HomeMy WebLinkAboutRESO 4797•
. ' • • ORIGINAL
RESOLUTION NO. 1797
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
APPROVING COMPLIANCE STANDARDS FOr. CHAPTER 4.15
OF TW:.: PALO ALTO MUNICIPAL CODE
WHEREAS, Ordinance No. 2709 of the Council of the City of
Palo Alto adds Chapter 4.15, concerning the owning and managing
of apartment complexes, to the Palo Alto Municipal Code and is
due to become totally effective on August 3, 1973; and
WHEREAS, Section 4.15.140 of said chapter specifies that
the City Manager is authorized to devise, promulgate, and en-
force reasonable standards for compliance with the provisions
of said chapter1 and
WHEREAS, said Section 4.15.140 further· specifies that the
compliance standards shall be approved by the Human Relations
Commission and adopted by resolution of the Council; and
WHEREAS, compliance standards formulated by the City Manager
were approved, as amended, by the Human Relations Commission on
June 21, 1973; and
WHEREAS, said compliance standards were approved, as amended,
by the Council of the City of Palo Alto on June 25, 1973, said
compliance standards being attached hereto as EXHIBIT •A,•
entitled "City Manaqer's Regulations,• and by reference incor-
porated herein as though fully set forthr
NOW, THEREFORE, the council of the City of Palo Alto does
RESOLVE as follows:
SECTION l. The Council of the City of Palo Alto hereby does
adopt the compliance standards set forth in EXHI&IT "A."
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SECTION 2. In accordance with the proviaiona of Ordinance
No. 2709, the City Manager hereby is authorized to promul9ate
and enforce said compliance standards.
INTRODUCED ANO PASSED: July 16, 1973
AYES: Clay, Comstock, Henderson, Pearson, Sher
NOES: Beahrs, Berwald, Norton
ABSENT s Rosenbaum
ATTEST~·~ ~~ city)~ r
Drector of
Inapectional Services
APPRO~··"'u\ l 1 {---.... . ...,.
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July 12, 1973
HONORABLE CITY COUNCIL
Palo Alto~ California
•
Apartment L:'.censing Program: City Manager's Regulations
Members of the Council:
At the June 25, 1973 meeting, the Council reviewed and approved, as
amended, the suggested City Manager's Regulations far the Apartment
Lic;·nsing Program. The attached resolution incorporates the changes
to the regulations which were recommended by the Human Relations
Commission and which were marie during the June 25 Council meeting.
Adoption of the regulations by resolution is Tequited by Section
4.15.140 of the ordinance.
Respectf11lly submitted,
ALEC ANDRUS
Acting Community Relations Coordinator
cJ~ t. uJ iJla
CHARLES E. 'WALKER
Assistant City Manager
Attachments
CMR:817:3
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CITY MANAGER'S REGULATION3
-Advertising Rentals
1. Continuous advertising in a newspaper or posting of a rental sign
or the like which does not tend ~o create the impression that a
dwelling unit presently is available for rent, lease, let. or hire
or will b~ so available in the very near future is not a prima
facie violation of Sec~lon 4.15.120.
2. Noncontinuous advertising in a newspaper or the like which is
withdrawn from publication as soon as possible after the adver-
tised dwelling unit is no longer available is not a prima facie
violation of Section 4.15.120.
Apartment Manage~
1. A licensed apartment manager who delegates management responsi-
bilities to his subordinates must reta~.n and exercise meaningful
ultimate control and authority over such responsibilities.
2. If there is any question as to whether an applic~nt for an apart-
ment manager license is the actual apartment manager. then the
applicant shall furnish the City the following infort!lation upon
request:
a) The management duties of the applicant.
b) The duties of any other person involved in the
management process, including the owner, and a
copy of the management agreement bet~een them,
if any.
c) Any other relevant information.
J. If there is insufficient time prior to the assumption of the duties
of an apartment manager for an apart~ent manager to obtain his
apartment manager license, then the unlicensed apartment manager
may be employed on the condition that he applies for such license
at least within five (5) days after the assumption of such duties.
4. When an apartment complex is under construction or alteration and
reaches the point in time when advertising or pc~ting of rental or
leasing information is made and applications or dc;losits are
accepted from future tenants 1 then there must be a licensed apart-
ment manager for the complex.
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Clarification/Definition
Dwelling Unit
"Dwelling Unit" means·one or more rooms which·are occupied, or intcn-:ie;d or
designed to he occupied, by one family with facilities for living, sleeping,
cooking, and eating.
1. A hotplate or similar cooking device is considered to be a facility
for cooking.
