HomeMy WebLinkAbout11-Community Development CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: Margo Wheeler, Community Subject: An Ordinance of the City of San Bernardino
Development Director amending the Municipal Code to add Chapter 15.27
entitled"Crime-Free Rental Housing Program".
Date: May 25, 2011 MCC Date: June 6, 2011 ORIGINAL
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.
04/18/11 - The Mayor and Common Council refer-red the matter to the Legislative Review
Committee.
04/19/11 - The Legislative Review Committee heard input from staff concerning the
establishment of the Crime Free Rental Housing Program Ordinance and the Inland
Empire Apartment Association. The Legislative Review Committee requested
Community Development work with the City Attorney's office in modifying the
ordinance previously submitted.
05/16/11 - The Mayor and Common Council laid the ordinance over for final adoption.
Recommended Motion(s):
1. That said Ordinance be adopted.
M. Margo Wheeler, AICP
Community Development Dept. Director
Contact Person: Margo Wheeler Phone: 5357
Supporting data attached: Staff Report Ward(s): Citywide
FUNDING REQUIREMENTS: Amount: $104,146
Covered by Annual Inspection Fee
Source: No impact to the General Fund
Aect. Description:
Finance:
Council Notes:
Agenda Item No.
0(0 out
Ili
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: M. Margo Wheeler, Director Subject: An Ordinance of the City of San Bernardino
amending the Municipal Code to add Chapter 15.27
Dept: Community Development entitled"Crime-Free Rental Housing Program".
Date: April 28, 2011 MCC Date: May 16, 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.
04/18/11 - The Mayor and Common Council referred the matter to the Legislative Review
Committee.
04/19/11 - The Legislative Review Committee heard input from staff concerning the
establishment of the Crime Free Rental Housing Program Ordinance and the Inland
Empire Apartment Association. The Legislative Review Committee requested
Community Development work with the City Attorney's office in modifying the
ordinance previously submitted and forward to full council.
Recommended Motion(s):
1. That the Ordinance be laid over for final adoption.
2. That a Resolution establishing the annual fee as recommended be adopted at the time of
ordinance adoption.
3. Authorize the Director of Finance to amend the FY 2010-11 Budget to create a Code
Enforcement Officer II position to take effect concurrent with or after the limination of a
Code Enforcement Officer II position, which was fo e ly in e Fire D a ent.
Margo Wheeler,Director
Community Development Department
Contact Person: Margo Wheeler Phone: 5357
Supporting data attached: Staff Report Ward(s): Citywide
FUNDING REQUIREMENTS: Amount: $104,146
Covered by Annual Inspection Fee
Source: No impact to the General Fund
Acct. Description:
Finance:
Council Notes:
Agenda Item No. I q
U�ai(O -2-0 l I P4 S
5�
CITY OF SAN BERNARDINO- REQUEST 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.
BackLyround
The Crime-Free Rental Program was developed by the Mesa Arizona Police Department in 1992,
with the goal of reducing crime, drug, and gang activity in rental properties. The program
sponsored by the International Crime-Free Association, and provides training or other assistance
to local agencies in the administration of their programs. The program spread to more than 2,000
cities in the United States with successful programs causing an average reduction in crime
between 75-90%. The purpose of the program is to gain the commitment of property owners,
managers, tenants, and the community to maintain properties free of illegal or destructive
activity and to promote a higher quality of life within each neighborhood.
The City of San Bernardino initiated a crime-free multi-family rental program in 1995. However,
that program was discontinued in 2008, because of budgetary constraints. Program participation
was on a voluntary basis with program costs absorbed by the City. In recent months, there have
been heightened requests from landlords, members of the community, including various
neighborhood associations, for the return of a crime-free rental program. The previous program
consisted of 3-phases for certification:
1. An 8-hour landlord training class
2. On-site property inspection utilizing tools of crime prevention through environmental
design(OPTED) - locks, lighting, landscaping and cleanliness of the property
3. Tenant involvement through resident crime prevention training
From 1995 to 2008, 275 property owners completed Phase 1 of the certification and
approximately 180 properties participated in Phase 2 site inspections. Once all three phases of
the program were completed, the Police Department would issue a program sign that was posted
on the property and intended to give current and prospective tenants a level of comfort that the
property owner has taken precautions to make the property safe, clean, and hopefully crime-free.
The previous program was initially run by the San Bernardino Police Department with a program
coordinator and the on-site inspections conducted by a Community Service Officer I. Because of
budget issues, all positions and operational costs were eliminated from the Police Department's
budget in FY 2008-09.
Analysis
The Code Enforcement Division currently participates with the Fire Department in the Multi-
Family Rental Program with a focus on enforcing the City's property maintenance codes.
1
However, the program does not address criminal activity or crime prevention education. The
Crime-Free Rental Program would add new services provided by City staff that focus on
community relations, crime prevention, and education to foster safer-healthier neighborhoods.
Therefore, staff proposes implementing this additional initiative that relates to the Council's safe
community goal that includes a proactive strategy to improve the community.
Staff researched more than 200 California cities with active crime-free programs. Most have an
incentive based voluntary program. However, some cities require one or more portions of the
program to be mandatory as a condition of maintaining the business license. These portions
include the 8-hour class, or the Crime-Free Lease Addendum. Survey results found that:
1. The City of San Diego makes the program mandatory for properties with 10 or more
police calls for service within a 90-day period.
2. The City of Fontana mandates participation for all new rentals.
3. The City of Oceanside has a mandatory program that prohibits drug activity on rental
properties.
4. The City of Victorville instituted a mandatory program for all rental properties (multi-
family, single-family, rooms for let). Failure to participate in the program is a
misdemeanor and can include suspension or revocation of the business license.
