Chapter 9.42
ABATEMENT OF CHRONIC NUISANCE PROPERTIES
Sections:
9.42.030 Scope of application.
9.42.050 Chronic nuisances prohibited.
9.42.060 Nuisance incident notice.
9.42.080 Enforcement and fines.
9.42.010 Purpose.
The purpose of this chapter is to provide administrative and civil remedies against responsible persons who permit, allow, or fail to prevent recurring nuisance activities to occur on the properties owned or occupied by them that compromise the public health, safety or welfare. (Ord. 12-07 § 1 (part))
9.42.020 Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
A. “Administrative expenses” shall include, but not be limited to, any of the following:
1. All costs associated with any hearings before a hearing officer.
2. City’s personnel costs, direct and indirect, incurred in enforcing this chapter and in preparing for, participating in or conducting any hearings subject to this chapter, including, but not limited to, attorney’s fees.
3. The cost incurred by the city in documenting nuisance activity, including, but not limited to, the actual expense and costs of the city responding to calls reporting nuisance activity; investigating and enforcing statutory crimes related to the nuisance activity, including, but not limited to, court appearances; conducting inspections; attending hearings; and preparing notices, administrative citations, and orders.
B. “Chief of police” shall mean the chief of police or his/her designee.
C. “City” shall mean the city of San Jacinto.
D. “Enforcement officer” shall mean any person authorized by the chief of police to enforce violations of this chapter.
E. “Gang-related crime” means any crime motivated by gang membership in which the perpetrator, victim, or intended victim is a known member of a gang.
F. “Hearing officer” shall mean any person appointed to preside over a hearing pursuant to this chapter.
G. “Notice” means written notice provided as follows:
1. Notice served upon an owner by regular mail, to the mailing address indicated on the last equalized assessment roll of the Riverside County assessor’s office.
2. Notice served upon a tenant by regular mail, to the tenant’s last known address.
3. The service of notice shall be prima facie evidence that the intended recipient noticed has knowledge of, and has permitted, nuisance activity at or upon the property.
H. “Nuisance activity” means the occurrence of any of the following classifications of activities, behaviors, or conduct whenever engaged in by a responsible person on or at property owned, occupied or controlled by that person:
1. Class I.
a. Disturbing the peace in violation of Penal Code Section 415.
b. Making, causing or suffering any unnecessary noises or sounds in violation of Chapter 8.40 or 8.44.
c. Manufacturing, giving away, selling, offering for sale, soliciting the sale of, possessing, purchasing, using, igniting, exploding, firing or otherwise discharging any fireworks within the city in violation of Chapter 8.57.
d. Allowing the occupancy load of a building to exceed the permitted number as established by the California Building Code.
e. The occurrence or attempted occurrence of any gang-related crime.
2. Class II.
a. Any form of assault or battery, as defined in Penal Code Sections 240 and 242, respectively.
b. Unlawfully discharging a firearm, whether a handgun, long gun, and/or shotgun, within the city.
c. Parties or gatherings at which alcohol or controlled substances are illegally consumed or used by minors.
d. Anything that is injurious to health, or is indecent, or offensive to the senses, or is an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property by an entire community or neighborhood, or by any considerable number of persons, as provided in Penal Code Sections 370 and 371.
e. The occurrence or attempted occurrence of any other criminal activity that threatens the life, health, safety, or welfare of residents of the property, the neighborhood, or the public.
3. Class III.
a. The commission or attempted commission of any serious felony or violent felony as defined in Penal Code Sections 1192.7(c) and 667.5(c), respectively.
b. The manufacture, cultivation, sale, use, or possession of a controlled substance in violation of the Uniform Controlled Substances Act (Health and Safety Code Section 11000 et seq.), or in violation of federal law.
c. The commission or attempted commission of any act of prostitution as defined in Penal Code Section 647(b).
d. The manufacture, sale, possession, or use of a firearm in violation of the Dangerous Weapons Control Law (Penal Code Section 12000 et seq.).
I. “Owner” and “property owner” have the same meaning and may be used interchangeably and shall mean the owner or owners of record of the subject real property as shown on the latest equalized tax assessment roll of Riverside County.
