The Absolute Last City Attorney James F. Penman For City Attorney Mailer for the November 8, 2011 Election

By Michael Reiter, Attorney at Law

Now that most of the election is over, it is time to refocus this blog on law.  So, let me start with this election campaign maxim from California Civil Code section 3357:

Superfluity does not vitiate

On that note, the absolute last campaign mail for the November 8, 2011 election arrived on Election Day, the ninth mailer from San Bernardino City Attorney James F. Penman.  It is an oversized postcard mailer printed in black and white.  On the front it says:

“We all know City Attorney Jim Penman personally, we have all worked with him professionally for many years and we all endorse him for re-election as City Attorney.

If Jim was ‘divisive, disruptive, intimidating, a bully and a liar’ (as his opponents falsely claim) NONE of us would be endorsing him.

But, we are all proud to endorse him.

He IS the City Attorney San Bernardino needs for the next four years!”

 

Judith Valles                              Tom Minor                                            Evlyn Wilcox

Mayor (1998-2006)             Mayor (1993-1998)                              Mayor (1985-1989)

Honorable Paul Bryant                    Honorable Stanley W. Hodge                    Honorable John Wade

Superior Court Judge (ret.)            Superior Court Judge (ret.)                       Superior Court Judge (ret.)

Chief B. Warren Cocke (ret).                                                                                  Chief Dan Robbins (ret.)

San Bernardino Police Dept.                                                                                 San Bernardino Police Dept.

Chief Ben Gonzales  (ret.)                                                                                                    Chief Lee Dean (ret.)

San Bernardino Police Dept.                                                                                             San Bernardino Police Dept.

P.S. Jim does NOT make over $200,000 a year as his opponents claim.  He is one of the lowest paid full-time City Attorneys in the state and he voluntarily turned down his last 6 raises.

The back of the mailer has a San Bernardino Police Officers Association return address, but also says paid for by Jim Penman for City Attorney 2011

Responding to a David McKenna charge, the back of the mailer says: “Jim Penman was never charged, convicted or pled guilty to ANY Crime.  McKenna’s campaign is trying to deceive you.” The Honorable Craig S. Kamansky ~ Superior Court Judge (ret.)

Under a portrait of City Attorney Jim Penman, the mailer says “City Attorney Jim Penman ‘A Tough Prosecutor.”   Next to the photograph is a quote from retired Superior Court Judge Hodge: “Penman is a tough prosecutor, not a bully.  Those who say differently may have something to hide.  Honest government officials have nothing to fear from Jim Penman but dishonest ones should.”

To the left is this blurb from the San Bernardino Sun:

Penman cleared in illegal contributions probe

The District Attorney’s Office has informed City Attorney James F. Penman that “there is no credible evidence” that he received an illegal gift of $5000.  Investigators were looking into whether Penman took the payment for Attorney’s fees related to his court challenge of language in pro-Measure C ballot arguments, and as a bribe not to sign off on supporting the proposed downtown Regal movie theater.  In a letter to Penman, Deputy District Attorney Michael Abney said “we are closing our files” on this matter. [SB Sun ~ 9-23-11]  . . . but the last minute lies keep coming.

I never saw the mailer or the talking point, or even the newspaper article until receiving this mailer, so I don’t have any details on the allegation.

This post is cross-posted on the new San Bernardino Politics Blog: SBDpolitics.com

Copyright 2011 Michael Reiter, Attorney at Law.

Michael Reiter, Attorney at Law.

Address :300 E. State St. Suite 517

                Redlands CA 92373-5235

Telephone: (909) 708-6055

Email: michael@michaelreiterlaw.com

Website: http://michaelreiterlaw.com

Last Minute Mailers from Amelia Sanchez-Lopez and City Attorney James F. “Jim” Penman

By Michael Reiter, Attorney at Law

First, a disclaimer:  this site is neutral as explained in the post “Why We Try To Keep Partisan Politics Out of These Postings”  These postings are provided as a community service, and not to push a particular candidate, or slate of candidates.

