1 Chapter 5.XX — Rental Housing Safety Program
5.XX.XXX Title. ............................................................................................................................................... 1
5.XX.XXX Purpose and Intent. ....................................................................................................................... 1
5.XX.XXX Findings. ......................................................................................................................................... 2
5.XX.XXX Definitions. ..................................................................................................................................... 2
5.XX.XXX Establishment; Authority; Construction; Language Access. .......................................................... 4
5.XX.XXX Scope and Exemptions. .................................................................................................................. 4
5.XX.XXX Notice. ............................................................................................................................................ 6
5.XX.XXX Registration. ................................................................................................................................... 7
5.XX.XXX Inspection Fees. ............................................................................................................................. 8
5.XX.XXX Inspection Programs. ................................................................................................................... 10
5.XX.XXX Mandatory Inspection Program................................................................................................... 11
5.XX.XXX Self-Certification Inspection Program. ........................................................................................ 13
5.XX.XXX Tenant Rights. .............................................................................................................................. 16
5.XX.XXX Violations; Enforcement. ............................................................................................................. 20
5.XX.XXX Collection of Unpaid Fees, Fines, and Penalties. ......................................................................... 22
5.XX.XXX Appeals. ....................................................................................................................................... 23
5.XX.XXX Severability. ................................................................................................................................. 25
5.XX.XXX Title.
This Chapter shall be known as the Rental Housing Safety Program (“Program”).
5.XX.XXX Purpose and Intent.
The City Council finds and declares that the preservation of existing rental stock is of critical importance to the health, safety, and welfare of the City’s residents. Rental housing provides needed, affordable housing for many residents and is a valuable community asset that must be preserved and maintained. The purposes of this Chapter are to:
A. Proactively identify blighted, deteriorated, or substandard residential rental units and ensure the rehabilitation and prevention of housing conditions that do not meet minimum building, housing, and sanitation code standards;
B. Preserve and enhance the quality of life for residents living in or near rental properties and neighborhoods that host them; and
2 C. Provide accountability, guidance, and support for all owners and managers while protecting tenants’ health and safety; and
D. Protect the health, safety, and welfare of tenants and the public through a partnership among property owners, tenants, the City, and the broader community.
5.XX.XXX Findings.
The City council further finds and declares as follows:
A. Housing Age and Condition. Over seventy percent (70%) of the City’s housing stock was constructed prior to 1999, and over fifty percent (50%) of all housing units in the City are occupied as rentals. The age of this housing stock means that aging structural, mechanical, electrical, and plumbing systems can deteriorate overtime and create unsafe or unhealthy conditions for occupants.
B. Neglect and Deterioration. Over time, rental housing often deteriorates because of intentional and unintentional neglect of property owners, managers, and occupants.
This deterioration results in substandard conditions that adversely affect the economic values of neighboring structures, threaten social stability of City neighborhoods, and hare hazardous to the public health and safety.
C. Underreporting of Conditions. In many cases, property owners choose not to make necessary repairs because of cost. Occupants may fail to report deficiencies out of a lack of knowledge or a fear of retaliation. As a result, substandard conditions often go unreported and unaddressed under a complaint-based model alone.
D. Shifting Enforcement Landscape. Beginning January 1, 2026, the Solano County Division of Environmental Health will limit its complaint-based role to health officer determinations under California Health and Safety Code Section 17920.3, shifting most other rental housing complaints to the City’s Code Enforcement and Building Divisions.
This transition increases the City’s responsibility for proactive rental housing oversight.
E. Need for Proactive Inspections. Complaint-based enforcement, alone, is insufficient to ensure citywide compliance with health and safety standards. Routine, periodic inspections of residential rental dwelling units are necessary to protect the public interest, promote neighborhood integrity, and ensure that all persons residing in rental housing are provided with decent, safe, and sanitary conditions.
5.XX.XXX Definitions.
A. “Director” shall mean the City employee authorized by the City Manager to supervise and administer the Rental Housing Safety Program, or his or her designee.
3 B. “Engage in the business of rental housing” shall mean renting, leasing, or offering to rent or lease one or more residential rental units within the City for residential occupancy
C. “Immediate family” shall mean the owner’s spouse or domestic partner, children, stepchildren, parents, stepparents, siblings, or any other person related to the owner by blood, marriage, or adoption who resides with the owner as a member of the same household.
D. “Inspector” shall mean any City representative authorized by the City Manager or Chief of Police to conduct inspections pursuant to this Chapter.
E. “Owner” or “property owner” shall mean any person or entity holding title to a rental housing property, including any part owner, joint owner, or co-owner of record as reflected in the records of the Solano County Assessor. The terms “owner,” “property owner,” “operator,” and “landlord” may be used interchangeably in this Chapter.
F. “Owner-occupied” shall mean a rental housing property, or a specific residential rental unit within such property, in which the owner of record maintains his or her primary residence and occupies the unit as his or her principal place of residence.
G. “Primary residence” shall mean the dwelling at which a person is domiciled and to which the person intends to return whenever absent, as evidence by factors including but not limited to voter registration, vehicle registration, income tax filings, and utility service.
H. “Rental housing property” shall mean a parcel of real property upon which a residential rental unit is maintained, including but not limited to parking, driveways, landscaping, accessory structures, fences, walls, pools, hot tubs, and spas.
I. “Residential rental unit” shall mean a single unit of residence that is being rented, or is intended to be rented for residential occupancy. This term includes but is not limited to apartment units, condominiums, duplexes, single-family homes, and hotels or motels in which one or more units are rented for periods of thirty (30) or more consecutive days.
