V. Offenses Against Property
Chapter 9.20
COMMUNITY SAFETY
Sections:
9.20.010 Findings and purpose.
9.20.020 Definitions.
9.20.030 Scope of application.
9.20.040 Dual responsibility.
9.20.050 Authority.
9.20.060 Safety violations prohibited.
9.20.070 Notice to property owner.
9.20.080 Safety violation enforcement and fines.
9.20.090 Civil penalties.
9.20.100 Right to a hearing.
9.20.110 Hearing request.
9.20.120 Hearing notice.
9.20.130 Hearings generally.
9.20.140 Record of oral evidence at hearing.
9.20.150 Right of parties.
9.20.160 Inspection of premises.
9.20.170 Decision of the Hearing Officer – Appeal.
9.20.180 Enforcement of Hearing Officer orders.
9.20.190 Collection of delinquent costs of abatement, Administrative Expenses, and penalties.
9.20.200 Use of fees and penalties.
9.20.010 Findings and purpose.
A. The City Council finds that:
1. Behaviors and activities of a person(s) on real property within the City may constitute a public nuisance and thereby a significant risk to public safety when such behaviors and activities are associated with the ongoing occurrence of criminal activity.
2. Unabated criminal activity occurring on or initiating from private property adversely affects the security, safety, welfare, and property values of a neighborhood and community.
3. Each Owner of real property within the City is responsible for monitoring his/her Property and for taking appropriate and reasonable action to prevent or address behaviors or activities occurring on his/her Property that contribute to crime and create public nuisances. When a Property Owner, after receiving notice hereunder, fails to take appropriate and reasonable action to prevent and/or address such behaviors and activities it is necessary for the health, safety, and welfare of the neighborhoods and the City as a whole, that the City is able to undertake administrative or judicial action.
4. Because behaviors and activities that are associated with ongoing occurrence of criminal activity or crime have a substantial negative impact upon individuals, neighborhoods and the City as a whole, the City Council, in adopting this chapter, finds that such activities and behaviors constitute a public nuisance and finds further that the administrative penalties imposed for a violation of this chapter are justified and necessary to protect the property, health, safety and welfare of this community.
5. Community safety must be protected in a way that does not result in housing discrimination or evictions based upon prejudice, unsubstantiated fear, or personal animosities. Nothing in this chapter exempts Property Owners from strict compliance with state and federal housing laws, including, but not limited to, laws regarding evictions, retaliatory or discriminatory conduct or invasion of privacy.
B. Based on these findings, the purpose of this chapter is:
1. To provide administrative and civil remedies against Property Owners who permit, allow, or fail to prevent ongoing behaviors and activities to occur on their properties or occur on adjacent public property or adjacent unoccupied private property but which are initiated from the Property Owner’s Property, and that are public nuisances and compromise public safety.
2. It is not the purpose of this chapter to subject Property Owners to any liability resulting from a tenant’s or guest’s actions occurring away from the Owner’s Property.
(Ord. 1794, Amended, 01/08/2008; Ord. 1765, Amended, 08/08/2006; Ord. 1703, Amended, 05/31/2005)
9.20.020 Definitions.
A. “Administrative expenses” shall include, but not be limited to:
1. The costs associated with any hearings before a Hearing Officer.
2. City’s personnel costs, direct and indirect, incurred in enforcing this chapter and in preparing for, participating in or conducting any hearings subject to this chapter, including but not limited to attorneys’ fees.
3. The cost incurred by the City in documenting the safety violations, including, but not limited to, the actual expense and costs of the City responding to the safety violation(s); investigating and enforcing statutory crimes related to the safety violation, including, but not limited to, court appearances; conducting inspections; attending hearings; and preparing notices, administrative citations, and orders.