These are the seventh and eighth mailers (not including slate mailers) that I have seen from incumbent City Attorney Jim Penman. Both say they they were paid for by Jim Penman for City Attorney 2011, though one has a return address for Amelia Sanchez Lopez for San Bernardino City Clerk 2011.

The first of the two mailers is a black and white mailer with the Amelia Sanchez Lopez for San Bernardino City Clerk 2o11 return address on the back.  The front says:

Candidate David McKenna joins the

Republican Assault

against Working Families!

ELECTION WARNING!

MORE LAYOFFS

Candidate David McKenna says he supports more layoffs for city workers.

Source: San Bernardino Sun – Sept. 28, 2011

UNFAIR BUDGET CUTS

Candidate David McKenna supports slashing retirement and other benefits for employees who have already been forced to accept furloughs and pay cuts. [Source: Press Enterprise Interview – Oct. 13, 2011]

“Mr. McKenna has betrayed local Democrats.

Please join the working families of the AFL-CIO, the Assoc. of Colton Educators, and the San Bernardino Public Employees Assoc. in Voting for Jim Penman on November 8th.”

~ Laurie Stalnaker, Executive Secretary/Treasurer

Central Labor Council, AFL-CIO of the San Bernardino and Riverside Counties.

To contact Jim Call (909) 882-8986 or

Email friendsopenman@yahoo.com.

The second column, taking up one quarter of the right side of the front of the mailer says:

City Attorney

Jim Penman

Fights For

Working Families!

Proudly Endorsed by

Labor and Democrats

• Central Labor Council-AFL-CIO
• San Bernardino Public Employees Assoc.
• Association of Colton Educators
• San Bernardino/Riverside Building Trades & Construction Workers
• San Bernardino Police Officers Assoc.
• Former Mayor Judith Valles

~ Partial List

The back of the mailer features a picture of City Clerk candidate Amelia Sanchez-Lopez.  The copy says:

Amelia Sanchez Lopez

Our Democratic Choice for City Clerk!

Endorsed by:

The AFL-CIO Central Labor Council

Former Mayor Judith Valles
Democrat

The San Bernardino County Democratic Central Committee

Congressman Joe Baca

Democrat

To Contact Amelia Sanchez-Lopez call (909) 882-7085

Email: friendsofamelialopez@yahoo.com

On the front of the second of the two last-minute mailers is a letter:

Dear Fellow Citizen, [with pictures of Judith Valles, Tom Minor, and Evlyn Wilcox]
We were all honored to serve as your Mayor.
We love our community and want the best for San Bernardino’s future.
Today we are putting aside our personal political differences and joining together
in support of City Attorney Jim Penman.
Jim Penman is truly dedicated to the people of San Bernardino. He has spent his
entire adult life working to make our city a better place as a former Executive
Director of the Horne of Neighborly Service, as a firefighter, Police Commission
Chairperson, Civil Service Board member, Human Relations Commissioner,
Scout Master (Boy Scout Troop #21), PTA treasurer, as an active community
volunteer for four decades, and as our City Attorney.
Sometimes we agreed with Jim, sometimes we didn’t, but we have never doubted
his outstanding professional abilities or his sincere commitment to our
community. His office has always won the vast majority of lawsuits filed against
our City, saving taxpayers millions of dollars.
As Mayors, we worked well with the City Attorney’s office under Jim Penman’s
leadership. We appreciated his integrity and willingness to stand up for his
principles.
Jim has brought innovative leadership to his office through the use of
Administrative Civil Penalties against absentee landlords and his use of legal
injunctions to combat gang crime. Jim’s record and his close relationships with
many of our police chiefs, has earned Jim the endorsement of former Police Chief~
B. Warren Cocke and Ben Gonzales, Lee Dean and Dan Robbins, all of whom
worked closely with Jim when they headed our Police Department.
please join us in supporting City Attorney Jim Penman. He is the best choice for
San Bernardino’s future.
Judith Valles
Mayor (1993-1998)
Tom Minor
Mayor (1998-2006)
Evlyn Wilcox
Mayor (1985-1989)

The front concludes with “On NOV. 8th, RE-ELECT City Attorney Jim Penman.”

