HomeMy WebLinkAboutMINUTES - 08032004 - SD.5 a
TO: BOARD OF SUPERVISORS .•;� � ..* Contra
Costa
FROM: John Gioia, Supervisor, District 1 ( C �t
Federal Glover, Supervisor, District 5 y
DATE: August 3, 2044
SUBJECT: Community Preservation Program
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
ESTABLISH a Committee of Supervisors from district 1 and District 5 and REQUEST
further review of the Rental Dwelling Unit Maintenance and Inspection Program and held
hearings, as appropriate, to receive input from the community.
FISCAL. IMPACT
None
CONTINUED ON ATTACHMENT: YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURES :
ACTION OF BOARD ON 9= APPROVED A5 RECOMMENDED , _
VOTE OF SUPERVISORS
., I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ASSENT.... ,; { + ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE
ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE
SHOWN.
Contact: Caries Baltodano(925/335-1108)
ATTESTED:
cc: Building Inspection John Sweeten,Clerk a Board of Supervisors
County Administrator and County Admini 'ator
County Counsel
Community Development
BY F y5> PUTY
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BACKGROUNDIREASONS FOR RECOMMENDATIONS
On November 14, 2000, the Board of Supervisors directed the Building Inspection
Director, County Administrator's Office, Community Development Department,
Redevelopment Agency Director, County Counsel and requested the Housing
Authority to develop a comprehensive Community Preservation Program dealing
with rental units, vacant lots, property maintenance and housing rehabilitation forthe
unincorporated area of Contra Costa County. The Board directed staff to continue to
work with District 1 and District 5 offices.
Can December 17, 2002, the Board of Supervisors passed a comprehensive
Community Preservation Program(Ordinance 2002.46 and Ordinance 2042-49)that
acts as an umbrella for the actions of several different departments in an attempt to
streamline communications and efficiency.
Existing Communis Preservation Program
The Residential Property Nuisances section of Ordinance 2002-46 prohibits various
blight conditions from occurring on the property where a residential structure is
located. Under this section of the Ordinance the following nuisance conditions are
prohibited on residential property that are visible from a street, highway or private
road; abandoned, broken or neglected equipment, machines, refrigerators or
freezers, shopping carts, household equipment, or broken or discarded furniture;
garbage or trash cans left for more than 35 hours; boats, trailers, or vehicle parts that
are abandoned or left in a state of partial repair; construction and wood debris; and
tall weeds. This section of the ordinance provides a clearer definition of a nuisance.
The second section of Ordinance 2002-45 is the Regulation of Vacant Structures,
which requires that vacant structures be properly secured and boarded during
temporary periods of vacancy. Under this ordinance, a properly secured and
boarded structure means that all trash is removed from the interior of the structure
and from the premises, all unsecured doorways and windows are boarded with
plywood, utility services are cut off, and the premises are posted with"Do Not Enter"
signs. Permits are required to board the structure, along with a statement from the
owner that provides a timeline for occupancy, rehabilitation or demolition of the
vacant structure.
The third section of Ordinance 2002-46 is the Regulation of Vacant Property that
prohibits reoccurring nuisance on vacant lots. If a nuisance condition, such as a
substantial amount of trash discarded vehicles or boats, or abandoned equipment,
refrigerators or freezers, occur on a vacant lot, the county can direct the owner to
clean the lot within 10 (ten) days. If the lot is not cleaned up with in the allotted
timeframe, or if another nuisance occurs on the lot within a year after the first notice,
the County can direct the owner to clean up the lot and to put up a fence. The
County can also fence the property and recover its costs, including the cost of the
fence through abatement liens on the property.
Community Preservation Program—Rental Dwelling Unit Maintenance and Inspection 2
August 3,2004
Ordinance 2002-49 clarifies that the Sheriff is authorized to abate abandoned,
wrecked, dismantled or inoperable vehicles from public or private property. This
extended the sheriff's authority onto private streets and roads.
