This Article is enacted pursuant to the authority of Sections
38771 through 38773.5 of the Government Code and pursuant to the police
powers of the City. The purpose of this Article is to identify activity
which constitutes a public nuisance, to provide for the summary abatement
of such nuisance at the expense of persons creating, causing, committing
or maintaining it, and to promote the public peace, health, safety
and welfare by minimizing the frequency of return calls to loud and
disturbing parties.
(Added by Ord. 93-03, 1/26/93)
For the purposes of this Article, "party" means a social gathering
for the purpose of pleasure or entertainment, which occurs between
the hours of 10:00 p.m. and 7:00 a.m.
(Added by Ord. 93-03, 1/26/93)
It is hereby declared that loud or unruly parties which create
a threat to the public peace, health, safety or welfare constitute
a public nuisance. No person, firm, corporation, association or other
legal entity owning, leasing or occupying real property in the City
shall create, cause, commit, maintain or permit such a public nuisance
to occur on said property.
(Added by Ord. 93-03, 1/26/93)
When the Police Department is called to the scene of a loud
or unruly party and a police officer at the scene determines that
there is a threat to the public peace, health, safety or general welfare
due to the party, the police officer shall notify the owner of the
premises, the tenants of the premises, the person in lawful custody
of the premises, or the person responsible for committing, creating,
causing, maintaining or permitting said party, that the party constitutes
a public nuisance and that such persons, (or, if that person is a
minor, the parents or guardians of that minor person) shall be held
jointly and severally liable for the costs incurred for providing
police personnel for a second or subsequent response to the same premises
due to a continuation of the same conduct.
Said notice shall be given to the occupant of the property and
to the owner if present both verbally and in written form. The written
notice shall be in substantially the following form:
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"NOTICE FIRST RESPONSE — DISTURBANCE IN RESIDENTIAL AREA
DURING SLEEPING HOURS
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This NOTICE OF VIOLATION given to (Name) ________ (DOB) ________ at (Location) ________ (Phone Number) ________ on (Date) ________ at (Time) ________ is the result of a disturbance in a residential area between the hours of 10:00 p.m. and 7:00 a.m. in violation of Article 5 of Chapter 6.14 of the Dana Point Municipal Code.
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If it is necessary for the Dana Point Police Department to respond
a second or subsequent time to stop a disturbance at this location
prior to 7:00 a.m. on (Date) ________ (either the next first response),
the owner of the property and the occupant of the property shall be
charged for all personnel and equipment costs incurred in such second
and subsequent responses, up to $1,000, and all violators of statutes
or ordinances will be subject to arrest and/or citation.
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____________________________
(Signature of party to whom notice given)
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____________________________
(Signature of Deputy)"
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(Added by Ord. 93-03, 1/26/93)
If, after giving the first notice, the Police Department receives
any additional complaints about a disturbance at the same location
either the same night or prior to 7:00 a.m. the following morning,
then the Police Department shall respond again to the location of
the disturbance. If the Police Department determines that the disturbance
continues to constitute a public nuisance as described in this Article
and an immediate threat to public health or safety, the Police Department
shall take appropriate actions to immediately abate the nuisance,
including arrest and/or citation of persons violating the law.
(Added by Ord. 93-03, 1/26/93)
Nothing herein shall affect the authority of the Dana Point
Police Department to make lawful arrests at any time, including on
the first response to a disturbance constituting a nuisance as defined
in this Article.
(Added by Ord. 93-03, 1/26/93)
The costs incurred by the Police Department for a second or
subsequent response to a party which is determined to be a threat
to the public peace, health, safety or general welfare, and which
conduct is continuing at the time of the second or subsequent response,
shall be charged to and borne by the owner of the premises, the tenants
of the premises, the person in lawful custody of the premises, or
the person or persons who created, committed, caused, maintained or
permitted said party (or, in the event that person is a minor, that
person's parents or guardians).
(Added by Ord. 93-03, 1/26/93)
The first response and warning shall be deemed to be normal
police service. Personnel utilized on a second or subsequent response
shall be deemed to be on special security assignment. The costs incurred
from such special assignment are declared to be beyond normal services
provided by the Department of Public Safety.
(Added by Ord. 93-03, 1/26/93)
The costs of such special assignment include all personnel and
equipment costs, any damage to City property and any injuries to City
personnel. The Police Department will determine the reasonable cost
of such special assignment, which shall not exceed $1,000 for a single
incident. The remedy provided by this Article shall be in addition
to any other remedy provided by law.
(Added by Ord. 93-03, 1/26/93)
The costs of such a special assignment shall be a personal obligation
of the persons who created, caused, committed or maintained the nuisance.
In addition, the costs of such special assignment may be assessed
as a lien against the property on which the nuisance was maintained
and shall be a personal obligation against the property owner as herein
set forth.
(Added by Ord. 93-03, 1/26/93)
When the City has incurred response costs as set forth in this
Article, the actual cost thereof, plus accrued interest at the rate
of 10% per annum from the date of billing, shall be charged to the
person or persons responsible. The person or persons responsible under
this Article shall be billed by mail through the City reimbursement
process and the bill shall apprise the owner that failure to pay the
bill may result in a lien against the property.
(Added by Ord. 93-03, 1/26/93)
When the full amount due to the City for second or subsequent
response costs as set forth in this Article is not paid by the person
or persons responsible therefor within 30 days of the date of the
billing for such costs, the Chief of Police shall file with the City
Clerk a sworn or certified statement showing the response costs incurred,
the date costs were incurred and the location of the property to which
the response was made. This statement shall be used to prepare notice
of recordation of a lien against the property. Thereafter, notice
shall be prepared and served upon the property owner in accordance
with Government Code Section 38773.1(b), and the lien shall be recorded
in the county recorder's office in accordance with Section 38773.1(c).
The remedy provided in this Section shall not constitute an election
of remedies by the City.
(Added by Ord. 93-03, 1/26/93)
(a)
Any
person who has been notified by the City by first class mail that
he or she will be held liable for second or subsequent response costs
in accordance with this Article may appeal to the City Council for
a hearing. The appeal shall be in writing, shall be signed by the
appellant, and shall set forth the facts and reasons upon which the
appeal is based. The appeal shall be filed with the City Clerk within
10 days following the date of official written notice to the appellant
that he or she will be held liable for such costs.
(b)
Upon
receipt of an appeal, the City Clerk shall cause the matter to be
placed on the next available Council agenda for a hearing.
(c)
The
appellant shall be notified in writing at least five days in advance
of the hearing.
(d)
The
Council shall hear the appeal and determine whether to allow the relief
being sought or to deny the appeal.
(e)
If the appeal is denied, the appellant shall have 10 days to pay the applicable response costs, or the City may commence proceedings to collect such sums as are due as provided by law and to place a lien upon the affected property, if the property owner was notified by the City pursuant to Subsection (a) above.
(Added by Ord. 93-03, 1/26/93)
