Chapter 9.33
EVICTIONS FOR UNLAWFUL DRUG ACTIVITY
Sections:
9.33.040 Unlawful detainer action required.
9.33.050 Notification from the City.
9.33.060 Landlord’s compliance following notification.
9.33.070 Action to abate a nuisance.
9.33.010 Purpose and intent.
This chapter is enacted in view of the following facts and circumstances:
(A) California Health and Safety Code Section 11570 provides that it is a nuisance for a building or place to be used for the purpose of unlawfully selling, serving, storing, keeping, manufacturing or giving away any controlled substance.
(B) California Health and Safety Code Section 11366 provides that it is a criminal act for any person to open or maintain any place for the purpose of unlawfully selling, giving away or using any controlled substance.
(C) California Health and Safety Code Section 11366.5 provides that it is a criminal act 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, to knowingly: rent, lease or make 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.
(D) California Code of Civil Procedure Section 1161(4) provides that any tenant or subtenant of real property who maintains, commits or permits the maintenance or commission of a nuisance upon the demised premises, or uses such premises for an unlawful purpose, thereby terminates the lease, and the landlord shall, upon service of three days’ notice to quit upon the person or persons in possession, be entitled to restitution of possession of such demised premises.
(E) California Health and Safety Code Section 11571 authorizes the City Attorney of the City, whenever there is reason to believe that a building or place is being used for the purpose of unlawfully selling, serving, storing, keeping, manufacturing, or giving away any controlled substance, to maintain an action to abate and prevent such nuisance and perpetually to enjoin the person conducting or maintaining it, and the owner, lessee, or agent of the building or place, in or upon which the nuisance exists, from directly or indirectly maintaining or permitting the nuisance.
(F) The City Council desires to enact local legislation complementary to and in furtherance of the above-recited state law in order to accomplish the following:
(1) To encourage every person who has under his or her management or control any rental unit, as defined herein, either as an owner, lessor, agent, employee or mortgagee, to initiate appropriate action to eliminate the use of any such rental unit for unlawful drug-dealing activities or purposes;
(2) To encourage and assist owners, lessors, agents, employees or mortgagees of rental units in their efforts to eliminate the use of such rental units for unlawful drug-dealing activities or purposes through reliance upon the unlawful detainer procedures set forth in California Code of Civil Procedure Section 1159 et seq.;
(3) To authorize and enable the City Attorney to take action against owners, lessors, agents, employees or mortgagees of rental units who refuse to take appropriate action to eliminate the use of their rental units for unlawful drug-dealing activities or purposes. (Ord. 994 § 1, 1993)
9.33.020 Definitions.
As used in this chapter, the following terms and phrases shall be defined as follows:
(A) “Controlled substance” means any drug, substance or immediate precursor thereof, as identified in the Uniform Controlled Substance Act, California Health and Safety Code Section 11054 et seq.
(B) “Drug-related nuisance” means the possession, maintenance or use of a rental unit for the purpose of unlawfully selling, serving, storing, keeping, manufacturing, using or giving away any controlled substance.
(C) “Landlord” means and includes any individual or entity, or an agent or other representative thereof, who is an owner, lessor or sublessor of a rental unit, and who receives or is entitled to receive payment for the use of any rental unit.
(D) “Rental unit” means any dwelling unit, including any single-family residence, apartment, duplex, triplex and condominium in the City, including the land and the buildings appurtenant thereto, and including common areas, garage facilities, alleyways, stairwells and elevators. This term shall also include a mobile home where rent is paid for the use of such mobile home, or for the land on which it is located. This term shall further include a recreational vehicle, as defined in California Code of Civil Procedure Section 799.24, if located in a mobile home park and if rent is paid for the use of the recreational vehicle or for the land on which it is located.
(E) “Tenant” means a tenant, subtenant, lessee, sublessee, or any other person who is entitled to use or occupy a rental unit.
