This chapter shall be known as the "Community Safety Ordinance."
(Prior code § 5-1200; Ord. 002-07 C.S. § 1)
A.
The
City Council finds that:
1.
Behaviors
and activities of a person(s) on real property within the City may
constitute a public nuisance and thereby a significant risk to public
safety when such behaviors and activities are associated with the
ongoing occurrence of criminal activity.
2.
Each
owner of real property within the City is responsible for monitoring
his or her property and for taking appropriate and reasonable action
to prevent or address behaviors or activities occurring on his or
her property that contribute to crime or create public nuisances.
When a property owner, after receiving notice hereunder, fails to
take appropriate and reasonable action to prevent and/or address such
behaviors and activities it is necessary for the health, safety, and
welfare of the neighborhoods and the City as a whole, that the City
is able to undertake administrative or judicial action.
3.
Because
behaviors and activities that are associated with the ongoing occurrence
of criminal activity or crime have a substantial negative impact upon
individuals, neighborhoods, and the City as a whole, the City Council,
in adopting the ordinance codified in this chapter, finds the administrative
penalties imposed for a violation of this chapter are justified and
necessary to protect the property, health, safety, and welfare of
this community.
4.
Community
safety must be protected in a way that does not result in housing
discrimination or evictions based upon prejudice, unsubstantiated
fear, or personal animosities. Nothing in this chapter exempts property
owners from strict compliance with State and Federal housing laws,
including, but not limited to, laws regarding evictions, retaliatory
or discriminatory conduct, or invasion of privacy.
5.
Chronic
nuisance properties have a tremendous negative impact upon the quality
of life, safety, and health of neighborhoods where they are located.
The said ordinance is enacted to remedy nuisance properties by providing
a process for abatement; and this remedy is not an exclusive remedy
available under any State or local laws and may be used in conjunction
with such other laws.
6.
Also,
chronic nuisance properties are a financial burden to the City by
the repeated calls for service to the properties, because of the nuisance
activities that repeatedly occur or exist on such property, and this
chapter is a means to ameliorate those conditions and hold responsible
the owner or persons in charge of such property.
B.
Based
on these findings, the purpose of this chapter is:
1.
To
provide administrative and civil remedies against property owners
who permit, allow, or fail to prevent ongoing behaviors and activities
to occur on their properties that compromise public safety.
2.
It
is not the purpose of this chapter to subject property owners to any
legal liability resulting from a tenant's actions occurring away from
the owner's property.
(Prior code § 5-1201; Ord. 002-07 C.S. § 1)
means and includes, but not be limited to:
The costs associated with any hearings before a Hearing Officer.
City's personnel costs, direct and indirect, incurred in enforcing
this chapter and in preparing for, participating in or conducting
any hearings subject to this chapter, including but not limited to
attorneys' fees.
The cost incurred by the City in documenting the safety violations,
including but not limited to, the actual expense and costs of the
City responding to the safety violation(s); investigating and enforcing
statutory crimes related to the safety violation, including, but not
limited to, court appearances; conducting inspections; attending hearings;
and preparing notices, administrative citations, and orders.
means the Chief of Police or designee.
means the City of Stockton.
means any activity related to the possession, sale, use,
or manufacturing of an illegal drug or narcotic that creates an unreasonable
interference with the comfortable enjoyment of life, property, or
the safety and welfare of the residents of the property, the neighborhood,
or the public. These activities include, but are not limited to, any
activity commonly associated with illegal drug use and dealing, such
as noise, steady foot and vehicle traffic day and night to a particular
property, possession of weapons, drug loitering (as defined in California
Health and Safety Code Section 11532), possession of stolen property,
identity theft, possession of property with serial numbers removed,
evidence of forgery or fraud, or other drug-related activities.
shall mean any person authorized by the Chief of Police pursuant
to this chapter to enforce violations of this chapter.
means any crime motivated by gang membership in which the
perpetrator, victim, or intended victim is a known member of a gang.
means any person appointed by the City Manager to preside
over the administrative hearings pursuant to this chapter.
have the same meaning and may be used interchangeably and
mean the owner or owners of record of the subject real property as
shown on the latest equalized tax assessment role of San Joaquin County
or as otherwise actually known to the Chief of Police.
means individual(s), corporations, associations, partnerships,
limited liability companies, trustees, lessees, agents and assignees.
have the same meaning and may be used interchangeably and
mean the lot or parcel of land for which the owner has legal ownership
or exercises custody or control thereof.
have the same meaning and may be used interchangeably and
means that person(s), visitor(s), or transient(s) utilizing, leasing,
residing at, or occupying the real property in question regardless
of whether a lease or contract exists between the parties; such occupancy
may last for any limited period of time.
(Prior code § 5-1202; Ord. 002-07 C.S. § 1)
A.
The
provisions of this chapter shall apply to all real property whether
owner occupied or a rental property, whether residential, commercial,
industrial, improved, or unimproved, throughout the City wherein any
of the safety violations are found to exist.
B.
A criminal
conviction is not required for establishing the occurrence of a safety
violation pursuant to this chapter.
C.
The
remedies set forth in this chapter are cumulative and additional to
any and all other legal remedies available whether set forth elsewhere
in the Stockton Municipal Code, or in State or Federal laws, regulations,
or case law.
(Prior code § 5-1203; Ord. 002-07 C.S. § 1)
A.
