ORDINANCE NO. __
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF MERCED, CALIFORNIA, ADDING
CHAPTER 8.52 "RENTAL HOUSING
MAINTENANCE AND INSPECTION CODE," TO
THE MERCED MUNICIPAL CODE
ESTABLISHING A RENTAL HOUSING
MAINTENANCE AND INSPECTION PROGRAM
THE CITY COUNCIL OF THE CITY OF MERCED DOES ORDAIN
AS FOLLOWS:
SECTION 1. ADDITION TO CODE. Chapter 8.52, "Rental Housing Maintenance and Inspection Code," is hereby added to the Merced Municipal Code to read as follows:
"8.52
RENTAL HOUSING MAINTENANCE AND
INSPECTION CODE
Section:
8.52.010
8.52.020
8.52.030
8.52.040
8.52.045
8.52.050
8.52.060
8.52.070
8.52.080
8.52.090
8.52.100
8.52.110
8.52.120
8.52.130
8.52.140
8.52.150
8.52.160
8.52.170
Title.
Purpose and Findings.
Definitions.
Exemptions.
Applicability.
Fees Established.
Registration and Fee Required.
Local Contact Representative.
Inspections Required.
Notice of Inspection.
Rescheduling an Inspection.
Entry.
Noncompliance.
Inspection Results.
Non-exclusivity.
Self-Certification Program.
Penalties.
Tenant Protections.
X:\Ordinances\2020\Inspection Services\Rental Housing Inspections Code\(Amended) Establishing Program~ FINAL.docx 1 8.52.180
8.52.190
8.52.200
8.52.210
8.52.220
8.52.230
8.52.240
8.52.010
Collection - Unpaid Fees, Costs or
Charges.
Collection - Notice of Proposed
Lien and Hearing.
Collection - Objections.
Collection - Failure to Object.
Collection - Report to Building and
Housing Board of Appeals, Notice.
Collection - Hearing Before the
Building and Housing Board of
Appeals.
Collection - City Council.
Title.
This Chapter shall be known as the 'Rental
Housing Maintenance and Inspection Code,' may
be cited as such, and will be referred to herein as
'this Chapter'.
8.52.020 Purpose and Findings.
A. The City Council of the City ofMerced recognizes
that the maintenance and preservation of existing rental housing stock is of tremendous importance. Rental
housing provides needed affordable housing for many
and is a valuable asset that must be preserved and
maintained. The City has a significant interest in
ensuring that rental housing remains a desirable housing option for its citizens.
B. Over time rental housing often deteriorates
because of intentional and/or unintentional neglect by
property owners, managers, and tenants. This
deterioration often results in substandard conditions that adversely affect the economic value of neighboring
structures and are hazardous to the public health and
safety. In many cases, property owners choose not to
make the necessary repairs because of cost and tenants do X:\Ordinances\2020\Inspection Services\Rental Housing Inspections Code\(Amended) Establishing Program - FINAL.docx 2 not report the deficiencies out of lack of knowledge or because they fear being evicted for doing so.
C. The public interest demands that all rental housing
properties comply with the minimum habitability and
maintenance standards for the health and safety of the
public. The most effective way to seek universal
compliance with the minimum standards is through
routine periodic inspections of all rental housing
properties. Accordingly, it is the intent of the Merced City Council in enacting the provisions of this Chapter to establish minimum standards for a rental housing
maintenance and inspection program aimed at securing
city-wide habitability and maintenance compliance of
rental housing properties. City-wide compliance will
prevent blight and ensure that all persons who live in
rental housing units are provided decent, safe and
sanitary housing.
8.52.030 Definitions.
For the purpose of this Chapter, the following terms,
phrases and words shall have the meanings given.
A. 'Common areas' means the areas in a rental
housing building that are accessible to all occupants of the property including, but not limited to, lobbies,
laundry rooms, recreation areas, common kitchens,
hallways, stairs, courtyards, light wells, garbage areas, boiler rooms, storage rooms, basements, roof areas, or
parking garages or areas.
B. 'Director' means the Fire Chief, or designee, who
is authorized by the City Manager to supervise the Rental Housing Maintenance and Inspection Program.
C. 'Engage in the business of rental housing' means
renting or offering to rent a rental housing unit.
