HomeMy WebLinkAbout2006/08/22 Item 3
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ORDINANCE NO. ~~~
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AMENDING MUNICIPAL CODE 15.20 A~rABLlSHING MUNICIPAL
CODE 5.39 REQUIRING HOTELS AND MOTELS TO HAVE A PERMIT
TO OPERATE
WHEREAS the City of Chula Vista is committed to the health, safety and welfare of its
residents; and
WHEREAS it is also a high priority of the City Council to provide for the health, safety
and welfare of visitors to the City; and
WHEREAS hotels/motels can have disproportionately high rates of police and
emergency calls for service, violence, prostitution and drug activity which can have a
negative impact on health, safety and welfare of the community; and
WHEREAS there is no common set of operating standards within the hospitality industry
that defines and shapes the obligation of hotel and motel businesses to their guests and
the surrounding community; and
WHEREAS it is the intent of the City Council to proactively establish local health, safety
and welfare standards for hotels/motels in the City of the Chula Vista that will help
create a vibrant and robust environment for the enjoyment of its tourists, visitors,
residents and businesses.
NOW THEREFORE the City Council finds and determines that it is important for the
health and safety of visitors to the City of Chula Vista that hotels/motels in the City meet
the minimum operational standards of the City and to require hotel/motel operators to
obtain an annual Permit to Operate to ensure that these standards are being adhered
to and does hereby ordain:
SECTION I That Chapter 15.20 of the Chula Vista Municipal Code is hereby amended
to read as follows:
Chapter 15.20
HOUSING CODE*
Sections:
15.20.001 Severabilitv
15.20.002 Definitions
15.20010 Califomia Housing Code 1998 Edition and Uniform Housing
Code 1997 Edition adopted by reference.
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15.20 020 Sedr. ",.1 amended to designate assistant director of
building a' " 'ng as building official.
15.20.030 Section 203.1~ed to designate board of appeals and
advisors as housing advisory and appeals board.
15.20.040 Section 304 added to require annual housing permit.
15.20.050 Section 305 added to require housing permit fees to be set by
city's master fee schedule.
15.20.060 Section 306 added to require suspension or revocation of
annual housing permit where operation is nonconforming.
15.20.070 Hotel/motel- Permit to Ooerate
15.20.080 Hotel/motel - Guestroom - Minimum reouirements.
. For statutory authority for cities to adopt codes by reference, see GOY Code 9 50022.1,
et seq.. for statutory adoption of building codes and other codes to apply as housing
construction reguiations throughout the state, see Health and Safety Code 9 17922.
prtor legislation: prtor code 9916A.1, 16A.3, 16A.5, 16A6 and 16A.7; Ords. 1357,
1594,1606,1735 and 1817
15.20.001 Severabilitv.
It is declared to be the intention of the city council that the sections. oaraoraohs.
sentences. clauses and ohrases of this code are severable. and if any ohrase. clause,
sentence. oaraoraoh or section of this code shall be declared unconstitutional by the
valid iudoment or decree of a court of comoetent iurisdiction. such unconstitutionality
shall not affect anv of the rema/nino ohrases. clauses, sentences. oaraoraohs and
sections of this code. (Prior code & 1.5\.
15.20.002 Definitions.
For the ouroose of this chaoter. unless otherwise exoresslv stated. the followino words
and phrases shall have the meaninos resoectivelv ascribed to them by this section:
A. "Guestroom" means a sleeoino room in a hotel/motel desioned and intended to be
used as lodoino for transient visitors to the city as documented by the city buildino
official or his desianee.
B. "Hotel/motel" means anv buildino or orouo of buildinas or facility. containino six or
more ouestrooms. which is occuoied or intended or desianed for occuoancv bv
transients for lodoino or sleeoino ourooses for thirty days or less and is held out as such
to the oublic. "Hotel/motel" does not mean any hosoital. convalescent home or
sanitarium:
C. "Residential rental unit" means an aoartment house. lodoino house. or dwellino
that is not owner occuoied:
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D. "Toilet Room" means a room that can be made erivate bv lockina a door that
contains a toilet and shall comelv hall ways with the California Buildino Codes in effect
uoon its construction. Toilet rooms mavalso contain lavatories. bathtubs or showers.
