HomeMy Public PortalAboutOrd. 1702ORDINANCE NO. 1702
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,
CALIFORNIA, ADDING CHAPTER 21 TO THE LYNWOOD MUNICIPAL BODE
ESTABLISHING THE MULTI -UNIT RESIDENTIAL RENTAL PROPERTY
REGISTRY AND ADMINISTRATIVE INSPECTION PROGRAM
WHEREAS, there is a current need to establish a citywide program of a
regularly scheduled, systemic program for the registration and inspection of multi-
unit residential rental property in the City of Lynwood ("City") to ensure that those
units provide safe, decent and sanitary living conditions for tenants living in the
residential dwelling unit, and to prevent further deterioration of those units; and
WHEREAS, significant percentage of code enforcement complaints and
violations occur at residential rental properties. Moreover, code enforcement has
observed that a pattern seems to exist that certain groups of tenants seem to be
the ones exploited the most by property owners and landlords, and by the time
some of the tenants finally find the courage to contact the City about non -
habitability issues, code enforcement finds that the conditions have become
objectively egregious; and
WHEREAS, this program would encourage and foster continuous
maintenance of residential rental property, not just by the landlords, but also by
the tenants; and
WHEREAS, the City of Lynwood City Council accordingly finds that in
order to address this citywide concern, the enactment of this ordinance will
encourage property owners who own and operate residential rental properties to
exercise their responsibility to ensure that the City ordinances governing the
condition and maintenance or residential dwelling units are followed to protect the
health, safety and welfare of the public, and prevent blighted conditions in the
City's neighborhoods.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD
DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDAIN AS
FOLLOWS:
Section 1. Chapter 21, "Multi -Unit Residential Rental Property Registry
and Administrative Inspection Program" of the Lynwood Municipal Coe is hereby
added as follows:
CHAPTER 21
MULTI -UNIT RESIDENTIAL RENTAL PROPERTY REGISTRY AND
ADMINISTRATIVE INSPECTION PROGRAM
21-1 FINDINGS:
a. The City Council finds and declares that there exists in the City of Lynwood
substandard, overcrowded and/or unsanitary residential rental buildings and
dwelling units, the physical conditions and characteristics of which violate local
and state and building, housing and health and safety ordinance, codes and
regulations, rendering them unfit or unsafe for human occupancy and habitation.
These residential rental buildings and units are detrimental to or jeopardize the
health, safety, and welfare of their occupants and of the public and serve to
seriously compromise the integrity and residential quality of city neighborhoods
through such factors as deferred property maintenance, overcrowding, a
proliferation of vehicles attributable to the multiple tenants who rent these
properties, and the accumulation of excess trash and debris on or about the
properties. It has been further observed by City of Lynwood staff performing code
enforcement functions that in general the most egregious violations of health and
safety codes and negative impacts as a result of overcrowding are experienced in
rental housing.
b. The City Council further finds and declares that the existence of such
substandard residential rental buildings and dwelling units threatens the social
stability and economic integrity of the neighborhoods -which .host these buildings;
necessitates disproportionate expenditures of public funds for code enforcement
and remedial action; impairs the efficient and economical exercise of
governmental powers and functions; and disrupts peaceful and quiet enjoyment of
residential areas and neighborhoods.
c. The City Council further finds and declares the desire to safeguard the
inventory of decent, safe and sanitary rental housing in the City through a
partnership of owners, tenants, the City and the community. As a result, the City
has a need for a self -funding, proactive and systemic administrative inspection
program for rental units.
-211= 2-PitRPOSE:---- -- -- ---- -- -- - - -- - - — - - - - - - -
The purpose of this chapter is to proactively identify such substandard and unsafe
residential buildings and dwelling units and to ensure the rehabilitation of those
buildings and dwelling units that do not meet minimum property maintenance,
building, housing, fire, and health and safety code standards, are not safe to
occupy, or do not comply with zoning codes, with the end goal to eliminate and
abate the underlying substandard, unsafe, unsanitary, and/ or nuisance
conditions. This chapter is further intended to preserve and enhance the quality of
life for residents living in such rental buildings and dwelling units and the
neighborhoods which host these structures.