X:\Ordinances\2020\Inspection Services\Rental Housing Inspections Code\(Amended) Establishing Program~ FINAL,docx 3 D. 'Enforcement Officer' means any employee of the
City authorized by the City Manager to conduct
inspections and enforcement in accordance with the
provisions of this Chapter.
E. 'Owner' means person, persons, corporation,
partnership, limited liability company, or any other entity holding fee title to the subject real property.
F. 'Rent' means to grant the possession or enjoyment
of, in exchange for money or any other consideration.
G. 'Rental Housing Inspection Division' means the
department or division of the City designated by the City Manager to administer the provisions of this Chapter.
H. 'Rental Housing Property' means a parcel of real
property, as shown on the latest equalized tax assessment roll as maintained by the assessor of the County of
Merced, upon which a rental housing unit is maintained.
I. 'Rental Housing Unit' means a single unit
providing living facilities for one or more persons, that is being rented, or is intended to be rented. Examples of
housing units covered by this Chapter include apartment units, condominiums, duplexes and single-family houses. 'Rental Housing Unit' also includes other types of
residential units that provide for sleeping
accommodation, but toileting or cooking facilities are
shared by occupants of more than one unit, such as single rooms located in non-transient residential rental housing property. This does not include units used for transient lodging such as dormitories, group homes, rooming or
boarding houses, hotels, motels, and bed and breakfast
inns.
8.52.040 Exemptions.
A. Unless otherwise specified in this Section, the
following Rental Housing Units shall be exempt from the requirements of this Chapter:
X:\Ordinances\2020\Inspection Services\Rental Housing Inspections Code\(Amended) Establishing Program - FINAL.docx 4 1. Rental Housing Units that are subject to
routine periodic inspections by another
government agency, and the frequency and scope
of the inspections are to the satisfaction of the
Director; or
2. Rental Housing Units that, within the past
five (5) years, have been newly constructed and
either have been issued a certificate of occupancy
or have passed final inspection by the City. For
purposes of this Chapter, a unit has been newly
constructed if the City determines that fifty (50)
percent or more of the building has been
constructed or replaced within a one (1) year
period. The determination of whether the
construction or replacement is at least fifty (50)
percent may be based on the linear length of all
existing walls, square footage of the building,
percentage of altered construction, actual
construction valuation, or any combination of
these factors.
B. A Rental Housing Unit that is determined to be
exempt pursuant to subsection A of this Section, shall
become subject to the requirements of this Chapter if a notice and order relating to the rental housing property is issued pursuant to the provisions of this Code.
8.52.045 Applicability.
Nothing in this Chapter shall limit or prohibit the
authority of City officers or employees from enforcing
any other provision of the Merced Municipal Code
(hereinafter "this Code") or any state or federal law under their jurisdiction.
8.52.050 Fees Established.
A. The following fees are established and shall be
imposed upon the Owner of rental housing properties:
X:\Ordinances\2020\lnspection Services\Rental Housing Inspections Code\(Amended) Establishing Program - FINAL.docx 5 1. Rental Housing Maintenance and Inspection
Program Fee. A fee is established for the
administration and implementation of the
provisions of this Chapter, i.e., the Rental Housing
Maintenance and Inspection Program. This fee
shall be imposed annually for each rental housing
unit on the Owner's property. The fee shall also
pay for the costs of all random inspections
conducted pursuant to Section 8.52.l 50(H).
2. Unit Inspection Fee. This fee shall be
imposed for each Rental Housing Unit on the
Owner's property that is subject to inspection
pursuant to subsection A and B of
Section 8.52.080.
3. Additional Unit Inspection Fee. This fee
shall be imposed when an additional unit is
inspected on the Owner's property pursuant to
subsection B of Section 8.52.080. The fee shall
pay for the costs of an inspection of each
additional unit.
4. Rescheduling Fee. This fee shall be
imposed when an inspection is rescheduled in
violation of Section 8.52.100. The fee shall pay for
the costs of rescheduling an inspection.
5. Reinspection Fee. This fee shall be imposed
when an additional periodic inspection is
conducted pursuant to Section 8.52.120. The fee
shall pay for the costs of the additional periodic
inspection.
6. Self-Certification Fee. This fee shall be
imposed annually for each Rental Housing Unit on
the Owner's property that is subject to the self
certification program as provided under Section
8.52.150.
