Chapter 10.34 — RENTAL HOUSING USED FOR DRUG ACTIVITY

(a)

Landlord means an owner, lessor, or sublessor (including any person, firm, corporation, partnership, or other entity) who receives or is entitled to receive rent for use of any rental unit, or the agent, representative or successor of any of the foregoing.

(b)

Tenant means a tenant, subtenant, lessee, sublessee, any person entitled to use or occupy a rental unit, or any other person who is using or occupying a rental unit.

(c)

Rental Unit means any dwelling unit, efficiency dwelling unit, guest room, apartment and suite, including any single-family residence, duplex, and condominium in the City of San Marcos, the land and building appurtenant thereto, including common areas, garage facilities, alleyways, stairwells, and elevators. This term shall also include mobilehomes, whether rent is paid for the mobilehome and the land upon which the mobilehome is located, or rent is paid for the land alone. Further, it shall include recreational vehicles, as defined in California Civil Code Section 799.24, if located in a mobilehome park, whether rent is paid for recreational vehicle and the land upon which it is located, or rent is paid for the land alone.

(d)

Controlled Substance means a drug, substance, or immediate precursor, as listed in the Uniform Controlled Substance Act, Health and Safety Code Section 11000 et seq., which is in an amount that is legally sufficient to establish by a preponderance of the evidence that the controlled substance was possessed for personal use or possessed for sale.

(e)

Drug Related Use means any unlawful possession for personal use of a controlled substance in a rental unit, brought to the attention of the landlord by other tenants, neighbors, other community residents or law enforcement.

(f)

Illegal Drug Dealing Activity means any unlawful possession for sale or distribution, or any unlawful sale or distribution, storage, possession or manufacturing of a controlled substance from a rental unit, including any acts which constitute violation of Health and Safety Code Sections 11366, 11366.5 or 11550 et seq.

(g)

Drug-Related Nuisance means any activity wherein would lead a reasonable person to conclude that a rental unit is being used as a place where illegal drug dealing activity is occurring. This activity includes, but is not limited to, steady traffic day or 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.

A landlord shall not knowingly cause or permit any rental unit to be used or maintained for any drug-related use, illegal drug dealing activity, or drug-related nuisance.

If the City Attorney determines that a rental unit is being used or maintained in violation of Section 10.34.020, then the City Attorney or any law enforcement agency may order the landlord to comply with said section. This order shall be presented to the landlord either by personal service or by a letter sent certified mail with a return receipt requested. The order shall contain as enclosures sufficient documentation to establish that the premises are being used for illegal drug use, drug dealing activity or drug-related nuisance. Nothing herein shall be interpreted as authorizing the release of documentation which would violate an individual's rights to privacy or any other applicable provision of law that precludes the release of public records.

A landlord shall in good faith comply with the Notice prescribed by Section 10.34.040. If the landlord fails to comply with the Notice, then the City Attorney or any law enforcement agency may take any lawful action to enforce Section 10.34.040 hereof.

In addition to any other enforcement action the City Attorney may declare an alleged violation of Section 10.34.050 to constitute a public nuisance and may commence abatement of the conditions giving rise thereto.

Nothing contained in this chapter shall be construed or interpreted in such a way as to create a principal-agent relationship between the City and the landlord.

If any section, clause, phrase, part, or portion of this chapter is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. It is hereby declared that this chapter and each section, subsection, sentence, clause, phrase, part, or portion thereof, would have been adopted or passed irrespective of the fact that any one or more sections, sentences, clauses, phrases, parts, or portions be declared invalid or unconstitutional.

(Ord. No. 89-826, 10-24-89)