This chapter is enacted pursuant to the authority of Government
Code Sections 38771 through 38773.5 and pursuant to the police powers
of the city of South San Francisco. The purpose of this chapter is
to identify activity which constitutes a public nuisance, to provide
for the summary abatement of such a 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 occurrences necessitating calls for service to loud or unruly gatherings
which disturb the public peace and threaten the general welfare.
(Ord. 1078 § 1, 1990)
For the purposes of this chapter, a “loud or unruly gathering”
means a social gathering of three or more people, such as a party,
where persons are engaged in activities which a police officer at
the scene determines is a threat to the peace, health, safety or general
welfare of the public, in accord with Penal Code Section 415, or which
constitute an obstruction to the free use of property so as to interfere
with the comfortable enjoyment of life or property of any other person,
as proscribed by Penal Code Section 370.
(Ord. 1078 § 1, 1990)
It is declared that loud or unruly gatherings 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, renting or occupying real property in
the city shall create, cause, commit, maintain or permit such a public
nuisance to occur on such property.
(Ord. 1078 § 1, 1990)
When a police officer at the scene determines that there is
a loud or unruly gathering, 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, or maintaining the gathering, that the gathering
constitutes a public nuisance and that such person shall be held jointly
and severally liable for the costs incurred for providing police personnel
for a subsequent response to the same premises due to a continuation
of the same conduct. In addition, the police officer shall notify
the responsible person that the gathering shall be dispersed upon
the second response. If, after a good faith effort, no such responsible
person can be determined, the warning may be given to any person in
attendance.
(Ord. 1078 § 1, 1990)
The costs incurred by the police department for a subsequent
response to a loud or unruly gathering shall be a personal obligation
of the persons who created, caused, committed, maintained or engaged
in the activity requiring a response. If any person responsible for,
or engaged in, such activities is a minor, the minor’s parents
or guardians also shall be liable for costs.
(Ord. 1078 § 1, 1990)
The first response and warning shall be deemed to be normal
police service. Personnel utilized on a subsequent response shall
be deemed to be on special assignment. The costs incurred from such
special assignment are declared to be beyond normal services provided
by the police department.
(Ord. 1078 § 1, 1990)
The costs of such special assignment include all personnel and
equipment costs, and administrative overhead costs. The police department
will determine the reasonable cost of such special assignment, which
shall not exceed one thousand dollars for a single response. Any damage
to city property and any injuries to city personnel may be recovered
separately. The remedy provided by this chapter shall be in addition
to any other remedy provided by law, and shall not be construed to
limit or replace any other remedies, civil or criminal, which may
be available.
(Ord. 1078 § 1, 1990)
The costs of such a special assignment shall be a personal obligation of the persons deemed liable under Section 10.20.050 for such costs. In addition, the costs of such special assignment may be made a special assessment against the property on which the nuisance was maintained and shall be a personal obligation against the property owner as herein set forth.
(Ord. 1078 § 1, 1990)
When the city has incurred response costs as set forth in this
chapter, the actual cost thereof, plus accrued interest at the rate
of ten percent per annum from the date of billing, shall be charged
to the person or persons responsible. The person or persons responsible
under this chapter shall be billed by mail and the bill shall apprise
them that failure to pay the bill may result in a special assessment
on the involved property.
(Ord. 1078 § 1, 1990)
(a)
Any person who has been notified by the city that he or she is liable
for response costs in accordance with this chapter may appeal to the
city manager 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 within ten
days following the date of official written notice to the appellant
that he or she will be held liable for such costs.
(b)
The city manager, or the manager’s designee, will schedule
a hearing. The appellant shall be notified in writing at least five
days in advance of the hearing.
(c)
The city manager, or the manager’s designee, shall hear the
appeal and determine whether to allow the relief being sought or to
deny the appeal. The manager has the authority to reduce or compromise
the debt as in the manager’s judgment appears to be in the best
interests of the city.
(d)
If the city manager denies the appeal, that decision may be appealed
to the city council by filing a written notice of appeal, signed by
the appellant, with the city clerk within ten days following the date
of the manager’s written decision. The appeal shall be scheduled
for a hearing before the council and the appellant shall be notified
in writing at least five days in advance of the hearing.
(e)
Upon denial of an appeal, the appellant shall have thirty 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, where applicable,
to place a special assessment upon the involved property.
(Ord. 1078 § 1, 1990)
When the full amount due to the city for subsequent response
costs as set forth in this chapter is not paid by the person or persons
responsible within thirty days of the date of the billing for such
costs, the finance director may file with the office of the tax collector
of the county of San Mateo a declaration that payment was not received
along with a request that the amount be imposed as a special assessment
on the property pursuant to Government Code Section 38773.5. The remedy
provided in this section shall not constitute an election of remedies
by the city.
(Ord. 1078 § 1, 1990)
