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HomeMy WebLinkAboutOrd 1989-2337 Revised 11/3/89 ORDINANCE NO. 2137 AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 9.18 OF THE CHULA VISTA MUNICIPAL CODE REGARDING RENTAL OF HOUSING USED FOR DRUG ACTIVITY WHEREAS, Health and Safety Code Section 11570 provides that it is a nuisance for a building to be used for the purposes of unlawfully selling, serving, storing, keeping, manufacturing, or giving away any controlled substance, and WHEREAS, Health and Safety Code Section 11366 provides that it is a criminal act for any person to use a building for the purpose of unlawfully selling, giving away, or using a controlled substance, and WHEREAS, Health and Safety Code Section 11366.5 provides that it is a criminal act for any person knowingly to rent, lease, or otherwise make available any building or portion thereof for the purpose of unlawfully manufacturing, storing, or distributing any controlled substance, and WHEREAS, Code of Civil Procedure Section 1161(4) provides that a tenant of real property is guilty of unlawful detainer and the rental or lease may be terminated in the event that the tenant maintains, commits, or permits the maintenance or commission of a nuisance upon the demised premises or uses such premises for any unlawful purpose, and WHEREAS, Code of Civil Procedure Section 1161(4) further provides that the landlord shall be entitled to possession of such premises after three (3) days notice to quit is served upon a tenant who commits a nuisance or uses such premises for an unlawful purpose and shall be entitled thereafter to commence a civil action in unlawful detainer, and WHEREAS, the City Attorney of Chula Vista is authorized by Health and Safety Code Section 11571 to maintain an action to abate any drug related nuisance described therein and is authorized by state and local law to prosecute criminal violation of the Chula Vista Municipal Code, and WHEREAS, the City Council wishes to enact local legislation complementary to and in aid and furtherance of the hereinabove recited state law in order to: (1) encourage landlords to take action to eliminate the use of rental housing in Chula Vista for illegal drug related purposes; (2) assist landlords in their efforts to eliminate the use of rental housing ~n Chula Vista for illegal drug related purposes through the unlawful detainer process described in Civil Code Section 1159 et -1- seq.; (3) enable the City Attorney to take action against 1. andlords in Chula Vista who refuse to take any action to eliminate the use of their rental premises for drug related purposes. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: SECTION I: That Chapter 9.18 of the Chula Vista Municipal Code is hereby amended to read as follows: CHAPTER 9.18 RENTAL OF HOUSING FOR DRUG ACTIVITY Sec. 9.18.010 Definitions. A. "Landlord" means an owner, lessor, or sublessor (including any person, firm, corporation, partnership, or other entity) who receives or is entitled to receive rent for the use of any rental unit, or the agent, representative or successor of any of the foregoing. B. "Tenant" means a tenant, subtenant, lessee, sublessee, any person entitled to use or occupancy of a rental unit, or any other person who is using or occupying a rental unit. C. "Rental Unit" means any dwelling unit, efficiency dwellings unit, guest room, and suite, including any single family residence, duplex, and condominium in the City of Chula Vista, the land and buildings appurtenant thereto, including common areas, garage facilities, alleyways, stairwells, and elevators. This term shall also include mobile homes, whether rent is paid for the mobile home and the land upon which the mobile home is located, or the rent is paid for the land alone. Further it shall include recreational vehicles, as defined in California Civil Code Section 799.24, if located in a mobile home park, whether rent is paid for the recreational vehicle and the land upon which is located, or rent is paid for the land alone. D. "Controlled Substance" means a drug substance, or immediate precursor, as listed in the Uniform Controlled Substance Act, Health and Safety Code Section 11054 et seq. E. "Illegal Drug Dealing Activity" means any possession for sale, any sale, storage~ possession, or manufacturing of a controlled substance from or in a rental unit. -2- F. "Drug-Related Nuisance" means the holding, maintenance, or use of a rental unit for the purpose of unlawfully selling, serving, storing, keeping, manufacturing, or givin away any controlled substance. Sec. 9.18.020 Prohibition. A landlord shall not knowingly cause or permit any rental unit to be used or maintained for any illegal drug dealing activity, or drug-related nuisance. Sec. 9.18.030 Notice of Violation. If the City Attorney determines that a rental unit is being used or maintained in violation of Section 9.18.020, then the City Attorney or any law enforcement agency may order the landlord to comply with said section. This order shall be presented to the landlord either by personal service or by a letter sent certified mail with a return receipt requested. The order shall contain as enclosures sufficient documentation to establish that the premises are being used or maintained for any illegal drug dealing activity or drug-related nuisance. Nothing herein shall be interpreted as authorizing the release of documentation which would violate an individual's right to privacy or any other applicable provision of law that precludes the release of public records. Nothing herein shall authorize a search of any rental unit or seizure of any property by a landlord under color of authority of the City of Chula Vista or any employee or official thereof. Sec. 9.18.040 Failure to Comply with Notice of Violation. A landlord shall in good faith comply with the Notice prescribed by Section 9.18.030. If the landlord fails to comply with the Notice, then the City Attorney or any law enforcement agency may take any lawful action to enforce Section 9.18.020 hereof. Good faith compliance may be shown by the landlord's obtaining the voluntary surrender of the premises by the tenant; or the landlord's commencement and prosecution of unlawful detainer proceedings; or the landlord's demonstration in writing to the satisfaction of the City Attorney that commencement of unlawful detainer proceedings is not supported by the evidence received by the City and by the landlord, taken as a whole. -3- Sec. 9.18.050 Declaration of Public Nuisance. In addition to any other enforcement action, the City Attorney may declare an alleged violation of Section 9.18.020 or the activities described therein to constitute a public nuisance and may commence abatement of the conditions giving rise thereto in accordance with Health and Safety Code Section 11570. Sec. 9.18.060 Construction. Nothing contained in this Chapter shall be construed or interpreted in such a way as to create a principal-agent relationship between the City and the landlord. Nothing herein shall prohibit the landlord from complying with said section by commencing and prosecuting unlawful detainer proceedings based on legal grounds other than illegal drug activity. Sec. 9.18.070 Severability. If any section, sentence, clause, phrase, or portion of this Chapter is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Chapter. It is hereby declared that this Chapter and each section, subsection, sentence, clause, phrase, part, or portion thereof, would have been adopted or passed irrespective of the fact that any one or more sections, sentences, clauses, phrases, parts, or portions be declared invalid or unconstitutional. SECTION II: That Chapter 9.18 is hereby renumbered to Chapter 9.19; that Chapter 9.19 is hereby renumbered to Chapter 9.20; and Chapter 9.20 is hereby renumbered to Chapter 9.21. SECTION III: This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented and Approved as to form by Th as J. on, City Attorney 2 a -4- Ordinance 2337 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista California, this 17th day of October, 1989 by the loll owing vote: AYES Councilmembers: McCandliss, Moore, Nader, Cox NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: Malcolm ' ~re~ r. R. Cox, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 2337 had its first reading on October 10, 1989 and its second reading and adoption at a regular meeting of said City Council held on the 17th day of October, 1989. Executed this 17th day of October, 1989. 1669C