The URL can be used to link to this page

Home My WebLink AboutCC ORD 2004-2253 Abatement of Premises Used for Illegal Drug ActivityORDINANCE NO. 2004 — 2253 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 10.20 PERTAINING TO ABATEMENT OF PREMISES USED FOR ILLEGAL DRUG ACTIVITY, GANG ACTIVITY OR THE SALE OR DISPLAY OF DRUG PARAPHERNALIA BE IT ORDAINED by the City Council of the City of National City that the National City Municipal Code is amended as follows: Section 1. That Title 10 is amended by amending Chapter 10.20 to read as follows: Chapter 10.20 PREMISES USED FOR ILLEGAL DRUG ACTIVITY, GANG ACTIVITY OR SALE OR DISPLAY OF DRUG PARAPHERNALIA Sections: 10.20.010 Definitions 10.20.020 Prohibition 10.20.030 Notice of violation —Order 10.20.040 Failure to comply with notice of violation 10.20.050 Declaration of public nuisance 10.20.060 Construction 10.20.070 Sale or display of drug paraphernalia —Prohibited 10.20.080 Severability 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 a resident, tenant, subtenant, lessee, guest or invitee, sublessee or any person not a trespasser, possessing, occupying or using premises. C. "Premises" means a building, place, room, space, enclosure, vessel or appurtenances thereof, including common areas, garage facilities, driveways, alleyways, stairwells and elevators. It includes residential, commercial and industrial property. D. "Controlled substance" means any substance, precursor or analog, specified in Health and Safety Code section 11000 et seq. Ordinance No. 2004 — 2253 Page 2 of 4 E. "Drug dealing activity or purpose" means any activity involving the illegal possession or possession for sale, or the serving, or the storing, keeping, manufacturing or transferring, 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. It shall include the sale or display of drug paraphernalia. G. "Drug paraphernalia", for purposes of this Chapter, is any merchandise, equipment, products or materials described in Health and Safety Code section 11364.5(d) which are designed for uses regulated by that section. Except as provided in section 10.20.070, the definition shall include cigarette rolling papers. H. "Gang activity" means activity described in Penal Code section 186.22, 186.26, or 186.28 that occurs on a "premise used by a criminal street gang", as those terms are used in Penal Code sections 186.22 through 186.28. I. "Premise(s) used by a criminal street gang" means a "premise" defined in Penal Code section 186.22a. J. "Gang related nuisance" means "gang activity" that is conducted at or from premises regulated by this Chapter 10.20. K. "Responsible party" is as defined in section 1.36.010, and includes an owner or occupant defined in this section. 10.20.020 Prohibition. A. No owner shall knowingly cause, permit, allow, aid or abet drug dealing activity or purpose, or a drug -related nuisance, gang activity or a gang related nuisance, as defined herein on premises owned or controlled by that owner. B. No occupant shall knowingly commit an act or permit, allow, suffer or aid and abet another occupant of that premise to commit an act constituting a drug dealing activity or purpose, a drug -related nuisance, gang activity or a gang related nuisance, as defined herein, on premises occupied or controlled by that occupant. C. Except as provided in section 10.20.070, violation of this subsection constitutes the maintenance of a public nuisance and may be prosecuted as a misdemeanor. No prosecution may be instituted against an owner, occupant or other responsible party under this section until that party is first notified by the City Attorney regarding the existence of the activity constituting the public nuisance in accordance with section 10.20.030 and has failed to abate the nuisance. Chapter 10.20 Illegal Drug Activity Ordinance No. 2004 — 2253 Page 3 of 4 10.20.030 Notice of violation —Order. If the city attorney determines that any premises within the city are being used or maintained in violation of section 10.20.020, the city attorney may order the owner or other responsible party of that premise to comply with the requirements of this Chapter. The order shall be given to the owner or other responsible party either by personal service or by a letter sent by both certified mail and first-class mail, the receipt of either shall constitute service of notice. The order shall include a description of the premises and information establishing that the premises are being used in violation of section 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 or any employee or official thereof. 10.20.040 Failure to comply with notice of violation. Within sixty days of receipt of the notice and order described in section 10.20.030, an owner shall in good faith, if required by section 10.20.030, give notice as required by law and bring an action to recover possession of and to evict an occupant or occupants from, premises described therein. If the owner fails to comply with this section, the city attorney may take civil or criminal action, or both, 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. 10.20.050 Declaration of public nuisance. In addition to any other enforcement action, the city attorney may declare an alleged violation of section 10.20.020 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 section 11570 or Chapter 1.36 of this code. It shall not be a prerequisite that an owner or occupant be convicted of an underlying offense or crime before a public nuisance may be declared to exist. 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 this chapter by commencing and prosecuting unlawful detainer proceedings based on legal grounds other than drug or gang related activity nor shall it preclude such proceedings because of a drug or gang related nuisance. Chapter 10.20 Illegal Drug Activity Ordinance No. 2004 — 2253 Page 4 of 4 10.20.070 Sale or display of drug paraphernalia —Prohibited. A. The sale or display of merchandise meeting the strict definition of "drug paraphernalia" is prohibited on all premises, excepting premises exempted by Health and Safety Code section 11364.5 (f). This section is regulatory only, and violation of this section shall be grounds for the revocation, suspension or denial of a permit or business license required for the lawful operation of a commercial or industrial business. The provisions and procedures of section 1.12.030 and Chapter 1.42 are applicable to violations of this section. B. This section shall not apply to cigarette rolling papers that are sold or displayed in connection with the sale of loose tobacco products. 10.20.080 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 19TH day of OCTOBER 2004. ATTEST: MichaelR. fa, ity Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Chapter 10.20 Illegal Drug Activity Passed and adopted by the Council of the City of National City, California, on October 19, 2004, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Ungab. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, California Cit?d,alle/AP te& y Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar days had elapsed between the day of its introduction and the day of its final passage, to wit, on October 5, 2004, and on October 19, 2004. 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 member 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 correct copy of ORDINANCE NO. 2004-2253 of the City Council of the City of National City, passed and adopted by the Council of said City on October 19, 2004. City Clerk of the City of National City, California By: Deputy