The back of the mailer reads, superimposed on a picture of a gavel:

Who do all
3 Former Mayors,  4 Police Chiefs (ret.) and
5 Superior Court J (ret.) unanimously endorse?
“Between the two candidates for City Attorney we choose Jim Penman, the
better choice, beyond a reasonable doubt. He brings competence,
integrity and commitment to
the City Attorney’s office.”
Craig S. Kamansky
Superior Court Judge (ret.)

Stanley W. Hodge

Superior Court Judge (ret.)

John Wade

Superior Court Judge (ret.)
Paul Bryant
Superior Court Judge (ret.)

Robert W. Fawke

Superior Court Judge (ret.)

Copyright 2011 Michael Reiter, Attorney at Law.

Michael Reiter, Attorney at Law.

Address : 300 E. State St. Suite 517

                  Redlands CA 92373-5235

Telephone: (909) 708-6055

Email: michael@michaelreiterlaw.com

Website: http://michaelreiterlaw.com

New City Attorney James F. Penman / San Bernardino Police Officers Association Mailer

By Michael Reiter, Attorney at Law

First, a disclaimer:  this site is neutral as explained in the post “Why We Try To Keep Partisan Politics Out of These Postings”  These postings are provided as a community service, and not to push a particular candidate, or slate of candidates.

This is the sixth mailer that I have seen from incumbent City Attorney Jim Penman.  The front of the mailer is glossy and in color  On the front, the headline says in blue letters on a red background “FBI Raids San Bernardino Airport!”  In the top middle of the front is a picture of FBI agents loading seized files at the San Bernardino Airport.  Flanking the photograph are these words: “The County Grand Jury Report (June 20, 2011) found specific irregularities (GJR pg. 2-29) and “a clear conflict of interest” (GJR pg. 2-31) with contracts awarded to a federally “convicted felon” at the San Bernardino Airport. [Press Enterprise – Sept. 22, 2011][.]”

It continues in the next paragraph:

“Mayor Morris, as President of the Airport Authority, is the “man in charge” there, as he is at City Hall.”
On the other side of the photograph of the FBI agents loading seized files at the San Bernardino Airport is this paragraph “San Bernardino Mayor Patrick Morris is the only elected official named in the federal search warrants served at the airport on Sept. 21, 2011.  The warrants seek “evidence of bribery, theft, fraud, money laundering and more”. [Source: Press Enterprise, 9-22-11.]”

Below the picture and the two sets of text flaking it are blue letters that say “City Attorney Investigators are also investigating charges of irregularities in contracts at City Hall.  The same City officials who are in charge at the airport are also in charge at City Hall.”

Below that paragraph is a paragraph in white text on a black background:
“‘For the City to move forward we must investigate and, if verified, expose any mismanagement or corruption at City Hall similar to that now being investigated by the FBI at the San Bernardino airport.  The people of San Bernardino deserve honest city government.’ ~City Attorney Jim Penman”

Below that is a San Bernardino Police Officers Association badge with the text: “San Bernardino Police Officers Association Members Say: ‘On Election Day, Let Jim Penman finish the City Hall Investigations.”

The back of the mailer has the Police Officers Logo and their address, and is in black and white.

The headline of the back of the mailer says “Question: Why is Mr. McKenna running for City Attorney?  Answer: To Stop City Attorney Investigations into charges of contract irregularities at City Hall.”

Below the headline is a quote from Mayor Patrick Morris from May 10, 2011 in the State of the City Speech “Corruption and scandals are not our concerns”.  To the right is a quote form challenger David McKenna and a picture of David McKenna.  It says “Corruption is not a priority for me.” with this legend below “[David McKenna, Oct. 11, 2011, Rotary Club debate.]”

Below the Mayor Patrick Morris quote of “Corruption and scandals are not our concerns” are these quotes:

“County Public Defender David McKenna, under pressure from the Board of Supervisors . . . after disclosing that he had intentionally violated County spending policies for nearly a decade . . .” resigned today.

