Ordinance 13-13[
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ORDINANCE NO. 2013-13
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTV ALE,
CALIFORNIA ADDING CHAPTER 110.32 TO TITLE 110 OF THE EASTV ALE
MUNICIPAL CODE ESTABLISHING A SINGLE-FAMILY RESIDENTIAL RENTAL
REGISTRATION, INSPECTION AND CRIME-FREE RENTAL HOUSING PROGRAM
THE CITY COUNCIL OF THE CITY OF EASTV ALE DOES ORDAIN AS
FOLLOWS:
SECTION 1. The City Council finds and declares as follows:
1. WHEREAS, the City of Eastvale ("City") has experienced an increase in the
occurrence of substandard maintenance, unsafe conditions, illegal activity and public nuisances
in single-family rental property, especially those rented by absentee landlords; and
2. WHEREAS, rental homes are responsible for a disproportionate share of code
enforcement and police calls for service that necessitates a disproportionate expenditure of public
funds for such properties; and
3. WHEREAS, the City Council has mandated a "Zero-Tolerance" policy to illegal
activity in the City and hereby determines that these conditions interfere with the health, safety,
quality of life, quiet enjoyment and general welfare of the individuals residing near rental homes
and may contribute to a decline in the value of surrounding properties; and
4. WHEREAS, existing state and local laws have not sufficiently encouraged
landlords, particularly absentee landlords, to take reasonable and proactive steps to abate these
conditions and to ensure their premises are safe and decent; and
5. WHEREAS, it is necessary to implement a "Single-Family Residential Rental
Registration, Inspection and Crime-Free Rental Housing Program" to alleviate these problems
and improve living conditions for renters and protect the general welfare of individuals in
affected neighborhoods; and
6. WHEREAS, the City Council has determined that it is necessary to defray the
cost of the Single-Family Residential Rental Registration, Inspection And Crime-Free Rental
Housing Program through the imposition of regulatory fees which may be set from time to time
by Resolution of the City Council to cover the actual costs of implementing and enforcing the
program; and
7. WHEREAS, the rental and letting ofhousing is a business and it is necessary and
proper to regulate such a business to ensure there is safe and decent housing for persons of all
income levels; and
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8. WHEREAS, through the adoption of this Chapter, the City will implement a new
program that is rationally related to encourage upkeep of all single-family rental property for the
public health, safety, and welfare of the residents of the City ofEastvale.
SECTION 2. CHAPTER II 0.32 IS ADDED TO THE EASTV ALE MUNICIPAL CODE TO
READ AS FOLLOWS:
"SINGLE-FAMILY RENTAL PROPERTY REGISTRATION, INSPECTION AND CRIME-
FREE RENTAL HOUSING PROGRAM
Sections:
II0.32.010-Purpose/scope.
II 0.32.020 -Definitions.
II 0.32.030 -Compliance with Applicable Laws and Regulations.
II0.32.040-Rebuttable Presumption.
II 0.32.050 -Local contact representative.
II 0.32.060 -Residential Rental Registration Program.
II 0.32.070 -Inspections.
II 0.32.080 -Inspection Fees.
II 0.32.090 -Appeals.
II 0.32.I 00 -Self-Certification Program.
II 0.32.II 0-Retention of completed Self-Certification Forms.
II0.32.I20-Complaint-Based Inspections.
II 0.32.I30 -Voluntary Inspection Requests.
II0.32.140-Enforcement.
II 0.32.0 I 0 -Purpose/scope.
The purpose of this Chapter is to identify Single-Family Residential Rental Dwelling Units in the
City of Eastvale, to ensure that such units afford tenants a safe and decent place to dwell, and to
require rental housing with substandard conditions to meet and maintain minimum building and
housing code standards, exterior maintenance standards, and to reduce criminal activity. The
City Council has determined that requiring that all Single-Family Residential Rental Dwelling
Units be registered with the City and inspected, and landlords shall use a Crime-Free Rental
Housing Addendum, serves these legitimate governmental interests.
II 0.32.020 -Definitions.
For the purposes of this Chapter, certain words and phrases used in this Chapter are
defined as follows:
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"Applicable Laws" means and includes all federal, state and local statutes, ordinances
and regulations that pertain to the condition, habitability and safety of Dwelling Units and
residential property. Applicable Laws, include, but are not limited to, the State Housing Law
(California Health & Safety Code, Sections 1791 0 et. seq.), (California Health and Safety Code,
Sections 11570 et. seq.), and the Eastvale Municipal Code, including but not limited to Title 110
(Buildings and Construction), and Title 120 (Planning and Zoning).
