Chapter 9.64
SEX OFFENDER RESIDENCY RESTRICTIONS
Sections:
9.64.020 Deleted.
9.64.030 Sex offender violation – One-family dwellings.
9.64.040 Sex offender violation – Two-family dwellings.
9.64.050 Sex offender violation – Multiple dwellings.
9.64.060 Deleted.
9.64.070 Sex offender violation – Hotel/motel/inn rooms.
9.64.080 Deleted.
9.64.090 Responsible party violation – One-family dwellings.
9.64.100 Responsible party violation – Two-family dwellings.
9.64.110 Deleted.
9.64.120 Responsible party violation – Multiple dwellings.
9.64.130 Deleted.
9.64.140 Responsible party violation – Hotel/motel/inn.
9.64.150 Deleted.
9.64.160 Offenses constituting nuisances.
9.64.170 Nuisances – Recovery of abatement expenses.
9.64.190 Criminal penalties do not satisfy administrative or civil actions.
9.64.200 Timing of application of this chapter.
9.64.010 Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
A. “Hotel” or “motel” shall have those meanings as set forth in Chapter 18.04.
B. “Inn” shall mean any boardinghouse, lodginghouse or roominghouse (as those terms are defined in Chapter 18.04).
C. “Multiple dwelling” shall have that meaning as set forth in Chapter 18.04. This includes apartment houses and condominiums, but does not include hotels, motels, or inns.
D. “One-family dwelling” shall have that meaning as set forth in Chapter 18.04.
E. “Owner’s authorized agent” shall mean any natural person, firm, association, joint venture, joint stock company, partnership, organization, club, company, corporation, business trust or the manager, lessee, agent, servant, office or employee authorized to act for the owner of a property.
F. “Permanent resident” shall mean any person who, as of a given date, obtained the right to occupy a dwelling including but not limited to a one-family dwelling, multifamily dwelling, two-family dwelling, hotel, motel, or inn for more than thirty consecutive days.
G. “Property owner” as applied to buildings and land shall mean the owner of record of any parcel of real property as designated on the county assessor’s tax roll, or a holder of a subsequently recorded deed to the property, and shall include any part owner, joint owner, tenant, tenant in common, or joint tenant, of the whole or part of such a building or land.
H. “Responsible party” shall mean the property owner and/or owner’s authorized agent.
I. “Sex offender” means any person for whom registration is required pursuant to Section 290 of the California Penal Code, regardless of whether that person is on parole or probation.
J. “Temporary resident” means any person who, for a period of thirty days or less, obtained the right to occupy a dwelling including, but not limited to, a hotel, motel or inn.
K. “Two-family dwelling” shall have that meaning as set forth in Chapter 18.04. (Ord. 1772 § 1 (part), 2017: Ord. 1765 § 1, 2016: Ord. 1705 § 1 (part), 2008)
9.64.030 Sex offender violation – One-family dwellings.
No sex offender shall be a permanent or temporary resident in a one-family dwelling already occupied by another sex offender, unless those persons are legally related by blood, marriage or adoption. (Ord. 1772 § 1 (part), 2017: Ord. 1705 § 1 (part), 2008)
9.64.040 Sex offender violation – Two-family dwellings.
No sex offender shall be a permanent or temporary resident in a two-family dwelling already occupied by another sex offender, unless those persons are legally related by blood, marriage or adoption. (Ord. 1772 § 1 (part), 2017: Ord. 1705 § 1 (part), 2008)
9.64.050 Sex offender violation – Multiple dwellings.
No sex offender shall be a permanent or temporary resident in the same dwelling unit of a multiple dwelling already occupied by another sex offender, unless those persons are legally related by blood, marriage or adoption. (Ord. 1772 § 1 (part), 2017: Ord. 1705 § 1 (part), 2008)
9.64.070 Sex offender violation – Hotel/motel/inn rooms.
No sex offender shall be a permanent or temporary resident in the same guest room of a hotel, motel, or inn already occupied by another sex offender, unless those persons are legally related by blood, marriage or adoption. (Ord. 1772 § 1 (part), 2017: Ord. 1705 § 1 (part), 2008)
