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Home My WebLink About19-Community Development CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION From: Margo Wheeler, Community Development Director Subject: An Ordinance of the Mayor and Common Council of the City of San Bernardino adding Chapter 15.27 entitled "Crime-Free Rental Housing Program" to the San Bernardino Municipal Code. Date: April4, 2011 MCC Date: April 18, 2011 Synopsis of Previous Council Action: 03/27/10 - Mayor and Common Council set goals for proactive public safety strategies, emphasizing cooperation by Code Enforcement, Fire and Police personnel to enforce safety regulations and standards and to engage the community in crime prevention. Recommended Motion(s): 1. That the Ordinance be referred to the Legislative Review Committee. 2. That a Resolution establishing the annual fee as recommended be brought forward for concurrent adoption. 3. That the staffing recommendations be referred to the Personnel Committee. ,'J . . . ~~/ . . .J v' lor. L1X~~~ Linn Livingsto Human Resources Department Director / '. .\ I , ~ /. /1/ ./ ) h~~ . M. Margo Wheeler, AICP Community Development Dept. Director ~/~ Mrthael Conrad Fire Chief t'. ~J ~.v- /' Keith Kilmer <.I o Police Chief Contact Person: Charles Carter Phone: 5970 Supporting data attached: Staff Report Ward(s): Citywide FUNDING REQillREMENTS: Amount: $104,146 Annual Inspection Fee Source: No impact to the General Fund Acct. Description: Finance: Council Notes: Agenda Item No. /1 . O'-I--/g-~I / CITY OF SAN BERNARDINO- REOUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: An Ordinance of the Mayor and Common Council of the City of San Bernardino adding Chapter 15.27 entitled "Crime-Free Rental Housing Program" to the San Bernardino Municipal Code. BACKGROUND: The Crime Free Multi-Housing Program is a crime prevention program designed to reduce crime, drugs, and gangs on apartment properties. The Crime Free Multi-Housing Program was originally developed at the Mesa, Arizona Police Department in 1992. The International Crime Free Multi-Housing Program has now been implemented by nearly 2,000 cities in 44 U.S. states and in numerous cities world-wide. According to the International Crime Free Association, the program, "must be completed under the supervision of the local police department." The City of San Bernardino Police Department initiated a Crime Free Rental Housing Program (the "Program") in 1995. The Program was completely voluntary and consisted of 3 phases for certification: I. An 8-hour landlord training class II. On-site property inspection utilizing tools of crime prevention through environmental design (CPTED) - locks, lighting, landscaping and cleanliness of the property. III. Tenant involvement through resident crime prevention training (i.e., apartment/ neighborhood watch meetings). From 1995 through June 2009, approximately 275 landlords and/or property owners completed Phase I of the certification and approximately 180 properties have participated in Phase II site inspections. Once all three phases of the Program were completed, the Police Department would issue a program sign to be posted on the property which was intended to give current and prospective tenants a level of comfort that the landlord has taken certain precautions to make the property safe, clean, and hopefully crime-free. The Program was initially run by a "Program Coordinator" and the on-site inspections conducted by a Community Service Officer II. As a result of budget issues all positions and operational costs for Crime Free Rental Housing were eliminated from the Police Department's budget in FY 2008-09 and the Program was transferred to Code Enforcement with no direction from the former City Manager on funding sources for Code Enforcement to continue to run the Program. The Crime Free Rental Housing budget for FY 2007-08 was $120,000. The FY 2007-08 budget covered personnel costs but did not include other operational costs (printing, materials, hand- outs, signage, etc.). Operational costs were absorbed by the Police Department. After the Crime-Free Rental Housing Program was discontinued by the Police Department, apartment project owners, managers, and residents missed the Program and wanted to keep the momentum of improvements going. Code Compliance staff has been accompanying the Fire Department on multi-family rental inspections, and has attempted to continue to implement the property maintenance principles associated with CPTED, but the full program could not be maintained. At the Council Retreat in March of 20 I 0 the top priorities stated in the Mayor and Common