(a) 
Loud and unruly social gatherings frequently become public nuisances since they interfere with the comfortable enjoyment of life, property, and threaten public safety. All such activities detrimentally affect the neighborhoods that surround these nuisances.
(b) 
Supplying alcoholic beverages to persons under twenty-one, or possession and consumption of alcoholic beverages by persons under twenty-one, is unlawful (see Business and Professions Code Sections 25658 and 25662).
(c) 
Frequently these unruly gatherings create opportunities for underage persons and minors to obtain alcoholic beverages. Hosts of such nuisances often know, or should know, that illegal consumption of alcohol occurs during the unruly gatherings, but fail to take any reasonable measures to prevent such illegal activity.
(d) 
The city has, both now and in the past, responded to code violations multiple times for enforcement actions. In addition, the city's other departments, including the fire department and public works department, have responded to code violations in order to, without limitation, assist with enforcement actions, repair damage to public facilities, treat participants in unruly events, or engage in fire suppression activities. A disproportionately higher level of public services is provided to enforcement actions as compared to the city's general need for public services.
(e) 
In addition, the public services required for responding to incidents that occur as a consequence of unruly gatherings (for example, driving while intoxicated, increased social violence, and incidents of sexual assault) are also disproportionately greater than what is generally required within the city's jurisdiction.
(f) 
There exists and has existed an increasing trend toward disturbances both at rental facilities and private homes within the city. Such incidents on many occasions disturb the public peace, safety, and welfare thereby requiring a disproportionately higher level of public services as compared to the city's general need for public services.
(g) 
Such threats to public health, safety, and welfare constitute a clear and present danger to public order and safety and are not protected by any provision of the California or United States Constitutions.
(h) 
It is in the public interest to establish procedures for recovering costs incurred by the city when enforcing any provision of this code through inspections, nuisance abatement, or other, similar, administrative or judicial means.
(Ord. 2150 § 3, 2018)
An enforcement officer must comply with the procedures set forth in this chapter in order to collect enforcement and response costs from a responsible party.
(Ord. 2150 § 3, 2018)
Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this chapter:
"Alcohol"
has the same meaning as set forth in Business and Professions Code Section 23003.
"Alcoholic beverage"
has the same meaning as set forth in Business and Professions Code Section 23004.
"Code violation"
means any violation of this code or any federal, state, or local law that the city may enforce pursuant to the city council's legislative action or any other provision of law for which the city may recover its response costs. This term will include both singular and plural.
"Controlled substance"
means any drug, substance, or immediate precursor, as listed in the Uniform Controlled Substances Act (Health and Safety Code Section 11000, et seq.).
"Director"
means the city manager, or designee.
"Disturbance"
means a threat to public peace, health, safety and welfare, including, but not limited to, the following:
(1) 
Disturbing the peace in violation of California Penal Code Section 415;
(2) 
Disorderly conduct in violation of California Penal Code Section 647;
(3) 
Brandishing a weapon in violation of California Penal Code Section 417;
(4) 
Assault and/or battery in violation of California Penal Code Sections 240 and 242;
(5) 
Assault with a deadly weapon in violation of California Penal Code Section 245;
(6) 
Riot in violation of California Penal Code Section 404 or riot in violation of California Penal Code Section 406; and
(7) 
Unlawful assembly in violation of California Penal Code Section 407.
"Enforcement action"
means any action taken to correct a code violation including, without limitation, an unruly gathering or disturbance.
"Enforcement officer"
has the same meaning as in Section 4.20.030.
"Hearing officer"
means a third-party, independent, hearing officer appointed by the director.
"Illegal drug activity"
means a violation of any of the provisions Health and Safety Code Section 11350, et seq., or Health and Safety Code Section 11400, et seq., and any successor statutes or regulations.
"Incidental expenses"
include, without limitation, actual expenses, city administrative costs and other costs of the city of all previous code enforcement efforts, the preparation of the abatement work specifications, contracts, and staff time in inspecting the work, as well as the costs of printing, posting and mailings required by this chapter.
"Minor"
means, except as otherwise provided, a person under twenty-one years of age.