21- 3 DEFINITIONS:
As used in this chapter, the following terms and phrases are defined as follows:
a. "City" shall mean the City of Lynwood.
b. "Code" shall mean the Lynwood Municipal Code, and all codes, regulations,
and laws adopted and incorporated therein.
c. "Director" shall refer to the City' s Director of Development, Compliance &
Enforcement Services Department, interchangeably also known as the
Community Development Department, or his or her designee.
d. "Owner" shall mean any person who owns one or more residential rental
properties.
e. "Person" means and includes any individual, partnership of any kind,
corporation, limited liability company, association, joint venture or other
organization or entity, however formed, as well as trustees, heirs, executors,
administrators, or assigns, or any combination of such persons. The terms
"person," "owner," "operator," and "landlord" may herein be used interchangeably.
f. "Residential rental property" shall mean those properties with five (5) or more
residential rental dwelling units, including, but not limited to, apartment buildings,
townhouse dwellings, condominiums, boarding houses, lodging houses, rooming
houses, guest rooms, single room occupancy units, small ownership units, hotel
and motel units, and dormitories in the City of Lynwood, that are rented or leased,
or are offered for rent or lease, to tenants for residential purposes on a non-
transient basis ( when one or more tenants reside on the property or rent or lease
the property for thirty( 30) consecutive days or longer).
21- 4 SCOPE:
The provisions of this chapter shall apply to all owners of residential rental
properties with five 5) or more residential rental dwelling units located within the
City of Lynwood.
21-5 RESIDENTIAL RENTAL PROPERTY REGISTRATION AND
ADMINISTRATIVE INSPECTION PROGRAM:
a. Each owner or operator, on behalf of the owner, shall initially register for the
residential rental property registration. and administrative inspection program (also
interchangeably referred to as "program," "inspection program", and/ or
"registration program") on a form provided by the City. Initial registration of
residential rental property, which is subject to this ordinance, shall be due January
31, 2018. Registration of residential rental property, which becomes subject to this
ordinance after the effective date of the ordinance codified in this chapter shall be
due within sixty (60) calendar days of the date that the residential rental property
was acquired or converted into a residential rental property after January 31,
2018.
b. Registration will be required on an annual basis thereafter, unless designated
herein, and will expire if not timely renewed prior to January 31 of each calendar
year.
c. All registrations shall be subject to verification by the Director, or his or her
designee. All information on said registrations shall be submitted under penalty of
perjury.
d. It shall be a violation of this chapter if any person makes a false statement in
the registration or submits false information in connection with a registration.
e. Each owner or operator, on behalf of the owner, may apply for the residential
rental property inspection and maintenance self -certification program ("self -
certification program") on a form provided by the City after undergoing an initial
inspection, and the City confirms the residential rental units are in compliance with
the City' s, state and federal applicable laws, including, but not limited to,
abatement of nuisances, building, housing, fire, and health and safety codes.
21- 6 REGISTRATION AND INSPECTION FEES:
a. Each annual registration for the residential rental property inspection program
shall be accompanied by a nonrefundable fee in the amount established by
resolution of the City Council. The fee shall be used to defray the costs of the
administration and enforcement of this ordinance. If a residential rental property is
approved in the self -certification -program; an -annual -self-certification .fee in the
amount established by resolution of the City Council will be required. The fee shall
be used to defray the costs of the administration and enforcement of the program.
If a residential rental property is not approved in the self -certification program, an
annual inspection fee for an annual inspection in the amount established by
resolution of the City Council will be required. The annual inspection fee includes
the cost of the annual inspection and one compliance re- inspection, if necessary.
If the owner fails to correct any found violations by the first compliance re-
inspection, the owner shall pay a re- inspection fee for the second and
subsequent compliance re- inspections in the amount established by resolution of
the City Council. All fees are nonrefundable.
p:�fFie annual resicTential renfal-properfV-reggissra1Fon and inspection program fee
shall be levied for the calendar year and each applicant must pay the full fee for
the calendar year upon submission of the application for that year' s residential
rental property registration.
c. The residential rental property registration and inspection program fee required
by this chapter is in addition to and not in lieu of any general business license tax
that might be required by this code, including Chapter 7 ("Licensing and Business
Regulations"), including, but not limited to Section 4- 7 ("Fees").
d. Penalty.
1. Failure to Pay Annual Fee. In addition to any available remedies the City
may elect to pursue for failure to pay the annual residential rental property
program fee when due, the Director of Finance, or his or her designee, shall add a
penalty of twenty percent of the permit fee on the first day of the month following
the due date and ten percent for each month thereafter while the fee remains
unpaid; provided, that the amount of the penalty shall not exceed fifty percent of
the amount of the fee due.