X:\Ordinances\2020\Inspection Services\Rental Housing Inspections Code\(Amended) Establishing Program M FINAL.docx 6 B. The City Council shall establish the amounts
of the foregoing fees and any penalties for delinquent
payment of such fees, by resolution.
8.52.060 Registration and Fee Required.
A. No person shall engage in the business of rental
housing, unless:
1. Each Rental Housing Unit is registered with
the City; and
2. The annual rental housing inspection
program fee is paid for each Rental Housing Unit
when payment is due.
B. A Rental Housing Unit is registered with the City
when the Owner of the corresponding Rental Housing
Property submits the following to the Rental Housing
Inspection Division:
1. A completed registration form, made
available by the City, that contains the following
information:
(a) Description of the Rental Housing
Property, including, but not limited to, the
street address and assessor's parcel number;
(b) Number and description of all Rental
Housing Units on the Rental Housing
Property;
( c) Name and current contact information
for the Owner of the Rental Housing
Property;
(d) Name and current contact information
for the local contact representative as
described in Section 8.52.070; and,
X:\Ordinances\2020\lnspection Services\Rental Housing Inspections Code\(Amended) Establishing Program - FINAL.docx 7 ( e) Any other information as reasonably
required by the Director.
2. The annual rental housing inspection
program fee as described in Section
8.52.050(A)(l );
3. The unit inspection fee, pursuant to
Section 8.52.050(A)(2) or the self-certification
program fee pursuant to Section 8.52.150; and,
4. Any outstanding fees that were previously
imposed pursuant to this Chapter.
C. Effective November 1, 2021, the registration
requirement established by this Section shall go into
effect. Initial registration of Rental Housing Units is due within thirty (30) days ofNovember 1, 2021. After the
initial registration, the Owner shall register each housing unit annually within thirty (30) days of July 1, or a
change of ownership.
D. It is unlawful for any person to knowingly make a
false statement of fact or knowingly omit any
information that is required to register a Rental Housing Unit pursuant to this Chapter.
8.52.070 Local Contract Representative.
A. All Owners of Rental Housing Properties shall
designate a local contact representative with full
authority to act on behalf of the Owner for all purposes under this Chapter, including the acceptance of service of all notices from the City. The Owner of the Rental
Housing Property may act as the local contact
representative.
B. A local contact representative must establish and
maintain a local telephone number and a residence or
X:\Ordinances\2020\Inspection Seivices\Rental Housing Inspections Code\(Amended) Establishing Program - FINAL.docx 8 business address within sixty (60) miles of Merced city hall.
8.52.080 Inspections Required.
A. All Rental Housing Properties and Rental
Housing Units are subject to routine periodic
inspection by the City as provided by this Chapter
to determine whether they comply with applicable
provisions of this Code.
B. If there are multiple Rental Housing Units on a
single Rental Housing Property, the inspection shall be made of all common areas, and a random sampling of no
less than ten (10) percent of Rental Housing Units. At
least one Rental Housing Unit on each Rental Housing
Property shall be inspected. If the Enforcement Officer determines that one or more violations exist on the
property, the Enforcement Officer may conduct an
inspection of additional units up to one hundred (100)
percent of the units.
C. The Owner or local contact representative, or
his/her designee, shall be present at the Rental Housing Property at the time of the inspection. The time of the inspection shall be the time indicated in the notice issued pursuant to Section 8.52.090, or the time that the
inspection was properly rescheduled in accordance with
Section 8.52.100. Violation of this subsection may result in the imposition of a re-scheduling fee.
D. Frequency of Inspections. All rental housing
properties shall be inspected initially, within one (1) year of registration. Single-family residences and duplexes
shall be inspected no less than every two (2) years
thereafter. Multi-family units of three (3) or more Rental Housing Units on Rental Housing Property shall be
inspected within the random sampling of no less than ten (10) percent annually and remaining units shall be
eligible for inspection in following years. Rental Housing X:\Ordinances\2020\Inspection Services\Rental Housing Inspections Code\(Amended) Establishing Program - FINAL.docx 9 Units on Rental Housing Properties not included in the random sampling often (10) percent inspection may be
inspected more frequently if the Director determines the property poses a risk of harm to its tenants based on the following factors:
1. The current condition of the premises,
including the number, nature and severity of
violations found;
2. Whether, within the two (2) prior years:
(a) An Enforcement Officer has found
violations on the property;
(b) The Owner or manager of the
property has other properties found in
violation of this Code;
( c) Delinquent fees have been assessed
on the property;
( d) The Owner is delinquent in paying
property taxes or utility bills; or
3. Other criteria determined by the Director
that indicate the presence of health and safety
violations.
