as used in this chapter means one or more controlled substances,
including precursors and analogs, defined in Health and Safety Code
Section 11007.
as used in this chapter means any person having or claiming to have any legal or equitable interest in or to the fee relating to a building or place determined to be a nuisance as defined in Section 8.17.020 as disclosed by a title search to be conducted under the supervision of the city attorney, using an acceptable title company.
(Ord. 924 § 2, 1990)
Any building or place used for the purpose of unlawfully selling,
serving, storing, keeping, manufacturing or giving away any drugs
as defined in this chapter, and every building or place wherein or
upon which those acts take place, is a public nuisance and may be
abated as set out in this chapter.
(Ord. 924 § 2, 1990)
A.
The
sheriff's department may identify a building or place which is a nuisance
as defined in this chapter by documenting a pattern of continuous
and repeated drug activity in or at such building or place. The sheriff's
department shall develop procedures for use in the identification
and documentation of such nuisances, including, but not limited to,
documenting arrests related to drugs, statements from neighbors or
declarations from the owner or manager of the property.
B.
Alternatively,
the owner or manager of property who believes that a nuisance as defined
in this chapter may exist on property owned or managed by such person
may provide the sheriff's department with written evidence of such
nuisance and a written request that the sheriff's department investigate
under its procedures, and, where appropriate, request abatement of
the nuisance.
(Ord. 924 § 2, 1990)
A.
Where
the sheriff's department has determined that a nuisance exists as
defined in this chapter, it shall give notice of the existence of
such nuisance and request for immediate abatement to the owner, occupant,
manager or agent for the property and to any other person who has
requested such notice.
B.
The
first notice shall be by letter and shall state the location of the
nuisance, the type of drug activity, and the requested manner of abatement.
The letter shall give thirty calendar days in which to commence voluntary
abatement of the nuisance in the manner requested. Abatement may include,
but is not limited to, eviction of the tenant(s) creating the nuisance
or closure of the building.
C.
Within
that thirty-day period, the owner of any property so identified may
request in writing that the sheriff's department proceed with abatement
against the property as set out in this chapter and under state law.
As a condition to abatement, the sheriff's department and the city
may enter into an agreement with the owner or owner's agent to assist
in such proceedings or to bring the building into compliance with
applicable state, federal and local building codes and regulations.
D.
At the
end of the thirty-day period, the sheriff's department shall determine
whether or not the nuisance is being or has been abated. If the sheriff's
department finds that such nuisance continues to exist, the owner,
occupant, manager or agent and any other person requesting notice
shall be served with a second notice. The second notice shall state
that the nuisance continues to exist, its location, type and manner
of abatement and that abatement must commence within five working
days or the matter will be referred to the city attorney for civil
action.
E.
The
notices required by this section shall be served by personal delivery
or by mailing, first class, postage prepaid, return receipt requested,
to the owner at such owner's last known mailing address as it appears
on the last equalized assessment roll of the county, and to the occupant,
manager, agent or any other person requesting notice, if any, at the
address of the building or any other known address. The failure of
any person entitled to receive such notice shall not affect the validity
of any proceedings under this ordinance.
F.
Upon
receipt of a response from the person served, the sheriff's department
and the city may agree in writing to extend the time to commence,
perform or complete abatement, and may condition such extension on
the performance of actions by the owner, occupant, manager or agent,
including, but not limited to bringing the building into compliance
with any and all applicable local, state and federal building codes
and regulations.
(Ord. 924 § 2, 1990)
When the owner, occupant, manager, agent or other interested and responsible person has failed to abate the nuisance after notification as set out in Section 8.17.040, or has violated the terms of any agreement reached under subsections (C) and (F) of Section 8.17.040, the city attorney is authorized to commence a civil action to abate the nuisance as set out under Health and Safety Code Sections 11570 et seq. and the Civil Code of California, and to seek a temporary injunction, protection of witness(es) and any and all applicable damages and remedies, including attorneys' fees and costs. Any such damages or costs when unpaid shall become a lien and charge against the building or property.
(Ord. 924 § 2, 1990)