E. "Transient" as defined in CVMC Section 3.40.020
15.20.010 California Housing Code 1998 Edition and Uniform Housing Code 1997
Edition adopted Qy reference.
There is hereby adopted by reference that certain document known and designated as
the California Housing Code 1998 Edition and Uniform Housing Code 1997 Edition as
copyrighted by the International Conference of Building Officials. Said document is
hereby adopted as the housing code of the city of Chula Vista, California, providing for
the issuance of housing permits and providing the mlnirnum requirements for the
protection of life, limb, health, property, safety and welfare of the general public and the
owners and occupants of residential buildings in the city of Chula Vista, and the
regulations, provisions, penalties, conditions and terms of said California Housing Code
1998 Edition and Uniform Housing Code 1997 Edition are hereby referred to, adopted,
and made a part hereof, as though fully set forth herein, excepting such portions as are
hereinafter deleted, modified or amended.
(Orc!. 2784-8 ~ 1, 1999; Ord. 2645 S 1, 1995; Orc!. 2510 S 1, 1992; Orc!. 2344 S 1, 1989;
Ord. 2159 S 1, 1986; Ord. 2046 ~ 1, 1983).
15.20.020 Section 201.1 amended to designate assistant director of building
and housing as building official.
Section 201 1 of the Uniform Housing Code, as it applies in Chula Vista, shall
read as follows:
Section 201 1 Authority The bunding officlalls hereby authorfzed and directed to
enforce all the provisions of this code. For such purpose, the building official shall
have the powers of a law enforcement officer
The building official shall have the power to render interpretations of this code
and to adopt and enforce rules and regulations supplemental to this code as may
be deemed necessary in order to clarify the application of the provisions of this
code. Such interpretations, rules and regulations shall be in conformity with the
intent and purpose of this code. The building official shall be the assistant
director of planning and building.
(Ord. 2784-8 g 1,1999; Ord. 2645 ~ 1, 1995; Ord. 2506 ~ 1, 1992; Ord. 2439 g 6, 19912; Ord. 2344 g 1,
1989; Orc!. 2046 g 1, 1983).
15.20.030 Section 203.1 amended to designate board of appeals and advisors as
housing advisory and appeals board.
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Section 203.1 of the Uniform Housing Code, and the title precedent thereto. as it applies
in Chula Vista. is hereby amended to read as follows:
Board of Appeals and Advisors.
Section 203.1 General. In order to provide for reasonable interpretation of the
provisions of this code, to m~igate specific provisions of the code which craate
practical difficulties in thair enforcement and to hear appeals provided for
hereunder, there is hereby established a board of appeals and advisors
consisting of seven members who are qualified by experience and training to
pass upon matters pertaining to building construction, use and occupancy of
residential structures. The assistant director of planning and building shall be an
ex-officio member who shall not be entifled to vote and who shall act as secretary
to the board. The board of appeals and advisors shall be appointed by the mayor
and confirmed by the city council. The board shall render all decisions and
findings in writing to the assistant director of planning and building with a
duplicate copy to the appellant Appeals to the board shall be processed In
accordance w~h the provisions contained in Section 1201 of this code or in
accordance with such procedures as may be prescribed by the city attomey of
the city of Chuia Vista. The decision of the board is final. The board of appeals
and advisors shall recommend to the city council such new legislation deemed
necessary to govern construction, use and occupancy of residential structures, in
the city of Chula Vista.
(Ord. 2784-8 S 1, 1999; Ord. 2645 S 1, 1995, Ord. 2510 S 1, 1992; Ord. 2344 S 1,
1989).
15.20.040 Section 304 added to require annual housing permit.
Section 304, and the title precedent thereto, is added to the Uniform Housing
Code, as it applies in Chula Vista, which section shall read as follows:
Annual Housing Permit.
Section 304 1 It shall be unlawful for any person, firm, partnership, or
corporation, either for himself or Itself, or for any other person, firm, partnership,
or corporation to own or operate an apartment house, lodging house or
hotel/motei without first Obtaining a housing permit therefor
Section 304.2 The annual housing permit provided for In this code shall be due
and payabie to the city of Chula Vista on the first day of January of each year in
advance. The housing permit fee shall be paid concurrently with the business
license fee.
