Blue Lake Municipal Code Ch. 8.16 Owners Required to End Illegal Activity on Their Property

The City Council finds as follows:

A. That apartment buildings and other rental and owner occupied properties in the City of Blue Lake are used by drug dealers and users to sell and use cocaine, methamphetamines, and other illegal and dangerous drugs.

B. That such drug dealing and use may be accompanied by violence, threats of violence, and intimidation between drug dealers and against innocent citizens.

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

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

E. That the existence of such properties in the City poses a threat to the health, safety, welfare, and security of the citizens of Blue Lake including non-involved inhabitants of these properties and neighboring residents.

A. Whenever the Chief of Police or his or her designee finds by a preponderance of the evidence 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, he or she may order the property owner to take corrective action to abate the activity. The 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 regulate the entrance to and egress from the property of non-residents, and the institution of actions to remove any resident or others engaging in such illegal conduct on or about the premises.

B. Prior to requiring such abatement actions, the Chief of Police shall afford the property owner written notice of the Chief of Police'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.

C. If the property owner is dissatisfied with the Chief of Police's proposed actions at any time prior to the City's initiating civil action pursuant to subsection 8.16.030(C), such property owner may appeal to the Blue Lake City Council. Notice of appeal to the City Council shall be made in writing to the City Clerk. The written notice shall include a statement of the facts of the appeal and the recommended solution in sufficient detail to enable the City Council to understand the nature of the proceedings and the parties concerned. Unless the time is extended by mutual agreement of the parties, the matter shall be placed on the next agenda for a regularly scheduled meeting at which time the City Council shall commence its hearing. The City Council shall render its decision within 30 days after the conclusion of the hearing. The decision shall contain a summary of the evidence, findings of fact, and a statement of the reasons underlying the decision. A copy of the decision shall be sent to the property owner and the Chief of Police. The City Council's decision shall be the final and binding administrative remedy.

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

B. Any property owner shall be liable to the City of Blue Lake for a civil penalty of $100.00 per day for each day the property owner fails to comply with the actions ordered by the Police Chief pursuant to subsection 8.16.020(A); provided, however, that if the property owner appeals to the City Council pursuant to subsection 8.16.020(C), the commencement of the civil penalty shall be delayed to the time the City Council makes its decision on such appeal.

C. The failure to comply with this Chief of Police's order is hereby declared a nuisance and the City Attorney, at the direction of the City Council, may bring a civil action under this section for injunctive and other relief. Prior to directing the City Attorney to commence such a civil action, the City Council shall first give notice of such proposed action to the property owner and an opportunity for the property owner to be heard at a regular City Council meeting or a City Council meeting specially called for that purpose.

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 Chief of Police 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 he or she may have incurred as a result of such activity of no less than $500.00.

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.