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Home My WebLink AboutMC-1049 Adopted: Effective: July 6, 1999 August 6, 1999 ORDINANCE NO. KC-1049 2 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION IX, NARCOTICS AND GANG-RELATED CRIME EVICTION PROGRAM, CHAPTER 9,95 3 TO TITLE 9 PUBLIC PEACE, MORALS AND WELFARE AND ESTABLISHING REGULATIONS APPLICABLE TO LANDLORDS RENTING PROPERTY UPON 4 WHICH SPECIFIED DRUG ANDIOR GANG RELATED ACTIVITIES ARE OCCURRING, 5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 6 DO ORDAIN AS FOLLOWS: 7 SECTION I. Section IX. Narcotics and Gang-Related Crime Eviction Program, Chapter 9.95 to Title 9, Public Peace, Morals and Welfare is hereby added to the San Bernardino 8 Municipal Code to read as follows: 9 "IX, NARCOTICS AND GANG-RELATED CRIME EVICTION PROGRAM II Seetions: 10 Chapter 9.95 12 13 14 15 16 17 18 9.95.010 9.95.020 9.95.030 9.95.040 9.95.050 9.95.060 9.95.070 9.95.080 9,95.010 Definitions. Duties of the landlord. Administrative procedures. Recovery of possession by landlord. Enforcement Penalties. Civil Remedies Available. Severability. Definitions, For purposes of this Chapter, the following definitions shall apply: A. 'Controlled Substance' shall mean any drug, substance, or immediate 19 precursor, as listed in the Uniform Controlled Substances Act, Health and Safety Code 9 11000, et. seq., 20 B. 'Drug-Related Nuisance' shall mean any activity related to the possession, 21 sale, use or manufacture of a controlled substance that creates an unreasonable interference with the comfortable enjoyment oflife, property and/or safety of residents of 22 the premises. Such activity includes, but is not limited to, any activity commonly associated with illegal drug dealing, such as noise, steady traffic day and night, to a 23 particular unit, barricaded units, the display or observance of weapons, drug loitering as defined in Health and Safety Code 9 11532, or other drug-related occurrences which, 24 taken as a whole, tend to substantially affeet or interfere with any tenant's beneficial use and enjoyment of any rented property. 25 C. 'Gang-Related Crime' means the commission of any of the offenses listed 26 in Penal Code S I 86.22( e) in which the perpetrator is a known member of a gang, or any crime motivated by gang membership in which the victim or the intended victim of the 27 crime is a known member of a gang. The term 'gang' is as defined in Penal Code 9 I 86.22(f). 28 910.0rd KC:-i049 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION IX, NARCOTICS AND GANG-RELATED CRIME EVICTION PROGRAM, CHAPTER 9,95 2 TO TITLE 9 PUBLIC PEACE, MORALS AND WELFARE AND ESTABLISHING REGULATIONS APPLICABLE TO LANDLORDS RENTING PROPERTY UPON 3 WHICH SPECIFIED DRUG ANDIOR GANG RELATED ACTIVITIES ARE OCCURRING, 4 5 D. 'Illegal Drug Activity' means a violation of any of the provisions of Chapter 6 (commencing with ~ 11350) or Chapter 6.5 (commencing with ~ 11400) of the Health 6 and Safety Code, or any suecessor provisions thereto. 7 E. 'Landlord' means any owner of record, lessor, or sublessor, (including any person, firm, corporation, partnership, association of persons or other entity) who receives 8 or is entitled to receive rent for the use of any rental unit, or the agent, manager, representative or successor of any of the foregoing. 9 F. 'Premises' means any rental unit and the land on which it and any other 10 buildings of a complex are located and common areas, including but not limited to, garage facilities, streets, alleyways, stairwells, elevators, and, as the context permits or requires, II any public or private property which is immediately adjacent to any of said areas. 12 G. 'Rental unit' means any dwelling, including, but not limited to, any single and multi-family residence, duplex, and/or condominium in the City of San 13 Bernardino. This term shall also include any mobile home, whether rent is paid for the mobile home, the land upon which the mobile home is located, or both. It shall also mean 14 any recreational vehicle, as defined in California Civil Code ~ 799.24, iflocated in a mobile home park or recreational vehicle park, whether rent is paid for the recreation 15 vehicle, the land upon which it is located, or both. 16 H. 