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