J. “Person” means individual(s), corporations, associations, partnerships, limited liability companies, trustees, lessees, agents and assignees.
K. “Point” shall mean a point that is counted against the threshold amount, with the following points assigned to the following classifications of nuisance activities as set forth in subsection H of this section:
1. Class I—1 point.
2. Class II—2 points.
3. Class III—3 points.
L. “Real property” or “property” have the same meaning and may be used interchangeably and shall mean the lot or parcel of land for which the owner has legal ownership or exercises custody or control thereof. For multi-unit properties, the entire complex shall constitute one “property.”
M. “Responsible person” shall mean:
1. Any individual or legal entity who is the owner, tenant, co-tenant, lessee, sub-lessee, occupant or other person with any right to possession of the real property, owner or authorized agent of any business, company, or entity, or the parent or the legal guardian of any person under the age of eighteen (18) years, who causes, permits or maintains a violation of any code.
2. Any individual, legal entity or the parent or the legal guardian of any person under the age of eighteen (18) years who causes, permits or maintains a violation of any code.
The following persons shall not be deemed to be “responsible persons” under this chapter:
1. Any person identified as a victim of the nuisance activity, including, but not limited to any victim of domestic violence; or
2. Any person who is a reporting party to a nuisance activity and not otherwise involved in the causation of that nuisance activity (that is, an innocent reporting party will not have any point(s) assigned to that person or his or her property); or
3. Any person with a disability, as defined by state or federal law (the police chief may grant a reasonable accommodation for any person who might otherwise fit the definition of “responsible person”); or
4. Any co-tenant, occupant, guest or visitor of a property who is not responsible for the causation of the subject nuisance activity (that is, a visitor to a property who has not caused a nuisance activity would not be a responsible person).
N. “Tenant” or “occupant” have the same meaning and may be used interchangeably and shall mean that person(s), visitor(s), or transient(s) utilizing, leasing, residing at, or occupying the real property in question regardless of whether a written lease or contract exists between the parties; such occupancy may last for any limited period of time.
O. “Threshold amount” shall be five points. (Ord. 12-07 § 1 (part))
9.42.030 Scope of application.
A. The provisions of this chapter shall apply to all real property, whether residential, commercial, industrial, improved, or unimproved, throughout the city.
B. A criminal conviction is not required for establishing the occurrence of nuisance activity pursuant to this chapter. The occurrence of nuisance activity may be established by documented evidence that the nuisance activity was witnessed by a peace officer or other witness willing to testify.
C. The remedies set forth in this chapter are cumulative and additional to any and all other legal remedies available whether set forth elsewhere in the San Jacinto Municipal Code, or in state or federal laws, regulations, or case law. (Ord. 12-07 § 1 (part))
9.42.040 Authority.
The chief of police shall be responsible for administering and enforcing the provisions of this chapter. The chief of police shall have the authority to designate employees as enforcement officers in conformance with this chapter to assist with enforcement responsibilities of this chapter, including, but not limited to, the issuance of administrative citations. (Ord. 12-07 § 1 (part))
9.42.050 Chronic nuisances prohibited.
It shall be unlawful for any responsible person to cause or allow any real property owned or occupied by him or her to be used for a threshold amount of nuisance activity during any twelve (12) month period. (Ord. 12-07 § 1 (part))
9.42.060 Nuisance incident notice.
A. When the chief of police determines that law enforcement has been dispatched to the same property for nuisance activity that qualifies for at least three points, the chief of police shall issue a written nuisance incident notice to all responsible persons.
B. The nuisance incident notice required by this chapter shall:
1. Identify the type and specific location of the nuisance activity;
2. Summarize the evidence of the nuisance activity occurring on the property (including the documented observations of the peace officer or a witness willing to testify), and (if the property is occupied by a tenant who is a responsible person) information necessary to prosecute an eviction of that tenant;
3. Provide the dates on which the nuisance activity was reported to the police department and the dates of any prior responses by the police department to nuisance activity on the property; and
4. Notify all responsible persons of the required corrective actions, if any, and the date by which such corrective actions must be completed (tenants who are not deemed “responsible persons” will not be required to take corrective actions or be the subject of evictions); and
5. Warn the responsible persons that future nuisance activity on or at the property may cause the city to institute enforcement proceedings to abate the nuisance activities occurring on the property, or impose fines and administrative expenses on any or all responsible persons. (Ord. 12-07 § 1 (part))
9.42.070 Notice of abatement.
A. When the chief of police determines that the threshold amount of nuisance activity has occurred on any single property within any twelve (12) month period, a written notice of abatement shall be issued to all responsible persons.