2, Hotel rooms, motel rooms, or the like which meet the def:fnition of
a dwelling unit are not deemed to be dwelling units unless they are
offered for rent, let, lease, or hire for one week or tnore.
Family
"Family" mea~s one or more persons living as a single housekeeping unit,
1. Conformance to the definition of "family" in Section 4.15.010(4)
does not validate an otherwise illegal living group under other
sections of the Palo Alto Municipal Code.
Violation of Law .
A violation of any provisions of Chapters 4.05 or 4.15 of the Palo Alto
M•mic.ipal Code .is a misdemeanor with a maximum penalty of $500 or six
months in jail or both.
Informational Apartment Sign Posting
General Provisions
Shall apply to all conditions listed:
1. A minimum of one approved City in~on.~ationa~ sign shall be displayed at
each apartment complex.
2. Every sign shall be posted in a conspicuous place at a height where it
can be readily seen by a person sitting or standing.
3. The sign shall be maintained so that all printed information is clearly
legible. All defaced, marred, faded or damaged signs shall be
replaced immediately.
4. Accessibility to the sign shall be maintained in a clear and safe
condition at all times,
5. The business hours designated on the informational sign, if any, must
be those in which the apartment manager normally transacts business
for the apartment complex.
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6, The City "1ill provirle one (1) sign free to all complexes. A.:ldtional
or replacement signs cc.n be purchased at cost ($2.50 each) at the C:ity
Treasurer's Office, 250 Hamilton Avenue, 8 AM -5 PH M:mday through
Friday.
Posting of signs
1, Rental Office on Premises. .If the apartment ~ompleX maintains one
or mor~ rental office(s) on th~ premises and/or at another location,
a sign shall be posted inside the office(s).
2. Rental Office Separate from Apartment Compl~, If the rental office
or off ices are maintained at a location other than at the apartment
complex, one (1) sign shall be posted in that office and one (1) or
more signs posted at the apartment complex as required in Condition
3 or Condition 4, whichever is applicable,
--3, Resident Manager at Apartment Complex. If there is not a separate
rental office within the apartment complex but a resident manager,
be it the owner or a manager employed by the owner who occupies a
unit in the complex. then the sign shall be posted outside of,
and next to the main entrance of the dwelling unit of the resident
apartment manager or each manager if there is more than one. When
the resident apartment mavager's unit is not readily identifiable,
then the sign may be posted as required under Condition 4,
4, No Resident Manager. If· there is not a resident manager or a rental
office ~~intained at the apartment complex, the sign shall be posted
adjacent to or in the general area of the city street house numbers
as required by Section 16.36.010* of the Palo Alto Municipal Code.
However, if there is one or more obvious main entrances to the apart-
ment complex from ~hich the house numbers are not visible or the
sign is difficult to see, then a sign muse be posted at each such
entrance.
5. If an informational sign is requi~ed to be posted at every obvious
entrance to an apartment complex with several entrances or consisting
of several separate dwelling units, then the Department of Inspectional
Services may authorize the sign(s) to be posted only during the
periods when one or more dwelling units in the apartment co~,lex are
available for rent 1 lease, let, or hire, on the following conditions:
a) The authorization is desirable to prevent an excessive number
of informational signs.
b) The authorization is desirable to ~inimize the visual impact of
the signs on the public, given the configuration of the apart-
ment complex and the type of neighborhood in which the apartment
complex is located.
c) A copy of the substance ~f the sign must be given to each
applicant by the apartment manager.
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6. Unusual Conditions,· For unusual conditions or when in doubt on
where to post the information sign. contact the Depart~ent of
lnspectional Services, 329-2496 for assistance prior to posting
the sign.
* Section 16.36.010 -"Placing of Numbers on Buildings and Curbs. All
entrances from the public streets of the City oi Palo Alto buildings
fronting thereon shall be numhered as provided in this chapter. The
numbers shall be placed upon, or itn!llediately above or to one side of
~he door or gate or post of such entrance or shall be otherwise
conspicuously located near said entrance so that the same shall be in
plain view. All numerals in the number shall be at least three inches
in r.etght and rlaced to read from left to right. (Ord. 2104,34.801,
August 27, 1962)."
Inquiry List
The person(s) DUking the inquiry may be requested, but not required, to
provide suitable identification to verify the information provided for
the inquiry list.
The inquiry list shall be typewritten, printed or written ligibly in ink
in the English language and shall be maintained on a form which permits
continuous listing starting ~ith August 3, 1973 through June 30, 1974 and
annually thereafter. Records shall be maintained on file for at least
two (2) years.
