Maywood Municipal Code Ch. 41 Gang and Drug Related Conduct

The following are declared to be public nuisances subject to abatement in accordance with this chapter:

(a) It is unlawful and a public nuisance for any person to loiter in any public place in a manner and under circumstances manifesting the purpose and with the intent to commit an offense involving a controlled substance or a controlled substance analog, as specified in Chapter 6 (commencing with Section 11350) and Chapter 6.5 (commencing with Section 11400) of the California Health and Safety Code.

(b) It is unlawful and a public nuisance for any person to deface the property of another by graffiti or any other inscribed material. Defacement of property by graffiti by a minor may result in assessment against the minor and his parents for the cost of clean-up, and the imposition of a lien for clean-up costs against the parents' property or, pursuant to Government Code Section 38773.6, a special assessment against the property.

(c) It is unlawful and a public nuisance for any person to participate in a "criminal street gang" as that phrase is defined in California Penal Code Section 186.22.

(d) Every building or place used by members of a criminal street gang for the purpose of the commission of the offenses listed in subdivision (c) of Section 186.22 or any offense involving dangerous or deadly weapons, burglary, or rape, and every building or place wherein or upon which that criminal conduct by gang members takes place, is a nuisance which shall be enjoined, abated, and prevented, and for which damages may be recovered, whether it is a public or private nuisance.

(e) Every building or place used for the purpose of unlawfully selling, serving, storing, keeping, manufacturing, or giving away any controlled substance, precursor, or analog specified in this chapter, and every building or place wherein or upon which those acts take place, is a nuisance which shall be enjoined, abated, and prevented, and for which damages may be recovered, whether it is a public or private nuisance.

(§ 2, Ord. 97-447, eff. October 12, 1997)

Whenever the City Attorney or City Panel determines that any building or place or portion thereof is being used for a purpose constituting a nuisance as defined in this chapter, or that any person or persons are engaging in behavior declared herein to constitute a nuisance, the City Attorney may commence proceedings hereunder to abate, prevent and enjoin the nuisance, in accordance with the order of the City Panel as hereinafter provided.

(§ 2, Ord. 97-447, eff. October 12, 1997, as amended by § 1, Ord. 97-449, eff. October 29, 1997)

Whenever the City Attorney determines that any building or place or portion thereof is being used for purposes constituting a nuisance as defined in this chapter, the City Attorney may cause to be served upon the owners, and may cause to be served upon the managers, tenants, trust deed holders, or other persons with an interest in such property, a copy of this chapter and a Notice to Abate said nuisance. The notice shall specify the nuisance, the means of abatement and the time within which to abate (which shall be a reasonable amount of time, as determined by the City Attorney under the circumstances).

(§ 2, Ord. 97-447, eff. October 12, 1997)

Upon receiving notice of a Notice to Abate, any and every person with a legal or equitable interest in the property as owner, manager, tenant, trust deed holder or otherwise, shall abate such nuisance within the time specified in the notice. Any person served with such notice shall thereafter be deemed and presumed to have knowledge of this chapter and of the nuisance and shall be responsible for the continued maintenance thereof.

(§ 2, Ord. 97-447, eff. October 12, 1997)

The City Panel may, upon its own motion, or upon written charges filed with the City Panel by the City Attorney, set a public hearing before the Panel to determine if a nuisance as set forth in Section 5-41.01, or any other State or local law exists. The persons described in Section 5-41.03 shall be given ten (10) days written notice delivered personally or by deposit in the United States Mail, first class postage fully prepaid, an opportunity to appear, either personally or by counsel, to be heard, to present evidence and to call witnesses on their behalf.

(§ 2, Ord. 97-447, eff. October 12, 1997, as amended by § 1, Ord. 97-449, eff. October 29, 1997)

(a) Creation. There is hereby established a City Panel to consider alleged nuisances under this chapter and to perform all of the functions of the City Panel referenced in this chapter. The City Panel shall consist of the Chief of Police or designee, the Chief Administrative Officer or designee, and an official or employee appointed by the City Council. Two (2) members of the Panel shall constitute a quorum for the transaction of business. The City Attorney or Deputy City Attorney shall be an ex officio member of the City Panel.

(b) Duties. Upon a specific finding that a nuisance exists, the City Panel may provide for the following:

(1) Declare that a nuisance exists.

(2) Set forth the legal description and street address or location of the real property or place which constitutes a nuisance.

(3) Set forth findings of fact considered by the City Panel in arriving at its determination that a nuisance exists.

(4) Order the abatement of such nuisance by those persons responsible therefor or capable of securing abatement.

(5) Describe the method of abatement and the time within which abatement shall be accomplished.

(6) Request the City Attorney to do all things necessary to abate, prevent or enjoin such nuisance through judicial proceedings in the event the City Panel's order is not timely complied with.

(7) If the procedures established in Section 5-41.08 have been followed, assess the costs of abatement against the persons referred to in Section 5-41.03 including but not limited to, the costs of staff time expended in attempting to abate the nuisance, the costs of preparation for the hearing, the costs of determining title to the property, and reasonable attorney's fees incurred in preparing for the hearing and abating the nuisance.

(8) Order that a certified copy of the Panel's determination be delivered personally or by deposit in the United States Mail, first class postage fully prepaid, upon all persons referred to in Section 5-41.03, and that a copy of said determination or a notice summarizing the terms thereof, be posted in a conspicuous place or places upon the property.