“. . .  he was violating county policies for years . . . it’s imperative the Board . . . appoint a public defender that we have confidence in.  Someone who complies with all the regulations of the County,” said Supervisor Fred Aguiar. [Source – Press Enterprise, July 2, 1999]

In the middle of the back side is a question to the reader: “Is McKenna a responsible public servant and citizen? (You decide – see left and below.)  Left, refers to the Press-Enterprise article about David McKenna’s resignation as San Bernardino County Public Defender.  Below the rhetorical question is this quote: “Until moving to San Bernardino this year, McKenna lived in Riverside County for the past five years without registering to vote.”   This is a quote from the Riverside Press Enterprise, October 23, 2011.

Finally, below the picture of David McKenna, which for political  attack ads is not a bad photo at all, says “. . . (if elected) I will eliminate the City Attorney (corruption) Investigators”.   The mailer attributes the quote to David McKenna at the October 11, 2011 Rotary Club debate.  The picture of David McKenna also has the wording “Paid for by Jim Penman for City Attorney 2011” on it.

What City Attorney Jim Penman campaign themes have been addressed in this, the sixth mailer?  City Attorney Penman as elected watchdog.  David McKenna as carpetbagger.  David McKenna as Mayor Morris surrogate.  Corruption.  Corruption at the San Bernardino International Airport.  David McKenna’s past as an appointed official.

Earlier, there were posts on the Rotary Club of San Bernardino City Attorney Forum and the San Bernardino Chamber of Commerce City Attorney Forum.

Copyright 2011 Michael Reiter, Attorney at Law.

Michael Reiter, Attorney at Law.

Address : 300 E. State St. Suite 517

                  Redlands CA 92373-5235

Telephone: (909) 708-6055

Email: michael@michaelreiterlaw.com

Website: http://michaelreiterlaw.com

Attack Mailers: City Attorney James F. Penman versus David McKenna

By Michael Reiter, Attorney at Law

First, a disclaimer:  this site is neutral as explained in the post “Why We Try To Keep Partisan Politics Out of These Postings”  These postings are provided as a community service, and not to push a particular candidate, or slate of candidates.

The United States Postal Service has been busy.  We have arrived at the point in the campaign when the negative mailers have replaced the ads that focus on the candidate sending the mailers touting their achievements.  I am not using “attack” as a pejorative. Election politics is about pointing out the differences among the candidates, not just the positives of each candidate.  The reader can judge whether these mailers are fair or unfair.

Two fliers from David McKenna arrived to one Jim Penman mailer, so I’ll present them in a McKenna – Penman – McKenna format.  Again, these are posted as a community service, and not to push either candidate.

The second mailer from David McKenna is a  single sheet, glossy, two-sided heavyweight piece of paper.  Here is the front, here is the back.

City Attorney Jim Penman has sent his fourth mailer, though it says it is from the San Bernardino Police Officers Association, it also says it is paid for by Jim Penman for City Attorney 2011, so it is treated as a Jim Penman mailer.   Here is the front, here is the back.

The third mailer from David McKenna has the same color scheme as the second mailer.  Here is the front, here is the back.

These fliers will be discussed at greater lengths another time.

The information you obtain at this blog is not, nor is it intended to be, legal advice. No attorney-client relationship is established by reading or commenting on this blog. You should consult an attorney for advice regarding your individual situation.

Copyright 2011 Michael Reiter, Attorney at Law.

Michael Reiter, Attorney at Law.

Address : 300 E. State St. Suite 517

                  Redlands CA 92373-5235

Telephone: (909) 708-6055

Email: michael@michaelreiterlaw.com

Website: http://michaelreiterlaw.com

Re-Elect San Bernardino City Attorney Jim Penman 2011 Mailer Number Two

By Michael Reiter, Attorney at Law

The second mailer from the Jim Penman for City Attorney 2011 campaign has arrived, quick on the heels of the first mailer.  This mailer is in color and is four pages long.  Here is page 1, page 2, page 3, and Page 4.

This mailer continues the themes of City Attorney Jim Penman’s election campaign.  On  the front, the mailer again emphasizes the theme  “The People’s Watchdog.”   To emphasize the point, an aggressive dog breed is draped in the American flag, and there are some clip-art animal paw prints.  Below the motto, is a graphic, in the style of a campaign sign, “City Attorney Jim Penman Integrity You Can Trust!”

