La Habra Municipal Code Ch. 9.34 Multiple Police Responses/Noise Control

"Party"

means a gathering, event or assemblage of a group of persons who have assembled or are assembling for a social occasion or for a social activity on private residential and/or commercial property including but not limited to residential dwelling units, saloons, bars, nightclubs, pool halls, restaurants, theaters or amphitheaters.

"Person"

means any individual and includes a corporation, partnership, company, association, organization or league and any other entity which owns, leases or controls property. The term "person" includes person responsible for the event.

"Person responsible for the event, assembly or gathering"

means the person who owns the property where the party takes place, the person in charge of the premises and/or the person who organized the event, assembly or gathering. If the person responsible for the event, assembly or gathering is a minor, then the parent(s) or legal guardian(s) of that minor will be jointly and severally liable for the costs incurred for the police services. If the person who organized the event, assembly or gathering is not present, then the president of the group or club in a leadership position is responsible.

"Public nuisance"

means behavior constituting a violation of the provisions of: (1) Chapter 11 of Title 7 of the California Penal Code, and (2) Sections 407 or 415 of the California Penal Code, and (3) Section 9.20.010 of the La Habra Municipal Code, or (4) other noise, explosions or audible conduct that is unreasonably loud, raucous, excessive or jarring to persons within the area of audibility in a residential area which disturbs the peace or quiet of any neighborhood.

(Ord. 1475 § 1, 1994)

A. When any loud, unruly or disorderly party occurs or is held, and the senior ranking police officer at the scene determines that the disturbance constitutes a public nuisance and is a threat to the public peace, health, safety or general public welfare, that senior officer shall notify, in his discretion, either the owner of the premises, the person in lawful custody of the premises or the person responsible for the party and inform them that person, or if that person be a minor, the parents or guardians of that minor person, shall be personally liable for the costs incurred for providing police personnel for a second or subsequent response to the same location due to a continuation of the same conduct. If the senior officer can determine that the person who organized and is responsible for the party is not physically present at the time that there is a threat, but there is another person present who maintains a leadership position amongst the majority of those persons present at the party, then that person shall be deemed for the purposes of this section to be the person responsible for the party.

B. The first response, and warning, shall be deemed to be a normal police service at no additional charge.

C. If the responding officers on a second or subsequent response determine that the disturbance continues to constitute a public nuisance as defined in this chapter and poses an immediate threat to the public peace, health, safety or general welfare, the officers shall take appropriate actions to immediately abate the public nuisance, including arrest and/or citation of persons violating the law, closure and dispersal of any party.

D. Personnel utilized on a second or subsequent response shall be deemed to be on special assignment, and the costs incurred shall be beyond normal services provided. The costs of such special assignment shall include personnel and equipment costs, damage to city property and injuries to personnel.

E. The costs incurred by the city for multiple responses to loud, unruly or disorderly parties or assemblages shall be the responsibility of the owner of the premises, the person in lawful custody of the premises, or the person responsible for said assemblage, or in the event that person is a minor, that person's parents or guardians.

(Ord. 1475 § 1, 1994)

The costs provided in this section shall be collected in the following manner:

The costs incurred by the city for multiple responses shall be forwarded to the La Habra city finance department where the cost of the special assignment shall be computed and an amount assessed which reflects the actual costs of services rendered as established by resolution of the city council of the city.

(Ord. 1475 § 1, 1994)

If the owner and occupant of the property are different persons, they shall be jointly and severally liable for the amount set forth in the invoice.

(Ord. 1475 § 1, 1994)

If the owner of the property is not the occupant of the property and if the occupant of the property does not pay the amount set forth in the invoice within thirty calendar days after the invoice becomes final or the hearing officer confirms the invoice or after the invoice has been confirmed by the board of appeals, the city shall take appropriate steps to collect the amount set forth in the invoice from the occupant of the property, including causing a lawsuit to be filed on behalf of the city against the occupant for the amount set forth in the invoice.

(Ord. 1475 § 1, 1994)

When the full amount due to the city for second or subsequent response costs, as set forth in this chapter, is not paid by the person or persons responsible therefore within thirty calendar days of the date of the billing for such costs, the chief of police shall file with the city clerk a certified statement showing the response costs incurred, the date costs were incurred and the location of the property to which the response was made. The recordation of such a certified statement by the city clerk with the Orange County recorder shall constitute a lien on the property. The remedy provided in this section shall not constitute an election of remedies by the city.

