Santa Fe Springs Municipal Code Ch. 131 Drug Offenses

(A) It is the desire and intent of the City Council to eliminate the unlawful selling, serving, storing, keeping, manufacturing, or giving away of any controlled substance, precursor, or analog specified in California Health and Safety Code §§ 11000 et seq. in every building or place wherein or upon which those acts take place.

(B) The City Council finds that the unlawful selling, serving, storing, keeping manufacturing, or giving away of any controlled substance, precursor, or analog specified in California Health and Safety Code §§ 11000 et seq. in any building or at any place in the city is injurious to the health, safety, morals and general welfare of the community, interferes with the comfortable enjoyment of life and property and tends to debilitate family life in the city.

(C) California Health and Safety Code § 11570 states that every building or place used for the purpose of unlawfully selling, serving, storing, keeping, manufacturing, or giving away of any controlled substance, precursor, or analog specified in the California Health and Safety Code §§ 11000 et seq. 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 a private nuisance.

(D) The laws of the state defining nuisance and the abatement thereof provide for civil and criminal enjoinment of such acts. The City Council intends hereby to declare the activities set forth herein as a nuisance, to provide procedures for determining that a nuisance exists, for the necessary order of abatement thereof and for the civil and/or criminal prosecution to enforce any such findings and orders.

('64 Code, § 17C-1; Ord. 841, passed 6-23-94; Am. Ord. 910, passed 6-8-00)

The City Council as the legislative authority finds and declares that every and any building or place used for the purpose of unlawfully selling, serving, storing, keeping, manufacturing, or giving away of any controlled substance, precursor, or analog specified in the California Health and Safety Code §§ 11000 et seq. and every and any 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 a private nuisance.

('64 Code, § 17C-2; Ord. 841, passed 6-23-94; Am. Ord. 910, passed 6-8-00)

The City Attorney is directed to use all means available in law, including but not limited to, such remedies asset forth in Cal. Health and Safety Code §§ 11570 through 11587, to abate, prevent and enjoin the nuisance of unlawful selling, serving, storing, keeping or giving away of any controlled substances within any building or place in the city upon declaration of a public nuisance as hereinafter provided.

('64 Code, § 17C-3; Ord. 841, passed 6-23-94; Am. Ord. 910, passed 6-8-00)

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

Owner and Property Owner. Any person owning, leasing, occupying, or having charge or possession of any property in the city.

('64 Code, § 17C-4; Ord. 841, passed 6-23-94)

All property found to be a nuisance as defined in § 131.02 shall be abated, enjoined or prevented, pursuant to the procedures set forth herein. The procedures for abatement set forth herein shall not be exclusive and shall not in any manner limit or restrict the city from enforcing other city ordinances or abating public nuisances in any other manner provided by law.

('64 Code, § 17C-5; Ord. 841, passed 6-23-94; Am. Ord. 910, passed 6-8-00)

Whenever the Director of Police Services or such other city official as may be designated by the City Manager determines that any property within the city is a nuisance as defined in § 131.02, he shall give written notice to the owner of said property stating the nature of the violation. Such notice shall set forth a time limit for correcting the violation(s) and may also set forth suggested methods of correcting the same. Such notice shall be served upon the owner in accordance with provisions of § 131.07(8) covering service in person or by mail.

('64 Code, § 17C-6; Ord. 841, passed 6-23-94; Am. Ord. 910, passed 6-8-00)

(A) In the event said owner shall fail, neglect or refuse to comply with the notice to correct said violation, the City Manager shall conduct a hearing to ascertain whether said violation constitutes a public nuisance, the abatement of which is appropriate under the police power of the city. Notice of said hearing shall be served upon the owner in accordance with the provisions of division (B) of this section.

(B) Notice of said hearing shall be served upon the property owner not less than 14 days before the time fixed for said hearing. Notice of said hearing shall be substantially in the format set forth below and shall be served personally upon or mailed by certified mail to the property owner as such owner's name and address appears on the last available equalized tax roll, and if there is no such address, then in care of the property address. Service shall be deemed complete at the time said notice is personally served or deposited in the mail. Failure of any person to receive such notice shall not affect the validity of any proceedings hereunder.