The second and third pages are very busy.  Page 2 is headlined “Our Voice For Accountability.”  The main text of Page 2 reads:

City Attorney Jim Penman is dedicated to protecting the citizens of San
Bernardino and holding city leaders accountable.
The voters’ decision to reject Measure “O” and serving as the People’s
Watchdog made Jim unpopular with some politicians at City Hall. But
Jim answers TO YOU, the voters, not those politicians.

• PROTECTING YOUR RIGHT TO VOTE

When politicians tried to take away our right to vote on city offices
last year, Jim Penman stopped them by leading the campaign to
defeat Measure C.

•  STOPPING CORRUPTION

When city officials attempted to use their positions for personal
financial gain, Jim Penman took action. One Councilman was
forced to resign in February 2011 and others are still under
investigation.

•  CLEANING UP BLIGHT

When slumlords ignored community concerns about blight, Jim
Penman took action. He forced them to clean up 256 slum
properties. and generated $1 million dollars in new revenues for
the city taxpayer, imposing penalties on the absentee landlords.

•  FIGHTING CRIME

Jim wrote the city’s tough new moratorium against parolee housing
and he moved swiftly to shut down the notorious “Hudson Rave
Club” to keep drugs away from our youth.

Page 2 also has quotes from former Judge Craig Kamansky.  “I’ve known Jim Penman for many years and I have the highest regard for his integrity, his professionalism and his commitment to the community.”  Page 2 of the second mailer also repeats the quote from the first mailer from San Bernardino Police Officers Association President Steve Turner.  Above Steve Turner’s quote is a graphic stating “VOTE NO ON MEASURE C STOP CORRUPTION” with the legend “Nov. 2010 ballot measure rejected by voters by more than 60%.”

Below the Steve Turner quote is a picture of the City Attorney with a man in a jacket that says “POLICE.”

Page 3 is similar to Page 2 in design, though slightly less busy.  Its theme is “A Lifetime of Dedication” focusing on City Attorney Jim Penman’s experience.

• MILITARY

United States Army Reserve. Member of American Legion Post 777.

•  LAW ENFORCEMENT

As a Prosecutor, Jim has earned state-wide recognition for his
effectiveness in using injunctions and crime sweeps to crack down
on street gangs.

•  EDUCATION

Jim served two terms as President of the Cal State San Bernardino
Alumni Association, and was A.S.B. President while an
undergraduate.

• FIREFIGHTER

Jim worked his way through college at
Cal State San Bernardino as a Firefighter
with the Muscoy Fire Protection District.

• Community

Jim is a long-time member of the
Kiwanis Club of San Bernardino, Elks
Lodge #836, President of the Shamrock
Club of San Bernardino and a member
of the Lutheran Church of Our Savior.
He formerly served as the Resident
Executive Director for the Home of
Neighborly Service for twelve years.

An oval to the lower left hand corner of page 3 has a quote from former Mayor Evlyn Wilcox “San Bernardino taxpayers just couldn’t ask for a better champion than City Attorney Jim Penman.  He is always there for us.  There is a picture of Jim and Judi Penman in the upper right corner of page three.  Its caption says “Jim and his wife Judi are lifelong residents of San Bernardino.”  Page 3 also lists a website of www.JimPenmanSBCityAttorney.com, but as of this post, it goes to a blank GoDaddy page.  The mailer also lists the same email as last time, friendsofpenman@yahoo.com.  The lower right hand corner of page 3 is a box that states “Re-Elect Our City Attorney Jim Penman.”

Page 4 of the mailer’s theme is “Independent Leadership . . . Integrity You Can Trust.”

It has a picture of City Attorney Jim Penman on the phone with the legend “Jim Penman, Our City Attorney” with the same contact information as in the first mailer.   Below that it says “Amelia Sanchez Lopez for City Clerk” with contact information.

In short, this mailer is an overview of City Attorney James F. Penman’s themes for this election.  It reemphasizes the “People’s Watchdog” theme of mailer number one, adds in biographical information, brings up the theme of accountability and fighting corruption again, and asks for support for City Clerk candidate Amelia Sanchez-Lopez.