Council Goals (Attachment A) were Safe Community Goals. Enhancing neighborhood safety, increasing Code Compliance presence in multi-housing projects, improving crime prevention and intervention strategies, and increasing community involvement in these strategies were all recommended action supporting Goal 3: Implement proactive public safety strategies. In February 2011, the Wildwood Park Association made a formal request that the Council consider reestablishing the Crime-Free Rental Housing Program. Members of the Association had noticed improvements during the Program, and were noticing declining conditions in its absence. PROGRAM OPTIONS: The anticipated benefits of the Crime-Free Rental Housing Program are reduced calls for Police services, a more stable tenant population, property maintenance and associated property value enhancements, and reduced exposure to civil liability. There are essentially 3 ways to implement the Program: 1. Voluntary Participation 2. Voluntary with Incentive 3. Mandatory Participation V oluntary Participation A voluntary Program would be run similarly to how the program was run in the past with the City absorbing the entire cost of the Program. Under current budgetary and staffing conditions, the consistency of the previous inspection program and support services could not be resumed. Voluntary with Incentives Voluntary Programs are more likely to succeed when incentives are offered to motivate compliance by property owners and managers. Incentive programs typically waive all or part of an owner's business registration fee, contingent on the owner participating in the Program and maintaining the Program certification. Currently apartment owners must pay a business registration fee that is based on rental income. Those owners whose income is less than $25,000 pay a flat business registration fee of $60. The City Clerk's Office estimates that over 50% of property owners pay more than $60 with an average business registration fee being in the $80- $100 range. This sort of financial incentive may be effective, but it assumes existence of an active program to verify compliance and provide certification. This may be an option to consider after the proposed program is in operation, but would not be feasible at this time. Mandatorv Participation (Staff Recommendation) The proposed Ordinance would establish a mandatory Crime-Free Rental Housing Program, including a mandatory annual inspection. The Ordinance also establishes an inspection fee to be set by Resolution of the Council, which shall cover the costs of Program inspections and enforcement. There are numerous benefits to making the Program mandatory. One important element of the Program would be requirement of a "crime free lease addendum" on all rental agreements, which would provide owners additional legal options for eviction against tenants that allow or conduct certain prohibited activities such as gang, drug, or other specified conduct. The Program would also require an on-site manager for properties with a specified number of units and that owners provide for Police, Fire, and Code Enforcement with 24-hour contact information. With a mandatory Program, the City will have additional enforcement tools to require compliance, especially with problematic owners. Based on a list from Fire Prevention, there are approximately 860 documented apartment complexes with 4 or more units in the city. It is recommended that every property manager would be required to complete the training. As such, there would be approximately the same number of people who would be required to complete the training. The Police Chief, Fire Chief, Community Development Director, and staff agree that adopting an ordinance establishing a Crime-Free Rental Housing Program and requiring a fee to cover the costs of the Program would be the most effective and enforceable option. FINANCIAL IMPACT: In FY 2006-07 the Crime-Free Rental Housing program was included in the Police Department Budget as follows: Personnel Program Coordinator CSOI Total Salary $60,750 $35,100 $95,850 Benefits $24,528 $15.984 $40,512 Total $85,278 $51.084 $136,362 Operating costs for FY 2006-07, the last year the program that was funded were as follows: Materials and supplies Dues Meetings/conferences Training Printing Total Operational Cost $ 6,000 $ 300 $ 500 $ 1,000 $ 7.500 $15,300 The fee that is proposed is not broken down with the degree of specificity as is used in the Fire program because the inspection is exterior only. While there are some gradations of time needed, it is not as great. The fee is based upon the best estimate of actual time spent on