2. Failure to Register. If an owner fails to register for the residential rental
property registration and inspection program as required by this chapter, the fee
due shall be that amount due and payable from the first date when the person
engaged in the residential rental business in the City after the effective date of the
ordinance codified in this chapter, together with the penalty prescribed in
subsection 21-6. d.1
21- 7 INSPECTIONS:
a. In accordance with the requirements of this section the City shall be authorized
to periodically conduct an inspection of residential rental properties to assure
compliance with all applicable City, state and federal laws, including, but not
limited to, abatement of nuisances, building, housing, fire, and health and safety
codes, ordinances, and regulations. Owners shall provide access to all required
areas of a residential rental property for inspection within twenty-one (21)
calendar days of a written inspection request from the Director, or his or her
designee. This time period may be extended upon the approval of the Director, or
his or her designee. If the individual dwelling units of the residential rental
property are legally occupied by a tenant or other occupant, it shall be the owner'
s responsibility to lawfully notify the tenant or occupant in writing and request that
the tenant or occupant allow the inspection.
b. Frequency of Inspections.
1. Initial Inspections.
a. It is the intent of the City that all residential rental properties
subject to this ordinance as of the effective date of the ordinance
codified in this chapter and not eligible for the self -certification
program will receive an annual inspection, subject to the twenty-
one (21) day notice required herein, commencing the first year of
the program after January 1, 2018.
b. Well- maintained properties eligible to participate in the self -
certification program will have reduced inspections for a period of
three (3) years thereafter, as long as the residential rental dwelling
units' condition does not deteriorate during that time to the extent .
that the property would no longer meet the self -certification
eligibility standards.
c. Any residential rental property that becomes subject to this
ordinance after January 1, 2018, shall receive an inspection within
ninety (90) days of the date of registration, if not eligible for the
self -certification program. The City' s inability to inspect the
property and/ or unit(s) within said timeframe does not invalidate
any provision of the registration and inspection program as
delineated in this ordinance.
2. Subsequent Inspections. If during the inspection or any subsequent
inspection there are nuisance, building, housing, fire, or health and safety code or
ordinance violations, or permit violations, on the property, which prevent the City
inspector from approving a residential rental property as being in compliance, one
or more re- inspections of the property may be required before approval is
granted.
c. Code Enforcement. When during an inspection a nuisance, building, housing,
fire, or health and safety code or ordinance violation is noted, as a courtesy prior
to undertaking formal code enforcement action, the City inspector shall document
the violation, advise the owner or operator of the violation, the action which must
be undertaken and completed within a reasonable 5 compliance period
determined by the City inspector( s) in order to remedy the violation, and request
to schedule a re- inspection within the compliance period to verify correction of
the -violation. If upon -re- inspection the violation has not been .corrected, -and/ .or
the landlord fails to schedule a re- inspection with the City to confirm compliance,
the City inspector may report the violation for code enforcement. If the City
determines that any or all of the documented violations have been caused,
allowed or maintained by the tenant, the tenant shall be given an order to comply
and may be made subject to the enforcement remedies provided for in these
regulations.
d. Rental Housing Inspection Certification. Upon the successful completion of an
inspection, subsequent inspection or re- inspection of the residential rental
property establishing that the property and its occupancy are in compliance with
all applicable nuisance, building, housing, fire and health and safety code or
or financerequiremen s;Fie C ty shall issue to th owneF or-operaffor a Written
notice verifying code compliance and specifying a one - or, for properties which
qualify for the self -certification program, a three- year - time period during which
the certification will remain valid and during which the residential rental property
shall not be subject to a subsequent inspection. Notwithstanding the foregoing, a
rental housing inspection certification shall not preclude code enforcement or
investigation on the property if during the rental housing inspection certification
period a code violation on the property is reported to the City or otherwise
observed by the City on the property.