Based on the FPPC Form 460 disclosures, expect slate mailers supporting City Attorney Penman and additional mailers as the election and early voting approaches.

The information you obtain at this blog is not, nor is it intended to be, legal advice. No attorney-client relationship is established by reading or commenting on this blog. You should consult an attorney for advice regarding your individual situation.

Copyright 2011 Michael Reiter, Attorney at Law.

Michael Reiter, Attorney at Law.

Address : 300 E. State St. Suite 517

                  Redlands CA 92373-5235

Telephone: (909) 708-6055

Email: michael@michaelreiterlaw.com

Website: http://michaelreiterlaw.com

The First Re-Elect Jim Penman Mailer In the 2011 San Bernardino City Attorney’s Election

By Michael Reiter, Attorney at Law

The first mailer from the Jim Penman for City Attorney 2011 campaign was mailed last week.   Here is the front and the back.

This mailer focuses on the themes of City Attorney Penman’s reelection campaign.  On  the front, the mailer emphasizes the overarching theme of the campaign “THE PEOPLE’S WATCHDOG AT CITY HALL.”   The front features the pictures of five supporters and a quote from Steve Turner, the President of the San Bernardino Police Officers Association.  Counterclockwise, the supporters include City Clerk candidate and Planning Commissioner Amelia Sanchez-Lopez; Joe Solis and Mary Solis who are listed as “Verdemont Community Leader;” Victorville attorney and former Judge Stanley Hodge ; and finally small business owner and former San Bernardino Area Chamber of Commerce President Jack Hill.  The quote from the San Bernardino Police Officers Association President Steve Turner says “San Bernardino Police Officers proudly support City Attorney Penman.  He is an effective partner with Law Enforcement in working to combat crime.”   The front also gives contact information: “To contact Jim call (909) 882-8986 or email: friendsofpenman@yahoo.com”

The back of the mailer has in large yellow block letters on a black background “San Bernardino Residents Speak Out: “Thank You Jim Penman!”  This side of the mailer has photographs of other supporters and family members: Again, it leads off with Verdemont Community Leaders Joe Solis and Mary Solis and their children; Oscar Gonzalez and Evelyn Wilson from the 2nd Ward; 4th Ward supporters Jim Smolders and Cathy Smothers and Kathy Toy and John Toy; San Bernardino firefighter and 4th Ward resident Nathan Lopez; City Fine Arts Commissioner and 7th Ward Resident Donna Howard, and a picture of City Attorney Penman with his granddaughter, a resident of the 1st Ward.

City Attorney Jim Penman’s mailer shows a range of ethnic, age and geographical diversity.  He has identified residents of the voting wards, the 4th, 5th, and 7th Wards.  He also pictures residents of the 1st, and 2nd Wards.  If any of the people pictured live in the 3rd Ward or 6th Ward, they are not mentioned.  Neither is a particular hotbed of support for City Attorney Penman, but no doubt he has supporters in those wards.

The quotes on the front further support the themes of City Attorney Jim Penman’s reelection campaign: City Clerk candidate Amelia Sanchez-Lopez says “Our community can count on Jim Penman to stand with us.  He isn’t afraid to speak out against dishonest politicians.”  This touches on City Attorney Penman’s theme of being a City Hall watchdog and fighting corruption within San Bernardino City Hall.  Attorney Stanley Hodge says “As San Bernardino’s Independent City Attorney, Jim Penman wrote the City’s moratorium against parolee housing and took swift action to close the controversial Hudson Theater, ending the teen drug activity at that location.”  This illustrates the campaign of using the tools available to the City Attorney to fight crime.  This is important for the City Attorney’s campaign to note because the San Bernardino City Attorney’s Office does not prosecute state crime misdemeanors like some other City Attorney’s Offices.  Joe and Mary Solis touch on the theme of responsiveness and the theme of the people’s watchdog at City Hall: “Jim is very responsive to the concerns of our neighborhoods.  We couldn’t ask for a stronger champion as City Attorney.  He helped us stop several group homes in the fifth ward.”  Former Chamber President Jack Hill praises the City Attorney’s track record: “Jim has always been there to support our community.  He’s truly dedicated to making San Bernardino a batter place for all of us.”