(§ 2, Ord. 97-447, eff. October 12, 1997, as amended by § 1, Ord. 97-449, eff. October 29, 1997)

In any action, administrative proceeding, or special proceeding to abate a nuisance, the City or other prevailing party shall be entitled to recover its reasonable attorneys' fees. Such fees may be recovered only in those cases wherein the City elects, at the initiation of an individual action or proceeding, to seek recovery of its own attorneys' fees. In no action, administrative proceeding, or special proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the City in the action or proceeding.

(§ 2, Ord. 97-447, eff. October 12, 1997)

In abating any nuisance pursuant to this chapter relating to a particular parcel of property, the cost of abatement may be made a special assessment against that parcel. Costs of abatement shall include, but not be limited to, the costs of staff time expended in attempting to abate the nuisance, the costs of preparation for hearings, the costs of determining title to the property, County Recorder's fees, and reasonable attorney's fees in preparing for the hearing and abating the nuisance. The provisions of California Government Code Section 38773.5 for imposition of special assessments against a parcel of real property, including the time and manner of service of notice of assessment procedures, are hereby incorporated by reference. Such procedures shall be supplemented, to the extent necessary, by the procedures specified in Article 6, Chapter 4 of this Code, except that the phrase Building Board of Appeals, as used therein, shall be deemed to mean the City Panel in proceedings under this chapter.

(§ 2, Ord. 97-447, eff. October 12, 1997, as amended by § 1, Ord. 97-449, eff. October 29, 1997)

The defacement of the property of another is hereby declared to be a graffiti nuisance. The City may summarily abate a graffiti nuisance. The City's expenses of abatement and any related administrative costs incurred in the summary abatement of any graffiti nuisance, including such defacement when committed by a minor may be assessed against any property owned by the person responsible for the defacement, including the property of a minor or against any property owned by a parent or guardian having custody and control of the minor. The provisions of California Government Code Section 38773.2 for imposition of graffiti nuisance abatement liens are hereby incorporated by reference in their entirety.

(§ 2, Ord. 97-447, eff. October 12, 1997)

The City Council may, without following the procedures set forth in this chapter, request the City Attorney, City Prosecutor or District Attorney to take action to secure injunctive relief against any person or persons who loiter in any public place in a manner and under circumstances manifesting the purpose and with the intent to commit an offense involving a controlled substance or a controlled substance analog. Such action may be taken pursuant to the provisions contained in Chapter 9.5 (commencing with Section 11530) and/or Chapter 10, Article 3 (commencing with Section 11570) of the California Health and Safety Code.

(§ 2, Ord. 97-447, eff. October 12, 1997)

The City Council may, without following the procedures set forth in this chapter, request the City Attorney, City Prosecutor or District Attorney to take action to secure injunctive relief against any person or persons and any property or properties involved, in criminal street gang activity prohibited by California Penal Code Section 186.22 et seq., or otherwise. Such action may be taken pursuant to the provisions contained in Chapter 10, Article 3 (commencing with Section 11570) of the California Health and Safety Code, as incorporated in California Penal Code Section 186.22a.

(§ 2, Ord. 97-447, eff. October 12, 1997)

In enacting the provisions of this chapter, the City Council does not intend to limit or restrict the rights and remedies available to the City, the City Attorney, the City Prosecutor, the District Attorney, or to any citizen, under Federal, State, County or Municipal law, to abate or prevent any nuisance, or to secure recovery of the costs therefor. In the event of any ambiguity or uncertainty regarding the administrative procedures to be followed under this chapter, the City Council declares its intent to apply the procedures set forth in Chapter 4 of Title 6 of the Maywood Municipal Code hereto if doing so will clarify the applicable procedures.

(§ 2, Ord. 97-447, eff. October 12, 1997)

(a) Prohibited acts.

(1) It is unlawful for any person who is a member of a "criminal street gang" as that term is defined in California Penal Code Section 186.22(f) or who is in the company of or acting in concert with a member of a "criminal street gang" to loiter or idle in a "public place" as defined in subsection (a)(2) of this section, under any of the following circumstances:

(i) With the intent to publicize a criminal street gang's dominance over certain territory in order to intimidate non-members of the gang from entering, remaining in, or using the public place or adjacent area;

(ii) With the intent to conceal ongoing commerce in illegal drugs or other unlawful activity.

(2) For purposes of this chapter, a "public place" means the public way and any other location open to the public, whether publicly or privately owned, including, but not limited to any street, sidewalk, avenue, highway, road, curb area, alley, park, playground or other public ground or public building, any common area of a school, hospital, apartment house, office building, transport facility, shop, privately owned place of business, to which the public is invited, including any place of amusement, entertainment, or eating place. Any "public place" also includes the front yard area, driveway and walkway of any private residence, business, or apartment house.

(b) Powers of law enforcement officers not limited. Nothing in this chapter shall be construed in any way to limit the power or right of a law enforcement officer to make any investigation, detention or arrest as such law enforcement officer would be permitted to make in absence of this chapter.

(c) Parental control. Any parent(s), legal guardian(s), or other adult person(s) authorized by said parent(s) or guardian(s) to have the care and custody of a minor, who knowingly permits or by insufficient control allows a minor to violate the provisions of this chapter is guilty of a misdemeanor.

(d) Penalty. Violation of this chapter shall be punishable by a fine not to exceed Five Hundred and No/100ths ($500.00) Dollars or by imprisonment not to exceed six (6) months, or both.

(e) Severability. If any provision or clause of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect any other provision or application of this chapter which can be given effect without the invalid provision or application, and to this end of provisions of this chapter are declared to be severable.

(§ 1, Ord. 03-499, eff. January 22, 2004)