Los Banos Municipal Code Art. 6 Nuisance; Creating Behaviors

The City Council finds as follows:

(a) Just as the physical conditions of properties within the City can constitute public and private nuisances, so too the behavior of persons on properties within the City can constitute public and private nuisances. Examples of behavior which can constitute nuisances include large and noisy gatherings, noisy activities during late-night hours, use or sale of controlled substances on premises, and the coming and going of persons with the intent to purchase controlled substances.

(b) It is as important for the public health, safety and welfare for interested residents of the City or the City itself to be able to abate nuisance-creating behaviors as it is to abate nuisance-creating physical conditions.

(c) The owners of properties within the City are responsible to monitor their properties and to take appropriate action if a nuisance exists thereon, whether that nuisance be created by existing physical conditions or by nuisance-creating behaviors. Such nuisances can be avoided with adequate property management. If a property owner does not fulfill his or her responsibilities, it is necessary for the safety, health, and welfare of neighborhoods and the City as a whole that interested persons or the City be able to undertake abatement action. An abatement remedy for nuisance-created behaviors is needed.

(d) Neighborhood health and safety must be protected in a way which does not promote housing discrimination or promote evictions based on prejudice, unfounded fears or personal animosities.

(e) Nothing in the ordinance codified in this chapter exempts property owners from strict compliance with State Housing Law on evictions, retaliatory conduct or discriminatory conduct or privacy.

(§ 2, Ord. 1059, eff. December 7, 2007)

(a) The purpose of this section is:

(1) To set forth and make enforceable minimum standards for the management of human behavior on residential properties and to protect the public health, safety, and welfare; and

(2) To put in place a remedy which will permit aggrieved persons or the City to take effective, efficient judicial or administrative action against property owners who permit nuisance-creating behaviors to occur on their properties on a continuing basis, in order to compel such owners to abate the nuisance-creating behaviors.

(b) Provisions of this chapter are intended to be supplementary and complementary to all of the other provisions of this Code and State law and all remedies set forth herein shall be cumulative to other remedies which may be available under the Code or State law.

(§ 2, Ord. 1059, eff. December 7, 2007)

(a) The provisions of this chapter shall apply generally to all property throughout the City wherein any of the nuisances hereinafter specified, are found to exist; provided, however, that any condition which would constitute a violation of this chapter, but which is duly authorized under any specific City, State or Federal statute, shall not be deemed to violate this chapter.

(b) The provisions of this chapter shall not apply to activities which constitute a bona fide exercise of constitutional rights.

(§ 2, Ord. 1059, eff. December 7, 2007)

(a) Every owner of real property within the City and every person responsible for the management of real property within the City is required to manage the property in a manner that does not violate the provisions of this Code. The owner shall remain liable for violations thereof regardless of any contract or agreement with any third party regarding the management or control of property.

(b) Every responsible party or owner of real property in the City is required to behave on the property, and supervise anyone on the property, in a manner so as not to violate the provisions of this Code.

(§ 2, Ord. 1059, eff. December 7, 2007)

It is hereby declared a public nuisance and a violation of this Code for any responsible party or owner of any premises in this City to permit their premises to be used in such a manner that any one or more of the activities described in the following subsections are found to occur repeatedly thereon:

(a) The illegal sale of controlled or illegal drugs or substances;

(b) The illegal use of controlled substances and other illegal drugs or substances;

(c) The frequent gathering, or coming and going, of people who have an intent to purchase or use controlled substances or other illegal drugs or substances on the premises;

(d) The occurrence of prostitution;

(e) Unlawful activities of a criminal street gang (as defined in Penal Code Section 186.22);

(f) The making or continuing, or causing to be made and continued, of any loud, unnecessary or unusual noise which disturbs the peace and quiet of the neighborhood or which causes discomfort or annoyance to more than one reasonable person of normal sensitivity residing in the area. This section shall only become effective when the Police Department has documented more than three calls for service over any 90 day period to the same address and/or dwelling in relation to making or continuing, or causing to be made and continued, any loud unnecessary and unusual noise which disturbs the peace and quiet of the neighborhood;

(g) The firing of gunshots or brandishing of weapons by a resident of the premises, or by a guest of a resident;

(h) The use of property to provide shelter to or seclusion of any action, act, or occurrence which is a crime under Federal, State, or local laws. To provide such shelter shall be to harbor a public nuisance, and shall be unlawful.

(§ 2, Ord. 1059, eff. December 7, 2007)

(a) Whenever an Enforcement Officer has inspected any premises and determined that the premises are in violation of this chapter, that Officer may issue a notice and order to abate the nuisance.

(b) No notice and order is required to be issued hereunder if the owner is making good faith efforts to abate the nuisance. Indicia of good faith may include prompt responses to City communications and requests, cooperation with Enforcement Officers, active professional property management, and taking steps to repair physical conditions which contribute to the nuisance.

(c)

(1) Whenever an Enforcement Officer issues a notice and order pursuant to this chapter to an owner or responsible party for rental residential property regarding a nuisance that exists at their property, the Officer shall concurrently issue a written notice to the tenants of the property who may also be deemed violators by that Officer. The notice shall generally describe the nuisance and the City's remedies under this Code. The notice shall also state that tenants may contact the Officer to provide or receive information about their building. Notice to the tenant or unit need not be given when the Enforcement Officer determines that doing so would endanger persons or compromise an ongoing police investigation.

(2) The Enforcement Officer shall follow reasonable procedures intended to provide all tenants with notice of subsequent proceedings and actions pursuant to this chapter, but failure of any tenant to receive such notice shall not invalidate any subsequent action taken by the City.

(d) After the time for abatement set forth in the notice and order has expired, the Enforcement Officer shall determine whether the owner has taken the action ordered by the Officer and whether the nuisance has been abated. If the Officer determines that the nuisance has been abated, the owner and any occupants other than the owner shall be notified in writing of such determination and the compliance order shall be void thereafter.

(e) If the Enforcement Officer determines that the nuisance has not been abated and no written appeal has been received within the time specified in the notice and order, the compliance order shall become final except for the appropriate assessment of administrative penalties and costs against an owner or responsible party, which assessment only may be appealed and heard by a Hearing Officer if a written appeal is received by the Director within 15 days of the assessment. If an appeal is received, the Director shall set a hearing before a Hearing Officer.

(§ 2, Ord. 1059, eff. December 7, 2007)

(a) The administrative enforcement procedure described in Section 10-3.121 notwithstanding, the City Attorney may, in addition to or alternatively to that procedure, bring a civil action for injunctive relief and seek civil penalties in an amount not to exceed Twenty Thousand and No/100ths ($20,000.00) Dollars against any owner or responsible party who violates this Code.

(b) Any person affected by a public nuisance described in this article may bring a civil action for injunctive relief and damages against any owner or responsible party who violates this Code.

(c) In any civil action brought pursuant to this chapter, the court may award reasonable attorneys' fees and costs to the prevailing party.

(§ 2, Ord. 1059, eff. December 7, 2007)