HomeMy WebLinkAbout02-06 Landlords and Illegal Drug or Gang ActivitiesORDINANCE NO. 02 -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA ADDING CHAPTER 12 TO TITLE 11 OF THE
COSTA MESA MUNICIPAL CODE AND ESTABLISHING
REGULATIONS APPLICABLE TO LANDLORDS RENTING
PROPERTY UPON WHICH SPECIFIED ILLEGAL DRUG
OR GANG ACTIVITIES ARE OCCURRING
WHEREAS, the City Council of the City of Costa Mesa declares it in the public interest
to discourage landlords from retaining tenants who commit, permit, maintain, solicit, or
are involved in illegal drug activity or gang related crime because such criminal
behavior harms other tenants' use and quiet enjoyment of their residences and
deteriorates the surrounding neighborhood; and
WHEREAS, the City Council of the City of Costa Mesa determines that the adoption of
this ordinance is necessary to protect the public health, safety and general welfare of
the residents of the City of Costa Mesa.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Chapter 12 is added to Title 11 of the Costa Mesa Municipal Code
to read as follows:
Chapter 12
NARCOTICS AND GANG RELATED CRIME EVICTION PROGRAM
Sec.
11-191.
Definitions.
Sec.
11-192.
Administrative Procedures.
Sec.
11-193.
Implied Lease Term.
Sec.
11-194.
Notice of Violation.
Sec.
11-195.
Landlord's Duty to Abate
Sec.
11-196.
Right to Appeal Notice of Violation.
Sec.
11-197.
Lien authorized.
Sec.
11-198.
Prohibition and Penalties.
Sec.
11-199.
Civil Remedies and Penalties.
Sec.
11-200.
Exceptions.
Sec. 11-191. Definitions.
For the purposes of this Chapter, the following words and phrases shall be construed
to have the meanings herein set forth. .
A. "Criminal street gang" means any ongoing organization, association or group of
three or more persons, whether formal or informal, having as one of its primary
activities the commission of one or more of the criminal acts enumerated in Penal Code
section 186.22 (e), having a common name or common identifying sign or symbol, and
whose members individually or collectively engage in or have engaged in a pattern of
criminal gang activity as defined in said section.
B. "Diligently prosecute" means that prosecution by the landlord necessary to -
cause the subject rental unit to be completely vacated by the offending tenant(s)
without unreasonable delays.
C. "Extended occupancy motel room" shall mean any motel room that is rented to
a person or persons whose occupancy exceeds 28 consecutive days or 28 days in any
60 consecutive day period as set forth in section 13-173(a) of this Code.
D. "Gang member" means any person who actively participates in any criminal
street gang..
E. "Gang related crime" means any crime committed by a gang member as defined
herein.
F. "Illegal drug activity" means a violation of any of the provisions of Chapter 6
(commencing with section 1 1350) or Chapter 6.5 (commencing with section 1 1400)
of the California Health and Safety Code, or any successor provisions thereto.
G. "Knowingly permit" means having notice or knowledge of any illegal drug
activity or gang related crime occurring on the premises and failing to take action to
abate said activities.
H. "Landlord" means an owner of residential property who leases or subleases a
rental unit to a tenant(s) on property within the City of Costa Mesa. "Owner" includes
a person, corporation, partnership, or other legal entity and any agent or independent
contractor responsible for leasing for the owner.
I. "Offending tenant" means any tenant who commits, permits, maintains, solicits
or is involved in any illegal drug activity or gang related crime on the premises.
J. "Premises" means the interior of a rental unit and any accessory buildings and
the land on which they are located, and the interior of any other residences if leased by
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the same landlord and located at the same rental unit complex, including, but not
limited to, common areas, walkways, garage facilities, private streets and alleys, halls,
stairwells and elevators, and the portion of any public street which is immediately
adjacent thereto.
K. "Rental unit" means any dwelling as defined in section 13-6 of this Code,
including, but not limited to, any single and multi -family residence, duplex, court,
condominium and/or townhouse in the City of Costa Mesa. The term "rental unit"
shall also include any mobile home or trailer for which rent is paid, or for which rent is
paid for the land upon which the mobile home or trailer is located, or both. This term
shall also mean any recreational vehicle, as defined in California Civil Code § 799.24, if
located in a mobile home, trailer or recreational vehicle park, and for which rent is paid,
or for which rent is paid for the land upon which it is located, or both. "Rental unit"
shall also include any extended occupancy motel room.