the tasks proposed. The existing Code Enforcement division support of the Multi-Family Rental Program will be reduced or other programs reduced with the reduction in one Code Enforcement Officer II set to occur by July 1. The Code Enforcement Officer II position that will undertake this task will be primarily assigned to the Multi-Family Program. However, as time allows they will work proactively within the City. In the same way if the need arises, other Code Enforcement Officers would assist with this program. The fee proposed is to cover the work required not to fund a position. The following provides the details of the projected budget for the proposed program: Personnel Code Compliance Officer II Total Salary $61.1 15 $61,115 Benefits $20,851 $20,851 Total $81,966 $81,966 Staff estimates the operating expenses for FY 2011-12 will be $22,180; therefore, the total proposed budget for the Crime-Free Rental Housing Program is estimated to be $104,146. The existing Multi-Family Rental Program funded by the Fire Department consists of 3 Fire Prevention Officers and 2 Code Compliance II Officers. The proposed mandatory Crime-Free Rental Housing Program would be implemented by retaining the two Code Compliance Officer II positions currently assigned to the Multi-Housing Inspection Program. This would enable the Department to maintain two Code Compliance Officers to work as a team, addressing all apartment complex issues, including property maintenance, general building, and fire safety, and tenant relocation when necessary. A proposed Annual Fee of $150 (See Attachment B) would result in no financial impact to the General Fund (See Attachment C). RECOMMENDATION: 1. That the Ordinance be referred to the Legislative Review Committee. 2. That a Resolution establishing the annual fee as recommended be brought forward for concurrent adoption. 3. That the staffing recommendations be referred to the Personnel Committee. Attachments: A - Proposed Annual Fee B - Estimated Program Cost C - Ordinance Crime-Free Rental Housing Program - Estimated Program Cost and Proposed Inspection Fee Cost Analysis Worksheet 4-90 Units Department/Division Fund Account User Fee Description Date Code Compliance Crime-Free Rental Housing Program 03/31/2011 Description of service, demand, subsidy, and other comments: rmcI cosls Personnel Costs Labor Rates Straight Time Fringe Total Direct Dept. or Div. Total Burdened Hours by Total Labor Position Labor Benefits Labor Cost Overhead Labor Cost/Hr. Position per Unit Cost per Code Compliance Officer II 34.15 10.25 44.40 4.4395 48.83 2 97.67 Total Burdened Personnel Costs per Unit of Service: 97.67 Material & Rental Costs Description Cost Each Quantity Required Unit Cost Regular Mailings 0.42 1 0.42 Total Other costs per Unit of Service: 0.42 Other Costs (Equipment, facility rental, part-time labor w/o benefits) Description Cost Each Quantity Required Unit Cost Vehicle Expense 40 40.00 1.00 40.00 Total Other costs per Unit of Service: 40.00 Comparisons to Proposed Fee More (Less) than S.B. Jurisdiction Fee per Unit Dollars Percentage San Bernardino n/a n/a Riverside 0.00 0.00 0.0% Ontario 0.00 0.00 0.0% Total Service Direct Cost City-Wide Gen. & Admin. Rate @ 16.07% Total Service CosUUnit 138.09 22.19 100 ?R Current Fee Amount 150 00 10.28 0.00 1 50 00 Recommended Fee Recommended Fee Subsidy Fee Increase (Decrease) ATTACHMENT "A" Crime-Free Rental Housing Program - Estimated Program Cost and Proposed Inspection Fee Cost Analysis Worksheet 91-199 Units Department/Division Fund Account User Fee Description Date Code Compliance Crime-Free Rental Housing Program 03/31/2011 Description of service, demand, subsidy, and other comments: IDi,ect costs Personnel Costs labor Rates Straight Time Fringe Tolal Direct Dept. or Div. T alai Burdened Hours by Tolal Labor Position Labor Benefits Labor Cost Overhead Labor Cost/Hr. Position per Unit Cost per Code Compliance Officer II 34.15 10.25 44.40 4.4395 48.83 2.25 109.88 Total Burdened Personnel Costs per Unit of Service: 109.88 Material & Rental Costs Description Cost Each Quantity Required Unit Cost Regular Mailinqs 0.42 1 0.42 Total Other costs per Unit of Service: 0.42 Other Costs (Equipment, facilitv rental, part-time labor w/o benefits) Descri ption Cost Each Quantity Required Unit Cost Vehicle Expense 40 40.00 1.00 40.00 Total Other costs per Unit of Service: 40.00 Comparisons to Proposed Fee More (less) than S.B. Jurisdiction Fee oer Unit Dollars Percentage San Bernardino n/a n/a Riverside 0.00 0.00 0.0% Ontario 0.00 0.00 0.0% Total Service Direct Cost 150.30 City-Wide Gen. & Admin. Rate@ 16.07% Total Service CosUUnit 24.15 