"Premises"
means any unimproved or improved real property, including, without limitation, dwelling units, rental units, garage facilities, streets, alleyways, stairwells, elevators, and, as the context permits or requires, any public or private property which abuts any of such areas.
"Reinspection date"
means the date on or after which an enforcement officer conducts an inspection to verify correction of a code violation.
"Rental unit"
includes:
(1) 
Any dwelling unit as defined in this code including, without limitation, any singleand multi-family residence, duplex, or condominium, boarding house, or residential care facility located in the city;
(2) 
Any hotel or motel room;
(3) 
Any assembly hall;
(4) 
Any mobile home, whether rent is paid for the mobile home, the land upon which the mobile home is located, or both; and
(5) 
Any recreational vehicle, as defined in Civil Code Section 799.29 and Health and Safety Code Section 18010, if located in a mobile home park or recreational vehicle park, whether rent is paid for the recreation vehicle, the land upon which it is located, or both.
"Repeat offender"
means a responsible person who, following a written notice of violation pursuant to Section 4.40.070, repeatedly violates the same code provision(s) identified in the notice.
"Response costs"
means the cost associated with responses by law enforcement, fire, and other public services (for example, public works or building safety) to enforcement actions including, without limitation:
(1) 
Salaries and benefits of personnel for the amount of time spent responding to, remaining at, or otherwise addressing enforcement actions and the administrative costs attributable to such response(s);
(2) 
The cost of any medical treatment to or for any personnel injured responding to, remaining at or leaving an enforcement action;
(3) 
Actual cost of preparing notices, correspondence, specifications, and contracts;
(4) 
Personnel costs incurred for property inspections. Such costs will be calculated at an hourly rate based on a schedule established by city council resolution;
(5) 
The cost of printing and mailing;
(6) 
Costs related to inspection warrants;
(7) 
Costs related to office hearings and administrative adjudications;
(8) 
Attorney's fees expended in enforcement actions including, without limitation, any action to recover response costs pursuant to this chapter;
(9) 
All costs or expenses for which the city may be liable under state law arising from or related to an enforcement action;
(10) 
The cost of repairing any city equipment or property damage, and the cost of the use of any such equipment, in responding to, remaining at or leaving enforcement actions; and
(11) 
Any other costs recoverable in compliance with applicable law including, without limitation, Civil Code Section 1714.9.
"Responsible person"
has the same meaning as set forth in Section 4.20.030 of this code. A responsible person need not be present in order to be liable for response costs. Prior knowledge of code violations is not required for a finding that an individual is a responsible person. A person may be considered a responsible person regardless of whether that person paid compensation for the use of a premises.
"Unruly gathering"
means any activity involving two or more persons on a premises which includes any of the following and interferes with the comfortable enjoyment of life, public or private property, or public safety:
(1) 
Violations of this code with regard to noise;
(2) 
Interference with the normal flow of pedestrian or vehicle traffic in violation of this code or other applicable law;
(3) 
Curfew violations of this code by minors;
(4) 
Consumption of alcohol and alcoholic beverages in violation of this Code or other applicable law including, without limitation, or consumption of alcoholic beverages by minors; and
(5) 
Illegal drug activity or use of controlled substances in violation of any applicable law.
(Ord. 2150 § 3, 2018)
(a) 
In addition to any other prohibition in this code, it is unlawful for a responsible person to cause, knowingly permit, or by insufficient control allow any premises under the responsible person's control to be used or maintained for an unruly gathering. It is unlawful for a responsible person to cause, knowingly permit, or by insufficient control allow a disturbance to occur at a premises under the control of the responsible person.
(b) 
If enforcement officers are required to respond to the same property for a violation of this section within twelve hours of the initial response or three or more times within six months of the initial response, the owner will be charged for the response costs, computed pursuant to Section 4.40.090.
(Ord. 2150 § 3, 2018)
Utilization of any public employee during any response to enforcement actions after the first warning, where responding enforcement officers determine there is a violation of this code, is a public service over and above the services generally provided within the city's jurisdiction and, accordingly, constitutes a special public service authorizing the city to recover its response costs.
