La Mirada Municipal Code Ch. 9.114 Narcotics and Gang-Related Crime Prevention Program

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

(a) "Controlled substance" means any drug, substance, or immediate precursor, as listed in the Uniform Controlled Substances Act, Health and Safety Code Section 11000 et seq.

(b) "Drug-related nuisance" means 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, drug loitering as defined 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.

(c) "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.

(d) "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.

(e) "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.

(f) "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.

(g) "Rental unit" means any dwelling as defined in Section 19.104.080 of this code, including, but not limited to, any single and multi-family residence, duplex, and/or condominium in the city of La Mirada. 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 Civil Code Section 799.24, if located in a mobile home park or recreational vehicle park, whether rent is paid for the recreation vehicle, the land upon which it is located, or both.

(h) "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.

(Ord. 530 § 1 (part), 1999).

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.

(Ord. 530 § 1 (part), 1999).

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

(Ord. 530 § 1 (part), 1999).

(a) Grounds for Eviction. Notwithstanding any provision of this code to the contrary, a landlord may bring an action to recover possession of a rental unit upon any of the following grounds:

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

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

(Ord. 530 § 1 (part), 1999).

(a) Provided the owner of record or agent thereof, and any known manager of a premises has been served with a written notice by certified mail, return receipt requested, advising that the sheriff's department or other law enforcement agency having jurisdiction within the city has determined that the landlord is in violation of Section 9.114.020 hereof and has failed to comply with the provisions of that section within ten 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 thirty day notice to vacate. The term "diligently prosecute" shall mean such 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 twelve-month period following the vacation of the rental unit by the tenant(s).

(c) The required notice shall also state that within said ten-day period, the landlord may file a written appeal of the determination of violation with the city manager who shall cause the mailer 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 city manager may affirm, reverse, or reverse subject to conditions, the sheriff's department's or other law enforcement agency's determination of violation. The city manager'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 including an action for injunctive relief, or by any other remedy provided by law to compel compliance including, but not limited to, all remedies available to abate a nuisance.

(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 La Mirada, and/or require the payment of the city's attorney's fees, costs of investigation, and discovery and court costs.

(Ord. 530 § 1 (part), 1999).

Any judgment for money, including permitted fees and costs, may be recorded as a lien against the subject property in an amount not to exceed five thousand dollars and if multiple defendants exist, they shall be jointly and severally liable for any payments so ordered.

(Ord. 530 § 1 (part), 1999).