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HomeMy WebLinkAboutOrdinance No. 2389 ORDINANCE NO. 2389 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING CHAPTER 15.40 OF THE AZUSA MUNICIPAL CODE RELATING TO RESIDENTIAL RENTAL INSPECTION THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1: Chapter 15.40 of the Azusa Municipal Code is hereby repealed in its entirety. SECTION 2: Chapter 15.40 is hereby added to the Azusa Municipal Code, to read as follows: 15.40 RESIDENTIAL RENTAL INSPECTION CHAPTER 15.40 RESIDENTIAL RENTAL INSPECTION Sections: 15.40. 010 Definitions. 15.40. 020 Required. 15.40. 030 Utility Connection. 15.40.040 Application - Filing. 15.40. 050 Annual Inspection Required. 15.40. 060 Reinspection. 15.40.070 Exemptions. 15.40. 080 Owner Occupied Dwellings. 15.40. 090 Interior Inspection. 15.40. 100 Appeals by Aggrieved Persons. 15.40. 110 Violation - Penalty 15.40. 120 Enforcement - Public Nuisance 15.40. 010 Definitions A. "Director" means the Director of Community Development for the City of Azusa. B. "Change of Use" means to occupy a unit for other than a residence for one family. C. "City" means the City of Azusa D. "Occupancy" means any person who occupies a Unit, whether as an owner or tenant or permittee of the owner. E. "Owner" includes the agent of the Owner. F. "Person" means the individual, partnership, corporation or association or the rental agent of any of the foregoing. G. "Unit" means the residential dwelling unit in a single family, two family or multifamily residence building, which is not owner occupied excluding motels, hotels, rooming houses and boarding houses and similar living accommodations. ORDINANCE NO. PAGE 2 15.40. 020 Required No persons shall rent, lease, occupy or otherwise permit any dwelling unit which is hereafter vacated by the previous occupant thereof to be reoccupied until such unit is registered with the City of Azusa Community Development Department or provided with a certificate of exemption. 15. 40. 030 Utility Connection No connection of utilities, including water, electricity, and gas shall be made for any dwelling unit which has been vacated by its prior occupants unless such unit has been registered as required in this Chapter and the owner presents proof of registration or proof of exemption to the utility company. 15.40. 040 Application - Filing The owner of every rental unit shall, prior to renting or reoccupying a rental unit, obtain an annual registration and inspection certificate from the Community Development Director by filing a written application on a form to be prescribed by the Community Development Director and payment of an annual registration and inspection fee therefore. Said fees shall be set by separate resolution of the City Council in accordance with applicable State law. 15.40. 050 Annual Inspection Required The Community Development Director shall cause each rental property to be inspected at least once annually for compliance with applicable sections of State and local codes relating to Zoning, Building, Health and Safety, and Property maintenance. Where inspection reveals a violation the property owner shall be provided with a written notice describing the violation, location and a reasonable time for compliance. 15.40. 060 Reinspection Where violations are found, the property owner will be charged for all costs incurred by the City for obtaining compliance pursuant to provisions set forth in Section 15.08.100 et. seq. of this Code. 15.40. 065 Certificate - Contents and When Void A. The rental registration certificate shall expire one (1) year from the date of issuance or upon change of property ownership. B. The rental registration certificate shall state: 1. The date of issue; 2 . The legal use of the property; 3 . The address of the property; 4. The property owners name and address; 5. A registration number; 6. The date of expiration. 7. Any other pertinent information. 15.40. 070 Exemptions The requirement for an annual inspection and annual registration shall not apply to the following: 1. Owner occupied dwellings. 2 . Mobile home parks which have been issued a certificate of exemption. ORDINANCE NO. PAGE 3 3 . Reconnection of utilities turned off by the utility for lack of payment. 15.40. 080 Owner Occupied Dwellings All owner occupied dwellings shall be issued a certificate of exemption in lieu of a registration certificate upon request in conjunction with a Real Property Records Report. Said certificates of exemption shall be valid for thirty (30) days from date of issue and then voided. Requests for exemption will be processed and issued upon receipt of the City's copy of the Real Property records Report signed by the buyer. No fee shall be charged for certificate of exemption issued in conjunction with a Real Property Records Report. 15.40.090 Interior Inspections Where the exterior inspection gives evidence of possible interior defects or an extreme state of exterior dilapidation exists, the inspector shall have the right to make an interior inspection. Nothing in this Chapter shall prohibit an interior inspection of any dwelling unit where the Director or his designee request, and is granted, entry by the owner or occupants of a unit. 15.40. 100 Appeals by Aggrieved Persons Any person aggrieved by the determination of the Director under this Chapter may appeal to the City Administrator. Said appeal must be filed in writing within seven (7) days after the notification to the aggrieved person of the decision being appealed. Said appeal must be in writing and must state with particularity the reason why the Director's decision is being contested. The City Administrator shall issue a written decision on the appeal within thirty (30) days of the receipt of the written appeal. The aggrieved person shall be notified in writing of the decision on the appeal. 15. 40. 110 Violation - Penalty Any person who violates any provision of this Chapter is deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding $500. 00, or by imprisonment in jail for a period not exceeding six (6) months, or by both such fine and imprisonment. 15.40. 120 Enforcement - Public Nuisance It shall be considered a public nuisance to have or maintain any rental property which, upon inspection, fails to comply with state and local laws as they relate to housing standards, property maintenance, building codes or local zoning requirements. The director shall have the power to require correction of deficiencies identified through property inspection by using the procedure set forth in Section 15.08. 010 et. seq. of this code. SECTION 3 : The City clerk shall certify to the adoption of this ordinance and shall cause the same to be published as required by law. PASSED AND APPROVED this 3rd day of January , 1989. / - ' 'YOR ORDINANCE NO. PAGE 4 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF AZUSA I, ADOLPH SOLIS, City Clerk of the City of Azusa, do hereby certify that the foregoing Ordinance No. 2389 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 19th day of December 1988 . That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 3rd day of January , 1989 , by the following vote, to wit: AYES: COUNCILMEMBERS: AVILA, STEMRICH, NARANJO, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE _AO" ir C Y CLERK w t