Bellflower Municipal Code Ch. 9.24 Unlawful Selling, Serving, Storing, Keeping or Giving Away Any…

It is the desire and intent of the City Council of the City of Bellflower to eliminate the unlawful selling, serving, storing, keeping or giving away of any controlled substance as defined under Health and Safety Code Section 11000 et seq., within any and every building or place in the City of Bellflower.

A. The City Council finds that the unlawful selling, serving, storing, keeping or giving away of any controlled substance in any building or place in the City of Bellflower is injurious to the health, safety, morals and general welfare of the community, and interferes with the comfortable enjoyment of life and property; and

B. Section 11570 of the Health and Safety Code of California states every building or place used for the purpose of unlawfully selling, serving, storing, keeping or giving away controlled substances as defined in this chapter, and every building or place wherein and upon which such acts take place, is a nuisance which shall be enjoined, abated and prevented; and

C. The laws of the State of California defining nuisance and the abatement thereof provide for civil and criminal enjoinment of such acts. The City Council intends hereby to declare those activities hereinafter set forth as a nuisance, provide a procedure for determining that a nuisance exists, the necessary order of abatement thereof and civil and/or criminal prosecution for enforcement of any such findings and order; and

D. The unlawful selling, serving, storing, keeping or giving away of any controlled substances, as defined in the Health and Safety Code, within any building or place in the City of Bellflower tends to debilitate family life in Bellflower.

(Prior code § 3-20.1)

The City Council of the City of Bellflower, as the legislative authority, finds and declares that every and any building or place used for the purpose of unlawfully selling, serving, storing, keeping or giving away of any controlled substances as defined under the California Uniform Controlled Substance Act, Section 11000 et seq., of the Health and Safety Code, is a nuisance, whether public or private.

(Prior code § 3-20.2)

The City Attorney of the City of Bellflower is directed to abate, prevent and enjoin the nuisance of unlawful selling, serving, storing, keeping or giving away of any controlled substance within any building or place in the City of Bellflower upon the order of the City Council as hereinafter provided.

(Prior code § 3-20.3)

Upon receiving notice through service of a certified copy of this chapter and an order of abatement provided for in Section 1.08.020, any and every person who shall legally or equitably own, lease, maintain, manage, conduct, or operate a building or place in the City of Bellflower which is declared to be a public or private nuisance, as set forth and stated in Section 9.24.020, shall be presumed to be a person who has knowledge of such nuisance for the purpose of this chapter and is, thereafter, responsible for its maintenance and shall be liable thereof.

(Prior code § 3-20.4)

The City Council may, upon its own motion, or upon written charges filed with Council by the City Attorney, set a public hearing before the Council to determine if a nuisance as set forth in Section 9.24.020 and any other appropriate State or local laws exists. The persons described in Section 9.24.040 shall be given 10 day written notice, delivered personally or by deposit in first class U.S. mail, of the opportunity to appear, either personally or by counsel, to be heard, to present evidence and to call witnesses on their behalf.

(Prior code § 3-20.5)

Upon a specific finding that a nuisance, as defined in Section 9.24.020 and any other appropriate State or local laws, exists in the City of Bellflower. The City Council, in applying provisions of this section to such nuisance, may provide for the following by resolution:

A. Declare the fact that such nuisance exists.

B. Set forth the legal description and street address or location of the real property or place which constitutes a nuisance.

C. Set forth findings of fact considered by the City Council in arriving at its determination that a nuisance exists, as defined in Section 9.24.030.

D. Order all persons named in Section 9.24.040 to abate such nuisances immediately, by terminating the unlawful selling, serving, storing, keeping or giving away of any controlled substance, as defined under the Health and Safety Code, as set forth in Section 9.24.020, within the specified building or place.

E. Order the City Attorney to proceed as directed in Section 9.24.030 and do all things necessary to abate, prevent or enjoin such nuisance, as defined in Section 9.24.020, through judicial proceedings.

F. Order that a certified copy of said resolution and a certified copy of this chapter be delivered by personal service or first class mail to all persons of record having legal or equitable interest in the building or place where the nuisance exists and to any person who shall lease, maintain, manage, conduct or operate the building or place where the nuisance exists.

(Prior code § 3-20.6)

A landlord may, or shall if required by Section 9.24.090, give notice required by law and bring an action to recover possession of a rental unit upon the happening 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. "Drugs" are as defined in Section 9.24.020 in this chapter.

The term "illegal drug dealing activities or purposes" includes, but is not limited to, possession for sale or sale of illegal drugs from the rental unit.

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.

The term "drug-related nuisance" 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 units or sighting of weapons, brought to the attention of the landlord by other tenants, persons within the community, or law enforcement agencies.

(Prior code § 3-20.7)

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.

When the termination of tenancy is for any ground set forth in Section 9.24.070, the landlord shall file with the District Attorney, or other County, or City office designated by the City Council, a declaration in a form and in the number prescribed by said office setting forth the reasons for the termination with specific facts to permit a determination of the date, place, witnesses and circumstances concerning the reason.

(Prior code § 3-20.8)

An action under this chapter to recover possession of a rental unit shall be commenced by the landlord within 10 days after notice and request of the District Attorney, City Attorney, or Sheriff, in a letter sent certified mail with a return receipt requested, notifying the landlord of the ground or grounds specified in Section 9.24.080.

(Prior code § 3-20.9)

If a landlord does not commence an action when required under the provisions of this chapter to recover possession of the rental unit, the District Attorney, City Attorney, or Sheriff 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 9.24.070. If the landlord has been named as a defendant in the action, the court may impose a civil penalty in an amount not to exceed $5,000 against the landlord for his/her failure to comply with this chapter.

(Prior code § 3-20.10)