Arcata Municipal Code Art. 8 Miscellaneous Provisions

In the construction of this Code and all the ordinances of the City, the following definitions of "peddler" and "solicitor" shall be observed, unless such definition would be inconsistent with the manifest intent of the City Council or the context clearly requires otherwise:

Peddler. "Peddler" means a person who engages in the business of going from house to house selling and making immediate delivery of goods and merchandise. Vendors selling food and drink to regular customers along established routes (e.g., catering trucks) are specifically excluded from the definition.

"Solicitor" means a person who engages in the business of going from house to house selling goods and merchandise for future delivery.

All peddlers and solicitors shall be required to obtain from the Arcata Police Department a valid Police Certificate prior to peddling or soliciting. Such a certificate shall require valid current identification of the person responsible for the sale of such wares or items, and verification that they are, in fact, who they say they are.

A reasonable fee, as set from time-to-time by the City Council, may be charged for the processing of an application for a certificate.

(a) Apartment buildings, rental property and owner occupied property in the City of Arcata are used by drug dealers and users to sell and use illegal and dangerous drugs.

(b) Some owners of such properties are aware of such activity, but fail to take action to stop it, while other owners are unaware of such activity.

(c) Regulating such activity has consumed significant resources of the Arcata Police Department.

(d) The existence of such properties in the City poses a serious threat to the health, safety, welfare and security of the citizens of Arcata, including innocent inhabitants of those properties and their neighbors.

(e) Because of the immediate danger associated with drug related activities occurring at such properties to the citizens of Arcata, this Ordinance is urgently needed for the immediate protection of the public peace, health and safety.

(a) Whenever the City Manager or her/his designee finds by a preponderance of the evidence, that the unlawful sale, storage, manufacturing, selling or giving away of a controlled substance, precursor or analog, as defined in the California Health and Safety Code, has occurred in or about any privately owned property, she/he may order the property owner to take corrective action to abate the activity pursuant to this Article.

(b) Corrective action which may be ordered hereunder at the discretion of the City Manager or her/his designee may include, but is not limited to, one or more of the following:

1. Capital improvements including by way of example only, security gates and doors;

2. Improved interior/exterior lighting;

3. Security guards;

4. Posting of signs;

5. Property rules which regulate entrance upon and egress from the property by nonresidents;

6. The commencement of appropriate legal proceedings including unlawful detainer to remove any tenant, resident or person engaging in such illegal conduct on or about the premises; or

7. Boarding up any structure on the property to make such structure inaccessible.

(c) Prior to commencement of any abatement action hereunder, the City Manager or her/his designee shall give notice to the owner of the property (the "abatement notice") requesting that the owner abate the matter or take action designated in the abatement notice within a reasonable time after receipt of the abatement notice. A "reasonable time" shall mean thirty (30) days, unless the City Attorney determines that there is good cause to shorten the time of notice or forego notice entirely. For purposes of this paragraph "good cause" includes, but is not limited to, unavailability of the owner or evasion of service by the owner. The abatement notice, if required hereunder, shall contain as enclosures, documentation establishing the basis on which the City Manager, or her/his designee, has determined that abatement action is required hereunder. The abatement notice shall be served on the owner by personal service or by certified mail at the address of the owner as shown on the latest equalization assessment roll.

(d) If the abatement notice identifies a particular tenant as responsible for the nuisance activity or recommends action that will have a significant adverse effect on the tenant’s right of possession, the City Manager, or her/his designee, shall also serve a copy of the abatement notice and supporting documentation on that tenant. Service shall be by personal service or by certified mail to the tenant at the property address. Said notice shall not be required if the City Attorney determines that there is good cause to forego notice. For purposes of this paragraph "good cause" includes, but is not limited to, unavailability of the tenant or evasion of service by the tenant.

(e) The determination of the City Manager, or her/his designee, to order the abatement of any matter hereunder shall be based on a finding that a pattern or practice of illegal drug related activity exists on or about the property taking into account the totality of circumstances including, but not limited to, any one of the following:

1. An excessive number of short term visitors for periods of 15 minutes or less within any twenty-four (24) hour period; or

2. Information received from informants including, without limitation, confidential informants; or

3. The presence of known drug users or traffickers on or about the premises.

(f) Any person served with an abatement notice hereunder or any person whose interest in the property may be affected by abatement action taken pursuant to this Article, shall have the right to protest to the City Manager, or her/his designee’s, determination to take action hereunder as follows:

1. Said protest shall be in writing and shall be delivered to the City Manager within thirty (30) days of the date of receipt of the abatement notice, unless a shorter time for filing such protest is otherwise indicated in the abatement notice;

2. Said protest shall be in writing and shall set forth the facts on which the protest is based and recommended alternative action to be taken in sufficient detail to enable the City Manager, or her/his designee, to understand the nature of the protest;

3. Unless the time is extended by mutual agreement of the parties, the matter shall be reviewed by the City Manager, or her/his designee, within five (5) business days of the date of receipt of the protest;

4. No additional evidence or testimony shall be considered other than that contained in the written protest, unless the City Manager, or her/his designee, shall elect to hear additional testimony on the matter;

5. No filing fee shall be required;

6. The decision of the City Manager shall be final and shall be effective immediately; and

7. The City Manager, or her/his designee, may take into consideration in reviewing the protest, the prompt, good faith commencement and prosecution of eviction proceedings by the property owner or the prompt and good faith commencement of other appropriate remedial action to remedy the conditions described in the abatement notice.

(a) The remedies provided under this section are in addition to any the City or any person might have under applicable law.

(b) Any property owner shall be liable to the City for a civil penalty of $100.00 per day for each day the property owner fails to comply with any action finally ordered by the City Manager, or her/his designee, pursuant to this Article.

(c) Failure to comply with any order of the City Manager, or her/his designee, hereunder, is hereby declared a nuisance and the City Attorney, upon presentation to and at the direction of the City Council, may bring a civil action under this Article or under Health and Safety Code #11570 et seq., for injunctive and other relief.

(d) The unlawful sale, storage, manufacture, selling or giving away of a controlled substance, precursor or analog on private property is hereby declared to be a nuisance. Whether or not the City Manager, or her/his designee, orders a private property owner to take corrective action, any person aggrieved by such nuisance may bring an independent civil action against the owner of the property or any other person creating such nuisance for all appropriate relief including damages, costs and attorney’s fees, which she/he may have incurred as a result of such activity. A person aggrieved prevailing in such action shall be entitled to the minimum sum of $500.00 on account of damages, costs and attorney’s fee, plus such additional sum as the Court shall deem appropriate.

1. A "person aggrieved" is anyone who owns or occupies any premises that cannot be quietly used and enjoyed due to the unlawful sale, storage, manufacture, selling or giving away of a controlled substance, precursor or analog on or in any property or dwelling unit, other than their own.

2. Every day that a person aggrieved cannot quietly use and enjoy their premises is a separate and distinct nuisance.

This Ordinance, being an urgency measure necessary for the immediate preservation of the public peace, health or safety, adopted pursuant to Government Code #36937(b) shall be and is hereby effective immediately upon three-fourths (3/4) vote of the City Council.