HomeMy Public PortalAboutOrd. 1608ORDINANCE NO. 1608
• AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
AMENDING CHAPTER 3 OF THE MUNICIPAL CODE ADDING A NEW
SECTION 3 -33 RELATING TO NARCOTICS AND GANG RELATED CRIME
EVICTION PROGRAM
WHEREAS, the City Council of the City of Lynwood declares it in the
public interest to discourage landlords from retaining tenants who commit, permit,
maintain, solicit, or are involved in illegal drug activity or gang related crime
because such criminal behavior harms other tenants' use and quiet enjoyment of
their residences and deteriorates the surrounding neighborhood; and
WHEREAS, it is the right of every person, regardless of race, color, creed,
religion, national origin, gender, age, sexual orientation, or handicap, to be
secure and protected from fear, intimidation, and physical harm caused by the
activities of violent groups and individuals; and
WHEREAS, these activities, both individually and collectively, present a
clear and present danger to public order and safety and are not constitutionally
protected; and
WHEREAS, the City wishes to amend Chapter 3 of the Municipal Code to,
provide additional procedural protections for landlords and innocent tenants
• without undermining the City's purpose of protecting the right of landlords to evict
tenants who engage in unlawful conduct and the right of adjoining tenants and
property owners to use and enjoy their property without the threat of continued
gang, criminal and drug activity occurring in nearby rental units; and
WHEREAS, the provisions of this ordinance shall not be construed or
enforced in a manner that interferes with or infringes upon the rights of any
individual under the guarantees and protections of the state or federal
constitution; and
WHEREAS, the adoption of this ordinance is necessary to protect the
public health, safety and general welfare of the residents of the City of Lynwood.
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF LYNWOOD
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The Lynwood Municipal Code is hereby amended by adding a new
Section 3.33 to Chapter 3, Public Safety Regulations, which shall read in its
entirety as follows:
Section 3 -33 Narcotics and Gang Related Crime Eviction
Program
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3 -33.1
Definitions.
3 -33.2
Administrative Procedures.
3 -33.3
Implied Lease Term.
3 -33.4
Notice of Violation.
3 -33.5
Landlords' Duty to Abate.
3 -33.6
Right o Appeal Notice of Violation.
3 -33.7
Lien Authorized.
3 -33.8
Prohibition and Penalties.
3 -33.9
Civil Remedies and Penalties.
3 -33.10
Exceptions.
3 -33.1 Definitions.
For the purposes of the Chapter, the following words and phrases shall be
construed to have the meanings herein set forth.
(a) "Criminal street gang" means any ongoing organization, association or
group of three or more persons, whether formal or informal, having as one of its
primary activities the commission of one or more of the criminal acts enumerated
in Penal Code section 186.22 (e), having a common name or common identifying
sign or symbol, and whose members individually or collectively engage in or
have engaged in a pattern or criminal gang activity as defined in said section.
(b) "Diligently prosecute" means filing an unlawful detainer action,
including an action pursuant to California Code of Civil Procedure § 1161 (4) and
following the procedures described herein or seeking eviction where no unlawful
detainer action is legally required; and pursuing such action with constant and
earnest good faith effort in an effort to accomplish the vacation of the premises
by the offending tenant(s) without unreasonable delays.
(c) "Extended occupancy motel room" means any motel room that is
rented to a person or persons whose occupancy exceeds 28 consecutive days or
28 days in any 60 consecutive day period.
(d) "Gang member" means any person who actively participates in any
criminal street gang.
(e) "Gang related crime' means any crime committed by a gang member
as defined herein.
(f) "Illegal drug activity" means a violation of any of the provisions of
Chapter 3 -25.1 of the Municipal Code or any provision of the California Health
and Safety Code relating to the possession, sale, use or manufacturing of any
Controlled Substance.
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(g) "Controlled Substance" means a drug, substance, or immediate
precursor, as listed in the Uniform Controlled Substances Act, Health and Safety
• Code Section 11000 et. Seq.
(h) "Drug related nuisance" means 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 or
safety of other residents of the premises or within a 1,000 foot radius from the
boundary line of the premises. These activities include, but are 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, possession of weapons,
or drug loitering as defined in Health and Safety Code Section 11532, or other
drug related activities.