(Ord. 2150 § 3, 2018)
(a) 
When enforcement officers respond to an enforcement action, the enforcement officers can issue a written notice. If a written notice has been issued to the responsible person, the notice must state as follows:
(1) 
If enforcement officers are required to return to the same premises within a designated period of time in response to a complaint; or
(2) 
If enforcement officers are required to return to the same premises with the same code violation for a total of three times or more within a six month period in response to a complaint; and
(3) 
The responding enforcement officers determine there is a violation of this chapter; then
(4) 
Such additional responses by enforcement officers will constitute response costs, the cost of which must be paid by the responsible person. Any such costs will become the responsible person's personal obligation and be a debt to the city.
(b) 
Notices issued pursuant to this section must be signed by the responsible person which acknowledges receipt of the warning. A signed copy may be left with the responsible person. If a second or subsequent response is required, enforcement officers must have a responsible person sign a response cost invoice acknowledging the special public services and additional invoices for any further responses.
(Ord. 2150 § 3, 2018)
If no responsible person is available on the premises when the enforcement officer is present, or the responsible person refuses to sign receipt of the notice, a copy of the notice must be posted in a conspicuous place on the premises on each occasion the police respond.
(Ord. 2150 § 3, 2018)
(a) 
The director will account for and maintain records of all response costs associated with enforcement actions. Computing response costs will be based upon records kept for each separate enforcement action.
(b) 
Computing response costs will commence from the reinspection date through the date that all code violations are corrected except that response costs for repeat offenders will be calculated from the time that an enforcement officer determines that a code violation continues to exist. Should a repeat offender be responsible for both identical code violations and new code violations, the city will calculate response costs from the time that an enforcement officer determines that a code violation exists.
(c) 
After an enforcement action, the enforcement officer will send an enforcement cost summary to the responsible party. Unless a timely appeal is filed in accordance with this chapter, the enforcement cost summary will be deemed final and accurate.
(Ord. 2150 § 3, 2018)
(a) 
Within thirty days of the enforcement action, the director must provide a written response cost invoice to the responsible person by certified mail. The response cost invoice must state the following:
(1) 
The identification of the responsible person(s);
(2) 
The address of the premises where the enforcement action occurred;
(3) 
The factual circumstances constituting the enforcement action;
(4) 
The date(s) and time(s) that special public services were provided; and
(5) 
A copy of the warning notice(s) provided to the responsible person.
(b) 
The response cost invoice must also state that the responsible person may file a written appeal of the determination within ten days after receiving the notice and describe the procedure required for such an appeal.
(Ord. 2150 § 3, 2018)
(a) 
Should the code violation continue as of the reinspection date, or if the responsible party is a repeat offender, the enforcement officer will take all legal measures needed to gain compliance.
(b) 
After all code violations have ceased, the enforcement officer will notify the responsible party in writing of the total response costs the city incurred.
(Ord. 2150 § 3, 2018)
Response costs will be charged in those instances where the responsible party fails to correct the code violations by the reinspection date or, for repeat offenders, will be charged from the date enforcement officers determine that the same specified condition exists within six months of the initial response. For repeat offenders of Section 4.40.040, response costs will be charged from the date enforcement officers are required to respond to the same property within twelve hours of the initial response or three or more times within six months of the initial response. However, if a court of competent jurisdiction dismisses an enforcement action or subsequently finds the responsible party innocent of all alleged code violations, no response costs will be charged to the responsible party.
(Ord. 2150 § 3, 2018)
The procedures prescribed in this chapter must only be followed if the city is to recover response costs in an enforcement action. The recovery of response costs will be in addition to any fines or penalties that may be imposed under this code or by court order.
(Ord. 2150 § 3, 2018)
(a) 
All fees and charges levied for response costs are due and payable upon presentation.
(b) 
All response costs constitute a valid debt to the city and against the responsible person or, if the responsible person is a minor, the responsible person's parents and guardians.
