Chapter 7.28
RENTAL HOUSING USED
FOR DRUG ACTIVITY
Sections:
7.28.040 Failure to comply with notice of violation.
7.28.050 Declaration of public nuisance.
7.28.010 Definitions.
“Controlled substance” means a drug, substance, or immediate precursor, as listed in the Uniform Controlled Substance Act, Health and Safety Code Section 11000 et seq., which is in an amount that is legally sufficient to establish by a preponderance of the evidence that the controlled substance was possessed for personal use or possessed for sale.
“Drug-related nuisance” means any activity which would lead a reasonable person to conclude that a rental unit is being used as a place wherein illegal drug dealing activity is occurring. This activity includes, but is not limited to, steady traffic day or night to a particular unit, barricaded units or sighting of weapons, brought to the attention of the landlord by other tenants, persons within the community, or law enforcement agencies.
“Drug-related use” means any unlawful possession for personal use of a controlled substance in a rental unit, brought to the attention of the landlord by other tenants, neighbors, other community residents or law enforcement.
“Illegal drug dealing activity” means any unlawful possession for sale or distribution, or any unlawful sale or distribution, storage, possession or manufacturing of a controlled substance from a rental unit, including any acts which constitute violation of Health and Safety Code Sections 11366, 11366.5 or 11550, et seq.
“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 use of any rental unit, or the agent, representative or successor of any of the foregoing.
“Rental unit” means any dwelling unit, efficiency dwelling unit, single room occupancy, guest room, apartment and suite, including any single-family residence, duplex, and condominium in the city, the land and building 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 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 recreational vehicle and the land upon which it is located, or rent is paid for the land alone.
“Tenant” means a tenant, subtenant, lessee, sublessee, any person entitled to use or occupancy of a rental unit, or any other person who is using or occupying a rental unit. (Ord. 445 § 9, 2014; Ord. 100 § 1, 1989)
7.28.020 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. 100 § 1, 1989)
7.28.030 Notice of violation.
If the city attorney determines that a rental unit is being used or maintained in violation of SBMC 7.28.020, then the city attorney or any law enforcement agency may order the landlord to comply with said 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 for any illegal drug use, 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. (Ord. 100 § 1, 1989)
7.28.040 Failure to comply with notice of violation.
A landlord shall in good faith comply with the notice prescribed by SBMC 7.28.030. 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 SBMC 7.28.020. (Ord. 100 § 1, 1989)
7.28.050 Declaration of public nuisance.
In addition to any other enforcement action, the city attorney may declare an alleged violation of SBMC 7.28.020 to constitute a public nuisance and may commence abatement of the conditions giving rise thereto. (Ord. 100 § 1, 1989)
7.28.060 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. 100 § 1, 1989)
7.28.070 Severability.
If any section, 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. 100 § 1, 1989)