Kern County Municipal Code Ch. 9.36 Nuisance Parties

The board of supervisors, pursuant to the police powers delegated to it by the California Constitution, has the authority to enact laws which promote the public health, safety and general welfare of its residents.

The foreclosure rate in Kern County on residential homes is one of the highest in the nation and approximately one fourth of the residential property for sale in the county is lender owned. There has been an increase in the occurrence of loud and unruly gatherings held at vacant homes that are for sale and where the owner has not given permission for the gathering to take place. It is necessary to deter and prevent such gatherings and to deter persons who actively and passively promote or aid such gatherings.

The purposes of this chapter are to protect the public health, safety and general welfare, to deter the use of vacant property that is for sale as a site for a party and to reduce the costs of providing police, fire, and other emergency response services to such loud or unruly gatherings. These purposes are implemented by the imposition of a civil money penalty against those attending. Such gatherings constitute a public nuisance as they affect at the same time the entire community of Kern County as well as the neighborhoods in which they occur. The nuisance created thereby presents an immediate threat to the public health and safety, warranting summary abatement by the sheriff under Government Code Section 25845, subdivision (a).

(Ord. G-7731 § 2 (part), 2008)

A nuisance party is any party or social gathering where those attending have entered on and are occupying any real property or structures owned by any other person without the consent of the owner, the owner's agent, or the person in lawful possession and which, by reason of the conduct of the persons in attendance, results in one or more of the following conditions or events occurring at the site of the party or social gathering:

A. Disorderly conduct;

B. Furnishing or dispensing any alcoholic beverage to an underage person or possession or consumption of any alcoholic beverage by an underage person;

C. Illegal use of a controlled substance;

D. Illegal deposit of litter or refuse;

E. The defacing, damaging or destruction of the real property, fixtures, furnishings, or property at the site.

(Ord. G-7731 § 2 (part), 2008)

Attending, promoting or coordinating a nuisance party is a civil violation of this chapter, and a public nuisance constituting an immediate threat to public health and safety warranting summary abatement, Such a violation subjects any and all responsible persons to a civil money penalty of one thousand dollars ($1,000.00).

Violations of this section shall be noticed by citation, issued by the sheriff, to any and all persons identified by the sheriff as attending, promoting or coordinating a nuisance party within thirty (30) days of the nuisance party. The citation shall also give notice of the right to request an administrative hearing to challenge the validity of the citation, and the time for requesting that hearing.

(Ord. G-7731 § 2 (part), 2008)

A. Any person who is subject to an administrative penalty issued pursuant to Section 9.36.030 of this chapter may contest the administrative penalty by filing an appeal with the clerk of the board of supervisors within fifteen (15) days from issuance of the citation.

B. The board of supervisors may reverse, affirm wholly or partly, or modify the administrative penalty. The decision of the board of supervisors on any such appeal shall be final on adoption of an order containing its determination. Notice of the final decision shall be served by certified or registered mail on the affected persons.

C. Pursuant to Section 1085 of the Code of Civil Procedure, any person who has been named in an order issued pursuant to this chapter may, following exhaustion of administrative remedies, seek judicial review of the order by filing a petition for writ of mandate within ninety (90) days after the order becomes final and binding pursuant to this chapter. Notwithstanding the provisions of Section 1094.5 or 1094.6 of the Code of Civil Procedure, any person who contests the final administrative order issued under this chapter regarding the imposition, enforcement or collection of the administrative penalties imposed, may seek judicial review of the order by filing an appeal with the Superior Court within twenty (20) days after service of the order in accordance with Section 53069.4 of the Government Code. Any other person who has the right to seek judicial review of the order by filing a petition for writ of mandate pursuant to Section 1085 of the Code of Civil Procedure shall do so within one hundred eighty (180) days after the order has become final and binding pursuant to this chapter. The filing of a petition for writ of mandate to review the order shall not stay any action specified in the order.

(Ord. G-7731 § 2 (part), 2008)

This chapter shall not apply to activities protected by article I, section 4 of the California Constitution.

(Ord. G-7731 § 2 (part), 2008)

A nuisance party as defined in Section 9.36.010 constitutes a public nuisance and an immediate threat to public health and safety and shall be summarily abated by the sheriff by all reasonable means including, but not limited to, an order requiring the gathering to be disbanded and citation under this chapter as well as citation and/or arrest of any law violators under any other applicable ordinances and state statute. The district attorney and the sheriff are authorized to administer and enforce the provisions of this chapter. The district attorney and the sheriff may exercise any enforcement powers provided by law in executing this chapter.

(Ord. G-7731 § 2 (part), 2008)