(A) The city manager may adopt administrative procedures and regulations to implement the provisions of this article. Any regulation intended to clarify the meaning of any provision of this article, or to add substantive (as opposed to merely procedural) details necessary to its implementation, shall not become effective unless approved by resolution of the city council. If approved by the city council, the regulation shall be published in an appropriate location, along with any other regulations implementing this article, on the city's website. Any presentation to the city council pursuant to this subdivision (A) shall include:
(1) A succinct statement of why the regulation is necessary or desirable;
(2) A succinct statement of what the regulation would do;
(3) A succinct statement of how the proposed regulation is consistent with the intent of the ordinance provision to which it relations; and
(4) The complete text of the proposed regulation.
(B) Once established by the city council, all owners with rental units shall pay the tenant protection program fee, as established by city council resolution. The tenant protection program fee is to fund the city’s cost to implement and enforce the provisions of this article.
(C) It is illegal for an owner or representative to retaliate against a tenant for lawfully and peaceably exercising their legal rights, including but not limited to, the right to file a complaint with code compliance. No owner may take any action increasing any rental amount, reducing any service, causing the tenant to involuntarily quit the premises, or discriminating against the tenant because of the tenant’s use of any remedy provided by this article.
(D) Any provision of a rental housing agreement that purports to waive any provision of this article is void as against public policy.
(E) An owner’s failure to comply with any requirement of this article is an affirmative defense in an unlawful detainer or other action brought by the owner to recover possession of the rental unit.
(Ord. No. 3012, 3049)