Chapter 8.90
RENTAL OF HOUSING USED FOR DRUG ACTIVITY
Sections:
8.90.040 Failure to comply with notice of violation.
8.90.050 Declaration of public nuisance.
8.90.010 Definitions.
A. “Controlled substance” means a drug, substance, or immediate precursor, as listed in the Uniform Controlled Substance Act, Health and Safety Code Section 11054 et seq.
B. “Drug related nuisance” means the holding, maintenance, or use of a rental unit for the purpose of unlawfully selling, serving, storing, keeping, manufacturing or giving away any controlled substance.
C. “Drug related use” means any use in a rental unit of a controlled substance.
D. “Illegal drug dealing activity” means any possession for sale, any sale, storage, possession, or manufacturing of a controlled substance from or in a rental unit.
F. “Landlord” means an owner, 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, representative or successor of any of the foregoing.
G. “Rental unit” means any dwelling unit, efficiency dwelling unit, guest room, and suite, as defined in Chapter 17.04 PMC, including any single family residence, duplex and condominium in the City, the land and buildings appurtenant thereto, including common areas, garage facilities, alleyways, stairwells, and elevators. This term shall also include mobile homes, whether rent is paid for the mobile home and the land upon which the mobile home is located, or the rent is paid for the land alone. Further it shall include recreational vehicles, as defined in California Civil Code Section 799.24, if located in a mobile home park, whether rent is paid for the recreational vehicle and the land upon which it is located, or rent is paid for the land alone.
H. “Tenant” means a tenant, subtenant, lessee, sublessee, any person entitled to use or occupancy or a rental unit, or any other person who is using or occupying a rental unit. (Ord. 297, 1989)
8.90.020 Prohibition.
A landlord shall not knowingly cause or permit any rental unit to be used or maintained for any drug-related use, illegal drug dealing activity, or drug-related nuisance. (Ord. 297, 1989)
8.90.030 Notice of violation.
If the City Attorney determines that a rental unit is being used or maintained in violation of PMC 8.90.020, then the City Attorney or any law enforcement agency may order the landlord to comply with the section. This order shall be presented to the landlord either by personal service or by a letter sent certified mail with a return receipt requested. The order shall contain as enclosures sufficient documentation to establish that the premises are being used or maintained for any drug-related use, illegal drug dealing activity or drug-related nuisance. Nothing herein shall be interpreted as authorizing the release of documentation which would violate an individual’s rights to privacy or any other applicable provision of law that precludes the release of public records. Nothing herein shall authorize a search of any rental unit or seizure of any property by a landlord under color of authority of the City or any employee or official thereof. (Ord. 297, 1989)
8.90.040 Failure to comply with notice of violation.
A landlord shall in good faith comply with the notice prescribed by PMC 8.90.030. If the landlord fails to comply with the notice, then the City Attorney or any law enforcement agency may take any lawful action to enforce PMC 8.90.020 hereof. Good faith compliance may be shown by the landlord’s obtaining the voluntary surrender of the premises by the tenant; or the landlord’s commencement and prosecution of unlawful detainer proceedings; or the landlord’s demonstration in writing to the satisfaction of the City Attorney that commencement of unlawful detainer proceedings is not supported by the evidence received by the City and by the landlord, taken as a whole. (Ord. 297, 1989)
8.90.050 Declaration of public nuisance.
In addition to any other enforcement action, the City Attorney may declare an alleged violation of PMC 8.90.020 or the activities described therein to constitute a public nuisance and may commence abatement of the conditions giving rise thereto in accordance with Health and Safety Code Section 11570 et seq. (Ord. 297, 1989)
8.90.060 Construction.
Nothing contained in this chapter shall be construed or interpreted in such a way as to create a principal-agent relationship between the City and the landlord. (Ord. 297, 1989)
8.90.070 Severability.
If any section, sentence, clause, phrase, part or portion of this chapter is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. It is declared that this chapter and each section, subsection, sentence, clause, phrase, part or portion thereof, would have been adopted or passed irrespective of the fact that any one or more sections, sentences, clauses, phrases, parts, or portions be declared invalid or unconstitutional. (Ord. 297, 1989)