Section 9-5

Citation: Section 9-5
Parent Document: Rental Housing Owners Ass'n v. City of Hayward, 200 Cal. App. 4th 81 (2011)
Jurisdiction: California (state)
Effective Date: 2011-09-30
Original Source: https://www.courtlistener.com/opinion/5810638/rental-housing-owners-assn-v-ci... ↗

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Section 9-5.306 (Notice and Entry), on the other hand, does describe the specific circumstances under which owners may incur penalties in connection with notice and entry attendant to City inspections. First, section 9-5.306 provides: “The Owner or the Owner’s designated representative shall be present at the rental housing property at the time of the inspection. The time of the inspection shall be at the time indicated in the notice issued *95pursuant to this code, or the time that the inspection was properly rescheduled in accordance with the provisions of this code. Violations of this paragraph may result in a rescheduling fee.” (§ 9-5.306, as amended, italics added.) Second, section 9-5.306 provides: “An inspection may be rescheduled once by the Owner ... by giving notice to the Enforcement Officer at least five (5) calendar days prior to the scheduled inspection date. An inspection may only be rescheduled to a date within fourteen (14) calendar days of the previously scheduled inspection date. Violations of this paragraph may result in a rescheduling fee.” (Italics added.) Significantly, section 9-5.306 does not authorize the imposition of a penalty on the owner for a tenant’s noncooperation. Section 9-5.306 provides that a landlord may be sanctioned in only two circumstances in connection with notice and entry attendant to City inspections—(1) where the owner fails to appear for inspection, and (2) where the owner attempts to reschedule an inspection without requisite notice to the City. (See § 9-5.306.)

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