Every
person owning, possessing, or having charge or control of real property
within the City is required to manage that property and control the
environment thereon in a manner so as not to violate the provisions
of this chapter. The owner of real property shall be liable for safety
violations as set forth in detail herein, regardless of any contract
or agreement with any third party regarding the property.
B.
Every
tenant, occupant, lessee, or holder of any possessory interest in
real property shall:
1.
Comply
with all Federal, State, and local laws applicable to the property.
2.
Supervise
or cause to be supervised anyone utilizing, residing at, or occupying
the property, with or without the consent of the owner, consistent
with this chapter.
3.
Maintain
the property in a manner so as not to violate the provisions of this
chapter.
(Prior code § 5-1204; Ord. 002-07 C.S. § 1)
The Chief of Police shall be responsible for administering and
enforcing the provisions of this chapter. The Chief of Police shall
have the authority to designate employees as Enforcement Officers
in conformance with this chapter to assist with enforcement responsibilities
of this chapter, including, but not limited to, the issuance of administrative
citations.
(Prior code § 5-1205; Ord. 002-07 C.S. § 1)
It is hereby declared a violation of this chapter for a property
owner with actual or constructive knowledge, whether through the owner
or owner's agent, lessee, sublessor, sublessee, or occupant, to allow,
permit or fail to prevent a safety violation (as defined herein) to
occur on the real property of the owner on a repeated basis or after
receipt of a notice as set forth herein. A safety violation consists
of any of the following activities or behaviors:
A.
Evidence
of the illegal manufacture, cultivation, sale, use, or possession
of controlled substances or other illegal drugs and substances, including
paraphernalia, evidenced by the arrest of one or more persons.
B.
Any drug-related nuisance occurring within one year of an arrest on the premises for a safety violation defined in subsection A of this section.
C.
Any
act of prostitution evidenced by the arrest of one or more persons.
D.
Any
gang-related crime.
E.
The
unlawful possession, discharging, or brandishing of a firearm or weapon
by any person.
F.
Violent
criminal acts, whether or not a criminal case is filed, including,
but not limited to, rape, attempted rape, robbery, battery, homicide,
shootings, kidnapping, or arson.
G.
Disturbances
occurring at parties or gatherings at which alcohol or drugs are consumed
or used by minors and/or crimes of violence have occurred.
H.
Allowing
the occupancy load to exceed the permitted number within a public
assembly, as established by the California Building Code, when alcohol
and/or drugs are being consumed or accessible to the gathering.
I.
Possession
of child pornography.
(Prior code § 5-1206; Ord. 002-07 C.S. § 1)
A.
To commence enforcement of this chapter, the Chief of Police shall, within a reasonable period of time from the date of a safety violation as defined herein, notify the property owner of the occurrence of a safety violation on the owner's property. The notice shall be served on in accordance with Stockton Municipal Code Section 1.04.080.
B.
When
the Chief of Police notifies an owner of rental property of a safety
violation allegedly caused by a specific tenant or the tenants of
a specific unit or property, the Chief of Police may concurrently
give written notice thereof to the property manager, when one is known,
and the specific tenant(s) of a unit or property.
C.
The
notice shall also contain the following information:
1.
The
address where the safety violation is occurring.
2.
A
statement specifying the activities and behaviors which constitute
the safety violation, including the names (when known) of the person
or persons allegedly causing the safety violation, and may include
reasonable actions which the Chief of Police directs the property
owner to take to abate the violation.
3.
A
statement informing the owner that if any safety violations reoccur
after 30 calendar days of the date of notice, administrative citation,
including a penalty not to exceed $1,000.00 for each new safety violation
that occurs, may be issued and imposed upon the owner and, if not
paid, it shall become a special assessment against the property, as
set forth below.
4.
A
statement that the owner must, in responding to the notice and working
with tenants, comply with all applicable Federal, State and local
regulations relating to evictions and prohibitions against discrimination.
D.
After an initial notice, City shall not be responsible for providing notice pursuant to this section prior to issuance of a citation for subsequent safety violations on the same property that occur within the latter of (1) 365 days of mailing or publication of the initial notice or; (2) that occur within 365 days following the Hearing Officer's decision pursuant to Stockton Municipal Code Section 1.12.090.
(Prior code § 5-1207; Ord. 002-07 C.S. § 1)
A.
Any violation of Section 8.96.070 may result in any or all of the following actions and/or fines: fine;
1.
A
misdemeanor punishable by either six months in jail, and/or $1,000.00
fine;
2.
Institution of a civil action by the City Attorney, or designee as set forth in Section 8.96.100;
3.
Issuance
of administrative citation(s) and/or an order to abate the safety
violation(s) with a fine for each and every safety violation of $1,000.00,
plus any administrative expenses incurred in the enforcement of this
chapter;
4.
Administrative
injunction ordering the action constituting a safety violation to
immediately cease and desist; such an order may require an order that
the property be immediately vacated to protect the health and welfare
of the community.
B.
Each
day the safety violation(s) continue shall be deemed a new violation
subject to additional citations, penalties, and fines.
C.
Violation
of any section of this chapter may be filed as an infraction or a
misdemeanor at the discretion of the City Attorney.
D.
All
fines shall be the obligation of the owner and are due and payable
within 30 days of issuance of the citation, provided that when a request
for a hearing is made, the fines and administrative expenses shall
be due and payable within 30 days of the date of the Hearing Officer's
written decision. Any fine or administrative expense not paid within
the time limits set forth shall be collected pursuant to Title 1 of
the Stockton Municipal Code.
(Prior code § 5-1208; Ord. 002-07 C.S. § 1)
