Report Prepared by: Craig J. Cornwell, City Attorney
Title
SUBJECT: The First Reading of an Ordinance Adding a New Chapter 8.53 of the Merced Municipal Code to Create a Repeat Housing Code Violators Program
REPORT IN BRIEF
This Ordinance proposes a new Chapter 8.53 of the Merced Municipal Code to Create a Repeat Housing Code Violators Program to establish standards and procedures to penalize rental property owners who demonstrate a pattern of neglect, unresolved violations, or unsafe conditions for tenants to preserve rental housing supply within the City of Merced.
RECOMMENDATION
City Council - Adopt a motion:
A. Introducing and approving the first reading of Ordinance 2591, an Ordinance of the City Council of the City of Merced, California, Adding Chapter 8.53 of the Merced Municipal Code to create a Repeat Housing Code Violators Program; and,
B. Setting the Ordinance for a second reading and adoption.
Body
ALTERNATIVES
1. Introduce and approve first reading of the Ordinance as recommended by staff; or,
2. Provide direction on specific revisions to the Ordinance; or,
3. Request additional information; or
4. Continue the matter to a date certain; or
5. Decline to act.
AUTHORITY
Charter of the City of Merced, Section 200.
CITY COUNCIL PRIORITIES
As provided for in the 2025-26 Adopted Budget.
DISCUSSION
Ordinance 2591 reflects the City of Merced’s (“City) authority to regulate code violations, nuisances and property maintenance for public health, safety, and welfare reasons, aligning with applicable state law. These changes came about after discussion at the subcommittee level and then an agendized informational session at a City Council of the City of Merced (“Council”) scheduled meeting wherein initial input was sought from the entire Council and the public.
The Council recognizes that the maintenance and preservation of existing rental housing properties is of tremendous importance. Rental housing provides needed affordable housing for many and is an asset that must be preserved and maintained. The City has a significant interest in ensuring that safe and habitable rental housing remains a desirable housing option for its citizens.
Over time, rental housing often deteriorates due to intentional and unintentional neglect by property owners, managers, and tenants. This deterioration often results in substandard conditions that adversely affect the economic value of neighborhood structures and are hazardous to public health and safety. In some cases, property owners choose not to make the necessary repairs due to the associated costs. In other cases, the necessary repairs are not completed because tenants fail to report deficiencies out of a lack of knowledge or a fear of being evicted for doing so. In some instances, a small number of rental property owners have demonstrated a persistent pattern of neglect, violations, and unsafe housing conditions that burden tenants, neighborhoods, and City resources.
This ordinance seeks to strategically and fairly address the most egregious housing violators. The Merced City Council intends to establish standards and procedures to penalize rental property owners who demonstrate a pattern of neglect, unresolved violations, or unsafe conditions for tenants to preserve rental housing supply.
Upon adoption of this Ordinance, the City Council will need to consider and adopt a resolution establishing the administrative fines and penalties in accordance with this Ordinance.
ATTACHMENTS:
1. Repeat Housing Code Violators Program Ordinance 2591
2. Sample Notice of Designation-Repeat Housing Code Violator
3. Presentation