CC Ordinance No. 23-2250 Amending City Code Chapter 9.22 of Title 9 (Health and Sanitation) to Prohibit Substandard Housing ConditionsORDINANCE N0. 23-2250
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CITY CODE CHAPTER 9.22 of Title 9 (Health and Sanitation) TO
PROHIBIT SUBST ANDARD HOUSING CONDITIONS
The City Council of the City of Cupertino finds that:
WHEREAS, the State of California has passed Assembly Bill (AB) 838. The Bffl expands
existing State Housing Law related to buildings used for human habitation with the
addition of California Health and Safety Code section 17970.5 and imposes new duties
on Cities and Counties;
WHEREAS, AB 838 requires the City respond to and address complaints involving
substandard housing conditions, particularly those involving conditions which violate
California Health and Safety Code sections 17920.3 et. seq., and 17920.10 et. seq.;
WHEREAS, The City is committed to the prevention and elimination of blight and
slum conditions. With the passage of AB 838, the City will have the ability to provide
additional health and safety services and thus ensure housing conditions remain
standardized for its residency.
NOW, THEREFORE, THE CITY COUNCII, OF THE OF CITY OF CUPERTINO
DOES ORDAIN AS FOLLOWS:
SECTION 1. .
The Cupertino Municipal Code is hereby amended as set forth in Attachment A.
SECTION 2: Severability and Continuity.
The City Council declares that each section, sub-section, paragraph, sub-paragraph,
sentence, clause and phrase of this ordinance is severable and independent of every
other section, sub-section, paragraph, sub-paragrapli, sentence, clause and phrase of
this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause
or phrase of this ordinance is held invalid, or its application to any person or
circumstance, be determined by a court of competent jurisdiction to be inlawful,
unenforceable or otherwise void, the City Council declares that it would have adopted
l
Ordinance No. 23-2250
Page 2
the remaining provisions of this ordinance irrespective of such portion, and further
declares its express intent that the remaining portions of this ordinance should remain
in effect after the invalid portion has been eliminated. To the extent the provisions of
this Ordinance are substantially the same as previous provisions of the Cupertino
Municipal Code, these provisions shall be construed as continuations of those
provisions and not as an amendment to or readoption of the earlier provisions.
SECTION 3: California Environmental Quality Act.
This Ordinance is not a project under the requirements of the California Environmental
Quality Act, together with related State CEQA Guidelines (conectively, "CEQA") because
it has no potential for resulting in physical change in the environment. In the event that
this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption
contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty
to have no possibility that the action approved may have a significant effect on the
environment. CEQA applies only to actions whii have the potential for causing a
significant effect on the environment. Where it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment,
the activity is not subject to CEQA. The foregoing determination is made by the City
Council in its independent judgment.
SECTION 4: Effective Date.
This Ordinance shall take effect thirty days after adoption as provided by Government
Code Section 36937.
SECTION 5: Publication.
The City Clerk shall give notice of adoption of this Ordinance as required by law.
Pursuant to Government Code Section 36933, a summary of this Ordinance may be
prepared by the City Clerk and published in neu of publication of the entire text. The
City Clerk shall post in the office of the City Clerk a certified copy of the full text of the
Ordinance listing the names of the City Council members voting for and against the
ordinance.
Ordinance No. 23-2250
Page 3 INTRODUCED at a regular meeting of the Cupertino City Council on September 19, 2023 and ENACTED at a regular meeting of the Cupertino City Council on October 17, 2023 by the following vote: Members of the City Council A YES: Wei, Mohan, Chao, Fruen, Moore NOES: None ABSENT: None ABSTAIN: None SIGNED: Hung Wei, Mayor City of Cupertino ATTEST: Kirsten Squarcia, City Clerk APPROVED AS TO FORM: �r,P.� Christopher D. Jensen, City Attorney Date Date Oct 25, 2023 Date 10/26/23
10/26/23
Attachment A - An Ordinance of the City Council of the City of Cupertino establishing
property maintenance standards and prohibiting substandard housing conditions.
The sections of the Cupertino Municipal Code set forth below are adopted as follows:
(A)No property owner(s), agent(s), lessee(s), responsible party, any other person(s € or
I I
an of the f Ilowin ondi i n :
(1)
in
Code section 17920,3 et. seq,
(2)
occupancy to create a hazardous condition or environment, as defined by
Ca]ifornia Health and Safety Code section 17920.10 et. seq,
(B) Eees.
(1) ' h in
accordance with Chapter 1.10, the owner(s), agent(s), lessee(s), responsible
party(sl, and any other person(s € or entity having control of, or control over the
l
igjs verall, Iia I f r an. Ii bili ri in from violation of t
(2) Upon deadline lapse and after one (1 € re-inspection after which there was no
progress noted, the City Manager or their designee may require a re-inspection
fee, which may be established by a resolution of the City Council,
(3) N
fees to pay the cost of administering this section; provided,, however, that no fee
shall be charged for the inspection of or any inspection report about any property
mviolations of Health & Safet ode se tion 17 2 .10 or d ems an
lBrief Description]- Page l
17920.3.
(O Enforcement. NOtwithstanding the provisions of section 9,22,030, any person who
violates the provisions of this section shall he subject to enforcement under
n r h r 1.12.
lBrief Description]- Page 2
ORDINANCE 23-2250 Amending City Code
Chapter 9.22 of Title 9
Final Audit Report 2023-10-25
Created:
BY:
Status:
Transaction 10:
2023-10-25
Araceli Alejandre (aracelia@cupertino.org)
Signed
CBJCHBCAABAACR3Xyn76ihoCb0yPW7PqEkTLva-ht3V
"ORDINANCE 23-2250 Amending City Code Chapter 9.22 of Titl
e 9" History
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STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, KIRSTEN SQUARCIA, City Clerk and ex-officio Clerk of the
City Council of the City of Cupertino, California, do hereby certify
the attached to be a true and correct copy of Ordinance No. 23-2250
which was enacted on October 17, 2023, and that it has been published
or posted pursuant to law (G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and
seal this 26th day of October 2023.
____________________________________________
KIRSTEN SQUARCIA, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California