Hemet Municipal Code Art. III Drug- and Gang-Related Nuisance on Residential Property

For the purposes of this article, the following definitions shall apply:

Controlled substance means any drug, substance, or immediate precursor, as listed in the Uniform Controlled Substances Act, Health and Safety Code § 11000 et seq.

Drug- or gang-related nuisance means any activities that, taken as a whole:

(1) Create an unreasonable and substantial interference with the quiet enjoyment of life, property and/or safety of residents, guests, or other members of the public, residing at or visiting a property, or whom reside, work, or frequent the neighborhood within which the property is located; and

(2) Is caused by, related to, or commonly associated with, either illegal drug activity or a gang-related crime. Activity that is caused by, related to, or commonly associated with illegal drug activity and gang-related crime includes, without limitation, any one or more of the following:

a. Excessive noise or other disturbances of the peace at the property for unreasonable periods of time;

b. Steady traffic in the form of cruising, drive-bys, or temporary stops at the premises, day or night, to, at, or in the vicinity of a particular property;

c. The barricading, fortification, or boarding up of a property;

d. The posting of sentries or look-outs;

e. The display or observance of weapons;

f. Any other activity which is commonly associated by law enforcement agencies with illegal drug activity and/or gang-related crimes based on observation and experience or published reports, studies, or similar literature.

Gang-related crime means any crime in which the perpetrator is a known member of a gang, or any crime motivated by gang membership in which the victim or the intended victim of the crime is a known member of a gang.

Illegal drug activity means a violation of any of the provisions of Chapter 6 (commencing with § 11350) or Chapter 6.5 (commencing with § 11400) of the Health and Safety Code, or any successor provisions thereto and includes, without limitation, the possession, sale, distribution, use or manufacture of a Controlled Substance and drug loitering as defined in Health and Safety Code Section 11532.

Knowingly means that a person has actual knowledge or has been deemed to have constructive knowledge of a fact, incident, occurrence, or condition. A person or persons shall be deemed to have constructive knowledge where the city has served upon the person or persons by regular mail, to the address of the property (or subject unit on the property) and to the mailing address indicated on the last equalized tax roll of Riverside County, or such other mailing address for the person or persons established by other official records, utility bills, and similar records.

Owner means the person(s) holding legal and/or equitable title of record to a property. The owner may be determined by information readily available to the city including, without limitation, any of the following:

(1) The person(s) indicated as the owner on the last equalized tax role of Riverside County;

(2) The person(s) indicated as the owner in a title report issued by a title company;

(3) The person(s) indicated as the owner in deeds or other instruments conveying title to real property, or a lessee under a ground lease of the property, recorded in the official records of the recorder for Riverside County;

(4) The person(s) indicated as the owner in order or judgments of the state or federal courts; and/or

(5) Tax records, permits, licenses, applications, and other legal documents issued by or submitted to a local, state or federal governmental entity in which the person(s) is indicated as the owner of the property.

Where the property is a mobile home, manufactured home, or trailer, located in a mobile home park or trailer park, the owner shall be deemed to be the person(s) with title to the mobile home coach, manufactured home, or trailer. Where the property is a condominium, townhouse or similar development in which title to dwelling units is separately owned, but there are common walls and/or common areas and facilities, the owner shall be the person(s) holding legal and/or equitable title to the dwelling unit.

Person means individual(s), corporations, associations, partnerships, limited liability companies, trustees, lessees, agents and assignees.

Person in control means a person(s) whom is known or observed to exercise influence and control over the property. A person in control does not need to be an owner, tenant or occupant, of the property.

Property means, for purposes of this article, any of the following:

(1) A lot or parcel of real property, including without limitation, all dwelling units (including apartment units) and related structures thereon.

(2) A dwelling unit, including without limitation, an apartment, duplex, quadraplex, condominium, townhouse, mobile home coach, manufactured home, trailer, or similar dwelling unit, located on a lot or parcel which may be owned, rented, or leased separately from the underlying lot or parcel.

(3) Public property, including areas of sidewalks, parkways, streets, alleys or similar areas, which is in the immediate vicinity to a Property is deemed to be part of that property.

(4) Common areas or common facilities (e.g., pools, walkways, greens, recreation rooms, playgrounds) benefitting a property, or made available to the responsible person by virtue of their ownership, lease, rental or control of a property, are deemed part of that property.

(5) Areas or facilities (e.g., a garage, or storage area) that have been assigned principally to the responsible person by virtue of their ownership, lease, rental or control of a property, are deemed part of that property.

Responsible person means an owner, tenant, or person in control of a property.

Tenant means a person(s) designated in a lease or rental agreement as the lessee, tenant or renter of the property or an identified apartment or dwelling unit (e.g., duplex, quadraplex, condo, or townhouse) located on the Property, and/or any person(s) identified in the lease or rental agreement as being authorized to reside on the property or in an indentified apartment or dwelling unit located on the property.

(Ord. No. 1849, § 1(Exh. A), 5-22-12)

Conduct or activity constituting a drug- or gang-related nuisance as defined under this article is declared to be a public nuisance subject to abatement and penalties, as provided under this article or as may otherwise be provided by this Code or under the law.

(Ord. No. 1849, § 1(Exh. A), 5-22-12)

The responsible person for a property shall not cause or knowingly permit that property:

(1) To be used or maintained for any drug- or gang-related nuisance; or

(2) To be leased, rented or occupied by any person(s) who commits, permits, maintains, abets, engages in, or is involved with, any illegal drug activity, gang-related crime, or drug- or gang-related nuisance related to the property.

(Ord. No. 1849, § 1(Exh. A), 5-22-12)

The police chief, or his or her designee, may promulgate such administrative procedures as may be necessary to implement the provisions of this article.

(Ord. No. 1849, § 1(Exh. A), 5-22-12)

(a) The city may issue administrative citations and pursue the administrative abatement procedure established in chapter 30, article II, division 4 of this Code, or file a civil code enforcement action, or utilize any other remedy, including a criminal action, provided by law to compel abatement of a drug- or gang-related nuisance.

(b) A court rendering a judgment pursuant to this section may, in addition to any other penalty or remedies provided by law, impose a civil penalty in the maximum amount permitted by law and/or require the payment of attorney's fees and costs to the prevailing party, if the city elects to seek recovery of its attorney's fees at the initiation of the action.

(Ord. No. 1849, § 1(Exh. A), 5-22-12)

Any enforcement, abatement and related administrative costs incurred by the city under section 46-54 of this article may be recorded as a nuisance abatement lien or special assessment against the premises pursuant to Government Code §§ 38773.1 and 38773.5.

(Ord. No. 1849, § 1(Exh. A), 5-22-12)

It is unlawful for any responsible person to violate any provision, or to fail to comply with any of the requirements, of this article. Notwithstanding any other provision of this Code, any responsible person who violates any provision of this article shall be subject to the following penalties:

(a) For the first violation within any 24-month period, a violation of this article is punishable by a fine not exceeding $1,500.00;

(b) For the second violation within any 24-month period, a violation of this article is punishable by a fine not exceeding $3,000.00;

(c) For a third violation within any 24-month period, a violation of this article is punishable by a fine not exceeding $4,500.00; and

(d) For a fourth violation within any 24-month period, a violation of this article shall be punishable by a fine not exceeding $6,000.00 or by imprisonment not exceeding six months, or by both such fine and imprisonment.

(Ord. No. 1849, § 1(Exh. A), 5-22-12)