HomeMy WebLinkAboutAgenda Report - October 19, 1994 (56)1
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CITY COUNCIL MEETING
OCTOBER 19.1994
RESPONSE FROM EASTSIDE IMPROVEMENT COMMITTEE REGARDING MR. COCHRAN
AND GRAFFITI ABATEMENT PROGRAM; SUGGESTION OF CODE ENFORCEMENT TEAM
Virginia Snyder. Eastside Improvement Committee, responded that she did not meet with
Council Member Davenport, because at the time of the request, he was going through a
recall effort and the committee did not want to get involved. Further. she did not meet
with Mr. Cochran regarding the Graffiti Abatement Program because the committee did
not want to be put in the position of recommending any business to the City for the
program.
Further, Ms. Snyder presented a proposal to create a Code Enforcement Team, made up
of City staff, committee members, and representatives of the Immigration and
Naturalization Service and San Joaquin County Health Service. This idea was discovered
from the City of Pasadena (a copy of the proposal is on file in the City Clerk's office).
FILE NO. CC -2(s), CC -6, CC -13 AND CC -16
CODE ENFORCEMENT TEAM (Draft)
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1. Blight is a breeding ground for crime. It damages a child's self-esteem
which may drive him or her to gang membership. Combating creeping blight,
and enforcement of existing codes and ordinances must be a top priority
for the City of Lodi.
2. Blight causes subtle but substantial economic loss to a community.
Reduced property values, loss of revenue from fees and building permits,
and loss of business licenses fees from illegally operated home businesses
such as auto repair shops help weaken a city's financial position.
3: Affordable housing is one of the prime attractions for businesses planning
to relocate. Lodi has an excellent building stock of affordable homes
that do not attract buyers because they are located in a blighted,
crime -ridden area. As the number of owner -occupied decreases, slum
landlords purchase these prcperties and blight continues to spread. In
addition to increased costs for police, fire and emergency services, the
resulting loss in revenue from real estate sales escalates.
4. While ordinary citizens are discouraged from filing police complaints, a
few Lodi addresses claim a disproportionate share of police, fire and
emergency staff time. Once Lodi apartment complex registered sixty-six
(66) police calls in four month:. This is a direct result of indifferent
property management by landlords. l'heie a -.e zany such locations in Lodi.
Property owners should be held liable
5. A piece -meal apl,roach to rode enforcement squanders rhe efforts of city
staff. Since at present no one entity is ne1u accountable, code
enforcement in Lodi is ineffective and wasteful.
6. By better utilizing the talents of existing staff, a team approach to code
enforcement will prevent fragmentation and "passing the buck" and lead to
cost-effective code enforcement with no increase in city staff.
7. City employees who take steps to combat unsafe, unhealthy and unattractive
conditions must be able to c�•int upon the support of th.ir supervisors and
City Council. It is demoralizing and unproductive to have staff decisions
countermanded at some higher level. This is a waste of time and effort.
8. Citizens are demanding effective code enforcement. Citizens have a right
to expect their tax dollars are spent efficiently. A team approach to
code enforcement is the key to a vision; a vision where there are no
blighted neighborhoods in Lodi.
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The mission of the Code Enforcement Team is as follows:
To direct the resources of City staff and the community toward eliminating
or repairing the most severe cases of property neglect in the City of
Lodi. To create a vision of healthy neighborhoods with more affordable
housing, reduced crime and an environment inviting to new residents and
businesses.
The major goal of the Code Enforcement Team is:
To complete and maintain a list of the Top Ten "problem" properties in the
City of Lodi and eliminate one property from the list every week.
The Code Enforcement Team will consist of the following members:
1. Community Development Director- Jim Schroeder
2. Police Seargent Gary Benincasa
.3. Fire Marshall, Bob Gorbet
4. Deputy City Attorney - John Luebberke
5. Assistant to the City Manager - Kirk Evans
6. Community Improvement Officer - Leland Schmiedt
7. Eastside Improvement Committee - Virginia Snyder
8. Immigration and Naturalization Service
9. San Joaquin County Health Services
71161)'fr
The team will Leet on a weekly basis. Tuesday afternoons appear to be
good - they don't conflict with "busy days" in the Police Department and
management employees on the team are free at that time.
The first meeting should be devoted to introductions and compilation of
the top ten list of problem properties. As properties are eliminated from
this list, new ones will be added; the list will always have ten
properties on it.
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CRy el Pasadena C. R. A. 9. H. CARD
City Resources *pekes* Stunt Housing Location.
OWNER NAME gm*. MN NW*, Owner Peens
TENANT NAME ties, sem Mdar)
Tonere Phone
BUILDING VIOLATIONS: U 1. Rod Leek 0 2. Ceiling Seggkng 0 9. Broken Windows
0 4. Entry Doors Broken 0 S. Chimney Strueluasl Unsound
0 s. Other
ELECTRICAL VIOLATIONS: 0 7. Eapesed (bare) or Hanging Wiese 0 t). Evidence o1 Eleclricat
Sho.ekeufing or Open Outlet Bases 0 9. Circuit or Outlet Overloaded
0 10. OIh .
HEATING VIOLATIONS: 0 11. Unranked Gas Heater O 12. Evidence of Sooting gloater nM
venting properly 0 13. Other
PLUMBING VIOLATIONS: 0 14. Leaking Sewer Une/Trap U IS Clogged Oraln(e)
U 19. Other_
FIRE VIOLATIONS: 0 17. Combusleble Material *round Gas Fired Appliance
U 19. Smoke Oche$o (s)...MbmIng...InoparalNa . Not Visible Irr.er. ar ro.rrrel
O 19. Padlocked or Stocked Goon 1drete es o..d.dk
0 20. Meer troop
ENVIRONMENTAUIIEALTWSANITATION VIOLATIONS: U 21. VooVSrA Stagnant Water
U 22. POOL/SPA Ogee Deal Close AND/OR larch (dreg se needed)
U 23. Trash and Debris is House AND/OR Veld (circle as needed)
U 24. Inoperative Vehicle M Yard OR Orlvewey (circle as needed) 0 2S Car Pats In Yard
U 2E. Evidence of nal, ANINOR Roaches (tides ms n..e.d► U 27. Dwelling Lacks Hot Running Water
U 20. Wader Heeler appear, to be malfunctioning
0 29. Other
Addlllenel Commenter
Officer Nome:
Officer Aselgnment:
Officer ID
Des.:
Time!
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The Cityof Pasadena
• City Resources Against Slum Housing
L 1I' A iii -.i)
THE C.R.A.SR. INSPECTION fa
In the event a certain geographical area has persistent slum -like problems. ordinary housing
programs with single district inspectors may not solve the problem. Many cities have enacted
Slum Task Forces to deal with such housing problems. C.R.A.S.H. is one of those task forces . '
that has effectively developed to deal with the urban skim conditions.
The formation of the task force requires many things. First, the problem of slum conditions must
be identified and accepted by the city leaders. Certain ordinances and regulations must be
enacted to give the different city agencies to inspect. monitor and enforce the city's housing
codes. Secondly. is to form an effective task force team that has one main goal in mind.
eliminate slum conditions and effectively monitor properties after they have been inspected.
The lead agency will be the City Prosecutor who will coordinate with the different departments in
order to have prosecutable housing cases if compliance is not achieved by the property owners.
Next will be the teaming with Senior level inspectors from the Health Dept. Building Dept.. Fire
Dept. The Police Department will assist the inspectors in areas that are of high risk for crone and
assault.
Once the CRASH Team has been selected, regular meetings must be conducted with ell
departments to coordinate the task force efforts. Additionally. this specialized task force team
has developed an effective cost recovery system which all costs are imposed to the violating
owners or managers. A sample cost recovery form is attached at the end of this document.
The inspection should be conducted in a quick and systematic way. Refer to the C.R.A.S.H.
NOTICE OF VIOLATION. The inspectors should be able to quickly inspect each area of the
apartment unit. note the violations and proceed to the next. unit. The following items should be
carefully inspected for housing code violations:
KITCHEN
1. Vermin (cockroaches & rodents).
2. Hot and cold water.
3. Plumbing fixtures.
4. Cabinets and counters.
5. Roars.
6. Walls and ceilings.
7. Exhaust vents.
8. Windows.
9. Water heater.
10. Electrical outlets and switches.
BATHROOM
1. Vermin.
2. Toilet.
3. Sink.
4. Tub or shower.
5. Floors.
6. WaUs end ceilings.
7. Windows.
8. Mechanical vent and heater.
9. Electrical outlets and switches.
s
The G P. A. S. H. Inspection - Cor lid
D DROOM
1. Vermin.
2. Floors.
3. Walls and ceilings.
4. Windows.
5. Doors.
6. Electrical outlets and switches.
7. Properly operating smoke alarms.
UVINGROOM AND HALLWAY
1. Venin.
2. Floors.
3. Wafts and ceilings.
4. Windows.
5. Heater.
6. Electrical outlets and switches.
7. Doors.
EXTERIOR INSPECTION
1. Walls.
2. Stairways and handrels.
3. Window screens.
4. Exterior plumbing.
5. Roof.
6. Garage or carport.
7. Lighting.
8. Refuse bins.
9. Yard maintenance.
10. Laundry room.
11. Swimming pool.
12. check for fire code violations.
The City of Pasadena
City Resources Against Slum Housing
ADDRESS:
OWNERIMGMT. CO.:
MAILING ADD:
C.R A.S H. NOTICE,OF: VIOLATION,:
1 BUILDING AND CODE ENFORCEMENT
Permits and inspections
1. P.M.C. 14.12.320 Permit; separate for each building.
Space and Occupancy Standards
2. P.M.C. 14.12.390 Natural light and ventilation.
3. P.M.C. 14.12.400 Origin of light and ventilation.
4. P.M.C. 14.12.450 Mechanical ventilation.
5. P.M.C. 14.12.480 Kitchen.
6. P.M.0 14.12.490 Plumbing !Unmet
7. P.M.C. 14.12.500 Water closet compartments.
8. P.M.C. 14.12.510 Room separation.
9. P.M.C. 14.12520 Facilities instilled and maintained.
Structural Requirements
10. P.M.C. 14.12330 Construction and protection.
Mechanical Requirements
11. P.M.C. 14.12.540 Heating facilities
12. P.M.C. 14.12.550 Electrical equipment.
Ventilation and equipment
Exits or outside access.
13. P.M.C. 14.12.560
14. P.M.C. 14.12370
The protection
15. P.M.C. 14.12.580
Building code standard.
II HEALTH BUILDING AND CODE ENTORCEPAID r
Substandard Buildings
16. P.M.C. 14.12.590 Buildings declared to be substandard.
PMC. 14.12.600 Unsanitary conditions
17. P.M.C. 14.12.600A Improper water closets. lavatory. tubs &
showers in a dwelling.
18. P.M.C. 14.12.600E improper water closets. lavatory. subs &
showers in a hotel.
19. P.M.C. 14.12.600C Improper kitchen sink.
20. P.M.C. 14.12.600D Lack of hot and cold running water in a
hotel.
21. P.M.C. 14.12.600E Lack of hot and cold running water in a
dwelling.
22. P.M.C. 14.12.600F Inadequate heating facilities.
23. P.M.C. 14.12.6006 Lack of required ventilation equipment
24. P.M.C. 14.12.60011 Lack of natural light and ventilation.
25. P.M.C. 14.12.6001 Room and space dimensions not to code.
26. P.M.C. 14.12.6003 Lack of required electrical lighting.
27. P.M.C. 14.12.600K Dampness of habitable rooms.
28. P.M.C. 14.12.600L Insect, vermin or rodent infestation.
29. P.M.C. 14.12.600M General dilapidation or improper
maintenance.
30. P.M.C. 14.12.600N Lack of connection to required sewage
disposal system
31. P.M.C. 14.12.6000 Lack of adequate garbage and refuse
disposal facilities.
P.M.C. 14.12.610 Structural hazards
32. P.M.C. 14.12.610A Deteriorated foundations.
33. P.M.C. 14.12.6108 Defective flooring and supports.
34. P.M.C. 14.12.610C Flooring supports of insufficient size to
carry load.
35. P.M.C. 14.12.610D Deteriorated walls, partitions or vertical
supports
DATE.
36. P.M.C. 14.12.610E Walls. partitions or vertical suppotts insum
cient size.
