Chapter 9.20
DRUG HOUSES
Sections:
9.20.020 City manager authority to order corrective action by property owners.
9.20.030 Remedies – Civil penalty – Not exclusive.
9.20.010 Findings.
Apartment buildings and other rental and owner occupied property in the city of Fortuna are used by drug dealers and users to sell and use illegal and dangerous drugs.
A. Such drug dealing and use can be accompanied by violence and threats of violence between drug dealers and against innocent citizens.
B. Some owners of such properties may be aware of such activity and fail to take any action to stop it.
C. The existence of such properties in the city can pose a serious threat to the health, safety, welfare, and security of the citizens of Fortuna, including innocent inhabitants of these properties and neighboring residents.
D. Because of the potential danger such activity in such properties can pose to Fortuna citizens, the ordinance codified in this chapter is needed for the protection of the public peace, health and safety.
E. The employees of the city of Fortuna will make every reasonable effort to cooperatively work with property owners, tenants, and neighbors in the elimination of drug houses. It is not the intent to take punitive action against a landlord that is actively attempting to remove tenants that are violating the provisions of this chapter. (Ord. 94-593 § 1).
9.20.020 City manager authority to order corrective action by property owners.
A. Whenever the city manager or his designee finds by a preponderance of the evidence in accordance with subsection (B) of this section, that the unlawful sale, storage, manufacturing, selling, or giving away of a controlled substance, precursor or analog as defined in the Health and Safety Code has occurred in or about the premises of any privately owned property, he may order the property owner to take corrective action to abate the activity.
Such corrective action may include, but is not limited to, the hiring of a residence manager or security guard, the installing of secure doors at the front and rear of the buildings, the posting of “no trespassing” signs in and on the property, the development of property rules which regulate the entrance to and egress from the property of nonresidents and the institution of action to remove any resident or others engaging in such illegal conduct on or about the premises.
B. Prior to the city taking such action the city manager shall afford the property owner written notice of the proposed actions, specific documentation (as allowed by law) of the basis therefore, and a reasonable opportunity to respond. No hearing shall be required which evidence is required to be taken.
C. If the property owner is dissatisfied with the city manager’s proposed actions at any time prior to the city’s initiating civil action pursuant to FMC 9.20.030(C), such property owner may appeal to the Fortuna city council. Notice of appeal to the city council shall be made in writing to the city clerk. The written notice shall include a statement of the facts of the appeal and the recommended solution in sufficient detail to enable the city council to understand the nature of the proceedings and the parties concerned. Unless the time is extended by mutual agreement of the parties, the matter shall be placed on the next agenda for a regularly scheduled meeting at which time the city council shall commence its hearing. The city council shall render its decision within 30 days after the conclusion of the hearing. The decision shall contain a summary of the evidence, findings of fact, and a statement of the reasons underlying the decision. The city council’s decision shall be sent to the property owner and the city manager. The city council’s decision shall be the final and binding administrative remedy. (Ord. 94-593 § 1).
9.20.030 Remedies – Civil penalty – Not exclusive.
A. The remedies provided under this section are in addition to any the city or any person might have under applicable law.
B. Any property owner shall be liable to the city of Fortuna for a civil penalty of $100.00 per day for each day the property owner fails to comply with the actions ordered by the city manager pursuant to FMC 9.20.020(A); provided, however, that if the property owner appeals to the city council pursuant to FMC 9.20.020(C), the commencement of the civil penalty shall be delayed to the time the city council makes its decision on such appeal.
C. The failure to comply with this order is hereby declared a nuisance and the city attorney, at the direction of the city council, may bring a civil action under this section for injunctive and other relief. Prior to directing the city attorney to commence such a civil action, the city council shall first give notice of such proposed action to the property owner and an opportunity for the property owner to be heard at a regular city council meeting or a city council meeting specially called for that purpose.
D. The unlawful sale, storage, manufacture, selling or giving away of controlled substance, precursor or analog on private property is hereby declared to be a nuisance. Whether or not the city manager orders a private property owner to take corrective action, any person aggrieved by such a nuisance may bring an independent civil action against the private property owner of the property on or about which such activity has occurred for all appropriate relief including damages, costs and attorney fees, which s/he may have incurred as a result of such activity of no less than $500.00.
1. A “person aggrieved” is anyone who owns or occupies any premises that cannot be quietly used and enjoyed due to the unlawful sale, storage, manufacture, selling or giving away of a controlled substance, precursor or analog on or in any property or dwelling unit, other than their own.
2. Every day that a person aggrieved cannot quietly use and enjoy their premises is a separate and distinct nuisance. (Ord. 94-593 § 1).