Chula Vista Municipal Code Ch. 9.18 Rental of Housing for Drug Activity

RENTAL OF HOUSING FOR DRUG ACTIVITY

Sections:

• 9.18.010 Definitions.

• 9.18.020 Prohibition.

• 9.18.030 Notice of violation.

• 9.18.040 Failure to comply with notice of violation.

• 9.18.050 Declaration of public nuisance.

• 9.18.060 Construction.

• 9.18.070 Severability.

A. “Landlord” means an owner, lessor, or sublessor (including any person, firm, corporation, partnership, or other entity) who receives or is entitled to receive rent for the use of any rental unit, or the agent, representative or successor of any of the foregoing.

B. “Tenant” means a tenant, subtenant, lessee, sublessee, any person entitled to use or occupancy of a rental unit, or any other person who is using or occupying a rental unit.

C. “Rental unit” means any dwelling unit, efficiency dwelling unit, guest room, and suite, including any singlefamily residence, duplex, and condominium, in the City of Chula Vista and the land and buildings appurtenant thereto, including common areas, garage facilities, alleyways, stairwells, and elevators. This term shall also include mobilehomes, whether rent is paid for the recreational vehicle and the land upon which is located, or rent is paid for the land alone.

D. “Controlled substance” means a drug substance, or immediate precursor, as listed in the Uniform Controlled Substance Act, Health Safety Code Section 11054, et seq.

E. “Illegal drug-dealing activity” means any possession for sale, any sale, storage, possession, or manufacturing of a controlled substance from or in a rental unit.

F. “Drug-related nuisance” means the holding, maintenance, or use of a rental unit for the purpose of unlawfully selling, serving, storing, keeping, manufacturing, or giving away any controlled substance. (Ord. 2337 § 1, 1989).

A landlord shall not knowingly cause or permit any rental unit to be used or maintained for any illegal drug-dealing activity, or drug-related nuisance. (Ord. 2337 § 1, 1989).

If the City Attorney determines that a rental unit is being used or maintained in violation of CVMC 9.18.020, then the City Attorney or any law enforcement agency may order the landlord to comply with said section. This order shall be presented to the landlord either by personal service or by a letter sent certified mail with a return receipt requested. The order shall contain as enclosures sufficient documentation to establish that the premises are being used or maintained for any illegal drug-dealing activity or drug-related nuisance. Nothing herein shall be interpreted as authorizing the release of documentation which would violate an individual’s right to privacy or any other applicable provision of law that precludes the release of public records. Nothing herein shall authorize a search of any rental unit or seizure of any property by a landlord under color of authority of the City of Chula Vista or any employee or official thereof. (Ord. 2337 § 1, 1989).

A landlord shall in good faith comply with the notice prescribed by CVMC 9.18.030. If the landlord fails to comply with the notice, then the City Attorney or any law enforcement agency may take any lawful action to enforce CVMC 9.18.020. Good faith compliance may be shown by the landlord’s obtaining the voluntary surrender of the premises by the tenant; or the landlord’s commencement and prosecution of unlawful detainer proceedings; or the landlord’s demonstration in writing to the satisfaction of the City Attorney that commencement of unlawful detainer proceedings is not supported by the evidence received by the City and by the landlord, taken as a whole. (Ord. 2337 § 1, 1989).

In addition to any other enforcement action, the City Manager or City Attorney may declare an alleged violation of CVMC 9.18.020 or the activities described therein to constitute a public nuisance and may commence abatement of the conditions giving rise thereto in accordance with Health and Safety Code Section 11570 or Chapter 1.30 CVMC. (Ord. 2718 § 1, 1998; Ord. 2337 § 1, 1989).

Nothing contained in this chapter shall be construed or interpreted in such a way as to create a principal-agent relationship between the City and the landlord. Nothing herein shall prohibit the landlord from complying with this chapter by commencing and prosecuting unlawful detainer proceedings based on legal grounds other than illegal drug activity. (Ord. 2337 § 1, 1989).

If any section, sentence, clause, phrase, or portion of this chapter is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter and each section, subsection, sentence, clause, phrase, part, or portion thereof would have been adopted or passed irrespective of the fact that any one or more sections, sentences, clauses, phrases, parts, or portions be declared invalid or unconstitutional. (Ord. 2337 § 1, 1989).