HomeMy WebLinkAboutOrd. No. 2015-1333ORDINANCE NO. 2015 -1333
AN ORDINANCE OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, AMENDING THE LAKE ELSINORE
MUNICIPAL CODE TO PROVIDE MORE EFFECTIVE
CODE ENFORCEMENT AND COST RECOVERY
PROCEDURES
WHEREAS, the City of Lake Elsinore ( "City ") is authorized by California
Constitution, Article XI, Section 7 to make and enforce within its limits all local, police,
sanitary and other ordinances and regulations not in conflict with general laws;
WHEREAS, violations of the Lake Elsinore Municipal Code and other violations
of law threaten the health, safety and welfare of the public, burden City resources and
diminish the quality of life in the City and thus constitute nuisances;
WHEREAS, the City recognizes responding to and abating nuisances can be
complex, time - consuming, and overburdensome, and, therefore, there is a need to
provide the City with many tools, including cost recovery tools, to maintain effective,
efficient, and responsive enforcement of the Lake Elsinore Municipal Code and state
and federal law;
WHEREAS, recovery of attorney's fees and staff costs from violators of the Lake
Elsinore Municipal Code, where appropriate, will enable the City to replenish resources
needed to meet the increasing demands on code enforcement;
WHEREAS, recovery of costs, as permitted by state law, will provide a deterrent
for further violations of the Lake Elsinore Municipal Code;
WHEREAS, Government Code Sections 36901, 38771, 38773.1 and 38773.5,
among others, authorize the City to enact an ordinance declaring what constitutes a
public nuisance, procedures for abating nuisance conditions, recovery of all related
costs and attorney fees to abate the nuisance, and the collection of civil penalties;
WHEREAS, consumption of alcohol or controlled substances by minors is
unlawful, dangerous to the health, safety and welfare of minors and the public, and is a
public nuisance;
WHEREAS, the hosts of gatherings where minors consume alcohol, marijuana or
other controlled substances have the ability to restrict or limit such activity;
WHEREAS, it is, therefore, appropriate and necessary to address this nuisance
activity by providing reasonable regulations on hosts of gatherings who fail to ensure
that alcoholic beverages, marijuana and other controlled substances are not served to,
possessed by, or consumed by minors;
WHEREAS, hosts of gatherings will be more likely to properly supervise or stop
consumption, service to and possession of alcohol and controlled substances by minors
CITY COUNCIL ORDINANCE NO. 2015 -1333
Page 2 of 26
at their gatherings if such hosts are held responsible for enabling or tolerating such
conduct.
WHEREAS, the public will benefit from a reduction in injuries and public
nuisances by imposing social host obligations to deter minors from consuming or using
alcoholic beverages and controlled substances, and will benefit from imposing liabilities
and maximizing cost recovery for abatement of nuisances, including graffiti, as well as
deterrence thereof;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 1.04.030 is hereby amended to read as follows:
1.04.030 Prohibited acts include causing, permitting, maintaining.
Whenever an act or omission is made unlawful by this code or adopted codes, it
shall include causing, allowing, permitting, maintaining, abetting, or concealing the fact
of such act or omission."
SECTION
Each
and
2. Chapter
1.16
of the
Lake Elsinore Municipal
Code is hereby
amended in its entirety to read
as
follows:
or adopted codes is
committed, continued, maintained or
"Chapter 1.16 VIOLATIONS
1.16.010 Penalty.
1.16.020 Disposition of fines and forfeitures.
1.16.030 Treble costs of abatement.
1.16.040 Civil penalty.
1.16.050 Violations deemed public nuisance.
1.16.060 Enforcement.
1.16.070 Recovery of attorney's fees and staff costs.
1.16.010 Penalty.
A. Any violation of any provision of this code and adopted codes constitutes
a misdemeanor unless specifically designated as an infraction by this code or
prosecuted as an infraction in the discretion of the City Attorney or City Prosecutor in
the interest of justice. Such misdemeanor shall be punishable by a fine not exceeding
$1,000 or imprisonment for a term not exceeding six months, or by both such fine and
imprisonment. Any person convicted of an infraction under the provisions of this code
shall be punishable by a fine not exceeding $100.00 for a first violation, a fine not
exceeding $200.00 for a second violation of the same provision within one year, and a
fine not exceeding $500.00 for each additional violation of the same provision within one
year.
B.
Each
and
every day during any
portion of which any violation of any
provisions
of this
code
or adopted codes is
committed, continued, maintained or
CITY COUNCIL ORDINANCE NO. 2015 -1333
Page 3 of 26
permitted shall constitute a separate and distinct violation and public nuisance, and
shall be subject to abatement, and punishable accordingly.