Section 304.3 If any person, firm, partnership or corporation commences the
operation of an apartment house or hotel/motei during the calendar year, the
housing permit shall be prorated on a quarterly pro rata basis for the caiendar
year
Section 304 4 A permil to operate and maintain an apartment house or
hotel/motel is not transferable.
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(Ord. 2784-8 ~ 1,1999; Ord. 2645 ~ 1, 1995, Ord. 2510 S 1, 1992; Ord. 2506 ~ 1,
1992; Ord. 2344 S 1, 1989; Ord. 2159 ~ 1, 1986; 2046 ~ 1, 1983).
15.20.050 Section 305 added to require housing permit fees to be set by
city's master fee schedule.
Section 305, and the title precedent thereto, is added to the Uniform Housing
Code, as it applies in Chula Vista, which section shall read as follows:
Housing Permit Fees - Residential rental units, Apartment Houses, Lodging
Houses, Hotels and Motels.
Section 305.1 The fee for a housing permit required by Section 304 of this code
shall be as presently designated, or as it may hereafter be amended, as set forth
in the master fee schedule of the city of Chula Vista.
For the purpose of this section, a 'unit" shall mean each rental dwelling in an
apartment house, each sleeping room in a hotel, motel, and lodging house, and
each apartment and each hotel/motel sleeping room in a building containing both
apartments and hoteVmotel sleeping rooms.
Separate residential rental units and separate hotel/motel building!, or
combination thereof, located upon a single parcel of land or contiguous parcels of
land, under the same ownership, shall be treated as one apartment house, or
hotel, for the purpose of computing the fee prescribed by this section.
Section 305.2 Penalty for Delinquent Payment. If the housing permit is not paid
on or before the thirtieth day of the month following the date when it became due,
then a penalty in an amount equal to twenty-five percent of the permit fee due
and payable shall be added thereto, and no such permit shall be issued until
such penalty has been paid.
Section 305.3 The assistant director of planning and building shall cause to be
made such inspections, at such Intervals, as shail be deemed necessary to
insure compliance with the provisions of this code.
(Ord. 2784-8 ~ 1,1999; Ord. 2645 S 1, 1995, Ord. 2510 ~ 1,1992; Ord. 2344 ~ 1,1989;
Ord. 2159 ~ 1,1986; 2046 ~ 1, 1983).
15.20.060 Section 306 added to require suspension or revocation of annual
housing permit where operation is nonconforming.
Section 306, and the title precedent thereto, is added to the Uniform Housing Code, as it applies
in Chula Vista, which section shall read as follows:
Suspension and Revocation of Housing Permit.
Section 306 Whenever it is found that any apartment house, lodging house, hotel
or motel is not being conducted In conformity with this code, the annual housing
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penn it to operate shall be subject to revocation or suspension by the building
official.
(Ord. 2784-8 ~ 1, 1999; Ord. 2645 ~ 1,1995, Ord. 2510 ~ 1, 1992).
15.20.070 Hotel/motel- Permit to ODerate.
In addition to the reQuirements of CVMC 15.20.060. hotel/motels must have a Permit to
Ooerate as reQuired bv CVMC Chapter 5.39.
15.20.80 Hotel/motel- Guestroom - MInimum reaulrements.
No person or hotel/motel mav offer for rent. use. or occupancY anv Questroom that
does not meet or exceed the followina minimum eQuipment and amenities:
A. An American standard double size mattress or laroer made with 100% new material
restino on a box sorina and suooor!ed on a frame or pedestal and maintained in a sanitarv.
