Chapter 9.20
ABATEMENT OF DRUG HOUSES
Sections:
9.20.020 Police chief’s authority to order corrective action by property owners.
9.20.030 Remedies – Civil penalties – Nonexclusive.
9.20.010 Findings.
A. Apartment buildings, rental property and owner occupied property in the city of Trinidad may be used by drug dealers and users to sell and use illegal and dangerous drugs.
B. Some owners of such properties are aware of such activity, but fail to take action to stop it, while other owners may be unaware of such activity.
C. Regulating such activity has consumed significant resources of the police department in other cities.
D. The possible existence of such properties in the city of Trinidad could pose a serious threat to the health, safety, welfare and security of the citizens of Trinidad, including innocent inhabitants of those properties and their neighbors. [Ord. 94-5 § 1, 1994].
9.20.020 Police chief’s authority to order corrective action by property owners.
A. Whenever the chief of police or her/his designee finds by a preponderance of the evidence that the unlawful sale, storage, manufacturing, selling or giving away of a controlled substance, precursor or analog, as defined in the California Health and Safety Code, has occurred in or about any privately owned property, she/he may order the property owner to take corrective action to abate the activity pursuant to this chapter.
B. Corrective action, which may be ordered hereunder at the discretion of the police chief or his/her designee, may include, but is not limited to, one or more of the following:
1. Capital improvements including, by way of example only, security gates and doors;
2. Improved interior/exterior lighting;
3. Security guards;
4. Posting of signs;
5. Property rules which regulate entrance upon and egress from the property by nonresidents;
6. The commencement of appropriate legal proceedings including unlawful detainer to remove any tenant, resident or person engaging in such illegal conduct on or about the premises; or
7. Boarding up any structure on the property to make such structure inaccessible.
C. Before issuing an abatement notice as defined in subsection (D) of this section, the chief of police shall take the following action:
1. He/she shall informally serve upon the property owner(s) notice that drug activities are suspected on the owner’s property and that the owner should take all necessary steps to eliminate these activities. This action, whether verbal or written, shall be documented by the chief of police as to the date and method of service.
D. Prior to commencement of any abatement action hereunder, the police chief, or her/his designee, shall give notice to the owner of the property (the “abatement notice”) requesting that the owner abate the matter or take action designated in the abatement notice within a reasonable time after receipt of the abatement notice. A “reasonable time” shall mean 30 days, unless the city attorney determines that there is good cause to shorten the time of notice or forego notice entirely. For purposes of this subsection, “good cause” includes, but is not limited to, unavailability of the owner or evasion of service by the owner. The abatement notice, if required hereunder, shall contain as enclosures documentation establishing the basis on which the police chief, or her/his designee, has determined that abatement action is required hereunder. The abatement notice shall be served on the owner by personal service or by certified mail at the address of the owner as shown on the latest equalization assessment roll.
E. If the abatement notice identifies a particular tenant as responsible for the nuisance activity or recommends action that will have a significant adverse effect on the tenant’s right of possession, the police chief, or her/his designee, shall also serve a copy of the abatement notice and supporting documentation on that tenant. Service shall be by personal service or by certified mail to the tenant at the property address. Said notice shall not be required if the city attorney determines that there is good cause to forego notice. For purposes of this subsection, “good cause” includes, but is not limited to, unavailability of the tenant or evasion of service by the tenant.
F. The determination of the police chief, or her/his designee, to order the abatement of any matter hereunder shall be based on a finding that a pattern or practice of illegal drug related activity exists on or about the property taking into account the totality of circumstances including, but not limited to, any one of the following:
1. An excessive number of short-term visitors, for periods of 15 minutes or less, within any 24-hour period; or
2. Information received from informants including, without limitation, confidential informants; or
3. The presence of known drug users or traffickers on or about the premises.
G. Any person served with an abatement notice hereunder or any person whose interest in the property may be affected by abatement action taken pursuant to this chapter shall have the right to protest abatement notice issued by the police chief’s determination to take action hereunder as follows:
1. Said protest shall be in writing and shall be delivered to the city clerk within 15 days of the date of receipt of the abatement notice, unless a shorter time for filing such protest is otherwise indicated in the abatement notice;
2. Said protest shall be in writing and shall set forth the facts on which the protest is based and recommended alternative action to be taken in sufficient detail to enable the city council to understand the nature of the protest;
3. Unless the time is extended by mutual agreement of the parties, the matter shall be reviewed by the city council within 15 days of the date of receipt of the protest;
4. No additional evidence or testimony shall be considered other than that contained in the written protest, unless the city council shall elect to hear additional testimony on the matter;
5. No filing fee shall be required;
6. The decision of the city council shall be final and shall be effective immediately;
7. The city council may take into consideration in reviewing the protest, the prompt, good faith commencement and prosecution of eviction proceedings by the property owner or the prompt and good faith commencement of other appropriate remedial action to remedy the conditions described in the abatement notice; and
8. 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. A copy of the decision shall be sent to the property owner and the chief of police. The city council’s decision shall be the final and binding administrative remedy. [Ord. 94-5 § 1, 1994].
9.20.030 Remedies – Civil penalties – Nonexclusive.
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 for a civil penalty of $100.00 per day for each day the property owner fails to comply with any action finally ordered by the police chief, or her/his designee, pursuant to this chapter.
C. Failure to comply with any order of the police chief, or her/his designee, hereunder, is declared a nuisance and the city attorney, upon presentation to and at the direction of the city council, may bring a civil action under this chapter or under Health and Safety Code Section 11570 et seq., for injunctive and other relief.
D. The unlawful sale, storage, manufacture, selling or giving away of a controlled substance, precursor or analog on private property is hereby declared to be a nuisance. Whether or not the police chief, or her/his designee, orders a private property owner to take corrective action, any person aggrieved by such nuisance may bring an independent civil action against the owner of the property or any other person creating such nuisance for all appropriate relief including damages, costs and attorneys’ fees, which she/he may have incurred as a result of such activity. A person aggrieved prevailing in such action shall be entitled to the minimum sum of $500.00 on account of damages, costs and attorneys’ fees, plus such additional sum as the court shall deem appropriate.
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 such a person aggrieved cannot quietly use and enjoy their premises is a separate and distinct nuisance. [Ord. 94-5 § 1, 1994].