Compton Municipal Code § 7-16 Places and Buildings Used for Selling or Storing Controlled Substances Declared…

[Ord. #1693, Preamble]

It is the desire and intent of the City Council of the City of Compton to eliminate the unlawful selling, 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; and 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. 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 division, and every building or place wherein upon which such acts take place, is a nuisance which shall be enjoined, abated and prevented...; and Section 3479 of the Civil Code of California defines "Nuisance" as: Anything which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner,...of...any public park, square, street, or highway, is a nuisance. 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 has debilitated family life in Compton causing severe damage to the minds of thousands of citizens in Compton, over 200 drug related deaths, and over 2,000 mental distress cases. The Compton Police Department has identified through arrest records and Court records buildings or places in the City of Compton used for the unlawful selling, storing, keeping or giving away of controlled substances as defined in the Health and Safety Code.

[Ord. #1693, § 4301]

a. 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 controlled substances as defined under Section 11000 et seq. of the Health and Safety Code a nuisance, whether public or private.

b. The City Attorney pursuant to Section 11571 of the Health and Safety Code is directed to recommend to the District Attorney to abate, prevent and enjoin the unlawful selling, serving, storing, keeping or giving away of any controlled substances within any building or place in the City of Compton.

c. The City Attorney shall send a certified copy of this section and a recommendation of abatement provided for in Subsection 7-16.3b, that any and every person who shall own, legally or equitably, lease, maintain, manage, conduct, or operate a building or place in the City which is declared to be a public or private nuisance as set forth and stated in Paragraph a of this subsection is deemed to be a person who has knowledge of such nuisance for the purpose of this section and is, thereafter, responsible for its maintenance, and shall be liable thereof.

[Ord. #1693, § 4302]

a. The City Council may, upon its own motion or upon written charges filed with Council by the Chief of Police or the City Attorney, set a public hearing before the Council to determine if a nuisance as set forth in Subsection 7-16.2 and any other appropriate state or local laws, exist. At the hearing, the persons described in Subsection 7-16.2c shall be given an opportunity to appear, either personally or by counsel, to be heard, to defend themselves and they may call witnesses on their behalf.

b. Upon a specific finding that a nuisance, as defined in Subsection 7-16.2a and any other appropriate state or local laws, exists in the City, the City Council, in applying provisions of this section to such nuisance, shall provide for the following by Resolution:

1. Declare the fact that such nuisance exists.

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

3. Set forth evidentiary facts considered by the City Council in arriving at its factual determination that a nuisance exists, as defined in Subsection 7-16.2a.

4. (Reserved)

5. Order the City Attorney to proceed as directed in Subsection 7-16.2b and do all things necessary to abate, prevent or enjoin such nuisance, as defined in Subsection 7-16.2a through judicial proceedings.

6. Order that a certified copy of the Resolution and a certified copy of this section 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.