Alhambra Municipal Code Ch. 9.101 Sex Offender Residency Restrictions

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

DUPLEX. A residential land use for a building containing two dwelling units.

HOTEL or MOTEL. A commercial land use for the rental of six or more guest rooms or suites for primarily temporary residency, for a period of not more than 30 consecutive days.

INN. A commercial land use for the rental of five or fewer guest rooms or suites, primarily for temporary residency, for a period of not more than 30 consecutive days.

MULTI-FAMILY DWELLING. A building designed for permanent residency for three or more families living independently of each other. This includes apartment houses and condominiums, but does not include hotels, motels or inns.

OWNER'S AUTHORIZED AGENT. 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.

PERMANENT RESIDENT. Any person who, as of a given date, obtained the right to occupy a dwelling, including but not limited to, a single-family dwelling, multi-family dwelling, duplex dwelling, hotel, motel or inn for more than 30 consecutive days.

PROPERTY OWNER. As applied to buildings and land, 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.

RESPONSIBLE PARTY. The property owner and/or the property owner's authorized agent.

SEX OFFENDER. Any person for whom registration is required pursuant to Cal. Penal Code § 290 who is on parole.

SINGLE-FAMILY DWELLING. One permanent residential dwelling located on a single lot, with yard areas that separate that dwelling from other dwellings.

TEMPORARY RESIDENT. Any person who, for a period of 30 days or less, obtained the right to occupy a dwelling, including but not limited to a hotel, motel or inn.

(Ord. 4523, passed 4-14-08; Am. Ord. 4524, passed 4-28-08; Am. Ord. 4730, passed 2-12-18)

(Ord. 4523, passed 4-14-08; Am. Ord. 4524, passed 4-28-08)

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. 4523, passed 4-14-08; Am. Ord. 4524, passed 4-28-08)

No sex offender shall be a permanent or temporary resident in a multi-family dwelling unit already occupied by a sex offender, unless those persons are legally related by blood, marriage or adoption.

(Ord. 4523, passed 4-14-08; Am. Ord. 4524, passed 4-28-08; Am. Ord. 4730, passed 2-12-18)

No sex offender shall be a permanent or temporary resident in a duplex dwelling unit already occupied by a sex offender, unless those persons are legally related by blood, marriage or adoption.

(Ord. 4523, passed 4-14-08; Am. Ord. 4524, passed 4-28-08; Am. Ord. 4730, passed 2-12-18)

No sex offender shall be a permanent or temporary resident in a guest room of a hotel, motel or inn if the guest room is already occupied by a sex offender, unless those persons are legally related by blood, marriage or adoption.

(Ord. 4523, passed 4-14-08; Am. Ord. 4524, passed 4-28-08; Am. Ord. 4730, passed 2-12-18)

No sex offender shall be a permanent resident in any guest room of a hotel, motel or inn wherein a separate and distinct guest room is already occupied by a sex offender as a permanent resident.

(Ord. 4523, passed 4-14-08; Am. Ord. 4524, passed 4-28-08)

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. 4523, passed 4-14-08; Am. Ord. 4524, passed 4-28-08)

No responsible party shall knowingly rent a unit within a multi-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. 4523, passed 4-14-08; Am. Ord. 4524, passed 4-28-08)

No responsible party shall knowingly rent more than one unit within a multi-family dwelling to, or allow occupancy as a permanent or temporary resident by, more than one sex offender during any given period of tenancy.

(Ord. 4523, passed 4-14-08; Am. Ord. 4524, passed 4-28-08)

No responsible party shall knowingly rent a unit within a duplex 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. 4523, passed 4-14-08; Am. Ord. 4524, passed 4-28-08)

No responsible party shall knowingly rent more than one unit within a duplex dwelling to or allow occupancy as a permanent or temporary resident by more than one sex offender during any given period of tenancy.

(Ord. 4523, passed 4-14-08; Am. Ord. 4524, passed 4-28-08)

No responsible party shall knowingly rent a guest room in a hotel, motel or inn, or allow occupancy as a permanent or temporary resident by, more than one sex offender, unless those persons are legally related by blood, marriage or adoption.

(Ord. 4523, passed 4-14-08; Am. Ord. 4524, passed 4-28-08)

No responsible party shall knowingly rent more than one guest room in a hotel, motel, or inn to, or allow occupancy as a permanent or temporary resident by, more than one sex offender as a permanent resident.

(Ord. 4523, passed 4-14-08; Am. Ord. 4524, passed 4-28-08)

Any duplex, hotel, motel, inn, multi-family dwelling, or single-family dwelling operated or maintained in a manner inconsistent with the occupancy requirements of this chapter or the restrictions of Cal. Penal Code § 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. 4523, passed 4-14-08; Am. Ord. 4524, passed 4-28-08)

(A) In any civil action or proceeding, administrative 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.

(B) 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 §§ 6.26.110 et seq. of this code, relating to assessment for abatement of property nuisances.

(Ord. 4523, passed 4-14-08; Am. Ord. 4524, passed 4-28-08)

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 § 1.12.011. Each day that such violation exists shall be deemed a new and separate offense.

(Ord. 4523, passed 4-14-08; Am. Ord. 4524, passed 4-28-08)

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 its provisions.

(Ord. 4523, passed 4-14-08; Am. Ord. 4524, passed 4-28-08)

(A) Notwithstanding anything to the contrary contained herein, this chapter shall apply to all sex offenders who locate within the city after June 9, 2008, the effective date of this chapter, and to all responsible parties who allow occupancy by a sex offender within the city to commence after the effective date of this chapter.

(B) 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, Cal. Penal Code § 3003.5.

(Ord. 4523, passed 4-14-08; Am. Ord. 4524, passed 4-28-08)