"Building Official" means an individual(s) who is designated by the City Manager to
conduct inspections under the provisions of this Chapter.
"City" means the City of Eastvale and its respective departments thereof.
"Code Enforcement Officer" means an individual(s) who is designated by the City
Manager to enforce Applicable Laws.
"Crime Free Lease Addendum" means the lease addendum described m Section
110.32.050.
"Fair Housing Laws" means the federal Fair Housing Act, as amended, (42 U.S.C. Sec.
3601 et seq.), the California Fair Housing and Employment Act (Government Code Sec. 12900
et seq.), and the Unruh Civil Rights Act (Civil Code Sec. 51).
"Local property management company" shall mean an entity that is responsible for the
day-to-day maintenance, upkeep and security of the property and is operated by a person who is
licensed with the California Department of Real Estate as a real estate broker.
"Local property manager" shall mean a person who is responsible for the day-to-day
maintenance, upkeep, and security of the property. The local property manager may be the owner
of the property.
"Occupant" or "Tenant" means any person who occupies a rental property, whether as a
tenant or permittee of the Owner.
"Owner" or "Property Owner" means 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, which may include a local management company. 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. Owner shall also mean any
person having legal title to real property, including all individuals shown as owners on the last
equalized assessment roll of the Riverside County Assessor's Office, or an Owner's
Authorized Representative.
"Single-Family Residential Rental Property," "Rental Property" or "Residential Rental
Dwelling Unit" means a dwelling unit as defined in Chapter 120.06 of the City Planning and
Zoning Code, in a single structure, and is occupied or for occupancy by a person(s) other than
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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 residential
rental property:
(a) Multi-family dwelling housing units as defined in Chapter 120.06
of the City Planning and Zoning Code;
(b) Hotels or motels.
(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.
(d) Mobile home parks.
"This Code" means the City ofEastvale Municipal Code.
110.32.030-Compliance with Applicable Laws and Regulations.
Nothing in this Chapter shall be construed to:
1. Excuse, waive, limit, or modify any requirements or obligations in the Applicable Laws;
2. Limit any right of the City to investigate and abate nuisances or to enforce any provisions
of the Applicable Laws or any other provision of law; or
3. Conflict with any rights or obligations under the Fair Housing Laws or the Americans
with Disabilities Act, as amended.
110.32.040-Rebuttable Presumption.
For the purpose of this Chapter, if the water bill or electrical bill for a property is in a different
name than that of the property owner or if the water bill or electrical 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.
110.32.050 -Local contact representative.
A. For purposes of this Chapter, all Owners of Residential Rental Property shall designate a local
contact representative with full authority to act on behalf of the Owner for all purposes under this
Chapter, including the acceptance of service of all notices from the City. The owner of
Residential Rental Property may act as the local contact representative.
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B. A local contact representative must establish and maintain, at all times, a local telephone
number and a residence or business address within 50 miles of Eastvale City Hall. A local
contact representative shall be accessible by the City through that local telephone number 24
hours/7 days a week.
110.32.060 -Residential Rental Registration Program.
A. Registration Required. As a condition of exercising the privilege of renting or leasing a
Rental Property to any person and/or entity, the Owner of the Residential Rental Property shall
register with the City for a Business Registration Certificate in conformance with all
requirements of the Business Registration regulations identified under Chapter 6.72 of this Code.
1. Contents of Registration and Payment of Fees. The Registration form shall contain all of
the information required under Section 6. 72.070 of Chapter 6. 72 of this Code and shall be
accompanied by payment of the registration fee set forth in Section 6. 72.110 of Chapter 6. 72, the
inspection fee required under Section 110.32.080 and a certification, signed by the Owner, that
he or she will comply with and enforce the Crime-Free Lease Addendum required by this
Section 110.32.060 B.
2. Non-Transferrable. Registration pursuant to this Chapter is non-transferrable to a new
Owner of the Residential Rental Dwelling Unit(s).
3. Failure to Register. If the Owner of Residential Rental Dwelling(s) fails to register or
reregister such units in compliance with this Chapter, the Building Official shall register or
reregister said units in the name of the owner and set a date and time for initial inspection of said
units, and shall send written notification to the Owner that the property has been so registered
and advising of the date and time set for inspection, accompanied with a bill for the
registration/processing fee and the total initial inspection fee for each unit, and include
information on the self-certification program.