17445 Current Fee Amount 170 00 4.45 0.00 170 00 Recommended Fee Recommended Fee Subsidy Fee Increase (Decrease) ATTACHMENT "A" Crime-Free Rental Housing Program - Estimated Program Cost and Proposed Inspection Fee Cost Analysis Worksheet 200+ Units Department/Division Fund Account User Fee Description Date Code Compliance Crime-Free Rental Housing Program 03/31/2011 Description of service, demand, subsidy, and other comments: lo;,ect eo,l, Personnel Costs Labor Rates Straight Time Fringe Total Direct Depl. or Div. Total Burdened Hours by T otall.abor Position Labor Benefits Labor Cost Overhead Labor Cost/Hr. Position per Unit Cost per Code Compliance Officer II 34.15 10.25 44.40 4.4395 48.83 2.5 122.09 Total Burdened Personnel Costs per Unit of Service: 122.09 Material & Rental Costs Description Cost Each Quantity Required Unit Cost Regular Mailings 0.42 1 0.42 Total Other costs per Unit of Service: 0.42 o C (E f T rt. I b 1 b f ) ther osts quipment, aCI .tv renta , pa -time a or W 0 ene Its Description Cost Each Quantity Required Unit Cost Vehicle Expense 40 40.00 1.00 40.00 Total Other costs per Unit of Service: 40.00 Comparisons to Proposed Fee More (Less) than S.B. Jurisdiction Fee per Unit Dollars Percentage San Bernardino nla nla Riverside 0.00 0.00 0.0% Ontario 0.00 0.00 0.0% Total Service Direct Cost City-Wide Gen. & Admin. Rate @ 16.07% Total Service Cost/Unit 162.51 26.11 1 RR 0/ Current Fee Amount 185 00 3.62 0.00 1 R!1 00 Recommended Fee Recommended Fee Subsidy Fee Increase (Decrease) ATTACHMENT "A" Crime Free Rental Housing Program - Estimated Program Costs and Revenue 4-90 UNITS Position Top Step Time (hours) Annual Salary Hourly Rate Department Benefits wi Benefits Overhead Citywide Overhead Estimated Cost Code Enforcement Officer II 2 61,115 20,851 45.82 50.40 5606 112.12 Total Estimate Cost Per Apartment Complex 112.12 Estimated gross revenue, based on 822 MFR's with a proposed fee of$150 per apartment complex and a collection rate of 100%: $ 123,300 Staff costs: Code Enforcement Officer II Top Step # of ositions Annual Sala 61,115 Benefits 20,851 Year 1 Total Cost 81,966 Year 2 Total Cost 86,064 Subtotal est. staff cost 81,966 86,064 ATTACHMENT "8" Crime Free Rental Housing Program - Estimated Program Costs and Revenue 91-199 UNITS P .. l' (h Top Step ) A I S I Hourly Rate Department B fi IB fi 0 h d Citywide o h d Estimated C oSltton Ime ours nnua aary ene Its w ene Its ver ea ver ea ost Code Enforcement Officer II 2 61,115 20,851 45.82 50.40 56.06 11212 Total Estimate Cost Per Apartment Complex 112.12 Total revenue, for an average of 860 MFR's with a fee at $150 per apartment complex and a collection rate of 100%: $ 129,000 Staff costs: Code Enforcement Officer II Top Step # of ositions Annual Sala 61,115 Benefits 20,851 Year 1 Total Cost 81,966 Year 2 Total Cost 86,064 Subtotal est. staff cost 81,966 86,064 ATTACHMENT "8" Crime Free Rental Housing Program - Estimated Program Costs and Revenue 200+ UNITS p r (h Top Step ) A I S I Hourly Rate Department B fi IB fi 0 h d Citywide o h d Estimated C OSI IOn Ime ours nuua aary ene Its w ene Its ver ea ver ea ost Code Enforcement Officer II 2.5 61,115 20,851 45.82 50.40 56.06 140.15 Total Estimate Cost Per Apartment Complex 140.15 Total revenue, for an average of23 MFR's with a fee at $185 per apartment complex and a collection rate of 100%: $ 4,255 Staff costs: Code Enforcement Officer II Top Step # of ositions Annual Sal 61,115 Benefits 20,851 Year 1 Total Cost 81,966 Year 2 Total Cost 86,064 ATTACHMENT "B" 2 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 15.27 ENTITLED CRIME-FREE RENT AL HOUSING PROGRAM TO THE SAN BERNARDINO MUNICIPAL CODE. 3 4 5 WHEREAS, Section 40(z) of the City Charter vests the Mayor and Common Council with the power to make and enforce all laws and regulations with respect to municipal affairs, subject only to the restrictions and limitations provided in the Charter or by State law; and 6 7 WHEREAS, the City currently has a successful fire inspection program for fire safety in multi- family rental housing; and 8 9 WHEREAS, the City finds it necessary to protect occupants of rental housing through implementation of Crime Prevention Through Environmental Design (CPTED); and 10 11 WHEREAS, implementation of CPTED requires annual inspections and other support services to be provided at over 800 sites in the City; and 12 13 WHEREAS, in order to provide such services it is necessary to impose a fee to recover the costs of inspections and other support services; 14 15 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 16 SECTION 1. The Mayor and Common Council hereby find that the above-stated recitals are 17 true and hereby adopt and incorporate them herein. 