Buena Park is looking to crack down on what some city councilors call “bad actors,” who haven’t kept up with maintaining their rental properties.
The Buena Park City Council voted 3–2 April 25 to require some multi-family apartment complexes to be inspected by city code-enforcement officers in a three-year cycle.
Due to the split vote, the issue will be heard again at the council’s next meeting May 9.
Councilwoman Joyce Ahn and Mayor Art Brown were opposed, both saying they favored educational programs for at least a year before starting such a program.
“Our city staff have been working hard on trying to bring these bad actors into compliance,” Councilman Jose Castaneda, who agendized the motion, said during the meeting.
He referenced instances where property owners have cut off communications with enforcement officers, over alleged violations.
He said he brought the motion forth after receiving “legitimate concerns from community members.”
“I was fortunate enough to be invited inside homes to see it for myself. There are serious and egregious violations of building codes that we should not ignore that impact the health and safety of residents,” Castaneda said.
The program would cost the city around $90,000 per year and rental properties inspected would be required to pay an annual fee of $96.50 per unit.
About a dozen property owners in the city spoke against the proposed program during public comments, saying they already conduct their own routine inspections.
Frank Alvarez, who is the immediate past president of the Apartment Association of Orange County, said he would like to see the city work closer with programs already offered by the association, including what it calls the Fair Housing Foundation, which offers landlord training on fixing property concerns and provides resources to tenants of their rights and obligations.
“The Apartment Association of Orange County has great proven programs … We have tons of professional instructors who come here to teach, and I just ask that you partner with us to be able to deliver the education both the residents and the landlords require,” he said.
The city will provide information about the foundation to owners and tenants, before conducting their inspections, according to a staff report.
Violations city inspectors would be looking for include excessive exterior chipped paint, graffiti, torn window and door screens, broken windows, and overgrown landscaping. Interior violations would include safety issues related to plumbing, electrical systems, and damaged flooring.
One property owner of nearly 50 years told the council some violations in question might be a tenant’s responsibility.
“Doing code enforcement on violations, I don’t think it’s going to solve your problems,” he said. “The code violations we’re talking about are actually more things that are caused by the activity of people, not property-related issues.”
J.W. Burtle, an owner at Pacific Trust Property Management which oversees properties in Orange County, also argued some of the violations may be tenant related.
“A lot of times with inspections, there’s going to be repairs, but it’s not always the owner’s responsibility or because of owner negligence,” he said.
He also said in his experience, tenants usually don’t want inspections.
“Whose asking for these inspections? Tenants don’t even really like me coming into their property … I just wonder how they’re going to feel about a stranger coming into their home looking through their stuff,” he said.
Other property owners spoke of existing internal procedures for maintenance, repairs, and routine inspections.
“We’re happy to work with the city to correct concerns regarding code violations, but we must do this in a [collaborative] manner,” said a director for an apartment complex in Buena Park.
But Castaneda said the program would only likely target owners who don’t keep up.
“I don’t think anyone that spoke tonight actually is within that realm. I think you probably implemented programs that are above and beyond the minimum standards,” he said. “So, I wouldn’t worry too much.”
Under the program, code-enforcement officers would inspect approximately 2,800 units over three years, or 933 units yearly.
The program targets smaller apartments, duplexes, and triplexes.
Properties with four to 15 units and which have received multiple complaints from renters over the last five years will be subject to the program.
Single-family owners—with one to three units typically—are already subject to city inspections.
About a quarter of properties with 16 to 50 units will be subject to random inspections only, since they already have onsite property management as required by state law.
Buildings with more than 50 units won’t be inspected unless they’ve had previous violations, which is very rare according to city staff.