Cudahy Municipal Code Art. V Drug Dealing – Evictions

A landlord may, or shall if required by CMC 9.04.570, 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:

(1) The tenant is using the rental unit, or allowing the rental unit to be used, for illegal drug dealing activities or purposes. 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.

(2) 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. 409 § 1. 2002 Code § 3-9.1).

The landlord shall state the reason 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 CMC 9.04.550, the landlord shall file with the city attorney, or other city office designated by the city council, a declaration in a form and in the number prescribed by said office setting forth the reasons for the termination with specific facts to permit a determination of the date, place, witnesses and circumstances concerning the reason. (Ord. 409 § 1. 2002 Code § 3-9.2).

An action under this article to recover possession of a rental unit shall be commenced by the landlord within 60 days after notice and request of the city attorney or sheriff of Los Angeles County, in a letter sent certified mail with a return receipt requested, notifying the landlord of the ground or grounds specified in CMC 9.04.560. (Ord. 409 § 1. 2002 Code § 3-9.3).

If a landlord does not commence an action when required under the provisions of this article to recover possession of the rental unit, the city attorney or sheriff of Los Angeles County 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 CMC 9.04.550. If the landlord has been named as a defendant in the action, the court may impose a civil penalty in an amount not to exceed $5,000 against the landlord for his or her failure to comply with this article. (Ord. 409 § 1. 2002 Code § 3-9.4).