This term also includes each individual sleeping room in residential housing where bathroom or cooking facilities are shared among occupants.
J. “Responsible party” shall mean any person or entity that owns, operates, manages, or otherwise exercises control over a rental housing property or residential rental unit, including but not limited to the owner of record, a property manager, or a management company acting on behalf of the owner.
K. “Self-Certification Checklist” shall mean the form provided by the City and completed by an owner or the owner’s designee in connection with the Self-Certification Program
4 established under Section 5.XX.XXX, certifying that each residential rental unit on the rental housing property meets the minimum standards required for participation in the Self-Certification Program.
L. “Substandard building or dwelling” shall have the meaning set forth in California Health and Safety Code Section 17920.3, as may be amended from time to time.
M. “Tenant” or “occupant” shall mean any person who occupies a residential rental unit, in whole or in part, regardless of whether a written lease or rental agreement exists.
5.XX.XXX Establishment; Authority; Construction; Language Access.
A. Establishment. The City Council hereby establishes the Rental Housing Safety Program consistent with the purpose and findings of this Chapter.
B. Authority. This Chapter is enacted pursuant to the City’s police powers to protect the public health, safety, and welfare of its citizens and applicable provisions of state law.
C. Construction. This Chapter supplements existing City, State, and Federal laws and shall be liberally construed to further its intent.
D. Language Access. The City shall make a reasonable effort to make all communications required by this Chapter available in English and in any other language spoken by a substantial number of residents in the City of Fairfield, in accordance with the City’s language access policy and any applicable state or federal law. This obligation extends to oral and in-person communications arising under this Chapter, including City-conducted inspection and administrative hearings. Interpreter services available to tenants during inspections are addressed in Section 5.XX.XXX, Subsection (B)(4). Interpreter services available to parties at administrative hearings are addressed in Section 5.XX.XXX, Subsection (C)(5).
5.XX.XXX Scope and Exemptions.
A. Scope. The provisions of this Chapter shall apply to all owners of one or more residential rental units located within the City of Fairfield. Notwithstanding the foregoing, a single- family residential rental unit shall be subject to Chapter only if the owner of record owns, operates, or rents four (4) or more residential rental units within the City.
B. Business License Fee Waiver. Any owner subject to this Chapter who is required to obtain a business license pursuant to Fairfield Municipal Code Chapter 10B solely by reason of engaging in the business of rental housing as defined herein shall be exempt from the business license tax imposed by Chapter 10B. Such owner shall nonetheless be required to obtain a business license.
5 C. Mandatory Exemptions. The following residential rental units are exempt from mandatory inspection requirements of this Chapter:
1. Newly Constructed Units. Residential rental units that have received a certificate of occupancy within the previous five (5) years. Newly constructed units may qualify for the Self-Certification Inspection Program under Section 5.XX.XX.
2. Public Housing. Residential rental units owned and operated by the Housing Authority of the City of Fairfield.
3. Institutionally Operated Housing. Residential rental units operated by educational or religious institutions as an integral part of their institutional programs.
D. Discretionary Exemptions. The Director may exempt the following residential rental units upon a written determination that the basis for exemption is satisfied:
1. Inspections by Another Government Agency. Residential rental units subject to routine periodic inspections by another government agency, including residential rental units subject to federal housing assistance programs such as the Section 8 Housing Choice Voucher program, provided that the Director determines that the frequency and scope of such inspections meet the standards of this Chapter.
E. Owner-Occupancy Exemptions.
1. Single-Family and Condominium Units. An owner-occupied single-family home or condominium unit is exempt from the mandatory inspection and annual fee requirements of this chapter if:
a. No occupant of the residential rental unit pays rent or other consideration for the right to occupy; and
b. No expenses related to the property are claimed as rental income or business deductions on the owner’s personal income tax returns.
2. Multi-Unit Properties. On a rental housing property containing two (2) or more residential rental units, an owner-occupancy exemption applies only to the specific residential rental unit occupied by an owner of record or their immediate family member, provided that the conditions of subsection (D)(a) are satisfied. All remaining units on the rental housing property remain subject to this Chapter.
F. Loss of Exempt Status. Any residential rental unit that qualifies for an exemption under this section shall become subject to the full requirements of this Chapter upon a verified
6 finding of substandard conditions, the issuance of a notice and order, or a determination by the Director that the basis for the exemption no longer exists.
G. Reservation of Inspection Authority. Notwithstanding any exemption under this section, the City regains authority to inspect any residential rental unit upon receipt of information that a code violation may exist thereon, consistent with Section 5.XX.XXX.
5.XX.XXX Notice.
A. Form of Notice. Unless otherwise specified in this Chapter, all notices required to be given by the City pursuant to this Chapter shall be in writing and shall contain the following information:
a. The address and assessor’s parcel number of the rental housing property that is the subject of the notice;
b. The name and contact information of the City representative responsible for administering the matter to which the notice relates;
c. A description of the action required, if any, and the deadline by which such action must be taken; and
d. Notice of the recipient’s right to appeal, where applicable, pursuant to Section
5.XX.XXX.
B. Service on Owner. All notices required by this Chapter shall be served on the owner by one or more of the following methods:
a. First class mail to the owner’s last known address, as reflected in the City’s Program registration records or through County property tax records;
b. Certified mail, return receipt requested, to the owner’s last known address, as reflected in the City’s Program registration records or County property tax records;
c. Electronic mail, where the owner has affirmatively consented, in writing at the time of registration or re-registration, to electronic service; or
d. Personal delivery to the owner.
