HomeMy WebLinkAbout11-Code Enforcement ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Glenn Baude, Director Subject: An Ordinance of the Mayor
and Common Council of the City of San
Dept: Code Enforcement Bernardino, California Amending the
San Bernardino Municipal Code Adding
Date: March 12, 2008 Chapter 15.26 Entitled Single-Family
Rental Property Inspection Program
M/CC Meeting Date: March 17, 2008
Synopsis of Previous Council Action:
April 2007 - Volunteer Program approved
March 2008 - Recommended for approval by the Legislative Review Committee
Recommended Motion:
That said Ordinance be laid over for final adoption.
115ay'06
Signature
Contact person: Marianne Milligan Phone: 384--5970
Supporting data attached: Yes Ward: All
FUNDING REQUIREMENTS: Amount: Self Funding
Source: (Acct. No.)
(Acrt Description)
Finance:
Council Notes:
/-7 O 2, Ofd
Agenda Item No. _
q/7/C�
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,
California Amending the San Bernardino Municipal Code Adding Chapter 15.26 Entitled Single-
Family Rental Property Inspection Program.
Background:
At their April 2007 meeting, the Mayor and Common Council approved the Code Enforcement
Department's Volunteer Program and directed Staff to research and report back on the possibility
of implementing a single- family rental ("SFR") housing inspection program.
Because of the very large number of potential SFR's throughout the City, the California Gardens
Area(the "Area") was chosen as a target area for a pilot SFR Inspection Program (the
"Program"). The Area was chosen because it has a good mix of older rental housing stock and
newer rental housing stock. The Area is bounded by Baseline at the South, California on the
West, Highland on the North and the City limits on the East. During the pilot Program, no fee
was imposed for these inspections.
Our first group of 10 volunteers completed their initial training and with the SFR information
compiled by staff have now completed the initial survey of the California Gardens Area. The
Volunteers actually conducted a street by street survey of all the homes in the California Gardens
Area and found a total of 641 units. Of these 641 units, it has been determined that 163 units are
SFRs.2
Staff also estimated the number of SFR's based on the number of square acres in the Area
compared to that of the entire City (38,381.72 square acres or 59.97 square miles). By
extrapolation, we estimated that since the Area contains 24.6% SFR's per sq. acre then the City
would have approximately 9,442 SFRs located throughout the City. According to the 2006
Census data, we have approximately 13,342 SFRs in the City.
Based on above, there are at least 9,442 SFR's and as many as 13,342 SFRs. For purposes of
this report and for calculation of fees and costs, an average of 11,392 SFRs is being used.
In order to determine the amount of an inspection fee to be charged for an SFR inspection, we
determined the amount of time a staff member will require to conduct an inspection.
One impact on the anticipated cost of the inspection is the actual scope of the inspection. One
option is to conduct exterior inspections only rather than interior and exterior inspections which
is what the Fire Department currently conducts for their Multi-Family Residential ("MFR")
inspections. The majority of Cities that currently conduct SFR inspections, begin with exterior
' Staff cross-referenced ownership information obtained from the County Recorder's Office Tax rolls with Water
Department billing information. If the name on the Tax Roll did not match the name on the Water bill,or was sent
to an address other than the property address, it was assumed that the property was non-owner occupied and
therefore a rental property. Based on this information, staff determined that the Area contains 176 possible SFR's.
z This number is very close to the 176 originally estimated by the cross-referencing of water bills to tax records—
only a difference of 13.
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inspections and proceed to interior inspections if the inspector reasonably believes that interior
code violations may exist. (See Attachment"A" for information regarding other cities with SFR
Inspection Programs.)
It is recommended that at this time only exterior inspections of the SFR's be conducted.
During the survey of the Area, the Volunteers conducted exterior inspections only. The
Volunteers have issued courtesy notices for all violations noted from the public right of way,
conducted due diligence and have completed reinspections of the Area which included a total of
641 properties. Of these, 176 were presumed to be rentals. Of the 176 SFRs, only two (2) did
not have violations on the first inspection. Therefore, it is recommended that all SFR's pay the
initial inspection fee and then they can participate in the self-certification which is discussed
below.
