San Bernardino County Municipal Code Ch. 25 Rental Dwelling Units

The Board of Supervisors finds and declares as follows:

(a) It is found and declared that there exist in the County of San Bernardino, substandard and unsanitary residential buildings and dwelling units, the physical conditions and characteristics of which render them unfit or unsafe for human occupancy and habitation, and which conditions and characteristics are such as to be detrimental to or jeopardize the health, safety, and welfare of their occupants and of the public.

(b) It is further found and declared that the existence of such substandard buildings and dwelling units threatens the physical, social, and economic stability of sound residential buildings and areas, and of their supporting neighborhood facilities and institutions; necessitates disproportionate expenditures of public funds for law enforcement and remedial action; impairs the efficient and economical exercise of governmental powers and functions; and destroys the amenity of residential areas and neighborhoods and of the community as a whole.

(c) Finally, it is found and declared that the business of renting or leasing rental dwelling unit has resulted in instances of absentee landlords and/or off-site managers, which, in turn, has increased the likelihood of instances of substandard buildings and rental dwelling units, health violations, and crime, all of which are a public nuisance.

(d) For these reasons it is hereby declared to be the policy of the County of San Bernardino:

(1) That it is in the public interest of the people of the County of San Bernardino to protect and promote the existence of sound and wholesome residential buildings, rental dwelling units, and neighborhoods by the adoption and enforcement of such standards, regulations, and procedures as will remedy the existence or prevent the development or creation of dangerous, substandard, or unsanitary and deficient residential buildings and dwelling units; and,

(2) That the adoption of this Chapter relating to the licensing of rental dwelling units is in the interest of the health, safety, and welfare of the people of the County of San Bernardino.

(Ord. 4044, passed - -2008; Am. Ord. 4328, passed - -2017)

(a) Definitions. For purposes of this Chapter, the following terms, phrases, words, and their derivations shall have the meanings set forth herein. Words used in the present tense include the future tense, plural words include the singular, and singular words include the plural. Words not specifically defined shall be given their common and ordinary meaning. The word "shall" is mandatory and not merely directory.

APPLICANT. The owner, or the owner's authorized representative, applying for a license or the renewal of a license pursuant to this Chapter.

FAMILY. A person or persons living together as a single housekeeping unit in a rental dwelling unit.

LICENSEE. The person issued a license pursuant to this Chapter.

OWNER'S AUTHORIZED REPRESENTATIVE or AUTHORIZED REPRESENTATIVE OF THE OWNER. Any person authorized by a writing signed by the owner to act on the owner's behalf in regards to the owner's rental dwelling unit.

PERSON. Any individual, firm, partnership, corporation, company, association, organization, joint stock association, or body politic; including any trustee, receiver, assignee, or other similar representative thereof.

RENTAL DWELLING UNIT. Real property that includes any structure or part of a structure, including but not limited to, a home, apartment, condominium, mobile home (except a mobile home in a mobile park as described in Subdivision (b)(4)), units of multiplexes, and units of apartment buildings, which is used as a home, residence, or sleeping place by one or more persons and that is rented or leased, in whole or in part, for 30 consecutive days or greater in any consecutive 12-month period. All units operated as a rental dwelling unit on the subject property shall constitute a single rental dwelling unit for purposes of this chapter.

RENTAL DWELLING UNIT LICENSE or LICENSE. The license issued pursuant to this Chapter.

RESPONSIBLE DEPARTMENT. The department or subdivision thereof designated by the Chief Executive Officer of the County of San Bernardino to implement this Chapter.

SUBJECT PROPERTY. The underlying real property where the rental dwelling unit is located.

(b) Scope. The provisions of this Chapter shall not apply to:

(1) Housing accommodations subject to a license under §§ 41.2101 et seq. of the County Code. This exception does not apply to residential hotels as defined in Health and Safety Code § 50519(b)(1).

(2) Housing accommodations in any hospital; State licensed community care facility; convent, monastery, or other facility occupied exclusively by members of a religious order; extended medical care facility; asylum; on-campus fraternity or sorority house; or on-campus housing accommodation owned, operated, or managed by an institution of higher education, a high school, or an elementary school for occupancy by its students.

(3) Housing accommodations that a federal, state or local government unit, agency, or authority owns, operates, or manages, or which are specifically exempted from municipal regulation by Federal or State law or administrative regulation. This exception shall not apply once the governmental ownership, operation, or management regulation is discontinued.

(4) Mobilehomes in mobilehome parks, recreational vehicles as defined in Health and Safety Code § 18010, or recreational vehicle parks.

(5) Rental dwelling units that have a valid short-term private home rental permit pursuant to Chapter 84.28 of Title 8 of the County Code.

(6) Owner occupied single family dwelling.