1.16.020 Disposition of fines and forfeitures.
All fines and forfeitures collected upon conviction or upon the forfeiture of bail of
any person charged with a violation of any provision of this code or any other ordinance
of the City shall be paid into the City treasury.
1.16.030 Treble costs of abatement.
Upon entry of a second or subsequent civil or criminal judgment within a two year
period finding that an owner of property or a person responsible for graffiti, including a
minor, is responsible for causing, creating, maintaining or allowing any condition
constituting a nuisance, as defined in this code, the City may recover treble the costs of
abatement of the nuisance(s). "Costs" shall be as defined in section 8.18.090 of this
code. "Judgment', as used herein, shall include any order issued by a court, plea
agreement, conviction, settlement or agreement that resolves a cause of action or case.
1.16.040 Civil penalty.
In addition to any other penalty and enforcement authority provided in this code,
every violation of a provision of this code or adopted codes shall be subject to a civil
penalty not to exceed one thousand dollars ($1,000). A penalty may be imposed for
each violation of this code and each day a violation exists. Such penalty may be
imposed against any person or entity causing, permitting, or maintaining any violation of
this code, adopted codes or state law the city is authorized to enforce.
1.16.050 Violations deemed public nuisances.
In addition to other penalties provided by law, any condition maintained, caused
or permitted to exist in violation of any provision of this code or any code adopted by
reference by this code or any ordinance of the city not included within this code, or any
such threatened violation, shall be deemed a public nuisance that may be abated by the
city.
1.16.060 Enforcement.
Any violation of this code, codes adopted by the city, or provisions of state law
that may be enforced by the city, or any rules, regulations, permits or approvals issued
by or applicable to the city may be enforced by any means authorized by law, including
but not limited to, criminal prosecution, civil action for restraining order and injunctive
relief, receivership, administrative or abatement proceeding. The remedies provided in
this code are intended to be cumulative and not exclusive, and may be pursued
individually, consecutively, or in conjunction with each other.
CITY COUNCIL ORDINANCE NO. 2015 -1333
Page 4 of 26
1.16.070 Recovery of attorney's fees and staff costs.
A. The prevailing party in any judicial action, administrative proceeding, or
special proceeding to abate a nuisance may recover its reasonable attorneys' fees,
provided that the city elected, at the initiation of such individual action or proceeding, to
recover its own attorneys' fees. In no judicial action or administrative or special
proceeding shall an award of attorney's fees to a prevailing party exceed the amount of
reasonable attorney's fees incurred by the city in the action or proceeding. A "judicial
action" includes, but is not limited to, any civil or criminal action, inspection or
abatement warrant or appeal. An "administrative proceeding" includes, but is not limited
to, any public nuisance hearing, administrative citation or appeal(s) therefrom,
revocation of permits by the city, or cost recovery hearing. Any recovery of attorney's
fees for abatement of a nuisance shall be in accordance with this section.
B. In addition to recovery of any other costs as provided by this code, in any
action to abate a nuisance, the city shall be entitled to recover from the property on
which the nuisance exists and against the property owner and any other violators jointly
and severally, all staff and administrative costs, including but not limited to, those
incurred in investigations, inspections, enforcement and providing any notice required
by this code or state law."
SECTION 3. Chapter 1.20 of the Lake Elsinore Municipal Code is hereby
amended in its entirety to read as follows:
"Chapter 1.20 ADMINISTRATIVE CITATIONS
1.20.010 Applicability.
1.20.020 Enforcement officer.
1.20.030 Administrative citation.
1.20.040 Payment of the fine.
1.20.050 Service of notice.
1.20.060 Request for appeal.
1.20.070 Appeal hearing procedure.
1.20.080 Decision of hearing officer
1.20.090 Cumulative remedies.
1.20.100 Collection of fines.
1.20.010 Applicability.
A. This chapter provides for administrative citations which are in addition to
all other legal remedies.
B. Use of this chapter shall be at the sole discretion of the City.
CITY COUNCIL ORDINANCE NO. 2015 -1333
Page 5 of 26
1.20.020 Enforcement officer.
For purposes of this chapter, "Enforcement Officer" shall mean any City
employee or any agent of the City with the authority to enforce any provision of this
code, codes adopted by the City, or state laws enforceable by the City.
1.20.030 Administrative citation.
A. It shall be unlawful for any person or entity to violate any ordinance of the
City, provision of this code, any code adopted by the City, or state law enforceable by
the City. Whenever an Enforcement Officer determines that a violation has occurred,
the Enforcement Officer shall have the authority to issue an administrative citation to
any person or entity responsible for the violation.
