As used in this chapter, the following words and phrases shall
have the meanings ascribed to them in this section:
means a drug, substance, or immediate precursor, as listed
in the Uniform Controlled Substance Act, Health and Safety Code Section
11054 et seq.
means the holding, maintenance, or use of a rental unit for
the purpose of unlawfully selling, serving, storing, keeping, manufacturing,
or giving away any controlled substance.
means any use in rental unit of controlled substance.
means any possession for sale, any sale, storage, possession,
or manufacturing of a controlled substance from or in a rental unit.
means an owner, lessor, or sublessor (including any person,
firm, corporation, partnership, or other entity) who receives or is
entitled to receive rent for the use of any rental unit, or the agent,
representative or successor of any of the foregoing.
means any dwelling unit, efficiency dwelling unit, guest
room, suite, and motel or hotel room, including any single family
residence, duplex, and condominium in the city, the land and buildings
appurtenant thereto, including common areas, garage facilities, alleyways,
stairwells, and elevators. This term shall also include mobile homes,
whether rent is paid for the mobile home and the land upon which the
mobile home is located, or the rent is paid for the land alone. Further,
it shall include recreational vehicles, as defined in California Civil
Code Section 799.29, if located in a mobile home park, whether rent
is paid for the recreational vehicle and the land upon which it is
located or rent is paid for the land alone.
means a tenant, subtenant, lessee, sublessee, any person
entitled to use or occupancy of a rental unit, or any person who is
using or occupying a rental unit.
(Ord. 684-91 § 1; Amended during 6/30/96 supplement)
A landlord shall not knowingly cause or permit any rental unit
to be used or maintained for any drug-related use, illegal drug activity,
or drug-related nuisance.
(Ord. 684-91 § 1)
If the city manager determines that a rental unit is being used or maintained in violation of Section 8.60.020, then the city manager may order the landlord to comply with the section. This order shall be presented to the landlord either by personal service or by a letter sent certified mail with a return receipt requested. The order shall contain as enclosures sufficient documentation to establish that the premises are being used or maintained for any drug-related use, illegal drug dealing activity or drug-related nuisance. Nothing herein shall authorize a search of any rental unit or seizure of any property by the landlord under color of authority of the city or any employee or official thereof.
(Ord. 684-91 § 1)
A landlord shall comply with the notice prescribed by Section 8.60.030. If the landlord fails to comply with the notice, then the city may take any lawful action to enforce Section 8.60.020. Compliance may be shown by the landlord's obtaining the voluntary surrender of the premises by the tenant; or the landlord's commencement and prosecution of unlawful detainer proceedings; or the landlord's demonstration in writing to the satisfaction of the city manager that commencement of unlawful detainer proceedings is not supported by the evidence received by the city and by the landlord, taken as a whole; or by other similar action.
(Ord. 684-91 § 1)
In addition to any other enforcement action, the city manager may declare an alleged violation of Section 8.60.020 or the activities described therein to constitute a public nuisance and may commence abatement of the conditions giving rise thereto in accordance with procedures specified in Health and Safety Code Section 11570 et seq., or in accordance with procedures provided for in Chapter 8.24 of the Municipal Code.
(Ord. 684-91 § 1)
Nothing contained in this chapter shall be construed or interpreted
in such a way as to create a principalagent relationship between the
city and the landlord. Nothing herein shall prohibit the landlord
from complying with this chapter by commencing and prosecuting unlawful
detainer proceedings based on legal grounds other than illegal drug
activity.
(Ord. 684-91 § 1)