NOTICE OF HEARING ON

ABATEMENT OF NUISANCE

This is a notice of hearing before the City Manager to ascertain whether certain property situated in the City of Santa Fe Springs, State of California, known and designated as ______, in said City, and more particularly described as ___________________________________________ constitutes a public nuisance subject to abatement under the provisions of city code § 131.03. If said property is found to constitute a public nuisance as defined in § 131.02 and if the same is not properly abated by the owner, such nuisances may be abated by municipal authorities, in which case the cost of such actions will be assessed upon such property and such costs will constitute a lien upon such property until paid.

Said alleged conditions constituting a public nuisance consist of the following:

__________________________________________________________________

The methods of abatement available are: _____________________________

Provided herein is a copy of Santa Fe Springs City Code Chapter 131.

The hearing will be held at _____ on _____. The hearing will be held at ____________.

All persons having an interest in said matters may attend said hearing when their testimony and evidence will be heard and given due consideration.

DATED this ____day of ___________, 19____.

_________________________________________

Director of Police Services

('64 Code, §§ 17C-7—17C-8; Ord. 841, passed 6-23-94; Am. Ord. 910, passed 6-8-00)

(A) At the time stated in the notice, the City Manager shall hear and consider all relevant evidence, objections or protests, and shall receive testimony from owners, witnesses, city personnel and interested persons relative to such alleged public nuisance and to the proposed abatement of such. Said hearing may be continued from time to time.

(B) If the City Manager finds that such public nuisance does exist and that there is sufficient cause to abate same, the City Manager shall prepare a report of such findings and recommendations with respect to the abatement. A copy of such report shall be served on all the owners of the subject property in accordance with the service provisions of § 131.07(B).

('64 Code, § 17C-9; Ord. 841, passed 6-23-94)

In the absence of any appeal, the City Manager may without further hearing declare such property to be a public nuisance and order the City Attorney to act in accordance with § 131.03.

('64 Code, § 17C-10; Ord. 841, passed 6-23-94)

(A) Any person aggrieved by the decision of the City Manager may appeal from such decision by filing at the office of the City Clerk within seven days from the date of service of such decision, a written, dated appeal containing:

(1) A specific identification of the property which is the subject of the nuisance abatement proceeding.

(2) A caption reading: "Appeal of ________________," giving the names of all appellants participating in the appeal.

(3) A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the notice and order.

(4) A statement in ordinary and concise language of the specific order or action protested, together with any material facts supporting the contentions of the appellant.

(5) The signatures of all parties named as appellants, and their official mailing addresses.

(6) The verification of at least one appellant as to the truth of the matters stated in the appeal.

(B) As soon as practicable after receiving the written appeal, the City Clerk shall set a date for hearing of the appeal by the City Council, which date shall be not less than seven days nor more than 30 days from the date the appeal was filed. Written notice of the time and the place of the hearing shall be given at least five days prior to the date of the hearing to each appellant by the City Clerk, either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his address shown on the appeal. Continuance of the hearing may be granted by the City Council on request of the owner for good cause shown, or on the City Council's own motion.

(C) Upon the conclusion of the hearing on such appeal, the City Council shall by resolution either:

(1) Terminate the proceeding;

(2) Confirm the action and decision of the City Manager; or

(3) Modify such decision based upon evidence adduced at said hearing.

(D) In the cases of alternative (1) or (2) of division (C), the resolution shall declare such property to be a public nuisance and order the abatement of the same in the manner and means specifically set forth in said resolution.

('64 Code, § 17C-11; Ord. 841, passed 6-23-94)

A copy of the resolution of the City Council ordering the abatement of said nuisance shall be served upon the owners of said property in accordance with the provisions of § 131.07(B) and shall contain a list of needed actions. Upon such abatement in full by the owner within the prescribed abatement period, then proceedings hereunder shall terminate.

('64 Code, § 17C-12; Ord. 841, passed 6-23-94)

If such nuisance is not completely abated as directed by the city within said abatement period then the City Council may direct the City Attorney to act in accordance with § 131.03 herein.