37. P.M.C. 14.12.610F Deteriorated roof and or ceilings.
38. P.M.C. 14.12.610G Roof and ailing members of insufficient size.
39. P.M.C. 14.12.61091 Deteriorated chimneys.
40. P.M.C. 14.12.6101 Fireplaces or chimneys of insufficient size.
41. P.M.C. 14.12.620 Nuisances.
42. P.M.C. 14.12.630 Hazardous electrical wiring.
43. P.M.C. 14.12.640 Hazardous plumbing.
44. P.M.C. 14.12.650 Hazardous mechanic equipment
P.M.C. 14.12.660 WEATttsa PRmscrmn
45. P.M.C.14.12.660A Deteriorated plaster.
46. P.M.C. 14.12.6608 Deteriorated walls, roof and foundation.
47. P.M.C. 14.12.660C Defective exterior weatherproofing of
exterior wall covering. paint due to weathering.
48. P.M.C. 14.12.660D Broken. rotted. split or buckled exterior wall
coverings or roof coverings.
Fire hazard
Faulty construction materials.
Hazardous or unsanitary premises.
Inadequate maintenance of a building
Inadequate exits.
Fire proteedonrfighting equipment
improper occupancy.
Security of vacant buildings.
49. P.M.C. 14.12.670
50. P.M.C.14.12.680
51. P.M.C. 14.12.690
52. P.M.C. 14.12.700
53. P.M.C. 14.12.710
54. P.M.C. 14.12.720
55. P.M.C. 14.12.730
56. P.M.C. 14.12.740
1 P.M.C. 8.24 BUILDING SANrrATtast
57. P.M.C. 8.24.010 Health Officer authority to inspect
58. P.M.C. 8.24.020 Vacated buildings shall be clean and sanitary.
59. P.M.C. 8.24.040 Vacated buildings shall be kept closed.
60. P.M.C. 8.24.050 Toilet rooms shall be maintained clean and
sanitary.
61. P.M.C. 8.24.060 Plumbing fixtures not being maintained.
62. P.M.C. 8.24.070 Unsanitary or nuisance conditions prohibited.
PROPERTY MAINTENANCE ORDINANCE
63. P.M.C. 14.50.040 Declared unlawful and public nuisance
property
64. P.M.C. 14.50.040-1 Aozumulation of debris visible from a public
street
65. P.M.C. 14.50.040-2 Clothes line visible from a public street.
66. P.M.C. 14.50.040-3 Unscreened trash can visible from a public
street.
67. P.M.C. 14.50.040-4 Refuse containers left on street curb for more
than 24 hours.
68. P.M.C. 14.50.040.5 Discarded furniture visible from a public street
69. P.M.C. 14.50.040-6 Attractive nuisances dangerous to children.
70. P.M.C. 14.50.040.7 Hazardous private driveway or sidewalk.
71. P.M.C. 14.50.040-8 Overgrown vegetation harboring vermin
72. P.M.C. 14.50.040.9 Hazardous. decaying or diseased trees.
73. P.M.C. 14.50.050-10 Vegetation obstructing an intersection or public
access.
74. P.M.C. 14.50.040-11 Gross lack of maintenance visible from a public
street.
75. P.M.C. 14.50.040-12 Graffiti on any building or fence.
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• The City of Pasadena
City Resources Against Slum Housing
ADDRESS:
C.R.A.S.II. NOTICE OF VIOLATION
•
PROPERTY MAINTENANCE ORDINANCE- CONTINUED FROM PAGE 1
76. P.M.C. 14.50.040-13 Abandoned or partially destroyed buildings.
77. P.M.C. 14.50.040-14 Vacant property; fence, wall or vegetation
kept unsightly for 30 days.
78. P.M.C. 14.50.040-15 Substantially deteriorated building affecting
property values.
79. P.M.C. 14.50.040-16 Failure to secure all openings to a vacant
structure.
80. P.M.0 14.50.040-17 Building materials stony or accumulating for
more than 60 days.
81. P.M.C. 14.50.040.18 Accumulation of debris at a doorway of a
commercial building.
82. P.M.0 14.50.040.19 Unused sign structure remaining more than 45
days.
83. P.M.C. 14.50.040-20 Sign structure maintained in a deteriorated
stale.
84. P.M.0 14.50.040-21 Sign stns tures illegally erected or declared as
a public hazard.
85. P.M.0 14.50.040-22 Sign structures which later becomes noncon-
forming signs.
86. P.M.0 14.50.040-23 Parking or storing nonoperational vehicles at
a residence.
87. P.M.C. 14.50.040.24 Parking or storing commercial vehicles at a
residence.
88. P.M.0 14.50.040-25 Repair or dismantling of vehicles at a resi-
dence.
89. P.M.C. 14.50.040-26 Repair or dismantling of vehicles at a resi-
dence.
90. P.M.C. 14.50.040-27 Dangerous. unsanitary or unsightly condition.
91. P.M.C. 14.50.040-28 Recognized condition in law as a public
nuisance.
92. P.M.C. 14.50.040.29 Vehicles; parked or stored.
93. P.M.C. 14.50.040-30 Inoperative vehicles; parked or stored.
94. P.M.C. 14.50.040-31 Parking vehicles on grass, dirt or landscaped
areas of a house.
Responsibility for property maintenance.
Property owners required to maintain
property.
Occupants required to maintain property.
95. P.M.C. 14.50.050
96. P.M.C. 14.50.050A
97. P.M.C. 14.50.050A
I FIRE CODES
98. P.M.C. 14.04.145
99. P.M.C. 14.25.030
100. P.M.C. 14.25.050
101. P.M.C. 14.25.130
102. P.M.C. 14.28.020
103. P.M.C. 14.28.060
104. U.B.C. 1204
105. U.B.C. 3304C
106. U.F.C. 10.505
107. U.F.C. 85.104
108. U.F.C. 85.106
109. U.F.C. 85.107
Smoke detectors.
Fire extinguisher systems.
Certification of fire alarm system.
Fire access roadways.
Adoption of 91 Uniform Fire Code (U.F.C.).
Fire alarm systems.
Emergency escapes (windows).
Illegal locks.
Provide a working fire extinguisher.
Abate electrical hazards.
Eletrical zip cords in place of hard wiring.
Multiple electrical adapters.
DATE:
PAGE 2
The following Notice of Violation list the most important violations concerning life safety issues. You are directed to correct these violations immediately
and contact City Prosecutor. at (818140S-4611 for reinspection dates. completed inspection reports and the City
Prosecutor Administrative Meeting date. Failure to respond or to correct the violations of this notice will result in the filing and prosecution of criminal charges.
OWNER. MANAGER OR RESPONSIBLE PARTY
C.R A S.H. REPRESENTATIVE AND DEPARTMENT
C.R.A.S.H.
CITY OF PASADENA
THE CITY PROSECUTOR'S OFFICE
CITY RESOURCES AGAINST SLUM HOUSING 221 EAST WALNUT STREET
SLUM TASK FORCE PAcADENA, CA 91109
(818) 405-4611
ITEMIZED STATEMENT OF INVESTIGATIVE COSTS
7YPS OR PRIM LBGIILY •l,•
DEPARTMENT: DATE: / / 19
PROPERTY ADDRESS:
PROPERTYOWNER:
MAILING ADDRESS:
MANAGER:
PHONE:( )
DATE DESCRIPTION OF ACTIVITY TIME (Hours)
RATE @ I I Per/Hour: TOTAL HOURS
HOURLY TOTAL (Rate x Total Hours)
Photographic Evidence Processing Costs
DOCUMENT PREPARED BY:
(SIGN)
PRtxr Nom:
Now: (.
Miles @ cents/mile Mileage Costs
TOTAL 1$
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CITY RESOURCES AGAINST
SLUM HOUSING
FTM-ITTNG THE SLuML•CRDS : A CITY RESPONDS
Course Outline
,What is C.R.A.S.E. c
Hcw and Why C.R.A.S.3. :rc_ks.
crams
Law en=crcemen: =_s_ __
=csec:.__c n issues
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CITY RESOURCES AGAINST SLUM HOUSING
CITY OF PASADENA
The City cf Pasadena created the C.?.A.S.H. team in. February 9.93,.;
to provide a coordinated, proactive and streamlined•approach tofthe :
enforcement of code viclatio ns and slum conditions within.the city.:
The team is coordinated by the City Prosecutor's office and made. up ,
of senior inspectors from code enforcement, the health department,.
fire department and the police department. The team meets weekly, -
and tarcets the worst habitability hazard . properties wit pin the
city. :nvestigative and •--'at.:n resources are directed towards
slum locations in order to provide a complete habitability profile
:4ith rehabilitation and a..amen: as t le coals.
The operational plan for =.= - -.:. is to identify a target
property a nd immediately Conduct t property evacuation determine
_f =he location contains ''severe and _-:mediate code violations."
Once this is determined. =he qualifying properties are inspected by
the C a 3L 5.H. team inscectcrs and a Notice of Violation is issues
on site to the owner of :he ^--^^� -zv. An owner meeting is set up
within a week cf :he _- - - with =he cwrier and the team
inspectors. The purpose of :his 7eetinc is to inform the owner of
the violations and tc notify the owner of the :0 day compliance
date.
The property owner is ::en 20 days to bring toe property up to
cede. A, reinspection is conducted by the C.L.A.S.a. team on day 31.
tv is up to :ode, =he location is put on a quarterly
inspection schedule to ass_: :ha= =he violations Co not recur. If
:he
io' at_o ns are hoz a.. a :e c. s _.:.4n & :...^..plaint is filed
against the ^rope:ty owner.
•
C.a.a.a.a. HISSZON ssx........k.
To direct and coordinate a prcactive team made up . of the cora
investigative ccde enforcement departments to target the worst
habitability hazard locations within the city of Pasadena.
e citizens of Pasadena have a __g.= tc live in decent,
`.3ai..3ble dwellings free trtmviciatinns that ; eopardize the
lila. safety and health of =hose citizens.
landlords have. a legal and =oral rmspersib ilitr to provide tte ..
- •'ens of Pasadena a sate. :eat- :_: In decent dwelling in which
▪ =: ve.
Pasadena c. ...:.. . -4111 =___s investigative and 7ation
resources cn -hese slum ccatizns. he =_sx Force will provide a
=piste :amitymllit. .==tile : '.`.=se _rtr.errias and =ccms
7mact_: a e==c tm ===ecl=t= 7anam::_ at_c : and amazement.
• Sa
1. What is C.R.A.S.H.?
.� 1'�i14•�7�r.'
C.R.A.S.H.include inspectors from -
Health, and Neighborhood Services Departments- ,as well as
Lt. Linseimayer and Sgt. Mills of PPD. The. rr...,�.,.�.a►.Oi
C.R.A.S.H. is to provide a focused, streamlined method.of
inspecting* evaluating and cleaning up "problem
properties" in the City. "Problem- are those -
which have numerous problems e.g. fire code violations.
health code violation and frequent police contacts. Once
inspected these properties are "fast—tracked'and given a
30 day period to make the corrections or face prosecution.
A message is sent to landlords that maintaining slums
won't be tolerated.
2. Isn't this a civil natter cr what do I look like a
building inspector?
Violations of building, fire and health codes are
paspisitzuosts under state and local. law. These codes. are
only HINIMUM STANDARDS to protect health and. safety-, in:
other words, meeting these codes is the very least •
property owners have to do to protect the health and
safety of the occupants. You don't have to look- far to.
see the tragic consequences when property owners do not
meet these minimum standards. (See attached articles --
couple axfiated in converted garage in El Monte,_ 3 year
old girl burned to death in fire sparked by illegal.
wiring.)
3. Code enforcement is another tool. to get the bad.. guys--..- • •--
Frequently, problem properties are very familiar
addresses to police officers (1559 N. Fair Oak= —' Capri.
Hotel). These are the trouble spots, gang hangouts,.. high._
narcotic trafficking locations. C.R.A.S.H. tl.a....yl......
proactive enforcement, puts pressure on the., property+:
owners. to be responsible for cleaning up and maint-iritring:;.
their property. Slumlords don't care about- the -safety; o2 =
their tenants or the surrounding community: Theya'ortLy
care that the rent is paid. They also. don't wanttoagoito
jail, pay fines,be on probation or pay a lawyer. tordet[it,•,�...
them—The _ easiest way to avoid all_ of this _is_toccl eam
the property and get -rid of tenants who ares
to the: attention of. police-- The.-
bad..guys-are•forced to move and the �.+..�.s�,. iaa
by-C.R.A.S.B.. toinsure the problem: does.n.
