HomeMy WebLinkAboutR-10720.1 - Extending the deadline for the amnesty period for waiver of fee & clarifying the scope of Residential Rental Dwelling Unit in section 15-10-020RESOLUTION NO.10720.1 (2016 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, EXTENDING THE DEADLINE FOR THE
AMNESTY PERIOD FOR WAIVER OF THE SPECIAL INVESTIGATION
FEE AND CLARIFYING THE INTERPRETATION AND SCOPE OF THE
DEFINITION OF "RESIDENTIAL RENTAL DWELLING UNIT" IN
SECTION 15.10.020 OF THE SAN LUIS OBISPO MUNICIPAL CODE
WHEREAS, on May 18, 2015, the City Council adopted Resolution No. 10614 (2015
Series) establishing a one year "amnesty period" whereby the Special Investigation Fee imposed
as part of the City's code enforcement program was temporarily waived for property owners that
voluntarily seek permits for unpermitted construction for single family and duplex dwelling units
which are subject to the City's Rental Housing Inspection Program, Chapter 15.10 of the San
Luis Obispo Municipal Code; and
WHEREAS, pursuant to Resolution No. 10614, the amnesty period ends on June 30,
2016. The City Council desires to extend the amnesty period in order for more property owners
to take advantage of this program; and
WHEREAS, on May 19, 2015, the City Council adopted Ordinance No. 1616
establishing 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, differences of opinion have arisen between certain property owners and
City staff regarding the interpretation and scope of the definition of "Residential Rental Dwelling
Unit" as set forth in Section 15.10.020 of the City's Municipal Code. By this Resolution, the City
Council desires to resolve those differences and clarify the meaning of that definition.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis
Obispo as follows:
For the period of May 17, 2016 to January 13, 2017, 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 section 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. Resolution No. 10614 (2015 Series) is hereby superseded by this Resolution
to the extent it is inconsistent herewith.
Resolution No. 10720.1(2016 Series)
Page 2
2. The City Council hereby confirms that all residential rental dwelling units not
inspected as part of the Fire Department's Multi -Family Inspection Program or
otherwise exempt from the Rental Housing Inspection Program pursuant to San Luis
Obispo Municipal Code section 15.10.090 are within the meaning and scope of the
definition of "Residential Rental Dwelling Unit" as set forth in section 15.10.020 of
the San Luis Obispo Municipal Code. This includes, but is not limited to, single
family and duplex rental units located on an R-3 and R-4 zoned lot.
Upon motion of Council Member Ashbaugh, seconded by Council Member Christianson, and on
the following roll call vote:
AYES: Council Members Ashbaugh and Christianson, and Mayor Marx
NOES: Council Member Rivoire and Vice Mayor Carpenter
ABSENT: None
The foregoing resolution was adopted this 17`h day of May, 2016.
ATTEST:
Lee Price, MMC
Interim City Clerk
Y Christine D
City Attorney
M yJ#
�rJ Marx
L
IN WITNESS WHEREOF, I have hereunto set my J4nd and affixed the official seal of the City
of San Luis Obispo, California, this day of
Lee Price, MMC
Interim City Clerk
R 10720.1