For the purposes of this chapter, the following words and phrases
shall have the meaning respectively ascribed to them by this section:
means any commercial establishment that rents guest rooms
or suite to the public on a nightly, weekly, or monthly basis, and
shall include a motel and an inn that operates in such capacity.
means a residential structure designed for the permanent
residency of two or more individuals, groups of individuals, or families
living independently. This definition shall include a duplex, apartment
house, and a condominium complex, but shall not include a hotel.
means any natural person, firm, association, joint venture,
joint stock company, partnership, organization, club, company, corporation,
business trust or the manager, lessee, agent, servant, office or employee
authorized to act for the property owner.
means any person who, as of a given date, obtained the right
to occupy a dwelling, including, but not limited to, a single-family
dwelling, multifamily dwelling, duplex, hotel or motel for more than
30 consecutive days.
means the owner of record of real property, as recorded in
the office of the County Registrar Recorder/County Clerk, as well
as any partial owner, joint owner, tenant, tenant-in-common, or joint
tenant, of such real property.
means any person who is required to register under Section
290 of the California Penal Code and who is currently on parole. For
purposes of this chapter, "registered sex offender" includes those
who have failed to register pursuant to Section 290 of the California
Penal Code.
means a property owner and/or a property owner's authorized
agent.
means any lot designed for permanent residency and containing
one and only one dwelling unit.
means any person who, for a period of 30 days or less, obtained
the legal right to occupy or reside in a single-family dwelling or
multifamily dwelling, including, but not limited to, a hotel or motel.
(10-01; 14-03; 18-01)
(10-01; 14-03; 18-01)
A registered sex offender shall be prohibited from renting or
otherwise occupying a single-family dwelling or a unit in a multifamily
dwelling with another registered sex offender, unless those persons
are legally related by blood, marriage, or adoption.
(10-01; 18-01)
A registered sex offender shall be prohibited from renting or
otherwise occupying the same guest room in a hotel with another registered
sex offender, regardless of the permanent or temporary residential
status of either registered sex offender, unless those persons are
legally related by blood, marriage, or adoption.
(10-01; 18-01)
A responsible party shall be prohibited from knowingly renting
a single-family dwelling or a unit in a multifamily dwelling to be
rented or otherwise occupied by more than one registered sex offender,
regardless of the permanent or temporary residential status of either
registered sex offender, unless those persons are legally related
by blood, marriage, or adoption.
(10-01; 18-01)
A responsible party shall be prohibited from knowingly allowing
a guest room in a hotel to be rented or otherwise occupied by more
than one registered sex offender, regardless of the permanent or temporary
residential status of either registered sex offender, unless those
persons are legally related by blood, marriage, or adoption.
(10-01; 18-01)
If, in order to comply with this chapter, a responsible party
is required to terminate a registered sex offender's tenancy or other
occupancy, the responsible party shall comply with all applicable
State law procedures and requirements governing the eviction of tenants
of real property. If, in accordance with these procedures and requirements,
a court determines that such termination is improper, the responsible
party shall not be in violation of this chapter by allowing the sex
offender to remain as a tenant or other occupant.
(10-01; 18-01)
The provisions of this chapter shall not apply in the following
instances:
A.
Tenancies
or other occupancies commenced prior to the effective date of the
ordinance codified in this chapter, or to the renewals of any such
tenancy or occupancies.
B.
The
first sex offender to establish a lawful residency shall not be in
violation of this chapter if another sex offender attempts to establish
residency within the prohibited location.
C.
The
sex offender is confined within the City Jail.
(10-01; 14-03; 18-01)
A.
Any
single-family dwelling, multifamily dwelling, or hotel or motel operated
or maintained in a manner inconsistent with the occupancy requirements
of this chapter is declared to be unlawful and is defined as and declared
to be public nuisances per se that are injurious to the public health,
safety, and welfare.
B.
In any
civil action or proceeding, administrative proceeding, or special
proceeding, including, but not limited to, those brought to abate
a public nuisance, the prevailing party will be entitled to recovery
of all costs, attorney's fees and expenses, provided that attorneys'
fees will only be available in those actions or proceedings in which
the City has provided notice at the commencement of such action or
proceeding that it intends to seek and recover its own attorneys'
fees. In no action or proceeding will an award of attorneys' fees
exceed the amount of reasonable attorneys' fees incurred by the City
in the action or proceeding.
C.
Monies
due to the City pursuant to this chapter may be recovered in an appropriate
civil action. Alternatively, such liability may be enforced by special
assessment proceedings against the parcel of land upon which the nuisance
existed, which proceedings must be conducted in a manner substantively
similar to proceedings prescribed in this Code relating to assessment
for abatement of property nuisances.
(10-01; 18-01)
A.
Notwithstanding
any other penalty provided by this Code or otherwise by law, any person
who violates this chapter shall be guilty of a misdemeanor and, in
addition, the City may enforce the violation by means of a civil enforcement
process through a restraining order, a preliminary or permanent injunction,
or by any other means available by law.
B.
Each
day that a violation of this chapter exists shall be deemed a new
and separate offense.
(10-01; 18-01)