5. The City of Hemet is currently developing a mandatory crime-free program for all
rental property types under the program name Hemet ROCS. This program, if
approved,would mandate completion of all three phases of the crime-free program.
6. In March 2009, the City of Montclair passed an ordinance titled Illegal Drugs,
Violent Crime, and Gang-Related Crime Eviction Program that requires property
owners to evict tenants involved in specified criminal activity. Failure of the property
owners to evict problem tenants can result in criminal prosecution or other remedy.
Voluntary programs require that the majority of program costs be absorbed by the City, lacks
participation from all owners, minimizes community involvement, and fails to meet the City's
crime prevention and safety goals. If the program remains voluntary, the City would lack the
ability to enforce crime free standards. Voluntary programs with an incentive typically waive all
or a portion of an owner's business registration fee. Currently owners of rental housing must pay
a business registration fee that is based on income. Owners whose income is less than $25,000
pay a flat business registration fee of$60.00. The City Clerk's Office estimates that over 50% of
property owners pay more than $60.00 with an average business registration fee being in the
$80-$100 range. A voluntary program with an incentive would cause the City to absorb the entire
cost of the program, and may also result in a loss of revenue if fee reduction were to be
established as an incentive.
2
Proposed Crime-Free Rental Housing Program
Staff recommends that the Crime-Free Rental Housing Program be mandatory for all multi-
family rental properties with the possibility of phasing all single-family rental properties into the
crime-free model. Successful programs increase community participation, provide accountability
for property owners, lower maintenance costs, and the proven crime prevention methods and
program phases improve public safety for tenants,property owners, and the community.
The City has approximately 860 apartment complexes with more than 17,000 rental units. The
program will consist of three phases; an 8-hour training class, inspection of the properties to
verify implementation of Crime Prevention through Environmental Design (OPTED) elements,
and maintenance of CPTED standards plus active participation in the Neighborhood Watch
Program.
Phase One: Training (Mandatory)
Property owners and managers receive training from various City departments on crime
prevention techniques, fire prevention, health and safety concerns, information regarding
CPTED standards, the benefits of tenant screening, crime-free lease addendum, and monitoring
or responding to criminal activity occurring on rental properties. Courses would be held once a
month for the first year of the program, and scheduled as needed for subsequent years. (See
`I attachment for course breakdown). The property owners are provided with a checklist of CPTED
standards.
Phase Two: Inspection/Contact Information/Lease Addendum(Mandatory)
Following training, the property owners have 30-days to bring their rental units into compliance
by implementing a Crime-Free Lease Addendum for all new tenants and the property owner shall
provide the program coordinator with direct and immediate contact information for the property
owner, managers, and/or a local responsible party for the property. Following the 30-days, the
property owners will be required to have the properties inspected to confirm implementation of
CPTED standards. Each property will be allotted one inspection as part of the annual fee with
each subsequent inspection requiring an additional fee. A certificate will be issued to the owner
upon completion phase 1 and phase 2.
Phase Three: CPTED Standards & Active Participation (Voluntary)
Requires a crime-free commitment from the property owners and management to maintaining the
rental properties to the CPTED criteria and shall continue with an annual re-certification in the
program. An additional incentive for property owners would be participating or hosting a
National Night Out event, establishing a Neighborhood Watch Program, or gathering tenants to
further educate and strengthen the community through contact and communication to accomplish
the goal of fostering safer-healthier neighborhoods. If the property owner completes all three
phases, the property will qualify to receive certification signage.
If at any time a property owner who has completed all three phases of the program falls from
compliance, the property shall have the certification status revoked. Failing to comply would
also include any rental property that has ten or more calls for service from the Police
Department, Fire Prevention, or Code Enforcement Divisions. Service calls may be based on
3
i
emulative within a one-year period. As a mandator program, the
individual departments or accumulative y p y p gY' ,
City would be able to enforce City ordinances for property owners who fail to participate in the
program with administrative citations, civil penalties, or other legal remedy.
A mandatory program offers many benefits including requiring owners to include the Crime-Free
Lease Addendum that provides owners additional legal options for tenant eviction against tenants
that allow or conduct certain prohibited activities (gang, drug, or other specified criminal
behavior). An Ordinance can also mandate that an owner have an on-site manager for properties
with a specified number of units (more than 10) and require owners to provide 24-hour contact
information. With mandatory requirements, the City then has additional enforcement tools to
require compliance, especially with problem owners. The implementation of the program
requires changes to the municipal code including authorization of the program, requirements for
participation, requirement of the Crime-Free Lease Addendum, and contact information for
property owners.
Proposed Cost of the Program
The proposed program would transfer costs to property owners, therefore, not affecting the
general fund. In order to fund the mandatory program, an ordinance amending the San
Bernardino Municipal Code and fee resolution are required.
Exam le I
Property Type # of Properties 1St Year Fee
Multi-Family (4 - 90 units) 822 $150
Annual Total: $123,300
Exam le II
Property Type # of Properties 1St Year Fee
Multi-Family (91-199 15 $170
units)
Annual Total: $2,550
Exam le III:
Property Type # of Properties 1St Year Fee
Multi-Family (200+ units) 23 $185
Annual Total: $4,255
4
I
Fiscal I mpact
The following costs are estimates that compare the cost of the previous program with the costs of
the new program, with current staffing of one Code Officer II position serving as the program
coordinator.
