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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 Ordinance 1827 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. 0 (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. -2- elh/ORN5172 Ordinance 1827 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. elh/ORN5172 Ordinance 1827 Page Four • 0 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: elh/ORN5172 -4- 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: %