4. Revocation. Registration for a Residential Rental Dwelling Unit may be revoked if the
City determines that the Owner has violated paragraph B of this Section or has failed to pay any
required registration, inspection, and/or re-inspection fees, or if the Residential Rental Dwelling
Unit has been cited by a City or County employee for, or received written notice from a City or
County employee of, a violation of the Applicable Laws, and the Owner has failed to remedy
such violation within the period of time specified in the citation or written notice. The City shall
provide written notice of the revocation to the Owner, which is appealable pursuant to Section
110.32.080.
B. Crime-Free Lease Addendum. The Owner of a Residential Rental Dwelling Unit shall include a
Crime-Free Lease Addendum in substantially the following form in all rental agreements and
leases executed after November 8, 2013.
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CRIME -FREE LEASE ADDENDUM
In consideration of the execution or renewal of this lease of the dwelling unit identified in the
lease, Owner and Resident agree as follows:
1. Resident, any members of the resident's household or a guest or other person affiliated with
the resident agree to live a "crime free lifestyle" and shall not engage in criminal activity,
including drug related criminal activity, on or off the said premises. "drug-related criminal
activity" means the illegal manufacture, sale, distribution, use, or possession with intent to
manufacture, sell, distribute, or use of a controlled substance (as defined in § 102 of the
CONTROLLED SUBSTANCE ACT (21 U.S.C. 802).
2. Resident, any member of the resident's household or a guest or other person affiliated with the
resident shall not engage in any act intended to facilitate criminal activity, including drug-related
criminal activity, on or off the said premises.
3. Resident, any member of the resident's household or a guest or other person, whether or not
affiliated with the resident shall not pennit the dwelling unit to be used for, or to facilitate
criminal activity, including drug-related criminal activity.
4. Resident, any member of the resident's household or a guest, or other person affiliated with
the resident shall not engage in the unlawful manufacturing, selling, using, storing, keeping, or
giving of a controlled substance as defined in Health and Safety Code § 11350, et seq, at any
locations, whether on or off the dwelling unit premises or otherwise.
5. Resident, any member of the resident's household or a guest, or other person affiliated with
the resident shall not engage in any illegal activity, including: prostitution as defined in Penal
Code § 64 7(b ); criminal street gang activity, as defined in Penal Code § 186.20 et, seq; assault an
battery, as prohibited in Penal Code § 240; burglary, as prohibited in Penal Code § 459; the
unlawful use and discharge of firearms, as prohibited in Penal Code§ 245; sexual offenses, as
prohibited in Penal Code 245; sexual offenses, as prohibited in Penal Code§§ 269 and 288.
6. Resident, any member of the resident's household or a guest, or other person affiliated with
the resident shall not engage in any nuisance activity as defined in Civil Code§ 3479 and/or any
condition as defined in Chapter 8.18 et seq., ofthe Eastvale Municipal code, or any condition
declared and deemed by the City Council of the City ofEastvale to constitute a nuisance, or any
violation of the Eastvale Municipal Code
7. VIOLATION OF THE ABOVE PROVISIONS SHALL BE A MATERIAL AND
IRREPARABLE VIOLATION OF THE LEASE AND GOOD CAUSE FOR IMMEDIATE
TERMINATION OF TENANCY. A single violation of any ofthe provisions ofthis added
addendum shall be deemed a serious violation and a material and irreparable non-compliance. It
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is understood that a single violation shall be good cause for tennination of the lease. Unless
otherwise provide by law, proof of violation shall not require criminal conviction, but shall be a
preponderance of the evidence.
8. In case of conflict between the provisions of this addendum and any other provisions of the
lease, the provisions of this addendum shall govern.
9. This lease addendum is incorporated in the lease executed or renewed this day between Owner
and Resident.
110.32.070 -Inspections.
A. Annual Inspections. All Residential Rental property located in the City shall be subject to an
annual inspection by the City for compliance with applicable laws. The anniversary date for
annual inspections shall be calculated from the date the Owner received the first Residential
Rental Registration pursuant to Chapter 6.72 of this Code.
B. Notice of Inspection and Procedures.
1. After receiving a completed Residential Rental Registration from an Owner, the City will
conduct an exterior and interior inspection of the Residential Rental Dwelling Unit to identify
violations of the Applicable Laws.
