Montclair Municipal Code Ch. 7.06 Illegal Drugs, Violent Crime, and Gang-Related Crime Eviction Program

This chapter shall be known as the "Illegal Drugs, Violent Crime, and Gang-Related Crime Eviction Program."

(Ord. No. 09-907, § 2, 3-2-09)

It is the purpose and intent of the Montclair City Council, through the adoption of this chapter, to establish an Illegal Drugs, Violent Crime, and Gang-Related Crime Eviction Program as a means to protect residential neighborhoods and commercial centers from becoming blighted through tenants' criminal activities.

(Ord. No. 09-907, § 2, 3-2-09)

A landlord shall not cause, permit, aid, abet, or suffer:

A. The premises to be used or maintained for any illegal drug activity, drug-related nuisance, violent crime or threat of violent crime, or gang-related crime.

B. A tenant to use or occupy the premises if the tenant commits, permits, maintains, or is involved in any illegal drug activity, violent crime or threat of violent crime, gang-related crime, or drug-related nuisance on the premises or within a 1000-foot radius from the boundary line of the premises.

C. The use or occupancy of a rental unit by any person whose tenancy has been terminated pursuant to Section 7.06.050 of this chapter within the preceding 36 months.

(Ord. No. 09-907, § 2, 3-2-09)

The City Manager of designee thereof may promulgate such administrative procedures as may be necessary to implement the provisions of this chapter.

(Ord. No. 09-907, § 2, 3-2-09)

A landlord may bring an action to recover possession of a rental unit upon any of the following grounds:

A. The tenant is committing or permitting to exist any illegal drug activity, violent crime or threat of violent crime, gang-related crime, or drug-related nuisance on the premises or within a 1000-foot radius from the boundary line of the premises.

B. The tenant has been convicted of a crime and the underlying offense involves illegal drug activity, violent crime or threat of violent crime, gang-related crime, or drug-related nuisance on the premises or within a 1000-foot radius from the boundary line of the premises.

(Ord. No. 09-907, § 2, 3-2-09)

A. If a landlord fails to comply with the provisions of this chapter after having received written notice that the Montclair Chief of Police or other person as designated by the City Manager has determined that the landlord is in violation of Section 7.06.030 of this chapter, the City may file an action for injunctive relief or take any other appropriate action to require the landlord to comply with the provisions of this chapter. For purposes of this section:

1. The written notice shall be served upon the landlord either by personal delivery or by certified mail through the United States Postal Service to the last-known business or residence address as same appears in public records of the City, the San Bernardino Tax Assessor's Office and/or Secretary of State.

2. The written notice shall contain the following information:

a. A statement that the Montclair Chief of Police or other person designated by the City Manager has determined that the landlord is in violation of Section 7.06.030 of this chapter.

b. Identification of the offending tenant, if known.

c. Unit number of the offending tenant, if applicable.

d. Specific criminal violation committed by offending tenant.

e. Dates and times of any observed criminal activity and any resulting arrest.

f. A statement informing the landlord that he is required to diligently cause the subject rental unit to be completely vacated by all occupants and that the vacated rental unit may not be rerented, re-leased, or otherwise reoccupied by said tenants prior to the expiration of a 36-month period following the vacation of the rental unit by the tenants.

g. A statement that the failure of the landlord to comply with the provisions of this chapter constitutes a public nuisance and a misdemeanor criminal offense and that a violation of this chapter could also result in the commencement of administrative and/or civil proceedings seeking the termination of any unlawful tenancies and the imposition of fines, fees, costs, and other monetary sanctions against the landlord.

3. The written notice shall be accompanied by sufficient documentation describing facts necessary to show a violation of Section 7.06.030 of this chapter provided such documentation is disclosable pursuant to the requirements of the California Public Records Act (California Government Code Section 6250, et seq.). Such documentation may include, but shall not be limited to, any of the following:

a. Police reports or other official police documents including a "release of information."

b. Police Officer or witness affidavits.

c. Documented observations of any witness or informant willing to testify before a court of law.

B. A court rendering judgment pursuant to this section may, in addition to any other penalty and/or remedy provided by law, impose a civil penalty in the maximum amount permitted by law, payable to the City of Montclair, and/or require the payment of attorney's fees, costs of investigation (including incidental expenses) and discovery, and court costs.

(Ord. No. 09-907, § 2, 3-2-09)

A. The City may collect any judgment, fee, cost, or charge, including any permitted fees, fines, late charges, or interest incurred in relation to the provisions of this chapter in any manner authorized by law including the recordation of a lien against the subject property with the San Bernardino County Recorder's Office.

B. If multiple defendants exist, they shall be jointly and severally liable for any monetary judgment.

(Ord. No. 09-907, § 2, 3-2-09)

A. Criminal Penalties. Any violation of this chapter shall constitute a misdemeanor offense and shall be subject to the penalties set forth in Title 1, Chapter 1.12, of this Code.

B. Cumulative Remedies. The remedies provided in this chapter are in addition to other remedies and penalties available under provisions of other applicable City Ordinances, the laws of the State of California, or the laws of the United States.

(Ord. No. 09-907, § 2, 3-2-09)