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PASADENA C.R.A.S.H. &W..+ PROGRAM
City Resources Against Slum Housing
:n addition to evaluating and investigating target properties,
C.R.A.S.H. has the following support programs:
7mercencv Actl nn Plan: :den ---74s C.R.A.S.H. members as the core
investigative team in the event =__n emergency involving code
enforcement. The plan is coordinated with Police and Fire codes
and is used to identify a command ::nit and get a situation under
control. Once this is in place. a resource list is used to
contact the affected cit:: departments and outside agencies.
Vacant Buildira List: A list developed by C.R.A.S.H. of vacant
buildings was given t.: the = o::=a :epar hent, read at roll call,
and entered into the dispatc : mcmputer to notify patrol officers
of the status of eacn _ocat_:n. =his list is updated weekly.
=o1_:e Dismatch "ot_:ita___... _....:,.:..H. formulated a plan by
which target properties an -vacant buildings within city limits
are flaggea in the police di=pato:: computer. This provides vital
information about a slum location to each patrol unit.
Police Training: C.R.A.S.H. Mas made code enforcement training
of Police patrol officers a top priority. To fit within the
ideals of community ;clicing, Z....A.S.H. believes in focusing
efforts on cross -training street officers to recognize and act on
potential cede enforcement vioiatitns. Patrol officers have been
given a checklist to ^eip then r^oitkly identify a potential
prcolen location. note the passible violations and then refer the
property to C.R.A.S.H. forfollow-up.
^_t-mumuv ueet_nas and Awareness: contact has been made with
field representatives of eacn ocuncil district. as well as within
:e community t :rouan presentations at .:.any neighborhood groups
meetings.
^uarterl Pe'orts: To keep ether City departments apprised of
C.R.A.S.H. efforts. a quarterly report on the status of each
target property will be taae.
Public :nfor-....ation: clic outrsac n efforts include flyers for
distribution at community center and libraries. and an
informational kit for he news redia and other interested
communities.
OPPXC! Cr '"Q'E CTS PROSECUTOR
CODE ENFORCEMENT 7TLINO GUIDELINES
«e _cil;.nin a tuidenes atply tc ll made . nf.^.rcanent cases
....... - -
-e'�... .tar. 3 ti" -
�::...»_..t31ane--r tards o_.._.,e.
=acn :eleven= document or avidantiary __am :lust :e attached to the
rept:.. :ac et zr » ne :.se will nct :e accented :or = i1 no
__ns.deratitn.
:_ he _fct_ ;cn ::.-_n °. illi.7 decisicn .s based must :e
repar=es _n wri__mn _. canen-c. = :ral representations =St :e
rm -=d 7:- s _nc _ = •-•^'ementai report.
:eacr_..ac :... .-'rata ._,_. _.. nn- lade £:fo;cenent :nsnectcr•w
t v• denta _a :,. ast_m=y, it_ngS. material
-- _ :=7,:::-- __ ,n -re :i. c c-"m*'ed to =rave
_..,_ = na ___pert• :wnar ;:nm---,- _ _minai •.:ciatian. :he
.._ _ ter . a -vil'anc=. .._ a .....:=_: _ ria _..at we will _e able
dat,il=C==SQ""" ---:CeSSar, :cc::.renmati_n is contained _..
_n meat__' _7_ease _star nt the manual for precise
rMc••.re�e::=_ -e'' - _ : =-_ hese :uideiines are
_.._nose ca .sac _s =.. =_ __ ..bat _s _e�,»�rea oe?c_e tie
w -a wcrn ^4__ za _-_ w__.
_r must _ . __..'_____ "r 'na _ =_C58C_,.._ teicre
'$D^r_ ..:5 _ _"'t _t a ncu.d ....ansist .^.f a summary
- nS n.. __• n..a _'_4cc'..:rs ccser':at:_n s that are
nn- __ _-c_ _- _-• ... '::is rend should
_..c_...de _..m rmscan ___a nna _ : est• -or_ ..n was _nitrated. an
1-------e :ata ac^c..= __.. _ _ a ect_tn r....C.:.cted and all
: =:Levant the :arse
r2C-4eSt0Q.
witcees list. :his liar. annul:: : rtain the names. addresses
=::c ...ne ..-...t era __ ail .._tessar: _n= c rranoratife witnesses to
ane '=cia:__:z. -.`.is -i3t a:.cu_.. .Lisa _,.blain a brier summary of
_.tat eac n witness will nastity ._.
c*.otccratbs. Zr.e set __ . trigraans snouid be submitted for
=acn =ase. The :aaa agenc•, sncuid to _esnonsible for clear,
acc rate pn ctcs that depict 4ac n speca__., violaricn alleged. There
tdst :e _nc:.::eed a __r..tai .:Lew c: = ne prcnertt and a clear view of
.::e aadrCss. =acn _ nem aa:. snculd te clearly :tarred wilt a
Filing guidelines
' Code enforcement
Page 2
description of what is depicted. tae care taken and by whom. The
not:s snouid. ideally, :e taken systematically t.'zraugxe
Location =; as to ;reser._ a :.ear presentation of =e code
▪ _;iations. :he photccrap ns s:.cuid :e n;:r.,cered and presented with
• supplemental. sneet expiain_:.c exact_•: wnat is depicted.
_ _tsequent inspections are ::.._u_taa an= t:.ere _^.as been a c lanae _..
=n3 condition of =ne property. -7. awentai ;nctbs mould to taken
• suomit=ca .:itn necessary :::_-er.- ---n.
• •wnersh:; :nfornati _... : a :: _ - - so 1. :, f dcc::mentatZ ::.
_=gal ownersn._= ._ "a • :_:ert, arerequired. :'`.Zs
-n-..hes -------oto -::=c= ---- :no :ecret_r: .: State =ne
.=s
=ter _ •
'ele•:a::_ •-----torden=a. :: 2sconmencs cet::een = ne
: :ler --.e= =- :cent:
Stet! :ever: and/or `'o:_=s c, _:at_on. cc..•• -= =ne star;
: c-_ ar.c: c- .i. nct::es _ _ _ _ - • - . z_ z_
=s::ea :e _-..,.erz-: owner
---- :e .n::_=Rap.
- 1.1o. - :-s - pec= _ Log _=eparea =me
:mm -..:esc:cat..: -.s= :a --;ea.
. _:se 7:sco-:er•s ==at__n. -- :mate-.. necessary in crier
:na costs s:.cU-- :a -----cap rept ==e ----'a 7aeerwern.
=:-= sacs_ :_ co.. mentees _n =_ -__ =learly _dent,_= -es the work
_ awe _te ama __..____... .t-_= atent. Burden rate Inc
:a�ZrcWar.: =_:t... 'ere= -= :n3 _n=;ect:- _anetock : derailed
_-_t_ --- -n_ . c=-. -_ :ma - ---- - _ _-: _ nc = .ecrotermy owner _:
ne cost rec.:-:A70.• croc-a^ _..:..-- =-z: :a ::c/..Idea.
`!iscel, , sus doc-.:: --------y— y =..ner necessary information
= eievant to _..e spec::_.. :. •estreat_=n snouid to included. Any
mrawincs. •: icecta:es. :_sen ess records tr 3QIIZAZSLraLZ-!e
:..r -at:: i :Mat will assist _.. __asecution. A _cpy of an
adt:n:st=ate .:aunt. __ lop:_cap:e. and any locumentat:on from
=z admit:_=t-___:e :ear_::; _mtumac also pe _:.;luded.
-- • ^+ • . _ =neciclEst. A :1:ty .:e filing c neckl_sc should he
:ttacneato ever/ :.ase sup:::_sn. =eon _tem included :n the packet
s.:ould to c;:ecned off -ac--•--: o _nclusjca.
_:/92
n., N .-- �. .,.. ,mQ` '%' �+ `• �t..z. :?moi
•"1••••..�
./�
_. ..,.••C* •
. •
?T_:::?G CEECELIST
:+ 1=: =5:
DATE:
^.Q GE :
_rr_rr �rrii�..r
.:oz__r.
-zsz r_rr:er rrrr l..: - r..rrn• aT
The City of Pasadena
City Resources Against Slum Housing
ADDRESS:
OWNER/MGMT. CO.:
MAILING ADD:
C. R.A.S.II. A O"TCI: 01: V 1 t )1.. kT I O \
1 BUILDING AND CODE ENFORCEMENT
Permits and Inspections
1. P.M.C. 14.12.320 Permit: separate for each building.
Space and Occupancy Standards
2. P.M.C. 14.12.390 Natural light and venulation.
3. P.M.C. 14.12.400 Origin of light and ventilation.
4. P.M.C. 14.12.450 Mechanical ventilation.
5. P.M.C. 14.12.480 Kitchen.
6. P.11.C. 14.12.490 Plumbing fixtures.
7. P.M.C. 14.12.500 Water closet compartments.
8. P.M.C. 14.12.510 Room separation.
9. P.M.C. 14.12.520 Facilities installed and maintained
Structural Requirements
10. P.M.C. 14.12.530 Construction and protection.
Mechanical Requirements
11. P.M.C. 14.12.540 Heating facilities.
12. P.M.C. 14.12.550 Electrical equipment.
13. P.M.C. 14.12.560 Ventilation and equipment.
14. P.M.C. 14.12.570 Exits or outside access.
Fire Protection
15. P.M.C. 14.12.580 Building code standard.
I HEALTH. BUILDING AND CODE ENFORCEMENT
Substandard Buildings
16. P.M.C. 14.12.590 Buildings declared to be substandard.
P.11.C. 14.12.600 Unsanitary conditions
17. P.M.C. 14.12.600A Improper water closets. lavatory. tubs &
showers in a dwelling.
18. P.M.C. 14.12.600B Improper water closets. lavatory. nibs &
showers in a hotel.
19. P M.C. 14.12.6000 Improper kitchen sink.
20. P.M.C. 14.12.600D Lack of hot and cold running water in a
hotel.
_2 1. P M.C. 14.12.600E Lack of hot and cold running water in a
dwelling.
22. P M.C. 14.12.6(X)F Inadequate heating faciiiues.
23. P M.C. 14.12.600G Lack of required ventilation equipment.
24. P 'I.C. 14.12.600H Lack of natural light and ventilation.
25. P.M.C. 14.12.6001 Room and space dimensions not to code.
26. P.M.C. 14.12.600) Lack of required electrical lighting.
27. P M.C. 14.12.600K Dampness of habitable rooms.
28. P.M.C. 14.12.600L Insect. %ermrn or rodent infestation.
29. P.M.C. 14.12.600M General dilapidation or Improper
maintenance.
30. P.M.C. 14.12.600N Lack of connection to required sewage
disposal system..
14 12.6000 Lack of adequate garoage and retuse
disposal facilities.
12.610 Structural hazards
11.12.610A Detenoratcd foundations.
14.12.610B Detective flooring and supports.
14.12.610C Floonng supports of insufficient size to
carry Toad.
14.12.610D Detenorated walls. partitions or vertical
supports.
31. P.M.C.
P.M.C. 14.
32. P.11.C.
33. P.M.C.
34. P.M.C.
35. P M.C.
36. P.M.C. 14.12.610E
37. P.M.C. 14.12.610F
38. P.M.C. 14.12.610G
39. P.M.C. 14.12.610H
40. P.M.C. 14.12.610I
41. P.M.C. 14.12.620
42. P.M.C. 14.12.630
43. P.M.C. 14.12.640
44. P.M.C. 14.12.650
DATE -
Walls. partitions or vertical supports iituuM
tient size.
Deteriorated roof and or ceilings.
Roof and ceiling member of insufficient size.
Deteriorated chiameys.
Fireplaces or chimneys of insufficient size.
Nuisances.
Hr•.7 videos electrical wiring.
Hazardous plumbing.
Hazardous mechanical equipment.
I P.M.C.14.12.660 Waramen Norm -non
45. P.M.C. 14.12.660A Deteriorated plaster.
46. P.M.C. 14.12.660E Deteriorated walls, roof and foundation.
47. P.M.C. 14.12.660C Defective exterior weatherproofing of
exterior wall covering. paint due to weathering.
48. P.M.C. 14.12.660D Broken. rotted. split or buckled exterior wall
coverings or roof coverings.
