La Mesa Municipal Code Ch. 10.90 Rental of Housing Used for Drug Activity

(a) Landlord. "Landlord" means an owner, 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.

(b) Tenant. "Tenant" means a tenant, subtenant, lessee, sublessee, any person entitled to use or occupancy of a rental unit, or any other person who is using or occupying a rental unit.

(c) Rental unit. "Rental unit" means any dwelling unit, efficiency dwellings unit, guest room, suite, and motel or hotel room, including any single family residence, duplex, and condominium in the City of La Mesa, the land and buildings appurtenant thereto, including common areas, garage facilities, alleyways, stairwells, and elevators. This term shall also include mobile homes, whether rent is paid for the mobile home and the land upon which the mobile home is located, or the rent is paid for the land alone. Further it shall include recreational vehicles, as defined in California Civil Code Section 799.24, if located in a mobile home park, whether rent is paid for the recreational vehicle and the land upon which it is located, or rent is paid for the land alone.

(d) Controlled substance. "Controlled substance" means a drug, substance, or immediate precursor, as listed in the Uniform Controlled Substance Act, Health and Safety Code Section 11054 et seq.

(e) Drug-related use. "Drug-related use" means any use in a rental unit of a controlled substance.

(f) Illegal drug dealing activity. "Illegal drug dealing activity" means any possession for sale, any sale, storage, possession, or manufacturing of a controlled substance from or in a rental unit.

(g) Drug-related nuisance. "Drug-related nuisance" means the holding, maintenance, or use of a rental unit for the purpose of unlawfully selling, serving, storing, keeping, manufacturing, or giving away any controlled substance.

(Ord. 2550 § 1; December 12, 1989)

A landlord shall not knowingly cause or permit any rental unit to be used or maintained for any drug-related use, illegal drug dealing activity, or drug-related nuisance.

(Ord. 2550 § 1; December 12, 1989)

If the city attorney determines that a rental unit is being used or maintained in violation of Section 10.90.020, then the city attorney or any law enforcement agency may order the landlord to comply with said section. This order shall be presented to the landlord either by personal service or by a letter sent certified mail with a return receipt requested. The order shall contain as enclosures sufficient documentation to establish that the premises are being used or maintained for any drug-related use, illegal drug dealing activity or drug-related nuisance. Nothing herein shall be interpreted as authorizing the release of documentation which would violate an individual's rights to privacy or any other applicable provision of law that precludes the release of public records. Nothing herein shall authorize a search of any rental unit or seizure of any property by the landlord under color of authority of the City of La Mesa or any employee or official thereof.

(Ord. 2550 § 1; December 12, 1989)

A landlord shall in good faith comply with the notice prescribed by Section 10.90.030. If the landlord fails to comply with the notice, then the city attorney or any law enforcement agency may take any lawful action to enforce Section 10.90.020 hereof. Good faith compliance may be shown by the landlord's obtaining the voluntary surrender of the premises by the tenant; or the landlord's commencement and prosecution of unlawful detainer proceedings; or the landlord's demonstration in writing to the satisfaction of the city attorney that commencement of unlawful detainer proceedings is not supported by the evidence received by the city and by the landlord, taken as a whole.

(Ord. 2550 § 1; December 12, 1989)

In addition to any other enforcement action, the city attorney may declare an alleged violation of Section 10.90.020 or the activities described therein to constitute a public nuisance and may commence abatement of the conditions giving rise thereto in accordance with Health and Safety Code Section 11570 et seq.

(Ord. 2550 § 1; December 12, 1989)

Nothing contained in this chapter shall be construed or interpreted in such a way as to create a principal-agent relationship between the city and the landlord. Nothing herein shall prohibit the landlord from complying with said section by commencing and prosecuting unlawful detainer proceedings based on legal grounds other than illegal drug activity.

(Ord. 2550 § 1; December 12, 1989)

If any section, sentence, clause, phrase, part, or portion of this chapter is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. It is hereby declared that this chapter and each section, subsection, sentence, clause, phrase, part, or portion thereof, would have been adopted or passed irrespective of the fact that any one or more sections, sentences, clauses, phrases, parts, or portions be declared invalid or unconstitutional.

(Ord. 2550 § 1; December 12, 1989)