Missing from the Community Preservation Program Ordinance(Ordinance No. 2002-
46) was the rental unit component.
Staff has continued to work with both District 1 and District 5 offices and a draft of
the rental unit Ordinance has been developed. The next step is to solicit input from
various constituents, including the Municipal Advisory Councils, renters, owners,
Apartment Owner Associations and other interested community members.
Proposed Rental Dwellina Unit Maintenance and Inspection Program Ordinance
The proposed draft ordinance has the following key provisions.
1. The ordinance applies to all rental units in the unincorporated areas of the
county except for units owned by the housing Authority. It does include
Section 8 housing.
2. The ordinance applies to the premises on which these units are located.
3. The ordinance sets standards for exterior portions of the rental units.
Premises must be clear of weed, vegetation, junk and garbage. Parking
areas are to be clear of potholes and cracks.
4. Fees — The County may charge owners the reasonable cost of providing
services necessary to implement the ordinance and fund inspection activity.
The critical issues that still need to be resolved are:
1. Temporary Relocation -- Residents may need to be temporarily displaced or
relocated and consideration needs to be given to who will bear the cost
incurred.
2. Staffing — This will be a new or additional program and would require a
staring component that needs to be funded.
3. Fees-- Most residential rental inspection programs charge a fee to the owner
of the property. How much should this be and how will it be charged needs to
be determined.
4. Inspection Priority Phases — While the program applies to all of the
unincorporated areas, not all areas can be inspected at once. A phase
approach has been developed that takes into consideration the age of the
Community Preservation Program—Rental Dwelling Unit Maintenance and inspection 3
August 3,2004
housing stock, mean income of the area, or the proximity to the
redevelopment area where other revenue may be available. How this phased
approach will work:and a timeline to inspect 13,952 rental units(2900 Census
figure for unincorporated areas) needs to be established.
The resolution and understanding of these critical issues needs the involvement of
the people that will be affected by this program. It is envisioned that the committee
of Supervisors from District 1 and District 5 will be able to solicit the input of various
segments of the community, and make appropriate recommendations to the full
Board of Supervisors.
Community Preservation,Program—Rental Dwelling unit Maintenance and Inspection 4
August 3,2004
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Chapter 720-8
RENTAL DWELLING UNIT MAINTENANCE AND INSPECTION
Article 720-8.2
General Provisions
720-8.202 Title. This chapter is known as the Rental Dwelling Unit Maintenance and
Inspection Ordinance of Contra Costa County. (Ord. 2402-_§ 3.)
720-8.204 Purpose. The purpose of this ordinance is to identify blighted and deteriorated
housing stock and to ensure the rehabilitation or abatement of housing that does not comply with
statutes or regulations or county ordinances and regulations, including the exterior maintenance
standards and site maintenance standards set forth in Article 720-8.4, or is not otherwise safe to
occupy pursuant to Division 712, and further to preserve and enhance the quality of life for
residents of the County living in rental dwelling units. (Ord. 2002-_§ 3.)
720-8.206 Definitions. For purposes of this chapter, the following words and phrases have the
following meanings.
(a) "County Building Official" is the director of the Building Inspection Department.
(b) "Inspector" means the County Building Official or his or her designated representative
who is authorized and directed to enforce this chapter.
(c) "property Owner" means a person, persons, corporation, partnership, limited liability
company, or any other entity holding fee title to the subject real property. If more than
one person or entity owns the subject real property, "property owner" refers to each
person or entity holding any portion of the fee interest in the property, and the property
owners' obligations in this chapter are joint and several as to each property owner.
(d) "Rental Dwelling Unit" means any building or portion of a building in the unincorporated
area of the County that contains living facilities, including provisions for sleeping, eating,
cooking, and sanitation, which is hired, rented or leased by a person within the meaning
of Civil Code Section 1940, A"rental dwelling unit" includes a single family dwelling,
or a unit in a multifamily or multipurpose dwelling, or a unit in a condominium or
cooperative housing project, or any room or group of rooms located within a dwelling
and forming a single unit with facilities that are used or intended to be used for living,
sleeping, cooking or eating. The definition of rental dwelling unit applies to any dwelling
space that is actually used or available for residential purposes whether or not the
residential use is legally permitted. The definition of rental dwelling unit does not apply
to hotels, motels, or bed and breakfast facilities.
