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File #: ID19-1683    Version: 1 Name:
Type: Action Item Status: Passed
File created: 5/8/2019 In control: City Council
On agenda: 5/16/2019 Final action: 5/16/2019
Title: Actions pertaining to non-transient motels: 1. BILL - (for introduction) adding Article 18 to Chapter 10 of the Fresno Municipal Code adopting a non-transient motel inspection program. 2. RESOLUTION--Initiating a Text Amendment to the Zoning Ordinance of the City of Fresno to add section 15-2769 relating to non-transient residence requirements, pursuant to Fresno Municipal Code section 15-5803-a(1).
Sponsors: Miguel Angel Arias, Nelson Esparza, Esmeralda Z. Soria
Attachments: 1. Ordinance.pdf, 2. Resolution.pdf, 3. Late Submission 4B.pdf, 4. Late Submission - Exhibit to ROI.pdf

REPORT TO THE CITY COUNCIL

 

 

 

May 16, 2019

 

 

FROM:                     Miguel Arias, Councilmember for District 3,

                                          Esmeralda Soria, Councilmember for District 1,

                                          Nelson Esparza, Councilmember for District 7,

City Council Offices

 

SUBJECT

Title

Actions pertaining to non-transient motels:

1.                     BILL - (for introduction) adding Article 18 to Chapter 10 of the Fresno Municipal Code adopting a non-transient motel inspection program.

2.                     RESOLUTION--Initiating a Text Amendment to the Zoning Ordinance of the City of Fresno to add section 15-2769 relating to non-transient residence requirements, pursuant to Fresno Municipal Code section 15-5803-a(1).

Body

RECOMMENDATION

 

The sponsors recommend Council approve a bill for introduction adopting a non-transient motel inspection program by adding Article 18 to Chapter 10 of the Fresno Municipal Code (FMC), and approve a Resolution Initiating a Text Amendment to the Zoning Ordinance of the City of Fresno to add section 15-2769 relating to non-transient residence requirements, pursuant to FMC section 15-5803-a(1).

 

EXECUTIVE SUMMARY

 

The proposed ordinance would create a non-transient lodging inspection program by adding Article 18 to Chapter 10 of the FMC, authorizing inspection of all rental units to ensure compliance with minimum health and safety standards.  The proposed Resolution would initiate a text amendment to the City’s Zoning Ordinance, directing staff to review and analyze the proposed draft ordinance defining and setting minimum standards for non-transient lodging. 

 

BACKGROUND

 

The proposed ordinance would create a non-transient lodging inspection program by adding Article 18 to Chapter 10 of the FMC, authorizing inspection of all rental units to ensure compliance with minimum health and safety standards.  It would make renting or occupying a rental unity subject to a pending enforcement unlawful until it passes inspection. Non-transient lodging with frequent calls for emergency services, a history of complaints or code violations, or lodging over forty years old would be prioritized for inspection. A correction notice would be issued, including a time and date of re-inspection. If compliance is not achieved, remedies include issuing administrative citations, abatement proceedings, civil injunction, petition for receivership, and/or criminal prosecution. 

 

The proposed Resolution would initiate a text amendment to the City’s Zoning Ordinance, directing staff to review and analyze the proposed draft ordinance defining and setting minimum standards for non-transient lodging, and to bring the proposed ordinance before the Airport Land Use Commission and Planning Commission for consideration. 

 

The City Attorney has reviewed and approved the documents as to form.

 

ENVIRONMENTAL FINDINGS

 

This is not a project pursuant to CEQA Guidelines section 15378.

 

LOCAL PREFERENCE

 

Local preference is not applicable because this item does not involve a bid or award of a contract.

 

FISCAL IMPACT

 

The non-transient lodging inspection program will be part of the City’s Rental Inspection Program. Non-transient lodging operators will be billed a per-unit inspection fee up to $100, which will be set forth in the Master Fee Schedule.

 

Attachments:                     

Bill for introduction

Resolution