Chapter 11.20 HOUSING

Part 1 DEFINITIONS

11.20.010 Apartment.

11.20.020 Apartment house.

11.20.023 Boarding home.

11.20.030 Dwelling.

11.20.040 Dwelling unit.

11.20.050 Dwelling unfit for human habitation, use or occupancy.

11.20.060 Family.

11.20.070 Guest.

11.20.080 Guest room.

11.20.090 Habitable room.

11.20.100 Hotel.

11.20.110 House court.

11.20.120 Motel.

11.20.140 Substandard dwelling.

Part 2 REGULATIONS

11.20.150 Applicability of chapter provisions.

11.20.160 Maintenance required--Noncompliance unlawful.

11.20.170 Sanitation requirements generally.

11.20.180 Toilet facilities.

11.20.190 Toilet rooms and bathing facilities.

11.20.200 Heating appliances--Sale restrictions.

11.20.210 Gas-burning appliances--Approval and installation conditions.

11.20.220 Gas-burning appliances--Connections.

11.20.230 Gas-burning appliances--Maintenance.

11.20.240 Gas ranges--Venting.

11.20.260 Kitchens--Dwelling requirements.

11.20.270 Cooking permitted in sleeping rooms--Conditions.

11.20.280 Sleeping rooms--Air space per person.

11.20.290 Sleeping rooms--Air space for two persons.

11.20.300 Sleeping rooms--Air space for more than two persons.

11.20.310 Sleeping rooms--Overcrowding and other unhealthful conditions prohibited.

11.20.320 Linen and bedding for transient guest accommodations.

11.20.330 Screens required when.

11.20.350 Apartment houses--Regulations applicable.

11.20.360 Bachelor apartments--Described--Requirements.

11.20.370 Efficiency living units.

11.20.380 Hotels--Regulations applicable.

11.20.390 Motels--Regulations applicable.

11.20.400 Light housekeeping rooms.

11.20.420 Posting requirements--Penalty for noncompliance.

Part 1 DEFINITIONS

11.20.010 Apartment.

“Apartment” means dwelling unit. (Ord. 8588 § 2 (part), 1964: Ord. 7583 § Part 3 Ch. 11 § 804.1, 1959.)

11.20.020 Apartment house.

“Apartment house” means any structure more than one story in height or any portion of any such structure, occupied or designed, built or rented for occupation, as a home, by three or more families, each living in a separate apartment and cooking within such structure. (Ord. 7583 Part 3 Ch. 11 § 810, 1959.)

11.20.023 Boarding home.

“Boarding home” means any premises, structures, or portion thereof (except any hospital or other health facility as defined in Section 1250 of the Health and Safety Code and except any mental or alcoholic institution licensed by the state of California), used or intended to be used as a place where sleeping or rooming accommodations are furnished to the whole or any part of the public, with or without compensation and with or without meals, for five or more persons who are unrelated to the operator. “Boarding home” includes, but is not limited to, a rooming house, home for the aged, sober living facility, boarding house, lodging house, and bed and breakfast facility. (Ord. 94-0052 § 18, 1994: Ord. 7583 Part 3 Ch. 11 § 806, 1959.)

11.20.030 Dwelling.

“Dwelling” means any structure or any portion of a structure, other than an apartment house, motel or hotel, containing one or more guest rooms. (Ord. 8588 § 2 (part), 1964: Ord. 7583 Part 3 Ch. 11 § 801, 1959.)\

11.20.040 Dwelling unit.

“Dwelling unit” means a room or a suite of rooms, other than a hotel, which are occupied or which are intended or designed for occupancy by a family for living and sleeping purposes. (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 11 § 804, 1959.)

11.20.050 Dwelling unfit for human habitation, use or occupancy.

“Dwelling unfit for human habitation, use or occupancy” means any dwelling, hotel, motel, apartment house or other structure used for living or sleeping purposes which, by reason of its construction or by reason of the lack of maintenance or repair thereof, is in such a condition as creates a hazard to the health, welfare or safety of its occupants. (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 11 § 803, 1959.)

11.20.060 Family.

“Family” means one person living alone, or a group of two or more persons living together, whether or not related to each other by birth. (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 11 § 802, 1959.)

11.20.070 Guest.

“Guest” means any person who occupies a room for sleeping purposes. (Ord. 8588 § 2 (part), 1964: Ord. 7583 Part 3 Ch. 11 § 804.2, 1959.)

11.20.080 Guest room.

“Guest room” means a room occupied, or intended, arranged or designed for occupation by one or more guests. Every 100 square feet of superficial floor area in a dormitory shall be considered a guest room. (Ord. 8588 § 2 (part), 1964: Ord. 7583 Part 3 Ch. 11 § 804.3, 1959.)