(i) "Gang related crime" means any crime motivated by gang membership
in which the perpetrator, victim or intended victim is a known member of a gang.
Q) "Violent crime" means any crime involving use of a gun, a deadly
weapon or serious bodily injury and for which a police report has been
completed. A violent crime under this section shall not include a crime that is
committed against a person residing in the same rental unit as the person
committing the crime.
(k) "Threat of violent crime" means any statement made by a tenant, or at
• his or her request, by his or her agent to any person who is on the premises or to
the owner of the premises, or his or her agent, threatening commission of a crime
which will result in death or great bodily injury to another person, with the specific
intent that the statement is to be taken as a threat, even if there is no intent of
actually carrying it out, when on its face and under the circumstances in which it
is made, it is so unequivocal, immediate and specific as to convey to the person
threatened, a gravity of purpose and an immediate prospect of execution of the
threat, and thereby causes that person reasonably to be in sustained fear for his
or her own safety or for his or her immediate family's safety. Such a threat
includes any statement made verbally, in writing, or by means of an electronic
communication device and regarding which a police report has been completed.
A threat of violent crime under this subdivision shall not include a crime that is
committed against a person who is residing in the same rental unit as the person
making the threat. "Immediate family" means any spouse, whether by marriage
or not, parent, child, any person related by consanguinity of affinity within the
second degree, or any other person who regularly resides in the household, or
who, within the prior six months, regularly resided in the household. "Electronic
communication device" includes but is not limited to, telephones, cellular
telephones, video recorders, fax machines, or pagers. "Electronic
communication" has the same meaning as the term is defines in subsection 12 of
Section 2510 of Title 18 of the United States Code, except that "electronic
communication" for the purpose of this definition shall not be limited to electronic
• communication that affects interstate or foreign commerce
(1) "Knowingly permit' means having notice or knowledge of any illegal
drug activity or gang related crime occurring on the premises and failing to take
action to abate said activities. (/
(m) "Landlord" means an owner of residential property who leases or
subleases a rental unit to a tenant(s) on property within the City of Lynwood.
"Owner" includes a person, corporation, partnership, or other legal entity and any
agent or independent contractor responsible for leasing for the owner.
(n) "Offending tenant' means any tenant who commits, permits,
maintains, solicits or is involved in any illegal drug activity or gang related crime
on the premises and at least one tenant of the premises has been arrested, cited
and /or convicted of such illegal drug activity or gang related crime.
(o) 'Premises" means the interior of a rental unit and any accessory
buildings and the land on which they are located, and the interior of any other
residences of leased by the same landlord and located at the same rental unit
complex, including, but not limited to, common areas, walkways, garage facilities,
private streets and alleys, halls, stairwells and elevators, and the portion of any
public street which is immediately adjacent thereto.
(p) "Rental unit' means any dwelling as defined in Chapter 25 of this
Code, including, but not limited to, any single and multi - family residence, duplex,
court, condominium, apartment and /or townhouse in the City of Lynwood. The
term "rental unit' shall also include any mobile home park or trailer park for which �1
rent is paid, or for which rent is paid for the land upon which the mobile home or
trailer is located, or both. This term shall also mean any recreational vehicle, as
defined in California Civil Code § 799.24, if located in a mobile home park, trailer
or recreational vehicle park, and for which rent is paid, or for which rent is paid
for the land upon which it is located, or both. 'Rental unit' shall also include any
extended occupancy motel room.
(q) "Tenant' means any tenant, subtenant, lessee, sub - lessee or any
person entitled to the use or occupancy of a rental unit, or any other person
residing in a rental unit, except "tenant' does not include any person under 18
years of age unless she or he is a legally emancipated minor.
3 -33.2 Administrative Procedures.
The City Manager of the City of Lynwood or his or her designated
representative may promulgate such administrative procedures as may be
reasonably necessary to implement and enforce the provisions of this Chapter.
3 -33.3 Implied Lease Term.
All
leases of
real property in the City of Lynwood used for
residential
purposes
shall be
deemed to include the following implied term
constituting
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grounds for termination of the lease: The tenant causes or permits any illegal
drug activity or gang related crime to occur on the premises.
• 3 -33.4 Notice of Violation.
