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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 (3) 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; and
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 (3) 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, 3-20-12)
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.
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 of the San Bernardino Municipal Code.
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.
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 Section 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.
In the event that any provision of this Ordinance, 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 Ordinance, 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 Ordinance would have been adopted had such unconstitutional, invalid, or ineffective provision not been included herein.
(Ord. MC-1266, 4-08-08)