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Fountain Valley, CA Rental Property Rules: Repairs & Habitability (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Nuisance trigger
Overcrowding, or inadequate ventilation, sanitation or plumbing, § 8.04.020(15)
Responsible party
Owner, with tenants and occupants deemed agents, § 8.04.150
Hearing notice
At least 14 days, by certified mail or posting
Appeal
10 days to the city clerk after the hearing order
Property maintenance code
2021 International Property Maintenance Code, § 18.32.010
Misdemeanor maximum
$1,000 fine or six months county jail

Summary

In the City of Fountain Valley, California, habitability rules for rentals sit in the nuisance chapter, not a landlord-tenant chapter. Section 8.04.020(15) declares a dwelling that is overcrowded or lacks adequate ventilation, sanitation or plumbing a public nuisance, and § 18.32.010 adopts the 2021 International Property Maintenance Code.

(a) Each of the following conditions is declared to constitute a public nuisance, and whenever the hearing officer or planning commission determines that any of such conditions exist upon any premises, they may require or provide for the abatement thereof pursuant to this chapter and make the costs of abatement a lien upon the property: ... (15) Maintenance of property in such condition as to be detrimental to the public health, safety, or general welfare or in such manner as to constitute a public nuisance as defined in California Civil Code Section 3480, including, but not limited to, anything dangerous to human life or detrimental to human health, or any habitation that is overcrowded with occupants or that lacks adequate ventilation, sanitation or plumbing facilities, or that constitutes a fire hazard;

Full Breakdown

The Fountain Valley Municipal Code handles rental habitability through its nuisance chapter and an adopted model code, not through a stand-alone rental housing chapter. Section 8.04.020 lists the conditions the City Council has declared public nuisances, and item (15) reaches any habitation that is overcrowded with occupants or that lacks adequate ventilation, sanitation or plumbing facilities, or that constitutes a fire hazard. Neighboring items cover unpainted buildings with dry rot, warping or termite infestation (item 3), broken windows that create hazardous conditions (item 4), and a pool or pond whose water is polluted by bacterial growth, algae or insects (item 23).

Section 8.04.030 makes it unlawful for any person owning, leasing, occupying or having charge or possession of property in the city to maintain those conditions. Section 8.04.150 puts primary responsibility for keeping premises free of nuisances on the owner and treats tenants and occupants as the owner's agents. Separately, § 18.32.010 adopts the 2021 Edition of the International Property Maintenance Code as the property maintenance code for the city, with a copy on file in the office of the building official. Enforcement starts when the city manager directs a public hearing under § 8.04.060.

The hearing officer can be the director of public works, the director of planning, the chief of police, the fire chief or another person the city manager appoints. Under § 8.04.070 the notice goes by registered or certified mail or by posting, at least fourteen days before the hearing, and § 8.04.060 requires it to tell the owner what corrections avoid a hearing. Where an immediate threat to health or safety exists, § 8.04.115 lets the city manager order abatement without notice or a hearing.

Violations & Fines

A code violation is a misdemeanor under § 1.16.010(a): a fine of not more than $1,000, up to six months in county jail, or both, with each day a separate offense. Prosecutors can charge an infraction instead, and building and safety infractions carry ceilings of $130, $700 and $1,300. Section 1.16.010(g) adds a civil penalty of up to $1,000 per day. City abatement costs become a lien under § 8.04.130.

Frequently Asked Questions

Does the City of Fountain Valley have a separate rental habitability ordinance?
The sections read for this page put habitation standards in Chapter 8.04 at § 8.04.020(15) and adopt the 2021 International Property Maintenance Code in § 18.32.010. Neither provision names landlords or rental units. They apply to any property in the city, and the code assigns the owner primary responsibility under § 8.04.150.
Who is responsible for a nuisance condition in a Fountain Valley rental, the landlord or the tenant?
Section 8.04.150 gives the owner of any premises the primary responsibility for keeping it free of public nuisances and treats tenants and occupants as the owner's agents. Section 8.04.030 separately makes it unlawful for anyone owning, leasing, occupying or having charge of the property to maintain a listed condition, so both sides can be cited.
How much notice does a property owner get before a nuisance hearing in Fountain Valley?
Under § 8.04.070 the notice is served by registered or certified mail to the owner's last known address, and the city clerk can also post the property. It must give at least fourteen days before the hearing. An owner who loses can appeal to the city clerk within ten days under § 8.04.100.

Sources & Official References

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