(a) To enforce the provisions of this Chapter, the City Manager may
cause to be delivered to any landlord a written Notice of Violation advising that
the City Manager of the City of Lynwood has determined that the landlord of the
rental unit is in violation of Section 3 -33.5 of this Chapter.
(b) The notice shall be delivered personally or by mailing it on the date
of the notice via U.S. Postal Service, return receipt requested, to the landlord at
his or her address as shown on the most recent County Assessor's Rental
Property Tax Rolls, or to any other address for the landlord known to the City, or
to the landlord's manager of the rental unit. Separate notice also is provided to
the offending tenant(s) in accordance with this subsection.
(c) The Notice of Violation shall:
1. Identify the address of the rental unit, the unit number, where
applicable, the offending tenant(s), a detailed description of the specific legal
violation(s) which occurred, and the date(s) and time(s) of occurrence, and the
resulting arrest(s) and /or conviction(s), together with sufficient documentation to
aid the landlord in prosecuting the unlawful detainer action including, but not
limited to, documented observations of a peace officer or any witness willing to
testify to supply probable cause for the unlawful detainer action, records of arrest
or conviction, or such other information in the possession of the Sheriff's
Department which evidences the public nuisance, illegal drug activity or gang
related crime by a tenant of the rental unit. As to any offending tenant who is
sought to be evicted based on allowing or permitting another person or co- tenant
to engage in illegal drug activity or gang related crime, evidence shall include
information sufficient to conclude by a preponderance of the evidence that the
offending tenant was aware of the illegal drug or gang related criminal activity
and failed to take responsible steps to prevent or report the illegal drug or gang
related criminal activity.
2. Notify the landlord that within 30 calendar days of the date of
mailing of the notice, she /he must either (i) serve the offending tenant or
diligently prosecute either a 3 day notice to quit or a 30 day notice to vacate, or
(ii) file a written appeal of the determination of violation with the Lynwood City
Manager.
3. The separate notice to the tenant(s) shall also include, in at
least 14 -point bold type, the following:
"Notice to Tenant ": This notice is not a notice of eviction. However, you
4011 should know that an eviction action may soon be filed in court against you
for illegal activity as described above. You should contact your attorney or
consult with a legal aid clinic if you have questions about the contents of
notice, particularly if any of the following is applicable:
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1. You are not the person named in this notice.
2. The person named in the notice does not live with you.
3. The person named in the notice has permanently moved.
4. You do not know the person named in the notice.
5. You have any other legal defense or legal reason to stop the
eviction action.
(d) The City Manager, at least fourteen (14) calendar days prior to
sending a Notice of Violation, shall send a letter to the landlord containing a
notice that a specified tenant or occupant of the premises has been arrested or
convicted for illegal drug activity or a gang related crime committed on the
premises.
3 -33.5 Landlords' Duty to Abate.
(a) A landlord shall not knowingly permit a tenant to use or occupy any
leased, residential premises if the tenant commits, permits, maintains, solicits or
is involved in any illegal drug activity or gang related crime on said premises that
results in an arrest and conviction. This section is not violated unless and until a
landlord fails to take abatement action pursuant to this section within the 30 -day
period allowed. 0
(b) A landlord who receives a Notice of Violation shall, within 30
calendar days of the date of mailing of the notice, either:
(1) Serve a 3 day notice to quit or a 30 day notice to vacate on
the offending tenant(s), provide the City Prosecutor or City Attorney with all
relevant information pertaining to the unlawful detainer case, and diligently
prosecute the same, or
(2) File an appeal with the City Manager.
(c) A landlord who has appealed a Notice of Violation and the notice
has been affirmed shall within 30 days of the date of mailing of the ruling serve a
3 day notice to quit or a 30 day notice to vacate on the offending tenant(s) and
diligently prosecute the same.
(d) Notwithstanding the provisions of subdivision (b), above, the
landlord of an extended occupancy motel room, as defined herein, who is not
legally required to utilize the eviction or unlawful detainer procedures to evict a
tenant, shall cause the removal of the offending tenant or file an appeal with the
City Manager within 30 calendar days of the date of mailing of the Notice of
Violation. 0
(e) A landlord prosecuting an unlawful detainer action pursuant to this
Chapter shall, within seven (7) days of receiving an order or judgment from the
court, deliver a copy of such order or judgment to the Sheriff's Department.