(c) 
If a responsible person does not timely appeal the response cost invoice in accordance with this chapter, and if any amount remains unpaid after reasonable and practical attempts have been made by the city to obtain payment, the city manager, or designee, is authorized to take all legal and practicable collection efforts to recover the outstanding debt, together with any penalties, any related charges and fees accrued due to non-payment.
(d) 
The city attorney is authorized to file an action on the city's behalf for injunctive relief, or other appropriate civil action, to require the responsible person to comply with this chapter.
(e) 
Fees and charges to be levied for recovering city costs for notification and collection of delinquent accounts will be established by city council resolution. Such fees and charges are part of the response costs.
(f) 
A court rendering a judgment pursuant to this section may, in addition to any other order provided by law, require the payment of reasonable attorney's fees, and costs of investigation, discovery and court costs.
(Ord. 2150 § 3, 2018)
All response costs will be paid to the city. Should a responsible party fail to pay all response costs for which it has been charged within the time prescribed herein, the city may effectuate payment through a collection agency or through any other legal means at its disposal.
(Ord. 2150 § 3, 2018)
Responsible persons served with a response cost invoice in accordance with this chapter may appeal the response cost invoice provided:
(a) 
A request for review must be commenced within ten days from the date on which the response cost invoice is served on the responsible person. If an appeals request is untimely, the director may, nevertheless, extend the time for commencing such review for good cause shown.
(b) 
A request for appeal must be accompanied by an advance deposit of the response costs or a request for a hardship waiver, and must be made on a form provided by the director which contains the following information:
(1) 
The name, address and telephone number of the person making the request;
(2) 
A copy of the response cost invoice or, if that document is unavailable, the approximate date, time, address, and amount of response costs;
(3) 
A brief description of all grounds for making the request;
(4) 
Whether an administrative hearing is requested; and
(5) 
Such other information as the city may require.
(c) 
Upon receiving an appeal, the director must appoint a hearing officer to review the request.
(d) 
If a responsible person requests a hearing, the director will schedule a hearing on a date not less than fifteen nor more than sixty days from the date the hearing is requested. Written notice of the date, time and location of the administrative hearing must be provided to the responsible person at least fifteen days before the hearing date.
(Ord. 2150 § 3, 2018)
(a) 
Responsible persons financially unable to make an advance deposit of the response costs may file for a hardship waiver. The request for a hardship waiver must be filed with the director's office on a form containing information that may be required by the director. The director will review the request and determine whether a waiver is justified. A waiver may only be approved if the request for waiver is accompanied by a sworn affidavit, together with any supporting documents or materials, demonstrating the responsible person's actual financial inability to deposit the full amount of the fine.
(b) 
The director will inform the responsible person in writing regarding whether the director approved the waiver. This determination must be served upon the responsible person by mail at the address provided in the waiver application. The director's determination is final.
(c) 
Should the director determine that a waiver is unjustified, the responsible person must deposit the response cost amount with the city not later than ten days after the date of that decision. Failure to make a deposit within ten days after waiver denial is deemed a waiver of the responsible person's right to an administrative appeal and the response costs will be deemed delinquent.
(Ord. 2150 § 3, 2018)
(a) 
Waiver of Personal Appearance at Hearing. In lieu of personally appearing at an administrative hearing, the responsible person may request that the hearing officer decide the matter based on the written appeal and any other documentary evidence submitted by the responsible person or the director before the hearing date.
(b) 
Failure to Appear at Hearing. Failure of a responsible person to appear at the hearing is deemed a waiver of the right to be personally present at the hearing. The hearing officer must then decide the matter based upon the written appeal, the response cost invoice, any documentary evidence previously submitted, and any additional evidence that may be presented at the hearing by the director.
(c) 
Continuation of Hearings. The hearing officer may continue any hearing and request additional information from the director or responsible person before issuing a written decision.
(Ord. 2150 § 3, 2018)
(a) 
In determining the validity of the response costs, the director will consider all relevant information pertaining to whether the response costs are reasonable in the circumstances of the case. Factors to be considered include, without limitation, the following:
(1) 
Whether the responsible party created the violation;
(2) 
Whether there was or is an ability to correct the violation;
(3) 
Whether the responsible party moved promptly to correct the violation;
(4) 
The degree of cooperation provided by the responsible party; and
(5) 
Whether reasonable minds could differ as to whether a violation existed.