'Tenant' means any tenant, subtenant, lessee, sublessee or any person entitled to use or occupancy of a rental unit, or any other person residing in the rental unit. 17 18 19 20 21 22 23 1/1 24 1/1 25 /II 26 /II 27 1/1 28 91O.0rd 9,95.020 Duties ofthe landlord, A. A landlord shall not cause or knowingly permit any premises under his or her control to be used or maintained for any illegal drug activity, gang-related crime, or in such manner as to constitute a drug-related nuisance; or B. A landlord shall not cause or knowingly permit any tenant to use or occupy premises under the landlord's control, if the tenant commits, permits, maintains or is involved in any illegal drug activity, gang-related crime, or drug-related nuisance on the premises. KC,..'1049' .. I ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION IX, NARCOTICS AND GANG-RELATED CRIME EVICTION PROGRAM, CHAPTER 9.95 2 TO TITLE 9 PUBLIC PEACE, MORALS AND WELFARE AND ESTABLISHING REGULATIONS APPLICABLE TO LANDLORDS RENTING PROPERTY UPON 3 WHICH SPECIFIED DRUG ANDIOR GANG RELATED ACTIVITIES ARE OCCURRING, 4 C. A landlord shall, in any lease executed after the effective date of this 5 chapter, include language as follows or language that is substantially similar; 6 "During the continuance of this lease, the leased premises will not be used for any purpose in violation of any federal, state, or 7 municipal statute or ordinance, or of any regulation, order, or directive of a governmental agency, as such statutes, ordinances, 8 regulations, orders, or directives now exist or may exist in the future, concerning the use and safety of the premises. On the breach of any 9 provision of this lease by lessee, lessor may at lessor's option terminate this lease immediately and reenter and repossess the 10 premises." II Failure to include this language or substantially similar language shall not relieve the landlord of any other duties required under this chapter, nor shall it be a defense to a 12 prosecution pursuant to this chapter. 13 9,95.030 Administrative procedures. 15 14 The Mayor, or his or her designee, may promulgate such administrative procedures as may be necessary to implement the provisions of this Chapter. 16 9.95,040 Recovery of possession by landlord, A. Grounds for Eviction. Notwithstanding any provision of the San 17 Bernardino Municipal Code to the contrary, a landlord may bring an action to recover possession of a rental unit upon any of the following grounds: 18 19 20 21 22 23 24 1/1 25 /II 26 1// 27 /II 28 910.0rd I. The tenant is committing or permitting to exist any illegal drug activity, gang-related crime, or drug-related nuisance on the premises; or 2. The tenant has been convicted of a crime wherein the underlying offense involves illegal drug activity, drug-related nuisance activity or a gang-related crime on the premises. B. Nothwithstanding subdivision (b) of Section 68097.2 of the Government Code, a public entity may waive all or part of the costs incurred in furnishing the testimony of a peace officer in an unlawful detainer action brought by a landlord to recover possession of a rental unit pursuant to this chapter. KC,..'l049' .. I ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION IX. NARCOTICS AND GANG-RELATED CRIME EVICTION PROGRAM, CHAPTER 9,95 2 TO TITLE 9 PUBLIC PEACE, MORALS AND WELFARE AND ESTABLISHING REGULATIONS APPLICABLE TO LANDLORDS RENTING PROPERTY UPON 3 WHICH SPECIFIED DRUG ANDIOR GANG RELATED ACTIVITIES ARE OCCURRING. 4 5 9.95.050 Enforcement. A. Provided the owner of record or agent thereof, and any known manager, of a 6 premises have been served with a written notice by certified mail, return receipt requested, advising that the Chief of Police has determined that the landlord is in violation of 7 subsection A of S 9.95.020 hereof, and has failed to comply with the provisions of that Subsection within fifteen (15) business days of the date of service of said notice, or to file 8 an appeal within said period as provided herein, then the City may proceed with enforcement pursuant to this chapter. Notwithstanding enforcement pursuant to this 9 chapter, the City may proceed with an action for injunctive relief or utilize any other remedy provided by law to compel compliance, including but not limited to, all remedies 10 available to abate a nuisance. II B. F or purposes of this Section, the written notice shall also identify the offending tenant(s), unit number if applicable, and the specific violation(s), and shall state 12 the date( s) and time( s) of any observed criminal activity and any resulting arrest( s), and shall further state that as to such tenant(s) the landlord is required to serve and diligently 13 prosecute either a three (3) day notice to quit or a thirty (30) day notice to vacate. The term 'diligently prosecute' shall mean such prosecution by the landlord as is necessary to 14 cause the subject rental unit to be completely vaeated by all tenants who commit, permit, maintain or are involved in any illegal drug activity, gang-related crime, or drug-related nuisance. No such vacated rental unit may be re-rented, leased or otherwise reoccupied by the prosecuted tenant(s) prior to the expiration of a twelve (12) month period following the vacation of the rental unit by the tenant(s). It is acknowledged that a tenant, in hislher answer to an unlawful detainer action, may raise as an affirmative defense a denial that helshe has engaged in the prohibited conduct. A judicial decision not to order the eviction of a tenant is a defense to prosecution under this Chapter. 