Rohnert Park Municipal Code Ch. 1.26 Residential Rental Units

Footnotes:

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Editor's note— Ord. No. 986, § 4(Exh. A), adopted Jan. 28, 2025, repealed the former Ch. 1.26, §§ 1.26.010—1.26.080, and enacted a new Ch. 1.26 as set out herein. The former Ch. 1.26 pertained to administrative hearings, and derived from Ord. No. 942, § 8, adopted Jan. 28, 2020.

It is declared a public nuisance for any person or entity owning, leasing, renting, occupying, or having charge or possession of any residential dwelling, property or unit(s) in the city to maintain such residential rental dwelling, property or unit(s) in such a manner as to permit their tenant(s), any member of the tenant's household, their children, their guests, or their visitors while on the premises, to create or permit a violation of Section 1.23.030 of this chapter, or to violate or permit the violation of any house rule or lease provision required pursuant to this chapter.

A violation of Section 1.23.030 of this chapter, or of any house rule or lease provision required pursuant to this chapter shall include, but shall not be limited to, any criminal, drug-related or other activity on or near such premises that threatens the health, safety, or right of peaceful enjoyment of the premises of the other residents or adjacent property, wherein the owner fails to take all necessary action(s) or to make necessary expenditure(s) to correct the violation within thirty days of receiving notice of such violation. Such violation may, at the city's discretion, be abated pursuant to this chapter, and in addition, pursuant to the procedures for abatement which are conferred upon the city by the Code of Civil Procedure Section 731, Health and Safety Code Sections 11570—11579 and other lawful authority.

Further, any person or entity owning, leasing out, renting out, occupying, or having charge or possession of any residential dwelling, property or unit(s) in the city shall jointly and severally be responsible for the administrative costs or any other costs of the city abating or causing the owner or other person responsible for the property to abate a violation of this chapter. Such costs may be recouped by the city pursuant to the provisions of this chapter or any other method provided by this code or other provisions of law or statute.

(Ord. No. 986, § 4(Exh. A), 1-28-2025)

Any residential rental dwelling, property, or complex having sixteen or more rental units shall have an on-site resident manager available during normal business hours.

(Ord. No. 986, § 4(Exh. A), 1-28-2025)

Each owner or manager of each residential rental dwelling, property or unit(s) shall comply with the following:

A. Provide each tenant, pursuant to the compliance schedule required by Section 1.26.040 of this chapter, with a written agreement, in the form of a lease, rental agreement or, for any tenancy of less than one-year, other enforceable written contract, signed by the tenant and owner, or their agent, or their designee, which rental agreement shall include a copy of Section 1.23.030 of this chapter and house rules containing the following language:

House Rules

1. The tenant(s), all household members, children, guests, and visitors, shall refrain from activities that violate city codes, state codes or statutes, constitute a public nuisance, or disturb the peace.

2. The tenant(s) acknowledge(s) responsibility for their actions and for the actions of household members, children, guests, or visitors while on the leased premises.

3. The tenant(s), all household members, children, guests, or visitors are prohibited from engaging in any illegal activities on or near the leased premises, including, but not limited to:

a. Any criminal or civil activity that threatens the health, safety, or right of peaceful enjoyment of the premises by other residents or adjacent property owners; or

b. Any drug-related or criminal activity on or near the leased premises.

4. By signing the lease to which these house rules are attached, the tenant(s) are on notice that any disturbance, criminal activity, or violation of these house rules attributable to any tenant(s), household members, children, guests, or visitors shall constitute a material lease violation and shall be cause for immediate termination of tenancy and eviction from the unit.

5. The property manager will assign and control all parking and common areas to ensure that activities occurring there do not constitute a public nuisance, disturbance of the peace, disturbance of quiet enjoyment of the occupants of the property or neighboring properties, or a violation of any federal, state, or local law, including, but not limited to, fighting, littering, consumption of alcohol or of any illegal drug, narcotic or controlled substance, prostitution, brandishment of any weapon, urination, defecation, or intoxication.

