Fairfield Municipal Code Art. IX Community Safety

(a) The City Council finds that:

(1) The ongoing occurrence of criminal activity on real property within the City may constitute a public nuisance and pose a significant risk to public safety.

(2) Property owners are responsible for monitoring their property and must take appropriate and reasonable action to prevent or address public nuisances or criminal activity on their property. Furthermore, the City must be able to take administrative or judicial action against Property Owners who are aware of a nuisance on their property and fail to take appropriate and reasonable action to address it, in order to protect the health, safety, and welfare of the City’s residents and the community.

(3) Community safety must be protected in a way that does not result in housing discrimination or evictions based upon prejudice, unsubstantiated fear, or personal animosities.

(b) Based on these findings, the purpose of this chapter is:

(1) To provide administrative and civil remedies against property owners and homeowners associations who permit, allow, or fail to prevent ongoing criminal or nuisance activities to occur on their properties.

(2) It is not the purpose of this chapter to subject property owners to any legal liability resulting from a tenant’s actions occurring away from the owner’s property, other than when a tenant’s actions take place within a common area owned by a homeowners association that the property owner is a member of within a condominium or other housing development.

(3) Nothing in this chapter exempts property owners from strict compliance with state and federal housing laws, including, but not limited to, laws regarding evictions, retaliatory or discriminatory conduct or invasion of privacy.

(Ord. 2007-18, § 2.; Ord. No. 2014-02, § 1; Ord. No. 2014-01, § 1)

(a)

"Administrative Expenses"

include, but are not limited to:

(1)

The costs associated with any hearings before a Hearing Officer.

(2)

The City’s personnel costs, direct and indirect, incurred in enforcing this chapter and in preparing for, participating in or conducting any hearings subject to this chapter, including but not limited to attorney’s fees.

(3)

The cost incurred by the City in documenting the safety violations, including, but not limited to the actual expense and costs of the City responding to safety violations; investigating and enforcing statutory crimes related to the safety violation, including, but not limited to, court appearances, conducting inspections, attending hearings, preparing notices, administrative citations, and orders.

(b)

The "Chief of Police"

is the Chief of Police or his or her designee.

(c)

The "City"

is the City of Fairfield.

(d)

An "Enforcement Officer"

is the Chief of Police or any person authorized by the Chief of Police pursuant to this Article to enforce violations of this chapter.

(e)

A "Hearing Officer"

is any person designated by the Chief of Police to preside over the administrative hearings pursuant to this chapter. The designated Hearing Officer should have knowledge of property management and rental housing laws and procedures.

(f)

"Owner" and "Property Owner"

mean the owner or owners of record of the subject real property as shown on the latest equalized tax assessment roll of Solano County or as otherwise actually known to the Chief of Police. The term "Owner" and "Property Owner" also includes homeowners associations and members of such associations.

(g)

"Person"

means individuals, corporations, associations, condominium associations, partnerships, limited liability companies, trustees, lessees, agents, and assignees.

(h)

"Real Property" or "Property"

means the lot or parcel of land for which the owner has legal ownership or exercises custody or control thereof. The term "Real Property" or "Property" also includes common areas within condominium or other housing developments.

(i)

A "Safety Violation"

is an activity prohibited by Section 12.940 below.

(j)

"Tenant"

means a person or persons with a lease or other possessory interest in the Real Property in question.

(Ord. No. 2014-02, § 2; Ord. No. 2014-01, § 2)

(a) The provisions of this chapter shall apply to all Real Property whether owner-occupied or a rental property, whether residential, commercial, industrial, improved, or unimproved, throughout the City.

(b) A criminal conviction is not required for establishing the occurrence of a Safety Violation pursuant to this chapter. The remedies set forth in this chapter are cumulative and additional to any and all other legal remedies whether set forth elsewhere in the Fairfield City Code, or in state or federal laws, regulations, or case law.

(a) Every Person owning, possessing, or having charge or control of Real Property within the City is required to manage that Property in a manner so as not to violate the provisions of the chapter. The Property Owner shall be liable for Safety Violations on the Property regardless of any contract or agreement with any third party regarding the Property.

(b) Every Tenant, lessee, or holder of any possessory interest in the Real Property shall:

(1) Comply with all federal, state, and local laws applicable to the Property.