21- 8 SELF -CERTIFICATION PROGRAM:
a. Well-maintained properties with no existing violations of nuisance, building,
housing, fire, and health and safety codes or ordinances, and with no past
violations of building, housing and health and safety codes or ordinances within a
past three-year period, may qualify to participate in the residential rental property
inspection and maintenance self -certification program ("self -certification
program").
b. Upon receipt of the request to participate in the self -certification program, the
Director shall determine if the residential rental property complied with the
inspection, as required herein, and have not had any code violations over the past
three years from receiving the request. If the application qualifies, the owner or
operator on behalf of the owner, shall pay the self -certification program annual
nonrefundable fee.
c. In order to maintain eligibility in the self -certification program, the owner or
operator, on behalf of the owner, shall conduct an annual self -inspection of all the
residential rental dwelling units, including exterior conditions and site conditions,
and certify under penalty of perjury that the conditions at the property achieve the
minimum standards listed on the self -certification program checklist. All
information on said self -certification checklist shall be submitted under penalty of
perjury to the Director. It shall be a violation if any person makes a false
statement in the self -certification checklist or submits false information in
connection with .a self -certification checklist. The owner shall not be in violation of
this section if the tenant or occupant refuses to allow the self -certification
inspection by the owner. The owner shall provide the City a signed statement
from the tenant/occupant that the inspection was refused. If the tenant refuses to
sign the statement, the owner shall provide proof, under penalty of perjury, that a
request to inspect was served and it was not permitted by the tenant.
d. If the Director determines that a residential rental dwelling unit is not eligible to
participate in the self -certification program, then all the residential rental dwelling
units on the same property shall be inspected and the owner shall be assessed
the full annual inspection fee established by resolution of the City Council as
regulated by this ordinance.
e. Each owner or operator, on behalf of the owner, shall be required to maintain a
copy of the annual signed and dated self -certification program checklist for each
unit for the three-year period and provide said list within seventy-two hours upon
request of the Director or his/ her designee. Failure to maintain complete signed
checklists may result in disqualification from the self -certification program for all
rental properties of that owner for a period of up to three years. A copy of the
annual signed and dated self -certification program checklist shall be provided to
the tenant(s) of each residential rental dwelling unit inspected within five (5)
working days upon request of the tenant(s).
f. Nothing in the self -certification program shall be construed or interpreted as
limiting the City' s authority to investigate and compel the abatement of any
nuisance, building, housing, fire, and health and safety codes or ordinance
violations, or any other applicable law.
g. Any property that participates in the self -certification program may be removed
from the program for three years, at any time if that property fails to meet all of the
interior and exterior standards designated on the self -certification program
checklist or fails to meet nuisance, building, housing, fire, and health and safety
codes or ordinances, or other applicable laws. Each owner or operator, on behalf
of the owner, may be given a reasonable time by the Director to correct the
violations to remain in the self -certification program. Upon removal from the
program, the difference between the self -certification program fee and full annual
program fee shall be due and payable.
21- 9 REFUSAL TO PERMIT INSPECTION:
a. If an inspection is scheduled and entry is thereafter refused or cannot be
obtained, the City shall have recourse to every remedy provided by law to secure
lawful entry and inspect the premises, including but not limited to securing an
inspection warrant pursuant to California Code of Civil Procedure Sections 1822.
50 through 1822.57. The City inspector(s) shall provide notice that a warrant has
been issued to both the owner/operator and the tenant or occupant at least
twenty-four hours before the warrant is executed, unless the judge finds that
immediate execution is reasonably necessary under the circumstances shown.
b. Notwithstanding the foregoing, if the City inspector(s) has reasonable cause to
believe that the residential rental property is so hazardous, unsafe or dangerous
as to require immediate inspection to safeguard the public health or safety, the
City-inspector(s) shall have -the right -to - immediately enter: and -inspect the
premises and may use any reasonable means required to effect the entry and
make an inspection.
21- 10 RETALIATORY EVICTION PROHIBITED:
It shall be unlawful for a landlord to recover possession of a residential rental
dwelling unit in retaliation against a tenant for exercising his or her right to file a
complaint with the City 7 advising that a nuisance, building, housing, fire, or health
and safety code or ordinance violation or permit violation may exist on the
property.
21- 11 CHANGE OF OWNERSHIP:
When ownership o� a resi-iden-ti7 ren -tai propeti y cTEih! es, either the prior owner
shall notify the Director of this event prior to the consummation of the sale or
recordation of an instrument of conveyance with the Los Angeles County
Recorder's Office, or the new owner within sixty (60) days after consummation of
the sale or recordation of an instrument of conveyance with the Los Angeles
County Recorder', s Office. If the Director is not so notified, the existing rental
housing inspection certification for the residential rental property shall
automatically terminate and be null and void. The new owner will not have to pay
the program fees until the following calendar year, provided all fees were paid by
for the residential rental dwelling unit.