11.20.090 Habitable room.

“Habitable room” means any room meeting the requirements of this Division 1 for sleeping, living, cooking or eating purposes, excluding such enclosed places as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, unfinished attics, foyers, storage spaces, cellars, utility rooms and similar spaces. (Ord. 7583 Part 3 Ch. 11 § 805, 1959.)

11.20.100 Hotel.

“Hotel” means any structure or any portion of a structure, including any dormitory, Turkish bath, bachelor hotel, studio hotel, public club or private club containing six or more guest rooms, and which is occupied, or is intended or designed for occupation, by six or more guests, whether rent is paid in money, goods, labor or otherwise. It does not include any jail, hospital, asylum, sanitarium, orphanage, prison or detention or other building in which human beings are housed and detained under legal restraint. (Ord. 94-0052 § 19, 1994: Ord. 7583 Part 3 Ch. 11 § 812, 1959.)

11.20.110 House court.

“House court” means a group of five or more dwelling units other than a hotel or a motel, located upon a single lot or parcel of land. (Ord. 8588 § 2 (part), 1964: Ord. 7583 Part 3 Ch. 11 § 804.4, 1959.)

11.20.120 Motel.

“Motel” means a building of not more than one story containing six or more guest rooms or apartments, or combinations thereof, each of which has a separate, individual entrance leading directly from the outside of the building and is designed, used or intended wholly or in part for the accommodation of automobile transients. (Ord. 7583 Part 3 Ch. 11 § 811, 1959.)

11.20.140 Substandard dwelling.

A. “Substandard dwelling” means any dwelling, house court, dormitory, hotel, motel or apartment house which, through lack of maintenance or repair, generally endangers the life, limb, health, property, safety or welfare of the public, or of the occupants thereof.
B. Conditions which render a structure a “substandard dwelling” include, but are not limited to, any of the following:
1. Lack of approved toilet or privy structure, bathtub or shower, kitchen sink, hot and cold running water, or other required approved plumbing within an apartment or dwelling;
2. Lack of exterior wall or roof covering adequate to protect the occupants from the elements;
3. Damaged interior walls, partitions, floors or ceiling;
4. Plumbing fixtures and piping which have become insanitary or are otherwise in a condition to create a health hazard;
5. Sewage disposal system which has become insanitary or is otherwise in a condition to create a health hazard;
6. Unreasonable collection of rubbish, debris or trash upon premises;
7. Any of the conditions specified in Section 11.02.300, subsections B, C, D or E;
8. Use of other than habitable rooms for living, cooking or eating purposes;
9. Incomplete construction;
10. Infestation by insects, vermin or rodents;
11. General dilapidation;
12. Lack of a water supply adequate to sustain the health of the inhabitants. (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 11 § 809, 1959.)

Part 2 REGULATIONS

11.20.150 Applicability of chapter provisions.

The provisions of this Chapter 11.20 shall apply to all dwellings, house courts, hotels and apartment houses. (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 11 § 800, 1959.)

11.20.160 Maintenance required--Noncompliance unlawful.

Every dwelling, house court, hotel, motel and apartment house shall be maintained in good repair. It is unlawful for any person to occupy or to cause or permit another person to occupy any dwelling, house court, hotel, motel and apartment house which does not comply with this section. (Ord. 12098 § 2, 1980: Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 11 § 820, 1959.)

11.20.170 Sanitation requirements generally.

A. Each habitable room, hallway, passageway, stairway, wall, partition, ceiling, floor, skylight, glass window, door, carpet, rug, matting, window curtain, furniture, compartment or room, plumbing fixture, drain, roof, vent, closet, cellar, basement, laundry room, yard, court, lot and the premises of every building shall be kept clean, sanitary and free from debris, filth, rubbish, garbage, vermin and other offensive matter. It is unlawful for any person to occupy any building or shelter unless such building or shelter shall provide protection to the occupants from dampness during inclement weather.
B. Air spaces under buildings shall be rodentproof and kept clear and free from rubbish, debris and filth. (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 11 § 826, 1959.)

11.20.180 Toilet facilities.

Except where the use of a toilet facility other than a water closet is permitted by this Division 1, it is unlawful for any person to occupy, or to cause or permit another person to occupy, any dwelling which is not supplied with at least one water closet in a separate compartment within the building for each portion of the dwelling which is designed for the occupancy of a single family; provided, however, that this section shall not apply to children’s camps. Where the use of a toilet facility other than a water-flush toilet is permitted by this Division 1, it is unlawful for any person to occupy, or to cause or permit another person to occupy, any dwelling which is not supplied with at least one toilet facility other than a water-flush toilet in an outside, separate compartment for each portion of the dwelling which is designed for the occupancy of a single family. (Ord. 7583 Part 3 Ch. 11 § 817, 1959.)

