Residential Health and Safety Program:
Reintroduction and Proposed Ordinance
Amendment
CITY OF SAN PABLO
CITY COUNCIL MEETING OF DECEMBER 20, 2021
RH&S Reintroduction and
Proposed Ordinance Amendment
INTRODUCTION – What is the RH&S program?
The City enacted a Residential Health and Safety (RH&S) Ordinance in 1986 and amended the Ordinance in 1992, 2001, 2004, and 2006. This program establishes the procedures for the inspection of all residential rental units including extended stay hotels and motels, and for inspection of all dwellings sold within the San Pablo city limits.
The program ensures that the City's residential units comply with existing state and local building, electrical, fire and plumbing code standards, to ensure the structures are safe for occupancy, and that the housing stock is maintained to acceptable standards.
The program has two components:
1. Resale Inspections. The resale inspections are performed when the properties are being sold to ensure safety for the future residents.
2. Rental inspections. The rental inspections are performed on all non-owner occupied residential units periodically depending on the duration of the compliance certificate to ensure that the structures comply with the minimum requirements of the California Health and Safety Code.
RH&S Reintroduction and
Proposed Ordinance Amendment
PURPOSE – What is the purpose?
The purpose of the program is to enhance the quality of living for San Pablo residents by inspecting residential buildings or portions thereof or the premises on which the same are located, to eliminate conditions that endanger the life, limb, health, property, safety, or welfare of the public or the occupants thereof and to preserve the structures in a structurally sound condition.
RH&S Reintroduction and
Proposed Ordinance Amendment
Housing Occupancy in San Pablo
Total housing units 9,571 100.0%
Owner-occupied housing units 3,646 38.1%
Renter-occupied housing units 5,925 61.9%
RH&S Reintroduction and
Proposed Ordinance Amendment
BACKGROUND & TIMING
In March 2020, the City Manager serving as the Director of Emergency Services of the City of San Pablo and observing the orders from the Contra Costa Health Officer suspended the Residential Health and Safety Program (RH&S) to protect the residents and employees from exposure to the Covid-19 virus.
With the current availability of the vaccine and the large percentage of the population and staff being vaccinated, the tentative expected date to restart the RH&S program is January 2022. The restart of the program will bring many challenges to the City due to the overall lack of maintenance of the properties deferred due to Covid-19, expiration and lack of certificates of compliance for many of the properties, and an increase in overall unpermitted work activities. However, the benefits outweigh the expected challenges and the Community Development Department is looking forward to resuming the efforts to help make San Pablo a great place to live, work and play for our residents.
RH&S Reintroduction and
Proposed Ordinance Amendment
ORDINANCE UPDATE
Upon review of the provisions of the code and to respect the due process regarding the right of entry, it has been determined that further amendments to the ordinance should be made to clarify timelines, amend the appeal process, create a board of appeals for building code matters, and to include other requirements not currently part of the Residential Health and Safety Program.
The changes to the ordinance are amendments to Chapter 15.52 of the San Pablo Municipal Code regarding health and safety inspections of residential property; Chapter 8.02 regarding property maintenance and abatement of nuisances; and Chapter 15.04.020 regarding building code board of appeals.
RH&S Reintroduction and
Proposed Ordinance Amendment
SUMMARY OF ORDINANCE CHANGES
Wording changes throughout the Code for clarification. Addition to/clarification of definitions for inspector, representative, extended stay References the demerit points system for the duration of the Certificates of Compliance.
Adds language on the need for an administrative warrant when entry is refused. Clarifies appeals language and procedure for Building Code Violations versus Non- Building Code Violations
Amends Chapter 8.02. in its entirety to further clarify and improve appeal process. Amends Section 15.04.020 to add “Building Board of Appeals” language and procedure
RH&S Reintroduction and
Proposed Ordinance Amendments
COMPLIANCE WITH THE COUNCIL’S PRIORITY PLAN
By updating the Ordinance and clarifying the requirements for San Pablo residents and real estate businesses, the proposed Ordinance would help to promote the City Council Major Policy Goal to Build a Healthy Community, Priority 111, to facilitate additional inspections and enhance the quality of life for San Pablo residents under the adopted FY 2021-23 Council Priority Work Plan, most recently adopted/effective on March 15, 2021.
ENVIRONMENTAL DOCUMENTATION
This ordinance is not a project under CEQA pursuant to CEQA Guidelines Section 15378(b)(5): Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
CONCLUSION
Updates the San Pablo Municipal Code clarifying the right of entry due process, establishing a board appeals and appeals procedure. Assists in the use and administration of the Code Chapters Consistent with the purposes of the Municipal Code Chapters to be amended and Council Goals for offering additional inspections to enhance the quality of life for San Pablo residents.
RECOMMENDATION
Waive first reading; introduce Ordinance
QUESTIONS?