18 19 SECTION 2. The Mayor and Common Council hereby find that this Ordinance is exempt from 20 the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA 21 Guidelines, as it can be seen with certainty that implementation of this Ordinance will not have a 22 significant adverse effect on the environment. 23 24 SECTION 3. Severability. If any section, subsection, sentence, clause or phrase in this 25 Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any 26 court of competent jurisdiction, that determination shall not affect the validity or effectiveness of the 27 remaining portions of this Ordinance or any part thereof. The Mayor and Common Council hereby 28 declare that they would have adopted this ordinance and each section, sentence, clause, and part of this 2 3 4 5 Ordinance despite the fact that one or more sections, sentences, clauses or parts of this Ordinance is declared invalid. SECTION 4. Chapter 15.27, Crime-Free Rental Housing Program, is hereby added to the San Bernardino Municipal Code, to read as follows: Chapter 15.27 CRIME-FREE RENTAL HOUSING PROGRAM Purpose. Applicability. Definitions. Scope. Annual Inspection Required. Landlord Certification. Inspection Fees. Notice of Inspection. Violations. Re- Inspections. Administrative Citations. Appeals. Complaint-Based Inspections. Enforcement-Public Nuisance. Enforcement-Alternatives. Penalties. Severability. 2 The Crime-Free Rental Housing Program is a part of the City of San Bernardino's overall 2 effort to reduce crime in multi-family rental properties as defined herein. Owners of any multi-family 3 rental property will be required to maintain these units in accordance with all applicable laws. 4 5 15.27.020 Applicability. 6 The provisions of this chapter shall apply to all multi-family rental property, as that term is defined herein, within the City. This chapter also applies to the premises on which a multi-family rental property is located, including but not limited to parking lots, driveways, landscaping, accessory structures, fences, and walls. 7 8 9 10 11 The provisions of this chapter are supplementary and complementary to other provisions of this code and applicable laws. Nothing in this chapter may be construed to limit any existing right of the City to abate nuisances or to enforce any provisions of applicable law, statute or this Code, including provisions of uniform codes adopted by reference in this Code. 12 13 14 15 15.27.030 Definitions. 16 17 For the purpose of this chapter, unless otherwise apparent from their context, certain words and phrases used in this chapter shall have the meanings hereinafter designated. The definitions in this chapter are included for reference purposes only and are not intended to narrow the scope of definitions set forth in federal or state laws or regulations. Words used in this chapter in the singular may include the plural and the plural may include the singular. Use of the masculine shall also mean 18 19 20 21 feminine and neuter. 22 23 A. "Applicable Laws" means the City's Municipal Code, the California Fire Code, the California Building Code, the Uniform Housing Code, Uniform Code for the Abatement of Dangerous Building and any other laws or regulations relating to the health or safety of City residents or the general public, as adopted by the City. 24 25 26 B. "City" means the City of San Bernardino. 27 c. "Director" means the Director of Community Development of the City of San Bernardino or his/her designee. 28 3 D. "Occupant" means any person who occupies a multi-family rental property, whether as a tenant or permittee of the owner. 2 3 E. "Owner" or "Property Owner" means a single individual, partnership or joint venture or any entity that has any kind of ownership interest in a multi-family rental property whether as an individual, partner, joint venture, stock owner, or ownership interest in some other capacity or the owner's designee. If more than one person or an entity owns the subject real property, owner or property owner refers to each person or entity holding any kind of ownership interest in the property, and the property owners' obligations in this chapter are joint and several as to each property owner. 4 5 6 7 8 F. "Multi-family Rental Housing Unit" or "Unit" means any residential dwelling unit, as defmed in Chapter 19.02 of the San Bernardino Development Code, in a single structure, or in a group of attached or detached structures containing two or more such dwelling units on the same parcel of land, and is occupied or intended to be occupied on a rental basis. For the purpose of this Chapter, the following types of dwelling units or facilities are not considered multi-family rental housing units: 9 10 11 12 a) Hotels or motels. 