In the case of multiple owners of the same rental housing property, service on any one owner of record shall constitute sufficient notice to all owners.
7 C. Service on Tenants. Where this Chapter requires that a copy of any notice be provided to tenants, such notices shall be served by one or more of the following methods:
a. First class mail to the tenant’s address at the rental housing property;
b. Personal delivery to the tenant; or
c. Where mail service and personal delivery are not practicable, posting in a conspicuous location at or near the entrance to the tenant’s residential rental unit.
D. Effective Date of Notice. For purposes of calculating any deadline or time period under this Chapter:
a. Mail Service. A notice served by mail shall be deemed effective three (3) days after the date of mailing, consistent with Civil Code Section 1013.
b. Personal Delivery or Posting. A notice served by personal delivery or posting shall be deemed effective on the date of delivery or posting.
c. Electronic Mail. A notice served by electronic mail shall be deemed effective on the date of transmission.
E. Notice to City. Where this Chapter requires an owner or tenant to provide notice to the City, such notice shall be submitted in writing to the Director at the address or electronic mail address designated by the City for that purpose. Notice to the City shall be deemed effective upon receipt by the Director, or his or her designee.
F. Defective Notice. A technical defect in the form of service or any notice required by this Chapter shall not invalidate any inspection, enforcement action, or other proceeding under this Chapter, providing that the intended recipient had actual notice of the substance of the communication and was not prejudiced by the defect.
5.XX.XXX Registration.
A. Registration Required. No person shall engage in the business of rental housing within the City unless each residential rental dwelling unit is registered with the City in accordance with this section and all applicable fees have been paid as established in the City’s master schedule.
B. Initial Registration. An owner shall register each residential rental unit with the City within ninety (90) days following the effective date of this Chapter, or date of acquisition or conversion of a property to rental use. Where access to the rental housing property is delayed due to tenant-related issues, the owner may request additional time
8 from the Director, who may grant a reasonable extension upon a showing of good cause.
C. Registration Form and Required Information. Initial registration and annual re- registration shall be completed on a form provided by the City, which may be made electronically. Registration shall include the following information:
1. Description of the rental housing property, including street address and assessor’s parcel number;
2. Number and description of all residential rental units on the property;
3. Name and current contact information for the owner of record;
4. Any additional information determined by the Director to be reasonably necessary to implement this Chapter.
D. Annual Re-Registration. Following initial registration, each owner shall re-register annually. Annual re-registration is for administrative purposes and shall require the owner to confirm or update the information required under subsection C, pay all applicable fees, and report any changes in ownership, unit count, or management.
Annual re-registration does not require substantive condition reporting except as provided in subsection E.
E. Condition Reporting. In connection with each inspection cycle, the owner shall attest to the current conditions of the property, including any readily apparent violations of applicable building, housing, fire, planning, or property maintenance codes. Following the initial inspection cycle, condition reporting shall be required every three (3) years thereafter, coinciding with the scheduled inspection under Section 5.XX.XXX, or at any time that new substandard conditions are discovered or reported.
F. Self-Certification Program. At the time of registration or re-registration, an owner may apply for the Self-Certification Program under Section 5.XX.XXX.
G. Failure to Register. Failure to register a residential rental unit within the time required by this section is a violation of this Chapter and is subject to the remedies set forth in Section 5.XX.XXX, including administrative citations and civil penalties.
5.XX.XXX Inspection Fees.
A. Program Fees. The following fees are established and shall be imposed upon the owners of rental housing properties as a condition of participation in the Program:
9 1. Annual Registration Fee. An annual registration fee shall be imposed on each residential rental unit to defray the costs of administering and enforcing this Chapter, The fee shall be due at the time of initial registration and upon each annual re-registration thereafter.
2. Inspection Fee. An inspection fee shall be imposed on each residential rental unit subject to mandatory inspection under Section 5.XX.XXX.
3. Self-Certification Fee. An annual self-certification fee shall be imposed on each residential rental unit participating in the Self-Certification program under Section 5.XX.XXX, in lieu of the inspection fee.
B. Conditional Fees. The following fees shall be imposed upon the owners of rental housing properties upon the occurrence of the triggering event described. Once the triggering condition occurs, imposition of the applicable fee is mandatory.=:
1. Rescheduling Fee. A rescheduling fee shall be imposed when an inspection is rescheduled in violation of Section 5.XX.XXX, including when an inspection is rescheduled more than once or without the required advance notice.
2. Reinspection Fee. A reinspection fee shall be imposed for each reinspection required where violations identified during any inspection have not been corrected by the time of the reinspection.
3. Additional Unit Inspection Fee. An additional unit inspection fee shall be imposed when the Inspector determines that additional residential rental units beyond those initially scheduled must be inspected due to the discovery of violations on the rental housing property.
C. Fee Administration. The City Council shall establish the amounts of the foregoing fees, their respective due dates, and any penalties for delinquent payment of such fees, by resolution. All such fees, due dates, and penalties shall be posted on the City’s master fee schedule.
D. Limitation on Fee Pass-Through to Tenants. An owner shall not recover, whether directly or indirectly, more than fifty percent (50%) of the annual registration fee or self- certification fee imposed under this section from any tenant of the subject residential rental unit. Any portion of the fee lawfully recovered from a tenant shall be assessed only as a monthly surcharge added to the tenant’s rent and shall not be imposed as a lump-sum charge or condition of tenancy. Any attempt to recover fees from a tenant in excess of this limitation, or in a manner inconsistent with this subsection, shall constitute a violation of this Chapter and shall be subject to the enforcement remedies set forth in Section 5.XX.XXX.