In all, this is the first mailer you would expect from the campaign.  The City Attorney has featured newer supporters, has emphasized his support from local public safety by featuring the quote from the San Bernardino Police Officers Association and the picture of Firefighter Nathan Lopez, features recent accomplishments like the Hudson Theater injunction, and is very positive.

The information you obtain at this blog is not, nor is it intended to be, legal advice. No attorney-client relationship is established by reading or commenting on this blog. You should consult an attorney for advice regarding your individual situation.

Copyright 2011 Michael Reiter, Attorney at Law.

Michael Reiter, Attorney at Law.

Address : 300 E. State St. Suite 517

                  Redlands CA 92373-5235

Telephone: (909) 708-6055

Email: michael@michaelreiterlaw.com

Website: http://michaelreiterlaw.com

Can a renter be held responsible for violating the San Bernardino Municipal Code?

By Michael Reiter, Attorney at Law

Can a renter be held responsible for violating the San Bernardino Municipal Code related to property maintenance?  The short answer is yes.

When I was a Deputy City Attorney for the City of San Bernardino, I prosecuted many renters for property maintenance violations.  The City of San Bernardino’s property maintenance ordinance is found codified in Chapter 15.24 of the San Bernardino Municipal Code.

“Maintenance requirements for single family residences, multiresidential, commercial and industrial property. Any person owning, renting, occupying, managing, or otherwise having charge of any single family residence, multi-residential, commercial and industrial property shall maintain the property in accordance with the following minimum standards. Failure to comply with these minimum standards shall constitute a violation of this Code.”  San Bernardino Municipal Code section 15.24.040, emphasis added.

Often, a criminal defendant or someone who had been served an administrative citation or who had a notice of violation would ask why the City was prosecuting the renter instead of the owner.  The reply was that the City had the power under the Code to charge the renter or occupant.

Some people would say that their rental agreement or state law required the owner or landlord, or landlord’s agent to maintain the premises.  Those people (including lawyers) would be told, either by city lawyers, or by the administrative hearing officer, that those were legal obligations between the landlord and the tenant, not between the City and the tenant (or for that matter, between the City and the landlord).

What is the public policy behind this ordinance? The City of San Bernardino wants code compliant properties.  They seek to find the party most likely to bring about the transformation from code deficient to code compliant.  Often, that is the person actually living at the property, not the out-of-town or out-of-state landlord.  Sometimes, both the landlord and the tenant are cited.  It may not seem fair for the tenants are responsible, especially if there are contractual terms that require the landlord to provide property maintenance. However, the ordinance provides that the City can cite the tenant.

When I was a Deputy City Attorney, section 15.24.040 only applied to single family properties and duplexes and triplexes.  In 2009, (after I had become Assistant City Attorney for the City of Redlands) that section was merged with 15.24.050, which applied to commercial, industrial and multi-family residential properties.  I would suspect that tenants are not being cited for algae-covered pools in large complexes.  I would expect that there would be a defense to such a citation.  A much closer case would be a situation where an out-of-town landlord has designated one of the tenants as their “on-site manager” in exchange for a reduction of rent.  Often these people do not have apparent or express authority to make changes to the property, and they certainly do not have the means to make changes.  Arguably, if cited, those tenants were not managing or have real charge of the property, they were just the face of the landlord at the property, so that the landlord did not have to deal directly with the other tenants.

Therefore, for tenants faced with code enforcement citations or penalties in the City of San Bernardino, there is no defense of “just a tenant” to Chapter 15.24 violations, at least not in single-family residences.

The information you obtain at this blog is not, nor is it intended to be, legal advice. No attorney-client relationship is established by reading or commenting on this blog.  You should consult an attorney for advice regarding your individual situation.

Copyright 2011 Michael Reiter, Attorney at Law

Michael Reiter, Attorney at Law

Milligan, Beswick, Levine & Knox, LLP

A: 1447 Ford St. #201

      Redlands, CA 92374

T: (909) 296-6708

E: mreiter@mblklaw.org

W: http://michaelreiterlaw.com