Bell Municipal Code Ch. 8.40 Eviction of Tenants for Drug-Related Nuisances

For the purpose of the chapter, certain words and phrases shall be construed in this chapter as set forth in this section, unless it is apparent from the content that a different meaning is intended.

"Drug-related nuisance"

means and includes, but is not limited to, any activity commonly associated with illegal drug dealing such as complaints of noise, steady traffic day and night to a particular unit, barricaded attention of the landlord by other tenants, persons within the community, or law enforcement agencies.

"Illegal drug dealing activities or purposes"

means and includes, but is not limited to, possession for sale or sale of illegal drugs from the rental unit.

(Prior code § 6490)

A landlord shall give notice required by law and bring an action to recover possession of a rental unit upon the occurrence of any of the following events:

A. The tenant is using the rental unit, or allowing the rental unit to be used, for illegal drug dealing activities or purposes; and

B. The tenant is committing or permitting to exist a drug-related nuisance in the rental unit or the appurtenances thereof, or the common areas of the complex containing the rental unit.

(Prior code § 6491)

A. The landlord shall state the reason for the eviction in the written notice of termination served on the tenant pursuant to California Civil Code Section 1946.

B. When the termination of tenancy is for any ground set forth in Section 8.40.020, the landlord shall file with the district attorney, or other city office designated by the city council, a declaration in a form and in the manner prescribed by such office setting forth the reasons for the termination. This form shall include, but not be limited to, the date, place, witnesses and circumstances concerning the termination.

(Prior code § 6492)

An action under this chapter to recover possession of a rental unit shall be commenced by the landlord within 60 days after notice and request of the district attorney or the police. Such notice shall be given in a letter sent certified mail with a return receipt requested, notifying the landlord of the ground or grounds specified in Section 8.40.020.

(Prior code § 6493)

If a landlord does not commence an action to recover possession of the rental unit when required under the provisions of this chapter, the district attorney or the police may file an action to evict the tenant from the premises of the rental unit and name the landlord as a defendant in the action if it can be established that the landlord aided or acquiesced to the illegal activity or nuisance described in Section 8.40.020. If the landlord has been named as a defendant in the action, the court may impose a civil penalty in any amount not to exceed $5,000 against the landlord for his or her failure to comply with this section.

(Prior code § 6494)