For the purposes of this chapter, the following definitions
shall apply:
means a drug, substance, or immediate precursor, as listed
in the Uniform Controlled Substance Act, Health and Safety Code Section
11054, et seq., as that Act now exists or as it may hereafter be amended.
means the holding, maintenance, or use of a rental unit for
the purpose of unlawfully selling, serving, storing, keeping, manufacturing,
or giving away any controlled substance.
means any use of a controlled substance in a rental unit.
means any possession for sale, any sale, storage, possession,
or manufacturing of a controlled substance from or in a rental unit.
means an owner, lessor, or sublessor (including any person,
firm, corporation, partnership, or other entity) who receives or is
entitled to receive rent for the use of any rental unit, or the agent,
representative or successor of any of the foregoing.
means any dwelling, apartment, dwelling unit, or room, including
but not limited to, any single-family residence, duplex, apartment
complex, residential hotel and condominium for which rent is paid.
This term shall also include mobile and manufactured homes whether
rent is paid for the home and the land upon which the home is located,
or the rent is paid for the land alone.
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. 2715 § 2, 1993)
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. 2715 § 2, 1993)
If the police chief determines that a rental unit is being used or maintained in violation of Section 16.07.020, he may order the landlord to comply with said section. The 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 or maintained for any drug-related use, illegal drug dealing activity or drug-related nuisance.
Nothing in this chapter 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 confidential records. Nothing in this chapter shall
authorize a search of any rental unit or seizure of any property by
a landlord under color of authority of the city or any employee or
official thereof.
(Ord. 2715 § 2, 1993)
A landlord shall in good faith comply with the notice prescribed by Section 16.07.030. If the landlord fails to comply with the notice, then the police chief may take any lawful action to enforce Section 16.07.020.
Good faith compliance may be shown by the landlord's obtaining
the voluntary surrender of the premises by the tenant; or the landlord's
commencement and prosecution of unlawful detainer proceedings; or
the landlord's demonstration in writing to the satisfaction
of the city attorney that commencement of unlawful detainer proceedings
is not supported by the evidence received by the city and by the landlord,
taken as a whole.
(Ord. 2715 § 2, 1993)
In addition to any other remedy provided by this chapter or in law, a violation of Section 16.07.020 shall constitute a public nuisance which may be abated by civil action.
(Ord. 2715 § 2, 1993)
Nothing contained in this chapter shall be construed or interpreted
in such a way as to create a principalagent relationship between the
city and the landlord.
(Ord. 2715 § 2, 1993)
If any section, sentence, 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. 2715 § 2, 1993)