10 5.XX.XXX Inspection Programs.
A. General. All residential rental units subject to this Chapter shall be inspected in accordance with one of the following programs:
1. Mandatory Inspection Program. The City shall conduct periodic inspections of residential rental units as provided in Section 5.XX.XXX. Participation in the Mandatory Inspection Program is the default obligation of all owners subject to this Chapter.
2. Self-Certification Inspection Program. As an alternative to mandatory City- conducted inspections, owners of qualifying rental housing properties may elect to participate in the Self-Certification Inspection Program as provided in Section
5.XX.XXX. Participation in the Self-Certification Program is not a matter of right and is subject to the eligibility requirements and continuing obligations set forth in that section.
B. Standards of Compliance.
1. Scope of Inspection. The Director, or his or her designee, may inspect residential rental units and related areas to determine compliance with relevant state housing law, this code, and prior conditions of approval.
2. Maintenance Standard. All residential rental units shall be maintained in a safe and sanitary condition consistent the building, housing, and sanitation codes in effect at the time of construction, except where state housing law or this code imposes additional requirements.
3. Unpermitted Additions and Alterations. Unpermitted additions or alterations to a residential rental unit shall be required to comply with the codes currently adopted by the City at the time of inspection, unless otherwise authorized under applicable law.
4. Substandard Conditions. A residential rental unit shall be deemed substandard where conditions exist that render the unit unsafe, unsanitary, or unfit for human habitation, as defined in California Health and Safety Code Section 17920.3 or any applicable provision of this code.
5. Technical Building Code Determinations. Where a determination made pursuant to this section involves a technical interpretation of the California Building Code or other adopted building or fire code, such determination shall be appealable pursuant to the technical building code procedures set forth in Section 5.XX.XXX (Technical Building Code Appeals).
11 C. Nonexclusivity. Nothing in this section shall limit or preclude inspections conducted by the Fire Department for compliance with applicable fire codes, or any other inspection conducted pursuant to any other provision of this code or applicable law.
D. Inspection Certification.
1. Issuance. Upon successful completion of an inspection or self-certification establishing that the rental housing property is in compliance with all applicable building, housing, and sanitation code requirements, the City shall issue to the owner of a rental housing inspection certification valid for three (3) years from the date of issuance. A certification shall be issued following:
a. A mandatory City inspection conducted pursuant to Section 5.XX.XXX; or
b. Approval of a Self-Certification application pursuant to Section
5.XX.XXX, for the duration of the owner’s participation in that program.
2. Effect of Certification. A valid certification shall not preclude code enforcement or investigation if a violation is reported or observed by the City during the certification period.
3. Revocation. The Director may revoke a certification at any time upon a finding that the rental housing property is no longer in compliance with the requirements of this Chapter. The Director shall provide written notice of any revocation to the owner in accordance with Section 5.XX.XXX.
5.XX.XXX Mandatory Inspection Program.
B. Inspection Cycle and Prioritization. Every residential rental unit subject to this Chapter shall be inspected not less than once every three (3) years, except for units participating in the Self-Certification Program under Section Section 5.XX.XXX or qualifying as exempt under Section 5.XX.XXX.
1. Systematic Inspection Program. The City shall operate a systematic inspection program to ensure that all residential rental units subject to this Chapter are inspected within each three (3) year cycle.
2. Prioritization Factors. The City shall prioritize inspections within each cycle based on the following factors, which are intended to guide but the sequencing of inspections:
12 a. Age of the rental housing stock, with priority given to units five (5) years of age or older;
b. Condition of the rental housing stock, including any known or reported deterioration or deferred maintenance; and
c. History of prior code violations on the residential rental property.
3. Scope of Inspection Authority. Nothing in this subsection shall be construed to limit the City’s authority to inspect any residential rental unit upon receipt of information that a code violation may exist thereon, or upon any other basis authorized by this Chapter or applicable law.
4. Cause for Inspection. In addition to inspections conducted as part of the inspection cycle, the City may inspect any residential rental unit upon receipt of information that a code violation may exist thereon, including but not limited to:
a. A complaint from a tenant of a residential rental unit that a code violation may exist;
b. Records maintained by the Director reflecting prior code violations or the absence of correction of such violations on the property;
c. A direct referral from another City official with code enforcement responsibility or from an official of a federal, state, or local agency, or from a public or private utility; or
d. A report or observation that the exterior condition of the rental housing property reflects the existence of code violations.
C. Inspection Notice. The City shall provide at least thirty (30) days’ written notice of the date and time of any inspection to be conducted pursuant to this Chapter, in accordance with Section 5.XX.XXX. Notice shall be provided to the owner of record and to each residential rental unit on the rental housing property.
D. Inspection Rescheduling.
1. City-Initiated Reschedule. The City may reschedule an inspection at its discretion. If the City reschedules an inspection, it shall provide updated written notice at least seven (7) days before the new inspection date, in accordance with Section 5.XX.XXX. Notice shall be provided to the owner of record and to each residential rental unit on the rental housing property.
13 2. Owner or Tenant-Initiated Reschedule. An owner or tenant may reschedule an inspection once by providing written notice to the Director at least seven (7) days prior to the scheduled inspection date, in accordance with Section
5.XX.XXX. A rescheduled inspection shall occur within fourteen (14) days of the originally scheduled date.