8.52.090 Notice of Inspection.
A. The City shall serve written notice of the date
and time of any inspection to be conducted
pursuant to this Chapter, by mailing such notice at
least fourteen (14) calendar days prior to the date of
the inspection. Notice shall be mailed to the Owner
and the local contact representative, if different
than the Owner, at his/her last known address. In
the case of multiple owners of the same property,
X:\Ordinances\2020\lnspection Services\Rental Housing Inspections Code\(Amended) Establishing Program - FINAL.docx 10 notice to any one of the property owners is
sufficient notice.
B. The City shall also mail a copy of the inspection
notice to the Rental Housing Units on the property.
8.52.100 Rescheduling an Inspection.
An inspection may be rescheduled once by the Owner or
local contact representative by giving notice to the Rental Housing Inspection Division at least seven (7) calendar days prior to the scheduled inspection date. An
inspection may only be rescheduled to a date within
twenty-one (21) calendar days of the previously
scheduled inspection date. Rescheduling an inspection
more than once or with less than seven (7) calendar days' notice may result in the imposition of a rescheduling fee.
8.52.110 Entry.
A. The Owner or local contact representative shall
provide the Enforcement Officer with access to all
common areas and vacant units on the Rental Housing
Property.
B. The Owner or local contact representative is
responsible for obtaining the consent of the tenant of the Rental Housing Unit for the Enforcement Officer's entry to inspect the unit. If the Owner or tenant does not
consent to the entry for inspection, the Director is
authorized to seek an inspection warrant from a court of competent jurisdiction. If a tenant or occupant of a
Rental Housing Unit refuses to allow the inspection, the Owner is not in violation of this Section.
C. If the Enforcement Officer has reasonable cause to
believe that the Rental Housing Unit is so hazardous,
unsafe, or dangerous as to require immediate inspection to safeguard the public health or safety, the Enforcement Officer shall have the right to immediately enter and
X:\Ordinances\2020\lnspection Services\Rental Housing Inspections Code\(Amended) Establishing Program - FINAL.docx 11 inspect the premises and may use any reasonable means required to effect the entry and make an inspection.
8.52.120 Noncompliance.
A. If, during an inspection conducted pursuant
to this Chapter, an Enforcement Officer discovers
that the property is in violation of this Code or any
other applicable law and the Owner fails to correct
the identified violations within thirty (30) days of
the inspection, the City may require an additional
periodic inspection of the property in accordance
with this Chapter, to ensure continued compliance.
A re-inspection fee shall be imposed for the
additional periodic inspection required pursuant to
this subsection.
B. In addition to requiring an additional periodic
inspection pursuant to subsection A of this Section, the City may commence enforcement action in accordance
with any provision of this Code.
8.52.130 Inspection Results.
A. If the Enforcement Officer finds no code
violations, the Enforcement Officer shall issue a
notice of compliance that the property is in
compliance with all applicable laws. The
Enforcement Officer shall mail the notice to the
occupants of each Rental Housing Unit, the Owner,
and the local contact representative, if different
than the Owner, to the addresses provided on the
registration application as described in Section
8.52.060. Rental Housing Unit occupant(s) will be
notified of compliance. A Rental Housing Unit will
not be cleared as passed until all fees, penalties, or
charges, including late charges or interest, incurred
under this Chapter are collected.
X:\Ordinances\2020\Inspection Services\Rental Housing Inspections Code\(Amended) Establishing Program - FINAL.docx 12 B. If upon inspection, the Enforcement Officer
discovers one or more violations of this Code and
any other applicable law, the Director shall cause to
be issued a notice and order to the occupants of
each Rental Housing Unit, the Owner and local
contact representative, if different than the Owner,
to correct the violations. The order shall state the
violations of law found and the sections of law with
which the property is not in compliance. The order
shall also state that failure to correct the violations may result in additional inspection fees under
Section 8.52.050 and other enforcement actions.
