Chapter 9.95 — EVICTION DUE TO ILLEGAL DRUG DEALING ACTIVITIES

Drug-related incidents and the use of rental units by drug dealers is rapidly increasing in certain areas of the city. Such activities expose the community to criminal conduct and threaten the safety and well-being of the citizens. By reason of the foregoing facts, this chapter is required for the immediate preservation of the public safety and health and welfare.

(Ord. 6335 § 1 (part), 1989)

A landlord may, or shall if required by Section 9.95.040, give notice required by law and bring an action to recover possession of a rental unit upon the happening of any of the following events:

A.

The tenant is using the rental unit, or allowing the rental unit to be used, for illegal drug dealing activities or purposes.

The term "illegal drug dealing activities or purposes" includes, but is not limited to, possession for sale or sale of illegal drugs from the rental unit.

B.

The tenant is committing or permitting to exist a "drug-related nuisance" in the rental unit or the appurtenances thereof, or the common areas of the complex containing the rental unit.

The term "drug-related nuisance" includes, but is not limited to, any activity commonly associated with arrest and prosecution for illegal drug dealing such as complaints or excessive noise, steady traffic day and night to a particular unit, barricaded units or sighting of weapons, brought to the attention of the landlord by other tenants, persons within the community, or law enforcement agencies.

(Ord. 6335 § 1 (part), 1989)

The landlord shall state the reason for the eviction in the written notice of termination served on the tenant pursuant to California Civil Code Section 1946.

When the termination of tenancy is for any ground set forth in Section 9.95.020, the landlord shall file with the city prosecutor or other city office designated by the board of directors, a declaration in a form and in the number prescribed by said office setting forth the reasons for the termination with specific facts to permit a determination of the date, place, witnesses and circumstances concerning the reason.

(Ord. 6335 § 1 (part), 1989)

An action under this chapter to recover possession of a rental unit shall be commenced by the landlord within 60 days after notice and request of the city prosecutor or police chief, in a letter sent certified mail with a return receipt requested, notifying the landlord of the ground or grounds specified in Section 9.95.030.

(Ord. 6335 § 1 (part), 1989)

If a landlord does not commence an action when required under the provisions of this chapter to recover possession of the rental unit, the city prosecutor or police chief may file an action to evict the tenant from the premises of the rental unit and name the landlord as a defendant in the action if it can be established that the landlord aided or acquiesced to the illegal activity or nuisance described in Section 9.95.020. If the landlord has been named as a defendant in the action, the court may impose a civil penalty in an amount not to exceed $5,000.00 against the landlord for his or her failure to comply with this section.

(Ord. 6335 § 1 (part), 1989)

If any section, subsection, paragraph or subparagraph of this chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this chapter. The board declares that it would have adopted this chapter

and each section, subsection, paragraph or subparagraph thereof irrespective of the fact that any one or more sections, subsections, paragraphs or subparagraphs be declared invalid.

(Ord. 6335 § 1 (part), 1989)