(Ord. 4044, passed - -2008; Am. Ord. 4328, passed - -2017)

On and after July 1, 2008, every person who owns a rental dwelling unit, as defined in this Chapter, shall procure and maintain a license from the County, which license shall authorize the person to operate such rental dwelling unit. A current and effective license issued pursuant to this Chapter is required for the operation of each rental dwelling unit in the unincorporated region of the County. Operation of a rental dwelling unit without such a license is prohibited.

(Ord. 4044, passed - -2008; Am. Ord. 4328, passed - -2017)

A license issued or renewed under this Chapter shall terminate at the expiration of one year from the date of its issuance unless revoked prior to said termination pursuant to § 41.2511.

(Ord. 4044, passed - -2008; Am. Ord. 4328, passed - -2017)

A license issued under this Chapter is non-transferable both as to the location of the rental dwelling unit and as to the person holding the license. When the owner of the rental dwelling unit procures a license, any other person who conducts, manages, or carries on such business as an authorized representative of the owner, is not required to obtain an additional license. However, the authorized representative must verify that a valid license has been issued and is in effect at all times while operating the rental dwelling unit. There must also be a signed statement from the owner that the authorized representative in question has authority to act on behalf of the owner regarding the rental dwelling unit.

(Ord. 4044, passed - -2008; Am. Ord. 4328, passed - -2017)

The applicant for a license or the renewal of a license pursuant to this Chapter shall provide to the responsible department, on a form approved by the County, the following information:

(a) The name, address, electronic contact information if available, and telephone number of the applicant. If the applicant is not the owner of the rental dwelling unit, the applicant must submit the owner's written signed authorization indicating that the applicant is the authorized representative or agent of the owner.

(b) If the owner of the rental dwelling unit is not the applicant, then the name, address, electronic contact information if available, and telephone number of the owner of the rental dwelling unit must be submitted.

(c) A telephone number to contact the owner and/or the authorized representative, as provided in the Standards of Operation, as described in § 41.2507. A confidential/non-business 24-hour contact telephone number, designated by the owner and/or the authorized representative as confidential, shall be treated as confidential by the County and shall only be available to authorized representatives of the County.

(d) The location and address of the rental dwelling unit.

(e) A description of the size and character of the rental dwelling unit, including, but not limited to, the type (home, apartment, condominium), the number of units, subunits, total square feet, and the number of bedrooms/bathrooms.

(f) A certification signed by the owner/authorized representative under penalty of perjury that to the best of his or her knowledge and belief on the date of application, the rental dwelling unit identified in the application complies with the Standards of Operation, as described in §41.2507.

(g) Any other information deemed necessary by the responsible department in carrying out the provisions of this Chapter.

(Ord. 4044, passed - -2008; Am. Ord. 4328, passed - -2017)

As a condition to the issuance, renewal, or holding of a license under this Chapter, the owner, and the owner's authorized representative (if any), shall be responsible for complying with the following standards:

(a) The rental dwelling unit, and the subject property upon which the rental dwelling unit is located, shall be in compliance with all applicable laws including, but not limited to, the California Fire Code, California Building Code, the National Fire Protection Association Standards, any other applicable uniform codes as adopted by the County of San Bernardino.

(b) The rental dwelling unit, and the subject property upon which the rental dwelling unit is located, shall be in compliance with all applicable provisions of the County Code.

(c) The rental dwelling unit, and the subject property upon which the rental dwelling unit is located, shall not be operated, conducted, or maintained so as to constitute a public nuisance.

(d) The rental dwelling unit, and the subject property upon which the rental dwelling unit is located, may be inspected by the County.

(e) The owner or any authorized representative(s) of the owner shall be available in person, by telephone, by telephone answering machine, or by other electronic messaging device to authorized representatives of the County on a 24-hour, seven days a week basis to receive calls regarding the condition and/or operation of the rental dwelling unit and subject property. Failure to respond to calls in a timely and appropriate manner may result in suspension or revocation of the license. For purposes of this Subdivision, responding in a timely and appropriate manner shall mean that any response or responses and any corrective action shall be done pursuant to the required time frame and manner set forth in any applicable adopted uniform code or other applicable law.

(f) A smoke detector(s) shall be installed, in accordance with the manufacturer's instructions, in each dwelling space of the rental dwelling unit, as provided by State law and regulations.

(Ord. 4044, passed - -2008; Am. Ord. 4328, passed - -2017)

Prior to the expiration of a license, the licensee shall apply for the renewal of the license following the same procedures stated in § 41.2506. To ensure County review of an application for renewal prior to expiration of a license, an application to renew must be provided to the responsible department at least 30 days prior to the expiration of the license. However, no application for renewal shall be accepted earlier than 90 days prior to the expiration of the license.