Previous Program Proposed Pro ram
Personnel Costs Salary & Benefits Personnel Costs Salary & Benefits
Coordinator $85,278 Code Officer 11 $81,966
CSO 1 $51,084
Total $136,362 Total $81,966
Operating Costs Operating Costs
Total $15,300 Total $22,180
Program Cost Program Cost
Total Cost $151,662 Total Cost $104,146
The following charts represent the current minimum fees for multi-family properties (4 or more
units). The Crime-Free Rental Program fees at $150 per property, with the potential for a sliding
scale based on number of units and inspection time.
Current Fees Minimum Proposed Fees (Minimum)
Business Registration(income $ 60 Business Registration(income $ 60
based) based)
Multi-Family Rental Insp. (4-units) $ 178.85 Multi-Family Fire Inspection $ 178.85
Program(4-units)
Crime-Free Rental (per complex) $ 150
Total Current Fees $238.85 Total Estimated Fees $388.85
Staff Recommendation
1. That the Ordinance be laid over for final adoption.
2. That a Resolution establishing the annual fee as recommended be adopted.
3. Authorize the Director of Finance to amend the FY 2010-11 Budget to incorporate the Crime
Free Rental Program as outlined in the report and to include the program in the FY 2011-12
budget proposal.
5
Attachments:
A—Proposed Annual Fee
B—Estimated Program Cost
C—Ordinance
D—Top 25 Surveyed Cities by Population
E—Top 25 Surveyed Cities Program Comparison
F— 8-Hour Course Description
G—Copy of Crime-Free Lease Addendum
H—CPTED Inspection
I—Crime-Free Program Comparison
6
Crime-Free Rental Housing Program - Estimated Program Cost and Proposed Inspection Fee
Cost Analysis Worksheet
4-90 Units
Department/Division Fund Account User Foe Description --
Date
Code Compliance Crime-Free Rental Housing Program 03i31i201
Description of sorvice, demand, subsidy, and other comments:
riroct ccsts
Personnel Costs Labor Rates
Stra.yht Time I rime Total Direct Dept.ur Div Total Burdened
Position `i uurs by To" st r
Labor Benerts Labor Cast Overhead Labor CosUHr.
Code Corn fiance Officer II 34.15 10.25 44.40 4.4395 48.83 ositcnpercni: :ostper
2 97.67
Total Burdened Personnel Costs per Unit of Service: 97.67
Material &Rental Costs
Description
Re ular Mailin s
Cosl Each 0.42 Quantity Required Unit Cost
3
1 0.42
t
`I Total Other costs per Unit of Service:
0.42
Other Costs E ui ment,facilit rental,part-time labor w/o benefits
Description
Cost Each Quantity Required Unit Cost
Vehicle Expense 40 40.00
1.00 40.00
rotal Other costs per Unit of Service,: 40.00
Comparisons to Pro osed Fee
More(Less)than S.B. TutalSernceDuectCesi 13f3 U�
Jurisdiction Fee er Unit Dollars Percenta e
San Bernardino Carr stiioo Gen.BAdmm
Riverside 0.00 0.0%noa Ra-.g if)c?% 22.19
0.00
Ontario 1:u1 Serace CusvUnn 1 RO_�j
0.00 0.00 U.U`,'%
Recommended Fee --15D-QD
Attamr"r�ed F-.%,h.,, _5.
rr IQI5,�
_.
Current Fee Amount _�.v V
Fee Increase ior'wse) iFO{iO
ATTACHMENT"A"
Crime-Free Rental Housing Program - Estimated Program Cost and Proposed Inspection Fee
Cost Analysis Worksheet
91-199 Units
DepartmenUDivision Fund Account User Fee Description Date
COG@ Compliance j Crime-Free Rcntal Housing Program 03131-201 1
Description of service,demand, subsidy, and other comments:
Direct Costs
Personnel Costs Labor Rates
Sba.ght F-C Enrge fool fhrect Dept.orDov Total Barleoed IJoL,s by imal',.an,;
Position Label BeneOts Labor Cost Overhead Labor Cust/Hr. Position per Gait 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
Des mplion Cost Each ouaribly Required Unit Cost
Regular Mailings 0.42 1 0.42
Total Other costs per Urit of Service: 0.42
Other Costs(Equipment,facility rental, art-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 Pro osed Fee
More(Less)than S.B. T,al StIl ICCt(: s1 1503
Jurisdiction Fee per Unit Dollars Percenta a cly-V1deGen aA�l•,.,
San Bernardino n/a n/a gale. ltj,)/% 24.15
Riverside 1 0.00 0.00 0.040 TolalSe-ceCa+vUn,l 17.3 45
Ontario 0.00 0.00 0.0°6
Recommended Fee 170 00
I.._o ' 4,45
Cijawl Fete Amount _- LLOQ
Fye In,:rGase.Dncrease) 170 lif)
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 Des—.–lion
Date
Code Compliance Crime-Free Rental Housing Program 03;31,2; 1 I
Description of service,demand, subsidy, and other comments:
Direct costs
Personnel Costs Labor Rates
Straight Time Frnye Total Direct Dopl.or Div Total burdened
Position "curs nY ''tal Laurr
Labor Benefits Labor Cost Overhead Labor CosUHr.