B. “Chief of Police” shall mean the Chief of Police or his/her designee.
C. “City” shall mean the City of Vacaville.
D. “City Manager” shall mean the City Manager of the City of Vacaville or his or her designee.
E. “Drug-related nuisance” means any activity related to the possession, sale, use or manufacturing of an illegal drug or narcotic that creates an unreasonable interference with the comfortable enjoyment of life, property, or the safety and welfare of the residents of the property, the neighborhood, or the public. These activities include, but are not limited to, any activity commonly associated with illegal drug use and dealing, such as noise, steady foot and vehicle traffic day and night to a particular property, possession of weapons, drug loitering as defined in California Health and Safety Code Section 11532, as amended from time to time, possession of stolen property, identity theft, possession of property with serial numbers removed, evidence of forgery or fraud, or other drug-related activities.
F. “Enforcement Officer” shall mean any person authorized by the Chief of Police pursuant to this chapter to enforce violations of this chapter.
G. “Gang-related crime” means any crime motivated by gang membership in which the perpetrator, victim, or intended victim is a known member of a criminal street gang.
H. “Guest” or “Guests” shall mean an individual or individuals other than an occupant or a tenant who, for any length of time, is (are) on the Real Property in question by permission, tacit approval, or constructive knowledge and acceptance of the tenant or occupant.
I. “Hearing Officer” shall mean any person designated by the Chief of Police to preside over the administrative hearings pursuant to this chapter. The designated Hearing Officer should have knowledge of property management and rental housing laws and procedures.
J. “Industry Representative” may be a representative from any one of the following organizations: California Apartment Association Institute of Real Estate Management, the Vacaville Chamber of Commerce or such other similar local group as selected by a recipient of an administrative citation and approved by the Chief of Police.
K. “Owner” and “Property Owner” have the same meaning and may be used interchangeably and shall mean the owner or owners of record of the subject Real Property as shown on the latest equalized tax assessment role of Solano County or as otherwise actually known to the Chief of Police.
L. “Person” means individuals, corporations, associations, partnerships, limited liability companies, trustees, lessees, agents and assignees.
M. “Real Property” and “Property” have the same meaning and may be used interchangeably and shall mean the lot or parcel of land for which the Owner has legal Ownership or exercises custody or control thereof.
N. “Tenant” or “Occupant” have the same meaning and may be used interchangeably and shall mean that person (or those persons) utilizing, residing at, or occupying the Real Property in question.
(Ord. 1794, Amended, 01/08/2008; Ord. 1765, Amended, 08/08/2006; Ord. 1703, Amended, 05/31/2005)
9.20.030 Scope of application.
A. The provisions of this chapter shall apply to all real property whether owner occupied or a rental property, whether residential, commercial, industrial, improved, or unimproved, throughout the City wherein any of the Safety Violations are found to exist.
B. A criminal conviction is not required for establishing the occurrence of a Safety Violation pursuant to this chapter.
C. The remedies set forth in this chapter are cumulative and additional to any and all other legal remedies available whether set forth elsewhere in the Vacaville Municipal Code, or in state or federal laws, regulations, or case law.
(Ord. 1703, Added, 05/31/2005)
9.20.040 Dual responsibility.
A. Every Person owning, possessing, or having charge or control of Real Property within the City is required to manage that Property and control the environment thereon in a manner so as not to violate the provisions of this chapter. The Owner of Real Property shall be liable for Safety Violations as set forth in detail herein, regardless of any contract or agreement with any third party regarding the Property.
B. Every Tenant, Occupant, lessee, or holder of any possessory interest in Real Property shall:
1. Comply with all federal, state, and local laws applicable to the Property.
2. Supervise or cause to be supervised anyone utilizing, residing at, or occupying the Property, with or without the consent of the Owner, consistent with this chapter.
3. Maintain the Property in a manner so as not to violate the provisions of this chapter.
(Ord. 1703, Added, 05/31/2005)
9.20.050 Authority.
The Chief of Police shall be responsible for administering and enforcing the provisions of this chapter. The Chief of Police shall have the authority to designate employees as Enforcement Officers in conformance with this chapter to assist with enforcement responsibilities of this chapter, including, but not limited to, the issuance of administrative citations.
