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HomeMy WebLinkAbout585 - OrdinancesORDINANCE NO. 585 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AMENDING TITLE 9 OF THE RANCHO CUCAMONGA MUNICIPAL CODE AND ESTABLISHING REGULATIONS APPLICABLE TO LANDLORDS RENTING PROPERTY UPON WHICH SPECIFIED DRUG AND/OR GANG RELATED ACTIVITIES ARE OCCURRING. The City Council of the City of Rancho Cucamonga does hereby ordain as follows: SECTION 1: Title 9 of the Rancho Cucamonga Municipal Code is hereby amended by the addition of a new Chapter 9.34 to read, in words and figures, as follows: Chapter 9.34 NARCOTICS AND GANG-RELATED CRIME EVICTION PROGRAM SECTIONS: 9.34.010 9.34.020 9.34.030 9.34.040 9.34.050 9.34.060 Definitions. Duties of the landlord. Administrative procedures. Recovery of possession by landlord. Enforcement. Lien authorized 9.34.0'10 - Definitions. For purposes of this Chapter, the following definitions shall apply: 'Controlled Substance' shall mean any drug, substance, or immediate precursor, as listed in the Uniform Controlled Substances Act, Health and Safety Code Section 11000, et seq. 'Drug-Related Nuisance' shall mean any activity related to the possession, sale, use or manufacturing of a controlled substance that creates an unreasonable interference with the comfortable enjoyment of life, property and safety of other residents of the premises or residents occurring within a 1000 foot radius from the boundary line 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, display or observance of weapons, drug loitering as defined in Health and Safety Code Section 11532, or other drug-related circumstances. Ordinance 585 Page 2 'Gang-Related Crime' means any crime 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. 'Illegal Drug Activity' means a violation of any of the provisions of Chapter 6 (commencing with Section 11350) or Chapter 6.5 (commencing with Section 11400) of the Health and Safety Code, or any successor provisions thereto. 'Landlord' means any owner, lessor, or sublessor (including any person, firm, corporation, partnership, or other entity) who receives or is entitled to receive rent for the use of any rental unit, or the agent, representative or successor of any of the foregoing. 'Premises' means 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 and elevators. 'Rental Unit' means any dwelling as defined in Section 17.02.140 of this Code, including, but not limited to, any single and multi-family residence, duplex, and/or condominium in the City of Rancho Cucamonga. 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 California Civil Code Section 799.24, 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' means any tenant, subtenant, lessee, sublessee or any person entitled to use or occupancy of a rental unit, or any other person residing in the rental unit. 9.34.020 - Duties of the landlord. A landlord shall not cause or knowingly permit: A. 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; or B. Any tenant to use or occupy premises under the landlord's control, if the tenant commits, perrnits, maintains or is involved in any illegal drug activity, gang-related ,crime, or drug-related nuisance on the premises or within a 1000 foot radius from the boundary line of the premises. 9.34.030 - Administrative procedures. The City Attorney, or his or her designee, may promulgate such administrative procedures as may be necessary to be implement the provisions of this Chapter. Ordinance 585 Page 3 9.34.040 - Recovery of possession by landlord. A. Grounds for eviction. Notwithstanding any provision of the Rancho Cucamonga 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 within a 1000 foot radius from the boundary line of 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.. 9.34.050 - Enforcement. If the landlord has been served with written notice that he or she is in violation of Section 9.34.020A hereof and has failed to comply with the provisions of said Section within seven (7) days of the date of service of such notice, the City may file 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. A court rendering a judgment pursuant to this Subsection B may, in addition to any other penalty or remedies provided by law, impose a civil penalty in the maximum amount permitted by law, payable to the City of Rancho Cucamonga, and/or require the payment of the City's reasonable attorney's fees, and costs of investigation, discovery and court costs~ 9.34.060 - Lien authorized. Any judgment for money may be recorded as a lien on the subject property and if multiple defendants exist, they shall be jointly and severally liable for any payments so ordered. SECTION 2: Penalties. It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this Ordinance. Any person violating any provision of this Ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1,000.00, or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of the provisions of this Ordinance is committed, and shall be deemed punishable therefor as provided in this Ordinance. Ordinance 585 Page 4 SECTION 3: Civil Remedies Available. The violation of any of the provisions of this Ordinance hereby 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. SECTION 4: Severability. The City Council declares that should any provision, section, paragraph, sentence or words of this Ordinance 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 Ordinance shall remain in full force and effect. SECTION 5: The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published as required by law. PASSED, APPROVED, AN[) ADOPTED this 19th day of November, 1997. AYES: Alexander, Biane, Gutierrez, Williams NOES: None ABSENT: Curatalo ABSTAINED: None ATTEST: Debra J. Ad¢~s, CMC, City Clerk William J. Mayor I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the Council of the City of Rancho Cucamonga held on the 5th day of November, 1997, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 19th day of November, 1997. Executed this 20th day of November, 1997, at Rancho Cu?.,amonga, California.