3. Additional Reschedules. Additional reschedules beyond the first are permitted only upon a showing a good cause and with the approval of the Inspector. A rescheduling fee shall be imposed for each additional reschedule, as established in the City’s master fee schedule.
E. Inspection Access and Entry.
1. Identification. At the time of the inspection, each person attending on behalf of the City shall identify themselves by name and title upon request of the owner or occupant.
2. Refusal of Access. If access is refused or cannot be obtained, the City may utilize all legal remedies available to secure lawful entry, including but not limited to an administrative inspection warrant pursuant to California Code of Civil Procedure Sections 1822.50 through 1822.57. Tenant entry rights under California Civil Code Section 1954 apply with respect to entry for necessary services and inspections.
F. Inspection Results and Reporting. Upon completion of an inspection, the Director shall provide a written summary of the inspection results, including any violations identified and the action required to remedy each violation, in accordance with Section 5.XX.XXX.
The written summary shall be provided to the owner of record and to the applicable residential rental unit on the rental housing property.
G. Violations and Reinspection. Reinspections shall verify correction of cited violations. A reinspection fee shall be imposed for each reinspection, as provided in Section 5.XX.XXX, Subsection (B)(2), and established in the City’s master schedule.
H. Inspection Certification. Upon successful completion of an inspection, the City shall issue an inspection certification to the owner, as provided in Section 5.XX.XXX.
5.XX.XXX Self-Certification Inspection Program.
A. Eligibility. Exemption from mandatory inspection shall be available for well-maintained properties that qualify under this section. To be eligible, a rental housing property must satisfy all of the following at the time of application:
1. No current complaints of code violations on the rental housing property;
14 2. No more than two (2) verified code violations on the rental housing property within the previous twelve (12) months;
3. No previously -identified and uncorrected violations of applicable state laws or codes, including the California Code of Regulations, State Housing Code, California Health and Safety Code, California Building, Plumbing, Mechanical or Electrical Codes, Uniform Code for the Abatement of Dangerous Buildings, International Property Maintenance Code or provisions of the Fairfield Municipal Code;
4. No outstanding fees, charges, or penalties due to the City of Fairfield; and
5. No code enforcement liens or special assessments recorded against the rental housing property.
B. Application for Self-Certification. A property owner, or his or her designee, must complete an Application for Self-Certification on a form provided by the City. As part of the application process, the property owner, or his or her designee, must:
1. Conduct a self-inspection of all rental dwelling units on the property; and
2. Certify under penalty of perjury that the conditions at the property meet the requirements of the Self-Certification Program; and
3. Submit the completed application and all required fees to the Director.
C. Qualifying Inspections. Qualifying inspections shall be required for properties that have not been the subject of a residential rental unit inspection within the five (5) years preceding application for the Self-Certification Program. The cost of any qualifying inspection shall be borne by the owner and shall be subject to the inspection fee established under Section 5.XX.XXX.
D. Director Determination. Upon receipt of a completed application, the Director shall review the application and determine whether the rental housing property satisfies the eligibility criteria set forth in subsection A. The Director shall notify the owner in writing of the determination within thirty (30) days of receipt of a complete application, in accordance with Section 5.XX.XXX. If the Director determines that the rental housing property does not qualify, the owner shall be subject to the mandatory inspection requirements of Section 5.XX.XXX and all applicable fees.
E. Inspection Certification. Upon approval of an application for the Self-Certification Program, the City shall issue a rental housing inspection certification to the owner
15 pursuant to Section 5.XX.XXX. The certification shall remain valid for the duration of the owner’s participation in the Self-Certification Program subject to the following:
1. Annual Renewal. The certification shall be deemed renewed upon the owner’s timely completion of the annual self-inspection requirements set forth in subsection F. Failure to complete those requirements shall cause the certification to lapse and shall constitute grounds for removal from the Self- Certification Program pursuant to subsection H.
2. Revocation Upon Removal. Removal of a rental housing property from the Self- Certification Program pursuant to subsection H shall constitute grounds for revocation of the inspection certification pursuant to Section 5.XX.XXX. The director shall provide written notice of revocation to the owner in accordance with Section 5.XX.XXX.
F. Maintaining Eligibility. To maintain eligibility in the Self-Certification Program, the owner, or his or her designee, shall, on an annual basis:
1. Annual Self-Inspection. Conduct a self-inspection of all residential rental units on the rental housing property, including exterior conditions and common areas, in accordance with the standards set forth in Section 5.XX.XXX;
2. Self-Certification Checklist. Complete and certify, under penalty of perjury, that the conditions at the rental housing property continue to meet the minimum standards set forth in the Self-Certification Program Checklist;
3. Tenant Copy. Provide a copy of the completed Self-Certification Checklist to the occupants of each residential rental unit within seven (7) days of completion, in accordance with Section 5.XX.XXX; and
4. Recordkeeping. Retain a signed and dated copy of the Self-Certification Checklist for each unit for a minimum of three (3) years and produce such records to the Director within seventy-two (72) hours upon request.
G. Reduced Inspection Frequency. Properties participating in the Self-Certification Program shall be subject to reduced City inspections as follows:
1. The City shall inspect no more than twenty percent (20%) of the total residential rental units on each rental housing property, or at least one (1) residential rental unit per rental housing property, whichever is greater, not more than once every five (5) years.
2. If violations are found during a reduced inspection, the Director may expand the inspection to include additional residential rental units, up to and including one
16 hundred percent (100%) of the residential rental units on the rental housing property.
3. Properties in the Self-Certification Program may be subject to random inspection by the City not more than once per year, without prior notice beyond that required by Section 5.XX.XXX.
