HomeMy WebLinkAbout09-01 - Narcotics and Gang Related Crime EvictionsORDINANCE NO. 09-1
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, AMENDING TITLE 11
(OFFENSES -MISCELLANEOUS) OF THE COSTA MESA
MUNICIPAL CODE REGARDING NARCOTICS AND
GANG RELATED CRIME EVICTIONS.
WHEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES
HEREBY ORDAIN AS FOLLOWS:
WHEREAS, the City Council finds that the intent of Section 11-195 of Title 11
(Offenses - Miscellaneous) is to compel landlords to take abatement action against
tenants who are convicted of gang or drug related activity upon thirty (30) days' notice
to evict the offending tenants;
WHEREAS, the City Council finds that Section 11-194(a) currently reads that the
chief of police must make a determination that the landlord is in violation of 11-195 prior
' to giving the landlord notice and thirty (30) days to evict the tenants, and that this
language is inconsistent with Section 11-195(a), which states that a landlord is not in
violation of Section 11-195 unless and until he/she fails to take abatement action within
thirty (30) days of the notice by the chief of police;
WHEREAS, the City Council finds that the intent of the ordinance is reflected by
Section 11-195(a), which provides a landlord with notice and an opportunity to correct
before being found in violation of the ordinance, and that amending Section 11-194(a)
will clarify Section 11-195's intent and make Sections 11-194 and 11-195 consistent.
THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES
HEREBY ORDAIN AS FOLLOWS:
' Section 1. Subdivision (a) of Section 11-194 of Chapter XII of Title 11
(Offenses -Miscellaneous) is hereby amended to read as follows:
(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 landlord of the '
rental unit will be in violation of section 11-195 of this chapter, unless the landlord takes
abatement action within thirty (30) days of the date of the notice, pursuant to the
provisions of section 11-195.
Section 2. Inconsistencies. 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such inconsistencies and no further, is hereby repealed or modified to that extent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 effect the provisions of this Ordinance.
Section 3. Severability. If any chapter, article, section, subsection, subdivision,
sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any
person, 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 portion of this Ordinance or its application to other persons. The City Council
hereby declares that it would have adopted this Ordinance and each chapter, article,
section, subsection, subdivision, sentence, clause, phrase or portion thereof,
irrespective of the fact that any one or more subsections, subdivisions, sentences,
clauses, phrases, or portions of the application thereof to any person, be declared
invalid or unconstitutional. No portion of this Ordinance shall supersede any local,
State, or Federal law, regulation, or codes dealing with life safety factors.
Section 4. This Ordinance shall take effect and be in full force thirty (30) days
from and after the passage thereof, and prior to the expiration of fifteen (15) days from ,
its passage shall be published once in the DAILY PILOT, a newspaper of general
circulation, printed and published in the City of Costa Mesa or, in the alternative, the
City Clerk may cause to be published a summary of this Ordinance and a certified copy
of the text of this Ordinance shall be posted in the office of the City Clerk five (5) days
prior to the date of adoption of this Ordinance, and within fifteen (15) days after
adoption, the City Clerk shall cause to be published the aforementioned summary and
shall post in the office of the City Clerk a certified copy of this Ordinance together with
the names and member of the City Council voting for and against the same.
PASSED AND ADOPTED this 206 day of January, 2009.
ATTEST:
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Jul' Folcik, City Clerk
Allan R. Mansoor, Mayor
APPROVED AS TO FORM:
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Kimberly HKII Barlow, City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss '
CITY OF COSTA MESA )
I, JULIE FOLCIK, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY
that the above and foregoing Ordinance No. 09-1 was duly introduced for first reading at
a regular meeting of the City Council held on the 6"' day of January, 2009, and that
thereafter, said Ordinance was duly passed and adopted at a regular meeting of the
City Council held on the 20"' day of January, 2009, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: MANSOOR, LEECE, BEVER, FOLEY, MONAHAN
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 21" day of January, 2009.
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JUIJE FOLCIK,'CITYCLERK
(SEAL)
I hereby certify that the above and foregoing is the original of Ordinance No. 09-1 duly
passed and adopted by the Costa Mesa City Council at the regular meeting held
January 20, 2009, and that Summaries of the Ordinance were published in the Newport
Beach -Costa Mesa Daily Pilot on January 14 and 28, 2009.
JULI�CITY CLERK