The purpose of this chapter is 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 health and safety. 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.
(Ord. 1460 § 1, 2010)
The following words and phrases, when used in this chapter,
shall be construed as defined in this section, unless it is apparent
from the context that they have a different meaning:
shall include, but not be limited to:
The costs associated with any hearings before a hearing officer;
The 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.
shall mean the chief of police or designee.
means the city of Manteca.
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.
means 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.
shall mean any person appointed pursuant to Chapter 1.10 of the Manteca Municipal Code to preside over hearings, including those hearings required by to this chapter.
shall mean the notice provided to a property owner indicating
that a safety violation has occurred on the property.
have the same meaning and may be used interchangeably and
shall mean the owner or owners of record of the subject real property
as shown on the latest equalized tax assessment roll 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
shall mean the lot or parcel of land for which the owner has legal
ownership or exercises custody or control thereof.
shall mean any of the following activities or behaviors:
Evidence of the illegal manufacture, cultivation, sale, use,
or possession of controlled substances or other illegal drugs and
substances, including paraphernalia, evidence by the arrest of one
or more persons.
Any drug related nuisance occurring within one year of an arrest
on the premises for a safety violation defined in subsection (L)(1).
Any act of prostitution evidenced by the arrest of one or more
persons.
Any gang related crime.
The unlawful possession, discharging, or brandishing of a firearm
or weapon by any person.
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.
Disturbances occurring at parties or gatherings at which alcohol
or drugs are consumed and/or crimes have occurred.
Allowing the occupancy load to exceed the permitted number within
a public assembly building, as established by the California Building
Code, when alcohol and/or drugs are being consumed or accessible to
the gathering.
The occurrence of any other criminal activity not specified
above which threatens the life, health, safety, or welfare of residents
of the property, the neighborhood, or the public.
have the same meaning and may be used interchangeably and
shall mean 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.
(Ord. 1460 § 1, 2010)
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 Manteca Municipal Code, or any applicable state or federal
laws, rules or regulations.
(Ord. 1460 § 1, 2010)
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 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.
(Ord. 1460 § 1, 2010)
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.
(Ord. 1460 § 1, 2010)
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 to occur on the real
property of the owner on a repeated basis or after receipt of a notice
as set forth in this chapter.
(Ord. 1460 § 1, 2010)
A.
To commence
enforcement of this chapter, the chief of police shall notify the
property owner of the occurrence of a safety violation on the owner's
property. The notice shall be served upon the property owner personally
or by U.S. mail, first class postage prepaid, and if by such mail,
it shall be sent to the last known address listed on the most recent
tax assessor's records. In the case of personal service, service shall
be deemed complete at the time of such delivery. In the case of service
by first class mail, service shall be deemed complete at the time
of deposit into the U.S. mail. Where service is by first class mail,
a copy of the notice shall be conspicuously posted at the affected
property when reasonably practicable for a period of not less than
three calendar days prior to the first date that commencement of corrective
action or abatement is to be undertaken. The failure to receive a
notice sent via first class mail shall not affect the validity of
any enforcement proceedings under this chapter.
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 of violation shall also contain the following information:
1.
The
address where the safety violation is occurring or has occurred;
2.
A
statement specifying the activities and behaviors which constitute
the safety violation, including the names (when known) of the tenant,
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 thirty calendar days of the date of notice, a letter will be sent to the property owner and one of the listed actions and/or fines listed in Section 9.34.080 will occur;
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;
5.
The
name and contact information for the chief of police or an enforcement
officer that the owner may meet with in order to discuss the safety
violation.
D.
After issuing a notice of violation to a property owner, the city shall not be responsible for providing additional notices pursuant to this section prior to the issuance of a citation for subsequent safety violations that occur on the same property that occur within the latter of: (1) three hundred sixty-five days of mailing or publication of the initial notice; or (2) that occur within three hundred sixty-five days following the hearing officer's decision pursuant to Manteca Municipal Code Section 1.10.420.
(Ord. 1460 § 1, 2010)
A.
Any
violation of this chapter may result in any or all of the following
actions and/or fines:
1.
A
misdemeanor punishable by either six months in jail and/or a fine
not to exceed one thousand dollars;
3.
Issuance
of administrative citation(s) and/or an order to abate the safety
violation(s) with a fine up to five hundred dollars, plus any administrative
expenses incurred in the enforcement of this chapter.
B.
Each
day a safety violation(s) occurs 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 unless an appeal is filed, such fines are due and payable within sixty days of issuance of the citation, pursuant to Section 1.10.240. Any fine or administrative expense not paid within the time limits set forth shall be collected pursuant to the procedures contained in Chapter 1.10.
(Ord. 1460 § 1, 2010)
A.
In addition to the enforcement and fines described herein, the city attorney may bring a civil action for injunctive relief and civil penalties pursuant to Chapter 1.10 of the Manteca Municipal Code against any owner who violates this chapter. In any civil action brought pursuant to this chapter, the court may award reasonable attorneys' fees and costs to the prevailing party.
B.
The
city may pursue any other legal remedy to enforce or collect any fines
or amounts owed as set forth herein.
(Ord. 1460 § 1, 2010)