nondefective condition:
B. Clothes closet with clothes rod:
C. Luooaoe rack or luooaae suooor! counter:
D. Toilet room:
E. Lavatarv:
F. Bathtub or shower:
G. Heatina and air conditionino under ouest control:
H. Mirror securelv attached to a wall and witl1 minimum dimensions of 12" x 12":
I. Securitv dead bolt on the entrv door inconooratina no soeclal knowledae oanic release
hardware and in comolJance with Cal~omja Code of Civii Procedures Section 1941.3:
J. Solid core entrv door securelv mounted w~hin ~s frame:
K. Doorouard constructed of solid brass or stainless steel:
L. Door viewer with 160. view In all directions installed In the aueslroom entrv door:
. Exceotion:
1 Sidelioht or window in close oroximitv to the door is also acceotable.
M. Twenlv-four (241 hour free emeroencv teleohone access to the front desk and to 911
services:
N. A rate schedule for services oosted in each oueslroom in a consoicuous o/ace In
comollance with Camomla Code of Civil Procedures Section 1863:
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0, Insect screens on all ooerable windows:
P. Functional lock/no mechanisms on all ooerable windows and slidino olass doors In
comoliance with California Code of Civil Procedures Section 1941.3:
Q, Window coverinas on each transoarentlv olazed window that orovlde for comolete orlvacv
when closed and that are free of holes. tears, and fraved areas. defined as in excess of a 1
Inch souare combined total area. and that meet the California Title 19 reaulrements for fire
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SECTION II. That Chapter 5.39 of the Chula Vista Municipal Code is hereby
established to read as follows:
5.39.020 Severability.
It is declared to be the intention of the city council that the sections, paragraphs,
sentences, clauses and phrases of this code are severable, and if any phrase, clause,
sentence, paragraph or section of this code shall be declared unconstitutional by the
valid judgment or decree of a court of competent jurisdiction, such unconstitutionality
shall not affect any of the remaining phrases, clauses, sentences, paragraphs and
sections of this code.
5.39.030 Definitions.
For the purpose of this chapter, unless otherwise expressly stated, the following words
and phrases shall have the meanings respectively ascribed to them by this section:
A. "Calls for Service" includes but is not limited to any and all calls to emergency
services, (police, fire, medical) that result in a representative being dispatched or
directed to the hotel/motel. This shall include any calls for service within the surrounding
neighborhood that, through infonnation or investigation, can be traced to the hotel/motel
staff and or registered guest(s) and/or visitor(s). Calls for service includes any self
initiated activity and/or investigation based on the observation(s) of an emergency
services representative.
B. "Drug-related arrests" include, but are not limited to, those that involve the
manufacture, cultivation, importation into the state, transportation, possession,
possession for sale, sale, fumishing, administering, or giving away, or providing a place
to use or fortification of a place involving, any controlled drug, narcotic or drug
paraphemalia.
C. "Guest" shall mean any person that occupies a guestroom.
D. "Guestroom" shall mean a sleeping room in a hotel/motel designed and intended to
be used as lodging as documented by the city building official or his designee.
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E. "Guestroom minimum requirements" shall mean those requirements as set forth in
CVMC 15.20.
F. "Hotelfmote'" means any building or group of buildings or facility, containing
six or more guestrooms, which is occupied or intended or designed for
occupancy by guests for lodging or sleeping purposes and is held out as such to
the public. "HoteVmotel" does not mean any hospital, convalescent home or
sanitarium.
G. "HoteUmotel operation" means the occupancy of any guestroom or use of
any hotel/motel facility regardless of compensation or remuneration.
H. "Kitchen" shall mean a discrete area completely separate from the bathroom and
toilet room, containing a sink, refrigerator, and cooking appliance.
I. "Manager" means any person who, in connection with the activities of a hoteVmotel,
manages the business's operations, including but not limited to the collection of rental
charges, issuing of keys, direction of maintenance personnel, assigning of rooms to
guests, and handling guest affairs and overseeing security The term shall also include
Resident Manager and Assistant Manager.
J. "Operator" means any person, who is the proprietor of any hoteVmotel, whether in
the capacity of owner, lessee, receiver, sublessee, franchisee, mortgagee in
possession, manager or agent of any of the aforementioned, who offers and accepts
payment for rooms, guestrooms, sleeping accommodations, or board and lodging, and
retains the right of access to, and control of, the dwelling unit.
K. "Owner" shall mean any person, firm, association, partnership, or corporation, which
is the record owner of real property as listed on the last equalized assessment roll as
maintained by the San Diego County Assessor. It shall also mean any part owner, joint
owner, or lessor of the whole or part of the land or buildings situated thereon.