21-12 REGULATIONS NON-EXCLUSIVE:
The provisions of this ordinance regulating residential rental property are not
intended to be exclusive and compliance with this program shall not excuse
noncompliance with any other applicable provision, requirement, or regulation of
the Lynwood Municipal Code, and all laws and codes adopted therein, or any
applicable local, state and federal law. Nothing in this ordinance shall limit or
preclude separate and/ or additional inspections conducted by the fire department
inspectors for compliance with fire codes, including to verify compliance with
Section 12- 3 of the Lynwood Municipal Code.
21- 13 APPEALS:
Any appeal of a decision by a City inspector or other City official that a residential
rental property is in violation of a nuisance, building, housing, fire, or health and
safety code or ordinance is appealable pursuant to the procedures set forth in
Chapter 20 of the Lynwood Municipal Code. Except that the written notice of
appeal must be in writing and filed with the Director within ten (10) calendar days
from the date of the decision, with the appeal fee established by resolution of the
City Council. The appeal shall specifically identify the decision, which is the
subject of that appeal, and the reasons why, in the appellant' s opinion, the
decision is erroneous. Failure of the Director to receive a timely notice of appeal
constitutes a waiver of the right to contest any such decision. In this event, the
decision is final and binding. Appeal proceedings shall be in accordance with
Chapter 20 of the Lynwood Municipal Code.
21- 14 CONFLICTS:
If the provisions, requirements, or regulations of this ordinance conflict with or
contravene any other provision, requirement, or regulation of this code, the
provisions, requirements, or regulations of this chapter shall prevail as to all
matters and questions arising out of the subject matter of this ordinance.
21-15 PENALTY:
Any violation of this chapter shall be subject to the penalty provisions of Section
1- 5 of Chapter 1 of this code, and may also be subject to administrative citations
and fines pursuant to Chapter 20 of this code, for each and every day that a
violation is maintained without abatement.
21-16 REMEDIES CUMULATIVE:
The City is afforded to invoke any and all administrative, civil and/ or criminal
remedies available to the City to secure compliance with ,the provisions of this
ordinance.
21-17 SEVERABILITY:
If any provision of this ordinance is found to be unconstitutional or otherwise
invalid by any court of competent jurisdiction, that invalidity shall not affect the
remaining provisions of this ordinance, which can be implements without the
invalid provisions, and to this end, the provisions of this ordinance are declared to
be severable.
Section 2. If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this article, or any part thereof, is for any reason held to be
unconstitutional or invalid or ineffective by any court of competent jurisdiction,
such decision shall not affect the validity or effectiveness of the remaining
portions of this ar tcle or any'b6i t-- thereof. The City Council hereby declares that it
would have passed each section, subsection, subdivision, paragraph, sentence,
clause or phrase of this article irrespective of the fact that one or more sections,
subsections, subdivisions, paragraphs, sentences, clauses or phrases be
declared unconstitutional or invalid or ineffective. To this end, the provisions of
this article are declared to be severable.
Section 3. The City Clerk shall certify to the passage and adoption of
this Ordinance and cause the same to be posted and/ or published as required by
law. First'read at a regular meeting of the City Council held on the 19th day of
September, 2017, and adopted and ordered published at a regular meeting of
said Council on October 3, 2017.
Section 4. The Ordinance shall be effective thirty (30) days following its
adoption.
First read at a special meeting of the City Council held on the 19th day of
September, 2017 and adopted and ordered published at a regular meeting of said
Council on the 2nd of October, 2017.
PASSED, APPROVED and ADOPTED on this 2nd day of October, 2017.
Maria T. Santillan-Beas, Mayor
ATTEST:
Maria Quinonez, aty Clerk
APPROVED AS TO FORM:
Noel Tapia, City Attoriey
APPROVED AS TO CONTENT:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the
above and foregoing Ordinance was duly adopted by the City Council of the City
of Lynwood at its special meeting held on the 2nd day of October, 2017.
AYES: COUNCIL MEMBERS ALATORRE, CASTRO, MAYOR PRO TEM
SOLACHE AND MAYOR SANTILLAN-BEAS
NOES: NONE
ABSENT: COUNCIL MEMBER HERNANDEZ
ABSTAIN: NONE
�Uloae�' Azl&�9�-
Maria Quinone -
z, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City Council
of said City, do hereby certify that the above and foregoing is a full, true and
correct copy of Ordinance No. 1702 in my office and that said Ordinance was
adopted on the date and by the vote therein stated. Dated this 2nd day of
October, 2017.
Maria Quinonez, aty Clerk