15 16 17 18 19 20 21 22 23 24 25 26 /II 27 !II 28 910.0rd C. The required notice shall also state that within said fifteen (15) day period, the landlord may file a written appeal of the determination of violation with the City Clerk who shall cause the matter to be set for hearing before the Hearing Officer. Written notice of the date and time of said hearing shall be served by first class mail, addressed to the landlord's last known business address. Following the conclusion of the hearing, the Hearing Officer may affirm, reverse, or reverse subject to conditions, the Police Chief s determination of violation. The Hearing Officer's decision shall be based upon written findings and shall be final. Any review of the Hearing Officer's decision shall be in accordance with the procedures as set forth in the Code of Civil Procedure S I 094.5. D. In the event no appeal is timely filed or an appeal is denied, the City may immediately proceed to enforce the provisions of this Chapter against such landlord by way of criminal enforcement action. KC~1049 .' I ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION IX. NARCOTICS AND GANG-RELATED CRIME EVICTION PROGRAM, CHAPTER 9.95 2 TO TITLE 9 PUBLIC PEACE, MORALS AND WELFARE AND ESTABLISHING REGULATIONS APPLICABLE TO LANDLORDS RENTING PROPERTY UPON 3 WHICH SPECIFIED DRUG ANDIOR GANG RELATED ACTIVITIES ARE OCCURRING. 4 E. The offending tenant(s) shall be served with a written notice by certified 5 mail, return receipt requested, advising such tenant(s) that the landlord is being notified of the observed criminal activity and that the landlord is required to serve and diligently 6 prosecute either a three (3) day notice to quit or a thirty (30) day notice to vacate. The required notice shall also state that within fifteen (15) days of the date of the notice, the 7 tenant(s) may file a written appeal of the determination of violation with the City Clerk who shall cause the matter to be set for hearing before the Hearing Officer. Written notice 8 of the date and time of said hearing shall be served by first class mail, addressed to the tenant( s) last known address. A decision affirming the violation by the Hearing Offieer 9 shall not prevent such tenant( s) from defending any subsequent unlawful detainer action. 10 9.95,060 Penalties. II It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this Ordinance. Any person violating any provision of this Ordinance 12 or failing to comply with any of its requirements shall be punished as follows: 13 A. For three (3) or less violations occurring within any twelve (12) consecutive month period, a violation of this Ordinance shall be deemed to be an infraction, punishable 14 by a fine not exceeding $100.00 for a first violation, $200.00 for a second violation of the same provision within any twelve (12) consecutive month period, and a fine not exceeding 15 $500.00 for a third violation of the same provision occurring within any twelve (12) consecutive month period. 16 B. A fourth violation of the same provision occurring within any twelve (12) 17 consecutive month period shall be deemed to be a misdemeanor and upon conviction thereof shall be punishable by a fine not exceeding $1,000.00, or by imprisonment not 18 exceeding six (6) months, or by both such fine and imprisonment. 19 9,95.070 Civil Remedies Available. 20 The violations of any of the provisions of this Ordinance hereby adopted shall constitute a nuisance and may be abated by the City through civil process by means of restraining 21 order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances. 22 23 24 25 26 27 28 9,95.080 Severability. Should any provision, section, paragraph, sentence or words of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect. 910.0rd KC-l049- I ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION IX, NARCOTICS AND GANG-RELATED CRIME EVICTION PROGRAM, CHAPTER 9.95 2 TO TITLE 9 PUBLIC PEACE, MORALS AND WELFARE AND ESTABLISHING REGULATIONS APPLICABLE TO LANDLORDS RENTING PROPERTY UPON 3 WHICH SPECIFIED DRUG ANDIOR GANG RELATED ACTIVITIES ARE OCCURRING, 4 5 6 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a ioint regular meeting thereof, held on the Ji...- day of~, 1999, by the following vote, to wit: 19 20 21 The foregoing resolution is hereby approve is Xlii day of Jul v ,1999. 22 Approved as to form and legal content: 23 JAMES F. PENMAN, 24 City Attorney 25 26 27 28 4 7- (e 910.0rd