(2) Maintain the Property in a manner so as not to violate the provisions of this chapter.

The Chief of Police is the Enforcement Officer responsible for administering and enforcing the provisions of this chapter. The Chief of Police shall have the authority to designate employees as Enforcement Officers in conformance with this chapter to assist with enforcement responsibilities of this chapter, including the issuance of administrative citations.

No Property Owner shall, with actual or constructive knowledge, allow, permit or fail to prevent a Safety Violation to occur on his or her Property more than once or after receipt of notice pursuant to Section 12.950 if this chapter. A Safety Violation consists of any of the following activities:

(a) The illegal manufacture, cultivation, sale, use, or possession of controlled substances or other illegal drugs and substances on the property.

(b) Any act of prostitution on the property evidenced by the arrest of one or more persons.

(c) Unlawful activities of a criminal street gang on the property (as defined in Penal Code Section 186.22).

(d) The unlawful discharging of a firearm or brandishing of a weapon by any person on the property.

(e) Unlawful criminal acts on the property, whether or not a criminal case is filed, including rape, attempted rape, robbery, battery, homicide, shootings, kidnapping, arson, or gambling.

(f) The unlawful gathering or coming and going of people who have the intent to commit any of the above Safety Violations on the premises within one year of an arrest for a crime related to the same type of Safety Violation.

(Ord. No. 2014-02, § 3; Ord. No. 2014-01, § 3)

(a) To commence enforcement of this chapter, the Enforcement Officer shall, within ninety (90) days from the date of a Safety Violation as defined herein, notify the Property Owner of the occurrence of a Safety Violation on the Owner’s Property. The notice shall be served on the Property Owner by personal service or certified mail at the address listed on the latest tax assessment role. If the owner lives out of state or will not accept certified return mail, then service may be made by first-class mail. When the Owner of the Property cannot be located after a diligent search, service may be made by publication in the local newspaper of general circulation which is most likely to give actual notice to the owner.

(b) When the Enforcement Officer notifies an Owner of rental property of a Safety Violation allegedly caused by a specific Tenant or the Tenants of a specific unit or Property, the Enforcement Officer shall concurrently give written notice thereof to the property manager, when one exists, and the specific Tenants of the unit or Property. The notice to the Tenants need not be given when the Enforcement Officer determines that doing so would endanger persons or compromise an ongoing police investigation.

(c) The notice shall provide information on how to schedule an informal meeting with the Enforcement Officer at which the Owner and Tenant shall be given the opportunity to demonstrate that he or she is not causing, allowing, permitting, or failing to prevent a Safety Violation or discuss abatement methods.

(d) The notice shall also contain the following information:

(1) The address where the Safety Violation is occurring.

(2) A statement specifying the activities and behaviors which constitute the Safety Violation, including the names (when known) of the person or persons allegedly causing the Safety Violation. This statement may include reasonable actions which the Enforcement Officer directs the Property Owner to take to abate the violation.

(3) A statement directing the owner to abate the Safety Violation within thirty (30) calendar days of the date of notice. Required abatement measures may include, but are not limited to, those listed in Section 12.963(b). An owner may, in writing, request an extension of time to abate the violation. The extension will be granted, in writing, if the Owner is making good faith efforts, cooperating with the City, or participating in mediation with the City, or where the Owner’s good faith efforts are delayed by circumstances beyond the owner’s control due to federal, state, and local timelines relating to evictions, judicial proceedings relating to the Property, or other extenuating circumstances.

(4) A statement informing the owner that if any Safety Violation occurs or reoccurs after the date of notice, an administrative citation, including a penalty not to exceed one thousand dollars ($1,000) for each new Safety Violation, may be issued and imposed upon the owner and, if not paid, it shall become a special assessment against the Property, as set forth below.

(5) A statement that the Owner must, in responding to the notice and working with Tenants, comply with all applicable federal, state, and local regulations relating to evictions and prohibitions against discrimination.

(6) The Enforcement Officer or the Property Owner may mutually agree to participate in an informal mediation program designed to foster cooperation between Property Owners, the City, and other interested parties. The Enforcement Officer or the Property Owner may request the use of informal mediation in writing.