B. The notice of abatement required by this chapter shall:
1. State that the property constitutes a chronic nuisance property in violation of this chapter because the threshold amount of nuisance activity has occurred on the responsible person’s property within a twelve (12) month period;
2. Identify the type and specific location of the nuisance activity;
3. Summarize the evidence of the nuisance activity occurring on the property (including the documented observations of the peace officer or a witness willing to testify), and (if the property is occupied by a tenant who is a responsible person) information necessary to prosecute an eviction of that tenant;
4. Provide the dates on which the nuisance activity was reported to the police department and the dates of any prior responses by the police department to nuisance activity on the property;
5. Notify all responsible persons that future nuisance activity on or at the property may result in the city issuing an additional notice of abatement;
6. Notify all responsible persons of the required corrective actions, if any, and the date by which such corrective actions must be completed (tenants who are not deemed “responsible persons” will not be required to take corrective actions or be the subject of evictions);
7. Notify all responsible persons of any fine being imposed by the city pursuant to Chapter 1.24 or 1.28, and the date by which such fine must be paid; and
8. If a fine is imposed by Chapter 1.28, notify all responsible persons of their right to request a hearing pursuant to Chapter 1.28.
C. A subsequent and separate notice of abatement shall be issued pursuant to this chapter for each and every call to law enforcement reporting nuisance activity on the property received within the twelve (12) month period immediately following the date of the first and any subsequent notice of abatement is issued. (Ord. 12-07 § 1 (part))
9.42.080 Enforcement and fines.
A. Any violation of this chapter shall be punishable by any combination of the following:
1. A misdemeanor punishable by either six months in jail, a one thousand dollar ($1,000.00) fine, or both;
2. Initiation of a civil action by the city attorney, or his or her designee as set forth in this chapter;
3. Issuance of administrative citation(s), or order(s) to abate the nuisance activity with a fine for each and every nuisance activity of one thousand dollars ($1,000.00) plus any administrative expenses incurred in the enforcement of this chapter, or both an administrative citation and an order to abate with a fine plus administrative expenses;
4. Administrative injunction ordering the action constituting a nuisance activity to immediately cease and desist; such an order may require an order that the property be immediately vacated to protect the health, safety, and welfare of the community.
B. Violation of any section of this chapter may be filed as an infraction or a misdemeanor at the discretion of the city attorney.
C. Each responsible person shall be jointly and severally liable for any orders for corrective action, fines or penalties, or any of the foregoing, imposed pursuant to this chapter.
D. Fines imposed pursuant to this chapter are due and payable within thirty (30) days following issuance of the citation; provided, that when a request for a hearing is made, the fines and administrative expenses shall be due and payable within thirty (30) days following the date of the hearing officer’s written decision. Any fine or administrative expense not paid within the time limits set forth shall be collected as otherwise provided in this code, as such provisions may be amended from time to time, and set for collection via inclusion on the county tax rolls as a special assessment, as provided by law. (Ord. 12-07 § 1 (part))
9.42.090 Civil penalties.
A. In addition to the enforcement procedures and fines described in this chapter, the city attorney may bring a civil action for injunctive relief and civil penalties against any responsible person who violates this chapter.
B. In any civil action brought pursuant to this chapter, the court may award reasonable attorney fees and costs to the prevailing party.
C. Each responsible person shall be jointly and severally liable for any civil penalties and reasonable attorney fees and costs. (Ord. 12-07 § 1 (part))
9.42.100 Right to a hearing.
A. Each responsible party has the right to request a hearing in response to a notice of abatement pursuant to Chapter 1.28 et seq.
B. All aspects of the hearing shall be conducted pursuant to Chapter 1.28 et seq. (Ord. 12-07 § 1 (part))