B. A copy of the signed lease agreements, or addenda containing the information required under this section, and house rules shall be kept in the office of the property manager. All lease agreements, rules and regulations shall be either in English or Spanish, according to the tenant(s) native language, or shall be explained to the tenant(s) by an interpreter signing an affidavit.

C. A copy of the house rules in English and Spanish shall be posted in all common areas such as laundry rooms, lobbies, hallways, and community rooms.

(Ord. No. 986, § 4(Exh. A), 1-28-2025)

A. Each owner or manager of a residential dwelling, property or unit(s) which is rented or leased to, or occupied by, a residential tenant or tenants shall comply with the requirements of Section 1.26.030 of this chapter according to the following schedule:

1. For each residential rental property, dwelling or unit(s) which is rented or leased to, or occupied by, a new tenant or tenants subsequent to the effective date of this chapter, the owner or manager shall require the incorporation of all the information required by Section 1.26.030 in a written lease or addendum at such time as the property, dwelling or unit(s) is rented or leased to, or occupied by, such new tenant or tenants.

2. For each residential rental property, dwelling or unit(s) which is occupied pursuant to a written lease in effect as of the effective date of this chapter, the owner or manager shall not be required to incorporate the information required by Section 1.26.030 in a new lease or addendum until such time as the existing tenancy is terminated and the property, dwelling or unit(s) is rented or leased to, or occupied by, a new tenant or tenants. Notwithstanding the foregoing, however, for each such residential rental property, dwelling or unit which is rented, leased to or occupied by, an existing tenant or tenants pursuant to a written lease in effect as of the effective date of this chapter, the owner or manager shall provide each such existing tenant with a copy of the house rules within sixty days of the effective date of this chapter.

3. For each residential rental property, dwelling or unit(s) which is occupied as of the effective date of this chapter on a month-to-month or other holdover basis, the owner or manager shall be required to incorporate the information required by Section 1.26.030 in a new lease or lease addendum within thirty days or the earlier of either:

a. Notification to the existing tenant of any change in the terms or conditions of such month-to-month or other holdover tenancy, including, but not limited to, any rent modification; or

b. One year subsequent to the effective date of the ordinance from which this chapter is derived.

(Ord. No. 986, § 4(Exh. A), 1-28-2025)

A. Every owner of real property within the city is required to maintain such property in a manner so as not to violate the provisions of this chapter and such owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding such property.

B. Every occupant, lessee, tenant or holder of any interest in real property, other than the owner thereof, who had assumed responsibility for the maintenance of such property under terms of a written lease, rental agreement, or other contractual arrangement, and to the extent of that legal responsibility for maintenance, shall produce for inspection the document establishing such obligation.

(Ord. No. 986, § 4(Exh. A), 1-28-2025)

Any person, firm, corporation or other entity, whether owner or responsible party of any premises, that violates the provisions of this chapter or any order issued pursuant to this chapter, shall be subject to any or all of the following:

A. Such person shall be guilty of a misdemeanor, unless reduced to an infraction by the prosecutorial authority or enforcement officer in accordance with Section 1.16.010;

B. Such person shall be prosecuted in a civil action brought by the city to enjoin any nuisance, violation of this chapter or violation of any other ordinance of the city;

C. Such person shall be subject to summary or administrative abatement of the nuisance by the city and be subject to fees and costs imposed by the city pursuant to the summary or administrative abatement procedures set forth in this chapter or any other provisions of law; and

1. Every day that any such violation continues shall constitute a separate offense;

2. Nothing in this chapter shall prevent the city council from authorizing the city attorney or other authorized legal representative to commence any available administrative, civil, or criminal proceeding;

D. Such person shall be subject to the issuance of administrative citations pursuant to the city's administrative citation procedures as set forth in Chapter 1.24; and

E. All remedies set forth in this chapter are cumulative and may be pursued alternatively or in combination with one another. Provisions of this chapter are to be supplementary and complementary to all of the city ordinances, state law and any law cognizable as common law or in equity, and nothing herein shall be read, interpreted or construed in any manner so as to limit any exercising right or power of the city to abate any and all nuisances.

(Ord. No. 986, § 4(Exh. A), 1-28-2025)