49. P.M.C. 14.12.670 Fire hazard.
50. P.M.C. 14.12.680 Faulty construction materials.
51. P.M.C. 14.12.690 Hazardous or unsanitary premises.
52. P.M.C. 14.12.700 Inadequate maintenance of a building.
53. P.M.C. 14.12.710 Inadequate exits.
54. P.M.C. 14.12.720 Fire protection/fighting equipment.
55. P.M.C. 14.12.730 Improper occupancy.
56. P.M.C. 14.12.740 Security of vacant buildings.
1 P.M.C. 8.24 BUILDING SANITATION
57. P.M.C. 8.24.010
58. P.M.C. 8.24.020
59. P.M.C. 8.24.040
60. P.M.C. 8.24.050
61. P.M.C. 8.24.060
62. P M.C. 8.24.070
Health Officer authority to inspect.
Vacated buildings shall be clean and sanitary.
Vacated buildings shall be kept closed.
Toilet rooms shall be maintained clean and
sanitary.
Plumbing fixtures not being maintained.
L`nsanttary or nuisance conditions prohibited.
1 PROPERTY MAINTENANCE ORDINANCE
63. P.M.C. 14.50.040 Declared unlawful and public nuisance
property.
64. P.M.0 14.50.040-1 Accumulation of debris visible from a public
street.
65. P.M.C. 14.50.040-2 Clothes line visible from a public street.
66. P.M.C. 14.50.040.3 Unscrcened trash can visible from a public
street.
67. P.M.C. 14.50.040-4 Refuse containers left on street curb (or more
than 24 hours.
68. P.M.C. 14.50.040-5 Discardcd furniture visible from a public street.
69. P.M.C. 14.50.040-6 Attractive nuisances dangerous to children.
70. P.M.C. 14.50.040-7 Hazardous private driveway or sidewalk.
71. P.M.C. 14.50.040-8 Overgrown vegetation harboring vermin.
72. P.M.C. 14.50.040-9 Hazardous. decaying or diseased trees.
73. P.M.C. 14.50.040-10 Vegetation obstrucung an intersection or public
access.
74. P.M.C. 14.50.040-11 Gross lack of maintenance visible from a public
street.
75. P.M.C. 14.50.040-12 Graffiti on any building or fence.
Closed motel had seamy history
By Kanto Mons
son amu,
PASADENA — Some momenta a a
•.onitra sass nelanbornccd near the
Rose Oral sand 111esoa7 ober were «•
*even este otliculs had closes a near.
:1v motet Ma* ponce sant pas song peen
:he stent Ot atop manna 310 prostate
fon.
It's probable a goat idea that tree
:ossa 21 top. 3t watt tend they can
::sure out a way to cursau some of the
negative coon 1r3d1c." sass Willie Gib -
Ion Jr.. a swam res*oeat 01 Howard
1treet.
P33404114 fire Department rnwec.
:urs 5324 they chorea the 01011* Mon•
aav atter discovering alIetee coos Wo-
.loons roma to fire sproisiers ant*
:waters in me J.•unu combed at How-
ard Street ane Lorain Avenue.
Forty-nine People. 'flawing .1 cnd•
:ten oetween ae13 1 ants 16. were evec-
..atl0 iron ane slruCture :Ina mOVea
Into temporary 'manors emitted Or
the city at Robinson P314. udietars
3410.
Car Prosecutor trace Webb said
w3e3aar tier office is reviewing cozens
of alleged houstne. reatth apo Etre
era mations 31 the motel 50 01*11'
hone *nether •'e •+lutea s •.alter.
Chit Lhen 1'sat. Id. wen be ofosecut-
!o In mimeo= own tab ausOeeted
tm dhotis.
?ohms salt T:at 1S not sUSoeClea of
:eine Invoeved In OrUtt aiming or pros-
tration activities at ire motet.
Sas is to Taiwan and 113* not wen
vassal, tor comment. efts son. James
. Sae. Yeas not at ane motel :::esmv
310 ar.ana 115 at the mad were 131•
.:ole to *Ranee an interview wren nem.
Jit Nlonoay...:mCS fiat saw repairs
:n ore structure will Ce mane In an
sne111a to reopen for Punnets. James
7.31 sato r.e was un3Aare 01 any oroo-
.:ms wtin :tie Cu11are s ::re *orin•
Capri
�:rtu+uea own .see i
:he mote*. *;.i0 said " • c:a t
:0fltr91 mat e'R 'r the
Abulia ever -wrung. : 31..
.•
ve re t -me *3 C3 : C tit n:'x
:tie w. can reopen.
• `iousine 1.:::::.' ^:l:s
:::eller sale .. _-:1:*s
:sen :centuiea r_one :n. ono•
711 S•. resments.
'.`.Oso oeoole 2%2
oiacea :0
::eretarent ..:-es
me CaV,.111 Le11C3R :ea
:Jas ala :lr .:' uslne
CJuncu CI t:.e 3313 *::011!1 ..L•
tV. ::ueuer 5114.
~e tamwes win :e auoweo to
^3v at :01 :Robinson rare r•Tel•
-*slum onto tCaay. s tit sa*a.
wlu tr• r0 ?351st :nem :.
:thine temoorsry •^.eller ^-'�?
•els. G::t :t s a MMUS tree • _ ....
-01e4 oec3uSe Ol
=031 ll'_ -sae l..0 .•:se `o Jwl
:011331 rape. ane sant.
homes are net :c•..3 :_
•amuics OV 1033V. :rev .14/, :e
::aCea Into temporary if:elters at
He said Be bomb bestirs 2n Memo of
the tonna wee. tattltV and bad supplied
scene of the tenMtf 141[1* 000r bedlam.
Pasadena pollee LI. Wayne Hilts and
the Capn Motel has been moneys for
tUthpl ataarnT to regent Tema.
t dent have env snttsnd. Bet over
:he years we have mane ..
nelmoera of arrests Interef for a van.
err Of Menses. lneludtnt ptestitntf011.
tut cher wire prsmarsly nareinki-es-
:atea." Hiltz saso.
-tanalper Jam Guo sand 'Mesaav he
could not control illegal sorrily by
mote 40eem ono paid montniv reran
ranasng netween 5350 ens 3300 a
mown for one•toom unit!.
:VW 4311 t tela someone what to bo. -
Guo said. "A customer tomes nere apo
days 0102511 for a room."
Asked about palet repots of on eo-
.ng 4104 activity aria prostitution at
:ret •, -tic =-:.tire :ravtaea
.: 1._:neran a:ctrl aervtces. li
•ern:anent routes are not to0l0
eon. c::Y 3ra *ten t. ass 0tt"stsais
:e :OOKln2 201 otter oneness
:mot Y3s3aena..41euer sato.
4.e Lcrco. wri0 MVO a*recuv
:::SI the street trths me Cann
Stet aetore t^.QY1ne tam rear to
:).limo 3. 3.00013. sato rte 1710•
. . OUlt nave :een c:osea a
'2 t:.:.e 31o.
it Hoot It ocean t reopen.
ala nen. .:fl0 situ has
.:1ttc-emoers :tying us the
2:encorrooa.
:her restaents to tae area
.:t tnev 33W a cormorant Dolle!
7e5enee 12 tr..1 Main out x0014
-St -3115 r"'baps c:4 T.ot
:titer *rem.
tie .3nm2ll. .••• no cleanse* to
:cent:nee to :ear ot :mob -
:n. .::3. ane .:.01et s *manager
":l to .:eeo tt ::ear ant tree co
.ter
;e r•'T.lmoered a ^e last
-2sr •ten-:meone ,nrav-
•amteo ' roes ter saie cit tlse
'01113 norm tau. :.:anaeecnent
• 3*CK5v 03iht10 over t::1 mci-
iee. site 3314.
5e. CAPRI, tap
STAR—NEWS
3EC 3 0 VA:
•
The Drug Abatement Office is responsible for investigating
complaints of drug trafficking at residential and commercial
properties within the City of Stockton. Upon receipt of a
complaint, the Abatement Officer initially investigates the
validity of it and determines which category the complaint falls
under:
CODE ENFORCEMENT - Inspection of the property for SMC
violations. The "Notice of Violation"
is handled by a Community Development
Department Code Enforcement Officer.
INFORMAL ABATEMENT - Abatement of the problem property is
resolved through telephone calls or
personal contact with the property
manager or owner.
FORMAL ABATEMENT - Abatement of the problem property is
accomplished by gathering statistical
information regarding the nuisance
activity/drug activity. A "Ten Day
Warning Letter" is then sent to the
property owner advising them of the
problem and asking for their
assistance in resolving the matter.
If the property owner refuses to
cooperate, a complete abatement
package is compiled and the matter is
refered to the City Attorney's Office.
In 1993, the Drug Abatement Office worked on over 230 properties
within the City of Stockton. It should be noted that the
majority of these problem properties were resolved at the
informal level.
&habit Drug
March 21, 1994
Charles II & L. Dickey
15109 Hesperian Blvd.
San Leandro, California 95207
pROPERTY LOCATED AT 4416 CALAWDRIA 02
This letter is to inform you of a possible drug problem at
4416 Calandria 02., Stockton, California.
My staff in the Special Investigations Section informs me they
have received complaints regarding narcotics activity at the
above property.
Health and Safety Code Section 11570 states a building or
place used for the purpose of unlawfully selling, serving,
storing, keeping, manufacturing, or giving away any controlled
substance, and every building or place wherein or upon any of
these acts take place, is a nuisance which sha?.1 be enjoined,
abated and prevented.
Health and Safety Code Sections 11571, 11571.5, and 11573
provides for the issuance of an injunction to abate and
prevent the continuance of the nuisance. Pursuant to Health
and Safety Code Section 11581, upon court order, the building
or place may be closed for a period of one year. In addition,
the fixtures and furniture may be sold, and a civil penalty
assessed.
I am requesting your assistance in correcting this problem.
Please contact Officer Jim Tribble, Special Investigations
Section, Stockton Police Department, 937-7220, within ten (10)
days for additional information. In the event we do not hear
from you within ten (10) days, we shall assume that you do not
wish to assist us in this matter and we shall proceed
accordingly.
EDWARD J. CHAVEZ
CHIEF OF POLICE
EJC:jt
t
Drat.
February 4, 1994
Norm Bielbey
7914 Lan Ark 13
Stockton, CA 95210
pROPERTY LOCATED AT 325 FLORENCE ST.
This letter is to inform you of a drug problem at your
property located at 325 Florence St., Stockton, California.
My staff in the Special Investigations Section informs me that
on 12-15-93 a search warrant was served at your property and
your tenant was arrested for sales of narcotics.
Health and Safety Code Section 11570 states a building or
place used for the purpose of unlawfully selling, serving,
storing, keeping, manufacturing, or giving away any controlled
substance, and every building or place wherein or upon any of
these acts take place, is a nuisance which shall be enjoined,
abated and prevented.
Health and Safety Code Sections 11571, 11571.5, and 11573
provides for the issuance of an injunction to abate and
prevent the continuance of the nuisance. Pursuant to Health
and Safety Code Section 11581, upon court order, the building
or place may be closed for a period of one year. In addition,
the fixtures and furniture may be sold, and a civil penalty
assessed.
I am requesting your assistance in correcting this problem.
Please contact Officer Jim Tribble, Special Investigations
Section, Stockton Police Department, 937-7220, within ten (10)
days for additional information. In the event we do not hear
from you within ten (10) days, we shall assume that you do not
wish to assist us in this matter and we shall proceed
accordingly.
EDWARD J. CHAVEZ
CHIEF OF POLICE
EJC: jt
October 8, 1993
Charles L. King
630 Jean
Modesto, California 95351
r,rur4A* A LOCATED AT 25 W. SEVgNTEI ST., Jaar^ra►i u'aV . C .
This letter is to inform you of a gang problem at your
property located at 25 W. Seventh St., Stockton, Ca.
On 10-03-93, officers from the Stockton Police Department
responded to 25 W. Seventh St. on a report of three persons
shot. Officers arrived and found two persons had been killed
and one seriously injured by gunshots.
Officers from the Stockton Police Department Gang Suppression
Unit have advised me that your property has become a location
that is being frequented by gang members and that this
homicide is a direct result of gang activity.
Penal Code Section 186.22a states every building or place used
by members of a criminal street gang for the purpose of the
commission of a public offense punishable as a felony or a
misdemeanor, and every building or place wherein or upon which
that criminal conduct by gang members takes place, is a
nuisance which shall be enjoined, abated, and prevented, and
for which damages may be recovered, whether it is a public or
private nuisance.