9.64.090 Responsible party violation – One-family dwellings.
No responsible party shall knowingly rent a one-family dwelling to, or allow occupancy as a permanent or temporary resident by, more than one sex offender during any given period of tenancy, unless those persons are legally related by blood, marriage or adoption. (Ord. 1772 § 1 (part), 2017: Ord. 1705 § 1 (part), 2008)
9.64.100 Responsible party violation – Two-family dwellings.
No responsible party shall knowingly rent a unit within a two-family dwelling to, or allow occupancy as a permanent or temporary resident by, more than one sex offender during any given period of tenancy, unless those persons are legally related by blood, marriage or adoption. (Ord. 1772 § 1 (part), 2017: Ord. 1705 § 1 (part), 2008)
9.64.120 Responsible party violation – Multiple dwellings.
No responsible party shall knowingly rent a unit within a multiple dwelling to, or allow occupancy as a permanent or temporary resident by, more than one sex offender during any given period of tenancy, unless those persons are legally related by blood, marriage or adoption. (Ord. 1772 § 1 (part), 2017: Ord. 1705 § 1 (part), 2008)
9.64.140 Responsible party violation – Hotel/motel/inn.
No responsible party shall knowingly rent a guest room in a hotel, motel, or inn to, or allow occupancy as a permanent or temporary resident by, more than one sex offender, unless those persons are legally related by blood, marriage, or adoption. (Ord. 1772 § 1 (part), 2017: Ord. 1705 § 1 (part), 2008)
9.64.160 Offenses constituting nuisances.
Any two-family dwelling, hotel, motel, inn, multiple dwelling, or one-family dwelling operated or maintained in a manner inconsistent with the occupancy requirements of this chapter are declared to be unlawful and are defined as and declared to be public nuisances per se that are injurious to the public health, safety, and welfare. (Ord. 1772 § 1 (part), 2017: Ord. 1765 § 3, 2016: Ord. 1705 § 1 (part), 2008)
9.64.170 Nuisances – Recovery of abatement expenses.
A. In any civil action or proceeding, administrative proceeding, or special proceeding, including, but not limited to, those brought to abate a public nuisance, the prevailing party will be entitled to recovery of all staff time costs, costs of abatement, attorneys’ fees and expenses; provided, that attorneys’ fees will only be available in those actions or proceedings in which the city has provided notice at the commencement of such action or proceeding that it intends to seek and recover its own attorneys’ fees. In no action or proceeding will an award of attorneys’ fees exceed the amount of reasonable attorneys’ fees incurred by the city in the action or proceeding.
B. Moneys due the city pursuant to this chapter may be recovered in an appropriate civil action. Alternatively, such liability may be enforced by special assessment proceedings against the parcel of land upon which the nuisance existed, which proceedings must be conducted in a manner substantively similar to proceedings prescribed in Chapter 8.64 relating to assessment for abatement of property nuisances. (Ord. 1772 § 1 (part), 2017: Ord. 1705 § 1 (part), 2008)
9.64.180 Penalties.
Every person who violates any provision of this chapter shall be guilty of a misdemeanor and shall be subject to the penalties as set forth in Chapter 1.16. Each day that such violation exists shall be deemed a new and separate offense. (Ord. 1772 § 1 (part), 2017: Ord. 1705 § 1 (part), 2008)
9.64.190 Criminal penalties do not satisfy administrative or civil actions.
Neither the arrest, prosecution, conviction, imprisonment, or payment of any fine for the violation of this chapter shall satisfy or diminish the authority of the city to institute administrative or civil actions seeking enforcement of any or all of the provisions of this chapter. (Ord. 1772 § 1 (part), 2017: Ord. 1705 § 1 (part), 2008)
9.64.200 Timing of application of this chapter.
Notwithstanding anything to the contrary contained herein, this chapter shall apply to all sex offenders who establish a new residence within the city of Gardena after the effective date of this chapter, and to all responsible parties who allow occupancy by a sex offender within the city of Gardena after the effective date of this chapter. Nothing in this chapter is intended to limit the obligations of a sex offender to comply with the requirements of state law, including, but not limited to, California Penal Code Section 3003.5. (Ord. 1772 § 1 (part), 2017: Ord. 1705 § 1 (part), 2008)