Tehachapi Municipal Code Ch. 9.28 Drug House and Chronic Nuisance Property Ordinance

This chapter shall be known as and may by cited as the "drug house and chronic nuisance property ordinance."

(Ord. No. 15-07-726, § 1(Exh. A), 7-20-2015)

The purpose of this chapter is to allow enforcement actions against property owners and tenants who allow repeated illegal activity on their property. This chapter will also impose on and collect from the owner and occupant of real property the cost for law enforcement services that exceed the cost of providing normal law enforcement services city-wide, if such excess costs are attributed to abating a nuisance that has occurred or is maintained on the property. Nothing contained in this chapter shall be construed to prevent the city from exercising the authority and procedures authorized under any other section of local, state or federal law.

(Ord. No. 15-07-726, § 1(Exh. A), 7-20-2015)

For the purpose of this chapter, the following definitions shall apply:

A. "Call for law enforcement service" means any reporting of criminal activity that is reasonably likely to, and that actually does, result in a response by the Tehachapi Police Department or any other law enforcement agency.

B. "Chronic nuisance property" means property that has generated four or more nuisance service calls during any twelve-month period.

C. "City" means the city of Tehachapi.

D. "City manager" means the city manager of the city or his duly authorized representative.

E. "Nuisance activity" means any of the following activities, behaviors, or conduct on or near a subject property whenever engaged in by property owners, operators, tenants, occupants, or persons associated with a property:

1. Sales, distribution, manufacturing, cultivation, storage, transportation or use of any controlled substance or paraphernalia, prohibited under state or federal law.

2. Allowing animals to run at large from the location in violation of Sections 6.04.040 or 6.08.080 of this Code.

3. Barking dogs or other animals creating a public nuisance as defined in Section 6.08.110 of this Code.

4. Disturbing the peace in violation of Section 415 of the California Penal Code.

5. Manufacturing, giving away, selling, offering for sale, soliciting the sale of, possessing, purchasing, using, igniting, exploding, firing or otherwise discharging any fireworks, weapon, or toy weapon in violation of Section 9.16.010 of this Code.

6. Any form of assault as defined in Section 240 of the California Penal Code and/or battery as defined in Section 242 of the California Penal Code; provided, however, that a violation of Section 273.5 of the California Penal Code shall not be considered a nuisance activity for purposes of this section.

7. Occupying a dwelling, vehicle, garage or other structure after a property has been posted and declared uninhabitable, substandard or unsafe, by any city official.

8. Loitering in violation of Section 9.20.020 of this Code.

9. The storage, buying, selling, or possession of any stolen property.

10. The commission of any felony prohibited under state or federal law.

11. Anything which is injurious to health, or is indecent, or offensive to the senses, or is an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property by an entire community or neighborhood, or by any considerable number of persons, as provided in Penal Code Sections 370 and 371.

12. Making, causing, or continuing to make or cause loud, excessive, impulsive, or intrusive sound or noise that annoys or disturbs persons of ordinary sensibilities.

13. Any person found under the influence of any intoxicating liquor, drug, controlled substance, toluene, or any combination of such substances.

F. "Nuisance service call" means a call for law enforcement service that is a verifiable event and that is for nuisance activity.

G. "Person associated with" means any person who, whenever engaged in a nuisance activity, enters, patronizes, visits or attempts to enter, patronize or visit, a property including any officer, director, customer, agent, employee or independent contractor of a property owner, tenant, or occupant.

H. "Property" means any parcel of land or structure, regardless of zoning, residential or business classification.

I. "Verifiable event" means any of the following:

1. An event that is initially observed by a peace officer as defined in the California Penal Code, a code enforcement officer, or an animal control officer.

2. A call for law enforcement service to the Tehachapi Police Department or any other law enforcement agency by a known person who is identifiable to support the event.

3. A call for service to the Tehachapi Police Department by an unknown person if the event is substantiated by a peace officer as defined by the California Penal Code, a code enforcement officer, an animal control officer, or a witness.

(Ord. No. 15-07-726, § 1(Exh. A), 7-20-2015; Ord. No. 22-01-766, § 37, 1-18-2022)

It shall be unlawful for any property owner, tenant, or person associated with a property to allow the establishment of, keep, maintain, or fail to abate a chronic nuisance property after being served with a notice of violation, or notice of abatement.

(Ord. No. 15-07-726, § 1(Exh. A), 7-20-2015)

A. Any violation of this chapter is hereby declared to be unlawful and a public nuisance.

B. Any party who engages in a violation of this chapter, or who owns, possesses, controls, or has charge of any parcel of real property in the city upon which a violation of this chapter is maintained, shall be subject to the penalties and remedies provided by this chapter.

C. Any violation of this chapter shall constitute a separate offense for each and every day the violation occurs or persists, or if applicable, for each and every occurrence of the violation in the same day when a nuisance activity occurs and is a separate verifiable event or was discovered as part of separate nuisance service call.

D. Any person in violation of any provision of this chapter shall be guilty of a misdemeanor and shall be punishable by a fine of up to one thousand dollars and up to six months imprisonment per offense.