Of the 176 SFR's only 58 had a current business registration. Notices for no business
registration have been issued for these properties as well as the information being forwarded to
the City Clerk's Office.
Of course, the severity of the violations at each SFR will impact how much time the Officer will
actually have to spend on each property. However, based on the Volunteers' survey it is
estimated that the majority (78%) of SFR owners will comply after the courtesy notice has been
sent and 22%will require additional Officer time for subsequent enforcement activities. To date,
approximately 1 hour of volunteer time has been spent per SFR which includes due diligence,
initial inspections and re-inspections and approximately '/2 hour of a Code Enforcement
Processing Assistant ("CEPA") time.
FINANCIAL IMPACT
It is staff's recommendation that this Program be completely self-funded and have no net impact
on the General Fund budget.
Based on the above information, it is anticipated that each Officer will spend at least one hour
and a CEPA '/2 hour for each inspection. It is further estimated that for the 22% non-compliant
SFR's an additional hour of Officer's time will be required. Therefore, an Officer will spend and
average of 1.2 hours per SFR property.
The potential costs and revenue are based on the assumption that there are approximately 11,392
SFR's throughout the City. Please note that the actual number of SFRs may vary year to year.
There are approximately 1,789 hours a year per person available for actual inspections'. If all
11,392 SFR's are inspected annually, a total of 8 additional Code Officer II's (11,392 SFR's x
1.2 hour each- 1,789 = 7.6 rounded to 8), 1 additional Supervisor or Senior Code Officer and 1
additional CEPA would be required to perform these annual inspection.
3 2,080 less 80 hours vacation, 117 hours holiday, 54 hours training and 40 hours sick leave. These figures were
provided by the City Manager's Office as average deduction from available work hours for employees.
2
Attachment "B" lists the estimated costs along with the estimated revenue. Since this is a new
Program actual costs and revenue remain unknown however, we project the 0 year revenues to
be approximately $900,000 to $1,000,000 with estimated costs of$910,000. Based on the
Program cost analysis, the Program will be self-supporting. In order to recover the cost for this
Program, an annual inspection fee of$100.00 is recommended.
The proposed $100.00 fee for this Program will be brought to the Mayor and Common Council
and established as part of the annual City-wide user fee update that is anticipated to be brought
forward for Mayor and Common Council approval within the next 60 days.
ORDINANCE
At the LRC's March 4, 2008 meeting a draft ordinance was presented and recommended for
approval.
The ordinance exempts condominiums from the Program Ythe condominiums have a"bona
fide" home owners association ("HOA"). The rationale for this exemption is that if there is a
bona fide HOA, the HOA and/or property management company will ensure the maintenance of
the common areas and thus, would not require annual inspections. Please note that even with
this exemption, we would still respond to complaints at a condominium complex.
The ordinance also provides for a"self-certification program" wherein property owners may,
upon payment of the initial annual inspection fee, qualify for an exemption from the annual
inspection and payment of an annual inspection fee for up to 2 years, so long as their property is
well maintained. Many cities charge a reduced annual inspection fee in years 2 and 3 for owners
participating in the self-certification program, but it is staff's recommendation, at this time, that
no fee be charged if a property qualifies for the self-certification program.
If this Program is approved, staff will maintain detailed records on the Program and its results.
At the end of the first year, Staff will have a more accurate accounting of the actual number of
SFR's, the staff time expended and actual costs incurred by the Code Enforcement Staff which
may require a re-evaluation of the fee.
If this item is approved and once the Ordinance becomes effective, staff will initiate approval for
the new positions required for the Program, work with the Information Technology Department
to establish a computer program for cross-referencing water and County Recorder records, and
develop a billing and collection system for the established fee. Staff anticipates that it will take
approximately 6 months after the effective date of the Ordinance to implement the Program,
depending on the successful recruitment of the additional staff required.
