For the purposes of this chapter, the following words and phrases shall be construed to have the meanings herein set forth.
A. 
"Controlled substance" means any drug, substance or immediate precursor, as defined, identified or listed in the California Uniform Controlled Substances Act, Health and Safety Code, Sections 11006.5, 11018, 11019, 11020, 11021, 11054, 11055, 11056 and 11057.
B. 
"Drug-related nuisance" means any activity related to the possession, sale, use or manufacture of a controlled substance that creates an unreasonable interference with the comfortable enjoyment of the property and/or the health, safety and general welfare of any resident on the premises of any rented property or the residents of any public or private property immediately adjacent thereto. A drug-related nuisance shall include, but is not limited to, any activity that is commonly associated with illegal drug dealing, such as noise, steady traffic day and night to a particular unit, barricaded units, the display or observance of weapons, drug loitering as defined in Health and Safety Code, Section 11532, or other drug-related occurrences which, taken as a whole, tend to substantially affect or interfere with the beneficial use and enjoyment of any rented property and/or the health, safety and general welfare of any resident on the premises of any rented property or the residents of any public or private property immediately adjacent thereto.
"Illegal drug activity"
means a violation of any of the provisions of Chapter 6 (commencing with Section 11350) or Chapter 6.5 (commencing with Section 11400) of the Health and Safety Code, or any successor provisions thereto.
"Gang-related crime"
means any crime in which the perpetrator is a known member of a gang, or any crime motivated by gang membership in which the victim or the intended victim of the crime is a known member of a gang.
"Landlord"
means any owner of record, lessor or sublessor (including any person, firm, corporation, partnership or other entity), or the agent, representative or successor thereof, who receives or is entitled to receive rent for the use of any rental property.
"Premises"
means any rental property and the land on which it and any other buildings of a complex are located, including, but not limited to, common areas, walkways, garage facilities, streets, alleyways, stairwells and elevators, and as the context permits or requires, any public or private property which is immediately adjacent thereto.
"Rental unit"
means any dwelling as defined in Section 18.04.200 of the La Habra Municipal Code, including, but not limited to, any single and multifamily residence, duplex, court, condominium and/or townhouse in the city of La Habra. The term "rental property" 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 Section 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.
"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 the rental unit.
(Ord. 1565 § 1, 1999)
A landlord shall not cause or knowingly permit:
A. 
Any premises under his or her control to be used or maintained for any illegal drug activity or gang-related crime, or in such a manner as to constitute a drug-related nuisance; or
B. 
Any tenant to use or occupy any premises under the landlord's control, if the tenant commits, permits, maintains, solicits, or is involved in any illegal drug activity, gang-related crime, or drug-related nuisance on such premises;
C. 
Any rental property, which has been vacated according to the provisions of this chapter, to be rented, leased or otherwise occupied by the offending tenant(s) prior to the expiration of a twelve month period following such tenant(s) vacating the rental property.
(Ord. 1565 § 1, 1999)
The city manager of the city, 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.
(Ord. 1565 § 1, 1999)
Notwithstanding any provision of the La Habra Municipal Code, and in compliance with a landlord's duty under Section 9.10.020(B), a landlord may bring an action against any tenant to recover possession of any rental property upon any of the following grounds:
A. 
The tenant is committing, or permitting to exist, any illegal drug activity, gang-related crime, or drug-related nuisance on the premises; or
B. 
The tenant has been convicted of a crime wherein the underlying offense involves any illegal drug activity, gang-related crime, or drug-related nuisance that occurred on the premises.
(Ord. 1565 § 1, 1999)
A. 
Provided the owner of record or agent thereof and any known manager, of any real property located within the city have been served with a written notice of violation by certified mail, return receipt requested, advising that the chief of police of the city of La Habra has determined that the landlord of the real property is in violation of Section 9.10.020 of this chapter, and has failed to comply with the provisions thereof within fifteen calendar days of the date of service of the notice, or has failed to file an appeal within such period as provided herein, the city may file an action for injunctive relief, or may utilize any other remedy at law or in equity to compel compliance with the provisions of this chapter, including, but not limited to, all remedies available to abate a nuisance.
B. 
For purposes of this section, the written notice of violation shall also identify the address of the real property, the unit number, where applicable, the offending tenant(s), the specific violation(s), the date(s) and time(s) of any observed criminal activity and any resulting arrest(s). The notice shall also state that within fifteen calendar days of the date of the notice, a written appeal of the determination of violation may be filed with the city manager who shall cause the matter to be set for hearing.
C. 
The required written notice of violation shall further state that, as to all tenant(s) in the subject rental unit, the landlord is required to serve and diligently prosecute either a three day notice to quit or a thirty day notice to vacate. The term "diligently prosecute" means such prosecution by the landlord as is necessary to cause the subject rental unit to be completely vacated by all tenants.
(Ord. 1565 § 1, 1999)
A. 
Within fifteen calendar days of service, any person served with a written notice of violation in accordance with this chapter may file a written appeal of the determination of violation with the city manager who shall cause the matter to be set for hearing. Written notice of the date and time of such hearing shall be served by first class mail, addressed to the appellant's last known business address. Following the conclusion of the hearing, the city manager may affirm, reverse or reverse subject to conditions, the police chief's determination of violation. The city manager's decision shall be based upon written findings and shall be final.
B. 
In the event an appeal is not timely filed, or an appeal is denied, the city may immediately proceed to enforce the provisions of this chapter against the owner of record, by way of an action for injunctive relief or any other remedy at law or in equity to compel compliance with the provisions of this chapter, including, but not limited to, all remedies available to abate a nuisance.
(Ord. 1565 § 1, 1999)
Any judgment for money, including permitted fees and costs, awarded to the city through an enforcement action pursuant to this chapter, may be recorded as a lien against the subject property in an amount not to exceed five thousand dollars; and, if multiple defendants exist, they shall be jointly and severally liable for any judgment so ordered.
(Ord. 1565 § 1, 1999)
A. 
It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter.
B. 
Any person violating any provision of this chapter or failing to comply with any of its requirements shall be subject to the imposition of the following penalties:
1. 
For three or less violations occurring within any twelve consecutive month period, a violation of this chapter shall be deemed to be an infraction punishable by a fine not exceeding one hundred dollars for a first violation, two hundred dollars for a second violation of the same provision within any twelve consecutive month period, and a fine not exceeding five hundred dollars for a third violation of the same provision occurring within any twelve consecutive month period.
2. 
For four or more violations of this chapter occurring within any twelve consecutive month period, each violation shall be deemed to be a misdemeanor and upon conviction thereof shall be punishable by a fine not exceeding one thousand dollars, or by imprisonment not exceeding six months, or by both such fine and imprisonment.
(Ord. 1565 § 1, 1999)
A. 
The violation of any of the provisions of this chapter shall constitute a nuisance and may be abated by the city 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, and/or require the payment of the city's attorneys' fees, costs of investigation and discovery, and/or court costs.
(Ord. 1565 § 1, 1999)