E. In addition to any remedies authorized by this chapter, a violation of any provision of this chapter may be subject to the enforcement and remedy provisions of Title 1, Chapter 1.12, General Penalty, sections 1.12.010 through 1.12.030 and any other applicable enforcement and remedy provisions provided under the law. Such authority includes but is not limited the city concurrently, separately, or consecutively utilizing other methods of enforcement for ensuring compliance with applicable laws, including but not limited to, civil remedies such as injunctions, criminal remedies such as prosecution, and other administrative remedies available under applicable law, including nuisance abatement under Chapter 8.28 and administrative citations under Section 1.16.065.

(Ord. No. 15-07-726, § 1(Exh. A), 7-20-2015; Ord. No. 22-01-766, § 37, 1-18-2022)

A. When the city manager or his designee determines that there have been two or more nuisance service calls to the same property within any twelve-month period, the city manager or his designee may issue a written notice of violation to the owner of the property and tenant, if applicable. The notice of violation may be served upon the owner of the property by regular mail, to the mailing address indicated on the last equalized assessment roll of the Kern County Assessor's Office. The notice of violation may be served upon a tenant by regular mail, at the tenant's last known address. The service of a notice of violation shall be prima facie evidence that the owner or tenant served is the person in control of the property and has knowledge of and has permitted subsequent conduct or behavior at or upon the property.

B. The notice of violation authorized by this section shall:

1. Identify the type and specific location of nuisance service call(s), including tenant or lessee names where applicable.

2. Warn the owner of the property and any tenant that future nuisance service calls may subject them jointly and severally to civil fines and/or criminal prosecution.

3. Warn the owner of the property and any tenant that future nuisance service calls may subject them jointly and severally to liability for the cost associated with any response to such nuisance service call, based upon the actual cost of the response.

(Ord. No. 15-07-726, § 1(Exh. A), 7-20-2015)

A. When the city manager, or his designee, determines that there have been four or more nuisance service calls, at the same property within any twelve-month period, a written notice of cost recovery will be issued to the owner of the property and to all tenants. The notice of cost recovery may be served upon the owner of the premises by regular mail, to the mailing address indicated on the last equalized assessment roll of the Kern County Assessor's Office. The notice of cost recovery may be served upon a tenant by regular mail, to the tenant's last known address. The service of a notice of cost recovery as provided in this Section 9.28.070 shall be prima facie evidence that the owner or tenant served has knowledge of and has permitted subsequent conduct or behavior at or upon the property.

B. The notice of cost recovery required by this Section 9.28.070 may be in a form substantially similar to that set forth in Section 15.04.101, but at a minimum shall:

1. State that the property constitutes a chronic nuisance property in violation of this chapter.

2. Identify the type and specific location of nuisance service calls, including tenant or lessee names, where applicable.

3. Summarize the evidence of the nuisance occurring on the property.

4. Provide the dates on which the nuisance service calls were made and the dates of any prior responses by the Tehachapi Police Department or other law enforcement agencies to nuisance incidents on or at the property.

5. Warn the owner of the property and any tenant that future nuisance service calls will subject them jointly and severally to liability for the cost associated with any response to such nuisance service call, based upon the actual cost of the response.

C. A subsequent and separate notice of cost recovery shall be issued pursuant to this section for each and every nuisance service call received after the first notice of cost recovery is issued.

(Ord. No. 15-07-726, § 1(Exh. A), 7-20-2015)

A. When a notice of cost recovery has been served as set forth in Section 9.28.070, the owner of the property and any tenant shall be jointly and severally responsible for each successive nuisance incident occurring on the property and shall be jointly and severally responsible for payment of any and all costs associated with each successive nuisance service call within any twelve-month period. The cost of a response shall include, without limitation, the gross salaries, including all benefits and overhead paid to the responding employees of the Tehachapi Police Department, city administrative costs, the pro rata cost of all equipment, and the cost of repairs to any equipment or property owned by the City of Tehachapi that is damaged in responding to the nuisance service call.

B. The costs of the response shall be included in a statement of costs, which shall be prepared and served subject to the provisions of Section 9.28.070. If a statement of abatement costs or any associated fines are not timely paid, the city may cause a nuisance abatement lien to be recorded upon the property pursuant to the lien procedure of Chapter 8.28 of this Code.

C. The procedures provided in this chapter are in addition to all other procedures, remedies, and cost recovery options available to the city by law or in equity, including, but not limited to, those provided under Chapter 8.28 and Section 1.16.065.

(Ord. No. 15-07-726, § 1(Exh. A), 7-20-2015; Ord. No. 22-01-766, § 39, 1-18-2022)

When a chronic nuisance property is occupied by, in the possession of or under the exclusive control of a tenant, it shall constitute an affirmative defense to the imposition of liability pursuant to Section 9.28.050 that the owner of the chronic nuisance property has completed unlawful detainer proceedings against the tenant or tenants responsible for the nuisance service call. The property owner shall not relet any portion of the property to a tenant evicted pursuant to this section.

(Ord. No. 15-07-726, § 1(Exh. A), 7-20-2015)

Any property owner or tenant may appeal, have a hearing on, and have a decision issued on a notice of violation or notice of cost recovery issued under this chapter pursuant to the appeal, hearing, and decision procedures for a notice and demand for abatement and statement of costs, respectively, as set forth in Chapter 8.28.

(Ord. No. 15-07-726, § 1(Exh. A), 7-20-2015; Ord. No. 22-01-766, § 40, 1-18-2022)