San Bernardino County Municipal Code Art. 1.5 Criminal Offender Eviction Program for Landlords

(a) The Board of Supervisors has determined that criminal offenses involving illegal drugs and/or firearms or other deadly weapons, and/or a gang-related offense, are a serious concern that endangers the public health and safety of residents within the unincorporated areas of San Bernardino County.

(b) The Board of Supervisors has further determined that such criminal offenses, as described in § 33.1016, also constitute public nuisances within the neighborhoods where they occur; contributing to the blight, decay, and unhealthful conditions that harm the quality of life of the residents and their community.

(Ord. 4041, passed - -2008)

GANG-RELATED OFFENSE. Any crime motivated by gang membership in which the perpetrator, victim or intended victim is a known member of a criminal street gang as defined at Penal Code § 186.22(f).

LANDLORD. An owner, lessor, or sub-lessor, or the agent, representative or successor of any of the foregoing (including any person, firm, corporation, partnership, or other entity) who leases the rental unit for a specified term, or permits a periodic tenancy, a tenancy at will or a tenancy at sufferance.

PREMISES. A rental unit and the land on which it and other buildings of the complex are located and common areas, including but not limited to, garage facilities, streets, alleyways, stairwells and elevators.

RENTAL UNIT. All dwelling units, efficiency dwelling units, guest rooms, and suites, including one-family dwellings, two-family dwellings and condominiums that are leased for a specific term or occupied pursuant to a periodic tenancy, a tenancy at will or a tenancy at sufferance. The term RENTAL UNIT shall also include mobile homes, whether rent is paid for the mobile home and the land upon which the mobile home is located, or the rent is paid for the land alone. Further, RENTAL UNIT shall include recreational vehicles, as defined in Civil Code §799.29, if located in a mobile home park or recreational vehicle park, whether rent is paid for the recreational vehicle and the land upon which it is located, or rent is paid for the land alone.

TENANT. A tenant, subtenant, lessee, sub-lessee, any person entitled to use or occupancy of a rental unit, or any other person residing in the rental unit.

(Ord. 4041, passed - -2008)

A tenant shall not use, maintain, or occupy, or allow the premises to be used, maintained, or occupied, for the purpose of committing or facilitating the commission of any criminal offense that is committed with any firearm or with any other deadly weapon (as defined at Penal Code § 12020); or committing or facilitating the commission of any criminal offense that includes among the elements of that offense the use, possession, sale, manufacture, or transportation of any controlled substance as defined pursuant to the California Uniform Controlled Substances Act at Health and Safety Code § 11000 et seq.; or committing or facilitating the commission of any crime resulting in great bodily injury to a victim thereof; or committing or facilitating the commission of a gang-related offense.

(Ord. 4041, passed - -2008)

(a) Grounds for Eviction. A landlord may bring an action against the tenant to recover possession of a rental unit pursuant to the procedures set forth at Code of Civil Procedure § 1161, subsection 4, if the tenant has been convicted of an offense listed in § 33.1016 based upon conduct that occurred at or near the property while meeting the definition of a tenant.

(b) Nothing herein is intended, or shall be interpreted, to restrict or limit the causes of action and remedies otherwise available to a landlord, including those remedies set forth in the California Code of Civil Procedure.

(Ord. 4041, passed - -2008; Am. Ord. 4463, passed - -2023)