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HomeMy WebLinkAbout422 - Ordinances ORDINANCE NO. 422 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING CHAPTER 9.19 ABATEMENT OF CERTAIN NUISANCES TO TITLE 9 - PUBLIC PEACE, MORALS AND WELFARE TO THE CODE OF THE CITY OF RANCHO CUCAMONGA A. Recitals. (i) The City Council of the City of Rancho Cucamonga has found and determined that in certain structures or places in the City criminal street gang activity is present which has caused and will continue to cause deleterious conditions to be present in the City, including but not limited to, offenses involving dangerous or deadly weapons, crimes against the person and crimes against property and the related burden on law enforcement to respond to such activity. (ii) The City Council further found and determined that persons, including but not limited to, criminal street gangs, utilize structures and places within the City for the unlawful storage, sales, serving, keeping, manufacturing or giving away of controlled substances as such are defined by State and Federal law and which are commonly referred to as "drugs". (iii) The City Council has determined that the utilization of such structures and places within the City for the uses set forth above are, and constitute, public nuisances as such are defined in State law and such activities are violative of the public health, safety and welfare and further such activities interfere with the enjoyment and use of property within the City. (iv) The City Council desires to establish a process which will supplement the general laws of the State by adopting a nonjudicial administra- tive abatement process which is intended to provide an alternative means by which such nuisances may be abated by the voluntary cooperation of the property owner of the structure or place harboring the public nuisance. In the event such nonjudicial process fails to result in the abatement and cessation of such public nuisance the City may institute and pursue to conclusion a civil action to abate such nuisance. B. Ordinance. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby ordain as follows: SECTION 1: In all regards as set forth in Section A, Recitals herei nabove. SECTION 2: Title 9 - Public Peace, Morals and Welfare is amended by the addition of Chapter 9.19 - Abatement of Certain Nuisances, which shall read, i n words and figures, as fol 1 ows: Ordinance No. 422 Page 2 "9.19.1 Purpose and Intent. The City of Rancho Cucamonga has determined that certain activities which have been identified as public nuisances under State law are present and occurring in structures and places within the City. State law provides for the enjoining, abatement and prevention of such nuisances. The City desires to supplement the general laws relating to the abatement of such publ i c nui sances by establ i shi ng a process whereby such nuisances may be abated by a voluntary cooperative effort between the City and the owner of the property whereon such public nuisances are occurring. The procedures established in this Chapter describe and establish this process and further, make provision for obtaining judicial relief in circumstances where voluntary abatement is not achieved. "9.19.2 - Definitions. As applicable to this Chapter, the following terms shall have the definition ascribed to them as fol 1 ows: "A. 'Criminal Activities' as used herein shall mean any misdemeanor or felony as defined by local, State or Federal laws, including but not limited to, the offenses set forth in Penal Code Sections 186.22(c) and 186.22 a. "B. 'Criminal Street Gang' as used herein shall have the meaning as defined in Penal Code Section 186.22(f): any ongoing organization, association or group of three or more persons, whether formal or informal, having as one of its primary activities the commission one or more criminal acts, as specified in subsection (e), which has a common name or common identifying sign or symbol, whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity. "9.19.3 - Public Nuisances to be abated; Procedures. "A. Every structure or place used for the purposes of criminal activity by a criminal street gang, gangs, or individual members thereof, or each building or place wherein or upon such criminal activity takes place, or as defined in Penal Code Section 186.22(a) is a public nuisance and may be abated as set forth herein. "B. Every structure or place used for the purpose of unlawfully selling, serving, storing, keeping, manufacturing, or giving away any control 1 ed substance, precursor and anal og speci fi ed i n State 1 aw and every building or place where such activity occurs or as is defined i n Heal th and Safety Code Secti on 11570 i s a publ i c nuisance and may be abated as set forth herein. Ordinance No. 422 Page 3 "C. Abatement procedures as set forth in State law which, respectively, relate to Penal Code Section 186.22(a), Health and Safety Code Section 11570 may be commenced by the City Attorney as set forth herein. "9.19.4 - Allegation of Nuisance; Investigation. "A. Written Allegations. Any person may submit to the Chief of Police written allegations regarding the existence of a nuisance as defined herein at a specific structure or place. Such written allegations shall be factual in nature and provide specific details which serve to support the allegations. Notwithstanding the fore- going, the Police Department or any code enforcement agency of the City, may identify a structure or place which is believed to be a nuisance as defined herein. "B. Investigation of Allegations. "1. The