(Ord. 1475 § 1, 1994)

A. The invoice shall notify the host that a hearing to respond in opposition to the proposed action shall be available if such written request is received by the chief of police within thirty calendar days of the billing for such costs. The request protesting payment shall be in writing, shall be signed by the appellant, and shall set forth the facts and reasons upon which the appeal is based. The host shall be permitted to present any evidence or argument challenging the invoiced amount or liability for any amount.

B. If a written request protesting payment of the amount set forth in the invoice is received within thirty days, an impartial and noninvolved reviewer (hereinafter referred to as hearing officer) shall conduct an administrative hearing within an additional sixty calendar days after receipt of the written request protesting payment on a date set by the hearing officer. The city manager or his designee shall appoint the hearing officer who shall possess the authority to recommend a final disposition of the matter.

C. Said notice of the hearing shall be personally served upon the appellant, if possible. If personal service is not possible, the notice of hearing shall be served to the owner of the property as shown on the latest equalized assessment roll and to the occupant of the property at the address of the property by certified mail, return receipt requested. All notices required under this subsection shall be served at least fourteen days in advance of the hearing and shall contain a copy of all the charges, reports and documentation upon which the invoice is based.

D. At the time fixed for the hearing, the hearing officer shall consider the cost abatement statements, the protest and objections raised by the protesting party or parties, and shall hear the testimony of all competent persons desiring to testify pertaining to the costs of abating the public nuisance and any other pertinent matters, subject to reasonable limitations of cumulative testimony and other procedures as may be set forth, subject to council approval.

E. The hearing officer may revive, correct or modify the invoice as he/she considers just and thereafter shall confirm the invoice. The hearing officer shall excuse the owner or the occupant of the property from payment of the amount set forth in the invoice if the hearing officer determines that the owner or occupant was not in possession of the property at the time of the disturbance or could not have reasonably prevented the disturbance, unless the person responsible for the disturbance was the minor child of the owner or occupant of the property. The hearing officer shall excuse the owner or occupant of the property from the payment set forth in the invoice if the hearing officer determines that the owner or the occupant took reasonable steps to stop the disturbance following the first response by the police department.

F. The decision of the hearing officer shall be in writing and shall state the reasons therein for the decision to confirm the invoice.

G. The decision of the hearing officer shall be served by certified mail, return receipt requested, within fourteen calendar days after the conclusion of the hearing. Upon proof of mailing, the decision of the hearing officer shall be final.

H. The final decision of the hearing officer may be appealed to the planning commission by the owner or the occupant of the property or by any member of the city council. The planning commission shall constitute the board of appeals for any decision of the hearing officer. Notice of the appeal to the board of appeals shall be filed with the city clerk within fourteen calendar days after the decision of the hearing officer is final. A late notice of appeal will not be considered. Questions raised during the appeal process to the board of appeals shall be limited to those issues raised in the notice of appeal as set forth in subsection A of this section. The board of appeals shall conduct a hearing within an additional forty-five calendar days after timely filing of the notice of appeal with the city clerk. The board of appeals reserves the right to postpone a scheduled hearing upon good cause. The hearing officer shall give notice of the hearing by the board of appeals not less than fourteen calendar days prior thereto.

I. The filing of a timely notice of appeal shall stay further proceedings by the city until the board of appeals has made its final determination.

J. The board of appeals may uphold, reverse or modify any final determination appealed from. The decision of the board of appeals shall become final and conclusive as to all matters in controversy upon proof of service thereof by registered mail upon those persons aggrieved. Upon denial of an appeal, the appellant(s) shall have thirty days to pay the applicable response costs, or the city may commence proceedings to collect such sums as are due as provided by law and to place a lien upon the affected property.

(Ord. 1475 § 1, 1994)

If the owner of the property does not pay the amount set forth in the invoice within thirty calendar days after the invoice becomes final or the hearing officer confirms the invoice, or after the invoice has been confirmed by the board of appeals, whichever is later, the city clerk shall order that the amount set forth in the invoice shall become a special assessment against the property on which the public nuisance was abated and that a notice of lien be filed. The assessment shall continue until it is paid, together with interest at the rate of seven percent per year computed from the date of confirmation of the invoice until payment. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and it shall be subject to the same penalties, procedures and sale in case of delinquency as provided for ordinary taxes. All acts applicable to levy, collection and enforcement of property taxes shall apply to this special assessment.

(Ord. 1475 § 1, 1994)

In the event of an assessment pursuant to Section ________the city clerk shall cause to be filed in the office of the Orange County recorder a notice in substantially the following form:

(Ord. 1475 § 1, 1994)