(Ord. 1703, Added, 05/31/2005)
9.20.060 Safety violations prohibited.
It is hereby declared a violation of this chapter for a Property Owner with actual or constructive knowledge, whether through the Owner or Owner’s agent, lessee, sublessor, sublessee, or Occupant, to allow, permit or fail to prevent a Safety Violation (as defined herein) to occur on the Real Property of the Owner, or that is committed by the Real Property tenant, occupant, or guest and initiates from the Real Property of the Owner but occurs in whole or in part on adjacent public property or adjacent unoccupied private property and that impacts the immediate neighborhood, when the Safety Violation occurs on a repeated basis or after receipt of a notice as set forth herein. A Safety Violation consists of any of the following activities or behaviors (“Safety Violation”):
A. Evidence of the illegal manufacture, cultivation, sale, use, or possession of controlled substances or other illegal drugs and substances.
B. Any Drug-related nuisance discovered by a police officer during a lawful search of a premises when the search was based on reliable information that the occupants were illegally using, manufacturing, selling, or in the possession of a controlled substance or other illegal drug or substance.
C. Any Drug-related nuisance occurring within one year of an arrest on the premises for any activity set forth in subsection A of this section.
D. Any act of prostitution evidenced by the arrest of one or more persons.
E. Any gang-related crime.
F. The unlawful possession, discharging, or brandishing of a firearm or weapon by any person.
G. Violent criminal acts, whether or not a criminal case is filed, including, but not limited to, rape, attempted rape, robbery, battery, homicide, shooting, kidnapping, or arson.
H. Disturbances occurring at parties or gatherings at which alcohol or drugs are consumed or used and a crime of violence or a crime against a juvenile has occurred.
I. Allowing the occupancy load to exceed the permitted number within a Public Assembly, as established by the California Building Code, when alcohol and/or drugs are being consumed or accessible to the gathering.
J. Any criminal activity which constitutes a public nuisance under the law. The City Manager shall make the final determination regarding whether to initiate enforcement (either administrative or civil) of a Safety Violation pursuant to this subsection.
(Ord. 1794, Amended, 01/08/2008; Ord. 1765, Amended, 08/08/2006; Ord. 1703, Added, 05/31/2005)
9.20.070 Notice to property owner.
A. To commence enforcement of this chapter, the Chief of Police shall, within a reasonable period of time from the date of a Safety Violation as defined herein, notify the Property Owner of the occurrence of a Safety Violation on the Owner’s Property. The notice shall be served on the Property Owner by personal service or certified mail at the address listed on the latest tax assessment roll. If the Owner lives out of state or will not accept certified return receipt mail, then service may be made by first-class mail. When the Owner of the property cannot be located after a diligent search, service may be made by publication in the local newspaper of general circulation, which is most likely to give actual notice to the Owner.
B. When the Chief of Police notifies an Owner of rental property of a Safety Violation allegedly caused by a specific Tenant or the Tenants of a specific unit or Property, the Chief of Police shall concurrently give written notice thereof to the property manager, when one exists, and the specific Tenant(s) of a unit or Property. The notice to the Tenant(s) need not be given when the Chief of Police determines that doing so would endanger persons or compromise an ongoing police investigation.
C. The notice shall provide information on how to schedule an informal meeting with the Chief of Police at which the Owner and/or Tenant shall be given the opportunity to demonstrate that he or she is not causing, allowing, permitting, or failing to prevent a Safety Violation and/or to discuss abatement methods.
D. The notice shall also contain the following information:
1. The address where the Safety Violation is occurring.
2. A statement specifying the activities and behaviors which constitute the Safety Violation, including the names (when known) of the Person or Persons allegedly causing the Safety Violation, and may include reasonable actions which the Chief of Police directs the Property Owner to take to abate the violation.
3. A statement directing the Owner to abate the Safety Violation within 30 calendar days of the date of notice. An Owner may, in writing, request an extension of time to abate the violation. The extension may be granted, in writing, if the Owner is making good-faith efforts and those efforts are delayed due to judicial proceedings relating to the property.
4. A statement informing the Owner that if any Safety Violations reoccur after 30 calendar days of the date of notice, administrative citation, including a penalty not to exceed one thousand dollars for each new Safety Violation that occurs, may be issued and imposed upon the Owner and the Owner may be responsible for any associated Administrative Expenses.