L. "Tenant" means any tenant, subtenant, lessee, sublessee or any person entitled
to the use or occupancy of a rental unit, or any other person residing in a rental unit,
except "tenant" does not include any person under 18 years of age unless she or he is
a legally emancipated minor.
Sec. 11-192. Administrative Procedures.
The City Manager of the City of Costa Mesa, or his or her designated representative,
may promulgate such administrative procedures as may be reasonably necessary to
implement and enforce the provisions of this Chapter.
Sec. 11-193. Implied Lease Term.
All leases of real property in the City of Costa Mesa used for residential purposes shall
be deemed to include the following implied term constituting grounds for termination
of the lease: The tenant permits any illegal drug activity or gang related crime to occur
on the premises.
Sec. 11-194. Notice of Violation.
A. To enforce the provisions of this Chapter, the Chief of Police may cause to be
delivered to any landlord a written Notice of Violation advising that the Chief of Police
of the City of Costa Mesa has determined that the landlord of the rental unit is in
violation of section 11-195 of this Chapter. The notice shall be delivered by mailing it
on the date of the notice via U.S. Postal Service, return receipt requested, to the
landlord at his or her address as shown on the most recent County Assessor's Real
Property Tax Rolls, or to any other address for the landlord known to the City, or to
the landlord's manager of the rental unit.
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B. The Notice of Violation shall:
(a) Identify the address of the rental unit, the unit number, where applicable,
the offending tenant(s), the specific violation(s) and the date(s) and time(s) of
occurrence, and the resulting arrest(s) and conviction(s).
(b) Notify the landlord that within 30 calendar days of the date of mailing of
the notice, shelhe must either (i) serve the offending tenant and diligently prosecute
either a 3 day notice to quit or a 30 day notice to vacate, or (ii) file a written appeal of
the determination of violation with the Costa Mesa City Manager.
C. The Chief of Police before sending a Notice of Violation shall send a letter to the
landlord containing a notice that a specified tenant has been arrested for illegal drug
activity or a gang related crime committed on the premises.
11-195. Landlord's Duty to Abate.
A. A landlord shall not knowingly permit a tenant to use or occupy any leased,
residential premises if the tenant commits, permits, maintains, solicits or is involved in
any illegal drug activity or gang related crime on said premises that results in an arrest
and conviction. This section is not violated unless and until a landlord fails to take
abatement action pursuant to this section within the 30 day period allowed.
B. A landlord who receives a Notice of Violation shall within 30 calendar days of
the date of mailing of the notice either:
(a) Serve a 3 day notice to quit or a 30 day notice to vacate on the offending
tenant(s) and diligently prosecute the same, or
(b) File an appeal with the City Manager.
C. A landlord who has appealed a Notice of Violation and the notice has been
affirmed shall within 30 calendar days of the date of mailing of the ruling serve a 3 day
notice to quit or a 30 day notice to vacate on the offending tenant(s) and diligently
prosecute the same.
D. Notwithstanding the provisions of subdivision B above, the landlord of an
extended occupancy motel room, as defined herein, who is not legally required to
utilize the eviction or unlawful detainer procedures to evict a tenant, shall cause the
removal of the offending tenant or file an appeal with the City Manager within 30
calendar days of the date of mailing of the Notice of Violation .
E. A landlord shall not lease any rental unit that has been vacated according to the
provisions of this Chapter, or any other rental unit in the same rental unit complex, to
an offending tenant(s) prior to the expiration of 12 months following said tenant(s)
vacating the rental unit.
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Sec. 11-196. Right to Appeal Notice of Violation.
A. Any person receiving a Notice of Violation in accordance with this Chapter may
file a written appeal of the Notice of Violation with the City Manager of the City of
Costa Mesa who shall cause the matter. to be set for hearing. Written notice of the
date and time of said hearing shall be served by first class mail, addressed to the
appellant's last -known business address. The appeal to be effective must be filed with'
and received by the City Manager within 30 calendar days of the date of mailing of the
notice.
