Duarte Municipal Code Ch. 9.31 Abatement of Drug and/or Gang Related Nuisances

For the purpose of this chapter, the words set out in this section shall have the following meanings:

(a) "Drug" or "drugs" means one or more controlled substances, including precursors and analogs, defined in Health and Safety Code Section 11007.

(b) "Gang" means any ongoing organization, association or group of three or more persons, whether formal or informal, which has a common name or common identifying sign or symbol, and whose members individually or collectively engage in or have engaged in a pattern of illegal conduct.

(c) "Illegal conduct" means a misdemeanor or felony as defined by state or federal law.

(Ord. 661 § 1 (part), 1990)

(a) Any building or place used for the purpose of illegal conduct by a gang or gangs or gang members, or wherein or upon which illegal conduct takes place, or as defined in Health and Safety Code Section 11570, is a public nuisance and may be abated as set out herein.

(b) Abatement procedures for a nuisance as defined in Health and Safety Code Section 11570 may be commenced as set out herein.

(Ord. 661 § 1 (part), 1990)

(a) The police department and/or the department of public safety may identify a building or place which is a nuisance as defined in this chapter by documenting a pattern of continuous and repeated drug or illegal conduct in or at such building or place.

(b) Alternatively, the owner or manager of property who believes that a nuisance as defined herein may exist on his property may provide the police department and/or the department of public safety with written evidence of such nuisance and a written request that the police department and/or the department of public safety investigate under its procedures, and, where appropriate, request abatement of the nuisance.

(Ord. 661 § 1 (part), 1990)

(a) Where it has been determined that a nuisance exists as defined herein, notice of the existence of such nuisance and request for immediate abatement thereof shall be given to the owner, occupant, manager, or agent for the property and to any other person interested in the property or who has requested such notice.

(b) The first notice shall be by letter, which shall state the location of the nuisance, the type of illegal or drug activity, and the requested manner of abatement. The letter shall give thirty calendar days in which to commence voluntary abatement of the nuisance in the manner requested. Abatement may include but is not limited to eviction of the tenant(s) creating the nuisance or closure of the building.

(c) Within that thirty day period, the owner of any property so identified may request in writing that the police department and/or department of public safety proceed with abatement against the property as set out in this chapter and under state law. As a condition to abatement, the police department and the city may enter into an agreement with the owner or agent to assist in such proceedings or to bring the building into compliance with applicable state, federal and local building codes and regulations.

(d) At the end of the thirty day period, it shall be determined whether or not the nuisance is being or has been abated. If it is found that such nuisance continues to exist, the owner, occupant, manager or agent and any other interested person or person requesting notice shall be served with a second notice. The second notice shall state that the nuisance continues to exist, its location, type and manner of abatement and that abatement must commence within five working days or the matter will be referred to the city attorney for civil action.

(e) The notices required by this section shall be served by personal delivery or by mailing, first class, postage prepaid, return receipt requested, to the owner at his last known mailing address as it appears on the last equalized assessment roll of the county, and to the occupant, manager or agent at the address of the building or any other known address. The failure of any person entitled to receive such notice shall not affect the validity of any proceedings under this chapter.

(f) Upon receipt of a response from the person served, the police department and the city may agree in writing to extend the time to commence, perform or complete abatement, and may condition such extension on the performance of actions by the owner, occupant, manager, or agent, including but not limited to bringing the building into compliance with any and all applicable local, state and federal building codes and regulations.

(Ord. 661 § 1 (part), 1990)

When the owner, occupant, manager, agent or other interested and responsible person has failed to abate the nuisance after notification as set out in Section 9.31.040, or has violated the terms of any agreement reached under subsections (c) and (f) thereof, the city attorney is authorized to commence a civil action to abate the nuisance as set out under Health and Safety Code Sections 11570 et seq. and the Civil Code of California, and to seek a temporary injunction, protection of witnesses and any and all applicable damages and remedies, including attorneys fees and costs. Any such damages or costs when unpaid shall become a lien and charge against the building or property.

(Ord. 661 § 1 (part), 1990)