(e) "Substandard Condition" means a rental dwelling unit or its premises not in compliance
with statutes or regulations or county ordinances and regulations, including the exterior
maintenance standards and site maintenance standards set forth in Article 720-8.4,or not
otherwise safe to occupy pursuant to the Uniform Housing Code, as modified. (Ord.
2002- § 3.)
720-8.208 Application. This ordinance applies to all existing residential rental dwelling units,
as defined in this chapter, including units owned, operated,or subsidized by public agencies,
except for units owned by the Housing Authority of Contra Costa County. This ordinance also
applies to the premises on which these units are located, including parking lots, driveways,
landscaping, accessory structures, fences, walls, swimming pools, hot tubs, and spas. The
provisions of this chapter are supplementary and complementary to other provisions of this code
and applicable statutes. Nothing in this chapter may be construed to limit any existing right of
the County to abate nuisances or to enforce any provisions of applicable law, statute, or this
code, including provisions of uniform codes adopted by reference in this code. These provisions
include, but are not limited to,the California Building Standards Codes as adopted in Title 7 of
this code, including the building, housing, electrical, plumbing, and mechanical codes; and Title
8 of this coda. (Ord. 2002- § 3)
Article 720-8.4
Standards
720-8.402 Responsibility for property Maintenance. Every property owner of rental
dwelling unit in the unincorporated area of the County must maintain the rental dwelling unit and
its premises in accordance with this chapter, must correct all substandard conditions before
reinspections occur in accordance with Section 720-8.620, and remains liable for violations of
this chapter regardless of any contract or agreement with any third party concerning the rental
dwelling unit and its premises. (Ord. 2002-_ § 3.)
720-8.404 Exterior Maintenance Standards. In addition to the standards contained in the
applicable provisions of the County Ordinance Code and as described in Section 720-8.406,
property owners shall ensure that rental dwelling units and premises meet the following exterior
maintenance standards as reasonably determined by the inspector:
(a) Buildings, or portions of buildings, must have exterior walls that are weathertight and
watertight, and kept free of deterioration, holes, breaks, or loose boards or coverings.
Roof surfaces must be watertight and not have any defects that will allow water to enter
into the structure;
(b) The exterior finish of all structures on the premises must be maintained. If the exterior
finish of structure is paint or stain, the structure must be repainted or restained before
the exterior finish has substantially deteriorated;
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{c) All architectural projections such as cornices, moldings, lintels, sills and similar
projections must be maintained in good and safe condition and free of defects;
(d) All chimneys, antennae, vents, gutters and downspouts and similar projections or
building accessories must be structurally sound and in goad and safe condition. These
projections must be properly secured to an exterior wall or roof;
(e) Windows must be soundly and adequately glazed, free from loose and broken glass and
cracks that could cause physical injury or allow the elements to enter the structure.
Exterior doors must be maintained weathertight, watertight and rodent proof;
(f) All structures and exterior property must be maintained free of rodent, insect or vermin
infestation, as set forth in Chapter 416-14 of this code; and
(g) All accessory structures must be maintained in a state of good and safe condition or
removed from the site. These structures include, but are not limited to, clubhouses,
offices, maintenance buildings, carports, retaining walls, fences, garages, swimming
pools, spas, hot tubs, and miscellaneous sheds or structures. (Ord. 2002-_§ 3.)
