| Exemptions |
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Self-certified units can leave the ordinary City inspection cycle for 4 years while eligible; the City inspects about 10 percent. Applies: Applies to compliant self-inspected units with affidavit and fees; a change of ownership or management needs a new affidavit within 30 days.
§ 8.32.060 · code text§ 8.32.060. Self-certification program.
A. Well-maintained residential rental units with no existing violations of State Housing Law or the codes listed in Section 8.32.050 above may qualify to participate in the residential rental inspection self-certification program. Eligibility requires the property owner or his or her designated management entity to conduct a self-inspection of all residential rental units, including exterior conditions and site conditions, and certify that conditions at the property achieve the interior and exterior standards listed on the residential rental inspection program's maintenance standards checklist; complete the self-certification affidavit; pay the first year of the self-certification fee and the required application fee in an amount established by resolution of the City Council. The Chief Administrator of Code Enforcement or his or her designee shall cause an inspection of approximately 10 percent of the residential rental units that self-certify to verify compliance, following the inspection, citation and reinspection procedures established by this chapter.
1. Eligibility. Based on the self-certification affidavit submitted exterior and interior inspection were conducted by the property owner or designated management entity. The property owner or designated management entity agrees to immediately respond to known criminal or gang activity and contact the City Code Enforcement Office when and if any resident resists entry for the purpose of interior unit inspections for self-certification. With each change of property ownership or management entities, the subject property's eligibility expires for the City self-certification program. To remain eligible, the property owner is required to complete a current affidavit regarding property conditions, ownership, and management entities within 30 days of any change. For qualifying participants, the property owner or the designated management entity will be allowed to remove the property from the City inspection program for a period of four years, provided that the conditions do not deteriorate during that time to the point where the property would no longer meet eligibility maintenance standards for program participation as outlined in the maintenance standards checklist.
B. Renewal Self-Certification. A residential rental unit that successfully participated in the prior self-certification program is eligible to renew for the subsequent inspection cycle by completing the process outlined in subsection A of this section.
1. Ineligibility. If the Chief Administrator of Code Enforcement or designee determines by review of the maintenance standards checklist and/or self-certified affidavit that the exterior and/or interior inspections are not in compliance, or as a result of an investigated complaint, that the property owner has allowed the subject residential rental unit to become out of compliance, the property owner will be cited as ineligible to participate in the self-certification program. The property owner shall be assessed a penalty and the full inspection fee, in amounts established by resolution of the City Council. The property owner will not be able to re-apply for the self-certification program until the subject residential rental unit successfully passes an exterior and interior inspection, or for a period of 12 months.
2. Reinstatement. An owner/management entity that unsuccessfully participated in the prior self-certification program is eligible to immediately reinstate after the owner/management entity completes a City approved residential rental unit class, pays all penalties and fees due, and corrects all outstanding violations. The approved class will be a four hour course, which will review the self-certification program criteria; self-certification program affidavit; and maintenance standards checklist. Upon reinstatement, the owner/management entity will be subject to the ongoing inspection cycle by completing the process outlined in subsection A of this section. The owner/management entity will be allowed to reinstate only three times. If, after the owner/management entity has been reinstated three times and the Chief Administrator of Code Enforcement or designee determines by review of the maintenance standards checklist and/or self-certified affidavit that the exterior and/or interior inspections are not in compliance, or as a result of an investigated complaint, the subject residential rental unit is found out of compliance, the property owner will be cited as ineligible to participate in the self-certification program for four years.
C. At all times, the City shall retain the authority to investigate and address any violation of State Housing Law and the Stockton Municipal Code.
D. Any residential rental unit that participates in the residential rental inspection self-certification program may be removed from the self-certification program at any time if it fails to meet all of the interior and exterior standards outlined on the maintenance standards checklist.
E. Any structure and/or premises that do not comply with the provisions of this section shall be subject to an inspection of all residential rental units in the complex along with penalties and fees, in amounts established by resolution of the City Council.
(Prior code § 7-111.65)
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New multifamily rentals of 4 or more units are exempt 5 years after the certificate of occupancy; single-family are not.