I am requesting your assistance in correcting this problem.
Please contact Officer Paul Flynn, Special Investigations
Section, Stockton Police Department, 944-8422, within ten (10)
days for additional information. In the event we do not hear
from you within ten (10) days, we shall assume that you do not
wish to assist us in this matter and we shall proceed
accordingly.
EDWARD J. CHAVEZ
CHIEF OF POLICE
EJC:pf
r
Pro seivikt+to A
November 23, 1993
Naranbhai Patel
1925 N. Wilson Way
Stockton, California 95205
PROPERTY LOCATED AT 1925 WILSON WjkY.. S'LOCKTON. CA.
This letter is to inform you of a prostitution problem at your
property located at 1925 N. Wilson Way., Stockton, Ca.
My staff in the Special Investigations Section informs me that
on 11-16-93 officers from the Stockton Police Department
arrested your manager, Buster Adams, for maintaining a house
of prostitution.
Penal Code Section 11225 states a building or place used for
the purpose of lewdness, assignation, or prostitution, and
every building or place in or upon which acts of lewdness,
assignation or prostitution, are held or occur, is a nuisance
which shall be enjoined, abated, and prevented, and for which
damages may be recovered, whether it is a public or private
nuisance.
Health and Safety Code Section 11570 states a building or
place used for the purpose of unlawfully selling, serving,
storing, keeping, manufacturing, or giving away any controlled
substance, and every building or place wherein or upon any of
these acts take place, is a nuisance which shall be enjoined,
abated and prevented.
Penal Code Section 11227 and Health and Safety Code Section
11571, 11571.5, and 11573 provides for the issuance of an
injunction to abate and prevent the continuance of the
nuisance. Pursuant to Health and Safety Code Section 11581,
and Penal Code Section 11230, upon court order, the building
or place may be closed for a period of one year. In addition,
the fixtures and furniture may be sold, and a civil penalty
assessed.
Naranbhai Patel
November 23, 1993
Page 2
I am requesting your assistance in correcting this problem.
Please contact Officer Paul Flynn, Special Investigations
Section, Stockton Police Department, 944-8422, within ten (10)
days for additional information. In the event we do not hear
from you within ten (10) days, we shall assume that you do not
wish to assist us in this matter and we shall proceed
accordingly.
EDWARD J. CHAVEZ
CHIEF OF POLICE
EJC: pf
Nati sate
December 23, 1993
Luteria Smith
236 Hull Ave.
Madera, California 93637
pR„e r as.. 2 LOCATED AT 1534 SPRING ST.. sa..,640.uai . C$.,
This letter is to inform you of a problem at your property
located at 1534 Spring St., Stockton, Ca.
On 11-18-93, officers from the Stockton Police Department
responded to 1534 Spring St. after receiving a report of a
large party at this location.
The officers who investigated the incident said there were
about 200 to 250 people attending the party. Many of these
people were standing in the street and in front of the
residence. Officers at the location were met with resistance
by those persons attending the party. Many of these persons
shouted obscenities at the officers and refused to disperse.
Additional officers and a field supervisor were called to the
location in order to disperse the crowd. Officers eventually
contacted Cynthia Williams who stated she was responsible for
the party. Initially, Cynthia Williams was uncooperative with
the officers and she refused to end the party. When she did
cooperate, the persons attending the party failed to comply
with her request to disperse. As the crowd left, several
gunshots were fired into the air by persons leaving the party.
I am requesting your assistance in correcting this problem.
Please contact Officer Paul Flynn, Special Investigations
Section, Stockton Police Department, 944-8422, within ten (10)
days for additional information. In the event we do not hear
from you within ten (10) days, we shall assume that you do not
wish to assist us in this matter and we shall proceed
accordingly.
EDWARD J. CHAVEZ
CHIEF OF POLICE
EJC:pf
(/t.,'47% / v v'
1=
§ 186.22 PENAL
,t;
• i.
(1) As used in this chapter. "criminal street pag' means any
ongoing orpnization. association. or group of thele 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 paragraphs (1) to (7). inclusive. of subdimi-
sion (e). which has a common name or common identifying sign
or symbol. whose members individually or collectively engage in
or have enpged in a pattern of criminal png activity.
fir) This section shall become operative on January 1. 1993.
Sh) This section shall remain in effect only until January 1,
1997. and on that date is revealed. unless a later enacted statute
which is enacted before January 1. 1997. deletes or extends that
date. (Added byStets1989 c 930. ¢ 3.1, operotiaeJea.1.199A
Amended by Sorts 1991. a 201(A0.11331.1 1. operative Jen. J.
1993: Stats1991, c 661 U.1118661. ¢ 2 operarinrlaa. 1.1993.1
Section 18422 is repealed Jan; 1. 1997. according to
Its own term.
Section 12.5 of Stan19$9. c. 930. provided that this swim shall
become operative July 1, 1993•., „ ... .
Effect of amendment auction by two or more aces st the same wriest
of the kgalature: We Government Code 4 9605. .
Former } 186.22 was repealed by Stats1991. c. 661 (A 1166). !i 1.
operative lam. 1. 1991.
Cress itcMees -•
Firearm possessica during street gang crimes. sentatce abjecanemi. see
12021.5.
§ 18622♦ Bui diap or places used by abided street papas
aaiusaem confiscation of firearms or deadly or dangerous
weapon owned or poisoned by pang members
(a) Every building or place used by members of a criminal
street png for the purpose of the commission of the offenses
listed in subdivision (c) of Section 186.22 or any offense
involving dangerous or deadly weapons. burglary. or rape. and
every building or place wherein or upon which that criminal
condor by gang members takes place. is a nuisance which shall
be enjoined. abated. and prevented. and for which damages may
be recovered. whether it is a public or private nuisance.
(b) Any action for injunction or abatement filed pursuant to
• • • subdivision (a) shall proceed according to the provisions
of Article 3 (commencing with Section 11570) of Chapter 10 of
Division 10 of the Health and Safety Code, except that all of the
following shall apply:
(1) The court shall nassess a civil il penahy against any
prion unless that person knew or should have known of the
unlawful acts.
(2) No order of eviction or closure may be entered.
(3) All injunctions issued shall be limited to those necessary
to protect the health and safety of the residents or the public or
those necessary to prevent further criminal activity.
(4) Suit may not be filed until 30•day notice of the unlawful
nue or criminal conduct has been provided to the owner by email.
return receipt requested. postage prepaid, to the last known
address.
(c) No nonprofit or charitable organization which is conduct-
ing its affairs with ordinary care or skill. and no governmental
entity. shall be abated pursuant to • • • subdivisions (a) and
(d) Nothing in this chapter shall preclude any aggrieved
person. from seeking any other remedy provided by law.
CODE 50
Part 1
(e) (1) Any forearm. ammunition which may be used with the
firearm. or any deadly or danseroot weapon which is owned or
possessed by a member of • criminal street wane for the purpose
of the commission of any of the offenses listed in subdivision (e)
of Section 186.22., or the commission of any burglary or rape♦
may be confiscated by any law enforcement agency or peace
officer.
(2) In those cases where a law enforcement agency believes
that the return of the firearm. ammunition. or deadly wepon
confiscated pursuant to this subdivision. is or will be used in
criminal street gang activity or that the return of the item would
be likely to result in endanperine the safety of ethers. 0= law
enforcement agency shall initiate a petition in the superior court
to determine if the item confiscated should be returned or
declared a nuisance. • '
•
(3) No firearm. amon munition. or deadly weaver sltafl be�sold
or destroyed unless reasonable notice is elven to is lawful owner
if his or her identity and address can be reasonably ascertained.
The law enforcement agency( shall inform the lawful owner, at
that nersoa's last known address by mustered mail. that he or
she has 30 days from the date of receipt of the notice to remand
to the court clerk to confirm his or her desire for a herring and
that the failure to respond shall result' in a default order
forfeiting the confiscated firearm[ ammunition. or deadly weap-
on as a nuisance. •
(4) If the orison roguests a heating. the court clerk shall set a
hearing no later than 30 days from recetot of that request. The
court clerk shall notify the Darn the law enforcement atm
involved, and the district attorney of the date. time. and place of
the Karin,.
(5) At the haring. the burden of proof is upon the law
enforcement aeencv or peace officer to show by a prepoesde ance
of the evidence that the seized nem is or will be used in criminal
street cut, activity or that return of the item would be likely to
result in endangennb the safety of others. All returns of
firearms shall be subsect to subdivision (d) of Section 12072.
(6) if the person does not revues* a hearing within 30 days of
the notice or the lawful owner cannot be ascertained. the law
enforcement agent, may file a petition that the confiscated
firearm. ammunition. or deadly weapon be declared a nussance.
1f the items are declared to be s nuisance. the law enforcement
getter shall disnosc of the items as tuovided in Section 120211.
(Added by Seats 1988, c 1256. f 1. Amended by Star:1994 e.
223 (4.&34131. ¢ 1: Stats 1991. a 260 (S& 809). ¢ 1.1
§ 186.23. Mutual aid activities labor organizations....
This chapter does not apply to employees engaged in concert.
ed activities for their mutual aid and proteaios, or the activities
of labor orpnizations or their members or agents. (Added by
Stasi 1988. a 1242. ¢ 1: Srors 1984 c 1236 ¢ I.)
§ 186.24. Severability - • • .
1f any par or provision of this chapter. or the application
thereof to any person or circumstance. is held invalid. the
remainder of the chapter. including the application of that part
or provision to other persons or circumstances. shall not be
affected thereby and shall continue in full force and effect. To
this end. the provisions of this chapter are severable. (Added by
Stmt♦ 1988. c 1242 # 1: Scott 1988. c. 1234 f 1.1
§ 186.25. Local laws preemption
Nothing in this chapter shall prevent a local governing body
from adopung and enforcing laws consistent with this chapter
relating to gangs and gang violence. Where local laws dupbcate
or supplement this chapter. this chapter shall be construed as
s
4
1
1
Title 8
providing *-
Melded by
1 166.26.
Addition c
and Prevent
operative du
Prevetnion
Addition ,
to become
I 166.27.
• This Ch1
and as of
which is
that date
1254
g 166.26
Ipat.i
(a) ,A.
supply. t
another
01. in
mott:a
and int'
(1) T
that the
in subd
in any
Section
crinin:
(2) '
(3)
of Sect
the fir
purse:
(b)
not ci
the
Stott
Stott
n,.
. i'
i
Cha
1.
2.
3.
5
6
49
Title 7
Sectbn
18627
1f0 25.
STREET TERRORISM § 186.22
Duration of chapter
Firearms; supply. sell or give possession. participation m
crmuial street gangs
Repeal
Chapter 11 is repeakd Jan. L 1997. by she provisions
of ¢ 186.27.
§ 186.20. Citation
This chapter shall be known and may be aced as the
"California Street Terrorism Enforcement and Prevention Act."
(Added by Stan -198a c. 1242. ¢ l; Srots1988 c 1256. ¢ 1.1
§ 186.21. Legislative (hidings and declaration
The Legislature hereby finds and declares that it is the nght of
every person. regardless of race. color. creed. religion. national
engin. sex. age, sexual orientation. or handicap to be secure and
protected from fear. intimidation. and physical harm caused by
the activnies of violent groups and individuals. It is not the
intent of this chapter to interfere with the exercise of the
constitutionally protected rights of freedom of expression and
association. The Legislature hereby recognizes the constitution.
al right of every citizen to harbor and express beliefs on any
lawful subject whatsoever, to lawfully associate with others who
share similar beliefs. to petition lawfully constituted authonty
for a redress of perceived grievances. and to participate in the
electoral process.
The Legislature. however. further finds that the State of
California is in a state of ensis which has been caused by violent
street gangs whose members threaten. terrorize. and commit a
multitude of cnmes against the peaceful citizens of their
neighborhoods. These activities, both Individually and collect
tively. present a clear and present danger to public order and
safety and are not constitutionally protected. The Legislature
finds that there arc nearly 600 criminal street gangs operating in
California. and that the number of gang -related murders is
increasing. The Legislature also Ends that in Los Angeles
County alone there were 32s gang -related murders in 1986. and
that gang homicides in 198T have increased 80 percent over
1986. It is the intent of the Legislature in enacting this chapter
to seek the eradication of enminal activity by street gangs by
focusing upon pattern of cnminal gang activity and upon the
organized nature of street gangs, which together. arc the chief
source of terror created by street gangs. The Legislature further
finds that an effective means of puntshtng and deternng the
cnminal activities of street gangs n through forfeiture of the
profits. proceeds. and instrumentalities acquired. accumulated.
or used by street gangs. (Added by Stats1988. c. 1242. .6 1.