720-8.406 Site Maintenance Standards. Property owners shall ensure that rental dwelling
units and premises meet the following site maintenance standards as reasonably determined by
the inspector:
(a) All units and premises must be clear of weeds, vegetation,junk(including, but not
limited to, abandoned, unused or nonoperational appliances, equipment, vehicles,
machinery, or household furnishings), dead organic matter, debris, ,garbage, stagnant
water, combustible materials, and similar materials or conditions that constitute fire,
health, or safety hazards;
(b) All parking areas must be clear of potholes, cracks or other deterioration. All striping
and signage, including parking signage and fire lane or access signage, must be clearly
legible and maintained in good condition;
(c) All landscaped areas must be maintained so as not to constitute a public safety hazard and
all dead or severely damaged plant materials shalt be removed. If upon inspection the
inspector reasonably determines that landscape areas constitute a public safety hazard, the
property owner shall submit a landscape plan to the Community Development
Department for approval. If rental dwelling unit and premises are in a land use district
requiring a development plan, the landscape plan must conform to the development plan
initially approved by the County. All other landscape plans must provide for the
replacement of all dead or severely damaged plant material with plant material equivalent
to that removed. Landscape areas include right-of-ways and detention or pond areas.
Driveways, hardscape parking areas, patios or walks are not included as landscape areas.
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(d) Refuse(as defined in Chapter 416-14 of this code) enclosures must be installed and
maintained. All refuse must be kept inside the enclosure. Oversized trash that will not fit
within the refuse enclosure, or designated receptacles, must be removed from the
property. (Ord. 2002-®§ 3.)
Article 720-8.5
Enforcement
720-8.602 Ordinance Administration. This ordinance is administered and enforced as deemed
necessary by the County Building Official. The County Building Official may promulgate rules
and procedures implementing this ordinance. (Ord. 2002-_§ 3.)
720-8.604 Inspections of Rental Dwelling Units. To the extent allowed by law, whenever
necessary to enforce any provision of this chapter or whenever the inspector has reasonable
cause to believe that a violation of this chapter exists on any property in the unincorporated area
of the County, the inspector may, following the notice procedures in this article, inspect any
rental dwelling unit and its premises to determine whether the unit complies with applicable
provisions and requirements of this code or of statutes or regulations enforced by the County
Building Official. Applicable provisions of the County Ordinance Code include, but are not
limited to, the California Building Standards Codes as adopted in Title 7 of the County
Ordinance Code, including the building, housing, electrical, plumbing, and mechanical codes,
and the Zoning Ordinance(Title S of the County Ordinance Code). (Ord. 2002- § 3.)
720-8.606 Frequency. The County Building Official may promulgate rules and procedures
specifying the frequency of inspections of rental dwelling units. (Ord. 2002- § 3.)
720-8.508 Notice To Property Owner. A notice of intent to inspect a rental dwelling unit will
be served upon the property owner by personal delivery upon the property owner or by mailing a
copy by first class mail to the property owner at the property owner's last known address as it
appears on the latest equalized tax assessment roll of the County. In the case of multiple
property owners, notice to any of the property owners is sufficient notice. The notice will state
the date and time of the inspection. The inspection will be scheduled at least 14 days after the
date the notice of inspection is mailed or personally delivered. (Ord. 2002-_§ 3.)
720-8.610 Notice To Tenants. The property owner must notify the individual tenants of the
inspection and ensure access to the units to be inspected. (Ord. 2002-_§ 3.)
720-8.612 Refusal To Inspect. If the occupant of the unit does not consent to the entry for
inspection, the inspector is authorized to seek an inspection warrant from a court of competent
,jurisdiction to cause the inspection to take place. (Ord. 2002-_§ 3.)
720-8.614 Notice and Order to Correct.
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(a) If, upon inspection, the inspector determines that any substandard condition exists within
the rental dwelling unit or its premises, the inspector will provide the property owner
with a written "Notice and Order to Correct," describing the substandard conditions(s)
and the location of the substandard condition(s)and specifying a reasonable time for
correction of the substandard condition(s), which will be no greater than 60 days from the
date of the notice. If the substandard condition(s) are so extensive or of such a nature that
the inspector determines the health and safety of the residents of the rental dwelling unit
or the public is substantially endangered, the time for compliance will be no greater than
5 days from the date of the notice.
