Chapter 7.12 HOTELS AND MOTELS

7.12.010 Short title.

7.12.020 Purpose.

7.12.030 State statutes adopted--Enforcement.

7.12.040 Definitions.

7.12.050 Certificate of occupancy--Required--Application.

7.12.060 Certificate--Issuance.

7.12.070 Certificate--New.

7.12.080 Certificate--Fees.

7.12.090 Health permit--Required--Application.

7.12.100 Permit--Application investigation.

7.12.110 Permit--Issuance.

7.12.120 Permit--Fee.

7.12.130 Supplemental permit--Fee.

7.12.140 Permit--Expiration.

7.12.150 Permit--Failure to reapply.

7.12.160 Permit--Transfer.

7.12.170 Posting of certificate of occupancy.

7.12.180 Posting of permit.

7.12.190 Revocation.

7.12.200 Penalty for violations.

7.12.010 Short title.

This chapter shall be known as the “Hotel-Motel Ordinance.” (Ord. 306 § 1, 1966).

7.12.020 Purpose.

The purpose of this chapter is to provide regulations for the maintenance, sanitation, ventilation, use, occupancy, sanitation and safety of apartment houses, hotels and motels in the county in order to promote, protect and secure the public health, safety and general welfare. (Ord. 306 § 2, 1966).

7.12.030 State statutes adopted--Enforcement.

The provisions of the California Health and Safety Code, Division 13, Part 1.5 and the California Administrative Code, Title 8, Chapter 9, Articles 7 and 8, and the applicable articles pursuant thereto, are hereby adopted as a part of this chapter and are incorporated herein by reference. It shall be the duty of the department of public health to enforce all provisions of said Act pertaining to certificates of occupancy, permits to operate, maintenance, sanitation, ventilation, use, occupancy, or safety of all apartment houses, hotels or motels. (Ord. 306 § 3, 1966).

7.12.040 Definitions.

Except as otherwise provided in this chapter, all terms used in this chapter which are defined in the California Health and Safety Code, Division 13, Part 1.5 and the California Administrative Code, Title 8, Chapter 9, Articles 7 and 8, and applicable articles adopted pursuant thereto, are used in this chapter as so defined unless from the context thereof it clearly appears that a different meaning is intended.
A. “Apartment house” is any building or portion thereof containing three or more apartments or dwelling units as defined in this section.
B. “Auto court” and “resort” as used in this chapter, means any area, place, or tract of land where two or more single-family dwellings, or a building containing two or more apartments, designed, used, or intended wholly or in part for the accommodation of transients, are located and offered for hire, rent, or lease by any person, firm or corporation.
C. “Dwelling unit” is one or more habitable rooms which are occupied or which are intended to be designed to be occupied by one family with facilities for living, sleeping, eating and cooking.
D. “Hotel” means any structure, or any portion of a structure, including any lodging house, rooming house, 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, detention, or other building in which human beings are housed and detained under legal restraint.
E. “Motel” means a building or buildings each containing six or more guest rooms or apartments or combinations thereof, each of which has a separate individual entrance leading directly from the outside, and is designed, used, and intended wholly or in part, for the accommodation of transients. “Motel” also includes any auto court and resort. (Ord. 306 §§ l0-l7, 1966).

7.12.050 Certificate of occupancy--Required--Application.

Upon completion of any apartment house, hotel or motel, and prior to the use thereof, the owner or operator of the apartment house, hotel or motel shall make an application to the county department of public health for a certificate of occupancy, primarily designating the number of dwelling units and the number of persons permitted to occupy said units. The application shall be in writing upon the form provided by the county department of public health. (Ord. 306 § 30, 1966).

7.12.060 Certificate--Issuance.

No apartment house, hotel, or motel shall be used or occupied until the owner or operator has been issued a valid certificate of occupancy. (Ord. 306 § 31, 1966).

7.12.070 Certificate--New.

A new certificate of occupancy shall be obtained whenever there is a change in:
A. Occupancy classification of a building or portion thereof;
B. The number of apartments, guest rooms or units;
C. Ownership.
(Ord. 306 § 32, 1966).

7.12.080 Certificate--Fees.

A fee of ten dollars will be charged for each certificate of occupancy. (Ord. 306 § 33, 1966).

7.12.090 Health permit--Required--Application.

In addition to the certificate of occupancy provided for herein, each operator shall procure annually a permit issued by the county department of public health, authorizing such operator to operate such an apartment house, hotel or motel. Applications may be secured from the county department of public health. (Ord. 306 § 40, 1966).

7.12.100 Permit--Application investigation.

Upon receipt of an application for a public health permit filed pursuant to this chapter, the county department of public health shall make an inspection of the apartment house, hotel or motel and determine whether the same complies with this chapter. (Ord. 306 § 41, 1966).

7.12.110 Permit--Issuance.

No apartment house, hotel or motel shall be operated, maintained, or opened for commercial business without a valid permit being issued as herein provided. (Ord. 306 § 42, 1966).

7.12.120 Permit--Fee.

Prior to issuance of an annual public health permit there shall be paid to the county department of public health, a fee equal to one dollar for each apartment, hotel room or motel unit, provided that the public health permit fee for each apartment house, hotel or motel shall not be less than seven dollars and fifty cents per year. All such fees shall be paid in advance and no portion shall be rebated or refunded. (Ord. 306 § 43, 1966).

7.12.130 Supplemental permit--Fee.

Fees for supplemental permits issued for apartments, hotel rooms or motel units added after issuance of the regular permit shall be the same as the fees for the permit for that year for the units so added. (Ord. 306 § 44, 1966).

7.12.140 Permit--Expiration.

Permits issued pursuant to this chapter shall expire on December 31st following issuance. Application for the next ensuing calendar year must be made on or before November 1st of the preceding calendar year. (Ord. 306 § 45, 1966).

7.12.150 Permit--Failure to reapply.

Every person, firm or corporation having a permit as required under this chapter, who fails to reapply for such permit within the time prescribed in Section 7.12.140, shall, in addition to the required fee, pay the sum of fifty cents per unit before the issuance of the new permit. (Ord. 306 § 46, 1966).

7.12.160 Permit--Transfer.

A transfer of ownership or possession of an apartment house, hotel or motel operating under an existing valid permit may be made upon request for a new permit to operate, accompanied by a current certificate of occupancy, issued as prescribed in Sections 7.12.050 through 7.12.080. Failure to apply for transfer of permit upon change of ownership within thirty days of such transfer shall revoke the existing certificate and permit. (Ord. 306 § 47, 1966).

7.12.170 Posting of certificate of occupancy.

Every certificate of occupancy shall be kept posted in a conspicuous place in the office of each apartment house, hotel or motel for which it is issued. (Ord. 306 § 48, 1966).

7.12.180 Posting of permit.

Every permit shall be kept posted in a conspicuous place in the office of each apartment house, hotel or motel for which it is issued. (Ord. 306 § 49, 1966).

7.12.190 Revocation.

Any person, firm or corporation, or other legal entity violating any of the provisions of this chapter or any laws or ordinances incorporated within the provisions of this chapter shall be liable for the revocation of the certificate of occupancy and the health permit upon the determination of such violation by the county department of public health. An appeal from the decision of the county department of public health may be made to the board of supervisors within ten days of the written determination by the county department of public health. The application for the appeal must be in writing and specify the grounds upon which the appeal is made. (Ord. 306 § 50, 1966).

7.12.200 Penalty for violations.

The penalty for violations of this chapter shall be as prescribed in Chapter 1.12 of this code. (Ord. 378 § 2(part), 1973: Ord. 306 § 60, 1966).