('64 Code, § 17C-13; Ord. 841, passed 6-23-94)

The City Manager shall keep an account of the cost (including incidental expenses) of abating such nuisance on each separate lot or parcel of land where the work is done by the city and shall render an itemized report in writing to the City Council by showing the cost of abatement provided that before said report is submitted to the City Council a copy of the same shall be posted for at least five days upon such property together with a notice of the time when said report shall be heard by the City Council for confirmation. A copy of said report and notice shall be served upon the owners of said property in accordance with the provisions of § 131.07(B) at least five days prior to submitting the same to the City Council. Proof of said posting and service shall be made by affidavit filed with the City Clerk. The term Incidental Expenses shall include, but not be limited to, the actual expenses and costs of the city to abate, prevent or enjoin all activities leading to the nuisance declaration.

('64 Code, § 17C-14; Ord. 841, passed 6-23-94)

(A) The total cost for abating such nuisance, as so confirmed by the City Council, shall constitute a special assessment against the respective lot or parcel of land to which it relates, and upon recordation in the office of the County Recorder of a notice of lien, as so made and confirmed, shall constitute a lien on said property for the amount of such assessment.

(B) After such confirmation and recordation, a copy may be turned over to the Tax Collector for the city whereupon it shall be the duty of said Tax Collector to add the amounts of the respective assessments to the next regular tax bills levied against said respective lots and parcels of land for municipal purposes and thereafter said amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes; or after such recordation such lien may be foreclosed by judicial or other sale in the manner and means provided by law. Such notice of lien for recordation shall be in the form substantially as follows:

NOTICE OF LIEN

(Claim of City of Santa Fe Springs)

Pursuant to the authority vested by the provisions of section _______of the Santa Fe Springs City Code, the City Attorney of the City of Santa Fe Springs did on or about the ____ day of __________, 19____, cause the property hereinafter described, to be abated, prevented, enjoined as a public nuisance on said real property; and the City Council of the City of Santa Fe Springs did on the _____ day of ___________, 19____, assess the cost of such actions upon the real property hereinafter described; and the same has not been paid nor any part thereof; and that said City of Santa Fe Springs does hereby claim a lien for or such actions in the amount of said assessment, to wit: the sum of

$______: and the same shall be a lien upon said real property until the same has been paid in full and discharged of record.

The real property hereinabove mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the City of Santa Fe Springs, County of Los Angeles, State of California, and particularly described as follows:

(description)

Dated this ____ day of __________, 19___.

_________________________________________

City Manager, City of Santa Fe Springs

('64 Code, § 17C-15; Ord. 841, passed 6-23-94)

Nothing in this chapter shall be deemed to prevent the city from commencing a civil or criminal proceeding, or both, to abate a public nuisance or from pursuing any other means available to it under provisions of applicable ordinance or state law to correct hazards or deficiencies in real property in addition to or as alternatives to the proceedings herein set forth.

('64 Code, § 17C-16; Ord. 841, passed 6-23-94; Am. Ord. 910, passed 6-8-00)

(A) Any person, partnership, or corporation owning, or having control of, any building or property in the city who maintains, or allows to exist, thereon any public nuisance as defined in this chapter or who fails, neglects or refuses to comply with any order of abatement made pursuant to this chapter is guilty of a misdemeanor and may be prosecuted for said misdemeanor in addition to, or as an alternative to, any other legal action taken by the city with respect to said public nuisance.

(B) Any person who removes any notice or order posted as required in this chapter is guilty of a misdemeanor.

(C) No person shall obstruct, impede or interfere with any representative of any city department in performing any necessary act preliminary to or incidental to such act as authorized or directed pursuant to the provisions herein. Such act of obstructing, impeding, or interfering, shall constitute a misdemeanor or other applicable violation of law.

(D) Each day, or any portion thereof, during which any violation of any provision of the chapter is committed or permitted to continue shall constitute a separate violation, and each violation shall be punished separately.

('64 Code, § 17C-17; '64 Code, § 17C-19; Ord. 841, passed 6-23-94; Am. Ord. 910, passed 6-8-00)

Cross reference— Penalty, see § 10.97