For the purpose of this chapter, the words and phrases set forth in this section shall be defined as follows:
"Administrative costs"
shall include, but not be limited to, any or all of the following:
1. 
All costs associated with any hearings before a hearing officer.
2. 
City's personnel costs, direct and indirect, including, but not limited to, all costs incurred by the city, Los Angeles County sheriff deputies and Los Angeles County health department, incurred in enforcing this chapter and in preparing for, participating in or conducting any hearings subject to this chapter, including, but not limited to, all attorney's fees incurred by the city in connection therewith.
3. 
The cost incurred by the city in documenting the activity, including, but not limited to, the actual expense and costs of the city, Los Angeles County sheriff's department and Los Angeles County health department, responding to calls reporting the activity; investigating and enforcing statutory offenses related to the activity, including, but not limited to, court appearances; conducting inspections; attending hearings; and preparing notices, civil citations, and orders.
"Call for service"
means any call made to the city requesting services at or near the premises, and shall include officer-initiated calls for service.
"Enforcement officer"
means any person authorized by the city manager to enforce violations of this chapter.
"Excessive call"
means any call for service for activity occurring at or in a lodging establishment above the threshold amount of activity.
"Gang-related crime"
means any crime motivated by gang membership in which the perpetrator, victim, or intended victim is a known member of a gang.
"Hearing officer"
means any person appointed to preside over a hearing pursuant to this chapter. The hearing officer shall not be a city employee and his or her compensation shall not be dependent on any particular outcome of the hearing.
"Lodging establishment" or "establishment"
means any motel, hotel, bed and breakfast, or boarding house within the city.
"Lodging establishment owner"
means the owner or operator of record of the subject lodging establishment, as shown on the most recent business license application for the establishment. Establishment ownership may also be demonstrated through government records, and any other publicly available records that have indicia of reliability.
"Officer-initiated calls for service"
shall be calls for service that are generated by city code enforcement officers or Los Angeles County sheriff deputies while on routine patrol wherein officers happen upon activity as enumerated in this chapter.
"Property owner"
means the owner of record of the property where the subject lodging establishment is located, as shown on the latest equalized tax assessment roll of Los Angeles County.
"Responsible person"
means the property owner, the lodging establishment owner, or both.
"Subsequent response"
means any response to a specific property in response to activity, which is made within ninety days after the city has given a written warning to the responsible person notifying the responsible person that administrative costs will be imposed for any subsequent response to abate the activity.
"Threshold amount of activity"
means any calls for service for activity beyond a particular lodging establishment's allotment per invoice period, which shall be based on an annual allotment of one call for service per lodging establishment per year for activities.
(Ord. 1174 §1, 2014)
A. 
A criminal conviction is not required for establishing the occurrence of activity pursuant to this chapter. The occurrence of activity may be established by documented evidence that the activity was witnessed by a peace officer or other witness willing to testify.
B. 
The remedies set forth in this chapter are cumulative and in addition to any and all other legal and equitable remedies.
(Ord. 1174 §1, 2014)
A. 
It is unlawful for any person to cause or allow any of the following activity at or in any lodging establishment owned or occupied by him or her:
1. 
Disturbing the peace in violation of Penal Code Section 415.
2. 
Manufacturing, giving away, selling, offering for sale, soliciting the sale of, possessing, purchasing, using, igniting, exploding, firing or otherwise discharging any fireworks within the city in violation of Chapter 8.08 (Fireworks) of Title 8 (Health and Safety), any applicable provisions of the California Fire Code.
3. 
The occurrence or attempted occurrence of any gang-related crime.
4. 
Unlawfully discharging a firearm, whether a handgun, long gun, and/or shotgun on lodging establishment property.
5. 
Parties or gatherings at which alcohol or controlled substances are illegally consumed or used by minors.
6. 
The occurrence or attempted occurrence of any other criminal activity that threatens the life, health, safety, or welfare of residents or guests of the lodging establishment, the neighborhood, or the public, including, but not limited to, violations of federal, state or local law.