11.20.190 Toilet rooms and bathing facilities.

Every dwelling unit shall contain a lavatory and bathtub or shower. All lavatories, bathtubs and showers of dwellings, house courts, hotels, motels and apartment houses shall be provided with hot and cold running water under pressure. All toilet rooms, bath and shower rooms and utility rooms shall be adequately lighted and ventilated to the outside atmosphere. All such rooms and the fixtures and equipment therein shall be maintained in a state of good repair and free from dirt, filth and corrosion. It is unlawful for any person to occupy or to cause or permit another person to occupy any dwelling unit which does not comply with this section. (Ord. 12098 § 1, 1980: Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 11 § 819, 1959.)

11.20.200 Heating appliances--Sale restrictions.

No person shall sell or offer for sale at retail any comfort heating appliance constructed to burn gas or oil for fuel, unless such heating appliance bears the seal of approval of a nationally recognized testing agency. (Ord. 8588 § 2 (part), 1964: Ord. 7583 Part 3 Ch. 11 § 821.1, 1959.)

11.20.210 Gas-burning appliances--Approval and installation conditions.

Every gas-burning appliance shall be approved by a nationally recognized testing agency. Every gas-burning appliance, except ranges, refrigerators and hotplates approved by such agencies for unvented use, shall be approved for vented use, and be connected to an effective flue or vent leading to the outside air, not less in size than the vent collar on the appliance. Appliances with forced-air draft or sealed combustion chambers shall be vented in accordance with the manufacturer’s directions. The installation of gas heaters or alteration of existing heaters shall be done under a permit obtained from the building department. (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 11 § 821, 1959.

11.20.220 Gas-burning appliances--Connections.

Every gas-burning appliance shall be connected to the gas supply piping by metal piping or tubing of a quality and design approved by the county engineer. (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 11 § 822, 1959.)

11.20.230 Gas-burning appliances--Maintenance.

Every gas vent, gas water heater or other gas appliance shall be maintained in good repair. (Ord. 7583 Part 3 Ch. 11 § 823, 1959.)

11.20.240 Gas ranges--Venting.

A. A gas range shall be vented by one of the following means:
1. A ventilator opening in the wall or ceiling having an area of not less than six by eight inches and connecting with a ventilating duct of not less than 36 square inches in cross-sectional area leading to the outside air;
2. An approved system of forced-draft ventilation.
B. Gas ranges in buildings erected after September 25, 1959, shall be ventilated by a vent located approximately over the top of surface cooking facilities. (Ord. 7583 Part 3 Ch. 11 § 824, 1959.)

11.20.260 Kitchens--Dwelling requirements.

A. Every dwelling unit in which food is prepared shall have in its kitchen a sink plumbed with hot and cold running water. A kitchen shall be deemed to be that room in which food is prepared for family use.
B. Every kitchen shall be separated from any room used for sleeping purposes by a full partition, which may contain a doorway not more than four feet in width. Each such doorway shall be provided with a door capable of diminishing the transmission of noises or fumes to any adjacent room used for sleeping purposes. (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 11 § 818, 1959.)

11.20.270 Cooking permitted in sleeping rooms--Conditions.

A. If the director finds that health and safety will be preserved and that both an infirmary and restaurant are easily accessible to the occupants thereof within the development, in low-cost housing developments designed for persons over 62 years of age financed in whole or in part by federal funds or by means of loans insured in whole or in part by the United States, a room used for sleeping purposes also may be used for cooking.
B. Subsection B of Section 11.20.260 and the provisions of Section 11.20.310 which prohibit sleeping in a kitchen do not apply to such a room, but subsection A of Section 11.20.260 and all other provisions of this code do apply to such a room. (Ord. 8095 § 2, 1961: Ord. 7583 Part 3 Ch. 11 § 818.5, 1959.)

11.20.280 Sleeping rooms--Air space per person.

It is unlawful for a person to occupy or permit another person to occupy any room for sleeping purposes unless such room shall contain at least 500 cubic feet of air space. (Ord. 7583 Part 3 Ch. 11 § 814, 1959.)

11.20.290 Sleeping rooms--Air space for two persons.

Except as provided in Section 11.20.300 every room used for sleeping purposes, occupied by two persons, shall contain not less than 630 cubic feet of air space. (Ord. 7583 Part 3 Ch. 11 § 815, 1959.)

