San Bernardino Municipal Code Ch. 15.26 Single-Family Rental Property Inspection Program

The single-family rental property inspection program is a part of the city’s overall effort to encourage upkeep of all rental property as defined herein. Owners of any rental property will be required to maintain these units in accordance with all applicable laws.

(Ord. MC-1666, passed 8-5-2026)

(A) 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 which a rental property is located, including but not limited to parking lots, driveways, landscaping, accessory structures, fences, walls, swimming pools, hot tubs, and spas.

(B) 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.

(Ord. MC-1666, passed 8-5-2026)

[Reserved]

(Repealed by Ord. MC-1371, passed 3-20-2012)

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 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 and the plural may include the singular. Use of the masculine shall also mean feminine and neuter.

APPLICABLE LAWS. The city’s municipal code, the California Fire Code, the California Building Code, the Uniform Housing Code, Uniform Code for the Abatement of Dangerous Building and any other laws or regulations relating to the health or safety of city residents or the general public.

CITY. The City of San Bernardino.

DIRECTOR. The Director of Community Development and Housing of the City of San Bernardino or his/her designee.

OCCUPANT. Any person who occupies a rental property, whether as a tenant or permittee of the owner.

OWNER or PROPERTY OWNER. A single individual, partnership or joint venture or any entity that has any kind of ownership interest in a rental property whether as an 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 subject real property, owner or property owner refers to each person or entity holding 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.

SINGLE-FAMILY RENTAL PROPERTY, RENTAL PROPERTY or RENTAL UNIT. 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 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:

(1) Multi-family rental housing complexes as defined in Chapter 15.25.

(2) Hotels or motels.

(3) 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 Homeowner’s Association (“HOA”). For purposes of this exemption, a HOA is “bona fide” if the HOA has approved and recorded covenants, conditions and restrictions (CC&Rs), 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.

(4) 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.

(5) Mobile home parks.

(Ord. MC-1371, passed 3-20-2012; Ord. MC-1625, passed 2-21-2024; Ord. MC-1666, passed 8-5-2026)

Every property owner subject to this chapter must comply with the business registration requirements of Title 5.

(Ord. MC-1371, passed 3-20-2012; Ord. MC-1666, passed 8-5-2026)

All rental property located in the city shall be subject to an annual inspection by the Director for compliance with applicable laws.

(Ord. MC-1666, passed 8-5-2026)

(A) Any fees established by this chapter shall be set by separate resolution of the City Council and may be adjusted from time to time by the City 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.

(C) Owners qualified for the self-certification program shall pay the annual 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 the program. If an owner is removed from the self-certification program, he shall become subject to annual inspections and annual inspection fees.

(Ord. MC-1666, passed 8-5-2026)

The Director shall mail written notice of the date and time of the inspection to the 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 information concerning the inspection may be obtained. Notice to the owner shall be mailed by certified mail to the owner’s last known address as it appears in the records of the County Assessor’s Office.

(Ord. MC-1666, passed 8-5-2026)

(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 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 violation.

(B) Any person who fails to comply with any provisions of this chapter after receiving written notice of the violations(s) and being given a reasonable opportunity to correct such violations(s) shall be deemed to be in violation of this chapter.

(C) Any owner of a rental property, who fails to permit the annual inspection by the Director pursuant to this chapter, shall be in violation of this chapter.

(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.

(Ord. MC-1666, passed 8-5-2026)

(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.

(Ord. MC-1666, passed 8-5-2026)

(A) Owners who fail to correct any deficiencies noted during any inspection or reinspection may be subject to an administrative citation in accordance with San Bernardino Municipal Code Chapter 9.92 until all deficiencies have been corrected to the satisfaction of the Director.

(B) Issuance of an administrative citation is in addition to any other administrative or judicial (civil or criminal) remedy established by law which may be pursued to address any violation of the municipal code.

(Ord. MC-1666, passed 8-5-2026)

(A) Any recipient of an administrative citation may contest the citation by the procedures set forth in § 9.92.080.

(B) Any party to an administrative citation hearing may appeal an adverse ruling to the Board of Building Commissioners as set forth in § 9.92.180.

(Ord. MC-1666, passed 8-5-2026)

(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 years, provided that conditions of the rental property do not deteriorate during that time to the point where the rental property would no longer meet eligibility standards for the self-certification program.

(B) To qualify for the self-certification program, a property owner must:

(1) Complete the self-certification program application packet provided by the city;

(2) Pay the annual inspection fee and any other fees required by applicable laws; and

(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 inspect the rental property. If the Director determines that the property is qualified to participate in the self-certification program a certificate of 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 in the self-certification program and payment of the annual inspection fee shall be required every three years.

(D) If the Director determines that the property is not eligible to participate in the self-certification program, then the residential rental property shall be subject to inspection and the property owner shall be assessed the annual inspection fee as well as any other applicable fees.

(E) At all times, the city shall retain the authority to investigate and address any violation of applicable laws.

(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 immediately be removed from the self-certification program and become subject to annual inspections.

(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.

(Ord. MC-1371, passed 3-20-2012; Ord. MC-1666, passed 8-5-2026)

Nothing contained in this chapter shall prevent or restrict the city’s authority to inspect 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 laws.

(Ord. MC-1666, passed 8-5-2026)

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 determine whether the rental property complies with applicable laws.

(Ord. MC-1666, passed 8-5-2026)

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.

(Ord. MC-1666, passed 8-5-2026)

Nothing herein shall prevent the enforcement of this chapter by criminal, civil or administrative actions either undertaken individually or in conjunction with other remedies. The enforcement of this chapter by a criminal, civil or administrative action shall not relieve the property owner of his or her obligations under this chapter.

(Ord. MC-1666, passed 8-5-2026)

(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 provisions of this article may be filed as an infraction. The complaint charging such violation shall specify whether the violation is a misdemeanor or an infraction, which upon conviction thereof is punishable in accordance with the provisions of § 1.12.010.

(B) Any fees established pursuant to this section which are more than 30 days 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 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 the property and shall state the amount then owed. If full payment is not received 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 property.

(C) In the event that any provision of this chapter, 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 chapter, 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 chapter would have been adopted had such unconstitutional, invalid, or ineffective provision not been included herein.

(Ord. MC-1266, passed 4-8-2008; Ord. MC-1666, passed 8-5-2026)