5. A statement that the Owner must, in responding to the notice and working with Tenants, comply with all applicable federal, state and local regulations relating to evictions and prohibitions against discrimination.
6. When the Chief of Police determines that mediation could facilitate the abatement of the safety violation, a statement that the Owner may participate in an informal mediation program designed to foster cooperation between Property Owners, and other interested persons, including the City.
E. After an initial notice, the City shall not be responsible for providing notice pursuant to this section prior to issuance of a citation for subsequent Safety Violations on the same Real Property owned by the same Property Owner, that occur within the latter of:
1. Five hundred forty-eight (548) days of mailing or publication of the initial notice;
2. Five hundred forty-eight (548) days following the Hearing Officer’s decision pursuant to Section 9.20.170; or
3. Within 548 days from a previously issued citation that was exempt from the notice procedure under subsection E.(1) or (2) of this section.
(Ord. 1794, Amended, 01/08/2008; Ord. 1765, Amended, 08/08/2006; Ord. 1703, Added, 05/31/2005)
9.20.080 Safety violation enforcement and fines.
A. A violation of this chapter may result in any or all of the following actions and/or fines:
1. Institution of a civil action by the City Attorney, or his or her designee as set forth in Section 9.20.090 below.
2. Issuance of administrative citation(s) and/or an order to abate the Safety Violation(s) with a fine for each and every Safety Violation of one thousand dollars, plus any Administrative Expenses incurred in the enforcement of this chapter. Each day the Safety Violation(s) continue shall be deemed a new violation subject to additional citations, fines and Administrative Expenses. Written notice shall be provided to the recipient of a citation or order to abate advising that the recipient may request a hearing as set forth in the provisions of Section 9.20.110.
B. Fines will not be enforced, nor will a civil action be commenced, when the Chief of Police determines that the Owner is making a good-faith effort to abate the Safety Violation. Indicia of good faith may include prompt responses to City communications and requests, active professional property management, and other steps taken to remedy the conditions contributing to the Safety Violation.
C. All fines and Administrative Expenses shall be the obligation of the Owner and are due and payable within 10 days of issuance of the citation, provided that when a request for a hearing is made, the fines and Administrative Expenses shall be due and payable within 10 days of the date of the Hearing Officer’s written decision. Any fine or Administrative Expense not paid within the time limits set forth, shall be collected pursuant to the procedure set forth in this chapter.
(Ord. 1765, Amended, 08/08/2006; Ord. 1703, Added, 05/31/2005)
9.20.090 Civil penalties.
A. The administrative enforcement described herein notwithstanding when the Chief of Police determines that the Owner is not making a good faith effort to abate the Safety Violation, the City Attorney, or his or her designee, may bring a civil action for injunctive relief and civil penalties pursuant to California Health and Safety Code §§ 11570 et seq. and California Penal Code §§ 11225 et seq., in an amount not to exceed twenty five thousand dollars, against any Owner who violates this chapter.
B. In any civil action brought pursuant to this chapter, the court may award reasonable attorney fees and costs to the prevailing party.
(Ord. 1765, Amended, 08/08/2006; Ord. 1703, Added, 05/31/2005)
9.20.100 Right to a hearing.
The Property Owner has the right to request a hearing in response to a citation issued pursuant to this chapter.
(Ord. 1703, Added, 05/31/2005)
9.20.110 Hearing request.
A. Requests for hearing shall be made in writing to the Chief of Police.
B. A request for hearing to contest a citation shall be made within 10 calendar days after receipt of the citation.
C. When a request for hearing is not filed within the time period set forth in subsection B of this section, the citation shall be deemed to be undisputed by the Property Owner and shall be final.
(Ord. 1765, Amended, 08/08/2006; Ord. 1703, Added, 05/31/2005)
9.20.120 Hearing notice.
A. Upon the Property Owner’s request for a hearing, the Chief of Police shall issue a hearing notice as set forth in Section 9.20.070.A above. The notice shall contain:
1. A copy of the citation at issue.
2. Direction to the Owner to appear before a Hearing Officer at a stated time, but in no event less than 10 calendar days after mailing of the hearing notice.