11.20.300 Sleeping rooms--Air space for more than two persons.

Every room or place used for sleeping purposes shall be deemed to be overcrowded if it is occupied by more than two persons and contains less than 630 cubic feet of air space plus 500 cubic feet of air space for every person occupying the room in excess of two persons. (Ord. 7583 Part 3 Ch. 11 § 816, 1959.)

11.20.310 Sleeping rooms--Overcrowding and other unhealthful conditions prohibited.

No person shall occupy, rent or lease, suffer or permit another person to use for sleeping purposes any kitchen, cellar, hallway, bath, shower, compartment, toilet room, or any habitable room or place, including any hotel, apartment house, multiple dwelling or dwelling, which is detrimental to the health of the occupant or occupants by reason of overcrowding or insufficiency of light, windows, ventilation or drainage. The window area of any room used for sleeping purposes shall not be less than one-eighth of the floor area and shall be at least one-half openable or the room completely air-conditioned. (Ord. 7583 Part 3 Ch. 11 § 825, 1959.)

11.20.320 Linen and bedding for transient guest accommodations.

All rooms in a rooming house, hotel, motel, apartment house, rented to transient guests wherein beds are used shall be provided with an adequate amount of clean bedding, springs and mattresses, in good repair. All such beds, springs and mattresses shall be maintained in a sanitary condition. Rooming houses, hotels, motels, and apartment houses shall provide an adequate amount of clean washcloths, hand and bath towels, and other linen necessary for each new guest therein. (Ord. 8588 § 2 (part), 1964: Ord. 7583 Part 3 Ch. 11 § 831, 1959.)

11.20.330 Screens required when.

Windows and other openings in the exterior walls of dwellings shall be provided with approved screening of at least 16 mesh set in tight-fitting frames, except where the omission of screens will not be hazardous to the health of the occupants. (Ord. 7583 Part 3 Ch. 11 § 813, 1959.)

11.20.350 Apartment houses--Regulations applicable.

Apartment houses shall comply with Chapters 11.16, 11.30, 11.32 and 11.38 of this Division 1. (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 11 § 829, 1959.)

11.20.360 Bachelor apartments--Described--Requirements.

A bachelor apartment is a dwelling unit built prior to August 8, 1963, combining kitchen, living and sleeping areas, and will be permitted provided it complies with the following requirements:
A. The room shall have a minimum of 250 square feet of floor area, exclusive of bath, closet and water-closet areas.
B. Occupancy shall be limited to not more than two persons.
C. Each bachelor apartment shall be located in an apartment house or hotel.
D. Bachelor apartments shall comply as a dwelling unit; except, that the kitchen area need not be separated from a room used for sleeping purposes, and toilet facilities need only be separated from the kitchen area by one full door.
E. Bachelor apartments shall comply with zoning requirements.
F. One water closet, lavatory with hot and cold running water, and bathtub or shower shall be provided for each unit.
G. Cooking facilities shall be vented directly to the outside air by means of a mechanical exhaust system having a capacity of at least 150 cubic feet per minute.
H. An approved method of heating shall be installed in each room. Cooking appliances shall not be used for the purpose of heating such rooms. (Ord. 8588 § 2 (part), 1964: Ord. 7583 Part 3 Ch. 11 § 834, 1959.)

11.20.370 Efficiency living units.

Nothing in this Division 1 shall prohibit the use, on or after July 13, 1963, of an efficiency living unit which meets the following requirements:
A. An efficiency living unit shall have a living room of not less than 220 square feet of superficial floor area. An additional 100 square feet of superficial floor area shall be provided for each occupant of such unit in excess of two.
B. There shall be provided a separate closet of such size as to provide for adequate storage.
C. There shall be provided a separate area of not less than three feet by five feet in size, accessible from the living rooms and enclosed by a door or doors, and shall be provided with complete cooking and food preparation facilities.
D. The cooking and food-preparation facilities shall consist of a properly trapped and vented kitchen sink provided with a garbage-disposal unit, hot and cold running water, a refrigerator and an approved kitchen range or cooking appliance.
E. The surface on which the cooking appliance rests shall be covered with metal of not less than No. 28 U.S. Gauge over one-fourth-inch asbestos millboard, or such other materials that will provide equivalent fire protection, extending at least 24 inches above the surface on which the cooking appliance rests.
F. There shall be installed over the cooking surface a mechanical exhaust fan connected to the outside air.
G. All sink tops and cabinet surfaces shall have a smooth, washable, nonabsorbent finish.
H. There shall be provided a cabinet for the storage of all food, dishes and cooking utensils.
I. There shall be provided an approved comfort-heating appliance or system within the living room.
J. A separate compartment containing a toilet, lavatory and bathtub or shower shall be provided for each efficiency living unit. (Ord. 8588 § 2 (part), 1964: Ord. 7583 Part 3 Ch. 11 § 832, 1959.)