L. "Person" shall mean any natural person, firm, partnership, corporation, receiver,
trustee, estate trust, business trust, organization, or association.
M. "Prostitution-related arrests" include, but are not limited to, those that involve
prostitution or prostitution-related crimes such as, pimping or pandering, in violation of
Section 647(b), 315, 316, 653.22. and 653.23 of the California Penal Code.
N. "Toilet room" means a room that can be made private by locking a door that
contains a toilet and shall comply in all ways with the Califomia Building Codes in effect
upon its construction. Toilet rooms may also contain lavatories, bathtubs or showers.
5.39.040 Permit to Operate - Application deadline and fee.
The annual permit to operate shall be applied for to the City Manager, or his designee,
on a yearly basis by the operator of each hotel/motel. The deadline for submitting the
application shall be November 1, or, if this date falls on a Saturday or Sunday, on the
next business day of the City of Chula Vista. The application shall be submitted with a
processing fee, as identified in the City's master fee schedule. The permit shall be
issued or denied within 60 days. The first operating permit will be required as of January
1, 2008, and on a yearly basis thereafter.
In the event that a new hotel/motel operator applies for a permit during the year prior to
November 1 , the permit will be issued or denied within 60 days. Any subsequent permit
may be applied for on November 1 of the following year and issued or denied within 60
days.
5.39.050 Permit to Operate - Application required - Contents.
All persons applying to the City Manager, or his designee, for a permit to operate a
hotel/motel shall file with the city Chief of Police, or his designee, a swom application
with processing fee therefore on forms provided by the city and containing information
as follows:
A. Business license in accordance with Chapter 5 13 "Rental Businesses."
B. The name of the applicant and trade name, if any, of the business; the name of the
corporation and the name and address of its agent for service;
C The business name, address, and phone number of the hotel/motel, and the
emergency contact phone information for the hotel/motel.
D. The number of toilets in the hotel/motel.
E. The number of kitchens in the hotel/motel.
F. Proof of liability insurance, if applicable, including the carrier, policy number, agent's
name, address and phone number or a statement of self-insurance.
G. Annual inspection report, on the form(s) provided by the City, by an Environmental
Health Specialist registered with the Califomia Department of Health Services, certifying
that the facility is in compliance with Califomia public health requirements.
H. Transient occupancy tax bond if required by the city finance director. See Chapter
3.40.
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Any material misrepresentation in the application for the Permit to Operate a hotel/motel
or a failure to provide the required information shall be grounds for denial.
5.39.060 Permit to Operate - Grounds for Denial.
The permit to operate may be denied for any of the following reasons:
A. The applicant is unable to establish a degree of financial responsibility required
by CVMC Chapter 3 40 "Transient Occupancy Tax" or has an outstanding debt to
the city incurred under Section 3.40.090.
B. The hotel/motel property has an unabated Notice of Violation, in excess of thirty
(30) days, of the City Municipal Code that cites violations of the State of
Califomia Housing Law
C Such other relevant facts as the chief of police, or his designee, may discover or
deem advisable or necessary in the course of the review of the application, such
as:
a. Drug-related arrests
b. Prostitution-reiated arrests
c. Calls for service
D Non-compliance with federal, state, and City Municipal Codes.
5.39.070 Permit to Operate - Denlal- Appeal Hearing.
Whenever the City denies a Permit to Operate for a hotel/motel, as provided in this
chapter, the owner or operator of said hotel/motel shall have a right to a hearing to
appeal the denial in accordance with CVMC Chapter 1 40
5.39.080 Permit to Operate - Display.
The operator shall display the Permit to Operate in an open and conspicuous place on
the premises.
5.39.090 Permit to Operate - Non-transferability.
Each Permit to Operate issued pursuant to CVMC 5.39.030 through 5.39.170 shall be
separate and distinct from all others and shall not be transferable from the person, firm
or corporation to whom issued to any other person, firm or corporation. (Ord. 886 ~ 1,
1964, prior code ~ 31.54).
When a change of operator occurs at an existing hotel/motel, the new operator shall
apply for a Permit to Operate within 10 business days of opening of escrow If the prior
operator's Permit to Operate for the hotel/motel was denied or revoked, a provisional
Permit to Operate may be issued with special conditions designated by the Chief of
Police or his designee.n
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5.39.100 Permit to Operate - Report of changes to the application.