H. Removal from Self-Certification Program. A rental housing property may be removed from the Self-Certification Program by the Director under any of the following circumstances:
1. The rental housing property fails to meet the standards of the Self-Certification Checklist;
2. The rental housing property is found to have more than two (2) verified code violations within any twelve (12) month period;
3. The owner fails to maintain required records or produce them upon request; or
4. Any of the eligibility criteria set forth in subsection A cease to exist;
5. The Director determines, based on substantial evidence, that continued participation in the Self-Certification Program is inconsistent with the purposes of this Chapter or poses a risk to the health, safety, or welfare of occupants or the public.
Upon removal from the Self-Certification Program, the owner shall be subject to the mandatory inspection requirements of Section 5.XX.XXX, and the difference between the self-certification fee and the full inspection fee shall become immediately due and payable. The owner shall remain ineligible for the Self-Certification Program for three (3) years from the date of removal, unless the Director determines that the basis for removal has been fully remediated and good cause exists to reinstate eligibility sooner.
I. Limitation on Self-Certification Program. Nothing in this section shall be construed to limit the City’s authority to investigate and compel the abatement of code violation on a rental housing property participating in the Self-Certification Program.
5.XX.XXX Tenant Rights.
A. Pre-Tenancy Disclosures. Before the commencement of any tenancy of a residential rental unit subject to this Chapter, the owner shall provide the prospective tenant with the following:
17 1. Written notice that the residential rental unit is subject to the Rental Housing Safety program and that the tenant has the right to request an inspection by the City;
2. A copy of the most recent inspection report or Self-Certification Checklist for the unit, if available; and
3. Information concerning tenant rights and responsibilities under this Chapter, in a form approved by the Director. The Director shall make this form available in accordance with the requirements of Section 5.XX.XXX.
B. Rights During Inspection. A tenant of a residential rental unit subject to inspection under this Chapter has the following rights:
1. Notice. The tenant is entitled to receive written notice of any scheduled City inspection as provided in Section 5.XX.XXX;
2. Presence. The tenant has the right to be present during any City inspection of their residential rental unit;
3. Communication with Inspector. The tenant has the right to communicate directly with the Inspector during the inspection regarding conditions in the unit, without interference or obstruction by the owner;
4. Interpreter Services. Where a tenant has limited English proficiency, the tenant has the right to request interpreter services from the City in connection with any City inspection conducted pursuant to this chapter, consistent with Section
5.XX.XXX. The City shall make reasonable efforts to provide interpreter services at no cost of the tenant; and
5. Entry Rights.
a. City Inspections. Tenant entry rights with respect to City inspections shall be governed by California Civil Code Section 1954. Upon receipt of proper notice pursuant to Section 5.XX.XXX, the tenant shall provide reasonable access to the residential rental unit for inspections conducted by the City pursuant to this Chapter. A tenant may not refuse entry to a City Inspector conducting an inspection pursuant to a validly issued administrative inspection warrant under California Code of Civil Procedure Sections 1822.50 through 1822.57. Nothing in this Chapter shall otherwise be construed to limit or waive any right afforded to tenants under California Civil Code Section 1954.
18 b. Owner Entry for Self-Certification. A tenant has the right to refuse entry to the owner of the residential rental unit for purposes of a self- certification inspection conducted pursuant to Section 5.XX.XXX. A tenant shall not be in violation of this Chapter for exercising this right.
Where a tenant refuses entry for a self-certification inspection, the following shall apply:
i. The owner shall document the refusal in writing, including the date of the attempted inspection and the method by which entry was requested, and shall submit such documentation to the Director within fourteen (14) days of the refusal, in accordance with Section 5.XX.XXX;
ii. The owner shall not be in violation of this Chapter or lose eligibility in the Self-Certification Program solely as a result of the tenant’s refusal, provided that the owner has complied with the documentation requirement of subsection (i); and
iii. The residential rental unit for which entry was refused shall not be deemed self-certified for that inspection cycle and shall remain subject to City inspection pursuant to Section 5.XX.XXX until such time as the owner is able to conduct the self-certification inspection or the City completes its own inspection of the unit.
C. Rights Following Inspection. Following the completion of any inspection conducted pursuant to this Chapter, a tenant has the following rights:
1. Inspection Results. The tenant is entitled to receive a copy of the written inspection results for their residential rental unit as provided in Section 5.XX.XXX.
2. Self-Certification Checklist. The tenant is entitled to receive a copy of the completed annual Self-Certification Checklist for their residential rental unit as provided in Section 5.XX.XXX; and
3. Complaint. The tenant has the right to file a complaint with the City regarding any building, housing, or sanitation code violation or permit violation that may exist on the rental housing property without fear of retaliation from the owner, consistent with subsection D.
D. Anti-Retaliation.
1. Protected Conduct. It shall be unlawful for an owner to retaliate against a tenant for exercising any right afforded under this Chapter, including but not limited to:
19 a. Filing or threatening to file a complaint with the City regarding conditions on the rental housing property;
b. Requesting an inspection or participating in an inspection conducted pursuant to this Chapter;
c. Communicating with a City Inspector regarding conditions in the residential rental unit;
d. Exercising any other right afforded to the tenant under this Chapter or applicable law.
2. Presumption of Retaliation. The following conduct by an owner shall be presumed retaliatory if it occurs within one hundred eighty (180) days of a tenant exercising any rights under this Chapter:
a. Initiating or threatening eviction proceedings;
b. Increasing rent or reducing services without a lawful basis;
c. Harassing or intimidating the tenant; or
d. Failing or refusing to make repairs identified during an inspection.