The Director shall mail the notice and order to the
occupants of each Rental Housing Unit, the Owner
and the local contact representative, if different
than the Owner, to the addresses provided on the
registration application, as described in Section
8.52.060.
C. If the Director determines that the conditions
pose a present, imminent, extreme and immediate
hazard to health or safety, s/he shall order
abatement of the conditions within forty-eight (48)
hours. At this point the Rental Housing Property
and subsequent Rental Housing Unit will be
referred to Code Enforcement. The Rental Housing
Property owner shall be responsible for the cost
incurred by the City.
D. Except as provided in subsection C, the
Director shall specify a reasonable time period for
correction of the violations, depending on the
severity of the condition, between forty-eight (48)
hours and thirty (30) days from receipt of the order
to correct the violations and schedule a re
inspection of the property. The City shall impose a
fee for the additional inspection required under this
subsection. The City may also commence any
enforcement action as provided in this Code.
X:\Ordinances\2020\Inspection Services\Rental Housing Inspections Code\(Amended) Establishing Program - FINAL.docx 13 E. Except for conditions specified in Subsection
C, if the violation has not been corrected by the
compliance date, but the Owner has made
significant progress in correcting the violation since
the prior inspection, the Director may grant a single
extension of time not to exceed ninety (90) days. In
determining whether to grant the extension of time,
the Director shall consider the factors listed in
8.52.080(D).
8.52.140 Non-exclusivity.
None of the inspection provisions contained in this
chapter shall prohibit, condition or otherwise limit any inspection conducted pursuant to any other provision of this Code or other applicable law.
8.52.150 Self-Certification Program.
A. Qualifications. A Rental Housing Property
may be placed in the self-certification program, at
the request of the Owner, if all of the following
circumstances exist:
1. After the initial or last inspection
conducted pursuant to this Chapter, the
Enforcement Officer determines that either
no violations exist on the property or the
violations identified were abated within thirty
(30) days;
2. The Owner and local contact
representative are in compliance with all
applicable provisions of this Chapter; and,
3. The Owner is not delinquent on any
payment to the City of fees, penalties, taxes
or any other monies related to the property.
X:\Ordinances\2020\Inspection Services\Rental Housing Inspections Code\(Amended) Establishing Program - FINAL.docx 14 B. Removal. A Rental Housing Property may
be removed from the self-certification program if
any of the following circumstances occurs:
1. A notice and order relating to the
Rental Housing Property is issued pursuant
to the provisions of this Code or any other
applicable law;
2. The Rental Housing Property is
repeatedly in violation of this Code or any
other applicable law, even though the
violations are abated within thirty (30) days;
or,
3. Any of the circumstances set forth in
subsection A of this Section cease to exist.
C. Self-Certification. Owners of Rental
Housing Properties that are in the self-certification
program, or their designees, shall certify each and
every Rental Housing Unit on the property at least
once every calendar year and upon each change in
tenancy. Self-certification shall be accomplished in
the manner set forth below:
1. Inspect each Rental Housing Unit for
compliance with the requirements of the self
certification form provided by the City;
2. Immediately make any repairs to the
Rental Housing Unit that are necessary to
achieve compliance with the requirements set
forth in the self-certification form;
3. Complete the self-certification form;
and,
X:\Ordinances\2020\Inspection Services\Rental Housing Inspections Code\(Amended) Establishing Program - FINAL,docx 15 4. Provide a copy of the completed self-
certification form to the occupants of the
corresponding Rental Housing Unit.
5. Remit, to the City, the self-
certification fee for each Rental Housing
Unit on the Owner's property within thirty
(30) days of completion of each annual
compliance inspection form.
D. If any Rental Housing Unit cannot be self
certified because necessary repairs cannot or will
not be made, the Owner shall immediately notify
the City.
E. It shall be unlawful to falsify any material
information required on the self-certification form.
F. The property's Owner or local contact
representative shall retain all completed self
certification forms for at least three (3) years from
the date the inspection was made.
G. The Owner or local contact representative shall
produce all completed self-certification forms to any
Enforcement Officer upon request.
H. Rental Housing Properties in the self-certification
program, and the Rental Housing Units thereon, may be
inspected by the City on a random basis, but not more
often than once a year, ifno violations are found to exist.
