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Home My WebLink AboutCC ORD 1990-1990 Adds Ch. 10.20, illegal drug activity (10.20)ORDINANCE NO. 1990 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADDING CHAPTER 10.20 TO THE NATIONAL CITY MUNICIPAL CODE REGARDING PREMISES USED FOR ILLEGAL DRUG ACTIVITY WHEREAS, Health and Safety Code §11570 declares every building or place used for the purpose of unlawfully selling, serving, storing, keeping, manufacturing or giving away any controlled substance, precursor or analog specified in Health and Safety Code §§11000, et seq. , and every building or place wherein or upon which those acts take place, is a nuisance; and WHEREAS, Health and Safety Code S11366 provides that it is a crime for any person to open or maintain any place for the purpose of unlawfully selling, giving away, or using any controlled substance specified therein; and WHEREAS, Health and Safety Code S11633.5 provides that it is a crime for any person who has under his or her management or control any building, room, space or enclosure, either as an owner, lessee, agent, employee or mortgagee, who knowingly rents, leases, or makes available for use, with or without compensation, the building, room, space or enclosure for the purpose of unlawfully manufacturing, storing, or distributing any controlled substance for sale or distribution; and WHEREAS, Code of Civil Procedure S1161(4) provides that a tenant of real property is guilty of unlawful detainer and the rental or lease may be terminated in the event that the tenant maintains, commits, or permits the maintenance or commission of a nuisance upon the demised premises or uses such premises for any unlawful purpose; and WHEREAS, Code of Civil Procedure S1161(4) further provides that the landlord shall be entitled to possession of such premises after three (3) days notice to quit is served upon a tenant who commits a nuisance or uses such premises for an unlawful purpose and shall be entitled thereafter to commence a civil action in unlawful detainer; and WHEREAS, Health and Safety Code §11571 authorizes the City Attorney of National City, whenever there is reason to believe that a nuisance as described in Health and Safety Code §11570 is kept, maintained or exists, to bring an action to abate and prevent the nuisance; and WHEREAS, Health and Safety Code §11571.5 provides that an action to abate a nuisance as described in Health and Safety Code §11570 may be taken by the City Attorney of National City within which the nuisance exists, is kept or is maintained, and further, that such action by a city attorney shall be accorded the same precedence as an action maintained by the district attorney of the county. WHEREAS, state and local law authorizes the City Attorney of National City to prosecute violations of the National City Municipal Code; and WHEREAS, Health and Safety Code §11570 creates a statutory nuisance per se for the activity described therein. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of National City that Chapter 10.20 is added to the National City Municipal Code, to read as follows: CHAPTER 10.20 PREMISES USED FOR ILLEGAL DRUG ACTIVITY Sections: 10.20.010 10.20.020 10.20.030 10.20.040 10.20.050 10.20.060 10.20.070 10.20.080 Definitions Prohibition Notice of Violation Failure to Comply with Notice of Violation Declaration of Public Nuisance Construction Severability Declaration of Urgency 10.20.010 Definitions. The following definitions apply to this chapter: A. "Owner" means an owner of title or interest, landlord, lessor, sublessor, lessee, manager, representative or agent, employee or mortgagee, including any person, firm, corporation, partnership or other entity. B. "Occupant" means resident, tenant, subtenant, lessee, sublessee, or any person not a trespasser, possessing, occupying or using premises. 2 C. "Premises" means building, place, room, space, enclosure, vessel, or appurtenances thereof, including common areas, garage facilities, driveways, alleyways, stairwells and elevators. D. "Controlled substance" means any substance, precursor or analog, specified in Health and Safety Code §11000 et seq. E. "Drug dealing activities or purposes" means illegal possession, or possession for sale, serving, storing, keeping, manufacturing, or giving away, of illegal controlled substances in, upon, or from the premises. F. "Drug -related nuisance" means any activity commonly associated with illegal drug dealing, including but not limited to excessive noise, excessive traffic, steady foot traffic day and night to the premises, public use of illegal controlled substances, barricaded premises, or the sighting of weapons, brought to the attention of the owner by occupants, persons within the community, employees of the city or law enforcement agencies. 10.20.020 Prohibition. An owner shall not knowingly cause, permit, allow, aid or abet drug dealing activities or purposes, or a drug -related nuisance, as defined herein. 10.20.030 Notice of Violation; Order. If the City Attorney determines that certain premises within the city are being used or maintained in violation of §10.20.020, the City Attorney may order the owner to comply with the requirements of this chapter. The order shall be given to the owner either by personal service or by a letter sent certified mail. The order shall include a description of the premises and information establishing that the premises are being used in violation of §10.20.020. Nothing herein shall be interpreted as authorizing the release of information which would violate an individual's right to privacy or any other applicable provision of law that precludes the release of public records. Nothing herein shall authorize a search of any premises or seizure of any property by an owner under color of authority of the City of National City or any employee or official thereof. 10.20.040 Failure to Comply with Notice of Violation. Within 60 days of receipt of the notice and order described in §10.20.030, an owner shall in good faith, if required by §10.20.030, give notice as required by law and bring an action to recover possession of and to evict from, premises described therein. If the owner fails to comply with this section, the City Attorney may take any lawful action to enforce this chapter. Good faith compliance may be shown by the owner obtaining the voluntary surrender of the premises from the occupant, the owner commencing and prosecuting an unlawful detainer proceeding, or by the owner pursuing any other lawful means to obtain possession from the occupant. 3 10.20.05-0 Declaration of Public Nuisance.. In addition to any other enforcement action, the City Attorney may declare an alleged violation of 510.20.020 or the activities, described therein to constitute a public nuisance and may commence abatement of the conditions giving rise thereto in accordance with Health and Safety Code 511570. 10.20.060 Construction.- Nothing contained in- this •chapter shall be construed to be interpreted in such a way as to create a principal -agent relationship• between the City and the owner. Nothing herein shall prohibit the owner from complying with said section by commencing and prosecuting unlawful detainer proceedings based on legal grounds other than drug activity. 10.20.-070 Severability. If any section, sentence, clause, phrase, or portion of this chapter is for any reason held to be invalid or unconstitutional by •any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of- this chapter. It is hereby declared that this chapter and each section, subsection,- sentence,- clause, phrase, part, or portion thereof, would have been adopted or passed irrespective of the fact that any one or more •sections, sentences, clauses, phrases, parts, or portions be declared invalid or unconstitutional. PASSED and ADOPTED this 27th day of MARCH George Waters, Mayor ATTEST: 4 eA), C Lor Anne Peoples, City Clerk APPROVED AS TO FORM: :Mr George H. Eiser, III City Attorney , 1990. Passed and adopted by the Council of the City of National City, California, on 3/27/90 by the following vote, to -wit: Ayes: Councilmen Nays: Councilmen Absent: Councilmen Abstain: Councilmen Dalia, Inzunza? Pruitt? Van Deventer? Waters None None AUTHENTICATED BY: None GEORGE H. WATERS By: Mayor of the City of National City, California City Clerlt of the City of National City, California Deputy I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar days had elapsed between the days of its introduction and the days of its final passage, to wit, on 3 / 13 / 90 and on 3/27/90 I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council and that there was available for the consideration of each mem- ber of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and cor- rect copy of ORDINANCE NO. 1990 of the City of National City, passed and adopted by the Council of said City on 3/27/90 (Seal) By: City Clerk of the City of National City, California Deputy