The presumption of retaliation established by this subsection is rebuttable. An owner may overcome the presumption by demonstrating, by a preponderance of the evidence, that the action was taken for a legitimate, non-retaliatory reason. Violations of this subsection shall constitute a violation of this Chapter and shall be subject to the enforcement remedies set forth in Section 5.XX.XXX and the collection procedures set forth in Section 5.XX.XXX.
E. Tenant Relocation Assistance.
1. Applicability. This subsection applies where a residential rental unit is determined to be substandard or unfit for human habitation within the meaning of California Health and Safety Code Section 17920.3, as a result of an inspection conducted pursuant to this Chapter, and the owner is required to vacate the unit for purposes of remediation.
2. Owner Obligation. Where the conditions of subsection (1) are met, the owner shall provide the displaced tenant with relocation assistance in accordance with Fairfield Municipal Code Chapter 27, Article XI, and any other applicable state or federal law. The amount and form of relocation assistance shall be established
20 by resolution of the City Council, consistent with applicable state law requirements.
3. Continuity of Tenancy. A tenancy shall not be deemed terminated solely as a result of a temporary displacement order issued pursuant to this Chapter. A tenant’s departure from the residential rental unit prior to authorized occupancy shall be presumed involuntary absent clear and convincing evidence to the contrary.
4. Rent Upon Reoccupancy. Where a tenant is temporarily displaced pursuant to a City order to vacate and subsequently reoccupies the residential rental unit, and rent charged upon reoccupancy shall be subject to the limitations of the Costa- Hawkins Rental Housing Act, codified at California Civil Code Section 1954.50 et seq.
5. Disputes. Any dispute regarding the provision of relocation assistance shall be resolved through the appeals process set forth in Section 5.XX.XXX.
5.XX.XXX Violations; Enforcement.
A. Violations. Any person who violates any provision of this Chapter, or who fails to comply with any order, directive, or condition issued by the Director pursuant to this Chapter, commits a violation subject to the enforcement remedies set forth in this section.
B. Notice of Violation. Upon determining that a violation of this Chapter exists, the Director shall issue a written notice of violation to the owner, in accordance with Section 5.XX.XXX. In addition to the information required by Section 5.XX.XXX, the notice shall identify each violation found and the applicable code section or standard violated.
The owner shall have not less than thirty (30) days from the effective date of the notice to cure all identified violations.
C. Opportunity to Cure. Prior to initiating formal enforcement action, the Director shall provide the owner with a reasonable opportunity to cure any violation identified under this Chapter, consistent with the deadline specified in the notice of violation. The following shall apply:
1. If the Owner cures all violations identified in the notice of violation by the specified deadline, no further enforcement action shall be taken with respect to those violations, provided that no new violations are identified upon reinspection;
21 2. If the owner advises the Director in writing that he or she will not proceed to correct the violation, the Director may immediately pursue any enforcement remedy available under this section without further notice; and
3. For violations involving an immediate life safety hazard, the Director may pursue enforcement remedies under subsection E immediately upon issuance of the notice of violation without providing a cure period, consistent with subsection C.
D. Enforcement Remedies. Upon the expiration of the cure period provided under subsection D, or immediately in cases involving an immediate life safety hazard or an owner’s written refusal to cure, the Director may pursue any one or more of the following remedies:
1. Issue an administrative citation imposing an administrative fine pursuant to Fairfield Municipal Code Chapter 1, Article II;
2. Seek civil penalties in the Superior Court, with each day of continued violation constituting a separate offense;
3. Refer the matter to City Attorney or District Attorney for infraction fine of not more than $1,000 per violation or misdemeanor prosecution for willful violations of this Chapter;
4. Seek injunctive relief in the superior court to compel compliance or restrain any continuing violation;
5. Recommend withholding of building permits, business licenses, or other City approvals until all violations are fully remediated;
6. Pursue any other remedy authorized by this Chapter, the Fairfield Municipal Code, or applicable state or federal law; and
7. Recover reasonable attorney’s fees and costs incurred in connection with any judicial proceeding brought to enforce this Chapter, collect unpaid fees, fines, or penalties, or recover the costs of abatement, from any person found to have violated this Chapter or against whom judgment is entered.
Unpaid fees, fines, and penalties imposed pursuant to this section shall be subject to collection in accordance with Section 5.XX.XXX.
E. Emergency Abatement. Notwithstanding any other provision of this Chapter, where the Director determines that a residential rental unit or rental housing property is imminently dangerous to the public health, safety, or welfare, the City Manager, or his or her designee, may order immediate abatement of the dangerous condition without
22 prior notice to the owner in accordance with Fairfield Municipal Code Chapter 27, Article VIII. The City shall provide written notice to the owner as soon as reasonably practicable following the commencement of emergency abatement, and shall recover the costs of such abatement in accordance with Section 5.XX.XXX.
F. Repeat Violations. Where an owner has been found to have committed two (2) or more verified code violations of this Chapter within any twelve (12) month period, the Director may:
1. Remove the rental housing property from the Self-Certification Program pursuant to Section 5.XX.XXX;
2. Require more frequent inspections of the rental housing property for a period of up to three (3) years; and
3. Impose enhanced administrative fines in an amount established by resolution of the City Council.
5.XX.XXX Collection of Unpaid Fees, Fines, and Penalties.
