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4.2. SR 12-08-2008Item # 4.2. of ~~~ . ~~ aver MEMORANDUM TO: Mayor and City Council FROM: Jeff Gongoll, Community Development Director DATE: December 8, 2008 SUBJECT: Commercial Business Inspection Program Premise Establish a permit and inspection program for commercial rental properties that incur a change of occupant. Background Currently, the City does not inspect commercial rental properties regardless of any change in business occupancy (unless there are building modifications that require a regular building permit). Consequently, any change of business within a commercial rental property is neither listed nor inspected by the City. This has the potential to cause unsafe and unhealthy conditions for the customer and operator within commercial rental properties that have not been inspected. A recent example is that of a beauty salon that installed a pedicure station without a plumbing inspection. The tenant moved out and the space was rented by a new salon business that subsequently had plumbing problems. The new operator called the City about the plumbing issue. It was found that the initial pedicure operation was installed improperly which in turn was causing significant health and safety issues for the operator and their customers. Another example was the releasing of the former ABRA space on Carson Street to an automotive service operation (AJ's Automotive). The ERFD had to respond to a fire in that location due to welding fumes and flames that ignited some insulation. The Change of Occupant Certificate and inspection process will provide the ability to obtain a clearer understanding of the type of business operation that is intending to occupy the rental space. Further, these and other issues would have been rectified prior to the new tenant moving in. Recommendation 1. Establish an ordinance that provides for the permitting and inspection of a change of occupant within any commercial rental property in the City. 2. Establish a fee of $45 for the Change of Occupant Certificate. 3. A probable amendment or clarification to the City Code is needed to include "commercial buildings." Currently, Article III Housing Standards (Sec. 30-151 through 30-265), appears to be the only place where an inspection could be interpreted to include commercial buildings. However, the context is identified with "substandard buildings" only (Division 4. Substandard Buildings, and Division 5. Dwelling Unit Standards). 4. Bring back for Council review and approval.