(Ord. 4044, passed - -2008; Am. Ord. 4328, passed - -2017)

The application/license fee set forth in Chapter 2 of Division 6 of Title 1 of the County Code shall accompany each application for a license, including an application for the renewal of a license, issued under this Chapter.

(Ord. 4044, passed - -2008; Am. Ord. 4328, passed - -2017)

(a) The responsible department shall not issue or renew a license under this Chapter unless and until the responsible department has received a correct and complete application and the appropriate license application fee.

(b) No license shall be issued or renewed if the County determines that the rental dwelling unit, or the subject property upon which the rental dwelling unit is located, is not in compliance with any provision of this Chapter.

(Ord. 4044, passed - -2008; Am. Ord. 4328, passed - -2017)

(a) A license issued under this Chapter shall be denied, suspended, or revoked by the responsible department upon one or more of the following grounds:

(1) The applicant or licensee provided material information that was knowingly incorrect, or provided material information that the applicant or licensee should have reasonably known was incorrect, in its application for a license under this Chapter.

(2) The applicant or licensee violated any provision of this Chapter.

(3) The rental dwelling unit, or subject property upon which the rental dwelling unit is located, is not in compliance with any provision of this Chapter.

(4) The license was issued in error.

(b) In the event that a license is denied, suspended, or revoked, the responsible department shall notify the applicant or licensee in writing, with said notice to be mailed by first class mail, postage prepaid, to the applicant or licensee at the applicant's or licensee's mailing address shown on the most recent application or otherwise filed by the applicant or licensee with the responsible department. Service may also be made by personal service on the applicant or licensee or by leaving the notice at the applicant's or licensee's residence in the custody of a person over the age of 18 years of age or older.

(Ord. 4044, passed - -2008; Am. Ord. 4328, passed - -2017)

Any person whose license is denied, suspended, or revoked pursuant to this Chapter shall not operate the rental dwelling unit to which the application or license pertained.

(Ord. 4044, passed - -2008; Am. Ord. 4328, passed - -2017)

(a) The denial, suspension, or revocation of a license based on a property being in violation of the requirements of Chapter 6 of Division 3 of Title 6 of the County Code, may be appealed for a hearing before the Building Appeals Board. The format and process of the appeal shall be as required by § 63.0107 of the County Code. A decision by the Building Appeals Board shall be final and no further appeal within the County shall be available.

(b) The denial, suspension, or revocation of a license for a reason other than a reason referenced in Subdivision (a) may be appealed for a hearing before a County-appointed hearing officer as defined by §§ 12.2701, 12.2702, 12.2703, and 12.2705 of the County Code, or as otherwise authorized by the County Code or law. The hearing procedure shall include the following:

(1) At least ten days written notice of the hearing shall be given to the applicant or licensee prior to the hearing date. The hearing date may be postponed or continued by stipulation of the parties. If the applicant or licensee does not respond or appear, no further hearing procedure shall be required.

(2) Witnesses shall swear or affirm to tell the truth. The oath or affirmation shall be taken by the hearing officer. The County shall present its case first, with oral testimony and documentary evidence or other evidence. The County shall have the right of cross-examination. The applicant or licensee shall have the right to be represented and shall have the right of cross-examination. The applicant or licensee may present his or her response after the County has presented its case. Both parties may thereafter present argument.

(3) No determination or order shall be based solely on hearsay evidence. The hearing officer shall make his or her determination within five working days of the end of the hearing, unless a party requests a greater period of time. The determination shall be in writing, and shall state the findings upon which the determination is made. The decision by the hearing officer shall be final and no further appeal within the County shall be available.

(c) The denial, suspension, or revocation of a license for multiple reasons under both Subdivisions (a) and (b) shall be heard by the Building Appeals Board in the form and manner defined by § 63.0107 of the County Code. A decision by such body shall be final and no further appeal within the County shall be available.

(Ord. 4044, passed - -2008; Am. Ord. 4328, passed - -2017)

Any person violating any of the provisions of this Chapter shall be guilty of an infraction or misdemeanor, and, upon conviction thereof, the penalty shall be as described in § 11.0201 of the County Code. In addition, all other sections of Chapter 2 of Division 1 of Title 1 shall apply to this Chapter.

(Ord. 4044, passed - -2008; Am. Ord. 4328, passed - -2017)

Any rental dwelling unit, or the subject property upon which the rental dwelling unit is located, operated or maintained in violation of the requirements of this Chapter, any other provision of the County Code, or other applicable law, shall be, and the same is hereby declared to be, unlawful and a public nuisance. The County may, in addition to, or in lieu of any other administrative, civil, or criminal proceedings, commence an administrative or civil action for the abatement, removal and/or enjoinment of such public nuisance, in the manner provided by law.

(Ord. 4044, passed - -2008; Am. Ord. 4328, passed - -2017)