Chapter 9.35
SEX OFFENDER RESIDENCY RESTRICTIONS

Sections:

9.35.010    Definitions.

9.35.020    Violation of residential exclusion zone.

9.35.030    Sex offender violation—Single-family dwellings.

9.35.040    Sex offender violation—Multifamily dwellings.

9.35.100    Responsible party violation—Single-family dwellings.

9.35.110    Responsible party violation—Multifamily dwellings.

9.35.200    Offenses constituting nuisances.

9.35.210    Nuisances—Recovery of abatement expenses.

9.35.220    Penalties.

9.35.230    Criminal penalties do not satisfy administrative or civil actions.

9.35.240    Timing and application of this chapter.

9.35.010 Definitions.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

(1) “Child” or “children” shall mean any person(s) under the age of eighteen years of age.

(2) “Child care center” shall have the same meaning as “child day care facility” as defined in Chapter 20.30 of this code.

(3) “Multifamily dwelling” shall mean a building or complex of several buildings designed for permanent residency for two or more families living independently of each other. This includes apartments and condominiums.

(4) “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.

(5) “Park” shall have the same meaning as defined in Chapter 9.48 of this code.

(6) “Permanent resident” shall mean any person who, as of a given date, obtained the right to occupy a single-family dwelling or multifamily dwelling for more than thirty consecutive days.

(7) “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.

(8) “Residential exclusion zone” shall include any and all areas located within two thousand feet of the closest property line of the subject property to the closest property line of a child care center, public or private school grades K through 12, or park.

(9) “Responsible party” shall mean the property owner and/or owner’s authorized agent.

(10) “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.

(11) “Single-family dwelling” means one permanent residential dwelling located on a single lot with yard areas that separate that dwelling from other dwellings.

(12) “Temporary resident” means any person who, for a period of thirty days or less, obtained the right to occupy a single-family dwelling or multifamily dwelling. (Ord. 939 § 1 (part), 2008)

9.35.020 Violation of residential exclusion zone.

No sex offender shall be a permanent or temporary resident in a residential exclusion zone. (Ord. 939 § 1 (part), 2008)

9.35.030 Sex offender violation—Single-family dwellings.

No sex offender shall be a permanent or temporary resident in a single-family dwelling already occupied by a sex offender, unless those persons are legally related by blood, marriage or adoption. (Ord. 939 § 1 (part), 2008)

9.35.040 Sex offender violation—Multifamily dwellings.

No sex offender shall be a permanent or temporary resident in a multifamily dwelling already occupied by a sex offender, unless those persons are legally related by blood, marriage or adoption. (Ord. 939 § 1 (part), 2008)

9.35.100 Responsible party violation—Single-family dwellings.

No responsible party shall knowingly rent a single-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. 939 § 1 (part), 2008)

9.35.110 Responsible party violation—Multifamily dwellings.

(1) No responsible party shall knowingly rent a unit within a multifamily 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.

(2) No responsible party shall knowingly rent more than one unit within a multifamily dwelling to, or allow occupancy as a permanent or temporary resident by, more than one sex offender during any given period of tenancy. (Ord. 939 § 1 (part), 2008)

9.35.200 Offenses constituting nuisances.

Any single-family dwelling or multifamily dwelling operated or maintained in a manner inconsistent with the occupancy requirements of this chapter or the restrictions of California Penal Code Section 3003.5 is declared to be unlawful and is defined as and declared to be a public nuisance per se that is injurious to the public health, safety, and welfare. (Ord. 939 § 1 (part), 2008)

9.35.210 Nuisances—Recovery of abatement expenses.

(1) 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 costs, 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.

(2) 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 6.20 of this code relating to assessment for abatement of property nuisances. (Ord. 939 § 1 (part), 2008)

9.35.220 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 1.08 of this code. Each day that such violation exists shall be deemed a new and separate offense. (Ord. 939 § 1 (part), 2008)

9.35.230 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. 939 § 1 (part), 2008)

9.35.240 Timing and application of this chapter.

Notwithstanding anything to the contrary contained herein, this chapter shall apply to all sex offenders who locate within Cerritos after the effective date of this chapter, and to all responsible parties who allow occupancy by a sex offender within the city of Cerritos to commence 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. 939 § 1 (part), 2008)