San Bernardino Municipal Code Ch. 9.95 Narcotics and Gang-Related Crime Eviction Program

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CONTROLLED SUBSTANCE. Any drug, substance or immediate precursor, as listed in the California Uniform Controlled Substances Act, Cal. Health and Safety Code, §§ 11000 et seq.

DRUG-RELATED NUISANCE. Any activity related to the possession, sale, use or manufacture of a controlled substance that creates an unreasonable interference with the comfortable enjoyment of life, property and/or safety of residents of the premises. Such activity includes, but is not limited to, any activity commonly associated with illegal drug dealing, such as noise; steady traffic day and night to a particular unit; barricaded units; the display or observance of weapons; drug loitering, as defined in Cal. Health and Safety Code, § 11532; or other drug-related occurrences which, taken as a whole, tend to substantially affect or interfere with any tenant’s beneficial use and enjoyment of any rented property.

GANG-RELATED CRIME. The commission of any of the offenses listed in Cal. Penal Code, § 186.22(e) in which the perpetrator is a known member of a gang or any crime motivated by gang membership in which the victim or the intended victim of the crime is a known member of a gang. The term gang is as defined in Cal. Penal Code, § 186.22(f).

ILLEGAL DRUG ACTIVITY. A violation of any of the provisions of the Cal. Health and Safety Code, Chapter 6 (commencing with § 11350) or Chapter 6.5 (commencing with § 11400), or any successor provisions thereto.

LANDLORD. Any owner of record, lessor or sub-lessor (including any person, firm, corporation, partnership, association of persons or other entity) who receives or is entitled to receive rent for the use of any rental unit, or the agent, manager, representative or successor of any of the foregoing.

PREMISES. Any rental unit and the land on which it and any other buildings of a complex are located and common areas, including, but not limited to, garage facilities, streets, alleyways, stairwells, elevators and, as the context permits or requires, any public or private property which is immediately adjacent to any of said areas.

RENTAL UNIT. Any dwelling, including, but not limited to, any single- and multi-family residence, duplex and/or condominium in the City of San Bernardino. This term shall also include any mobile home, whether rent is paid for the mobile home, the land upon which the mobile home is located or both. It shall also mean any recreational vehicle, as defined in Cal. Civil Code, § 799.29, if located in a mobile home park or recreational vehicle park, whether rent is paid for the recreation vehicle, the land upon which it is located or both.

TENANT. Any tenant, subtenant, lessee, sub-lessee or any person entitled to use or occupancy of a rental unit, or any other person residing in the rental unit.

(A) A landlord shall not cause or knowingly permit any premises under his or her control to be used or maintained for any illegal drug activity, gang-related crime or in such manner as to constitute a drug-related nuisance.

(B) A landlord shall not cause or knowingly permit any tenant to use or occupy premises under the landlord’s control, if the tenant commits, permits, maintains or is involved in any illegal drug activity, gang-related crime or drug-related nuisance on the premises.

(C) A landlord shall, in any lease executed after the effective date of this chapter, include language as follows or language that is substantially similar: “During the continuance of this lease, the leased premises will not be used for any purpose in violation of any federal, state, or municipal statute or ordinance, or of any regulation, order, or directive of a governmental agency, as such statutes, ordinances, regulations, orders, or directives now exist or may exist in the future, concerning the use and safety of the premises. On the breach of any provision of this lease by lessee, lessor may, at lessor’s option, terminate this lease immediately and reenter and repossess the premises.” Failure to include this language or substantially similar language shall not relieve the landlord of any other duties required under this chapter, nor shall it be a defense to a prosecution pursuant to this chapter.

The Mayor, or his or her designee, may promulgate such administrative procedures as may be necessary to implement the provisions of this chapter.

(A) Grounds for eviction. Notwithstanding any provision of the municipal code to the contrary, a landlord may bring an action to recover possession of a rental unit upon any of the following grounds:

(1) The tenant is committing or permitting to exist any illegal drug activity, gang related crime or drug-related nuisance on the premises; or

(2) The tenant has been convicted of a crime wherein the underlying offense involves illegal drug activity, drug-related nuisance activity or a gang-related crime on the premises.