Stott 1988. c 1236. 4 1.)
§ 186.22. Participation in criminal street gang; punishment;
conviction of felony; sentence enhancement; commission
on or near school grounds; public offenses
(a) Any person who actively participates an any cnminal
street gang with knowledge that its members engage in or have
engaged in a pattern of enminal gang activity. and who willfully
promotes. furthers. or assists in an) felonious cnminal conduct
by members of that gang. shall be punished by imprisonment in
the county jail for a penod not to exceed one year. or b)
imprisonment in the gate pnson for one. two. or three years
(b) (11 Except as provided in paragraph (2). any person who
is ecirivicted of a felony which is committed for rhe benefit of. at
the direction of. or in association with any enminal street gang.
with the specific intent to promote. funber, or assist m an)
enminal conduct by gang members. shall. upon conviction of
that felony. m addition and consecutive to the punishment
prescnbed for the felony or attempted felony of which he or she
has been convicted. be punished by an additional term of one.
two. or three years at the court's discretion. However. if the
underlvimt felony n committed on the around% of. or within
1.000 feet of, a pnblie or orvate elementary. vocational. tumor
hteh. or hieh school. dunnit hours in which the facility is opens
for classes or school related nroerarns or when minors are using
the facility. the additional term shall be two. three. or four vein.
at the court's discretion. The court shall order the imposition of
the middle t ren of the sentence enhancement. unless there are
circumstances in aggravation or mitigation. The court shall
state the reasons for its choice of sentence enhancements on the
record at the time of the sentencing.
(2) Any person who violates this subdivision in the commis-
sion a* felony punishable by imprisonment in the state prison
for life. shall not be paroled until a minimum of 15 calendar
years have been served.
(c) Any person who is convicted of a public offense punisha-
ble as a felony or a misdemeanor. which is committed for the
benefit of. at the direction of. ex in association with. any cnmsal
street gang. with the specific intent to promote. further. or assist
in any cnminal conduct by gang members. shall be punished by
impnsonment in the county jail not to exceed one year. or by
Imprisonment in the state prison for one. two. or three years.
provided that any person sentenced to imprisonment in the
county jail shall be Imprisoned for a penod not to exceed one
year. but not less than 180 days. and shall not be eligible for
release upon completion of sentence. parole. or any other basis.
until he or she has served 180 days. 1f the court grants
probation or suspends the execution of sentence imposed upon
the defendant, at shall require as a condition thereof that the
defendant serve 180 days in the county jail.
(dl Notwithstanding any other provision of law. the court
may strike the additional punishment for the enhancements
provided in thts section or refuse to Impose the minimum jail
sentence for misdemeanors in an unusual case where th-
tnterests of justice would best be served. if the court specifies on
the record and enters Into the minutes the circumstances
indicating that the interests of justice would best be sened by
that disposition.
(e) As used in this chapter. -'pattern of enminal gang
activity- means the commission. attempted commission. or
solicitation of two or more of the following offen'es. provided at
least one of those offenses occurred after the effective date of this
chapter and the lase of those offenses occurred within three years
after a prior offense, and the offenses are committed on separate
occasions. or by two or more persons:
111 Assault with a deadly weapon or by means of force likely
to produce great bodily injury. as drained in Section 245.
(2) Robbery. as defined in Chapter 4 (commencing with
Section 211) of Title 8 of Part 1
(31 Unlawful homicide or manslaughter. as defined in Chap-
ter 1 (commencing with Section 187) of Title 8 of Part 1
(4) The sale. possession for sale. transportation. manufacture.
offer for sale, or offer to manufacture controlled substances as
defined in Sections 11054. 11055. 11050. 11057. and 11058 of
the Health and Safety Code.
(51 Shooting at an inhabited dwelling or occupied motor
vehicle. as defined in Section 246.
161 Arson. as defined in Chapter 1 (commencing with Section
4501 of Title 13
(') The mumidation of witnesses and victims. as defined in
Section 136 1
4 under
ad to 1
isms. th•
:at before
.9.17) 143
+upplfea
1
Aieying
.moss it
(nil for
(icer or
Dein.
' parole
, • Penal
i may be
article.
.maws
•R years
cassia
• C.A 3d
lieving
:Ince',
01 unit
•icer or
Dcten-
parole
•taken
rd in a
.0 way
cream
Crime awrssau
Com tad attorney Uta fee prevediag PS ILb tg•actba
seder weer this anus. w Ord bade 1
}111871 1Yal.e.
Every building or place used for the purpose of unlawfully selling. serving, storing. keeping,
manufacturing, or giving away any controlled substance, Precursor/ or analog stxeified in this
division. and every building or place wherein or upon which those acts take plate. is a nutsanee which
shall be enjoined, abated. and prevented, and for which damages may be recovered, whether it is a
public or private nuisance.
(Amended by Stata.1986. c. 59ti. ; 1: Stats.1986. c. 1043. } 1.5.)
llhd•rk•1 Noes
lfK LedsWtaa.
The 1916 •tueadatau isserred "nt•aufsceerias" fdlowias
"teepsa9"; substusled "ay eoaetolled a6nsar& precursor.
or analog- rot "oomroged eneaseca"; sshstaur•d -Mose'
fee numb" preceding nuns": and iaaard "sad foe which
Oswego way bo retoverad".
Amensmaii of Mia section by f 1 of Stits.19s6, e. 1013.
faded 10 become operative under the provisronS aE } 3 of
ttbta Actj
Oren of amendmem of section by two or more Sets al the
same rasion el the kgialeturq see Owtnstuewt Code
} 9107.
} 11671. Aetlon to abate; injunction
Whenever then is reason to believe that such a nuisance is kept, maintained or exists in any
county. the district attorney of the county. in the name of the people. mayf or the city attorney of any
incorporated city, or any citizen of the state resident in the county, in his or her own name. may.
maintain an action to abate and prevent the nuisance and perpetually to enjoin) person conducting
or maintaining it, and the owner. knee. or agent of the building or place, in or upon. which the
nuisance exists. from directly or indirectly maintaining or permitting the nuisance.
(Amended by Stats.1987. c. 1078. + 2.)
Historical NMS
19117 t iedades
The 19117 unsednteat substituted "may. or the city tato&
set of any (soorporauid city" sot "shop"; sod made •
nonsvbstasi'S chases.
} 11671.5. City attorneys or city prosecutors: actions to abate nuisances •
For purposes of this article. an action to abate a nuisance may be taken by the city attorney or city
prosecutor of the city within which the nuisance exists. is kept. or is maintained. An action by a city
attorney or city prosecutor shall be accorded the same precedence u an action maintained by the
district attorney of the county.
(Added by Stats.1985, c. 182, } L)
}
11572. YtrlfcaUon of complaint
' Unless filed by the district attorney, or the city attorney of an incorporated city, the complaint in
the action shall be verified
(Amended by State.1987, c. 1076, } 3.)
HWAaI NON
1967 Legisladoo
TIN 1967 araandetesi nowise "or the city shun ty d sic
Iscurporssed a+y"
} 116734. Prior acts or threats of violence; protection of wit ; closure of premises; tenant
asslatanee
(a) At the time of application for issuance of a temporary writ pursuant to Section 11573. if proof
of the existence of the nuiunee dependt, in whole or part, upon the affidavits of witnesses who ars
not pesos officers. upon a showing of prior threats of violence or acts of violence by any defendant or
other person, the court may issue orders to protect those witnesses, including, but not limited to.
nondisclosure of the name. address, or any other information which may identify those witnesses.
Additions In teal are Indicated by underline; deletloni by asterisks • • •
171
TH AND SAFETY CODE
to read as it now appease
h Authority are authorized to
rrectitntal facilities or training
eatment that may be necessary
.n or habn cation, to controlled
Director of Corrections or the
-:ed "or habituation' following "ad.
-s. insetted "or alcohol'; and made
-s.
olee
)le grounds for believing that a
- of addiction or habituation to,
res used to revoke parole, issue
atment control unit for a period
ny peace officer or employee of
ody ' ' •. Detention pursuant
tion of parole until such time as
e Penal Code. A parolee taken
e may be detained in a • ' •
article.
.et control unit against his will.
;.8.97), § 5, eff. Sept. 15, 1992.)
the fourth sentence deleted "con-
-substance",
con•"substance", and inserted "abuse".
h sentence relating to placement in
a persons's will; and made nonsub•
,roughout
by two or more acts at the same
:store. see Government Code § 9605.
rands for belie•riag that a person
to, or is in imihintent'danger of
,in accordance with procedures
son to a ' ' ' substance abuse
be a sufficient warrant for any
ty to return to physical custody
timed a suspension, cancellation.
rsuant to Section 1767.3 of the
of the Youth Authority may.
tentially addicted or habituated
. control unit established by the
on parole shall be placed in a
as by•sstsrtaks '•'•,•.
HEALTH AND SAFETY CODE
Historical and Statutory Notes
parole": substituted "substance abuse treatment con•
trol unit" for "controlled substance treatment centrist
unit" in two places; added the last paragraph relating
to placement 155 treatment against one's ail and made
grammatical changes.
1992 Legislation
The 1992 amendment inserted "or habituated" or "or
iabttuation" in four places; inserted "or alcohol"; in.
sexed "in accordance with procedures used to revoke
§ 11571
•
§ 11563. Board of prison terms; order for detention of female parolee
When the' • • parole authority concludes that there are reasonable grounds for believing that a
woman on parole is addicted or habituated to, or is in imminent danger of addiction or habituation to,
controlled substances or alcohol, it may, in accordance with procedures used to revoke parole. issue
an order to detain or p cTa eihe person in a ' ' ' substance abuse treaunent control unit for a period
not to exceed 90 days. The order shall be a sufficient warrant for any peace officer or employee of
the Department of Corrections to return the person to physical custody • • •. Detention pursuant
to the order shall not be deemed a suspension. cancellations or revocation of parole until such time as
the ' • • parole authority so orders pursuant to Section 3060 of the Penal Code. A parolee Liken
into physical custody pursuant to Section 3060, 6043, or 6044 of the Penal Code may be detained in a
• • ' substance abuse treatment control unit established pursuant to this article.
No woman on parole shall be placed in a substance abuse treatment control unit against her will.
(Amended by Stats.1992, c. 465 (A.B.1874), § 5; Stat,s.1992, c. 695 (S.B.97), § 6, eff. Sept- 15. 1992.)
Historical and Statutory Notes
1992 Legislation
The 1992 amendment substituted "parole authority"
for "Board of Prison Terms" throughout the section; in
the first sentence inserted "or habituated", inserted "or
habituation", inserted "or alcohol", and inserted "in
accordance with procedures used to revoke parole"; in
the fust and fourth sentences, deleted "controlled"
preceding "substance", and inserted "abuse": add.d
the fifth sentence relating to placement sad treatment
against a person's will: and made nonsubstantive
changes throughout
Section affected by two or more acts at the same
session of the legislature, see Government Code § 9605.
§ 11564. Effect of power to detain upon power to revoke parole
The authority granted to the • ' • parole authority and to the Department of the Youth Authority
in no way limits Sections 3060 and 3325 of the Penal Code.
(Amended by Stats.1992, c. 695 (S.B.97), § 7. eff. Sept. 15. 1992.)
Historical and Statutory Notes
1912 Legislation
The 1992 amendment substituted "parole authority"
for "Board of Prison Terms", and inserted "to the
department of'.
§ 11565. Parole authority
For purposes of this article, "parole authority" has the s.sne meaning as described it. Se. tor. 3000
pi the Pena; Code.
(Added by Stats.1992, c. 695 (S.B.97), § 8, eff. Sept. 15, 1992.)
ARTICLE 3. ABATEMENT
Section
11571. Nuisance; action to abate; injunction; residential property; notice.
11571. Nuisance; action to abate; injunction.
11581. Removal and sale of property; closing of building or place; civil penalty; in lieu damages:
fair market rental value.
§ 1151. Nuisance: action to abate; injunction; residential property: notice
Test of section operative untit
(al Whenever there is reason to believe that •. ' • a
maintained, or exists in any county, or city and county.
