Berkeley Municipal Code Ch. 13.56 Property Owners to Take Certain Measures to Insure Security of Property…

The council finds as follows:

A. That increasingly apartment buildings and other properties in the City of Berkeley are used by drug dealers and users to sell or use "crack cocaine" and other illegal and dangerous drugs.

B. That such drug dealing and use is accompanied by violence and threats of violence between drug dealers and against innocent citizens.

C. That regulating such activity has consumed significant resources of the Berkeley Police Department.

D. That many owners of such properties condone such activity and fail to take any action to stop it.

E. That the existence of such properties in the City poses a serious threat to the health, safety, welfare, and security of the citizens of Berkeley, including innocent inhabitants of these properties and neighboring residents.

F. That because of the immediate and increasing danger such activity in such properties poses to Berkeley citizens, this chapter is urgently needed for the immediate protection of the public peace, health and safety. (Ord. 5981-NS § 1, 1990; Ord. 5947-NS § 1, 1989)

A. Whenever the City Manager or their designee finds by a preponderance of the evidence in accordance with subsection B, below, that the unlawful sale, storage, manufacturing or selling or giving away of a controlled substance, precursor or analog as defined in the Health and Safety Code has occurred in or about the premises of any privately owned property they may order the property owner to take corrective action to abate the activity. Such corrective action may include, but is not limited to, the hiring of a resident manager or security guard, the installing of secure doors at the front and rear of the buildings, the posting of "no trespassing" signs in and on the property, the development of property rules which regulates the entrance to and egress from the property of nonresidents, and the institution of actions to remove any resident or others engaging in such illegal conduct on or about the premises.

B. Prior to the City taking such action the property owner shall be afforded written notice of the City Manager’s proposed actions, a general description of the basis therefor, and a reasonable opportunity to respond. No hearing shall be required at which evidence is required to be taken. (Ord. 5981-NS § 1, 1990; Ord. 5947-NS § 2, 1989)

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 of Berkeley for a civil penalty of one hundred dollars per day for each day the property owner fails to comply with the actions ordered by the City Manager pursuant to Section 13.56.020A, above. All payments under this section shall be used exclusively for the purpose of enforcing the provisions of this chapter or for enforcing State of California statutes regulating controlled substances.

C. The failure to comply with this City Manager’s order is hereby declared a nuisance and the City Attorney may bring a civil action under this section 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 orders a private property owner to take corrective action, any person aggrieved by such a nuisance may bring an independent civil action against the private property owner of the property on or about which such activity has occurred for all appropriate relief including damages, costs and attorney’s fees, which they may have incurred as a result of such activity of no less than five hundred dollars.

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. (Ord. 5981-NS § 1, 1990; Ord. 5947-NS § 3, 1989)

This chapter, being an urgency measure necessary for the immediate preservation of the public peace, health, or safety, adopted pursuant to Article XIV, Section of the City Charter, shall be and is hereby effective immediately upon seven-ninths vote of the City Council. (Ord. 5947-NS § 4, 1989)