(b) If the property owner applies in writing to the wilding Inspection Department for an
extension within the original correction period, the inspector may extend the period for
correction of the substandard condition(s)by an additional period of not more than 60
days, if the inspector determines that the property owner has established that correction
has been diligently pursued but that, due to circumstances beyond the property owner's
control,the correction could not be completed within the original period for correction.
(Ord. 24102- § 3.)
720-8.616 Service of Notice and Order. The Notice and Order to Correct will be served on the
property owner by mailing a copy by certified mail to the property owner at the property owner's
last known address as it appears on the latest equalized tax assessment roll of the County. In the
case of multiple property owners, service of the Notice and Order to Correct on any of the
property owners is sufficient. (Ord. 2002-_ § 3.)
720-8.618 Permits. Before initiating any correction of the substandard condition(s) identified
by the inspector in the Notice and Order to Correct, the property owner of the rental dwelling
unit shall obtain all necessary permits and pay all required fees for such permits, including,
without limitation, any penalty imposed by this code by reason of any repair, improvement or
maintenance which had been done in the past without a required permit, inspection or final
approval. (Ord. 2002-_ § 3.)
720-8.620 Reinspections. Reinspections may be conducted to verify that the substandard
condition(s) identified by the inspector in the Notice and Order to Correct have been corrected.
Amer correcting all substandard condition(s) indentified by the inspector,the owner of the rental
dwelling unit shall pay all reinspection fees and shall arrange with the inspector for reinspection
of the unit to determine whether the substandard condition(s)within the unit or the property on
which it is located have been corrected. The property owner shall ensure that the rental dwelling
unit is available for inspection by the inspector on the date scheduled for inspection and shall
provide all required notice to any tenants. If the inspector appears at the rental dwelling unit for
the inspection as scheduled and access is denied, the owner shall pay an additional reinspection
fee for any subsequent scheduled reinspection. Violations not noted on the initial inspection
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report but discovered on reinspection must be corrected by the property owner as set forth in this
chapter. (Ord. 2002-_§ 3.)
720-8.622 Remedies. If, ager a Notice and Order to Correct, a property owner fails to correct the
substandard condition(s) within the time allowed, the County may seek code compliance by any
remedyallowed under this code, including but not limited to infraction prosecution (Chapter 14-
8), administrative penalties(Chapter 14-12), abatement (Chapter 14-6), and any other remedy
allowed by law, including notification to the Franchise Tax Board of the property owner's
noncompliance for purposes of disallowance for state income tax purposes of interest,
depreciation, taxes, or amortization deductions, derived from the property ownership of
substandard rental housing as set forth in California Revenue and Taxation Code Section
24436.5. (Ord. 2002-_§ 3)
720-8.624 Appeals. The property owner may appeal any determination of the County.Building
Official made in accordance with this chapter in the time allowed and in the manner prescribed
in Chapter 14-4 of this code. (Ord. 2002- § 3)
Article 720-8.8
Fees
720-8.802 Service Fees. Owners of all rental dwelling units subject to inspection shall pay an
annual service fee in the amount established by the Board of Supervisors in the Building
Inspection Department's fee schedule adopted in accordance with section 74-3.107 of this code.
The fee will be used to finance the reasonable cost of providing services necessary to the
inspection and maintenance activities of this ordinance. If the owner fails to pay the required
fee, the County will recover it, plus accrued interest and penalties, utilizing any remedies
provided by law, including tax lien procedures established by ordinance or state law. (Ord.
2002-� § 3.)
720-8.804 Reinspection Fees. If reinspection is required in accordance with Section 720-
8.620, the property owner will be charged a reinspection fee for each reinspection required in an
amount established by the Beard of Supervisors in the Building Inspection Department's fee
schedule adopted in accordance with Section 74-3.107 of this code. (Ord. 2002-____ § 3.)
H:\2003\Code En#'orcementVenta3 inspection ord 8.wpd
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