This chapter applies to residential rental property of two units
or more in the city, and to each owner and tenant.
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In this chapter:
is as defined at Section 1.16.050.
means a written lease relating to residential rental property,
including a rental agreement or other contract regarding the possession
and use of the property.
is as defined at Section 8.16.020.
means the person or persons with the right to occupy property,
including an occupant, lessee, renter or other person with an interest
in the property other than the owner.
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A.
Maintenance.
Each owner or tenant of a residential rental property shall maintain
the property in a manner consistent with this code.
Each tenant who has assumed responsibility for the maintenance
of the property under the terms of a written lease is responsible
for violations, to the extent of his or her responsibility under the
lease. At the request of the City Manager, a person claiming a limitation
on his or her responsibility for maintenance shall produce for inspection
the document establishing such limitation.
B.
Actions
and Activities Prohibited. It is a violation of this chapter if an
owner or tenant of a residential rental property allows the tenant,
any member of the tenant's household, their children, guests or visitors
while on the property to create or permit:
1.
A
violation of this chapter;
2.
Any
criminal activity (including drug-related) on or near the property;
3.
Any
civil activity that threatens the health, safety, or right of peaceful
enjoyment of the property by other residents or adjacent property
owners.
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The owner is responsible when the owner is aware of the violation(s)
and fails to take all reasonable actions (including making reasonable
expenditures) to correct the violation(s) within a reasonable period
of time, which is designated as 30 days after notice.
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C.
Owner's
Responsibility. Each owner remains responsible for violations occurring
at the property regardless of any contract with a tenant or other
third party regarding the property.
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A.
Requirement
for Written Lease. Each owner of a residential rental property shall
provide each tenant with a written lease, signed by both parties.
B.
Contents.
The lease shall contain, at a minimum, each of the following:
1.
A
provision in which the tenant(s) acknowledges the responsibility for
their actions and for the actions by household members, their children,
guests, and visitors while on the property.
2.
A
provision prohibiting the tenant(s), household members, children,
guests or visitors (Or other individuals under their control) from
being involved in any illegal activity on or near the property including,
but not limited to: any criminal activity (including drug-related)
on or near the property; and any civil activity that threatens the
health, safety, or right of peaceful enjoyment of the property by
other residents or adjacent property owners.
3.
A
provision putting the tenant(s) on notice that any disturbance, criminal
activity or violation of the lease agreement attributable to the tenant(s),
household members, children, guests or visitors shall constitute a
serious and material lease violation and shall be cause for immediate
termination of tenancy and eviction from the unit.
4.
A
provision identifying how the property manager will assign and control
all parking areas to ensure that activities occurring there do not
constitute a public nuisance. It shall prohibit activities in parking
areas which constitute a public nuisance, a disturbance of the peace
and/or quiet enjoyment of the occupants of the property or neighboring
properties, and/or a violation of any federal, state or local law,
and shall included but shall not be limited to: fighting; littering;
consumption of alcohol or any illegal drug, narcotic and/or controlled
substance; prostitution; brandishing of any weapon; urination or defecation;
and intoxication.
5.
A
provision in Spanish and English indicating that, upon request by
the tenant, the owner shall provide a Spanish translation of the English
language lease.
C.
Copy Available. A copy of the signed lease agreements, or addenda containing the information required under this section, and house rules (under Section 8.17.050) shall be kept in the office of the property manager.
D.
Applicability—Timing.
The owner shall comply with this lease requirement at the time the
property is rented or leased.
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The owner and the manager of each residential rental property
shall have written house rules. The house rules must require the tenants,
their household members, children, guests and visitors, to refrain
from activities that violate city codes, state law, constitute a public
nuisance, or disturb the peace. Each tenant must acknowledge in writing
receipt of the written house rules.
A copy of the house rules shall be posted in all common areas
such as laundry rooms, lobbies, hallways, and community rooms.
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The owner of a residential rental property having 16 or more
rental units shall have an on-site resident manager reasonably available
during normal business hours. The requirement of this subsection is
intended to be declarative of, and consistent with, state law.
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A violation of this chapter is a public nuisance and the city may enforce the violation, including abatement of the nuisance, under Section 1.16.010, Chapter 8.16, Civil Code Section 3494, Code of Civil Procedure Section 731, Health and Safety Code Sections 11570 through 11579, Government Code Section 38773, and other lawful authority.
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