2. The notice of inspection shall provide a minimum of 14-days notice. Notice shall be
mailed to the owner, the local contact representative at their last known address, and occupant. In
the case of multiple owners of the same property, notice to any one of the property owners is
sufficient notice.
3. In the event an Owner, local contact representative or tenant in possession of the property
refuses to allow access to conduct the inspection, the City Attorney may use all legal remedies
permitted by law to cause an inspection to take place, provided reasonable cause exists to believe
that a violation of the Municipal Code or State law exists on the subject property.
4. If the City is not able to obtain the consent of the Owner, a local property management
company or occupant of the Residential Rental Dwelling Unit to conduct an inspection, the City
shall withhold the Owner's Residential Rental Registration until inspection is finalized. If the
tenant/occupant refuses entry for interior inspection, Owner will not be fined or penalized.
C. City Code Enforcement Officers and/or Building Official will be responsible for conducting
the inspections authorized by this Section. However, the City may request that other City
departments and/or Riverside County enforcement agencies participate in the inspection process.
D. After completion of the inspection, the City shall send a written report of the inspection to the
Owner. The report shall contain:
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I. An itemization of any violations of the Applicable Laws identified during the inspection;
2. The period of time for correcting each of the identified violations;
3. A statement that the City will re-inspect the Residential Rental Dwelling Unit at the end of the
period of time for correction;
4. The amount of the Re-inspection Fee and the date by which the Re-inspection Fee must be
paid; and
5. A statement that if the violations are not corrected within the period of time for correction the
City will not issue the Owner's Residential Rental Registration Certificate and the City may
pursue legal action as authorized under this Chapter to abate such violations.
6. If no violations are found as a result of the inspection, the inspection report shall state so and
City shall issue the Residential Rental Registration Certificate to the Owner.
E. Annual inspections under this Section II 0.32.070 shall be conducted upon renewal of the
Residential Rental Registration which the Owner has previously registered with the City as
required under Chapter 6.72 ofthis Code.
II0.32.080-Inspection Fees.
A. Fees for the administration and enforcement of the regulatory program established by
this Chapter shall be set by resolution of the City Council and shall not exceed the City's
actual cost of providing the services. Fees shall include, without limitation, an initial
inspection fee, a re-inspection fee, and a fee to file an appeal. Owners are also subject
to the Business Registration fees set forth in Chapter 6. 72 of this Code.
B. The Owner of a Residential Rental dwelling unit shall pay an annual inspection fee to
the City sufficient to pay the costs of the City's annual inspection pursuant to this
Chapter.
C. Owners qualified for the Self-Certification Program under Section II 0.32.I 00 shall pay the
annual Inspection fee the first year of participation and thereafter shall not be subject to annual
inspections nor required to pay any annual inspection fee. If an Owner is removed from the Self-
Certification Program he/she shall become subject to annual inspections and annual inspection
fees.
II 0.32.090 -Appeals.
A. Any recipient of an administrative citation may contest the citation by the
procedures set forth in Section I.I6.070 of this Code.
B. Any party to an administrative citation hearing may appeal from an adverse
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ruling in accordance with the procedures in Section 1.16.070 of this Code.
110.32.100 -Self-Certification Program.
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 annual inspections; 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; and
2. Pay the annual inspection fee and any other fees required by this Chapter;
and
3. Conduct a self-inspection of all exterior and interior site conditions of each
rental property or properties for compliance with the requirements of the Self-
Certification form provided by the City; and
4. Immediately make any repairs to the Residential Rental unit(s) that are
necessary to achieve compliance with the requirements of the Self-Certification
form; and
5. Complete the Self-Certification form and certify that conditions at the rental
property or properties meet the exterior and interior standards listed on the
Self-Certification form.
6. Return the completed Self-Certification form to the City.
C. Upon receipt of a completed Self-Certification form the City shall inspect the rental
property. If the City 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 subject to annual inspections thereafter. The Owner shall provide a copy of
the Self-Certification Program certificate of compliance to the occupants of the
corresponding Residential Rental property unit. Recertification in the Self-Certification
Program shall be required every year for each Residential Rental Unit and upon each
change in tenancy.
D. If the City 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.
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E. At all times, the City shall retain the authority to investigate and address any
violation of applicable laws.
F. Any property owner that fails to maintain a rental property to meet all of the standards
listed on the Self-Certification Program's checklist, or is found to have caused to allow
conditions, identified in the Crime-Free Addendum to exist, shall immediately be
removed from the Self-Certification Program and become subject to annual inspections.
