Ordinance - 1827ORDINANCE NO. 1827
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA ADDING SECTIONS
15.111 THROUGH 15.115 TO THE MUNICIPAL
CODE PROVIDING FOR CIVIL ACTIONS TO ABATE
NUISANCES CAUSED BY DRUGS AND GANGS
• The City Council of the City of West Covina does
ordain as follows:
Section 1. Findings: The City Council finds:
(A) That there exist within the City certain
problems with gangs whose members engage in illegal
conduct, including but not limited to the unlawful
manufacturing, selling, serving, storing, keeping
or giving away of controlled substances;
(B) That the City Council has determined that such
acts constitute public nuisances under state law
and are acts violative of the public health, safety
and welfare, indecent and offensive to the senses
which interfere with the enjoyment of life and
property;
(C) That the City Council desires to create a
means to work with and assist property owners who
wish to end gang and drug activities on their
property by providing for coordination of civil
abatement actions by the City Attorney where such
nuisances are found to exist.
Section 2. Sections 15.111 through 15.115 hereby
are added to the West Covina Municipal Code to read as
follows:
Section 15.111 Definitions
(a) "Drug" or "drugs" as used herein shall mean
one or more controlled substances, including
precursors and analogs, defined in Health and
Safety Code Section 11007.
(b) "Gang" as used herein shall mean any ongoing
organization, association or group of three (3) or
more persons, whether formal or informal, which has
a common name or common identifying sign or symbol,
and whose members individually or collectively
engage in or have engaged in a pattern of illegal
conduct.
(c) "Illegal conduct" as used herein shall mean a
misdemeanor or felony as defined by state or
federal law.
Section 15.112 Public Nuisances to be Abated
(a) Any building or place used for the purpose of
illegal conduct by a gang or gangs or gang members,
' or wherein or upon which such illegal conduct takes
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Page Two
place, or as defined In health and Safety Code
Section 11570 is a public nuisance and may be
abated as set out herein.
(b) Abatement procedures for a nuisance as defined
in Health and Safety Code Section 11570 may be
commenced as set out herein.
Section 15.113 Identification of Nuisance
• (a) The Police Department may identify a building
or place which is a nuisance as defined in this
ordinance by documenting a pattern of continuous
and repeated drug or illegal conduct in or at such
building or place. The Police Department shall
develop procedures for use in the identification
and documentation of such nuisances, including but
not limited to documenting arrests for illegal
conduct or arrests related to drugs, statements
From neighbors or declarations from the owner or
manager of the property.
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(b) Alternatively, the owner or manager of
property who believes that a nuisance as defined
herein may exist on his property may provide the
Police Department with written evidence of such
nuisance and a written request that the Police
Department investigate under its procedures, and,
where appropriate, request abatement of the
nuisance.
Section 15.114 Notification of Nuisance
(a) Where the Police Department has determined
that a nuisance exists as defined herein, it shall
give notice of the existence of such nuisance and
request for immediate abatement to the owner,
occupant, manager, or agent for the property and to
any other person interested in the property or who
has requested such notice.
(b) The first notice shall be by letter, which
shall state the location of the nuisance, the type
of illegal or drug activity, and the requested
manner of abatement. The letter shall give 30
calendar days in which to commence voluntary
abatement of the nuisance in the manner
requested. Abatement may include but is not
limited to eviction of the tenant(s) creating the
nuisance or closure of the building.
(c) Within that 30 day period, the owner of any
property so identified may request in writing that
the Police Department proceed with abatement
against the property as set out in this ordinance
and under state law. As a condition to abatement,
the Police Department and the City may enter into
an agreement with the owner or agent to assist in
such proceedings or to bring the building into
.compliance with applicable state, federal and local
building codes and regulations.
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Page Three
(d) At the end of the 30 day period, the Police
Department shall determine whether or not the
nuisance is being or has been abated. If the
Police Department finds that such nuisance
continues to exist, the owner, occupant, manager or
agent and any other interested person or person
requesting notice shall be served with a second
notice. The second notice shall state that the
nuisance continues to exist, its location, type and
• manner of abatement and that abatement must
commence within 5 working days or the matter will
be referred to the City Attorney for civil action.
(e) The notices required by this section shall be
served by personal delivery or by mailing, first
class, postage prepaid, return receipt requested,
to the owner at his last known mailing address as
it appears on the last equalized assessment roll of
the County, and to the occupant, manager or agent
at the address of the building or any other known
address. The failure of any person entitled to
receive such notice shall not affect the validity
of any proceedings under this ordinance.
(f) Upon receipt of a response from the person
served, the Police Department and the City may
agree in writing to extend the time to commence,
perform or complete abatement, and may condition
such extension on the performance of actions by the
owner, occupant, manager, or agent, including but
not.limited to bringing the building into
compliance with any and all applicable local, state
and federal building codes and regulatons.
Section 15.115 Civil Action by City Attorney
(a) When the owner, occupant, manager, agent or
other interested and responsible person has failed
to abate the nuisance after notification as set out
in Section 15.114, or has violated the terms of any
agreement reached under subsections (c) and (f)
thereof, the City Attorney is authorized to
commence a civil action to abate the nuisance as
set out under health & Safety Code Sections 11570
et seq. and the Civil Code of California, and to
seek a temporary injunction, protection of witness,
and any and all applicable damages.and remedies,
including attorneys fees and costs. Any such
damages or costs when unpaid shall become a lien
and charge against the building or property.
Section 3. Severability. If any section,
subsection, subd vison, paragraph, sentence, clause or
phrase of this ordinance is for any reason held to be
invalid or unconstitutional by a decision of any court of
competent juridiction, such decision shall not affect the
validity of the remaining portions of the ordinance or any
part thereof. The West Covina City Council hereby declares
that it would have passed each and every section,
subsection, subdivision, paragraph, sentence, clause, or
phrase, irrespective of the fact that any one or more
sections, subsections, subdivisions, paragraphs, sentences,
clauses or phrases be declared invalid or unconstitutional.
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Ordinance 1827
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Section 4. Effective'Date. This ordinance shall
be effective 30 days from the date of its adoption.
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 AND APPROVED this 13th day of November ,
ATTEST:
V .
CITY CLE
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF WEST COVINA )
I► Janet Berry City Clerk of the City of
West Covina, do hereby certify that the foregoing Ordinance
No. was regularly introduced and placed upon its
first reading at a regular meeting of the City Council on
the 30th day of October , 19 89 . That thereafter,
said Or id nance was duly aTo—pt-e-d and passed at a regular
meeting of the City Council on the day of
-November ► 19_19, by the following vote, to wit:
AYES: COUNCILMEMBERS:
Tarozzi, McFadden, Manners, Lewis, Bacon
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
CITY =C,LE ;.
APPROVED AS TO FORM:
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CERTIFICATION
• I, JANET BERRY, City Clerk 'Of the City of West ,Covina, State of
California, do hereby certify that a true and accurate copy of
Ordinance No. -,Z027 was published, pursuant to law, in the
San Gabriel Valley Tribune, a newspaper of general circulation
published and circulated in the City of West Covina.
— Janet Berry, City Clerk
City of West Covina, California
DATED: %