La Mirada Municipal Code Ch. 9.102 Abatement of Public Nuisance Residential Units

The city has determined that certain activities which have been identified as public nuisances under state law are present and occurring in structures and places within the city. State law provides for the enjoining, abatement and prevention of such nuisances. The city desires to supplement the general laws relating to the abatement of such public nuisances by establishing a process whereby such nuisances may be abated by a voluntary cooperative effort between the city and the owner of the property whereon such public nuisances are occurring. The procedures established in this chapter describe and establish this process and further, establish provisions for obtaining judicial relief in circumstances where voluntary abatement is not achieved.

(Ord. 459 § 1 (part), 1992).

As used in this chapter, the following terms shall have the definitions ascribed to them as follows:

"Criminal activities" as used herein shall refer to any activity punishable as a misdemeanor or felony as defined by local, state or federal laws, including, but not limited to, the offenses set forth in California Penal Code Section 186.22(e).

"Criminal street gang" as used herein shall have the meaning as set forth in California Penal Code Section 186.22(f) and shall further include any ongoing organization, association or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of one or more criminal acts, as specified in California Penal Code Section 186.22(e), having a common name or common identifying sign or symbol, and whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity.

(Ord. 491 § 13 (part), 1995; Ord. 459 § 1 (part), 1992).

(a) Every building or place used for the purposes of criminal activity by a criminal street gang, gangs or individual members thereof, or wherein or whereupon such criminal activity takes place, or as described in California Penal Code Section 186.22a, is a public nuisance and may be abated as set forth herein.

(b) Every structure or place used for the purpose of unlawfully selling, serving, storing, keeping, manufacturing, or giving away any controlled substance, precursor and analog specified in state law, and every building or place where such activity occurs or as is defined in Health and Safety Code Section 11570 is a public nuisance and may be abated as set forth herein.

(c) Abatement procedures provided by state law which, respectively, relate to California Penal Code Section 186.22a or Health and Safety Code Section 11570 may be commenced by the city attorney as provided herein.

(Ord. 491 § 13 (part), 1995; Ord. 459 § 1 (part), 1992).

(a) Written Allegations. Any person may submit to the city written allegations regarding the existence of a nuisance as defined herein at a specific structure or place. Such written allegations shall be factual in nature and provide specific details which serve to support the allegations. Notwithstanding the foregoing, the police department or any code enforcement agency of the city, may identify a structure or place which is believed to be a nuisance as defined herein.

(b) Investigation of Allegations. The police department and city shall investigate all allegations regarding the existence of the nuisance utilizing appropriate investigative procedures. Such investigation may include, but is not limited to, a review of calls for service for nuisance-related activities, statements or admissions of the property owner or occupants of the subject structure or place, and declarations from adjacent property owners or occupants.

The chief of police shall determine if the results of the investigation warrant proceeding to a nuisance abatement hearing.

If the nuisance abatement hearing is determined to be justified, the city manager, or his designee, shall proceed as set forth in Section 9.102.050.

If a nuisance abatement hearing is not found to be justified, a written notice of such decision shall be mailed by first class mail to the party who submitted the written allegations.

(Ord. 459 § 1 (part), 1992).

When the chief of police has determined that a nuisance abatement hearing is justified, the city manager, or his designee, shall establish a date, time and place for such hearing.

Notice of the hearing shall be sent by certified mail to the owner(s) of record of the property at the address as shown on the last equalized tax assessment roll, and to the party who filed by the allegations.

The notice shall be sent not less than ten calendar days prior to the date established for such hearing.

The notice shall contain the following:

(1) Identification of the street address and assessors parcel number of the subject property;

(2) Identification of the alleged nuisance and the evidence in support thereof;

(3) A description of the hearing process and the rights of the property owner;

(4) An explanation of the alternative civil abatement process; and

(5) A description of the appeal process.

(Ord. 459 § 1 (part), 1992).

(a) General Provisions.

(1) The city manager, or his designee, shall serve as the nuisance abatement hearing officer.

(2) The hearing officer shall have the power and duty to administer oaths and affirmations and to certify to official acts.

(3) The hearing shall be recorded by means of audio tape recording or any such other means as the hearing officer deems appropriate.

(4) All persons presenting oral testimony shall be sworn prior to taking such testimony.

(5) All written evidence shall be signed and dated by the person submitting the same.

(b) Presentation of Evidence.

(1) Each party may call and examine all witnesses, present evidence, rebut any evidence presented against the party and be represented by anyone the party may choose.

(2) All relevant evidence shall be admitted and considered by the hearing officer, whether such evidence be oral or written. Irrelevant or repetitious testimony shall be excluded by the hearing officer.

(c) Decision of Hearing Officer.

(1) The hearing officer shall, not more than five business days after the hearing, render a written decision which shall, on the basis of the evidence as presented, determine the existence or nonexistence of the alleged nuisance.

(2) If a nuisance is found to exist, the hearing officer shall describe the nuisance with particularity and shall specify a reasonable time frame for the voluntary abatement of the nuisance(s) by the property owner by any lawful means. Further, the decision shall explain the civil abatement alternative if voluntary abatement fails to abate the nuisance.

(3) The written decision shall be served on the property owner and interested parties by certified mail.

(Ord. 459 § 1 (part), 1992).

The property owner may appeal the decision of the hearing officer on any grounds, on or before the tenth day after the date of the hearing officer's decision. Such appeal shall be written and shall describe with particularity the grounds for the appeal. Such appeal shall be placed on the first available city council agenda.

The city council shall consider the appeal in conjunction with and respective to the record of the nuisance abatement hearing. The city council may revise, amend or otherwise alter the decision of the hearing officer in its sole discretion insofar as such is supported by the evidence.

(Ord. 459 § 1 (part), 1992).

When the property owner or other interested party responsible for the subject structure or place fails to abate the nuisance within the time frame as established for such abatement, the city attorney is authorized to proceed with a civil action to abate the identified nuisance pursuant to the applicable state or federal law. Such abatement action may include seeking a temporary injunction and any applicable damages, costs, and remedies. In the event such damages and costs are not satisfied, such shall become a lien and charged against the subject structure or place.

(Ord. 459 § 1 (part), 1992).