(f) Nothing in this Chapter shall prevent a landlord from complying with
this Chapter by allowing the offending tenant(s) to voluntarily vacate the
premises within the time period allowed.
(g) A landlord shall not lease any rental unit that has been vacated
according to the provisions of this Chapter, or any other rental unit in the same
rental unit complex, to an offending tenant(s) prior to the expiration of 12 months
following said tenant(s) vacating the rental unit.
3 -33.6 Right to Appeal Notice of Violation.
(a) Any person upon whom a Notice of Violation has been served may
file a written appeal of the Notice of Violation with the City Manager of the City of
Lynwood who shall cause the matter to be set for hearing. At least ten (10) days
written notice of the date, time, and place of said hearing shall be given
personally or served by first class mail on the date of the notice, addressed to the
appellant's last known business address. Service by mail shall be deemed to be
completed a time of deposit in the United States mail. Proof of giving the notice
may be made by a declaration signed under penalty of perjury by any employee
of the City which shows service in conformity with this section. The appeal, to be
• effective, must be filed with and received by the City Manager within 30 calendar
days of the date of mailing of the Notice of Violation.
(b) The City Manager, or his or her designated representative, shall
serve as the Hearing Officer and shall set said appeal for hearing within 30
calendar days of receipt of the appeal application. Following the conclusion of
the hearing, the Hearing Officer shall affirm, reverse, or reverse subject of
conditions, the City Manager's Notice of Violation. The Notice of Violation shall
not be affirmed unless the Hearing Officer finds that it contains sufficient
evidence of a violation of the law by the offending tenant(s) to justify the filing of
an unlawful detainer action by the Landlord against the offending tenant(s). The
Hearing Officer's decision shall be based upon written findings, to be rendered
within 14 calendar days of the conclusion of the hearing, and shall be final,
notwithstanding section 20 -7 of this Code.
(c) The landlord or his, her or its authorized agent may offer evidence
at any appeal hearing of any safety - related reasons that he, she or it has not or
cannot pursue an unlawful detainer action against the offending tenant(s). If the
Hearing Officer determines that credible evidence of a safety - related reason has
been shown which prevents or makes unreasonable the landlord's pursuit of an
unlawful detainer action against the offending tenant(s), the landlord may be
relieved from his, her or its obligation to diligently prosecute and eviction or
• unlawful detainer action against the offending tenant(s), provided that
(i) The landlord executes a written assignment to the City
Prosecutor or City Attorney of his or her right to bring an
unlawful detainer action against the offending tenant(s), on
a form prepared by the City Prosecutor or City Attorney; and
(ii) The landlord provides all relevant information in his, her or
its possession, pertaining to the criminal activities occurring
on the premises and to the unlawful detainer or eviction
proceedings or action to the City Prosecutor or City
Attorney, including but not limited information as to the
names and addresses of all occupants of the premises, their
relationship to one another, if any, a copy of the rental
agreement for the premises and any amendments thereto,
copies of any correspondence, notices, warnings, or other
documents relating to the tenancy of the offending tenant(s)
activities know to the landlord; and
(iii) The landlord agrees to reimburse the City for the costs of
investigation, discovery, and reasonable attorney's fees
incurred by the City in prosecuting the eviction or unlawful
detainer action, up to a maximum of $600.
3 -33.7 Lien Authorized.
All reasonable costs, including attorneys fees, incurred by the City shall be
paid to the City within thirty (30) days of written notice by the City to the landlord,
and if unpaid after thirty (30) days may become a lien against the subject
property. In addition, any judgment for money, including permitted fees and
costs, awarded to the City of Lynwood through an enforcement action pursuant
to this Chapter, may be recorded as a lien against the subject property and, if
judgment is entered against multiple defendants, they shall be jointly and
severally liable for any judgment so ordered.
3 -33.8 Prohibition and Penalties.
(a) It shall be unlawful for any person to violate any of the provisions or
to fail to comply with any of the mandatory requirements of this Chapter.
(b) Actions to enforce the provisions of this Chapter shall be governed
by section 1 -5 of this Code shall be infractions.
