Chapter 8.44
CONTROLLED SUBSTANCES AND GANG-RELATED CRIME EVICTION PROGRAM
Sections:
8.44.020 Duties of the landlord.
8.44.030 Administrative procedures.
8.44.040 Recovery of possession by landlord.
8.44.080 Civil remedies available.
8.44.010 Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
A. “Controlled substance” shall mean any drug, substance, or immediate precursor as listed in the Uniform Controlled Substances Act, California Health and Safety Code Sections 11000 et seq.
B. “Drug-related nuisance” shall mean any activity related to the possession, sale, use, or manufacture of a controlled comfortable enjoyment of life, property, and/or safety of residents of the premises. Such activity includes, but is not limited to, noise, steady traffic day and night to a particular unit, barricaded units, the display or observance of weapons, drug loitering as defined in California Health and Safety Code Section 11532 or other drug-related occurrences which taken as a whole tend to substantially affect or interfere with any tenant’s beneficial use and enjoyment of any rented property.
C. “Gang-related crime” means any crime in which the perpetrator is a known member of a gang or any crime motivated by gang membership in which the victim or the intended victim of the crime is known as a member of a gang.
D. “Illegal drug activity” means a violation of any of the provisions of Chapter 6 commencing with Section 11350 or Chapter 6.5 commencing with Section 11400 of the California Health and Safety Code or any successor provisions thereto.
E. “Landlord” means any owner of record, lessor, or sublessor, including any person, firm, corporation, partnership, or other entity who receives or is entitled to receive rent for the use of any rental unit or the agent, representatives or successor of any of the foregoing.
F. “Premises” means any rental unit and the land on which it and any other buildings of a complex are located and common areas including, but not limited to, garage facilities, streets, alleyways, stairwells, elevators, and as the context permits or requires, any public or private property which is immediately adjacent to any exit areas.
G. “Rental unit” means any dwelling as defined in CMC 17.04.210 including, but not limited to, any single- or multi-family residence, duplex, and/or condominium or any part thereof which is rented or offered for rent for residential occupancy in the city. This term shall also include any mobile home, whether rent is paid for the mobile home, land which the mobile home is located, or both. It shall also mean any recreational vehicle as defined in California Civil Code Section 799.24 if located in a mobile home park or recreational vehicle park, whether rent is paid for the recreational vehicle, the land upon which it is located or both.
H. “Tenant” means any tenant, subtenant, lessee, sublessee or any person entitled to use or occupancy of a rental unit, or any person residing in the rental unit. (Ord. 99-1853, 1999.)
8.44.020 Duties of the landlord.
A landlord shall not cause or knowingly permit:
A. Any premises under his or her control to be used or maintained for any illegal drug activity, gang-related crime, or in such manner as to constitute a drug-related nuisance; or
B. Any tenant to use or occupy premises under the landlord’s control if the tenant commits, permits, maintains, or is involved in any illegal drug activity, gang-related crime, or drug-related nuisance on the premises. (Ord. 99-1853, 1999.)
8.44.030 Administrative procedures.
The city manager or his or her designee may promulgate such administrative procedures as may be necessary to implement the provisions of this chapter. (Ord. 99-1853, 1999.)
8.44.040 Recovery of possession by landlord.
Pursuant to California Code of Civil Procedure Section 1161, a landlord may bring an action to recover possession of a rental unit upon the grounds that the tenant is:
A. Maintaining, committing, or permitting the maintenance or commission of a nuisance upon the premises. A person who illegally sells a controlled substance upon the premises or uses the premises to further that purpose shall be deemed to have committed a nuisance upon the premises.
B. Using the premises for an unlawful purpose. (Ord. 99-1853, 1999.)
8.44.050 Enforcement.
A. Provided the owner of record or agent thereof and any known manager of a premises have been served with a written notice by certified mail, return receipt requested, advising that the chief of police has determined that the landlord is in violation of CMC 8.44.020(A) and has failed to comply with the provisions of the subsection within 10 business days of the date of service of said notice, or to file an appeal within said period as provided herein, then the city may file an action for injunctive relief or utilize any other remedy provided by law to compel compliance including, but not limited to, all remedies available to abate a nuisance.
B. For the purpose of this section, the written notice shall also identify the offending tenant(s) unit number if applicable, the specific violation(s) and shall state the date(s) and time(s) of any observed criminal activity and the resulting arrest(s) and shall further state that as to such tenant(s), the landlord is required to serve and diligently prosecute either a three-day notice to quit or 30-day notice to vacate. The term “diligently prosecute” shall mean such prosecution by the landlord as necessary to cause the subject rental unit to be completely vacated by all occupants. No such vacated unit may be re-rented, leased or otherwise reoccupied by the prosecuted tenant prior to the expiration of a 12-month period following the vacation of the rental unit by the tenant(s).
C. The required notice shall also state that within the 10-day period, the landlord may file a written appeal of the determination of violation with the city manager who shall cause the matter to be set for a hearing. Written notice of the date and time of said hearing shall be served by first-class mail addressed to the landlord’s last known business address. Following the conclusion of the hearing, the city manager may affirm, reverse or reverse subject to conditions. The city manager’s decision shall be based upon written findings and shall be final.
D. In the event no appeal is filed or an appeal is denied, the city may immediately proceed to enforce the provisions of this chapter against such landlord by way of criminal or civil enforcement action, including an action for injunctive relief or by any other remedy provided by law to compel compliance including, but not limited to, all remedies available to abate a nuisance.
E. A court rendering a judgment pursuant to this section may in addition to any other penalty or remedies provided by law a civil penalty in the maximum amount permitted by law payable to the city and/or require the payment of the city attorney’s fees, cost of investigation, discovery and court costs. (Ord. 99-1853, 1999.)
8.44.060 Lien authorized.
Any judgment for money including permitted fees and costs may be recorded as a lien against the subject’s property in an amount not to exceed $5,000, and if multiple defendants exist, they shall be jointly and severally liable for any payment so ordered. (Ord. 99-1853, 1999.)
8.44.070 Penalties.
It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. Any person violating any provision of this chapter or failing to comply with any of its requirements shall be punished as follows:
A. For three or fewer violations occurring within any 12-consecutive-month period, a violation of this chapter shall be deemed to be an infraction punishable by a fine not exceeding $100.00 for the first violation, $200.00 for a second violation of the same provision within any 12-month-consecutive period, and a fine not exceeding $500.00 for a third violation of this same provision occurring within a 12-consecutive-month period.
B. A fourth violation of the same provision occurring within any 12-consecutive-month period shall be deemed to be a misdemeanor and upon conviction thereof shall be punishable by a fine not exceeding $1,000 or by imprisonment not exceeding six months or by both such fine and imprisonment. (Ord. 99-1853, 1999.)
8.44.080 Civil remedies available.
The violation of any of the provisions of this chapter hereby adopted shall constitute a nuisance and may be abated by the city through civil process by means of restraining order, preliminary or permanent injunction, or in any other manner provided by law for abatement of such nuisances. (Ord. 99-1853, 1999.)