3. The abatement action(s) the Owner may be asked to take if the matter is not resolved before or during the hearing.
(Ord. 1703, Added, 05/31/2005)
9.20.130 Hearings generally.
At the time set for the hearing, the Hearing Officer shall conduct the hearing in an informal manner and shall proceed to hear the testimony of City staff, the Owner, any Tenants, and other persons regarding the behaviors and activities creating the alleged Safety Violation, the steps necessary to abate the violation, and, when applicable, the imposition of an administrative penalty. Although the formal rules of evidence will not apply, testimony will be given under penalty of perjury. The Hearing Officer may admit into evidence all relevant evidence, including, but not limited to, incident reports, arrest reports, and the affidavits or declarations of witnesses; limit the scope of discovery; shorten the time to produce records or witnesses; exclude witnesses from the hearing when not testifying; exclude disorderly or disruptive persons from the hearing; and make other orders necessary to ensure the fair and orderly conduct of the hearing. The Property Owner may have an Industry Representative serve as an advisor to the Owner and the Industry Representative may present relevant evidence and testify on behalf of the Owner. The Hearing Officer shall consider the information provided by such advisor regarding standards of practice, as well as the reasonableness of any remedy.
(Ord. 1794, Amended, 01/08/2008; Ord. 1703, Added, 05/31/2005)
9.20.140 Record of oral evidence at hearing.
A. The proceedings at the hearing shall be recorded by an audio recording device.
B. The Owner may make his/her own recording of the hearing or may request and receive a copy of the recording taken by the Hearing Officer.
C. Either party may provide a certified shorthand reporter to maintain a record of the proceedings at the party’s own expense.
(Ord. 1794, Amended, 01/08/2008; Ord. 1703, Added, 05/31/2005)
9.20.150 Right of parties.
A. The parties participating in a hearing under this ordinance may be represented by an attorney or other person of the party’s choice.
B. When a party does not proficiently speak or understand the English language, the party may provide an interpreter, at the party’s own expense, to translate for the party. An interpreter shall not have any involvement I the issues of the case prior to the hearing.
(Ord. 1703, Added, 05/31/2005)
9.20.160 Inspection of premises.
The Hearing Officer may inspect the Property at issue prior to, during, or after the hearing, provided that:
A. Consent is granted by a person with the lawful right to grant consent or an inspection warrant is obtained;
B. The parties are given an opportunity to be present during the inspection;
C. The Hearing Officer shall state during the hearing, or file a written statement after the hearing and upon completion of the inspection, the material facts observed and the conclusions drawn there from; and
D. Each party shall then have a right to rebut or explain the matters so stated by the Hearing Officer during the hearing.
(Ord. 1703, Added, 05/31/2005)
9.20.170 Decision of the Hearing Officer – Appeal.
A. When it is shown by a preponderance of evidence that behaviors or activities occurring on a property constitute a Safety Violation and that the Owner of the Property did not take adequate steps to abate the Safety Violation, the Hearing Officer shall issue a written decision declaring the Property Owner in violation of this chapter. The Hearing Officer may affirm, reject, or modify any administrative fine and Administrative Expenses imposed on the Owner by the Chief of Police based upon the severity of the Safety Violation and the Owner’s efforts, or lack thereof, to remedy the situation.
B. The Hearing Officer may order the Owner to take such action he/she deems appropriate to abate the Safety Violation. The actions shall be reasonable and may include, by way of example:
1. Timely reporting of any further Safety Violations occurring on the Property of which the Property Owner, property manager or their respective agents have or should have knowledge;
2. Provision of additional exterior lighting;
3. The recommended posting of security personnel on the Property;
4. Installation of appropriate fencing;
5. Posting of signs on the Property, and provisions in rental applications and lease agreements, which state that illegal use of controlled substances and other Safety Violations on the Property shall be grounds for eviction;
6. Hiring a competent property management firm to manage the Property;
7. Hiring a competent resident manager who has experience, education, and training in rental property management;
8. Posting a sign(s) on the property setting forth the name, address and daytime and evening telephone numbers of the Owner or of a local property manager who is authorized to make decisions relating to management of the Property;
9. Obtaining education and training in rental property management;
10. Participation in the Vacaville crime free multi-housing program and achieving full program certification;
11. Such other reasonable actions as may be deemed appropriate by the Hearing Officer.
C. The Hearing Officer does not have the authority to order the Owner to evict a tenant or any other person from the Property.
