Chapter 5.34 MULTIPLE-FAMILY AND OTHER RENTAL UNITS

Chapter 5.34
MULTIPLE-FAMILY AND OTHER RENTAL UNITS

Sections:

5.34.020 Special business license provisions – Crime free multiple-family rental-housing program.

5.34.010 Business license required.

No person shall operate a rooming house, boardinghouse, apartment house, private guest ranch, multiple-family rental accommodations for dwelling, or other property rental business without first obtaining a valid city business license. (Ord. 402 § 1, 2015)

5.34.020 Special business license provisions – Crime free multiple-family rental-housing program.

A. Prior to obtaining a valid city business license, the owners or operators of any property that contains four or more rental units (or rental spaces) that are being rented out for residential dwelling purposes must comply with all of the following crime free multiple-family rental-housing program requirements.

1. Complete a crime free multiple-family rental-housing program seminar to be provided by the Highland police department (“seminar”); and

2. Include a crime free lease or rental agreement addendum (“addendum”) or clause in the lease or rental agreement similar to the crime free lease or rental agreement addendum in any leases or rental agreements that are executed, modified or extended after the effective date of the ordinance codified in this chapter. The city clerk shall maintain a sample addendum form for use by businesses subject to the provisions of this chapter.

B. Any current rental business license holder, at the time of the adoption of the ordinance codified in this chapter, shall complete the seminar prior to the expiration date of their current rental business license, or as soon as the seminar is conducted, whichever time is later.

C. When a property that is subject to the provisions of this chapter is transferred to a new owner, the new owner or operator shall complete the seminar within three months after the transfer of the rental property, or as soon as the seminar is conducted, whichever time is later.

D. When a property that is subject to the provisions of this chapter changes operators, the new operator shall complete the seminar within three months after the transfer of operations, or as soon as the seminar is conducted, whichever time is later.

E. Any owner or operator of property with four or more units that are being rented out for residential purposes shall complete the seminar once every three years, and shall be deemed in compliance with this subsection so long as the owner or operator completes the seminar prior to the expiration of the business license at the end of the third year or as soon as the seminar is conducted.

F. The crime free multiple-family rental-housing program coordinator (“coordinator”), as designated by the Highland police department, shall periodically provide the director of administrative services and the director of community development with a list of owners and/or operators who have completed the seminar, with the date of attendance and verification that the owner or operator has complied with this section and is eligible to obtain, maintain or renew the business license.

G. The crime free multiple-family rental-housing program is a crime prevention program designed to reduce crime, drugs, and gang activities on the subject rental properties. At the seminar, the coordinator shall provide, at no cost, samples of the addendum and, if applicable, shall review any clauses within actual leases with the city attorney’s office to determine if the clause is similar to the addendum provisions designed to make criminal activity a lease or rental agreement violation. The owner or operator shall have the authority under the clause or addendum to initiate an eviction proceeding as specified in California state law. (Ord. 402 § 1, 2015)

5.34.030 Nuisance rental property.

It is hereby declared a nuisance, which nuisance may be abated pursuant to this municipal code and state law, and to be declared against the health, safety, welfare, peace and comfort of the city for any property owner and/or operator of a multiple-family dwelling unit, rooming house room, or a residential building, such as an apartment, with four or more rental units to allow or permit any of the following:

A. The rental of any multiple-family dwelling unit, rooming house room, or a residential building, such as an apartment, to a tenant who allows any of the following offenses to occur relating to the tenant, member of the tenant’s household, guest or other party under the control of the tenant to occur in or on the property: murder, kidnapping, aggravated kidnapping, prostitution, solicitation of prostitution, pandering, obscenity, child pornography, harmful materials, sale of obscene publication, criminal housing management, possession of explosives, unlawful use of weapons, sale of firearms, gambling, keeping a gambling place, concealing a fugitive, violation of the California Uniform Controlled Substances Act, commission of any two or more of any other crimes under the state of California or under the federal government not specifically listed above, or the commission of four or more city ordinance violations in a 12-month period. (Ord. 402 § 1, 2015)

5.34.040 Violations.

A. Any violation of this chapter shall constitute a violation pursuant to Chapter 1.12 HMC (Official Notices). In addition, any violation of this chapter shall be grounds for suspension and/or revocation of the city business license. The language contained in this section shall not be interpreted to alter, amend, extend, increase, or have any other application to the business license fee currently required under HMC 5.04.030.

B. The penalties of this section are nonexclusive. It supplements and is in addition to the other regulatory codes, statutes, and ordinances heretofore or hereafter enacted by the city, the state or any other legal entity or agency having jurisdiction. (Ord. 402 § 1, 2015)