(b) 
Within ten days of receiving the appeal or, if a hearing is requested, after a hearing, the hearing officer must provide the responsible person with a written notification that:
(1) 
The response cost invoice is affirmed;
(2) 
The response cost invoice is modified; or
(3) 
The response cost invoice is vacated.
(c) 
The hearing officer's decision is a final determination. There is no right of city council appeal.
(Ord. 2150 § 3, 2018)
(a) 
A responsible person may appeal the hearing officer's decision by filing an appeal with the Superior Court pursuant to Government Code Section 53069.4, or any successor statute, within twenty days from service of the hearing officer's decision.
(b) 
Should the responsible person file a timely appeal with the Superior Court, the requirement to pay the response costs is suspended and the payment of the response costs, if any, will be in accordance with the Superior Court decision.
(Ord. 2150 § 3, 2018)
(a) 
Should the hearing officer uphold the response cost invoice, then the city can retain the deposited response costs.
(b) 
Should the hearing officer vacate the response cost invoice, then the city must promptly refund the amount of the deposited amount, if any.
(c) 
Should the hearing officer uphold the response cost invoice and a hardship waiver was previously granted, the due date for paying the response costs will be thirty days from the date of the notice of the hearing officer's decision.
(Ord. 2150 § 3, 2018)
In addition to any other legal remedy, the city may place a lien on property owned by the responsible person in an amount equal to the sum of the response costs delinquent for more than ninety days, plus penalties and interest. If multiple responsible persons exist, they will be jointly and severally liable for any payments so ordered.
(Ord. 2150 § 3, 2018)
(a) 
The city manager, or designee, may initiate proceedings to record a lien conforming with this article if the decision is not appealed.
(b) 
Before recording the lien, the city manager, or designee, must submit a report to the director stating the amounts due and owing.
(c) 
The director will fix a time, date, and place for the city council to consider the report and any protests or objections to it.
(d) 
The director must serve the responsible person with a hearing notice not less than ten days before the hearing date. The notice must set forth the amount of the delinquent administrative fine, and any penalties and interest that is due. Notice must be delivered first-class mail, postage prepaid, addressed to each responsible person's address as it appears on the last equalized assessment roll or supplemental roll of the county of Los Angeles, whichever is more current. Service by mail is effective on the date of mailing and failure of responsible person to actually receive notice does not affect its validity.
(e) 
At the conclusion of the hearing, the city council will adopt a resolution confirming, discharging, or modifying the lien amount.
(Ord. 2150 § 3, 2018)
Within thirty days following the city council's adoption of a resolution imposing a lien, the director will file same as a judgment lien in the Los Angeles County recorder's office.
(Ord. 2150 § 3, 2018)
Each responsible person against whose property an assessment is levied pursuant to this chapter will also be assessed an administrative fee in an amount established by city council resolution based on the costs incurred in levying the assessment. The administrative fee will be included in the lien amount approved by the city council and recorded against the responsible person's property.
(Ord. 2150 § 3, 2018)
Once the city receives full payment for outstanding principal, penalties, and costs, the director will either record a notice of satisfaction or provide the responsible person with a notice of satisfaction for recordation at the Los Angeles County recorder's office. This notice of satisfaction will cancel the city's lien.
(Ord. 2150 § 3, 2018)
(a) 
The city attorney is authorized to commence a civil action in the superior court to enforce all or any of the provisions of this chapter.
(b) 
Where a civil action is filed, the prevailing party is entitled to reasonable attorneys' fees, but is limited by the amount of attorneys' fees claimed by the city pursuant to Government Code Section 38773.5. If the court issues an order or a judgment which validates an accounting, the court will also award the city its actual costs, including, without limitation, reasonable attorneys' fees incurred by the city in such judicial proceeding.
(c) 
The remedies provided by this chapter are cumulative and in addition to any other criminal or civil remedies including, without limitation, those set forth elsewhere in this code.
(Ord. 2150 § 3, 2018)