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HomeMy WebLinkAboutR-10614 Amnesty Period to Voluntarily Seek Permits for Units Subject to Rental Housing Inspection ProgramRESOLUTION NO. 10614 (2015 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, ESTABLISHING AN AMNESTY PERIOD FOR PROPERTY OWNERS THAT VOLUNTARILY SEEK PERMITS FOR UNPERMITTED CONSTRUCTION FOR SINGLE FAMILY AND DUPLEX DWELLING UNITS SUBJECT TO THE CITY'S ADOPTED RENTAL HOUSING INSPECTION PROGRAM WHEREAS, the City Council of the City of San Luis Obispo ( "City ") has expressed its desire and intent to ensure the preservation of the city's neighborhoods as embodied in its adoption of the Major City Goal of Neighborhood Wellness; and WHEREAS, in furtherance of this goal, on May 5, 2015, the City Council introduced an ordinance to establish a Rental Housing Inspection Program ( "RHIP "), wherein the City would periodically inspect single family and duplex residential rental dwelling units for compliance with the State and local building and housing codes; and WHEREAS, the RHIP Ordinance is scheduled for adoption on May 19, 2015 and if adopted, would become effective 30 days thereafter; and WHEREAS, periodic inspections under the RHIP would commence sometime after January 1, 2016, and it is anticipated that the program will identify residential rental properties which are substandard, have unpermitted construction or are otherwise in violation of State and local building and housing codes; and WHEREAS, San Luis Obispo Municipal Code section 15.04.020.1-1, amending section 109.4 of the California Building Code, establishes and authorizes the Building Official to impose a "special investigation fee" in connection with unpermitted construction which is in the amount of 100% of the normally established permit fee (the "Special Investigation Fee "); and WHEREAS, the City Council recognizes that some property owners are unware of all of the requirements for obtaining building or other permits for improvements; and WHEREAS, by this Resolution, the City Council wishes to provide an "amnesty period" and temporarily waive the Special Investigation Fee for those property owners subject to the RHIP that voluntarily obtain permits to correct improvements related to unpermitted construction on their respective property. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows: 1. For the period of July 1, 2015 to June 30, 2016, the City Council hereby suspends the imposition of the Special Investigation Fee on any property owner who voluntarily obtains a building permit to either correct or otherwise permit unpermitted work for a Residential Rental Dwelling Unit as defined in San Luis Obispo Municipal Code R 10614 Resolution No. 10614 (2015 Series) Page 2 15.10.010 and is subject to the Rental Housing Inspection Program. The Special Investigation Fee shall continue to apply to any property owner whose property is currently the subject of a code enforcement action or a Notice of Violation or Notice to Correct has been or is otherwise issued to the property owner or does not obtain a permit prior to a scheduled inspection under the Rental Housing Inspection Program; and 2. The City Council hereby directs staff to publicize this amnesty program as soon as practically feasible; and 3. This Resolution becomes effective on the effective date of the Rental Housing Inspection Program Ordinance. Upon motion of Vice Mayor Ashbaugh, seconded by Mayor Marx, and on the following roll call vote: AYES: Council Member Christianson, Vice Mayor Ashbaugh and Mayor Marx NOES: Council Members Carpenter and Rivoire ABSENT: None The foregoing resolution was adopted this 5th day of May 2015. 7o ATTEST: Q, . J bony 1. It; ejia, City Clerk APPROVED AS TO FORM: Resolution No. 10614 (2015 Series) Page 3 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this '`' day of