13 b) Accommodations in any hospital, extended care facility, residential care facility, convalescent home, nonprofit home for the aged, or dormitory that is owned and operated by an education institution. 14 15 c) Mobile Home Parks. 16 17 G. "Multi-family Rental Housing Complex" means a multi-unit residential structure consisting of four (4) or more units existing on one (1) parcel ofland. 18 19 15.27.040 Scope. 20 21 The provisions of this Chapter shall apply to all multi-family rental housing complexes containing four or more units on a single parcel. 22 23 15.27.050 Annual Inspection Required. 24 All multi-family rental property located in the City shall be subject to an annual inspection by the Director for compliance with the Crime-Free Housing Program. 25 26 27 15.27.060 Landlord Certification. 28 4 A. Phase I 2 3 1. Owners and onsite Manager(s), where applicable, shall attend an eight-hour crime-free housing course presented by code compliance, police, and fire within one year of notification of the requirement, unless extended by the Director. 4 5 6 2. Property owner shall use a written lease including the City of San Bernardino Crime- Free Rental Housing Lease Addendum 7 8 9 3. Property owner shall check the criminal background of all perspective tenants. 10 4. Property owner shall actively pursue the eviction of tenants who violate the terms of the lease and/or crime-free lease addendum. 11 12 13 B. Phase II 14 15 1. Property owner shall complete an annual security assessment and security improvement inspection to certify that the rental property has met the security requirements pursuant to the Principles of Crime Prevention through Environmental Design for the tenant's safety . 16 17 18 19 2. Property owner shall have no unresolved City code violations within the past year. 20 21 C. Phase III 22 23 1. Property owner shall conduct resident training annually for the residents where crime watch and crime prevention techniques are discussed. 24 25 15.27.070 Inspection Fees. 26 27 A. Any fees established by this chapter shall be set by separate resolution of the Common Council and may be adjusted from time to time by the Common Council to ensure that the fee adequately finances the costs of inspections and enforcement of this chapter. 28 5 2 3 B. The owner of a multi-family rental property shall pay an annual inspection fee to the City sufficient to pay the costs of the Director's annual inspection pursuant to this chapter. 4 15.27.080 Notice ofInspection 5 6 The Director shall mail written notice of the date and time of the inspection to the owner of the 7 multi-family rental property at least three weeks before the scheduled annual inspection. Such notice 8 shall provide the address and phone number where additional information concerning the 9 inspection may be obtained. Notice to the owner shall be mailed by regular mail to the owner's last 10 known address as it appears in the records ofthe County Assessor's Office. II 12 The notice of inspection for the Crime-Free Rental Housing Program shall be combined with 13 the Multi-Family Rental Housing Program notice to the greatest extent possible for the convemence 14 of the property owner. 15 15.27.090 Violations. 16 A. 17 18 19 20 21 22 c. 23 24 25 26 Whenever the Director determines that a violation of this chapter exists, the Director shall give notice of violation and an order to correct to the property owner. The notice shall be in writing and shall describe with reasonable detail the violation(s) so that the property owner has the opportunity to correct said violation. B. Any person who fails to comply with any provisions of this chapter after receiving written notice of the violations(s) and being given a reasonable opportunity to correct such violations(s) shall be deemed to be in violation of this chapter. Any owner of a multi-family rental property, who fails to permit the annual inspection by the Director pursuant to this chapter, shall be in violation of this chapter. D. Any owner of a multi-family rental property who fails to pay any applicable fee(s) established to cover the City's costs pursuant to this chapter shall be in violation of this chapter. 15.27.100 Re- Inspections. 27 28 A. One or more re-inspections will be conducted to verify that the deficiencies noted by the Director during the annual inspection have been corrected. 6 B. Violations that were not noted on the initial inspection report, but are discovered on the re- inspection due to subsequent damage or deterioration shall be subject to correction. 