11.20.380 Hotels--Regulations applicable.

Hotels shall comply with Chapters 11.16, 11.30, 11.32 and 11.38 of this Division 1. (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 11 § 830, 1959.)

11.20.390 Motels--Regulations applicable.

Motels shall comply with Section 11.20.310 and Chapters 11.16, 11.30, 11.32 and 11.38 of this Division 1. (Ord. 8588 § 1 (part), 1964: Ord. 7583 Part 3 Ch. 11 § 828, 1959.)

11.20.400 Light housekeeping rooms.

Light housekeeping rooms shall be permitted provided they were constructed prior to September 16, 1963, combine cooking, living and sleeping, and comply with the following requirements:
A.1. Light housekeeping rooms shall contain not less than 150 square feet in area and shall be occupied by not more than two people. The cooking appliances therein, if any, shall be used solely for the cooking or preparation of meals for consumption by the occupants of the room.
2. A room having a superficial floor area of not less than 120 square feet may be used for light housekeeping if it is occupied by only one person.
B. The cooking appliances used therein, if any, shall have no more than two burners. If electric appliances are used, they shall have been tested and approved by the Underwriters’ Laboratory. If gas appliances are used, they shall have been tested and approved by the American Gas Association.
C. 1. The installation, maintenance or use of said cooking appliances shall not be hazardous to life, health or property.
2. The cooking appliance shall rest upon its own legs, or shall be an approved, built-in unit of fixed installation.
Said appliance shall be set not closer than six inches from any wall or projection thereof, and shall rest upon an impervious surface.
3. The walls behind and adjacent to said cooking appliance shall be lined or back-flashed with incombustible material equivalent to one-fourth-asbestos millboard. The back-flashing shall extend from 12 inches below to 24 inches above the base of the appliance. There shall be a clear and unobstructed space of 36 inches above the surface of the cooking appliance.
D. 1. Gas-burning appliances shall be connected to the gas supply piping by approved metal piping with an approved gas shutoff valve readily accessible within the room.
2. Electrical appliances and serving circuits shall be properly installed and maintained.
E. The room shall contain an approved sink with hot and cold running water.
F. An approved storage cabinet shall be installed in the room.
All food, dishes, and cooking and eating utensils shall be stored therein when not in use.
G. The bed in such a room, and drapes, curtains or other readily combustible material, shall be so located that they do not come in contact with the cooking appliances.
H. Any toilet room opening directly into such a room shall have a tight-fitting door.
I. An approved method of heating shall be installed in each such room. Cooking appliances shall not be used for the purpose of heating such rooms. No cooking appliance shall be installed within a closet in such a room.
J. In any building containing six or more light housekeeping rooms, there shall be one water closet and one bath facility for each five units or fraction thereof. In any building containing five or less light housekeeping rooms, there shall be one water closet and one bath facility which may be in the same room for each three light housekeeping units in the building. Such toilet and bath facilities shall be accessible to and from a public hallway. (Ord. 8588 § 2 (part), 1964: Ord. 7583 Part 3 Ch. 11 § 833, 1959.)

11.20.420 Posting requirements--Penalty for noncompliance.

A. The owner of a house court, as defined in Section 11.20.110 of this chapter, shall be responsible for posting in a common area, accessible by all tenants and the general public, a placard, as provided by the health officer. “Common area, accessible by all tenants and the general public” means:
1. Posted in a conspicuous location within five feet of the main entrance of the housing court; or
2. Posted in or near the outside of the door of the housing court manager, if one exists; or
3. Posted in a location as directed and determined in the discretion of the county health officer to ensure proper notice to all tenants and the general public.
B. The placard shall not be defaced, marred, camouflaged, hidden or removed. Removal of the placard is a violation of this chapter and shall be punishable as specified in Section 11.02.080.
C. The placard shall legibly display the following information so as to be clearly visible to all tenants and the general public entering the housing court:
This building is inspected by the Department of Health Services, Environmental Health. All public health questions/concerns regarding this property should be directed to: (local office address and telephone number to be provided by the county health officer)
Please contact the office listed above to report health code violation or concerns. Copies of inspection reports may be requested from this office.
D. The placard must also list the web site address and toll free telephone number for the department of health services, environmental health, housing inspection program, which shall be provided by the county health officer. (Ord. 2004-0019 § 2, 2004.)