HomeMy WebLinkAboutMC-1351
ADOPTED: June 6. 2011
EFFECTIVE: July 7. 2011
ORDINANCE NO. MC-1351
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
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
WHEREAS, the City currently has a successful fire inspection program for fire safety in multi-
family rental housing; and
6
7
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
NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO DO ORDAIN AS FOLLOWS:
15
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
SECTION. Chapter 15.27, Crime-Free Rental Housing Program, is hereby added to the San
24
25
Bernardino Municipal Code, to read as follows:
26
III
27
III
28
III
MC-1351
2
3
Sections:
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Chapter 15.27
CRIME-FREE RENTAL HOUSING PROGRAM
15.27.010 Purpose.
15.27.020 Applicability.
15.27.030 Definitions.
15.27.040 Scope.
15.27.050 Mandatory Participation.
15.27.060 Landlord Certification.
15.27.070 Inspection Fees.
15.27.080 Notice ofInspection.
15.27.090 Violations.
15.27.100 Re- Inspections.
15.27.110 Administrative Citations.
15.27.120 Appeals.
15.27.130 Complaint-Based Inspections.
15.27.140 Enforcement-Public Nuisance.
15.27.150 Enforcement-Alternatives.
15.27.160 Penalties.
15.27.170 Severability.
15.27.010 Purpose.
The Crime-Free Rental Housing Program is a part of the City of San Bernardino's overall
effort to reduce crime in multi-family rental properties as defined herein. Owners of any multi-family
rental property will be required to maintain these units in accordance with all applicable laws.
III
2
MC-1351
15.27.020 Applicability.
2
3
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
4
5
(,
structures, fences, and walls.
7
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.
8
9
10
11
12
15.27.030 Definitions.
13
F or 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 defmitions inthis
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
feminine and neuter.
14
15
1(,
17
18
19
"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.
A.
20
21
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
his/her designee.
24
25
"Occupant" means any person who occupies a multi-family rental property, whether as a
tenant or permittee of the owner.
D.
26
27
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
28
3
MC-1351
2
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.
3
4
"Multi-family Rental Housing Unit" or "Unit" means any residential dwelling unit, as
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
the same parcel ofland, 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:
F.
5
6
7
8
a)
Hotels or motels.
9
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.
b)
]0
II
]2
c)
Mobile Home Parks.
13
"Multi-family Rental Housing Complex" means a multi-unit residential
structure consisting of four (4) or more units existing on one (1) parcel ofland.
G.
]4
]5
15.27.040 Scope.
]6
17
The provisions of this Chapter shall apply to all multi-family rental housing complexes
containing four or more units on a single parcel.
]8
19
15.27.050 Mandatory Participation.
20
A.
All multi-family rental property located in the City shall be subject to an annual
21
22
inspection by the Director for compliance with the Crime-Free Housing Program standards.
23
All property owners and managers of multi-family rental property shall attend the 8
B.
24 hour crime free housing course presented by the City within eight (8) months ofthe 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
KG-135 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
5
6
D. The property owner shall provide the City with 24 hour contact information for the
property.
7 15.27.060 Landlord Certification.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
A. Certification as a Crime Free property is optional. In order for the property
owner/landlord to be certified as a Crime Free property under this program, the property
owner/landlord shall complete the following phases:
1. Phase I
a. 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.
b. Property owner shall use a written lease including the City of San Bernardino
Crime-Free Rental Housing Lease Addendum.
c.
Property owner shall check the criminal background of all perspective tenants.
d. Property owner shall actively pursue the eviction of tenants who violate the
terms of the lease and/or crime-free lease addendum.
2. Phase II
a. Property owner shall complete an annual security assessment and security
improvement inspection to certify that the rental property has met the security
5
MC-1351
2
3
4
5
6
7
8
9
10
B.
11
12 period.
requirements pursuant to the Principles of Crime Prevention through Environmental
Design for the tenant's safety.
b. Property owner shall have no umesolved City code violations within the past
year.
3. Phase III
a. Property owner shall conduct resident training annually for the residents where
crime watch and crime prevention techniques are discussed.
Certification may be revoked if there are 10 or more calls for service in a one year
13
15.27.070 Inspection Fees.
14
15
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
costs of inspections and enforcement of this chapter.
16
17
18
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.
19
20 15.27.080 Notice of Inspection
21
22 The Director shall mail written notice of the date and time of the inspection to the owner of the
23 multi-family rental property at least three weeks before the scheduled annual inspection. Such notice
24 shall provide the address and phone number where additional information concerning the
25 inspection may be obtained. Notice to the owner shall be mailed by regular mail to the owner's last
26 known address as it appears in the records of the County Assessor's Office.
27
28
6
MC-1351
The notice of inspection for the Crime-Free Rental Housing Program shall be combined with
2 the Multi-Family Rental Housing Program notice to the greatest extent possible for the convenience
3 of the property owner.
4
5
15.27.090 Violations.
6
7
8
9
10
II
12
13
14
15
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
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.
c.
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.
16
17 A.
18
19
B.
20
21
A.
22
23
24
B.
25
26
27
28
A.
One or more re-inspections may be conducted to verify that the deficiencies noted by the
Director during the annual inspection have been corrected.
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 subj ect to correction.
15.27.110 Administrative Citations.
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.
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.
15.27.120 Appeals.
Any recipient of an administrative citation may contest the citation by the procedures set forth
in Section 9.92.080 of this Code.
7
KC-1351
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.
2
3
15.27.130 Complaint-Based Inspections.
4
5
Nothing contained in this chapter shall prevent or restrict the City's authority to inspect any
multi-family rental property in response to a complaint alleging code violations or violations of
applicable laws and to pursue all remedies permissible under this Code or applicable laws.
6
7
8
15.27.140 Enforcement-Public Nuisance.
9
It shall be considered a public nUisance to have or maintain any multi-family rental
10
11
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
12
Chapter 8.30 of the San Bernardino Municipal Code.
13
14
15.27.150 Enforcement-Alternatives.
15
Nothing herein shall prevent the enforcement of this chapter by criminal, civil or administrative
actions either undertaken individually or in conjunction with other remedies.
16
17
18 The enforcement of this chapter by a criminal, civil or administrative action shall not relieve
19 the property owner of his or her obligations under this chapter.
20
15.27.160 Penalties.
21
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.
22
23
24
25
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
B.
26
27
28
8
KC-IJ51
for the rental property.
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
15.27.170 Severability.
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.
III
III
III
III
III
III
III
III
III
III
III
III
III
III
III
III
III
III
19
20
21
22
23
24
25
26
27
28
9
C-1351
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 ioint regular meeting thereof, held on the 6th day of
,Tune , 20 II, by the following vote, to wit:
5
6 COUNCIL MEMBERS:
7 MARQUEZ
8
VACANT
9
BRINKER
10
II SHORETT
12 KELLEY
13 JOHNSON
14
MC CAMMACK
15
AYES
NAYS
ABSTAIN
ABSENT
~
~
~
~
~
~
16
17
.&~ h_C1~.
Racn Clark, City Clerk
.,.~
The foregoing Ordinance is hereby approved this ~ day of June ,2011.
18
19
20
21
~~Yor
City of San Bernardino
22
23
Approved as to form:
24
25 JAMES F. PENMAN
City Attorney
26
27 }.
28
10