D. The Hearing Officer’s decision shall inform the Owner that (1) the citation is upheld and the fine and any Administrative Expenses are due and payable within 10 calendar days and subject to Section 9.20.190 below; or (2) if the Safety Violation is not abated within the time specified by the Hearing Officer and the Owner has not complied with all orders of the Hearing Officer, an administrative fine in an amount not to exceed one thousand dollars and Administrative Expenses for each day the Safety Violation continues may be imposed upon the Owner and a special assessment may be placed against the property; or (3) that the citation is dismissed.
E. The Hearing Officer shall make the final administrative decision. The decision shall inform the Owner that the Owner may appeal the final administrative decision of the Hearing Officer within 20 days of service of the final administrative decision in accordance with California Government Code Section 53069.4.
F. The decision shall be posted on the Property and served upon the Owner in the manner set forth in Section 9.20.070.A above, and shall be sent by first-class mail to any Occupants other than the Owner, any holder of any mortgage or deed of trust or other lien or encumbrance of record, the owner or holder of any lease of record, and the holder of any other estate or legal interest of record in the Property. Failure to serve the decision on any Person specified herein shall not invalidate proceedings against any Person who is properly served.
(Ord. 1794, Amended, 01/08/2008; Ord. 1765, Amended, 08/08/2006; Ord. 1703, Added, 05/31/2005)
9.20.180 Enforcement of Hearing Officer orders.
The City Attorney or his or her designee may commence appropriate judicial action against any Owner who fails to abate a Safety Violation pursuant to the order of the Hearing Officer.
(Ord. 1703, Added, 05/31/2005)
9.20.190 Collection of delinquent costs of abatement, Administrative Expenses, and penalties.
When the costs, fines, and Administrative Expenses associated with abatement of the Safety Violation are not paid as required by the citation or order of the Hearing Officer, in addition to all other remedies available to the City, the City Council may:
A. Special Assessment. Order that the delinquent costs, fines, and Administrative Expenses be specially assessed against the property involved. When the City Council orders that the fine and Administrative Expenses be specially assessed against the Property, it shall confirm the assessment at a public meeting and thereafter said assessment may be collected at the same time and in the same manner as ordinary real property taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary real property taxes. Pursuant to Government Code Section 58773.5, notice of the imposition of the special assessment shall be given to the Owner by certified mail, if the Property Owner’s identity can be determined from the county assessor’s or county recorder’s records.
All laws and ordinances applicable to the levy, collection, and enforcement of said taxes are hereby made applicable to such special assessment; or
B. Lien. Impose the delinquent costs, fines, and Administrative Expenses associated with abatement of the Safety Violation as a lien against the Real Property pursuant to Government Code Section 58773.1, following confirmation of the lien amount at a public meeting.
Notice of the lien shall be given to the Real Property Owner in the same manner as summons in a civil action pursuant to California Code of Civil Procedure Section 415.10 et seq. If the Owner cannot be located after a diligent search, the notice may be served by posting a copy thereof in a conspicuous place upon the Property for a period of 10 days and publication thereof in a newspaper of general circulation published in Solano County.
A lien imposed pursuant to this section may be foreclosed by an action brought by the City for a money judgment. The City may recover from the Property Owner any costs incurred for the processing and recording of the lien and for providing notice to the Property Owner as part of its foreclosure action to enforce the lien; or
C. Personal Obligation. Institute an action in any court of competent jurisdiction against the Property Owner for the delinquent costs, fines, and Administrative Expenses associated with abatement of the Safety Violation.
(Ord. 1794, Amended, 01/08/2008; Ord. 1703, Added, 05/31/2005)
9.20.200 Use of fees and penalties.
All fees and penalties received by the City pursuant to this chapter shall be used to support administration and enforcement of this chapter.
(Ord. 1765, Amended, 08/08/2006; Ord. 1703, Amended, 05/31/2005)