The city council of the city as the city's legislative authority
finds and declares that each and every building, structure or place
used for the purpose of unlawfully selling, serving, storing, keeping
or giving away of any controlled substance, as defined pursuant to
Section 11000 et seq., of the California
Health and Safety Code, is
a nuisance.
(Prior code § 3990(a))
The city attorney of the city pursuant to Section 731 of the
California
Code of Civil Procedure, is directed to abate, prevent
and enjoin the unlawful selling, serving, storing, keeping or giving
away of any controlled substances within any building, structure or
place in the city.
(Prior code § 3990(b))
Upon receiving notice through service of a copy of the provisions
of this chapter and an order of abatement as provided for in this
chapter, every person who holds a legal or equitable interest in any
real property, and/or a building, structure or place in the city,
and any person who leases, maintains, manages, conducts or has the
right to possession of a building, structure or place in the city,
which is declared to be a nuisance pursuant to the provisions of this
chapter, is deemed to be a person who has knowledge of such nuisance
for the purpose of this chapter, and shall thereafter, be responsible
for its maintenance, and shall be liable for the abatement thereof
and for any damage to any person resulting therefrom.
(Prior code § 3990(c))
The city council may, upon its own motion, or upon written charges filed with council by the chief administrative officer, set a public hearing before the council to determine if a nuisance, as set forth in this chapter or any other appropriate state or local law, exists on any specified real property located in the city. At the hearing, the persons described in Section
8.32.030 of this code shall be given a reasonable opportunity to appear, either personally or by counsel, to be heard, and present relevant evidence on the issue of whether such a nuisance exists.
(Prior code § 3991(a))
If the city council finds that a nuisance, as defined in this
chapter and any other appropriate state or local law, exists at a
location in the city, the city council shall provide for the following,
by resolution:
A. Declare
the fact that such nuisance exists; and
B. Set
forth the legal description and street address or location of the
real property upon which nuisance exists; and
C. Set
forth the facts found to exist by the city council in arriving at
its determination that a nuisance exists, as defined in this chapter;
and
D. Order
all persons responsible therefor to summarily abate such nuisance
immediately; and
E. If necessary,
order the city attorney to proceed to do all things necessary to abate,
prevent or enjoin such nuisance, as defined in this chapter, through
judicial proceedings; and
F. Order
that a certified true copy of such resolution and a certified true
copy of the provisions of this chapter be served upon all persons
of record having legal or equitable ownership interests in the real
property, building, structure or place where such nuisance exists
and to any person who shall lease, maintain, manage, conduct, has
a right to possession to the real property building, structure or
place where such nuisance exists.
(Ord. 943)