8.52.160 Penalties.
A. If, after re-inspection of the property, pursuant to this Code, the Owner fails to correct the conditions in violation of the law, the City may seek compliance by
any remedy allowed under this Code or any other federal, state, or local law.
X:\Ordinances\2020\Inspection Services\Rental Housing Inspections Code\(Amended) Establishing Program - FINAL.docx 16 B. Any person who violates a provision of this
Chapter shall be guilty of a misdemeanor.
C. Any person or entity that violates a provision of
this Chapter shall be liable for an administrative penalty ofup to $1,000.00 for each day the violation is
committed or permitted to continue. The administrative
penalty shall be assessed for each Rental Housing Unit.
Administrative penalties authorized by this Section shall be assessed, enforced, and collected in accordance with this Code.
D. Any person who violates any of the provisions of
this Section shall be subject to an administrative penalty set forth in the schedule of fees and penalties established by resolution of the City Council. Administrative
penalties authorized by this Section shall be assessed, enforced, and collected in accordance with this Code.
E. The City may collect any judgment, fee, cost,
penalty, fine, or charge, including fees, late charges, or interest, incurred under this Chapter that has not been paid within forty-five (45) days of notice thereof, as
provided under this Code. Any Owner who fails to pay
any judgment fee, cost, penalty, fine, or charge, will be subject to the placement of a lien against the Rental
Housing Property that is the subject of the fees, costs, penalty, fine or charges.
F. The remedies provided in this Chapter shall be
cumulative and not exclusive of any other remedies
available under federal, state or local laws.
8.52.170 Tenant Protections.
A. Retaliatory Eviction. It shall be unlawful for an
Owner to recover possession of a Rental Housing Unit in retaliation for a tenant exercising his or her right to file a complaint with the City advising that a building, housing, X:\Ordinances\2020\Inspection Setvices\Rental Housing Inspections Code\(Amended) Establishing Program - FINAL.docx 17 sanitation code or ordinance violation or permit violation may exist on the property.
B. Rent Increase or Other Retaliatory Actions. If a
notice and order is made under Section 8.52.130, the
Owner shall not:
1. Increase the rent for the existing tenants of
any rental housing unit that is the subject of the
order from the date of the order to a period of
one ( 1) year after the Director determines that the
Owner has complied with the order; or
2. Engage in other types of retaliatory conduct,
including, but not limited to, depriving the tenants
of use of the premises, decreasing services, or
otherwise interfering with the tenants' rights under
the lease.
C. Relocation Costs. If the Director finds it is
necessary to vacate any Rental Housing Unit because of
an unsafe or unsanitary condition, or to correct any
violations, the relocation costs and expenses of any
tenant shall be the responsibility of the Owner.
8.52.180 Collection - Unpaid Fees, Costs or
Charges.
A. In addition to any other remedy provided by
law, the City may collect any fee, cost, penalty,
fine, or charge imposed pursuant to this Chapter
that has not been paid within forty-five ( 45) days of
notice thereof, by making the amount of the unpaid
fee, cost, penalty, fine, or charge a lien against the
Rental Housing Property that is the subject of the
fees, costs or charges.
B. The Building and Housing Board of Appeals shall
hear all objections to proposed liens, as described in this Chapter.
X:\Ordinances\2020\Inspection Services\Rental Housing Inspections Code\(Amended) Establishing Program - FINAL.docx 18 8.52.190 Collection - Notice of Proposed Lien and
Hearing.
A. The City shall provide the Owner of the
property with written notice in plain language of:
1. The proposed lien;
2. A description of the basis for the
amounts comprising the lien;
3. The Owner's opportunity to pay the
fee, cost, penalty, fine, or charge within
forty-five (45) days after the mailing of the
notice;
4. The Owner's opportunity to appear
before the Building and Housing Board of
Appeals and be heard regarding the amount
of the proposed lien; and
5. The procedure for challenging the
amount of the proposed lien as set forth in
Section 8.52.200.
B. The notice shall be mailed by certified mail to the
last known address of the Owner of the property.
8.52.200 Collection - Objections.
To challenge the amount of the proposed lien, the Owner must file an objection with the Building Official within ten (10) calendar days from the mailing of the notice. No objection received after that date shall be considered.
Each written objection must contain a description of the property that is the subject of the proposed lien and the grounds of the objection.