§ 8.32.120 · code textNewly constructed multifamily residential rental units shall be exempt from this chapter for a period of five years from the date the certificate of occupancy is issued by the Building Division. The exemption period shall begin to run on the date the Building Division issues a certificate of occupancy on multifamily residential rental units. Single-family residential units will not be exempt.
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Subsidized rental units inspected annually by a government agency or entity are exempt.
§ 8.32.120 · code textSubsidized residential rental units shall be exempt from this chapter when annually inspected by a government agency or entity.
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| Fee |
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The first-year self-certification fee and the application fee are set by City Council resolution. Applies: Applies to the self-certification application for residential rentals; hotels, motels and B&Bs are excluded.
§ 8.32.060 · code textpay the first year of the self-certification fee and the required application fee in an amount established by resolution of the City Council.
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| Inspections |
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Inspection is required not less than once every 4 years. Applies: Applies to residential rentals except self-certification participants, new multifamily units for 5 years, and subsidized units inspected annually.
§ 8.32.050 · code textEvery residential rental unit shall be inspected not less than once every four years, except for those residential rental units that are participating in the residential rental inspection self-certification program or those residential rental units that qualify as exempt as defined in Section 8.32.120 of this code.
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The City inspects about 10 percent of units. Applies: Applies to residential rental units that self-certify.
§ 8.32.060 · code textThe Chief Administrator of Code Enforcement or his or her designee shall cause an inspection of approximately 10 percent of the residential rental units that self-certify to verify compliance, following the inspection, citation and reinspection procedures established by this chapter.
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| Penalty |
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A reinspection fee, set by City Council resolution, applies. Applies: Applies when requested work or action was not done by reinspection.
§ 8.32.100 · code textIf the Code Enforcement Officer discovers upon reinspection that the work, action, or inaction requested was not performed, the cited party shall be charged a reinspection fee in an amount established by resolution of the City Council.
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Unpaid fees may be recovered through nuisance abatement or municipal tax lien procedures, plus interest and penalties. Applies: Applies to failure to pay the required reinspection fee.
§ 8.32.100 · code textShould the cited party fail to pay the required reinspection fee, the City will recover it, in addition to accrued interest and penalties, utilizing any remedies provided by law including nuisance abatement or municipal tax lien procedures established by ordinance or State law.
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A penalty and the full inspection fee, set by City Council resolution, apply. Applies: Applies when a unit is ineligible for self-certification because inspections or documents are noncompliant, or a complaint shows non-compliance.
§ 8.32.060 · code textThe property owner shall be assessed a penalty and the full inspection fee, in amounts established by resolution of the City Council.
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The unit cannot reapply until it passes an exterior and interior inspection, or for 12 months. Applies: Applies when ineligible for self-certification; immediate reinstatement is possible after an approved class, payment and correction, up to three reinstatements.
§ 8.32.060 · code textThe property owner will not be able to re-apply for the self-certification program until the subject residential rental unit successfully passes an exterior and interior inspection, or for a period of 12 months.
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The unit is ineligible for self-certification for 4 years. Applies: Applies after three reinstatements, when the unit is found noncompliant or out of compliance after a complaint.
§ 8.32.060 · code textIf, after the owner/management entity has been reinstated three times and the Chief Administrator of Code Enforcement or designee determines by review of the maintenance standards checklist and/or self-certified affidavit that the exterior and/or interior inspections are not in compliance, or as a result of an investigated complaint, the subject residential rental unit is found out of compliance, the property owner will be cited as ineligible to participate in the self-certification program for four years.
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The exemption is lost, plus a penalty and full inspection fee set by City Council resolution. Applies: Applies when newly built multifamily or subsidized units fail an exterior and interior inspection.
§ 8.32.120 · code textThe property owner shall lose this exemption and be assessed a penalty and the full inspection fee in amounts established by resolution of the City Council if the newly constructed multifamily residential rental units, or the subsidized residential units do not successfully pass an exterior and interior inspection.
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All rental units in the complex are inspected, plus penalties and fees set by City Council resolution. Applies: Applies when a structure or premises does not comply with the self-certification provisions.
§ 8.32.060 · code textAny structure and/or premises that do not comply with the provisions of this section shall be subject to an inspection of all residential rental units in the complex along with penalties and fees, in amounts established by resolution of the City Council.
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