Additions or changes Indicated by underline;
:7
Jon. 1, 1996. .
nuisance under Section 11570 is kept.
the district attorney of the county. in the
deletions by asterisks ' '
•
§ 11571 HEALTH"AND' SAFETY' CODE
e .
name of the people, ' ' ' the city attorney of any incorporated or charter city or of any city and
county. or any citizen of the state residing in the cite, county. or city and counter in his or her own
name, may' e • maintain an action to abate and prevent the nuisance and perpetually to enjoin the
person conducting or maintaining it, and the owner, lessee. or agent of the building or place. in or
upon which the nuisance exists. from directly or indirectly maintaining or permitting the nuisance.
(la) (1) In the case of a residential dwelling. residential building. or residential place. prior to
bringing or maintaining an action to abate or prevent a nuisance as prescribed in subdivision (a). the
district attorney or the city attorney shall give nonce to the owner of the building as shown on the
last equalized assessment roll where the nuisance is alleged to exist and shall request that the
nuisance be abated within a reasonable tame of the receipt of the notice. •
(2) The notice shall contain as enclosures documentation to establish that a nuisance exists in or
upon the dwelling. budding, or place.
(3) The notice shall be served on the owner by :.ersonal service or by certified mail.
(4) "Reasonable time" shall mean at (east 30 days. unless a shorter time period is agreed to by the
owner and the agency issuing the notice.
c5) This subdivision shall apply only to an action brought or maintained by a district attorney or
city attorney.
(51 This notice shall not be required prior to hrineing nr maintaining an action to abate or prevent
a nuisance if any one of the following circumstances exist:
(A) There is a danger to the public.
(Bl The notice would impede an investigation.
(C) The district attorney or citv attorney determines there is good cause to forego the notice.
an For purposes of this paragraph. "good cause includes. but is not limited to, when the owner is
unavailable or is evading service of process.
(E) in reviewing whether a notice should have been given under this paragraph. the court shall
presume that the determination made by the issuing agency is valid.
(c) (1) If the notice identifies a particular tenant as responsible for the nuisance activity, the
issuing agency shall also serve a copy of the notice and supoortintr documentation on that tenant.
(2) The notice shall not be required if any of the following circumstances exist:
(A) The district attorney or city attorney determines that there is good cause to forego notice. For
the purposes of this subparagraph, "rood cause" includes. but is not limited to. when the tenant is
unavailable or is evading serrice of process. In reviewing a determination of good cause. the court
shall presume that a determination made by the issuing agency is valid.
(B) The issuing agency provides the tenant with sufficient information to obtain a coot' of the
notice and supporting documentation on that tenant. in lieu of serving a copy of the notice.
(3) The issuing, agency shall provide the identifie-: tenant with the opportunity to demonstrate to
the agency that the notice was issued on insufficient grounds. that the tenant has been mistakenly
identified as the cause of the nuisance activity. or :hat a nuisance does not exist and therefore no
adverse action should be taken.
(d) The failure of a district attorney or city attorney to serve a notice as required by subdivision (b)
or (c) shall not be a cause for the dismissal or del:: of an action filed pursuant to subdivision 10).
However, the failure to give that notice without rood cause may be considered by a court as a
mitigating factor in its assessment of any cavil Derlity under section 11581.
(e) This section shall be repealed on Januar: 1. x996
(Amended by Stats.1991, c. 572 (A 8.894). §§ I. 2. Sats 1991, c. 1196 (A.B.1755), § 7, Stats.1992. c
198 (A.B.2906). § 1, eff. July 14. 1992.)
For Lext :J./sea/on operatite Je^ 1. 1996. sec 11371, post
Historical and Statutory Notes
Section affected by two or more acts at the same
iesston of the legislature. see Government Code i 9605
1991 Legislation
The 1991 amendment onsertei "or of any Ly and
county..
Section 11571 was amended and a.ldeo by Stas 19Y;
c. 572 lA 8.894), §§ 1. 2
1992 Legislation
The 1992 amendment rewrote the section which read
Additions or changes Indicated by underline; deletions by asterisks • •
8
air
."reit;
city erof icy eitii gad oc
rpidest in�t)►a ;oounq,
§ 11571.. Nuisance;
Whenever there is
county, the district st
incorporated city or o
her own name, may,
the person conductint
upon which the nuis:
This section shall 1
(Added by Stats.1992
For
Review of selected 1
Pac.LJ. 554 (1992).
§ 11573.5. Prior act
assists
(a) At the time of
of the existence of th
not peace officers, up
other person, the coL
nondisclosure of the
(b) A temporary y
pending trial when a
writ shall be within ti
exceed one year. Pri
rent payments owing
until the nuisance is
in the escrow accoun•
ruling upon a reque.
consider all of the fo
(1) The extent and
(2) Prior efforts b:
(3) The nature an(
residents or business
(4) Any effect of p
an escrow account
(5) The effect of g
named in the action,
pendancy► of any ac
resident or occupant
(c) In making an c
vacated and may issu
who may be affected
at all hearings regarc
(d) in making an o
provide relocation as
determines that the
assistance ordered to
Addltlons c
:[ AND SAFETY CODE
iter city or of any city and
county, in his or her own
ana perpetually W enjoin the
f the building or place. in or
or permitting the nuisance.
,r residential place. prior to
scribed in subdivision (al. the
the building as shown on the
t and shalt request that the
:e.
that a nuisance exists in or
>v certified mail,
tme period is agreed to by the
.ined by a district attorney or
an action to abate or prevent,
d cause to forego the notice.
t limited to, when the owner is
his paragraph, the court shall
for the nuisance activity, the
documentation on that tenant,
stances exist:
ed cause to forego notice. For
limited to, when the tenant if
satton of good cause. the court
slid.
nation to obtain a copy of the
serving a copy of the notice
opportunity to demonstrate to
..he tenant has been mistakenly
;oes not exist and therefore ne
:e as required by subdivision Sb!
led pursuar.t to subdwtsion (xi
be considered by a court u a
n 11551.
5 (A.B.1755). § 7: Stats.1992. c. 3
1157!. post.
by two or more acts at the same
tature. see Government Code i 9605.
•nest reWTott the secoon which read:
$st by asterisks •. '. '
HEALTH AND SAFETY CODE
"Whenever there is reason to believe that such a
nuisance is kept. maintained or exists in any county. the
district attorney of the county. in the name of the
people. may. or the city attorney of any incorporated
city or of any city and county. or any citizen of the state
resident in the county, in his or her own name, may,
§ 11573.5
maintain an action to abate and prevent the nuisance
and perpetually to enjoin the person eondueti or
maintaining it, acid the owner. lessee. or agent of :he
building or place. m or upon which the nuisance eatsm
from directly or indirectly maintaining or permute:: the
nuisance...
§ 11571. Nuisance, action to abate: injunction
Ten of section operative Jan. 1. 1996.
Whenever there is reason to believe tha. such a nuisance is kept. maintained, or exists in any
county. the district attorney of the county. in the name of the people. may. or the city attorney of any
incorporated city or of any city and county. or any citizen of the state resident in the county, in his or
her own name. may. maintain an action to abate and prevent the nuisance and perpetually to enjoin
the person conducting or maintaining it, and the owner, lessee. or agent of the building or place. in or
upon which the nuisance exists, from directly or indirectly maintaining or permitting the nuisance.
This section shall become operative on January 1, 1996.
(Added by Stats.1992, c. 198 (A.B.2906). § 2, eff. July 14, 1992, operative Jan. 1, 1996.)
For text of section operatic. until Jan. 1. 1996, see sf 115:1, ante.
Law Review Commentaries
Review of selected 1991 California legislation. 23
Pac.1.J. 554 (1992).
§ 11573.5. Prior acts or threats of violence; protection of witnesses: closure of premises: tenant
assistance
(a) At the time of application for issuance of a temporary writ pursuant to Section 11573. if proof
of the existence of the nuisance depends, in whole or part, upon tete iffidavits of witnesses who are
not peace officers, upon a showing of prior threats of violence or acts of violence by any defendant or
other person, the court may issue orders to protect those witnesses, including, but not limited to.
nondisclosure of the name, address. or any other information which may identify those witnesses.
(b) A temporary writ issued pursuant to Section 11573 may include closure of the premises
pending trial when a prior writ does not result in the abatement of the nuisance. The duration of the
writ shall be within the court's discretion. In no event shall the total period of closure pending trial
exceed one year. Prior to ruling on a request for closure the court may order that some or all of the
rent payments owing to the defendant be placed in an escrow account for a period of up to 90 days or
until the nuisance is abated. If the court subsequently orders a closure of the premises. the money
in the escrow account sha)I be used to pay for relocation assistance pursuant to subdivision (d). In
ruling upon a request for closure. whether for a defined or undefined duration, the court shall
consider all of the following factors:
(1) The extent and duration of the nui-ance at the time of the request.
(2) Prior efforts by the defendant to comply with previous court orders to abate the nuisance.
(3).The nature and extent of any effect which the nuisance has upon other persons, such as
residents or businesses.
(4) Any effect of prior orders ' • • placing displaced residents' or occupants' rent payments into
an escrow account • • • upon the defendant's efforts to abate the nuisance.
(5) The effect of granting the request upon any resident or occupant of the premises who is not
named in the action, including the availability of alternative housing or relocation assistance. the
pendancyj of any action to evict a resident or occupant, and any evidence of participation by a
resident or occupant in the nuisance activity.
(c) In making an order of closure pursuant to this section. the court may order the premises
vacated and may issue any other orders necessary to effectuate the closure. However, alt tenants
who may be affected by the order shall be provided reasonable notice and an opportunity to be heard
at all hearings regarding the closure request prior to the issuance of any order.
(d) In making an order of closure pursuant to this section, the court shall order the defendant to
provide relocation assistance to any tenant ordered to vacate the premises, provided the court
determines that the tenant was not actively involved in the nuisance activity. The relocation
assistance ordered to be paid by the defendant shall he in the amount necessary to cover moving
'Additions or changes Indicated by underline; :deletions •by_sst•risks • • •
9 -
2
a
•
§ 11573.5
:HEALTH AND: SAFETY .CODE
costs. security 'deposit* for utilities and comparable housing. adjustment in any lost rent, and any
Other reasonable expenses the court may deem fair and'reasonabhe -as a result of the court's order.
(e) At the hearing to order closure pursuant to this section.'the court may make the following
orders with respect to any displaced tenant not actively involved in the nuisance:
(1) Priority for senior citizens. physically handicapped person. or persons otherwise suffering
from a permanent or temporary disability for claims against .money for relocation assistance.
(2) Order the local agency seeking :insure pursuant to this section to make reasonable attempts to
seek additional sources of funds for relocation assistance to displaced tenants. if deemed necessary.
(3) Appoint a receiver to oversee the disbursement of relocation assistance funds. whose services'
shall be paid from the escrow fund.
(4) Where s defendant hu paid relocation assistance pursuant to subdivision (d). the escrow
account under subdivision (b) may be released to the defendant and no appointment under paragraph
(3) shall be made.
(1) W The remedies set forth pun;ant to this section shall be in addition to any other existing
rem ivies for nuisance abatement actions ' ' ' . including. but not limited to. the following;
(A) Capital improvements to he 7: -.tarty, such ss security gate..
(8) Improved interior or 'steno,. hinting_
(C) Security guards.
(D) Posting of signs.
(E) Owner membership in reighborhood or local merchants' associations.
(F) Attending property management training programs.
(G) Making cosmetic improvements to the property.
(2) At all stages of an action brought pursuant to this article the court has equitable towers to
order steps necessary to remedy the problem and enhance the abatement process.
(Amended by Stats.1991, c. 2(7 (A.13.666), § 1.)
t So in enrolled bill.
Historical and Statutory Notes
1991 Legislation 'The remedies set forth pursuant to this section shall
The 1991 amendment made a nonsubsta_tm change be in addition to any other existing remedies for nui•
and rewrote subd. (1) which had read sane* abatement actions."
HEAVERFAU
iiiatO a gitiolu
or place•or•the re
(8) The fsiiitire
(C)'Ane oreviot
(D) The cost to
(E) Any other f
(e) (1) If the cc
create a nuisance
building or place c
nuisance. or the p.
stored. kept. or g
amount equal to
county in whose
prevention and er.
developed as a ns
enforcement agent
of the drug progrr:
existing city. eoun
(2) For purpose:
dwelling, building,
be the sole determ
the fair market re
(d) This section
(Amended by Stat •
1991 Legislation
The 1991 amesidr
*building. or place' i
and in par. (2) of sub.
factors in dvtl penal.
