Huntington Park Municipal Code Ch. 37 Narcotics and Gang-Related Crime Eviction Program

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

"Controlled substance"

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

"Drug-related nuisance"

shall mean any activity related to the possession, sale, use or manufacture of a controlled substance that creates an unreasonable interference with the comfortable enjoyment of life, property and/or safety of residents of the premises. Such activity includes, but is not limited to, any activity commonly associated with illegal drug dealing, such as noise, steady traffic, day and night, to a particular unit, barricaded units, the display or observance of weapons, loitering in a manner or under circumstances set forth in Health and Safety Code Section 11532, or other drug-related occurrences which, taken as a whole, tend to substantially affect or interfere with any tenant's beneficial use and enjoyment of any rented property.

"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 Section 11350) or Chapter 6.5 (commencing with Section 11400) of the Health and Safety Code, or any successor provisions thereto.

"Landlord"

means any owner of record, lessor, or sublessor (including any person, firm, corporation, partnership, or other entity) who receives or is entitled to receive rent for the use of any rental unit, or the agent, representative or successor of any of the foregoing.

"Premises"

means any rental unit and the land on which it and any other buildings of a complex are located and common areas, including, but not limited to, garage, facilities, streets, alleyways, stairwells, elevators, and, as the context permits or requires, any public or private property which is immediately adjacent to any of said areas.

"Rental unit"

means any dwelling unit as defined in Section 9-3.113 of this Code, including, but not limited to, any single and multi-family residence, duplex, and/or condominium in the City of Huntington Park. This term shall also include any mobile home, whether rent is paid for the mobile home, the land upon which the mobile home is located, or both. It shall also mean any recreational vehicle, as defined in California Health and Safety Code Section 18010, if located in a mobile home park or recreational vehicle park, whether rent is paid for the recreational vehicle, the land upon which it is located, or both.

"Tenant"

means any tenant, subtenant, lessee, sublessee or any person entitled to use or occupancy of a rental unit, or any other person residing in the rental unit.

(§ 1, Ord. 637-NS, eff. Jan. 19, 2000)

A landlord shall not cause or knowingly permit:

(a) Any premises under his or her control to be used or maintained for any illegal drug activity, gang-related crime, or in such manner as to constitute a drug-related nuisance; or

(b) Any tenant to use or occupy premises under the landlord's control, if the tenant commits, permits, maintains or is involved in any illegal drug activity, gang-related crime, or drug-related nuisance on the premises.

(§ 1, Ord. 637-NS, eff. Jan. 19, 2000)

The Chief Administrative Officer, or his or her designee, may promulgate such administrative procedures as may be necessary to implement the provisions of this chapter.

(§ 1, Ord. 637-NS, eff. Jan. 19, 2000)

Grounds for eviction: Notwithstanding any provision of the Huntington Park Municipal Code to the contrary, a landlord may bring an action to recover possession of a rental unit upon any of the following grounds:

(a) The tenant is committing or permitting to exist any illegal drug activity, gang-related crime, or drug-related nuisance on the premises; or

(b) The tenant has been convicted of a crime wherein the underlying offense involves illegal drug activity, drugrelated nuisance activity or a gang-related crime on the premises.

(§ 1, Ord. 637-NS, eff. Jan. 19, 2000)

(a) Provided the owner of record or agent thereof, and any known manager, of a premises have been served with a written notice by certified mail, return receipt requested, advising that the Chief of Police has determined that the landlord is in violation of subsection (a) of Section 5-37.02, and has failed to comply with the provisions of that subsection within 10 business days of the date of service of said notice, or to file an appeal within said period as provided herein, then the City may file an action for injunctive relief or utilize any other remedy provided by law to compel compliance, including, but not limited to, all remedies available to abate a nuisance.

(b) For purposes of this section, the written notice shall also identify the offending tenant(s), unit number if applicable, and the specific violation(s), and shall state the date(s) and time(s) of any observed criminal activity and any resulting arrest(s), and shall further state that as to such tenant(s) the landlord is required to serve and diligently prosecute either a three day notice to quit or a 30 day notice to vacate. The term "diligently prosecute" shall mean prosecution by the landlord as is necessary to cause the subject rental unit to be completely vacated by all occupants. No such vacated rental unit may be re-rented, leased or otherwise reoccupied by the prosecuted tenant(s) prior to the expiration of a 12 month period following the vacation of the rental unit by the tenant(s).

(c) The required notice shall also state that within the 10 day period, the landlord may file a written appeal of the determination of violation with the Chief Administrative Officer who shall cause the matter to be set for hearing. Written notice of the date and time of said hearing shall be served by first class mail, addressed to the landlord's last known business address. Following the conclusion of the hearing, the Chief Administrative Officer may affirm, reverse, or reverse subject to conditions, the Police Chief's determination of violation. The Chief Administrative Officer's decision shall be based upon written findings and shall be final.

(d) In the event no appeal is timely filed or an appeal is denied, the City may immediately proceed to enforce the provisions of this chapter against such landlord by way of criminal or civil code enforcement action, or by any other remedy provided by law to compel compliance. The violation of any of the provisions of this chapter shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances.

(e) 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, payable to the City of Huntington Park, and/or require the payment of the City's attorney's fees, costs of investigation, and discovery and court costs.

(f) Any person violating any provision of this chapter shall be guilty of an infraction.

(§ 1, Ord. 637-NS, eff. Jan. 19, 2000)

Any judgment for money, including permitted fees and costs, may be recorded as a lien against the subject property and if multiple defendants exist, they shall be jointly and severally liable for any payments so ordered.

(§ 1, Ord. 637-NS, eff. Jan. 19, 2000)