Housing & Homeless Services
TO: Honorable Mayor and City Council
VIA: Maria V. Kachadoorian, City Manager
FROM: Megan McClurg, Deputy City Attorney
Stacey Kurz, Director of Housing & Homeless Services
RE: Chula Vista Municipal Code 9.65.080(C)(2), the Tenant Protection Ordinance
On February 9, 2023, at the request of Councilmember Preciado and with the consensus of the City Council, a referral was made to the City Manager for further information regarding CVMC section 9.65.080(C)(2), known as the “Tenant Protection Ordinance,” particularly to clarify language regarding a $5,000 fine that is “not able to be waived , reviewed, or appealed in any way,” and additionally how implementation of the new tenant protections will become operational.
Section 9.65.080(C)(2) states:
“The City Attorney or an Enforcement Officer may issue administrative citations or civil penalties in accordance with Chapter 1.41 CVMC for violation of any of the provisions of this chapter. Civil penalties for violations of this chapter may be assessed at a rate not to exceed $5,000 per violation per day. When a violation occurs, it is not required that a warning or notice to cure must first be given before an administrative citation or civil penalty may be issued.”
The response from the City Manager is as follows:
Fines are not automatic or required. The use of the word “may” in section 9.65.080(C)(2) does not require or obligate any fine, much less the maximum fine allowed by law. This provision allows the City to cite a violator when appropriate and likely as a last resort.
A range of options is provided in the ordinance and the law already prohibits excessive action by any city. Although notice is not required, 9.65.080(C)(2) does not prevent notice from being given in appropriate circumstances. As violations of CVMC 9.65 could range from a landlord’s failure to give a required notice, to criminal harassment of tenants, or to unlawful terminations of tenancy, it is appropriate to provide for a range of enforcement options that can be tailored to the nature of the types of violations community members have experienced. Such enforcement options in the case of 9.65.080(C)(2) may include either administrative citations or civil penalties. In accordance with the U .S. and California constitutions, the City is required to issue citations or penalties that are proportional to the violation at issue. Excessive fines or penalties are unlawful.
Memo – Housing & Homeless Services
CVMC 9.65.080(C)(2)
Our existing City municipal code governs thi s ordinance as with all other additions and adjustments. The provisions of section 9.65.080(C)(2) require that any administrative citations or civil penalties be issued in accordance with CVMC Chapter 1.41, which chapter describes the parameters related to the issuance of both administrative citations and civil penalties in the City of Chula Vista . The following is a description of each potential authorized enforcement mechanism:
Administrative Citations. Administrative citations are typically used for minor violations of the municipal code. 1 Administrative citations may be issued as follows: $100 for a first violation; $200 for a second violation within 12 months; and $500 for each additional violation within 12 months. Per 1.41.100(D)(3), an individua l who has been issued an administrative citation may request administrative review of the citation. An administrative review of an administrative citation is conducted in accordance with longstanding CVMC 1.40 procedures.
Civil Penalties. Civil penalties a re appropriately intended for violations that are more serious, including violations that present a threat to public health or safety if continued, or that reflect a continuing disregard for the requirements of City laws.2 Civil penalties in the case of a violation of CVMC 9.65 may be assessed at an amount up to $5,000 per violation per day. Again, use of the word “may” does not require or obligate a fine.
The default civil penalty amount in the municipal code is at a rate not to exceed $2,500 per violation per day; however, municipal code chapters that involve issues of particular community importance, including health and safety, include penalty maximums that exceed $2,500 per violation per day. For example:
• Land grading permit violations can be as high as $25,000 via penalties that can be assessed at a rate of $5,000 per violation for grading work performed on an area from 250 to 500 cubic yards, at a rate of $10,000 per violation for an area from 501 to 1,000 cubic yards; and at a rate of $25,000 per violation for an area over 1,000 cubic yards. A second violation doubles the penalty amount to $50,000.
• Commercial Cannabis regulation violations, under CVMC 5.19, can receive civil penalties that may be assessed at up to $10,000 per violation per day.
It should be noted that the amount of civil penalty issued, as stated above, is required by law to be proportional to the type of violation that occurs. So, although the maximum penalty may be up to $5,000 per violation per day for a violation of a provi sion of CVMC 9.65, a $5,000 civil penalty would not be an appropriate or lawful enforcement mechanism for minor violations.
1 see 1.41.100(A)
2 see 1.41.100(A) and 1.41.110(B)
Memo – Housing & Homeless Services
CVMC 9.65.080(C)(2)
The same constitutional limitations apply to civil penalties and administrative citations issued for violations of all other municipal code provision.
As section 1.41.110(G) of the City Municipal Code clarifies , individuals who have been issued a civil penalty have the right to a hearing to contest the penalty. An administrative hearing regarding a civil penalty is conducted in accordance with CVMC 1.40 procedures.
The Tenant Protection Ordinance, Chapter 9.65, became operational on March 1, 2023.
Administrative Regulations were created for this ordinance in accordance with 9.65.020 and further expand upon and provide inf ormation to the public to assist in complying with the new provisions of 9.65.
As a matter of practice , the City will work with landlords to rectify items such as clerical errors, so long as they do not materially impact the tenant’s ability to inhabit a unit or do not constitute a form of harassment. In the event of a mere clerical error, the landlord will have a reasonable period of time to remedy the error prior to the City taking any potential enforcement action.
Staff have also drafted a template Notice ( which was translated into the five state - required languages) to assist landlords in complying with 9.65. 050(D). This notice is included in the Administrative Regulations, posted online, and was mailed in February to the landlords of all Residential Rental Complexes (multi-family properties with 3 units or more) in the City’s business license system.
The goal of City staff, as exists with any provision of the municipal code, is to achieve voluntary compliance with City laws and regulations. To this end, staff have conducted extensive community outreach and engagement with affected stakeholders and industry/community groups prior to and following adoption of Chapter 9.65, including approximately 25 meetings focused on this topic over a one-year period. The City intends to continue providing resources and assistance as necessary and appropriate , updating information at https://chulavistaca.gov/landlordtenant on a regular basis and working with the City Communications office.
Should you have any questions or need additional information pertaining to the Tenant Protection Ordinance, CVMC 9.65, please contact Stacey Kurz, Director of Housing & Homeless Services at (619) 585-5609.