Code Compliance Officer II 34.15 10.25 44.40 4.4395 aes e n per Unit coat per
48.83 2.5 122.09
Total Burdened Personnel Costs per Unit of Service: 122 09
Material &Rental Costs
FR�eju:l on
ar Maili n s Cost Each Quantity Required
Unit t:cst
0.42 1 0.42
t`
Total Other costs per Unit of Service 0.42
Other Costs(Equipment,facilit rental, art-time labor w/o benefits
Descriolion
Cosl Each Quantity Re uired
Vehicle Ex ense qp r a Wit Cost
40.00 1.00 40.00
Total Other costs per Unit of Service: 40.00
Comparisons to Pro osed Fee
More(Less)than S.B. Total SerVK.e Direct CGSt 1R7, 1
Jurisdiction Fee per Unit Dollars Percenta e
San Bernardino 01y-WldeGen.6Aamin
Riverside 0.00 0.00 O.p°a Rated 1617% 26.11
Ontario 0.00 aural Serv�co CosWnrt 188 d2
0.00 O,Ogi�
Recommended Fee 185 01)
Current Fee Amount
Fee increase,Decrease) 185 G
ATTACHMENT"A"
Crime Fee Rental Huusmy Proyrarn-Estimated Program Costs and Revenue
4-90 UNI rs
lop Step I foully Rate Department Cli}wrde 1?snnlatcd
Position hire(hours) Annual Salary Ifenetits w,'Benetil5 Overhead Overhead Cost
Code Enforeentent Officer II 2 bl,l;5 20,ij I 45 32 50.40 >fi 06 112.12
Total Estimate Cost Per.%partnnenl Complex 112.12
Estimated gross revenue,based on 322 MFR's
With a proposed Ice of 5150 per apartment
complex and a collection cite of l00%: S 123,300
Top Step Year I Year 2
Staffcosts: T of ositions Annual Salary Benefits Total Cost 'rotal Cost
Code Enforcement Officer if 1 61,115 20,851 31 966 86,064
Suhtotal est.staff cost 81,966 86,064
t
Start-up costs-None
M&O-Departmental internal service charges,
paper,postage,etc.,escalating by 5'%b in Year 2 8,197 8,606
NI&O-C'ity%side internal service charges,p,p:r,
rK)stage,etc.,escalating by 5%in Ycar 2 1 3,1183 14,683
Total estimated pro grain cost 104,146 109,353
ATTACHN^ENT"B"
Crime Free Rental Housing Program-Estimated Program Costs and Revenue
- 91.199 UNITS
's
i
s
Top Step I lourly Rate Department Cit)wide Estimated
t'ositiu° l irate(hours) Annual Sala
Curie lntirccntcnl Otticer If ? 3eneli w/ 3cuetls henccad Overhead Cost
61,115
20,851 45.82 50.40 5b.u6 112.12
rural Estlmale Cost Per Apartment Complex
112.12
Total revenue,for an average of 860',1FR's with
a fee at 3150 per apartment complex and a
collection rate of 100%:
S 129,000
rup Step Year I Year 2
Statfcusts: #of rsitions Annual Sala 13enctils Total Cost Total Cost
Code Enforcement Officer II 1 61,1151 20,8511 81,966 86,064
sublutal est.staff cost 81,966 86,004
Start-tip Cu5IS-^iuttC
-Departmental internal service charges,
er, ostage,etc.,escalating bv 5%in Year 2
8,197 8,606
NUO-Citywide internal service charges,paper,
usta e,ctc.,escalating by 5%in Year 2 13,983 14,683
Total estimated ro gram cost 104,146 109,353
ATTACHMENT"B"
Crime Free Rental HOLISMU Program-Estimated Program Costs and Revenue
200+UNITS
Fop Step I lowly Rate
1"sition Department Estimated
I'lluethours) Annual Benefits Ai Henefits Overhead O%eihcad Cost
,,le l"nlur,cmcnt Officer 11 2 51 61.1 I5 20.3511 45.32 50.40 it,.1"'1 140.15
m1 Ver %pal 1111cill('simplex
140.15
Total revenue.for an average of 23 N1FR's"ith a
tee at$135 per apartment complex and a
collection rate of 100%:
S 4,255
Top Step Year I Year 2
Stalfccists: #ofpwitions Annual Salary Benefits Tow Cost Total Cost
Code Enficirceinent Officer 11 l 61,115 20,551 9661 86,0641
ISubtotal est.staff Cost 1 81,966 86,064
S tan-up costs-N,,ne
M&O-Departmental internal service charges,
paper,postage,etc.,escalating by 5�5,in Year 2 8,197 8,6061
NI&O-Citywide internal service charges,paper,
postage,etc.,escalating by 51•'.in Year 2 13,983 14,6831
Total estimated pro gram cost 104,146 109,353
ATTACHMENT"B"
Adopted: June 6, 2011
Effective: July 7, 2011
1 ORDINANCE NO. MC-1351
2 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
3 SAN BERNARDINO ADDING CHAPTER 15.27 ENTITLED CRIME-FREE RENTAL
HOUSING PROGRAM TO THE SAN BERNARDINO MUNICIPAL CODE.
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
6 restrictions and limitations provided in the Charter or by State law; and
7 WHEREAS, the City currently has a successful fire inspection program for fire safety in multi-
8 family rental housing; and
9 WHEREAS, the City finds it necessary to protect occupants of rental housing through
10
implementation of Crime Prevention Through Environmental Design(CPTED); and
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
NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
15 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. Chapter 15.27, Crime-Free Rental Housing Program, is hereby added to the San
25 Bernardino Municipal Code, to read as follows:
26 ///
27 ///
28
1
MC-1351
1 Chapter 15.27
2 CRIME-FREE RENTAL HOUSING PROGRAM
3
Sections:
4 15.27.010 Purpose.
5 15.27.020 Applicability.
6
15.27.030 Definitions.
7
15.27.040 Scope.
8
15.27.050 Mandatory Participation.
9
15.27.060 Landlord Certification.
10
15.27.070 Inspection Fees.
11
15.27.080 Notice of Inspection.
12
15.27.090 Violations.
13
14 15.27.100 Re-Inspections.
15.27.110 Administrative Citations.
15
16 15.27.120 Appeals.
17 15.27.130 Complaint-Based Inspections.
