HomeMy WebLinkAboutMC-1371
Adopted: March 19, 2012
Effective: April 18, 2012
ORDINANCE NO. HC-1371
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AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 15.26 OF THE SAN BERNARDINO MUNICIPAL
CODE REGARDING THE SINGLE-FAMILY RENTAL
PROPERTY INSPECTION PROGRAM.
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
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BERNARDINO DO ORDAIN AS FOLLOWS:
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8 Section 1.
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Section 2.
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11 15.26.040
Section 15.26.030 Rebuttable Presumption is hereby deleted.
Section 15.26.040(C) is hereby amended to read as follows:
Definitions.
12 C.
"Director" means the Director of Community Development or his/her designee.
13 Section 3. Section 15.26.040(F) is hereby amended to read as follows:
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15.26.040
Definitions.
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F. "Single-Family Rental Property," "Rental Property" or "Rental Unit" means a
16 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 three
17 or less such dwelling units on the same parcel of land, and is occupied or for
18 occupancy by a person(s) other than the Owner of the unit and includes the premises
on which said Rental property is situated and any common areas, including but not
19 limited to parking lots, driveways, landscaping, accessory structures, fences, walls,
swimming pools, hot tubs, and spas. Rental Property includes, but is not limited to:
20 property that is rented or leased to any person for fair market value monetary
21 compensation; property that is claimed on Internal Revenue Service Tax Forms as a
rental; or property managed by a property manager. For the purpose of this chapter,
22 the following types of dwelling units or facilities are not considered single-family rental
housing units:
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a) Multifamily Rental Housing Complexes as defined in chapter 15.25 of this code;
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b) Hotels or motels.
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c) Condominiums, as defined in chapter 19.02 of the San Bernardino
Development Code, that are used for residential dwellings. This exception only
applies if the condominium has a bona fide home owner's association ("HOA").
For purposes of this exemption, an HOA is "bona fide" if the HOA has approved
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MC-1371
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and recorded Covenants, Conditions &Restrictions (CC&R's), holds meetings
on a regular (at least bi-monthly) basis and/or contracts with a property
management company to ensure the maintenance of the common areas.
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c) 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.
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6 d) Mobile Home Parks.
7 Section 4. Section 15.26.050 is hereby amended to read as follows:
8 15.26.050 Compliance with Business Registration Requirements.
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Every property owner subject to this chapter must comply with the business
registration requirements of Title 5 of this code.
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Section 15.26.060 is hereby amended to read as follows:
Section 5.
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15.26.060
Semi-Annual Inspection Required
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All rental property located in the City shall be subject to a semi-annual inspection by
14 the Director for compliance with applicable laws.
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Section 6.
Section 15.26.130(A) is hereby amended to read as follows:
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15.26.130 Self Certification Program
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(A) Well-maintained rental property with no outstanding violations of any
applicable laws may qualify to participate in the Self Certification Program. Qualifying
properties will not be subject to inspections for a period of three (3) additional years,
provided that the conditions of the rental property do not deteriorate during that time to
20 the point where the rental property would no longer meet eligibility standards for the
Self Certification Program.
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22 Section 7. Section 15.26.130(G) is hereby added to read as follows:
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15.26.130 Self-Certification Program
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(G) If an officer determines that a property qualifies for self-certification upon
inspecting the property in accordance with this chapter, the property shall be
automatically enrolled in the Self-Certification Program.
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MC-1371
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AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 15.26 OF THE SAN BERNARDINO MUNICIPAL
CODE REGARDING THE SINGLE-FAMILY RENTAL
PROPERTY INSPECTION PROGRAM.
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5 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a JOINT REGULAR meeting
thereof, held on the 19TH day of MARCH ,2012, by the following vote, to wit:
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COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
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9 MARQUEZ x
10 JENKINS x
11 VALDIVIA X
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SHORETT X
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KELLEY X
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15 JOHNSON X
16 MC CAMMACK X
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The foregoing Ordinance is hereby approved this 20th day of March
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,2012.
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22 ayor
23 Approved as to form:
24 JAMES F. PENMAN
25 City Attorney
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