HomeMy WebLinkAbout05-05-2015 PH1 Director Johnson 3XT I-
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DATE:
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COUNCIL MEETING: Cx �2o!j
ITEM NO.: Q
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May 4, 2015
City Council
Katie Lichtig, City Manager
Derek Johnson, Community Development Director Di
PH -1 — Rental Housing Inspection Program
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MAY 0 4 2015
This memorandum is in response to several questions posed regarding the Rental Housing
Inspection Program public hearing agenda item scheduled for the May 5th, 2015 City Council
Meeting.
1. Is there an estimate of the City's current costs for code enforcement on single-family &
duplex units?
On an annual basis, the City spends approximately $450,000 in direct costs for code
enforcement programs. The average cost to investigate a code case is approximately
$200. Last year the City spent approximately $130,000 investigating code cases in the
R1 and R2 zone districts.
2. Is there any history or data on longer -term costs of these types of programs? Assuming a
gradual increase in compliance, is it possible that this program might eventually cost
less?
The implementation of this Ordinance will require substantial initial investments in
resources and staff time. From researching other programs it is typical that compliance
will increase over time which can reduce the number of inspections required and
ultimately the overall cost of the program. Staff has based the budget figures in the
agenda report on assumptions from similar programs and counsel of subject matter
experts. Program costs and fees will be reviewed annually to ensure program compliance
with cost recovery policies and address any changes to operational assumptions.
3. In reference to Section 15.10.040 C, what is a situation where the unit could be so
"hazardous, unsafe or dangerous" as to require immediate inspection? Is this language
similar to our other code enforcement ordinances? And, how does it relate with Section
15.10.060 G where it says that tenant may refuse to allow inspection?
Under Section 104.6 A of the California Building Code the Building Official has "right
of entry" for inspections if there is reasonable cause to believe that a building is unsafe,
dangerous or hazardous such as the smell of gas, visible substandard electrical service,
visual signs of imminent collapse or footing failure.
15.10.060 G refers to a tenant refusing a scheduled inspection and not holding the Owner
in violation of the Ordinance for their refusal. In the event the Owner cannot obtain
access from the tenant then the Building Official can pursue an inspection warrant to
ultimately gain access to inspect the property.
4. In reference to Section 15.10.050, is there a process to remove a housing unit from the
program as would occur when a house is sold and then occupied by the owner?
Removing a unit from the program will be an administrative process by which an Owner
provides information to the City to demonstrate that the property is no longer subject to
the Ordinance. It is not necessary to include this process in the Ordinance.
5. In reference to Section 15.10.060, where do the timelines for notification come from?
The timelines were developed to provide a reasonable time frame for notice of inspection,
ability for Owner to request a one -time rescheduling and were based on best practices
from other jurisdictions as well as counsel from subject matter experts.
6. What is the difference between Section 15.10.060 A, where an "extension to a scheduled
inspection may be granted by the Inspector" and Section 15.10.060 D, where an
inspection maybe "rescheduled one time by the Owner".
Section A allows for an extension and Section D explains the process for an extension.
An extension is allowed if the Owner needs more than 15 days to prepare or arrange for
an inspection in advance of establishing the date. A rescheduled appointment can be
requested by the Owner once, after an appointment has been set.
7. What constitutes a written request? Who does it have to be made to, exactly? What
about emergency situations under three days? What if the Owner doesn't schedule
another Inspection? Effect of allowing the Owner two (instead of one) official re-
schedules?
Responses may be submitted by email or in writing to the Rental Inspection Program
Supervisor. The additional scenarios mentioned will be dealt with on a case -by -case basis
and will generally not give rise to any additional fees, unless "emergencies" is being used
to repeatedly delay inspections. Allowing only one re- inspection is consistent with the
ordinances from other jurisdictions.
8. In reference to Section 15.10.060 F, what is an "authorized agent" or "legal
representative" of the Owner?
An authorized agent or legal representative is anyone who has been authorized by the
Owner to represent them during an inspection. Owners will have to provide a form upon
inspection to authorize access. This form will list any authorized agents if any. No
special qualifications are needed.
9. In reference to 15.10.060 Section G (and Section 15.10.100Y), what's to prevent an
Owner from coercing a tenant into refusing to allow Inspection? What is the rate of
refusals or relevant history regarding this issue of tenant refusal in other cities? What
happens next in this situation?
There is nothing to prevent an owner from coercing a tenant. But the City will have all
remedies available to gain access, such as obtaining an inspection warrant. Refusal for
inspection has been infrequent in the City of Santa Cruz and has not occurred in the City
of Azusa. When this happens, the City can use any lawful powers under state law to gain
access.
10. Can the Owner hand the Inspector the fee on the day of inspection and be in compliance?
Same day payment is allowed at City offices, but late fees will apply.
11. In reference to 15.10.090 D, it is not clear how a unit could be owner - occupied and yet
still called a Residential Rental Dwelling Unit? Are secondary dwelling units exempt if
the primary residence is owner - occupied? What if the rental unit or secondary dwelling
unit is occupied by a relative, such as a mother or child? Generally, how does a
homeowner establish the exemption?
If an Owner chooses to rent a portion of their home they would be exempt from the
Ordinance. If an owner chooses to rent a separate unit on their property, such as a
secondary dwelling unit, the unit would be subject to the Ordinance. For the purposes of
this Ordinance, Owner is defined as the person or persons identified on the title of the
subject property.
12. In reference to Section 15.10.100. B, the Ordinance states that "the failure of an Owner
to submit a Self - Certification Checklist ....shall be grounds for the removal... " Is the
removal from the Self - Certification program automatic or is there flexibility?
There is some flexibility, but non - responsiveness will provide the ability to remove the
property from the program.
13. In reference to Section 15.10.100. C, how are units chosen for "random" inspections?
How is notice given to such owners? Generally how would noticing and other
requirements be handled for these Self - Certification inspections?
Properties in the Self- Certification program would be randomized electronically for
inspection. Notice will be provided consistent 15.10.60, however no fees shall apply for
the inspection if there are no violations.
14. In reference to Section 15.10.100. D, if a self - certification unit fell out of the program,
would they have one required inspection /correction cycle and then be able to go back
into the program if they pass the inspection?
That is correct.
15. Regarding Section 4, could the Council decide in the fixture to change this program to
keep costs down, as opposed to just increasing fees to cover increasing costs?
The Council preserves the prerogative to adjust the level of service, how service is
provided to contain costs or the level of cost recovery of the program.
16. Why wouldn't the Amnesty Ordinance start on Jan 1, 2016?
The intent of beginning the amnesty programs as soon as possible is to allow property
owners the maximum amount of time available to voluntarily address any unpermitted
items.
17. Is there a way to get the concept of "substantial compliance" into this ordinance?
There will be a standard compliance checklist used for all inspections, but Inspectors will
have the ability to use discretion regarding compliance with non - health and safety related
items.
Please contact Rafael Comejo (rcornejo(&slocity.org) or Derek Johnson (djohnsonAslocity.org)
should there be any questions.
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