G. It is unlawful for any person to knowingly make a false statement of fact or knowingly omit
any information that is required on the Self-Certification form.
II 0.32.II 0-Retention of completed Self-Certification Forms.
A. The property's local contact representative shall retain all certificate(s) of
compliance for at least three (3) years from the date the certificate of
compliance was issued by the City.
B. The local contact representative shall produce all certificate(s) of compliance
to the City's Building Official upon request.
II 0.32.I20-Complaint-Based Inspections.
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.
II0.32.130-Voluntary Inspection Requests.
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.
II0.32.I40-Enforcement.
A. Violations Identified During Inspection. If, after a report of inspection is issued
pursuant to Section Il0.32.070D, the Owner fails to correct a violation of the Applicable
Codes identified in the report of inspection within the time allowed, the City may issue an
administrative citation pursuant to Section I.I6.070 of this Code, issue a notice of intent
to abate pursuant to Section 8.I 0.030 of this Code, or may take any other action
authorized by law to enforce the provisions of this Code, including, without limitation,
a petition to the Superior Court for the appointment of a receiver over the property.
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B. Failure to Pay Fees. Should an Owner fail to timely pay the annual inspection
fee or any re-inspection fee, the City is authorized to recover it, plus accrued interest and
penalties, utilizing any remedies authorized by law.
C. Violation of Section 110.32.070. Owners who fail or cause to fail to give consent
to inspections required under Section 110.32.070 may be subject to an administrative
citation in accordance with Section 1.16.070 of this Code, or may take any other action
authorized by law to enforce the provisions of this Chapter.
D. Strict Liability. Violations of this Chapter shall be treated as a strict liability
offense regardless of intent. Any person, firm and/or corporation that violates any
portion of this Chapter shall be subject to prosecution under this Chapter, Section
1.01.220 of this Code, and/or Section 11570 et. seq. of the California Health and Safety
Code (Drug Abatement).
E. Revenue and Taxation Code. The City may also utilize the provisions of the
Revenue and Taxation Code Section 24436.5 to encourage the elimination of
substandard conditions in rental housing. The City is also authorized to bring an action
under the Business and Professions Code for unfair business practices.
F. Attorneys' Fees. In an action, administrative proceeding, or special proceeding to
abate a violation of this Chapter, the prevailing party may recover Attorneys' fees
pursuant to Government Code Section 38773.5. Recovery of Attorneys' fees is limited to
those individual actions or proceedings in which the City elects, at the initiation of that
individual action or proceeding, to seek recovery of its own Attorneys' fees. An award of
Attorneys' fees to a prevailing party shall not exceed the amount of reasonable
Attorneys' fees incurred by the City in an action, administrative proceeding, or special
proceeding.
SECTION 3. Severability.
If any provision, section, paragraph, sentence or word of this Chapter is determined or
declared invalid by any final court action in a court of competent jurisdiction or if the application
of any provision, section, paragraph, sentence or word of this Chapter is inapplicable to a
specific situation by reason of any preemptive state or federal legislation or regulation, the
remaining provisions, sections, paragraphs, sentences or words of this Chapter shall remain in
full force and effect.
SECTION 4. CEQA Exemption.
The adoption of this Ordinance and the implementation of the regulatory
programs of this Ordinance do not require further review under the
California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Section
15301, in view of the fact that the regulatory programs are hereby enacted, apply to
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extstmg structures and buildings and are intended to provide for continuous and
appropriate maintenance and protection of such structures and buildings for so long as
the structures and buildings may remain unoccupied or vacant.
SECTION 5. Effective Date: This Ordinance shall become effective 30 days from the date of
its adoption.
PASSED, APPROVED AND ADOPTED this23rct day of October, 2013.
Ike Bootsma, Mayor
Attest:
Approved as to form:
ey
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) §
CITY OF EASTV ALE )
I, Ariel M. Hall, Assistant City Clerk of the City ofEastvale, do hereby certify that the foregoing
Ordinance Number 2013-13 was duly and regularly adopted by the City Council of the City of
Eastvale at a regular meeting held the 23rd day of October, 2013, by the following vote:
AYES:Council Members Welch, Howell, Mayor Pro Tern Rush, Mayor Bootsma
NOES: Council Member DeGrandpre
ABSENT: None
ABSTAIN: None
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