B. The City Manager, or his or her designated representative, shall serve as the
Hearing Officer and shall conduct said hearing within 30 calendar days of receipt of
the appeal. The Hearing Officer may be advised and assisted during the hearing by one
member of the Apartment Association of Orange County and one member of the South
Coast Apartment Association, each appointed by their respective association's Board
of Directors. At least one of these members shall own a rental unit in Costa Mesa and
the other may be either a practicing real estate agent or a property manager. Both
members must either live or own property in Costa Mesa. The absence from the
hearing of one or both members shall not delay nor affect the validity of the Hearing
Officer's decision. Following the conclusion of the hearing, the Hearing Officer shall
affirm, reverse, or reverse subject to conditions, the Police Chief's Notice of Violation.
The Hearing Officer's decision shall be based upon written findings, to be rendered
within 14 calendar days of the conclusion of the hearing, and shall be final,
notwithstanding section 2-303 of this Code.
Sec. 11-197. Lien Authorized.
Any judgment for money, including permitted fees and costs, awarded to the City of
Costa Mesa through an enforcement action pursuant to this Chapter, may be recorded
as a lien against the subject property in an amount not to exceed $5,000; and, if
judgment is entered against multiple defendants, they shall be jointly and severally
liable for any judgment so ordered.
Sec. 11-198. Prohibition and Penalties.
A. It shall be unlawful for any person to violate any of the provisions or to fail to
comply with any of the mandatory requirements of this Chapter.
B. Actions to enforce the provisions of this Chapter shall be governed by section
1-33 of this Code, provided, however, that the first criminal charge filed against a
person for any violation of this Chapter shall be an infraction.
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Sec. 11-199. Civil Remedies and Penalties.
A. The violation of any of the provisions of this Chapter shall constitute a nuisance
and may be abated by the City of Costa Mesa through civil remedies, including, but
not limited to, a restraining order, preliminary or permanent injunction, or any other
remedy at law or in equity for the abatement of such nuisance.
B. A court rendering a judgment pursuant to this Chapter may, in addition to any
other remedies at law or in equity, impose a civil penalty in the maximum amount
permitted by law, payable to the City of Costa Mesa, and require the payment of the
City's attorney's fees, costs of investigation and discovery, and court costs.
Sec. 11-200. Exceptions.
Nothing in this Chapter shall prevent a tenant from receiving relief against a forfeiture
of a lease pursuant to California Code of Civil Procedure, section 1179.
Section 2. Any provision of the Costa Mesa Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary
to affect the provisions of this Ordinance.
Section 3. If any section, subsection, sentence, clause, phrase or portion of
this ordinance is for any reason held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council of the City of Costa Mesa
hereby declares that it would have adopted this Ordinance and each section,
subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that
any one or more sections, subsections, sentences, clauses, phrases or portions be
declared invalid or unconstitutional.
Section 4. The Mayor shall sign and the City Clerk shall certify to the passage
and adoption of this Ordinance and shall cause the same to be published and posted
pursuant to the provisions of law in that regard and this Ordinance shall take effect 30
days after its final passage.
G�
PASSED AND ADOPTED this 18th of March, 200.
i 41AJ
Mayor of the City of Costa Mesa
ATTEST:
T•
Deputy City Clerk I
the City of Costa Mesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
APPROVED AS TO FQ M
CITY A OCT RNEY
I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City Council
of the City of Costa Mesa, hereby certify that the above and foregoing
Ordinance No. 02-6 was introduced and considered section by section at a regular
meeting of the City Council held on the 4th day of March, 2002, and thereafter
passed and adopted as a whole at a regular meeting of the City Council held on the
18th day of March, 2002, by the following roll call vote:
AYES: �� uo,J, G1 4 cejAA) � %?o /3,;A,�,5a .+�, 5F=L
NOES: Aj0 N i�:-
ABSENT: M 0/t)7f 1-1A N
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of
the City of Costa Mesa this 19th day of March, 2002.
Deputy City Jerk and ex -officio Clerk of
the City Cou6til of the City of Costa Mesa