(e) After an initial notice, the City shall not be responsible for providing notice pursuant to this section prior to issuance of a citation for subsequent Safety Violations on the same Property that occur within the latter of (1) three hundred sixty-five (365) days of mailing or publication of the initial notice or; (2) that occur within three hundred sixty-five (365) days following the Hearing Officer’s decision pursuant to Section 12.963 below.

(Ord. No. 2014-01, § 4; Ord. No. 2014-02, § 4)

(a) A violation of this chapter may result in any or all of the following actions and/or fines:

(1) Any person who violates the provisions of this Chapter shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not to exceed $1000.00 per violation

(2) Issuance of administrative citation(s) and/or an order to abate the Safety Violation(s) with a fine for each and every Safety Violation not to exceed one thousand dollars ($1,000) for each violation, plus any Administrative Expenses incurred in the enforcement of this chapter. Each day the Safety Violation(s) continue shall be deemed a new violation subject to additional citations and fines. Written notice shall be provided to the recipient of a citation or order advising that the recipient may request a hearing as set forth in the provisions of Section 12.960.

(3) Institution of a civil action by the City Attorney pursuant to Health and Safety Code Section 11570, et seq., and Penal Code Sections 186.22a or 11225, et seq., for injunctive relief, closure of the Property for up to one year, and civil penalties in an amount not to exceed twenty-five thousand dollars ($25,000.00), which shall constitute a lien on the Property. In any civil action brought pursuant to this chapter, the court may award reasonable attorney fees and costs to the prevailing party.

(4) Imposition and enforcement of abatement orders pursuant to Section 12.950(d)(3) or Section 12.963(b).

(b) Fines will not be enforced, nor will civil action be commenced, if the Enforcement Officer determines that the owner is making a good faith effort to abate the Safety Violation. Indicia of good faith may include prompt responses to City communications and requests, active professional property management, and other steps taken to remedy the conditions contributing to the Safety Violation.

(c) All fines shall be the obligation of the Owner and are due and payable within thirty (30) days of issuance of the citation, provided that when a request for a hearing is made, the fines and Administrative Expenses shall be due and payable within thirty (30) days of the date of the Hearing Officer’s written decision. Any fine or Administrative Expense not paid within the time limits set forth, shall be collected pursuant to the procedure set forth in this chapter.

(Ord. No. 2014-02, § 5; Ord. No. 2014-01, § 5)

The Property Owner has the right to request a hearing in response to a citation or abatement order issued pursuant to this chapter.

(a) Requests for hearings shall be made in writing to the Chief of Police on forms provided by the City.

(b) A request for a hearing to contest a citation or abatement order shall be made within thirty (30) calendar days after the Enforcement Officer’s issuance of the citation or abatement order pursuant to Section 12.950(d)(3).

(c) When a request for hearing is not filed within the time period set forth in subsection (b) of this section, the citation shall be deemed to be undisputed by the Property Owner and shall be final.

(Ord. No. 2014-02, § 6; Ord. No. 2014-01, § 6)

(a) Upon the Property Owner’s request for a hearing, the Enforcement Officer shall issue a hearing notice as set forth in section 12.950(a) above. The notice shall contain the following:

(1) A copy of the citation or Enforcement Officer’s abatement order at issue.

(2) Direction to the Owner to appear before a Hearing Officer at a stated time, but in no event less than ten (10) calendar days after mailing of the hearing notice.

(3) The abatement actions the Owner may be asked to take if the matter is not resolved before or during the hearing.

(Ord. No. 2014-02, § 7; Ord. No. 2014-01, § 7)

(a) At the time set for the hearing, the Hearing Officer shall proceed to hear the testimony of City staff, the Owner, any Tenants, and other persons regarding the behaviors and activities creating the alleged Safety Violation, the steps necessary to abate the violation, and, when applicable, the imposition of an administrative penalty. Testimony will be given under penalty of perjury. The Hearing Officer shall consider information regarding industry standards of practice, as well as the reasonableness of any remedy.

(b) The parties participating in a hearing under this Ordinance may be represented by an attorney or other person of the party’s choice.

(c) When a party does not proficiently speak or understand the English language, the party may provide an interpreter, at the party’s own expense, to translate for the party. An interpreter shall not have any involvement in the issues of the case prior to the hearing.