8.52.210 Collection - Failure to Object.
X;\Ordinances\2020\lnspection SetVices\RentaJ Housing Inspections Code\(Amended) Establishing Program~ FINAL,docx 19 The failure of the Owner to file an objection in
accordance with Section 8.52.200 shall constitute a
waiver of the Owner's opportunity to challenge the
amount of the proposed lien. Ifno objection is properly filed, the Director shall transmit a report of the proposed lien to the City Council.
8.52.220 Collection - Report to the Building and
Housing Board of Appeals, Notice.
A. If any objection is timely filed with the
Building Official, the Director shall transmit a
report of the proposed lien and the objections
thereto to the Building and Housing Board of
Appeals.
B. Upon receipt of the report, the Secretary to the
Building and Housing Board of Appeals shall fix a time, date and place for hearing the report, and any objections thereto. The Director shall cause notice of the hearing to be mailed by certified mail to the last known address of the Owner at least thirty (30) days prior to the date set for the hearing.
8.52.230 Collection - Hearing Before the Building
and Housing Board of Appeals.
Upon considering the report of the proposed lien and the objections thereto, the Building and Housing Board of
Appeals shall follow, as nearly as practicable, those
procedures that the City Council would have followed if it had conducted the hearing. The Building and Housing
Board of Appeals shall make a written recommendation
to the City Council which shall include the factual
findings based on evidence introduced at the hearing.
8.52.240 Collection - City Council.
A. Upon receipt of a report of a proposed lien in
accordance with this Chapter, the City Council shall
X:\Ordinances\2020\lnspection Services\Rental Housing Inspections Code\(Amended) Establishing Program --FINAL.docx 20 determine whether the proposed lien shall become a
lien, and whether the amount of the lien is to be
collected at the same time and in the same manner
as property taxes are collected.
B. In cases in which a hearing before the
Building and Housing Board of Appeals has been
held, the City Council shall adopt the
recommendation of the Building and Housing
Board of Appeals without a hearing or set the
matter for a de novo hearing before the City
Council. Notice of the de novo hearing shall be
provided to the Owner in writing, at least ten (10)
days in advance of the scheduled hearing.
C. If the City Council determines that the
proposed lien shall become a lien, the City Council
may also cause a notice of lien to be recorded. This
lien shall attach upon recordation in the office of
the Merced County Recorder and shall have the
same force, priority, and effect as a special
assessment lien. The notice of lien shall, at a
minimum, identify the record owner or possessor,
set forth the date upon which the lien was created
against the property, and include a description of
the real property subject to the lien and the amount
of the lien.
D. If the City Council determines that the amount of
the lien is to be collected at the same time and in the same manner as property taxes are collected, all laws
applicable to the levy, collection, and enforcement of ad valorem taxes shall be applicable to the proposed lien, except that if any real property to which the lien would attach has been transferred or conveyed to a bona fide
purchaser for value, or if a lien of a bona fide
encumbrancer for value has been created and attached
thereon, prior to the date on which the first installment of taxes would become delinquent, then the lien that would otherwise be imposed by this section shall not attach to X:\Ordinances\2020\Inspection Services\Rental Housing Inspections Code\(Amended) Establishing Program - FINAL.docx 21 real property and the costs of enforcement relating to the property shall be transferred to the unsecured roll for collection."
SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after its adoption.
SECTION 3. SEVERABILITY. If any section, subsection,
subdivision, sentence, clause, phrase, or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 4. PUBLICATION. The City Clerk is directed to cause a summary of this Ordinance to be published in the official newspaper at least once within fifteen (15) days after its adoption showing the vote thereon.
The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Merced on the __ day of ____ ~ 2021, and was passed and adopted at a regular meeting of said City Council held on the __ day of ____ ~ 2021, by the following called vote:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
X:\Ordinances\2020\Inspection Services\Rental Housing Inspections Code\(Amended) Establishing Program - FINAL.docx 22 APPROVED:
Mayor
ATTEST:
STEPHANIE R. DIETZ, CITY CLERK
BY: ---------------Assistant/Deputy City Clerk
(SEAL)
APPROVED AS TO FORM:
Date
X:\Ordinances\2020\lnspection Services\Rental Housing Inspections Code\(Amended) Establishing Program - FINAL.docx 23