RECOMMENDATION:
1. That said Ordinance be laid over for final adoption.
3
Single Family Rental Housing Inspection Programs
Business Inspections Inspection
City Exterior/Interior License Fee Occur Fee
Exterior. Obvious
Azusa violations warrant requests $128 Annually $52
for internal inspections
Grand Exterior unless a
complaint is filed by $30 Annually $95
Terrace tenant
Pasadena Both Included in Annually $129
Exterior. Obvious
San violations would warrant wally
Bernardino - requests for internal
Proposed inspections $60 $100
City Manager's office ATTACHMENT "A"
3/3/08
Single-Family Rental Inspection Program-Estimated Program Costs and Revenue
Top Step Hourly Rate Department Citywide Estimated
Position Time(hours) Annual Salary Benefits w/Benefits Overhead Overhead Cost
Code Enforcement Officer II 1.21 61,0921 18,3281 44.391 48.831 56.681 68.02
Code Enforcement Processing Asst. 0.51 37,1041 11,1311 26.961 29.661 34.421 13.48
Supervisor/Senior Code Enforcement Officer 0.251 78,4921 23,5481 57.041 62.741 72.821 14.26
Deputy Director 0.041 129.0841 A7251 93.801 103.181 3.75
Total est.cost per unit 99.51
Total revenue,for an average of 11,392 SFR's
with a fee at$100 per unit and collection rate of
90%: $ 1,025,280
Top Step Year 1 Year 2
Staff costs: 4 of positions Annual Salary Benefits Total Cost Total Cost
Code Enforcement Officer II 81 61,0921 18,3281 635,360 667,128
Code Enforcement Processing Asst. 11 37,1041 11,3121 48,4161 50,837
Supervisor/Senior Code Enforcement Officer 1 78,4921 23,5471 102,0391 107,141
Subtotal est.staff cost 683,7761 717,965
Start-up costs-Vehicles;desks;computers;etc.,
amortized over 5 years($41,000/ ear) 205,000 41,000 41,000
M&O-Departmental internal service charges,
paper,postage,etc.,escalating by 5%in Year 2 68,378 71,796
M&O-Citywide internal service charges,paper,
postage,etc.,escalating by 5%in Year 2 116,652 122,485
Total estimated program cost 909,8061 953,246
Total estimated revenues @$100/unit(90%
CR) 1,025,280 1,025,280
Difference(cushion for program contingencies) 115,474 72,034
Draft 03113/2008 5:30 PM
ATTACHMENT 'B"
Code Enforcement Dept.
AN ORDINANCE OF THE MAYOR AND COMMON CO CI a
OF THE CITY OF SAN BERNARDINO, CALIFO A
AMENDING THE SAN BERNARDINO MUNICIPAL CODE
ADDING CHAPTER 15.26 ENTITLED SINGLE-FAMILY
RENTAL PROPERTY INSPECTION PROGRAM.
WHEREAS, the City of San Bernardino currently has a successful fire
inspection program for multi-family rental housing; and
WHEREAS, all substandard and deteriorated rental housing has a detrimental
effect upon the stability of neighborhoods, is environmentally undesirable and
4 therefore detrimental to City residents and to neighboring communities; and
WHEREAS, the City finds it necessary to protect occupants of all rental housing
6 from substandard housing and to maintain neighborhood stability and to provide for an
environmentally desirable community for all residents; and
WHEREAS, it is necessary to enforce minimum standards for residential rental
8 property and to provide a program for enforcing these standards which is self-
9 supporting; and
to WHEREAS, in order to provide for such needed annual inspection of residential
rental property, it is necessary to impose a fee for such inspections. Such fees
11 imposed are established to recover the cost of the inspection and are not imposed on
12 the property ownership per se, but rather on the carrying on of the business of renting
residential property subject to this ordinance; and
WHEREAS, it is necessary that the source of funds be predictable and reliable
14 for the efficient and continued operation of such a program. The imposition of a
15 Residential Rental Property Inspection Fee is an appropriate means to accomplish this
purpose and to minimize, to the greatest extent possible, the reliance of such a
6 program on the City's general fund for its costs of operation.
- ' THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
v I ORDAIN AS FOLLOWS:
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AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA
AMENDING THE SAN BERNARDINO MUNICIPAL CODE
ADDING CHAPTER 15.26 ENTITLED SINGLE-FAMILY
RENTAL PROPERTY INSPECTION PROGRAM.
Section 1. Chapter 15.26 of the San Bernardino Municipal Code is hereby added to
read as follows:
Chapter 15.26
SINGLE-FAMILY RENTAL PROPERTY INSPECTION PROGRAM
Sections:
15.26.010 Purpose.
15.26.020 Applicability.
15.26.030 Rebuttable Presumption.
15.26.040 Definitions.
15.26.050 Compliance With Business License Requirements.
15.26.060 Annual Inspection Required.
15.26.070 Inspection Fees.
- 15.26.080 Notice of Inspection.
15.26.090 Violations.
15.26.100 Re-Inspections.
_ 15.26.110 Administrative Citations.
15.26.120 Appeals
13 15.26.130 Self-Certification Program.
14 15.26.140 Complaint-Based Inspections.
15.26.150 Voluntary Inspection Requests.
1s 15.26.160 Enforcement-Public Nuisance.
15.26.170 Enforcement-Alternatives.
16 15.26.180 Penalties.
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15.26.010 Purpose.
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The Single-Family Rental Property Inspection Program is a part of the City of San
- Bernardino's overall effort to encourage upkeep of all Rental property as defined
L V herein. Owners of any Rental property will be required to maintain these units in
accordance with all applicable laws.
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22 15.26.020 Applicability.
The provisions of this chapter shall apply to all Single-Family Rental property, as that
term is defined herein, within the City. This chapter also applies to the premises on
24 which a Rental Property is located, including but not limited to parking lots, driveways,
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iandscaping, accessory structures, fences, walls, swimming pools, hot tubs, and spas.
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AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA
AMENDING THE SAN BERNARDINO MUNICIPAL CODE
ADDING CHAPTER 15.26 ENTITLED SINGLE-FAMILY
RENTAL PROPERTY INSPECTION PROGRAM.
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.
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15.26.030 Rebuttable Presumption.
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For the purpose of this chapter, if the water bill for a property is in a different name
than that of the Property Owner or if the water bill is in the Owner of record's name,
but mailed to an address other than the property address, it shall be a rebuttable
presumption that the property is a Rental Property. This presumption can be rebutted
by the Owner of record providing reasonable documentation to the City that the
property is owner occupied or is not being used for rental income.
10 15.26.040 Definitions.
11 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
y� 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
14 and the plural may include the singular. Use of the masculine shall also means
1s feminine and neuter.
16 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
17 of Dangerous Building and any other laws or regulations relating to the health or
P safety of City residents or the general public.
9 B. "City" means the City of San Bernardino.
C. "Director" means the Director of Code Enforcement of the City of San Bernardino or
his/her designee.
22 D. "Occupant" means any person who occupies a rental property, whether as a tenant
or permittee of the owner.
L I E. "Owner' or "Property Owner" means a single individual, partnership or joint venture
4 I or any entity that has any kind of ownership interest in a rental property whether as an
2 J 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
26 subject real property, owner or property owner refers to each person or entity holding
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AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA
AMENDING THE SAN BERNARDINO MUNICIPAL CODE
ADDING CHAPTER 15.26 ENTITLED SINGLE-FAMILY
RENTAL PROPERTY INSPECTION PROGRAM.
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.