2 3 15.27.110 Administrative Citations. 4 A. Owners who fail to correct any deficiencies noted during any inspection or re-inspection may be subject to an administrative citation in accordance with San Bernardino Municipal Code Chapter 9.92 until all deficiencies have been corrected to the satisfaction of the Director. 5 6 7 B. Issuance of an administrative citation is in addition to any other administrative or judicial (civil or criminal) remedy established by law which may be pursued to address any violation of the Municipal Code. 8 9 10 15.27.120 Appeals. A. Any recipient of an administrative citation may contest the citation by the procedures set forth in Section 9.92.080 of this Code. II 12 B. Any party to an administrative citation hearing may appeal from an adverse ruling to the Board of Building Commissioners as set forth in Chapter 9.92.180 of this Code. 13 14 15 15.27.130 Complaint-Based Inspections. 16 Nothing contained in this chapter shall prevent or restrict the City's authority to inspect any 17 multi-family rental property in response to a complaint alleging code violations or violations of 18 applicable laws and to pursue all remedies permissible under this Code or applicable laws. 19 20 15.27.140 Enforcement-Public Nuisance. 21 It shall be considered a public nUIsance to have or maintain any multi-family rental properties that fail to comply with any applicable laws. The Director shall have the power to require correction of violations identified through the annual inspection by using the procedure set forth in Chapter 8.30 of the San Bernardino Municipal Code. 22 23 24 25 15.27.150 Enforcement-Alternatives. 26 27 Nothing herein shall prevent the enforcement of this chapter by criminal, civil or administrative actions either undertaken individually or in conjunction with other remedies. 28 7 The enforcement of this chapter by a criminal, civil or administrative action shall not relieve 2 the property owner of his or her obligations under this chapter. 3 4 15.27.160 Penalties. 5 A. A violation of this chapter shall be considered a misdemeanor and may be punished as such, however, at the discretion of the City Attorney, the violation of any provisions of this article may be filed as an infraction. The complaint charging such violation shall specify whether the violation is a misdemeanor or an infraction, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010. 6 7 8 B. Any fees established pursuant to this section which are more than 30 days delinquent shall constitute an assessment against the rental property for the inspection of which the fees were billed. Such delinquent fees shall be a lien on the rental property. The Director shall notify the property owner of the affected rental property not less than 30 days prior to notifying the county that a lien will be placed on the property, and shall state the amount then owed. If full payment is not received within 30 days after said notice, the Director shall take whatever action is required for the amount due to be included in the next property tax bill assessment for the rental property. 9 10 11 12 13 14 15.27.170 Severability. 15 16 In the event that any provision of this Ordinance, or any part thereof, or any application thereof to any person or circumstance, is for any reason held to be unconstitutional or otherwise invalid or ineffective by a court of competent jurisdiction on its face or as applied, such holding shall not affect the validity of the remaining provisions of this Ordinance, or any part thereof, or any application thereof to any person or circumstance or of said provision as applied to any other person or circumstance. It is hereby declared to be the legislative intent of the City that this Ordinance would have been adopted had such unconstitutional, invalid, or ineffective provision not been included herein. 17 18 19 20 21 22 23 24 /1/ 1// 1// 1// 25 26 27 28 8 2 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 15.27 ENTITLED CRIME-FREE RENTAL HOUSING PROGRAM TO THE SAN BERNARDINO MUNICIPAL CODE. 3 4 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and Council of the City of San Bernardino at a meeting thereof, held on the day of , 2011, by the following vote, to wit: 5 6 COUNCIL MEMBERS: 7 MARQUEZ 8 VACANT 9 BRINKER 10 11 SHORETT 12 KELLEY 13 JOHNSON 14 MC CAMMACK 15 16 AYES NAYS ABSTAIN ABSENT 17 Rachel Clark, City Clerk 18 19 The foregoing Ordinance is hereby approved this day of , 2011. 20 21 22 PATRICKJ. MORRIS, Mayor City of San Bernardino 23 Approved as to form: 24 25 JAMES F. PENMAN City Attorney 26 27 28 9