Residents in multifamily residential rental housing are frequently victimized when the facility in which they live is unsafe. Proper maintenance of these facilities can reduce criminal activity and improve the safety of residents. The purpose of this chapter is to require the owner or operator of certain multifamily residential rental housing facilities in the city of Moreno Valley to obtain a crime-free certification for the facility by having the facility inspected, submit to training and having each tenant of the facility enter into a lease addendum promising not to commit or allow the commission of criminal activity on the leased premises.
(Ord. 855 § 1, 2012)
A. 
It is unlawful for any person in the city of Moreno Valley to rent a residential dwelling unit that meets the threshold requirements of subsection B of this section, unless a crime-free multifamily housing certification has been issued by the Moreno Valley police department and has been properly maintained for the location of issuance.
B. 
The crime-free multifamily housing certification requirement shall only apply to residential housing facilities that contain more than one residential dwelling unit on a single parcel and that have generated at least 10 calls for service to the Moreno Valley police department within any 90 day period. Additionally, the certification requirement shall also apply to residential rental housing facilities that have a disproportionately higher number of calls for service, as measured by at least 25% higher calls for service when compared to two similar residential rental housing facilities in any 90 day period.
C. 
When the threshold set forth in subsection B has been exceeded, the police department shall provide notice to the facility of the requirement to obtain certification and to immediately cease the rental of any additional units until an application for certification has been submitted. Thereafter, the facility may continue in the rental of units unless the application has been denied, rejected, revoked or voided as incomplete. Notice shall be served by certified mail to the facility's office mailing address and additionally by electronic means, if provided.
D. 
This chapter shall not apply to any state licensed group home or facility which is operating under and governed by state or federal rules and regulations.
(Ord. 855 § 1, 2012)
A. 
A person may appeal a notice determining the requirement for certification by submitting a request for a hearing, in writing, to the city manager. A request for a hearing must be received within 14 days after notice was served. Failure to timely request a hearing constitutes a waiver of the right to contest the notice and requirement for certification.
B. 
The following issues may be contested in an appeal:
1. 
Whether or not a violation enforceable under this chapter occurred;
2. 
Whether the person charged is responsible for the violation;
3. 
The dates when the violation occurred;
4. 
Whether or not the threshold for certification required under Section 11.85.020(B) has been met.
C. 
Within 14 days after the city manager receives a timely request for a hearing, he or she shall schedule a hearing before a neutral hearing officer designated by the city manager and provide notice of the date and time of such hearing to the person requesting the hearing.
(Ord. 855 § 1, 2012)
A. 
Every witness testifying shall take an oath or make an affirmation. The hearing officer is authorized to issue subpoenas, administer oaths and conduct the hearing.
B. 
At the time of the hearing, the hearing officer shall hear testimony of all competent persons desiring to testify and review all documents, photographs or other evidence.
C. 
The hearing officer has the authority to determine the relevance of any evidence and to exclude unduly repetitious and cumulative evidence or testimony and may consider hearsay evidence.
D. 
If the appellant fails to attend the hearing, the hearing will be terminated and a final determination shall be entered in favor of the city.
E. 
The hearing shall be conducted in English. The appellant may provide an interpreter at their own expense.
F. 
At the conclusion of the hearing, the hearing officer shall make a determination upholding the decision of the city or overruling the decision of the city. The appellant shall be served a written notice of the hearing officer's decision within 10 days or within such time as the hearing officer has determined is reasonable.
G. 
The decision of the hearing officer is final.
(Ord. 855 § 1, 2012)
A. 
Application for a crime-free multifamily housing certification shall be made in the name of the owner of the premises to be rented and submitted to the Moreno Valley police department on forms provided by the police department. The application shall identify the location of the property; name, address and telephone number of the owner; name, address and 24 hour telephone number(s) of the manager or custodian of the property; the owner's agent for service of process; and such other information as may be required by the police department. The applicant shall pay a fee, as adopted by resolution of the city council, to the city for payment must be made in full prior to certification. All fees obtained for certification shall be used to fund the implementation of this chapter. There shall be no fee imposed upon applicants that voluntarily seek certification and do not meet the thresholds for certification set forth in Section 11.85.020(B).
B. 
A crime-free multifamily housing certification shall be issued for a period of one year. Certification shall expire 12 months after issuance, unless previously removed. The certification shall not be transferrable. Each new owner or manager of the rental facility must obtain a new certification unless either the manager or owner who already completed the certification is still retained.
C. 
Application for renewal shall be made in the same manner as for a new certification. Applicants for renewal shall pay a fee, as adopted by resolution of the city council, to the city. Applicants shall be required to renew their certification every year until calls for service have been reduced below the threshold set forth in Section 11.85.020(B) for at least one year from the date of certification. There shall be no fee imposed upon applicants that voluntarily seek certification and do not meet the thresholds for certification set forth in Section 11.85.020(B).
D. 
The Moreno Valley police department shall promptly act to complete the certification of all applicants and may reject any application for which the applicant has not attended the required seminar, consented to an inspection of the facility or submitted complete documentation.