F. "Single-Family Rental Property," "Rental Property" or ''Rental Unit" means a
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
or less such dwelling units on the same parcel of land, and is occupied or for
- occupancy by a person(s) other than the Owner of the unit and includes the premises
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on which said Rental property is situated and any common areas, including but not
limited to parking lots, driveways, landscaping, accessory structures, fences, walls,
swimming pools, hot tubs, and spas. For the purpose of this chapter, 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;
1 b) Hotels or motels.
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
and recorded Covenants, Conditions &Restrictions (CC&R's), holds meetings
1 on a regular (at least bi-monthly) basis and/or contracts with a property
6 management company to ensure the maintenance of the common areas.
I17 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.
; a
d) Mobile Home Parks.
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15.26.050 Compliance with Business License Requirements,
22 Every Property Owner subject to this chapter must comply with the business
registration requirements of Title 5 of this Code.
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24 15.26.060 Annual Inspection Required.
25 All Rental Property located in the City shall be subject to an annual inspection by the
Director for compliance with applicable laws.
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AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA
AMENDING THE SAN BERNARDINO MUNICIPAL CODE
ADDING CHAPTER 15.26 ENTITLED SINGLE-FAMILY
RENTAL PROPERTY INSPECTION PROGRAM.
15.26.070 Inspection Fees.
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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
B. The Owner of a 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.
8 C. Owners qualified for the Self-Certification Program shall pay the annual
S inspection fee the first year of participation and thereafter shall not be required
to pay the annual inspection fee for the second and third year of participation in
10 the program. If an Owner is removed from the Self-Certification Program he
shall become subject to annual inspections and annual inspection fees.
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15.26.080 Notice of Inspection.
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The Director shall mail written notice of the date and time of the inspection to the
14 Owner of the Rental Property at least three weeks before the scheduled annual
inspection. Such notice shall provide the address and phone number where additional
LL information concerning the inspection may be obtained. Notice to the Owner shall be
E mailed by certified mail to the Owner's last known address as it appears in the records
of the County Assessor's Office.
15.26.090 Violations.
19 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
20 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
21 violation.
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B. Any person who fails to comply with any provisions of this chapter after
23 receiving written notice of the violation(s) and being given a reasonable
opportunity to correct such violation(s) shall be deemed to be in violation of this
2 chapter.
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C. Any Owner of a Rental Property, who fails to permit the annual inspection by
2E the Director pursuant to this chapter, shall be in violation of this chapter.
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AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA
AMENDING THE SAN BERNARDINO MUNICIPAL CODE
ADDING CHAPTER 15.26 ENTITLED SINGLE-FAMILY
RENTAL PROPERTY INSPECTION PROGRAM.
D. Any Owner of a 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.
15.26.100 Re-Inspections.
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.
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.
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15.26.110 Administrative Citations.
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A. Owners who fail to correct any deficiencies noted during any inspection or re-
-1 inspection may be subject to an administrative citation in accordance with San
Bernardino Municipal Code Chapter 9.92 until all deficiencies have been
J corrected to the satisfaction of the Director.
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B. Issuance of an administrative citation is in addition to any other administrative
Y or judicial (civil or criminal) remedy established by law which may be pursued to
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address any violation of the Municipal Code.
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15.26.120 Appeals.
6 A. Any recipient of an administrative citation may contest the citation by the
procedures set forth in section 9.92.080 of this Code.
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B. Any party to an administrative citation hearing may appeal from an adverse
L0 ruling to the Board of Building Commissioners as set forth in chapter 9.92.180
of this Code.
22 15.26.130 Self-Certification Program
23 A. Well-maintained Rental Property with no outstanding violations of any
24 applicable lays may qualify to participate in the Self-Certification Program.
Qualifying properties will not be subject to inspections for a period of three
25 (3) years, provided that conditions of the Rental Property do not deteriorate
during that time to the point where the Rental Property would no longer
z6 meet eligibility standards for the Self-Certification Program.
28 6
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA
AMENDING THE SAN BERNARDINO MUNICIPAL CODE
ADDING CHAPTER 15.26 ENTITLED SINGLE-FAMILY
RENTAL PROPERTY INSPECTION PROGRAM.