18 15.27.140 Enforcement-Public Nuisance.
19 15.27.150 Enforcement-Alternatives.
20 15.27.160 Penalties.
21 15.27.170 Severability.
22
23 15.27.010 Purpose.
24 The Crime-Free Rental Housing Program is a part of the City of San Bernardino's overall
25 effort to reduce crime in multi-family rental properties as defined herein. Owners of any multi-family
26 rental property will be required to maintain these units in accordance with all applicable laws.
27
28 1H
2
MC-1351
1 15.27.020 Applicability.
2
3 The provisions of this chapter shall apply to all multi-family rental property, as that term is
4 defined herein, within the City. This chapter also applies to the premises on which a multi-family
s
rental property is located, including but not limited to parking lots, driveways, landscaping, accessory
6 structures, fences, and walls.
7 The provisions of this chapter are supplementary and complementary to other provisions of
8 this code and applicable laws. Nothing in this chapter may be construed to limit any existing right of the
9 City to abate nuisances or to enforce any provisions of applicable law, statute or this Code, including
10 provisions of uniform codes adopted by reference in this Code.
11
12 15.27.030 Definitions.
13 For the purpose of this chapter, unless otherwise apparent from their context, certain words
14 and phrases used in this chapter shall have the meanings hereinafter designated. The definitions in this
15 chapter are included for reference purposes only and are not intended to narrow the scope of
16 definitions set forth in federal or state laws or regulations. Words used in this chapter in the singular
17 may include the plural and the plural may include the singular. Use of the masculine shall also mean
18 feminine and neuter.
19
A. "Applicable Laws" means the City's Municipal Code, the California Fire Code, the
20 California Building Code, the Uniform Housing Code, Uniform Code for the Abatement of
21 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.
22
B. "City" means the City of San Bernardino.
23
C. "Director" means the Director of Community Development of the City of San Bernardino or
2a his/her designee.
25
D. "Occupant" means any person who occupies a multi-family rental property, whether as a
26 tenant or permittee of the owner.
27
E. "Owner" or "Property Owner" means a single individual, partnership or joint venture or any
28 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
3
MC-1351
1 or the owner's designee. If more than one person or an entity owns the subject real property,
2 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
3 several as to each property owner.
4 F. "Multi-family Rental Housing Unit" or "Unit" means any residential dwelling unit, as
5 defined 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
6 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
7 multi-family rental housing units:
8
a) Hotels or motels.
9
b) Accommodations in any hospital, extended care facility, residential care facility,
10 convalescent home, nonprofit home for the aged, or dormitory that is owned and
11 operated by an education institution.
12 C) Mobile Home Parks.
13
G. "Multi-family Rental Housing Complex" means a multi-unit residential
14 structure consisting of four (4) or more units existing on one (1) parcel of land.
15
15.27.040 Scope.
16
17 The provisions of this Chapter shall apply to all multi-family rental housing complexes
18 containing four or more units on a single parcel.
19 15.27.050 Mandatory Participation.
20
21 A. All multi-family rental property located in the City shall be subject to an annual
22 inspection by the Director for compliance with the Crime-Free Housing Program standards.
23 B. All property owners and managers of multi-family rental property shall attend the 8
24 hour crime free housing course presented by the City within eight(8)months of the passage of this
25 ordinance. If a new owner or manager takes over the property,the new property owner or manager
26 shall complete the 8 hour crime free housing course presented by the City within six(6)months of
27 said ownership or employment.
28
4
MC-1351
1 C. The property owner shall use a crime free lease addendum on every unit rented. The
2 lease addendum shall provide for tenant eviction against tenants that allow or conduct certain
3 prohibited activities(gang, drug,or other specified criminal behavior).
4
D. The property owner shall provide the City with 24 hour contact information for the
5
property.
6
7 15.27.060 Landlord Certification.
8
9 A. Certification as a Crime Free property is optional. In order for the property
10 owner/landlord to be certified as a Crime Free property under this program,the property
11 owner/landlord shall complete the following phases:
12
1. Phase I
13
14 a. Owners and onsite Manager(s), where applicable, shall attend an eight-hour
15 crime-free housing course presented by code compliance,police, and fire within one
16 year of notification of the requirement, unless extended by the Director. The training
17 fee will be based on direct costs and shall be separate from the annual inspection fee.
18
19 b. Property owner shall use a written lease including the City of San Bernardino
20
Crime-Free Rental Housing Lease Addendum.
21 C. Property owner shall check the criminal background of all perspective tenants
22 and provide proof when requested by the Director.
23
24 d. Property owner shall actively pursue the eviction of tenants who violate the
25 terms of the lease and/or crime-free lease addendum.
26
2. Phase II
27
28
5
MC-1351
1 a. Property owner shall complete an annual security assessment and security
2 improvement inspection to certify that the rental property has met the security
3 requirements pursuant to the Principles of Crime Prevention through Environmental
4 Design for the tenant's safety.
5
6 b. Property owner shall have no unresolved City code violations within the past
7 year.
8
3. Phase III
9
to a. Property owner shall conduct resident training annually for the residents where
11 crime watch and crime prevention techniques are discussed.
12
13 B. Certification may be revoked if there are 10 or more calls for service in a one year
14 period.
15 15.27.070 Inspection Fees.
16
17 A. The annual inspection fee 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
18 costs of inspections and enforcement of this chapter.
19
20 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.
21
22 15.27.080 Notice of Inspection
23
24 The Director shall mail written notice of the date and time of the inspection to the owner of the
25 multi-family rental property at least three weeks before the scheduled annual inspection. Such notice
26 shall provide the address and phone number where additional information concerning the
27 inspection may be obtained. Notice to the owner shall be mailed by regular mail to the owner's last
28 known address as it appears in the records of the County Assessor's Office.