(Ord. 855 § 1, 2012)
No crime-free multifamily housing certification shall be issued or renewed unless the dwelling unit(s), and common area(s) in connection with which certification is sought, are found after inspection to meet all state and local laws and regulations. Rental dwelling units that change ownership shall be required to be inspected before a new certification may be issued, unless either the manager or owner who already completed certification is still retained. The owner will be provided with an inspection report describing any condition which constitutes a violation of any applicable law or regulation, and shall be afforded a reasonable opportunity to correct any such conditions. In the event that more than two follow-up inspections are required in order for the police department to determine compliance, the applicant shall pay an additional inspection fee as set established by resolution for code enforcement re-inspections. Payment must be made prior to any re-inspection or certification.
(Ord. 855 § 1, 2012)
All persons applying for a crime-free multifamily housing certification, including all persons administering, managing or controlling the operation of any residential rental housing facilities required to obtain certification shall attend a seminar, administered by the police department, prior to certification. The seminar may be attended after the application has been submitted. A certificate of attendance at a seminar shall be valid for three years for the individual attending the seminar.
(Ord. 855 § 1, 2012)
A. 
All facilities required to obtain certification shall include a "crime-free lease addendum," in a form provided by the city, providing that tenants shall not engage in illegal, nuisance or criminal activity on the premises, as part of their rental agreement.
B. 
It is unlawful for any person to intentionally allow any tenant to occupy a residential rental property in violation of any provision of the crime-free lease addendum required by this chapter.
C. 
The crime-free lease addendum shall be substantially in the following form:
"In consideration of the execution or renewal of a lease of the dwelling unit identified in the lease, Owner and Tenant agree as follows:
Tenant, any members of tenant's household or a guest or other person under the tenant's control shall not:
1. 
Engage in any nuisance activity as defined in Civil Code Sections 3479 and 3480, or under Chapter 6.04 of the Moreno Valley Municipal Code, any criminal activity, including drug-related criminal activity, on or near the said premises. "Drug-related Criminal Activity" means the illegal manufacture, sale, use, possession, distribution, or possession with the intent to manufacture, sell, distribute, or use of a controlled substance as defined in Section 201 of the Controlled Substances Act (21 U.S.C. 802).
2. 
Engage in any act intended to facilitate nuisance or criminal activity.
3. 
Permit the dwelling unit to be used for, or to facilitate nuisance or criminal activity, including drug-related criminal activity, regardless of whether the individual engaging in such activity is a member of the household, or a guest.
4. 
Engage in the unlawful manufacturing, selling, using, storing, keeping, or giving of a controlled substance as defined in Health & Safety Code Section 11350 et seq., at any locations, whether on or near the dwelling unit, premises or otherwise.
5. 
Engage in any illegal activity, including prostitution as defined in Penal Code Section 647(b); criminal street gang activity as defined in Penal Code Section 186.20 et seq., assault and battery as prohibited in Penal Code Section 240; burglary as prohibited in Penal Code Section 459; the unlawful use and discharge of firearms as prohibited in Penal Code Section 245; sexual offenses as prohibited in Penal Code Section 269 and 288; or any breach of the lease agreement that otherwise jeopardizes the health, safety and welfare of the landlord, his or her agent or any other tenant or involving imminent or actual serious property damage.
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 of the provisions of this addendum shall be deemed a serious violation and a material and irreparable breach of compliance with the lease. It is understood that a single violation shall be good cause for termination of the lease. Unless otherwise provided by law, proof of violation shall not require a criminal conviction, but shall be by a preponderance of the evidence."
(Ord. 855 § 1, 2012)
If the owner does not reside on the premises of any residential multifamily rental housing facility in the city, a notice, stating the name and address of the owner, or the name and address of his or her agent, shall be posted in a conspicuous place on the premises.
(Ord. 855 § 1, 2012)
If a residential multifamily rental facility is found through inspection by any police, fire, code or building official to be in violation of any law or regulation, reasonable notice shall be provided to the facility to correct such substandard conditions. If the corrections are not made within the time specified in the notice, the certification shall be removed without further notice.
(Ord. 855 § 1, 2012)
Existing housing facilities that have current certification by the police department under the voluntary program shall not be required to renew those certifications until they expire. If no such date of expiration is set forth on a voluntary certification, that certification shall expire one year from the date the ordinance codified in this chapter is adopted.
(Ord. 855 § 1, 2012)
A. 
A violation of this chapter shall constitute a criminal offense punishable as set forth in Chapter 1.01 of this code.
B. 
A violation of this chapter may be enforced through the issuance of civil citations as set forth in Chapter 1.10 of this code.
C. 
A violation of this chapter may be enforced through a civil action filed by the city for injunctive relief, abatement, forfeiture and/or receivership.
D. 
A violation of this chapter may result in a civil penalty which may be assessed in any civil action not to exceed $2,500 per violation for each and every day the violation continues to exist.
The remedies set forth above are cumulative.
(Ord. 855 § 1, 2012)