Police Department shall investigate all allega- tions regarding the existence of the nuisance utilizing appro- priate investigative procedures. Such investigation may include but is not limited to a review of calls for service for nuisance-related activities, statements or admissions of the property owner or occupants of the subject structure or place, and declarations from adjacent property owners or occupants. "2. The Chief of Police shall determine if the results of the i nvesti gati on warrant proceeding to a nuisance abatement hearing. "a) If a nuisance abatement hearing is determined to be justified, the Chief of Police, or his designee, shall proceed as set forth in Section 9.19.5. "b) If a nuisance abatement hearing is not found to be justified, a written notice of such decision shall be mailed by first class mail to the party who submitted the written al 1 egati ons. "9.19.5 - Nuisance Abatement Hearing. "A. When the Chief of Police has determined that a nuisance abatement hearing is justified, he shall establish a date, time and pl ace for such hearing. "B. Notice of the hearing shall be sent by certified mail to the owner(s) of record of the property at the address as shown on the last equalized tax assessment roll, and to the party who filed the allegations. Ordinance No.. 422 Page 4 "1. The notice shall be sent not less than ten (10) calendar days prior to the date established for such hearing. "2. The notice shall contain the following: "a) Identification of the street address and assessors parcel number of the subject property; "b) Identification of the alleged nuisance and the evidence in support thereof; "c) A description of the hearing process and the rights of the property owner; "d) An explanation of the alternative civil abatement process; and "e) A description of the appeal process. "9.19.6 - Hearin9 Procedure. "A. General Provisions: "1. The City Manager or his designee shall serve as the Nuisance Abatement Hearing Officer. "2. The Hearing Officer shall have the power and duty to administer oaths and affirmations and to certify to official acts. "3. The hearing shall be recorded by means of audio tape recording or any such other means as the Hearing Officer deems appropriate. "4. All persons presenting oral testimony shall be sworn prior to taking such testimony. "5. All written evidence shall be signed and dated by the person submitting the same. "B. Presentation of Evidence. "1. Each party may cal 1 and examine al 1 witnesses, present evidence, rebut any evidence presented against the party and be represented by anyone the party may choose. "2. All relevant evidence shall be admitted and considered by the hearing officer, whether such evidence be oral or written. Irrelevant or repetitious testimony shall be excluded by the hearing officer. Ordinance No. 422 Page 5 "C. Decision of Hearing Officer. "1. The Hearing Officer shall, not more than five (5) working days after the hearing render a written decision which shall, on the basis of the evidence as presented, determine the existence or nonexistence of the alleged nuisance. "2. If a nuisance is found to existence the hearing officer shall describe the nuisance with particularity and shall specify a time frame for the voluntary abatement of the nuisance by the property owner by any lawful means. Further, the deci- sion shall explain the civil abatement alternative if voluntary abatement fails to abate the nuisance. "3. The written decision shall be served on the property owner and interested parties by certified mail. 9.19.7 - Appeal Procedure. "The property owner may appeal the decision of the Hearing Officer on any grounds, on or before the tenth (lOth) day after the date of the Hearing Officer's decision. Such appeal shall be written and shall describe with particularity the grounds for the appeal. Such appeal sha'l place such appeal on the first available City Council agenda. "The City Council shall consider the appeal in conjunction with and respective to the record of the nuisance abatement hearing. The City Council may revise, amend or otherwise alter the decision of the Hearing Officer in its sole discretion insofar as such is supported by the evidence. "9.19.8 - Civil Abatement. "When the property owner or other interested party responsible for the subject structure or place fails to abate the nuisance within the time frame as established for such abatement, the City Attorney is authorized to proceed with a civil action to abate the identified nuisance pursuant to the applicable State or Federal law. Such abatement action may include seeking a temporary injunction and any applicable damages, costs, and remedies. In the event such damages and costs are not satisfied such shall become a lien and charge against the subject structure or place." SECTION 3: That the City Clerk shall certify to the passage and adoption of this Ordinance, causing it to be posted as required by law, and it shall thereafter be in full force and effect thirty (30) days after the date of its adoption. Ordinance No. 422 Page 6 SECTION 4: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once in the Inland Valley DailJ/Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this 18th day of July, 1990. AYES: A1 exander, Brown, Buquet, Stout NOES: None ABSENT: Wright Q~,~~ ' ennis L: Stout, Mayor ATTEST: D~bra J. Ada~', City Clerk 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 20th day of June, 1990, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 18th day of July 1990. ' Executed this 19th day of July, 1990 at Rancho Cucamonga, California.