Whenever an owner sells or transfers title to, or assigns the lease of or
subleases, a hotel/motel, then the owner shall notify the city manager in writing
within five (5) business days of such transfer
Every operator of a hotel/motel shall report any change in the information
required by CVMC 5.39 030 through 5.39.170, including but not limited to any
change in the manager(s) and/operator(s) and/or owner(s) as defined in Section
5.39.030 fF1ill, fGtW, tI=I1l!9 to the chief of police in writing within five business
days after the change has occurred. A change in the information on the
application is subject to review by the chief of police and may be grounds for
suspension or revocation of the Permit to Operate.
5.39.110 Permit to Operate - Revocation
The annual permit to operate shall be subject to revocation by the City Manager,
or his designee, and/or Chief of Police, or his designee, upon good cause shown
that the operation of the hotel/motel is such that it is or has negatively impacted
the health, safety and/or welfare of its guests or the residents or businesses of
the neighboring community by any of the following:
A. Non-compliance with Federal, State, and City Municipal Codes
B. Drug-related arrests
C Prostitution-related arrests
D Calls for seNice
E. Any other conditions, problems, issues, concerns or facts that are
deemed relevant.
In processing a revocation the Chief of Police, or his designee, shall
prepare an investigation report that details the circumstances that have
lead to the revocation. It may include any or all of the following that are
applicable:
1 Frequency or occurrence of violation(s), arrest(s), call(s) for
seNice,
2. Seriousness of the violation(s), arrest(s), call(s) for seNice;
in relation to its threat or impact upon public health, safety or
welfare,
3. History of the violation(s), arrest(s), call(s) for seNice;
4 Good faith efforts taken by the responsible party to correct,
reduce and or alleviate violation(s), arrest(s), call(s) for seNice;
5. Any activity, action or effort taken by the responsible party
to obstruct or interfere with correction of the problem;
6. The impact of the violation(s), arrest(s), call(s) for seNice;
on the surrounding property and community;
7 The financial impact to the City
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5.39.120 Notice of Hearing
Upon good cause shown in the Revocation Investigation Report issued by the
Chief of Police, or his designee, the City Manager, or his designee, shall issue a
Notice of Hearing for Revocation of Permit to Operate in accordance with CVMC
1.40.030 and shall schedule a hearing before the hearing examiner in
accordance with CVMC 1 40.020 (8).
5.39.130 Notice of Revocation of Permit to Operate
Upon confirmation and final decision issued by the hearing examiner, the Chief of
Police, or his designee shall, in addition to the requirements of CVMC 1 40.020
(H), post a copy or copies of the Notice of Revocation of Permit to Operate at the
hotel/motel.
5.39.140 Notice of Revocation of Permit to Operate - Removal or Tampering
with Posted Notice
A posted Notice of Revocation of Permit to Operate may only be removed by an
authorized City official. Any removal, covering, defacing, altering or tampering by
unauthorized person(s) may be prosecuted as a misdemeanor.
5.39.150 Permit to Operate - Surrender following revocation.
Whenever a Permit to Operate has been revoked by the City, the operator of the
hotel/motel for which such permit was issued shall surrender such permit to the
city forthwith. The hotel/motel operation shall cease within 72 hours of the
posting of the Notice of Revocation of Permit to Operate in accordance with
CVMC 5.39.140.
5.39.160 Permit to Operate - Reissue after revocation.
A Conditional/Permit to Operate that is revoked shall not be reissued for a period
of three (3) years from the date of such revocation.
5.39.170 Violation - Penalty.
It is unlawful to operate a hotel/motel without a valid Permit to Operate or to fail
to comply with any of the requirements established by this chapter Violations of
this section shall be subject to enforcement by any and all remedies listed in Title
1 of the Chula Vista Municipal Code, including a fine of up to $1,000 and/or six
months in the county jail.
SECTION III. This Ordinance shall take effect and be in full force on the thirtieth
day from and after its adoption.
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Richard Emerson -.l
Chief of Police
erry
Chief of Fire
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Ann Moore r
City Attomey
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