6
MC-1351
1
2 The notice of inspection for the Crime-Free Rental Housing Program shall be combined with
3 the Multi-Family Rental Housing Program notice to the greatest extent possible for the convenience
4 of the property owner.
5
15.27.090 Violations.
6
7 A. 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
8 and shall describe with reasonable detail the violation(s) so that the property owner has the
9 opportunity to correct said violation.
10 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
11 violations(s) shall be deemed to be in violation of this chapter.
12 C. Any owner of a multi-family rental property, who fails to permit the annual inspection by the
13 Director pursuant to this chapter, shall be in violation of this chapter.
14 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
t 5 chapter.
16
15.27.100 Re-Inspections.
17
18 A. One or more re-inspections may be conducted to verify that the deficiencies noted by the
19 Director during the annual inspection have been corrected.
20 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.
21
15.27.110 Administrative Citations.
22
A. Owners who fail to correct any deficiencies noted during any inspection or re-inspection may
23 be subject to an administrative citation in accordance with San Bernardino Municipal Code
24 Chapter 9.92 until all deficiencies have been corrected to the satisfaction of the Director.
25
B. Issuance of an administrative citation is in addition to any other administrative or
26 judicial (civil or criminal) remedy established by law which may be pursued to address any
27 violation of the Municipal Code.
28 15.27.120 Appeals.
7
MC-1351
1 A. Any recipient of an administrative citation may contest the citation by the procedures set forth
2
in Section 9.92.080 of this Code.
3 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.
4
5 15.27.130 Complaint-Based Inspections.
6
Nothing contained in this chapter shall prevent or restrict the City's authority to inspect any
7
multi-family rental property in response to a complaint alleging code violations or violations of
8
applicable laws and to pursue all remedies permissible under this Code or applicable laws.
9
10 15.27.140 Enforcement-Public Nuisance.
11 It shall be considered a public nuisance to have or maintain any multi-family rental
12 properties that fail to comply with any applicable laws. The Director shall have the power to require
13 correction of violations identified through the annual inspection by using the procedure set forth in
14 Chapter 8.30 of the San Bernardino Municipal Code.
15
16 15.27.150 Enforcement-Alternatives.
17 Nothing herein shall prevent the enforcement of this chapter by criminal, civil or administrative
18 actions either undertaken individually or in conjunction with other remedies.
19
The enforcement of this chapter by a criminal, civil or administrative action shall not relieve
20
21 the property owner of his or her obligations under this chapter.
22 15.27.160 Penalties.
23 A. A violation of this chapter shall be considered a misdemeanor and may be punished as such,
24 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
25 violation is a misdemeanor or an infraction, which upon conviction thereof is punishable in
26 accordance with the provisions of Section 1.12.010.
27 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
28 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
8
MC-1351
1 county that a lien will be placed on the property, and shall state the amount then owed. If full
2 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
3 for the rental property.
4
15.27.170 Severability.
5
6
In the event that any provision of this Ordinance, or any part thereof, or any application
7
thereof to any person or circumstance, is for any reason held to be unconstitutional or otherwise
8
invalid or ineffective by a court of competent jurisdiction on its face or as applied, such holding shall not
9
affect the validity of the remaining provisions of this Ordinance, or any part thereof, or any application
10
thereof to any person or circumstance or of said provision as applied to any other person or
11
circumstance. It is hereby declared to be the legislative intent of the City that this Ordinance would have
12
been adopted had such unconstitutional,invalid,or ineffective provision not been included herein.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
9
9
C-1351
i
1 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
2 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
joint regular meeting thereof,held on the 6_ th day of
5 _ .Tune , 2011, by the following vote,to wit:
6 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
7 MARQUEZ x
s --
VACANT
9
10 BRINKER x
11 SHORETT x
12 KELLEY x
13 JOHNSON
x
14
MC CAMMACK x
15
16
17
18
Rachel Clark, City Clerk
19 The foregoing Ordinance is hereby approved this 40 day of June 2011.
20
21
�.e
22 P T K J. MO yor
City of San Bernardino
23
Approved as to form:
24
25 JAMES F. PENMAN
City Attorney
26
27
28
10
a
I A'tTACII�IE;N'1' U
a
TOP 25 SURVEYED CITIES BY POPULATION:
City: T Population: Rental Units: I Crime-Free I'urticipation Rate:
I ro J
Los An"Cles 1.792.0 21 X21,;52 N
' T � 137------t Y- Partially
Sall Diego 1,307,402 ,193
Mandatory 80 -- ---�
San.lose ---- _ 945.94_' 10 7.664 � 14,- ---
*-----
San Francisco 8U5.? 5 )25.24.3 �. ---- -� ----------I
Fresno----- _ 494.065 ?-,619
Sacramento 490,488 81.515 N n-a -_--
j
Long Beach 462.257 101,263) N --
Il a_
Oakland 390.724 92,300 N Il a
Bakersfield 347,483 34,864 Y
Anaheim 316,265 49,859 N IU a
Santa :kna 324.528 37,817 Y(110 longer active) 36`?b
Riverside 303,871 37,263 Y 421)-0
Stockton 291,707 39,709 Y 17 1.,(')
Chula Vista 243,916 25,345 Y 18°„
Fremont 214,089 24,656 Y
Irvine 212,375 21,485 N w'a
San Bernardino I ' I
Modesto 201,165 32,745 Y 211,N0
Oxnard 197,899 19,286 Y 32"b
Fontana 196,069 11,455 Y-Partially 76%
Mandator
Moreno Valley 193,365 11,974 Y 34"/„
w Glendale 191,719 45,=408 Y 7"4,
Huntington Beach 189,992 30,076 N -,,/a
-
Santa Clarita 176,320 13.268 N n/a
Garden Grove 170,883 18,869 N I1/a
Oceanside 165,803 22,582 V-Mandator 89%
Victorville 98,662 48,052 Y-Mandator 78%
Hemet 70,136 1 0,408 Y 40%
Montclair 35,544 35,073 N n/a
ATTAC'IIIIEN'T E
a.
