Title 8 CONSUMER PROTECTION AND BUSINESS REGULATIONS
Chapter 8.50 DRUG RELATED ACTIVITY
8.50.010 Property used for unlawful controlled substance purposes is a nuisance.
8.50.020 Definitions.
8.50.030 Use of property for unlawful controlled substance purposes prohibited--Notice to abate.
8.50.040 Abatement of property used for unlawful controlled substance purposes--Injunction.
8.50.050 Abatement of property used for unlawful controlled substance purposes--Action for unlawful detainer.
8.50.010 Property used for unlawful controlled substance purposes is a nuisance.
Every building, place, land, or dwelling unit within the county of Los
Angeles, maintained or used for the purpose of unlawfully selling, serving,
storing, keeping, transporting, manufacturing, cultivating, or giving away any
controlled substance, precursor, or analog, as defined under the California
Uniform Controlled Substance Act, Division 10 of the Health and Safety Code, is
a nuisance. (Ord. 2003-0027 § 2 (part), 2003.)
8.50.020 Definitions.
A. Notice. Any notice or documentation described in this chapter shall be
sufficient if it is in writing and given either by personal delivery or by
certified or registered mail. Notice to the owner of real property determined to
be a nuisance as defined by Section 8.50.010 shall be sent to the same address
to which the county sent the most recent annual tax bill for said property. Such
notice to the tenant of real property determined to be a nuisance as defined by
Section 8.50.010 shall be sent to the street address of said property. Service
by certified or registered mail shall be deemed to be complete at the time of
deposit in the United States mail. Proof of service of the notice may be made by
a declaration signed under penalty of perjury by any employee of the county of
Los Angeles, which shows service in conformity with this section.
B. Tenant.
As used in this chapter, “tenant” means all persons who hire a
building, place, land, or dwelling unit, including tenants, lessees, boarders,
lodgers, and others, however denominated.
C. Dwelling Unit. As used in this
chapter, a dwelling unit means a structure or the part of a structure that is
used as a home, residence, or sleeping place by any person who maintains a
household or by two or more persons who maintain a common household. (Ord.
2003-0027 § 2 (part), 2003.)
8.50.030 Use of property for unlawful controlled substance purposes prohibited--Notice to abate.
Whenever the district attorney, sheriff or other such county office as may
be designated by the board of supervisors determines that any property in the
unincorporated area of the county is a nuisance, as defined by Section 8.50.010,
the district attorney, sheriff or such other county office shall give written
notice to the owner and the tenant of such property ordering such person to
remove, discontinue, or abate the same. This notice shall include sufficient
documentation to establish that the nuisance exists and shall be served upon the
owner and the tenant in accordance with Section 8.50.020 of this chapter. (Ord.
2003-0027 § 2 (part), 2003.)
8.50.040 Abatement of property used for unlawful controlled substance purposes--Injunction.
A. Whenever the county determines that a nuisance, as defined by Section
8.50.010, is maintained, permitted, or allowed to exist, the county counsel may
commence an action in the Los Angeles County Superior Court to temporarily and
perpetually enjoin the owner of such property, and the person or persons
maintaining, permitting, or allowing such nuisance to exist, from directly or
indirectly maintaining or permitting such nuisance.
B. This action may be
maintained whether or not a notice to abate the nuisance has been served upon
the owner and the tenant of such property pursuant to the authority of Section
8.50.030. (Ord. 2003-0027 § 2 (part), 2003.)
8.50.050 Abatement of property used for unlawful controlled substance purposes--Action for unlawful detainer.
A. The county counsel may file an action for unlawful detainer against any
tenant or person who is in violation of Section 8.050.010. This action may be
maintained whether or not an action for injunction is filed pursuant to the
authority of Section 8.50.040. In filing this action, the county counsel shall
utilize the procedures set forth in Chapter 4 (commencing with Section 1159) of
Title 3 of Part 3 of the Code of Civil Procedure, except that the following also
shall apply:
1. Prior to filing an action pursuant to this section, the
county counsel shall give at least 15 calendar days’ written notice to the
owner, requiring the owner to file an unlawful detainer action to remove a
tenant who is in violation of Section 8.50.010. This notice shall include
sufficient documentation to establish such a violation and shall be served upon
the owner and the tenant in accordance with Section 8.50.020 of this chapter.
Within 15 calendar days of the mailing of the written notice, the owner shall
provide the county counsel with either: (1) all relevant information pertaining
to the unlawful detainer case; or (2) a written explanation setting forth any
personal safety-related reasons for noncompliance, and an assignment to the
county counsel of the right to bring an unlawful detainer action against the
tenant. The assignment shall be on a form provided by the county counsel and
shall contain a provision for payment to the county of Los Angeles for its costs
of investigation, discovery, and reasonable attorney’s fees, in an amount
not to exceed $600.00. If the county counsel accepts the assignment of the right
of the owner to bring the unlawful detainer action, the owner shall retain all
other rights and duties, including the handling of the tenant’s personal
property, following issuance of the writ of possession and its delivery to and
execution by the appropriate agency.
2. Upon the failure of the owner to
file an action pursuant to this section, or to respond to the county counsel as
provided in subsection A.1 of this section, or having filed an action, if the
owner fails to prosecute it diligently and in good faith, the county counsel may
file and prosecute the action and join the owner as a defendant in the
action.
3. If a jury or court finds the defendant tenant guilty of unlawful
detainer in a case filed pursuant to subsection A.2 of this section, the county
of Los Angeles may be awarded costs, including the costs of investigation and
discovery and reasonable attorney’s fees. These costs shall be assessed
against the defendant owner, to whom notice was directed pursuant to subsection
A.1 of this section, and once an abstract of judgment is recorded, it shall
constitute a lien on the subject real property.
B. In any proceeding brought
under this section, the court may, upon a showing of good cause, issue a partial
eviction ordering the removal of any person, including, but not limited to,
members of the tenant’s household, if the court finds that the person has
engaged in the activities described in Section 8.050.010. Persons removed
pursuant to this section may be permanently barred from returning to or
reentering any portion of the entire premises. The court may further order as an
express condition of the tenancy that the remaining tenants shall not give
permission to or invite any person who has been removed pursuant to this
subsection to return to or reenter any portion of the entire
premises.
C. Notwithstanding subdivision (b) of section 68097.2 of the
Government Code, the costs incurred in furnishing the testimony of an employee
of the County of Los Angeles in an action brought pursuant to this chapter are
waived. (Ord. 2003-0027 § 2 (part), 2003.)
<< previous | next >>