A. Scope. This section establishes two separate collection tracks depending on the nature of the unpaid obligation:
a. Program Fees. All fees imposed pursuant to Section 5.XX.XXX shall be subject to collection through tax roll procedures set forth in subsection B.
b. Penalties, Fines, and Abatement Costs. Unpaid administrative fines, civil penalties, and abatement costs imposed pursuant to this Chapter shall be subject to collection through the administrative citation and judicial collection procedures set forth in subsections C and D.
B. Tax Roll Collection of Program Fees. Program fees imposed pursuant to Section
5.XX.XXX, including annual registration fees, inspection fees, and self-certification fees, shall be collected on the secured tax roll in conformance with
C. Administrative Citation Process. All administrative fines, civil penalties, and abatement costs imposed pursuant to this Chapter than remain unpaid shall be subject to collection through the administrative citation process established in Fairfield Municipal Code Chapter 1, Article II, including but not limited to the late payment charges, appeals procedures, and hardship waiver provisions set forth therein.
D. Judicial Collection. Any administrative fines, civil penalties, and abatement costs imposed pursuant to this Chapter that remain unpaid following the administrative citation process may be collected through any judicial remedy available to the City,
23 including but not limited to filing an action in small claims court or superior court, as authorized by Fairfield Municipal Code Section 1.12(i) and applicable provisions of the California Code of Civil Procedure.
E. Special Assessments. Nothing in this section shall preclude the City from pursuing any other collection remedy available under state law, including but not limited to the placement of a special assessment on the rental housing property in accordance with Fairfield Municipal Code Chapter 27, Article IX.
F. Remedies Cumulative. The remedies provided in this section are cumulative and not exclusive of any other remedy available under this Chapter, this Code, or any applicable state or federal law. The City’s election to pursue any one remedy shall not preclude the simultaneous or subsequent pursuit of any other remedy.
G. Attorney’s Fees. Attorney’s fees and costs awarded to the City pursuant to Section
5.XX.XXX subsection (D)(7) shall be collectible through the judicial collection procedures set forth in subsection B and, upon entry of judgment, shall be subject to recordation as a judgment lien in accordance with subsection C.
5.XX.XXX Appeals.
A. Right to Appeal. Any owner may appeal a determination made by the Director or Inspector under this Chapter by filing a written appeal with the City within fourteen (14) days of the date of the determination. Failure to file a timely appeal shall constitute a waiver of the right to contest the determination, and the determination shall be final and binding.
B. Form of Appeal. All appeals shall be filed on a form furnished by the City and shall specify in detail the grounds for the appeal, including the specific determination being challenged and the reasons why the appellant believes the determination is erroneous.
The appeal shall be accompanied by any required deposit, hearing cost, or approved hardship waiver in accordance with Fairfield Municipal Code Section 1.15.
C. Hearing Examiner.
1. Appointment. The City Manager shall appoint a hearing examiner to conduct hearings under this section. A hearing examiner may be a City employee or a contracted third party, provided that the hearing examiner has no prior involvement in the determination being appealed.
2. Scheduling and Notice. Upon receipt of a complete appeal, the hearing examiner shall fix a time, date, and location for the hearing. The City shall provide the appellant with at least fourteen (14) days’ written notice of the hearing, in accordance with Section 5.XX.XXX.
24 3. Conduct of Hearing. At the hearing, the hearing examiner shall hear and consider all relevant evidence, objections, and protests offered by the appellant and any rebuttal evidence offered by the City. The hearing examiner shall follow, as nearly as practicable, the procedures that the City Council would have followed if it had conducted the hearing.
4. Interpreter Services. Any party to a hearing under this Section who has limited English proficiency may request interpreter services from the City. The City shall make reasonable efforts to provide interpreter services at no cost to the requesting party, consistent with Section 5.XX.XXX.
5. Recommendation. Upon conclusion of the hearing, the hearing examiner shall make a written recommendation to the City Council within thirty (30) days of the close of the hearing, which shall include factual findings based on the evidence introduced at the hearing. The hearing examiner may extend this deadline by no more than fifteen (15) additional days upon written notice to the appellant and the City, stating the reason for the extension.
D. City Council Review.
1. Action on Recommendation. Upon receipt of the hearing examiner’s recommendation, the City Council shall take one of the following actions:
a. Approve. Adopt the hearing examiner’s recommendation, which shall constitute the final determination of the City; or
b. Deny or Remand. Reject or modify the recommendation and remand the matter to the hearing examiner with written direction specifying the basis for remand and any issues to be addressed on remand.
2. Remand Procedure. Upon remand, the hearing examiner shall conduct such further proceedings as directed by the City Council and shall issue a revised written recommendation within thirty (30) days of receipt of the remand. The City Council shall thereafter take action in accordance with Subsection D.1.
3. Final Determination. The City Council’s decision to approve a recommendation under Subsection D.1.a shall be final and not subject to further administrative review.
E. Technical Building Code Appeals. Appeals of technical building or fire code decisions made by the Chief Building Official in connection with this Chapter shall be processed in accordance with the appeals procedures set forth in Fairfield Municipal Code Section X.XX.XXX, including but not limited to the procedures governing the Building Appeals
25 Board. Nothing in this section shall be construed to modify or supersede those existing procedures.
F. Judicial Review. The right to judicial review of any final determination under this section shall be governed by Fairfield Municipal Code Chapter 1.18 and applicable provisions of the California Code of Civil Procedure.
5.XX.XXX Severability. If any provision of this Chapter or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the validity of the remaining provisions or their application and, to this end, the provision s of this Chapter are severable.