Chapter 8.25
PREMISES USED FOR DRUG-RELATED ACTIVITY
Sections:
8.25.020 Chief of Police authority to order corrective action by property owners.
8.25.030 Remedies – Civil penalty – Not exclusive.
8.25.010 Findings.
The Council finds as follows:
(1) That apartment buildings and other rental and owner-occupied properties in the City of Rio Dell are used by drug dealers and users to sell and use illegal and dangerous drugs.
(2) That such drug dealing and use may be accompanied by violence and threats of violence between drug dealers and against innocent citizens and bystanders.
(3) That regulating such activity has consumed significant resources of the City of Rio Dell.
(4) That many owners of such properties fail to take any action to stop it.
(5) That the existence of such properties in the City poses a serious threat to the health, safety, welfare, and security of the citizens of Rio Dell, including innocent inhabitants of these properties and neighboring residents. [Ord. 222 § 1, 1994.]
8.25.020 Chief of Police authority to order corrective action by property owners.
(1) Whenever the Chief of Police finds by a preponderance of the evidence that the unlawful sale, storage, manufacturing or giving away of an illegal drug, controlled substance, precursor or analog as defined in the Health and Safety Code has occurred in or about the premises of any privately owned property, he/she may order the property owner to take corrective action to abate the activity.
(2) Such corrective action may include, but is not limited to, the hiring of a resident manager or security guard, the installing of secure doors at the front and rear of the buildings, the posting of “no trespassing” signs in and on the property, the development of property rules which regulate the entrance to and egress from the property of nonresidents, and the institution of actions to remove any resident or others engaging in such illegal conduct on or about the premises.
(3) Prior to the City taking such action, the property owner shall be afforded not less than 10 calendar days’ written notice of the Chief of Police’s proposed actions, a general description of the basis therefor, and a reasonable opportunity to respond. No hearing shall be required at which evidence is required to be taken.
(4) The determination of the Chief of Police shall be based on a finding that a pattern and practice of illegal drug-related activity exists on or about the premises taking into account the totality of the circumstances including but not limited to the following:
(a) Excessive short-term visitors, for example 10 or more visits of five to 10 minutes in a 24-hour period;
(b) Information received from informants;
(c) The presence of known drug users or traffickers on the premises.
(5) Within five calendar days of an adverse determination by the Chief, the property owner may file a written appeal with the City Manager. No additional evidence or testimony shall be considered. No filing fee shall be required. The decision of the City Manager shall be final and effective immediately.
(6) The Chief of Police and City Manager may in their discretion take into account the prompt, good faith commencement and prosecution of eviction proceedings by the property owner in ordering corrective action by the property owner. [Ord. 222 § 2, 1994.]
8.25.030 Remedies – Civil penalty – Not exclusive.
(1) The remedies provided under this section are in addition to any the City or any person might have under applicable law.
(2) Any property owner shall be liable to the City of Rio Dell for a civil penalty of $100.00 per day for each day the property owner fails to comply with the actions ordered by the Chief of Police. All payments under this section shall be used exclusively for the purpose of enforcing the provisions of this chapter or for enforcing State statutes and regulations governing controlled substances.
(3) The failure to comply with the order of the Chief of Police or City Manager is hereby declared a nuisance and the City Attorney may bring a civil action under this section for injunctive and other relief.
(4) The unlawful sale, storage, manufacture, or giving away of a controlled substance, precursor or analog on private property or on public property immediately adjacent to private property is hereby declared to be a nuisance. Whether or not the Chief of Police or City Manager orders a private property owner to take corrective action, any person aggrieved by such a nuisance may bring an independent civil action against the private property owner of the property on or about which such activity has occurred for all appropriate relief, including damages, costs and reasonable attorney’s fees, which he/she may have actually incurred as a result of such activity.
(a) A “person aggrieved” is anyone who suffers unreasonable interference with their right to quietly use, enjoy or manage their premises due to the unlawful sale, storage, manufacture, or giving away of an illegal drug, controlled substance, precursor or analog on or in any property or dwelling unit.
(b) Every day that a person aggrieved suffers unreasonable interference with their right to quietly use, enjoy or manage their premises is a separate and distinct nuisance. [Ord. 222 § 3, 1994.]