Lancaster Municipal Code Ch. 8.52 Chronic Nuisance Property

This chapter shall be known as and may by cited as the "Chronic Nuisance Property Ordinance."

(Ord. No. 908, § 1 (Exh. A), 10-28-08)

The purpose of this chapter is to impose on and collect from the owner and/or occupant of real property the cost for law enforcement services that are over and above the cost of providing normal law enforcement services city-wide, if such excess costs are spent to abate a nuisance that has occurred, or is maintained and permitted, on the property. Nothing contained in this chapter shall be construed to prevent the city from exercising the authority and procedures authorized under any other section of local, state or federal law.

(Ord. No. 908, § 1 (Exh. A), 10-28-08)

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

"Call for law enforcement service" means any reporting of criminal activity that is reasonably likely to, and that actually does, result in a response by the Los Angeles County Sheriff's Department.

"Chronic nuisance property" means property that has generated five or more nuisance service calls during any twelve (12) month period.

"City" means the city of Lancaster.

"City manager" means the city manager of the city or his or her duly authorized representative.

"Nuisance activity" means any of the following activities, behaviors, or conduct whenever engaged in by property owners, operators, tenants, occupants, or persons associated with a property:

(1) Disturbing the peace in violation of Section 415 of the California Penal Code.

(2) Making, causing or suffering any unnecessary noises or sounds in violation of Chapter 8.24 of this code.

(3) Any form of assault as defined in Section 240 of the California Penal Code and/or battery as defined in Section 242 of the California Penal Code; provided, however, that a violation of Section 273.5 of the California Penal Code shall not be considered a nuisance activity for purposes of this section.

(4) Littering in violation of Chapter 8.20 of this code.

(5) Manufacturing, giving away, selling, offering for sale, soliciting the sale of, possessing, purchasing, using, igniting, exploding, firing or otherwise discharging any fireworks within the city in violation of Chapter 8.44 of this code.

(6) Discharging a weapon within the city in violation of Section 9.04.060 of this code.

(7) Conducting or maintaining a special event in violation of Chapter 9.40 of this code.

(8) Loitering in violation of Chapters 9.12, 9.16 or 9.18 of this code.

(9) The committing of any serious felony a defined in Penal Code Section 1192.7(c).

(10) The committing of any violent felony as defined in Penal Code Section 667.5(c).

(11) Anything which is injurious to health, or is indecent, or offensive to the senses, or is an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property by an entire community or neighborhood, or by any considerable number of persons, as provided in Penal Code Sections 370 and 371.

"Nuisance service call" means a call for law enforcement service that is a verifiable event and that is for nuisance activity.

"Person associated with" means any person who, whenever engaged in a nuisance activity, enters, patronizes, visits or attempts to enter, patronize or visit, a property including any officer, director, customer, agent, employee or independent contractor of a property owner, tenant, or occupant.

"Property" means any parcel of land or structure, regardless of zoning, residential or business classification.

"Verifiable event" means any of the following: (i) an event that is initially observed by a peace officer as defined in the California Penal Code; (ii) a call for law enforcement service to the Los Angeles County Sheriff's Department by a known person who is identifiable to support the event; or (iii) a call for service to the Los Angeles County Sheriff's Department by an unknown person if the event is substantiated by a peace officer as defined by the California Penal Code or a witness.

(Ord. No. 908, § 1 (Exh. A), 10-28-08)

It shall be unlawful for any property owner, tenant, or person associated with a property to allow the establishment of, keep, maintain, or fail to abate a chronic nuisance property.

(Ord. No. 908, § 1 (Exh. A), 10-28-08)

A. When the city manager determines that the Los Angeles County Sheriff's Department has been dispatched to the same property on four or more nuisance service calls within any twelve (12) month period, the city manager may, but shall not be required to, issue a written nuisance incident notice to the owner of the property and tenant, if applicable. The nuisance incident notice may be served upon the owner of said property by regular mail, to the mailing address indicated on the last equalized assessment roll of the Los Angeles County Assessor's Office. The nuisance incident notice may be served upon a tenant by regular mail, to the tenant's last known address. The service of a nuisance incident notice, as provided in this section, shall be prima facie evidence that the owner or tenant served is the person in control of the property and has knowledge of and has permitted subsequent conduct or behavior at or upon the property.

