Chapter 6.10 — CONTROLLED SUBSTANCES-NUISANCES

It is the desire and intention of the city council 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.

(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 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 that every building or place used for the purpose of unlawfully selling, serving, storing, keeping or giving away controlled substances as defined 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 defining nuisance and the abatement thereof provide for civil and criminal enjoinment of such acts. The city council intends hereby to declare those activities set forth in this chapter as nuisances, provide a procedure for determining a nuisance exists, the necessary order of abatement thereof and civil and/or criminal prosecution for enforcement of any such findings and orders; 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 tends to debilitate family life in Commerce.

(Ord. 435 § 1(part), 1990).

The city council 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 "drugs" or controlled substances, as defined under the California Uniform Controlled Substance Act, Section 1000 et seq. of the Health and Safety Code, is a nuisance, whether public or private.

(Ord. 435 § 1(part), 1990).

The city attorney or his designee 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 upon the order of the city council as provided in this chapter.

(Ord. 435 § 1 (part), 1990).

Upon receiving notice through service of a certified copy of this chapter and order of abatement provided for in Section 6.10.060, any and every person who legally or equitably owns, leases, maintains, manages, conducts or operates a building or place in the city which is declared to be a public or private nuisance, as set forth and stated in Section 6.10.020, 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 therefor.

(Ord. 435 § 1(part), 1990).

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 6.10.020, and any other appropriate state or local law, exists. The persons described in Section 6.10.040 shall be given a ten- day written notice delivered personally or by deposit in first-class United States mail, certified mail, return receipt requested, an opportunity to appear, either personally or by counsel or both, to be heard, to present evidence and to call witnesses on their behalf.

(Ord. 435 § 1(part), 1990).

Upon a specific finding that a nuisance as defined in Section 6.10.020 and any other appropriate state and local laws exist in the city, the city council, in applying provisions of this chapter 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/or 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 6.10.020;

(d)

Order all persons named in Section 6.10.040 to abate such nuisance 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 6.10.020 within the specified building or place;

(e)

Order the city attorney to proceed as directed in Section 6.10.030 and do all things necessary to abate, prevent or enjoin such nuisance, as defined in Section 6.10.020, through judicial proceedings.

(f)

Order that a certified copy of the resolution and a certified copy of this chapter be delivered by personal service or first-class certified mail, return receipt requested, to all persons of record having legal or equitable interest in the building or place where the nuisance exists and to any person who leases, maintains, manages, conducts or operates the building or place where the nuisance exists.

(Ord. 435 § 1(part), 1990).

A landlord may, or shall if required by Section 6.10.090, 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 6.10.020 of 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.

(Ord. 435 § 1(part), 1990).

The landlord shall state the reasons 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 6.10.070, 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 that office setting forth the reasons for the termination with specific facts to permit a determination of the date, place, witnesses and circumstances concerning the reasons.

(Ord. 435 § 1(part), 1990).

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 6.10.070. If the landlord is named as a defendant in the action, the court may impose a civil penalty in an amount not to exceed five thousand dollars against the landlord for his or her failure to comply with this section.

(Ord. 435 § 1(part), 1990).