7. 
The commission or attempted commission of any serious felony or violent felony as defined in Penal Code Sections 1192.7(c) and 667.5(c), respectively.
8. 
The manufacture, cultivation, sale, use, or possession of a controlled substance in violation of the Uniform Controlled Substances Act (Health and Safety Code Section 11000 et seq.), or in violation of federal law.
9. 
The commission or attempted commission of any act of prostitution as defined in Penal Code Section 647(b).
10. 
The manufacture, sale, possession, or use of a firearm in violation of the Dangerous Weapons Control Law (Penal Code Section 12000 et seq.).
(Ord. 1174 §1, 2014)
A. 
When the city determines that for any invoice period within which law enforcement has been dispatched to the same lodging establishment more than once in response to an activity at or in that establishment, the city manager shall review the incident reports for that establishment and shall impose a cost recovery fee for all activity calls for service in excess of one call.
B. 
The cost recovery fee invoice shall:
1. 
Identify the lodging establishment;
2. 
Summarize the evidence of the activity occurring at or in the lodging establishment (including the documented observations of the peace officer or a witness willing to testify) for which the property owner is being imposed a fee;
3. 
Provide the dates on which the activity was reported to the city and the dates of any prior responses by the city to activity at or in the lodging establishment for the invoice period at issue; and
4. 
Notify the property owner and the lodging establishment owner of the required corrective actions, including, but not limited to, conditions of operation, if any, and the date by which such corrective actions must be completed.
C. 
A subsequent and separate invoice for cost recovery fees shall be issued for each invoice period that the subsequent calls for service occur at or in a lodging establishment.
(Ord. 1174 §1, 2014)
A. 
The city shall provide an invoice for each call for service beyond one call per calendar year.
B. 
The responsible person shall pay city the total amount indicated on the invoice within ten days of receipt of the invoice. The invoice shall state the appeal procedures in Section 9.60.060 and shall specify that an unsuccessful appellant shall also be invoiced for all administrative costs of the appeal.
1. 
The invoice shall become final within ten days of being served, unless an appeal has been filed pursuant to Section 9.60.060.
2. 
Notice of the assessment of administrative costs shall be provided to the responsible person. The notice shall be given at the time of imposing the assessment and shall specify that the property may be sold after three years by the tax collector for unpaid delinquent assessments. The tax collector's power of sale shall not be affected by the failure of the property owner to receive notice. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment. However, if any real property to which the cost of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the cost of abatement shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection.
C. 
The cost recovery fee shall be set by city council resolution.
(Ord. 1174 §1, 2014)
A. 
Appeals pursuant to this chapter shall be heard by an independent hearing officer.
B. 
Any appeal shall be filed with the city manager within ten calendar days following the service of the invoice on the responsible person. The appeal shall be in writing and shall state the grounds for the appeal. The appeal shall be accompanied by the amount owed under the invoice, as well as the fee required for the taking of the appeal, which fee shall be set by city council resolution. The city manager shall have the discretion to waive or modify the amount to be deposited prior to the appeal if the responsible person demonstrates by clear and convincing evidence that depositing the full amount would result in a substantial hardship.
C. 
The city manager shall set the matter for a de novo hearing before the hearing officer at a reasonable time following the filing of the appeal. The city manager shall then notify the appellant by mail of the date and time of the hearing. The city manager may, in his or her discretion, continue the hearing date for good cause.
D. 
To allow appellants the opportunity to fully present their arguments, the formal rules of evidence shall not apply and all relevant evidence may be considered. However, the hearing officer shall have the discretion to exclude irrelevant evidence, i.e., evidence that does not pertain to any issue on appeal. The hearing officer also has the discretion to exclude evidence it deems needlessly repetitive.
E. 
The hearing officer shall issue the decision within five business days of the hearing, and the decision shall be final. The decision shall include reference to Code of Civil Procedure Sections 1094.5 and 1094.6.
(Ord. 1174 §1, 2014)