§ 11581. Remove
La. Review Commentaries darnel
Review of selected 1991 California kgllation 23
Pac.LJ 732 (1992).
§ 11581. Removal and sale of property; closing of dwelling, building or place; civil penalty; in
lieu damages; (air market rental value
Text of section operative until Jan. 1. 1996.
(a) If the existence of the nuisance is established in the action, an order of abatement shall be
entered as a part of the judgment. w^:ch order shall direct the removal from the dwelling. building:
or place of all fixtures. musical :r.s:::J:nents, and other movable property used to conducting,
maintaining, aiding. or abetting the r.:isance and shall direct their sale in the manner provided for
the sale of chattels under execution
(b) 11 The order shall provide for •.-.e effectual closing of the dwelling, building or place against
its use for any purpose ' ' ' and for �.eeping it closed for a period of one year. This subdivision is
intended to give priority to closure t -y alternative to closure may be considered only as provided in
this section.
2 In addition, the court may assess a civil penalty not to exceed twenty-five thousand dollars
(s 000) against any or all of the :efendanta, based upon the severity of the nuisance and its
duration.
(3) In establishing the amount of aw civil penalty. the court shall consider all of the following
factors:
Additions or changes Indicated by underline; deletions by asterisks ' ' •
10
(a) If the existe:
entered as a part o
all fixtures, music
aiding, or abetting
chattels under exe
CO The order sh
purpose, and for 1
priority to closure
In addition, the
(325.000) against
duration.
(c) (1) If the coy
create a nuisance
building or place c
nuisance, or the pe
stored, kept. or gi.
amount equal to t!
county in whose
prevention and ed
developed as a rest
enforcement agenc
Addition.
:"11 AND SAFETY CODE
ent in any lost rent, and any
a result of the court's order.
ourt may make the following
.-e nuisance:
- persons otherwise suffering
:ey for relocation assistance.
o make reasonable attempts to
tenants, if deemed necessary.
sistance funds. whose services
;o subdivision (d), the escrow
appointment under paragraph
addition to any other existing
not limited to. the following:
ations.
court has equitable powers to
ment process.
forth pursuant to this section shall
.ay other existing remedies for nui-
tions.•
i r place; civil penalty; in
9y�
in order of abatement shall be
val from the dwelling, building,
property used in conducting,
Tale in the manner provided for
Ilio building, or place against
if one year. This subdivision is
e considered only as provided in
cd
twenty.five thousand dollars
verity of the nuisance and its
dl consider all of the following
$ by asterisks'
HEALTH AND SAFETY CODE
§ 11581
(A) The actions taken by the defendant to mitigate or correct the orohlem at the dwelling, building,
or place or the reasons why the defendants did not take anv such action.
(B) The failure of a district attorney or city attorney to serve a notice as reouired by Section 11571.
(C) Anv previous actions brought against the defendant pursuant to this article.
(D) The cost to the agency of investigating and correcting the condition.
(E) Anv other factor deemed by the court to be relevant.
(c) (1) If the court finds that any vacancy resulting from closure of the building or place may
create a nuisance or that closure is otherwise harmful to the community, in lieu of ordering the
building or place dosed, the court may order the person who is responsible for the existence of the
nuisance. or the person who knowingly permits controlled substances to be unlawfully sold. served.
stored, kept. or given away in or from a building or place he or she owns, to pay damages in an
amount equal to the fair market rental value of the building or place for one year to the city or
county in whose jurisdiction the nuisance is located for the purpose of carrying out their drug
prevention and education programs. If awarded to a city, eligible programs may include those
developed as a result of cooperative programs among schools, community agencies, and the local law
enforcement agency. If awarded to a county, funds shall be used for those programs that are part
of the drug program plan, as specified in Section 11983.2. These funds shall not be used to supplant
existing city, county. state, or federal resources used for drug prevention and education programs.
(2) For purposes of this subdivision, the actual amount of rent being received for the rental of the
dwelling, building, or place, or the existence of any vacancy therein. may be considered, but shall not
be the sole determinant of the fair market rental value. Expert testimony may be used to determine
the fair market rental value.
(d) This section shall be repealed on January 1. 1996.
(Amended by Stats.1991. c. 247 (A.B.666), § 2; Stats.1991, c. 572 (A.B.894). § 3.)
For tort of section operative Jan. 1. 1996, see f 1!581. post.
Historical and Statutory Notes
1991 Legislation
The 1991 amendment inserted "dwelling" before
"building. or place" in subd. (a), in par. (1) of subd. (b),
and in par. (21 of subd. (c). inserted par. (3), relating to
factors in civil penalties. in subd. (b); added subd. (d)
repealing the section in 1996: and made other'nonaub-
startive changes.
Effect of amendment of section by two or more uta
at the same session of the legislature. see Government
Code § 9605
§ 11581. Removal and sale of property; closing of building or place: civil penalty; in lieu
damages; fair market rental value
Tez( of section operative Jan. 1. 1996.
(a) If the existence of the nuisance is established in the action. an order of abatement shall be
entered as a part of the judgment, which order shall direct the removal from the building or place of
all fixtures. musical instruments, and other movable property used in conducting. maintaining,
aiding, or abetting the nuisance and shall direct their sale in the manner provided for the sale of
chattels under execution.
(b) The order shall provide for the effectual closing of the building or place against its :lse for any
ourpose, and for keeping it closed for a period :f "ne yc=r. This l: ten3ed to give
priority to closure. Any alternative to closure inay be considered only as provided in this section.
In addition, the court may assess a civil penalty not to exceed twenty-five thousand dollars
($25,000) against any or all of the defendants. based upon the severity of the nuisance and its
duration.
(el (1) If the court finds that any vacancy resulting from closure of the building or place may
create a nuisance or that closure is otherwise harmful to the community, in lieu of ordering the
building or place closed, the court may order the person who is responsible for th^ existence of the
nuisance. or the person who knowingly permits controlled substances to be unlawfully sold. served.
stored, kept. or given away in or from a building or place he or she owns, to pay damages in an
amount equal to the fair market rental value of the building or place for one year to the city or
county m whose jurisdiction the nuisance is located for the purpose of carrying out their drug
prevention and education programs. If awarded to a city. eligible programs may include those
developed as a result of cooperative programs among schools. community agencies, and the local law
enforcement agency. If awarded to a county, funds shall be used for those programs that are part
Additions or changes Indicated by underline; deletions by asterisks
11
§ 11581 HEALTH. AND .SAFETY CODE
of the drug program plan, u specified in Section 11983.2. These funds shall not be used to supplant
existing city, county, state, or federal resources used for drug prevention and education programs.
(2) For purposes of this subdivision, the actual amount of rent being received for the rental of the
building or place, or the existence of any vacancy therein. may be considered, but shall not be the
sole determinant of the fair market rental value. Expert testimony may be used to determine the
fair market rental value
(d) This section shall become operative on January 1. 1996.
(Added by Stats.1991. c. 572 (3.8.894). § 4, operative Jan. 1, 1996.)
For text of section operative until Jan. 1. 1996. see is 11581, ante.
Law Review Commentaries
Review of selected 1991 California legislation. 23
Pac.LJ. 732 (1992).
ARTICLE 4.
REGISTRATION OF CONTROLLED SUBSTANCE OFFENDERS -
11590. Persons required to register
Advisement 5
Notes of Decisions
1. Validity
Although condition of probation requiring drug of-
fender to register with Tool police or sheriff in any
community in which he was domiciled intruded on de-
fendant's right of privacy. it did not substantially bur-
den that right mere speculation that registration made
offender more readily available to surveillance did not
establish substantial burden on right of privacy. Peo-
ple
epple v. Hove (App. 4 Dist1992) 9 Cal.Rptr.2d 295, 7
Ca1.App.4th 1003. rehearing denied. review denied.
Statute authorizing court to require known drug of-
fenders to register with law enforcement officials in
any community in which they were domiciled was ra-
tionally related to state's right to enact laws promoting
public health, welfare and safety 5; permitting local
police to keep track of the identities and locations of
drug offenders in community. People v. Hove (App. 4
Dist1992) 9 Cal.Rptr.2d 295. 7 Cal.kpp.4th 1003. re-
hearing denied, review dented.
5. Advisement
Counsel who represented defendant at probation rev-
ocation hearing had duty to examine validity of defen-
dant's prior nolo contendere plea to determine whether
he had been informed of registration requirements for
narcotics offenders prior to entering pka, even if defen-
dant knew about requirement prior to hearing. People
v. Cotton (App. 1 Dist -1991) 234 Cal.Rptr. 757. 230
Cal.App.3d 1072.
Defense counsel's failure to investigate validity of
defendant's prior nolo contendere plea to determine if
defendant was advised of aareoties offender registra-
tion requirements did not deny defendant effective as-
sistance at probation revocation hearing, absent show-
ing that defense counsel did not make tactical decision
to accept mitigated term of revocation, further reduced
by time served. rather than face potentially longer
sentence on new offense. People v. Cotton (App. 1
Dist.1991) 284 Cal.Rptr. 757, 230 Cal.App.3d 1072.
Where statutory registration requirement for narcot-
ics offenders is applicable. defendant must be properly
advised of it as direct consequence of conviction prior to
acceptance of guilty or nolo contendere plea. Pe,ple v.
Cotton (App. 1 Dist.1991) 284 Cal.Rptr. 757. 230 Cal
App.3d 1072
CHAPTER 11. EDUCATION PROGRAMS
g 11605. Biennial survey of drug and alcohol use among pupils in grades 7, 9. and 11
Cross References
Reports to Legislature or Go.trnor. moratorium,
$tatuton exceptions, see Covernr.-it Code § 7550 .5
CHAPTER 12. CLA.NDEST1NE LABORATORY ENFORCEMENT PROGRAM
§ 11642. Reimbursement to counties for costa of prosecutions. law enforcement personnel
expenses, and to remove and dispose of toxic waste
(al To the extent moneys are available therefor, the Controller, in accordance with criteria and
procedures which shall be adopted by the Department of Justice. may reimburse counties with a
population under 1,750.000 for costs of prosecuting violations. attempts to violate, or conspiracies to
violate Section 11100T 11100 1. 11104. 11105, 11379.6, or 11383 initiated after January 1. 19S7
Funding under this subdivision shall not exceed twenty-five thousand dollars (825,000) for each
prosecution or joint prosecution assisted. All funds allocated to a county under this subdivision shall
Addltlons or changes Indicated by underline: deletions by asterisks
12
s
-bPags blrIt:oiilj�torits
ptosecutioi'oi these Offenses.. Fun
rant', Ioxl funds. that :would. -.int. the
Prosie(rto ill'efforts. o•f'coiiaties,
Cases wholly financed or reimbur
limited to, the Asset Forfeiture Pr,
Law (Section 13881 of the Penal C
(Section 1385! of the Penal Code),
(b) To the extent moneys are av
procedures which shall be adopted
population under 1,750,000 for law
dollars (310,000) per case, incurre
conspiracies to violate Section 11100
1. 1987. All funds allocated to a cc
law enforcement agency to be used
distributed under this subdivision st
absence of this subdivision, be mad -
Cases financed or reimbursed under
the Asset Forfeiture Progiame (Secti
(Section 13851 of the Penal Code), or
not be entitled to reimbursement un
(c) (1) To the extent moneys are a
procedures which shall be adopted
population under 1,750 000 for costs i
agencies to remove and dispose of c
unlawful manufacture of a controlle
(2) The local law enforcement ager
within 24 hours of the seizure of a
substance. The local health officer
(A) Make a determination as to w
safety, and if so, shall undertake int
(B) Notify the State Department c
As used in this section, "counties"
1,750,000.
The Department of Justice may ac
Ac:-ninistrative Procedure' Act.'
(Amended by Gov.Reorg.Plan No. 1
§ 1-)
1 Government Code § 11370 et seq.
Hip
1991 Legislation
Effective date of Governor's Renrganira•
of 1991, dated May 17. 1991, see Gov
§ 11647. Crank -up task force prug.
(a) The Crank -lip Task Force Prog •
of the Clandestine Laboratory Enfore
supporting, and coordinating crank-,
agencies targeting the investigatio:
manufacture methamphetamine.
(b) The department shall coordmrat-
the Crank -Up Task Force Program
within the ;urtsdictions involved.
federal agencies vvtth task force inv..?
The department's Bureau of Narc.
• ' • Investi¢ations shall provide
Addltlons or changes Ind