3 -33.9 Civil Remedies and Penalties.
(a) In addition to any other remedy provided for herein, if the landlord
fails to comply with the provisions hereof by filing a timely appeal of the Notice of
Violation, or having failed to file an appeal or upon denial of an appeal, to file and
diligently prosecute an eviction or unlawful detainer action against the offending
tenant(s), the City Prosecutor or City Attorney may file and prosecute such
action, in which the landlord and /or owner shall be joined as a defendant.
Service of the summons and complaint upon the defendant, offending tenant(s),
• and owner /landlord shall be made in accordance with Sections 415.10, 415.20,
415.30, 415.40 and 415.50 of the Code of Civil Procedure. Costs, including
costs of investigation, discovery and attorney's fees, maybe awarded to the City
in such action against both the offending tenant(s) and the landlord /owner who is
joined as a defendant.
(b) The violation of any of the provisions of this Chapter shall constitute
a nuisance and may be abated by the City of Lynwood through civil remedies,
including, but not limited to, a restraining order, preliminary or permanent
injunction, or any other remedy at law or in equity for the abatement of such
nuisance.
(c) A court rendering a judgment pursuant to this Chapter may, in
addition to any other remedies at law or in equity, impose a civil penalty in the
maximum amount permitted by law, payable to the City of Lynwood, and require
the payment of the City's attorney's fees, costs of
investigation and discovery, and court costs.
3 -33.10 Exceptions.
(a) Nothing in this Chapter shall be deemed to affect or impair the
City's right to determine that any owner - occupied or rental property is being
• conducted in such a way as to constitute a public nuisance and to pursue
available legal remedies relating to such nuisance pursuant to the provisions of
Section 3 -13 of this Municipal Code, or pursuant to California Health and Safety
Code section 11571.
(b) . Nothing in this Chapter shall prevent the City Attorney or City
Prosecutor from reaching a compromise memorialized in. writing- 'with..any -
landlord and /or tenant to abate and address an&ubli�riuisancb�related•to the
use or occupation of any rental unit involved in any illegal drug activity or gang
related crime without completing the eviction process as described herein.
(c) The provisions of this Chapter shall be construed so as to not
interfere with any right afforded any person under the state or federal
constitutions, and to the extent any provision herein conflicts with any such right,
the provision shall be deemed to be void and of no effect.
Section 2. Any provisions of the Lynwood Municipal , Code or
appendices thereto - inconsistent with the provisions of this Ordinance, to the
extent of such inconsistencies and no further, is hereby repealed or modified to
that extent necessary to effect the provisions of this Ordinance.
Section 3. If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held to be invalid or unconstitutional by
the decision of any court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions of this Ordinance. The City Council of the
City of Lynwood hereby declares that it would have adopted this Ordinance and
each section, subsection, sentence, clause, phrase, or .portion thereof,
irrespective of the fact that any one or more sections, subsections, sentences,
clauses, phrases, or portions be declared invalid or unconstitutional.
Section 4. This ordinance shall take effect thirty (30) days after its final
passage by the City Council.
Section 5. The City Clerk of the City of Lynwood is hereby directed to
certify to the passage and adoption of this Ordinance and to cause it to be
published or posted as required by law.
First read at a regular meeting of the City Council held on the 3rd day of March,
2009, and adopted and ordered published at a regular meeting of said City Council
on the 17th day of March, 2009.
ATTEST:
Maria Quin onez,.City Clerk
APPROVED AS TO FORM:
jj
Fred ala te, City Attorney
Maria T. Santillan, Mayor
N I�!%
APPROVED AS TO CONTENT:
Neighborhood
, Director
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•
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that
the above and foregoing Ordinance was duly adopted by the City Council of the
City of Lynwood at its regular meeting held on the 17th day of March, 2009.
AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ,
CASTRO, AND SANTILLAN
NOES:
F-11 *3 re1I k R
/e1- 1-11 =I1'! 110
aria Quinonez, Ci y Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City
Council of said City, do hereby certify that the above and foregoing is a full, true
and correct copy of Ordinance No. 1608 in my office and that said Ordinance
was adopted on the date and by the vote therein stated. Dated this 17th day of
March, 2009.
i
aria Quinonez, City Clerk
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