(F) “Unlawful drug-dealing activities or purposes” means the unlawful use or possession of a controlled substance, or the unlawful manufacture, storage or distribution of any controlled substance for sale or distribution, in a rental unit, or in other units within a rental complex, or on the common area grounds of the rental complex, or within 50 yards of the complex containing the rental unit. (Ord. 994 § 1, 1993)
9.33.030 Prohibition.
No landlord shall knowingly cause or permit any rental unit to be used or maintained for any unlawful drug-dealing activities or purposes, nor shall any landlord knowingly cause or permit any drug-related nuisance to be maintained within or adjacent to a rental unit. (Ord. 994 § 1, 1993)
9.33.040 Unlawful detainer action required.
Unless otherwise excepted under the provisions of this chapter, every landlord shall give notice as required by law and bring an action within 30 days after the occurrence of any of the following:
(A) The landlord’s reasonable determination that a tenant is using a rental unit, or allowing a rental unit to be used, for unlawful drug-dealing activities or purposes.
(B) The landlord’s reasonable determination that a tenant is committing or permitting to exist a “drug-related nuisance” in a rental unit or the appurtenances thereof, or in other units within a rental complex, or in the common areas of the complex containing the rental unit.
(C) Receipt of notification as provided for in PMC 9.33.050. (Ord. 994 § 1, 1993)
9.33.050 Notification from the City.
If the Sheriff’s Department determines that a rental unit is being used for illegal drug-dealing activities or purposes, or that a rental unit constitutes a drug-related nuisance, and the City Attorney concurs in such determination, the City Attorney shall notify the landlord in writing, by personal service or certified mail, with return receipt requested, of the unlawful drug-dealing activities or purposes, or of the drug-related nuisance at said rental unit and of the landlord’s obligations under this chapter. The City Attorney shall provide to the landlord sufficient documentation to establish that the rental unit is being used or maintained for unlawful drug-dealing activities or purposes, or constitutes a drug-related nuisance. Nothing herein shall be construed as authorizing the release of documentation which would violate an individual’s right to privacy or any applicable provision of law that precludes the release of law enforcement records. Nothing herein shall authorize a search of any rental unit or the seizure of any property by a landlord under color of authority of the City or any employee or official thereof. (Ord. 994 § 1, 1993)
9.33.060 Landlord’s compliance following notification.
Every landlord shall in good faith comply with its obligations under this chapter following receipt of the notification provided for in PMC 9.33.050. Such good faith compliance may be evidenced by any of the following:
(A) By the landlord obtaining the voluntary surrender of the rental unit by the tenant within 30 days after landlord’s receipt of notification;
(B) By the landlord bringing an action in unlawful detainer as requested by PMC 9.33.040;
(C) By the landlord responding in writing, to the satisfaction of the City Attorney, that an action in unlawful detainer is neither supported by the documentation provided by the City, nor by the landlord’s personal knowledge of the tenant’s activities at or adjacent to the rental unit. (Ord. 994 § 1, 1993)
9.33.070 Action to abate a nuisance.
In addition to any other remedies provided by this chapter or by applicable state statutes, the City Attorney may determine that a landlord’s violation of any provisions of PMC 9.33.030 or 9.33.040 hereof constitutes a nuisance, and may, pursuant to California Health and Safety Code Section 11571 et seq., commence an action to abate and prevent the nuisance and perpetually to enjoin the person conducting or maintaining it, and the landlord of the rental unit, in or upon which the nuisance exists, from directly or indirectly maintaining or permitting the nuisance. (Ord. 994 § 1, 1993)
9.33.080 Construction.
Nothing contained in this chapter shall be construed or interpreted to create a principal-agent relationship between the City and a landlord. (Ord. 994 § 1, 1993)
9.33.090 Violations.
Any person who knowingly or wilfully violates any provision of this chapter is guilty of a misdemeanor and upon conviction is punishable as provided for in Chapter 1.12 PMC. (Ord. 994 § 1, 1993)