B. To qualify for the Self-Certification Program, a Property Owner must:
3 1. Complete the Self-Certification Program application packet provided by
the City;
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2. Pay the annual inspection fee and any other fees required by applicable
laws;
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3. Conduct a self-inspection of all exterior and site conditions of all Rental
Property, and certify that conditions at the Rental Property meet the
exterior standards listed on the Self-Certification Program's checklist.
C. Upon receipt of a request from a Property Owner to participate in the Self-
Certification Program and payment of the appropriate fee(s), the City may
o inspect the Rental Property. If the Director determines that the property is
qualified to participate in the Self-Certification Program a certificate of
1 compliance will be issued and the Property Owner will not be required to
pay the annual inspection fee for the second and third years. Recertification
12 in the Self-Certification Program and payment of the annual inspection fee
13 shall be required every three (3) years.
14 D. If the Director determines that the property is not eligible to participate in the
5 Self-Certification Program, then the residential Rental Property shall be
subject to inspection and the Property Owner shall be assessed the annual
16 inspection fee as well as any other applicable fees.
E. At all times, the City shall retain the authority to investigate and address any
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violation of applicable laws.
i F. Any Owner that fails to maintain a Rental Property to meet all of the
standards listed on the Self-Certification Program's checklist shall
20 immediately be removed from the Self-Certification Program and become
subject to annual inspections.
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22 15.26.140 Complaint-Based Inspections.
23 Nothing contained in this chapter shall prevent or restrict the City's authority to inspect
24 any 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
25 laws.
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AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA
AMENDING THE SAN BERNARDINO MUNICIPAL CODE
ADDING CHAPTER 15.26 ENTITLED SINGLE-FAMILY
RENTAL PROPERTY INSPECTION PROGRAM.
15.26.150 Voluntary Inspection Requests.
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3 Nothing contained in this chapter shall be construed to prohibit a Property Owner or
Occupant from voluntarily requesting an inspection pursuant to this chapter to
4 determine whether the Rental Property complies with applicable laws.
5 15.26.160 Enforcement-Public Nuisance.
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It shall be considered a public nuisance to have or maintain any 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 Municipal Code.
15.26.170 Enforcement-Alternatives.
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Nothing herein shall prevent the enforcement of this Chapter by criminal, civil or
11 administrative actions either undertaken individually or in conjunction with other
2 remedies.
13 The enforcement of this Chapter by a criminal, civil or administrative action shall not
14 relieve the Property Owner of his or her obligations under this Chapter.
15 15.26.180 Penalties.
16 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
17 provisions of this article may be filed as an infraction. The complaint charging such
18 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
19 1.12.010.
20 B. Any fees established pursuant to this section which are more than 30 days
21 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
22 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
23 the property, and shall state the amount then owed. If full payment is not received
24 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
25 Property.
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AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA
AMENDING THE SAN BERNARDINO MUNICIPAL CODE
ADDING CHAPTER 15.26 ENTITLED SINGLE-FAMILY
RENTAL PROPERTY INSPECTION PROGRAM.
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Section 2. 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
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provision not been included herein.
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AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA
AMENDING THE SAN BERNARDINO MUNICIPAL CODE
ADDING CHAPTER 15.26 ENTITLED SINGLE-FAMILY
RENTAL PROPERTY INSPECTION PROGRAM.
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a regular meeting thereof, held on
the day of 2008, by the following vote, to wit:
COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
ESTRADA
BAXTER
BRINKER
8
DERRY
10 KELLEY
11 JOHNSON
12 MC CAMMACK
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14
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Rachel Clark, City Clerk
16 The foregoing Ordinance is hereby approved this day of 2008.
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PATRICK J. MORRIS, Mayor
1 9 City of San Bernardino
Approved as to form:
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JAMES F. PENMAN
21 City Attorney
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By:
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L S
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