B. The nuisance incident notice authorized by this section shall: (i) identify the type and specific location of nuisance service call(s), including tenant or lessee names where applicable; (ii) summarize the evidence of the nuisance occurring on the property; (iii) provide the dates on which the nuisance calls for service were made and the dates of any prior responses by the Los Angeles County Sheriff's Department to nuisance incidents on the property; and (iv) warn the owner of the property and any tenant that future nuisance service calls may subject them jointly and severally to liability for the cost associated with any response to such nuisance service call, based upon the actual cost of the response.

(Ord. No. 908, § 1 (Exh. A), 10-28-08)

A. When the city manager, or his designee, determines that Los Angeles County Sheriff's Department has been dispatched to five or more nuisance service calls, as defined in Section 8.52.030 of this code, at the same property within any twelve (12) month period, a written notice of abatement will be issued to the owner of the property and to all tenants. The notice of abatement may be served upon the owner of said premises by regular mail, to the mailing address indicated on the last equalized assessment roll of the Los Angeles County Assessor's Office. The notice of abatement may be served upon a tenant by regular mail, to the tenant's last known address. The service of a notice of abatement, as provided in this Section 8.52.060, shall be prima facie evidence that the owner or tenant served has knowledge of and has permitted subsequent conduct or behavior at or upon the property.

B. The notice of abatement required by this Section 8.52.060 may be in a form substantially similar to that set forth in Section 8.28.110, but at a minimum shall: (i) state that the property constitutes a chronic nuisance property in violation of this chapter; (ii) identify the type and specific location of nuisance service calls, including tenant or lessee names, where applicable; (iii) summarize the evidence of the nuisance occurring on the property; (iv) provide the dates on which the nuisance service calls were made and the dates of any prior responses by the Los Angeles County Sheriff's Department to nuisance incidents on or at the property; and (v) warn the owner of the property and any tenant that future nuisance service calls will subject them jointly and severally to liability for the cost associated with any response to such nuisance service call, based upon the actual cost of the response.

C. A subsequent and separate notice of abatement shall be issued pursuant to this section for each and every nuisance service call received after the first notice of abatement is issued.

(Ord. No. 908, § 1 (Exh. A), 10-28-08)

A. When an abatement notice has been properly served as set forth in Section 8.52.060, the owner of the property and any tenant shall be jointly and severally responsible for each successive nuisance incident occurring on the property and shall be jointly, severally and individually responsible for payment of any and all costs associated with each successive nuisance service call within any twelve (12) month period, based upon the actual cost of the response. The cost of a response shall include, without limitation, the gross salaries, including all benefits and overhead paid to the responding employees of the Los Angeles County Sheriff's Department, city administrative costs, the pro rata cost of all equipment and the cost of repairs to any equipment or property owned by the city of Lancaster that is damaged in responding to the nuisance service call.

B. The costs of the response shall be included in a statement of abatement costs, which shall be prepared and served subject to the provisions of Section 8.28.190 of this code. If a statement of abatement costs is not timely paid, the city may cause a special assessment to be made upon the property pursuant to Section 8.28.200 of this code or may cause a nuisance abatement lien to be recorded upon the property pursuant to Section 8.28.210 of this code.

In addition to the remedies specified in Section 8.52.070, in the event the owner fails to pay the amount set forth in the statement of abatement costs or in the event a subsequent nuisance abatement notice is served pursuant to Section 8.52.060(C), owners rental housing business license shall be revoked pursuant to Section 5.40.170 of this code.

When a chronic nuisance property is occupied by, in the possession of and/or under the exclusive control of a tenant, it shall constitute an affirmative defense to the imposition of liability pursuant to Section 8.52.070 and revocation of the rental housing business license pursuant to Section 8.52.080 that the owner of the chronic nuisance property has completed unlawful detainer proceedings against the tenant or tenants responsible for the nuisance service call. The property owner shall not relet any portion of the property to a tenant evicted pursuant to this section.

(Ord. No. 908, § 1 (Exh. A), 10-28-08)

Any property owner or tenant who contests a notice of abatement issued pursuant to Section 8.52.060 shall, subject to filing a timely appeal, obtain review thereof before a hearing officer in the same manner as set forth in Sections 8.28.140 and 8.28.150.

(Ord. No. 908, § 1 (Exh. A), 10-28-08)

If any section, subsection, paragraph, sentence, clause or phrase of this chapter is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this chapter. The city council declares that it would have adopted this chapter, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional.

(Ord. No. 908, § 1 (Exh. A), 10-28-08)