HomeMy WebLinkAbout2024-048 CC Reso AB 548 relating to Housing InspectionsA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK ADOPTING A POLICY PURSUANT TO THE
REQUIREMENTS OF AB 548 RELATING TO HOUSING
INSPECTIONS
WHEREAS, on October 11, 2023. Governor Newsom signed Assembly Bill No.
548 (AB 548i) authored by Assembly member Boerner. (D-San Diego) generally
imposing new requirements on city code enforcement agencies concerning the way
they conduct housing inspections; and
WHEREAS, AB 548 requires code enforcement agencies to develop policies
and procedures prior to January 1, 2025 for inspecting a building with multiple units if
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the potential to affect other units of the building.
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WHEREAS, the City Council has determined that the adoption of the AB 548 Policy
is in the public interest and complies with the requirements of AB 548.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
HEREBY RESOLVES AS FOLLOWS:
SECTION 2. Adoption of Policy. The City Council hereby adopts the AB 548
Policy attached hereto as Exhibit "A" to this Resolution and directs the Director of
Community Development, and his or her designees, to incorporate the policy into the
City's standard inspection procedures.
SECTION 3. CEQA. The City Council finds and determines that adoption of the
AB 548 Policy is not a "project" as defined under California Public resources o e
Sections 21065 and 21080.
SECTION 4. Severability. If any provision, section, paragraph, sentence, or word
#f this resolution be rendered or declared invalid by any of of competent jurisdiction,
tr by reason of preemptive legislation, the remaining provisions, sections, paragraphs,
-.ent�ences, and words oesolution shall remain in full force and effect.
E1 MANUEL J. E TRA
MAYOR
Willi , a a.
F.1111111143
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS.
CITY OF BALDWIN PARK I
1, Christopher Saenz City Clerk, of the City of Baldwin Park, do hereby certify that
the foregoing Resolution No. 2024-048 was duly and regularly approved and adopted
by the City Council of the City of Baldwin Park at a regular meeting thereof, held on the
20th day of November 2024 by the following vote.
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-Exhibit A -
CITY OF BALDWIN PARK - All 548 HOUSING POLICY
I. PURPOSE
The purpose of this policy is to protect tenants' rights and their living conditions in multi -unit
complexes in the City of Baldwin Park, This policy will provide procedures for proactive
inspections of multi -unit complexes. Pursuant to AB 548, codified as Health and Safety Code
section 17970.7, City inspectors and code enforcement officers shall now have a procedure for
inspecting a multi -unit cornplex when there is a violation of Health and Safety Code (""Sc")
section 47920.3 or HSC section 17920.10, and the inspector/code enforcement officer determines
that the defects or violations have the potential to affect other units of the building.
11. POLICY
It is the policy of the City of Baldwin Park to properly handle violations of substandard living
conditions within multi -unit complexes and to maintain an accurate record of noticing in order to
protect tenants' rights and the living conditions of the community.
111. PROCEDURES
A. Inspection
All inspections are to be consistent with the current laws and inspection practices in place. Upon
inspection of a unit within a multi -unit complex that is determined by the code enforcement officer
to be substandard pursuant to HSC section 17920.3 or in violation of 14SC section 17920.10, the
code enforcement officer must determine whether those violations are such that they could
reasonably affect additional units in the complex, The code enforcement officer shall document
and photograph all violations that may be used as a basis for additional inspections of adjacent
units.
B. Determination
When determining whether to inspect additional units, the code enforcement officer may consider
factors includi►ag, but not ]irnited to:
• building type,
• building age,
• building size,
• construction method,
• cause of the substandard condition, and
® history of violations.
A non -exhaustive list of violations that could reasonably affect other units are:
• mold,
• mildew,
• pests, and/or
m lead hazards.
If one of the above listed or another violation is present and the code enforcement officer
determines the violation[s] could reasonably affect other units, the code enforcement officer must
inspect or attempt to inspect the following:
• adjacent units (above, below, and neighboring) and
• any additional units that the code enforcement officer determines could be reasonably
affected.
If the violations are so severe and widespread as determined by the code enforcement officer, the
code enforcement officer must inspect or attempt to inspect all units within the building. In the
event the tenants of adjacent and reasonably affected units do not respond to the request to inspect,
the code enforcement officer may seek an inspection warrant on the basis of the violations in the
adjacent unit.
C. Notice Requirements
Upon the conclusion of the inspection, and within a reasonable time, the code enforcement officer
shall draft a notice or order to repair or abate to advise the owner/operator and tenant of each
known violation and of each action required to remedy the violation, Notice must be issued to the
following:
• property owner/operator,
• tenant of unit,
• tenants of adjacent units (above, below, and neighboring), and
• tenants of additional units that the code enforcement officer determines could be
reasonably affected.
The notice should include the following:
• date of the inspection,
• a non -exhaustive list of violation[s],
• time frame in which to make the corrective actions, and
• anything required under City's municipal code (See B.P.M.C. § 95.07)
If the violations are so severe and widespread as determined by the code enforcement officer, the
code enforcement officer must notify all tenants within the building.
D. Re -Inspection
The code enforcement officer must schedule a re -inspection to verify the anticipated corrections
outlined in the notice or order to repair or abate.
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