N 'TOP 25 SURVEYED CITIES PROGRAM COMPARISON:
3-Hour 2a-Contact Lease CPTED
City: Inspection Mandatory
'Training Info Addendum Standards
Los Angeles
San Diego Y Y Y-Required Y Y Y
San .lose Y Y Y Y
San Francisco Y Y Y Y
Fresno Y Y Y Y
Sacramento Y Y Y Y
Long Beach
Oakland
Bakersfield Y Y Y Y
Anaheim
Santa Ana Y Y Y Y
Riverside Y Y Y Y
Stockton Y Y Y Y
Chula Vista Y Y Y Y
Fremont Y Y Y Y
Irvine
San Bernardino PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED
Modesto Y Y Y Y
Oxnard Y Y Y Y
Fontana Y Y Y Y Y Y
Moreno Valley Y Y Y Y
Glendale Y Y Y Y
Huntington
Beach
Santa Clarita
Garden Grove
Oceanside Y Y Y-Required Y Y Y
Victorville Y Y Y-Required Y Y Y
Hemet Y Y Y Y In-Progress
Montclair
ATTA(I UN I ENT 1;
8-EIOUR COURSE DESC'RIPT'ION:
Department �—'time j Topics Covered
Description of the program -- —
iCertification process- three phases
Signage- Failure to comply
('ode Enforcement I hour ; ('rune Prevention through Environmental Design I
I Surveillance- Access control
j I Territoriality- Conflict resolution
Lighting and other deterrents '
------ ------�------i The:application Process ------ -
Equal Opportunity;Protected Classes
Control of Behavior and Criminal Behavior
Disclosure and Self-Refusals I
Information Verification- Refusing an Application
Community Rules and Lease agreements
Cih•Attomev 2 hours Use of the Crime Free Lease Addendum
Communication of rules- Residential Use Clause
Dealing with Non-Compliance
Civil Laws vs. Criminal Laws
Services of Notices and Documents
Summary of Notices
The Unlawful Detention Procedure
Eviction Service and Procedures
Crime Prevention
Elements of crime
Risk management
Target hardening
Combating Illegal activity
Displacement Theory
Possession of Firearms
Police Department 2 hours Gangs and Drugs
General Disturbances- Trespassing
Management and Resident's Responsibility
Ten Step Process
Partnership with The Police
"The Officer Won't Talk To Us"
Privacy Laws
Management Surveillance
Exiting Systems and Locks/Lock Boxes
Fire Systems and Fire Extinguishers
Pool Safety
Fire Department 1 hour Chemical StoragerFlanunable and Combustible LiLluids Storage
' Barbecue Grills- LPG Natural Gas
Working with the Fire Department
Fire Emergencv Guides ! k
I eating and Ventilation Units
Conducting Property Inspections i f
Apartment Checklist - Managers and Maintenance
C'onurtunity Safety Committee and Newsletter l
j Code Enforcement j 1 hour ; Building Apartment Communities I i
Problem Solving-Form vs. ]unction i
I ! fictive Property Management
I aking a Complaint- Entry to the Property
iood Property Maintenance
Source: International Crime Free.wociauon
t
VFFkCII NIENT G
PROPOSED CRIME-FREE LEASE ADDENDUM:
CRIME-FREE LEASE ADDENDI11
In consideration of the execution or renewal of a lease of the dwelling unit identified in the lease, (honer and
Resident agree as follows:
I. Resident, any numbers of'the resident's household or a ,nest or other person under the resident's Control shall
not engage in criminal activity, including drug-related criminal activity, on or near the said premises.
rclated criminal activity" means the illegal manufacture, sale, distribution. Use, or possession \citlt intent to
manufacture, sell, distribute, or use of a controlled substance (as defined in Section 102 of the Controlled
Substance Act[2 1 U.S.C. 802 J).
_'. Resident, any member of the resident's household or a guest or other person tinder the resident's control shall
not en,a,e in ally act intended to facilitate criminal activ�Y, including drug=-related criminal activity, on or near
the said premises.
3. Resident or members of the household will not permit the dwelling unit to be used for or to facilitate criminal
activity, including drug-related criminal activity, regardless of whether the individual engaging in such activity
is a member of the household,or a guest.
4. Resident, any member of the resident's household or a guest, or another person under the resident's control
shall not engage in the unlawful manufacturing sellin usin storing, keeping or giving of a controlled
substance as defined in Health & Safety Code §11350, et seq., at any locations, whether on or near the dwelling
unit premises or otherwise.
5. Resident, any member of the resident's household, or a guest or another person under the resident's control
shall not engage in any illegal activity, including: prostitution as defined in Penal Code §647(b); criminal street
gang activity, as defined in Penal Code §186.20 et seq.; criminal threats, as prohibited in Penal Code §422 PC;
assault and battery, as prohibited in Penal Code §240; burglary, as prohibited in Penal Code §459; the unlawful
use and discharge of firearms, as prohibited in Penal Code §245; sexual offenses, as prohibited in Penal Code
y*" §269 and 288, or ally breach of the lease agreement that otherwise jeopardizes the health safety and welfare of
the landlord,his agent or other tenant or involving imminent or actual serious property damage.