(B) Waiving testimony cost. Notwithstanding the Cal. Gov’t Code, § 68097.2(b), a public entity may waive all or part of the costs incurred in furnishing the testimony of a peace officer in an unlawful detainer action brought by a landlord to recover possession of a rental unit pursuant to this chapter.

(A) Provided the owner of record or agent thereof, and any known manager, of a premises have been served with a written notice by certified mail, return receipt requested, advising that the Chief of Police has determined that the landlord is in violation of § 9.95.020(A), and has failed to comply with the provisions of § 9.95.020(A) within 15 business days of the date of service of said notice, or to file an appeal within said period as provided herein, then the city may proceed with enforcement pursuant to this chapter. Notwithstanding enforcement pursuant to this chapter, the city may proceed with an action for injunctive relief or utilize any other remedy provided by law to compel compliance, including, but not limited to, all remedies available to abate a nuisance.

(B) For purposes of this section, the written notice shall also identify the offending tenant(s); unit number, if applicable; and the specific violation(s), and shall state the date(s) and time(s) of any observed criminal activity and any resulting arrest(s), and shall further state that, as to such tenant(s), the landlord is required to serve and diligently prosecute either a three-day notice to quit or a 30-day notice to vacate. The term DILIGENTLY PROSECUTE shall mean such prosecution by the landlord as is necessary to cause the subject rental unit to be completely vacated by all tenants who commit, permit, maintain or are involved in any illegal drug activity gang-related crime or drug-related nuisance. No such vacated rental unit may be re-rented, leased or otherwise reoccupied by the prosecuted tenant(s) prior to the expiration of a 12-month period following the vacation of the rental unit by the tenant(s). It is acknowledged that a tenant, in his or her answer to an unlawful detainer action, may raise as an affirmative defense a denial that he or she has engaged in the prohibited conduct. A judicial decision not to order the eviction of a tenant is a defense to prosecution under this chapter.

(C) The required notice shall also state that, within said 15-day period, the landlord may file a written appeal of the determination of violation with the City Clerk who shall cause the matter to be set for hearing before the hearing officer. Written notice of the date and time of said hearing shall be served by first class mail, addressed to the landlord’s last known business address. Following the conclusion of the hearing, the hearing officer may affirm, reverse or reverse subject to conditions the Police Chief’s determination of violation. The hearing officer’s decision shall be based upon written findings and shall be final. Any review of the hearing officer’s decision shall be in accordance with the procedures as set forth in the Cal. Code of Civil Procedure, § 1094.5.

(D) In the event no appeal is timely filed or an appeal is denied, the city may immediately proceed to enforce the provisions of this chapter against such landlord by way of criminal enforcement action.

(E) The offending tenant(s) shall be served with a written notice by certified mail, return receipt requested, advising such tenant(s) that the landlord is being notified of the observed criminal activity and that the landlord is required to serve and diligently prosecute either a three-day notice to quit or a 30-day notice to vacate. The required notice shall also state that within 15 days of the date of the notice, the tenant(s) may file a written appeal of the determination of violation with the City Clerk who shall cause the matter to be set for hearing before the hearing officer. Written notice of the date and time of said hearing shall be served by first class mail, addressed to the tenant(s) last known address. A decision affirming the violation by the hearing officer shall not prevent such tenant(s) from defending any subsequent unlawful detainer action.

(A) It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter.

(B) Any person violating any provision of this chapter or failing to comply with any of its requirements shall be punished as follows.

(1) For three or less violations occurring within any 12-consecutive month period, a violation of this chapter shall be deemed to be an infraction, punishable by a fine not exceeding $100 for a first violation, $200 for a second violation of the same provision within any 12-consecutive month period and a fine not exceeding $500 for a third violation of the same provision occurring within any 12-consecutive month period.

(2) A fourth violation of the same provision occurring within any 12-consecutive month period shall be deemed to be a misdemeanor and, upon conviction thereof, shall be punishable by a fine not exceeding $1,000, or by imprisonment not exceeding six months, or by both such fine and imprisonment.

The violations of any of the provisions of this chapter adopted shall constitute a nuisance and may be abated by the city through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances.

Should any provision, section, paragraph, sentence or words of this chapter be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this chapter shall remain in full force and effect.

(Ord. MC-1049, passed 7-8-1999)