(d) The Hearing Officer may inspect the Property at issue prior to, during, or after the hearing, provided that:

(1) Consent is granted by a person with the lawful right to grant consent or an inspection warrant is obtained;

(2) The parties are given an opportunity to be present during the inspection;

(3) The Hearing Officer shall state during the hearing, or file a written statement after the hearing and upon completion of the inspection, the material facts observed and the conclusions drawn there from; and

(4) Each party shall then have a right to rebut or explain the matters so stated by the Hearing Officer during the hearing.

(a) When it is shown by a preponderance of evidence that the activities occurring on a Property constitute a Safety Violation and that the Owner of the Property did not take adequate steps to abate the Safety Violation, the Hearing Officer shall issue a written decision declaring the Property Owner in violation of this chapter. The Hearing Officer may affirm, reject, or modify any administrative fine or abatement order imposed on the Owner by the Enforcement Officer based upon the severity of the Safety Violation and the Owner’s efforts, or lack thereof, to remedy the situation.

(b) The Hearing Officer may order the Owner to take such action he/she deems appropriate to abate the Safety Violation. The actions shall be reasonable and may include, by way of example:

(1) Timely reporting of any further Safety Violations occurring on the Property of which the Property Owner, property manager or their respective agents have or should have knowledge.

(2) Provision of additional exterior lighting.

(3) Hiring of qualified and experienced security personnel on the Property.

(4) Installation of appropriate fencing.

(5) Posting of signs on the Property, and provisions in rental applications and lease agreements, which state that illegal use of controlled substances and other Safety Violations on the Property shall be grounds for eviction, to the extent permissible under state and federal law.

(6) Hiring a competent property management firm to manage the Property.

(7) Hiring a competent resident manager who has experience, education, and training in rental property management.

(8) Posting signs on the Property setting forth the name, address, and daytime and evening telephone numbers of the Owner or of a local property manager who is authorized to make decisions relating to management of the Property.

(9) Obtaining education and training in rental property management.

(10) Require the Homeowners Association to enforce its CC&R’s to prevent or remedy Safety Violations by members or their tenants.

(11) Such other reasonable actions as may be deemed appropriate by the Hearing Officer.

(c) The Hearing Officer does not have the authority to order the Owner to evict a Tenant or any other person from the Property. Where the Owner can show that the Owner has taken all reasonable and legal steps to abate the Safety Violation, without success, the Hearing Officer shall dismiss the citation.

(d) The Hearing Officer’s decision shall inform the Owner that (1) the citation is upheld and the fine is due and payable within thirty (30) calendar days and subject to Section 12.970 below; or (2) if the Safety Violation is not abated within the time specified and the Owner has not complied with all orders of the Hearing Officer, an administrative fine in an amount not to exceed five hundred dollars ($500) for each day the Safety Violation continues may be imposed upon the Owner and a special assessment may be placed against the Property; or (3) the citation is dismissed.

(e) The Hearing Officer shall make the final administrative decision within 15 days of the hearing. The decision shall inform the Owner that the appeal of the Hearing Officer’s decision is governed by California Code of Civil Procedure Section 1094.6.

(f) The decision shall be posted on the Property and served upon the Owner in the manner set forth in Section 12.950(a) above, and shall be sent by first class mail to any Tenants other than the Owner, any holder of any mortgage or deed of trust or other lien or encumbrance of record, the Owner or holder of any lease of record, and the holder of any other estate or legal interest of record in the Property. Failure to serve the decision on any person specified herein shall not invalidate proceedings against any person who is properly served.

(Ord. No. 2014-02, §§ 8, 9; Ord. No. 2014-01, §§ 8, 9)

The City Attorney or his or her designee may commence appropriate judicial action against any Owner or Tenant who fails to abate a Safety Violation pursuant to the order of the Hearing Officer.

When the fine and Administrative Expenses are not paid as required by the citation or order of the Hearing Officer, the City Council may order that the fine and Administrative Expenses be specially assessed against the Property involved. When the City Council orders that the fine and Administrative Expenses be specially assessed against the Property, it shall confirm the assessment and thereafter said assessment may be collected at the same time and in the same manner as ordinary Real Property taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary Real Property taxes.