6. VIOLATION OF THE ABOVE PROVISIONS SHALL BE A IMATERIAL AND IRREPARABLE
VIOLATION OF THE LEASE AND GOOD CAUSE FOR IMMEDIATE TERMINATION OF
TENANCY. A single violation of any of the provisions of this added addendum shall be deemed a serious
violation and a material and irreparable non-compliance. It is understood that a single violation shall be good
cause for termination of the lease. Unless otherwise provided by law, proof of violation shall not require
criminal conviction, but shall be by a preponderance of the evidence.
7. In case of conflict between the provisions of this addendum and any other provisions of the lease, the provisions
of the addendum shall govern.
S. This LEASE ADDENDUM is incorporated into the lease executed or renewed this day between Owner and
Resident.
Property Name/Address: Unit#
Resident Signature: Date:
Resident Signature: Date:
Owner or Agent Signature: ----- — —-------- --- -
Date:
Source: International Crime Free Association
(TTED INSPECTION FORM:
CRIME PREVENTION -rimou(m ENVIRONNIEN'r.m. DESICN INSPECTION REPORT
[hc recommendations of flits inspection sunuy are not&uummcm6ou make >oorpxputy burglary, robbery, /kch. `v
| cnnn-proof Uvxuu. the 000/ymU nJmccthe probability oUoysaoccunio� i[px`pedyupp|i*dxoJ nuixuvuJ.
Complex Name: Address: Phone:
#of'hiks: Contact/Manager Name: Owner Name:
m 10011 Dili 0 11120 11 wurm
GROUNDS& Ex,rERIOR WALKWAYS/
LICUITING
1. Lighting adequate on walks, path%vays
2. Walks and stairs firee debris
3.Trem'shrubs obstruct walks from side of overhead
4. rraffic&parking control signs present and in good
condition
5. Speed bumps painted and in good condition
6. Fences structurally SOUnd and in good condition
7. Parking lot lighting
Other
SWIMMING POOLS& SPAS
1. Fences are prescribed heig
-4� ht and in goo d condition
2. Gates and locks operational(4'min.,4' from
3. Ladders secure
4. Depth marked
5. Pool safiety equipment present and in good
condition
(life buys, life hooks, telephone, first aid kits)
6. Pool furniture in good condition
7. Lighting adeqUate(lighting directed at pool)
8. Pool rifles posted and sign in good condition
9. Pool chemicals stored safely and securely-
I(). Pool access prevented a fter hours
Other
RECREA,rIONAL FACILITIES
1. Playground area properly graded with sm
^~'=^ ^= free ot'debris
' ' s |��o. etc. securely anchored
/
�
'
-P edges al
3. Playground equipment firce of'rust. id
slial
protnisions
4. Fencing in 900d C011ditiOn
5. Adequate li liting present
6. Tree: shrub obstructions
Cleanliness ofarea
=
Source: Internatiomil Crime Free Association
ATTACHMENT H
INSPECTION ITEMS YES NO I RECOMMENDATIONS
r'
BUILDING EXTERIOR
1. Entrance stairs front and rear in good condition
2. Stair railings mounted securely and in good condition
3. Porches clean and in good condition
4. Gutters and downspouts in good condition, clear of
obstructions and securely fastened
5. Building siding and trim in good condition
6. Roof covering in good condition
7. Fire escapes and walkways free of obstruction
8. Awnings secure
9. Doors, hinges and locks securely mounted and fully
operational
10.All signs securely mounted and in good condition
11. Address posted
12. Building numbers posted
13.Apartment numbers posted
14. Map of property posted(depict rental office)
Other
MISCELLANEOUS
1. Do exit doors open with path of travel
2. Exit doors equipped with panic hardware
3. Exit path clearly marked and free of obstructions
4. Emergency lighting properly placed and operational
5. Exit signs securely mounted, illuminated and in good
condition
6. Certificates posted
7.Using Crime Free Addendum
S. Doing background checks
9. Evictions(from program)
10. Knox Box(if building has a security door)
Other
INDIVIDUAL UNITS
1. Smoke detectors
2. Handrails present and securely fastened to building
3. Carpeting securely fastened and in good condition
4. Stairwells and hallways properly illuminated
5. Lighting fixtures secure and in good working order
6. Deadbolts(1"throw bolt)
7. Eye viewers(180 degrees)
S. Strike plate (3"screws)
9. Sliding door locks/door pin
Other
Source: International Crime Free Association
ATTACHMENT I
Crime Free Program Components Chart
Previous Program Proposed Program
Phase I: Training Phase I: Training
Service Participation Service Participation
8-Hr. Mgr. Training Voluntary 8-Hr. Mgr. Training Mandatory
8 Hr. Owner Training Voluntary 8 Hr. Owner Training Mandatory
CPTED Checklist Voluntary CPTED Checklist Mandatory
Previous Program Previous Program
Phase II: Inspection/Contact Information/ Phase II: Inspection/Contact Information/
Lease Addendum Lease Addendum
Service Participation Service Participation
Inspection(City Code) Not Provided Inspection(City Code) Mandatory
Inspection(OPTED) Voluntary Inspection(CPTED) Mandatory
Contact Information Not Provided Contact Information Mandatory
Lease Addendum Not Provided Lease Addendum Mandatory
Previous Program Previous Program
Phase III: Active Participation Phase III: Active Participation
Service Participation Service Participation
Maintain(CPTED) Voluntary Maintain (CPTED) Voluntary
Neighborhood Watch Voluntary Neighborhood Watch Voluntary
National Night Out Voluntary National Night Out Voluntary
Continuing Education Voluntary Continuing Education Voluntary