The inquiry list may be kept on any size ~~eet of paper or card from a
minimum size of 3" x 5" to a maximum size of 8-1/2 1
• x 13". All of such
sheets or cards must be kept together in consecutive ordar by date.
The inquiry list shall be open to review by the City during normal
business hours (8 AM -5 PM, Monday through Friday) or must be presented
at the Department of Inspectional Services as required for other reco~ds.
The City will be permitted to make the inquiry list available to other
parties during official investigations of complaints or during hearings
on court appearances,
Records on Available Dwelling Units
Official records required by ordinance shall be maintained commencing
August 3, 1973.through June 30, 1974 and on an annual basis thereafter,
All records shall be typewritten, printed or written legibly in ink in
the English language and all records shall be maintained on file for at.
least two (2) years.
·Th~ records on available dwelling units may be kept on sheets of paper
or cards from a minimum size of 8-i/2" x 11 11 to a maximum size of 8-1/2 11 x
13 11
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Methods of Keeping Records
Records may be maintained in two formats.
1. A continuous listing by <late of dwell1ng units and of the action
taken and how that particular unit relates to the eleven (11)
required criteria listed in the ordinance plus those the owner or
managers normally use in the selection or screening of tenants.
2. A separate master sheet may be used to list conditions of renting
that pertains to all units in the apartment complex.
In conjunction with the master sheet a separate availability listing
of dwelling units shall be maintained continuously by date. The
listing shall include those conditions required by ordinance that
are not covered by the master sheet for all units. In all cases .the
owner or manager should also list other conditions they normally use
in the.screening and selection of tenants.
3. In the event that the current method used to maintain apartment
records does n~t adapt to the above methods, please phone 329-2496
so we can assist you in working out the necessary changes.
At the top of each sheet, card or on a separate cover sheet, a cap~ion
stating "Discrimination is Illegal -Rental standards for tenants must
be applied equally to all applicants, No person may be denied the right
to rent property because of race, color, creed, religion or nat:onal origin,"
Before making records on available dwelling units available to any person
for inspection, copying, or summarizing, the person making che request
may be required to slgn the inquiry list giving his name, &ddress and
phone number.
The manager or his agent may further require the person or persons making
the request to show normally accepted identification such as a valid
driver's license, credit cards, etc. to verify the name given. If such
a request is not honored, the manager or his agent may refuse to make the
records available.
Inspection of the records on available dwelling units may be refused to
any one person who already has inspected the records twice the same day or
five times in the preceding five days. With the prior written approval
of the City Manager or his representative, permission to inspect such
records may be refused to any person, group of persons, or organization
shown to be unreasonably bothersome or annoying concerning such inspections.
Only those portions of the records showing currently available dwelling
units and dwelling units which were available in the preceding t~o (2)
weeks need to be shown to persons requesting to inspect the record£.
P~rsons wishing to inspect the records beyond the two week time period
must obtain written permission fron1 the City. Application forms will be
supplied by the City for this purpose which.must be filled out by the
person(s) making the request.
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Transportation of Records to the Civic Center
Upon notification from the City, the owner or m<inagcr must preseat the
complex records {including inquiry list) at the Department of Inspcctionnl
Services during normal· wor~ing hours at a time· and date specified for the
following purposes:
1, So the City can make the annual review of-records when the records
are not maintained at the licensed apartment complex •
. 2, For review during official investigation of complaints 9 hearings or
~ourt appearances, or other conditions which may require a review
of the records.
Tenant Selection Criteria List
For your conv~nience, a list of commonly-used criteria for selecting or
rejecting prospective tenants has been compiled by the City. You may
use this list in your records or compile your own list of criteria.
Whichever method is used, the list must contain all articulatory criteria
for tanant selection used at the particular apartment complex. It is
recognized that some selection factors which are not on the City's list
may not be thought of until you process a particular prospective tenant,
In such case, inform the prospective tenant that a new criteria is being
applied and add that criteria to the list.
Records to be Maintained on Available Dwelling Units
Items required by Ordinance 4.15:
1. The date the dwelling unit became available for rent and the date it
was entered on the list or record.
2. The address or apartment number.
3. A designation of its type, such as a studio apartment. a one-
bedroom apartment, or the like.
4. Any furnishings, appliances, and utilities supplied.
S. The Jate it will be available for occupancy.
6. The rental rate and ter!ll.
1. The amount and nature of any fees and deposits required.
8. Restrictions on the number or type of tenants.
9. ~ Restrictions on the number or type of pets.
10. Any condition precedent ~o its rental, such as a credit check, and
the estimated time required for fulfillments.
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