B. A person responsible for the violation includes, but is not limited to, the
person or entity causing, permitting or maintaining such violation, any person in charge
I
f or in control of the location where the violation occurs, and any tenant or owner of the
property where the violation occurs.
C. Each administrative citation shall contain the following information where
applicable:
1. The date of the violation or, if the date of the violation is unknown, then
the date the violation is identified;
2. The address or a description of the location where the violation
occurred;
3. The section of the Lake Elsinore Municipal Code or other law violated
and a brief description of the violation;
4. The amount of the fine for the code violation;
5. A description of the fine payment process, including a description of the
time within which and the place to which the fine shall be paid;
6. A description of the administrative citation review process, including the
time within which the administrative citation may be contested and the place from which
a request for hearing form to contest the administrative citation may be obtained; and
7. The name and signature of the citing Enforcement Officer.
D. When an administrative citation is issued for
a violation of Title 15 or Title
17 of
this code and the violation does not an immediate
danger to health
or safety, a
citee
shall have at least ten (10) days to correct or otherwise remedy the
violation or
more
if deemed necessary by the Enforcement Officer.
Such correction
period shall
begin
to run from the date on the citation. No such person
or entity shall be
liable for an
administrative
fine
unless and until such
violation continues after expiration
of the
time
CITY COUNCIL ORDINANCE NO. 2015 -1333
Page 6 of 26
period allowed for correction, as specified on
violation continues after correction period expires
and payable as provided herein.
the administrative
citation.
If
such
. the
administrative
fine
shall
be
due
E.
Administrative fines
and
penalties for late payment shall be assessed in
amounts
specified
by resolution
of
the
City Council.
1.20.040 Payment of the fine.
A. The fine shall be paid to the City within 30 days from the date of the
administrative citation.
B. Payment of a fine under this chapter shall not excuse or discharge any
continuation or repeated occurrence of the code violation that is the subject of the
administrative citation.
1.20.050 Service of notice.
Service of notices required under this chapter shall be made by the following
means:
A. By personal service on the violator; or
B. By certified mail to the last known address or address of the violator as
shown on the County's assessor's most recent tax rolls. Service shall be completed at
the time of deposit in the U.S. mail.
1.20.060 Request for appeal.
Any person ordered to pay an administrative penalty for violating a City
ordinance or other law as enforced by the City may request an appeal within fifteen (15)
calendar days of the citation issuance by paying any applicable fee as established by
resolution of the City Council and depositing the full amount of the penalty with a
request for an appeal to the City Manager or designee that provides a written .
explanation of the grounds for appeal. Failure to timely and properly file an appeal in
accordance with this section constitutes a waiver of the right to appeal and a failure to
exhaust administrative remedies.
1.20.070 Appeal hearing procedure.
A. If an appeal is timely and properly filed, a hearing officer designated by the
City Manager shall set a hearing for not more than thirty (30) days from receipt of the
appeal and notify the appellant of the hearing at least ten (10) days prior pursuant to
section 1.20.050 of this code.
B. At the hearing, a neutral hearing officer designated by the City shall
consider only relevant evidence in determining whether to affirm or reverse the
administrative penalty. Other rules of evidence shall not apply. The grounds for appeal
CITY COUNCIL ORDINANCE NO. 2015 -1333
Page 7 of 26
shall be
limited
to
those stated
in the request for an appeal submitted pursuant to
section 1.20.060
Lake Elsinore Municipal Code is hereby
of
this code.
as
C. The compensation of the hearing officer shall not depend on the
determination of the hearing officer.
1.20.080 Decision of hearing officer.
Within ten (10) days of the hearing, the hearing officer shall determine whether a
violation has occurred and issue a written decision, which shall be served on the
appellant pursuant to section 1.20.050 of this code. The hearing officer's decision may
affirm or reverse the administrative penalty. The hearing officer's decision shall be final
and, in-the event the administrative penalty is affirmed, such decision shall inform the
appellant of the right to appeal the decision by judicial review.
1.20.090 Cumulative Remedies.
The remedies provided in this chapter are intended to be cumulative of each
other and not exclusive. Any remedy provided by law may be pursued individually,
consecutively or in conjunction with each other. Nothing in this chapter shall prevent
the City from initiating a civil or criminal proceeding, or any other legal or equitable
proceeding in lieu of or addition to the proceedings set forth in this chapter.
1.20.100 Collection of fines.
The administrative fines imposed pursuant to this chapter may be recovered by
the City by any means authorized by law, including but not limited to, a lien or special
assessment pursuant to chapter 8.18 of this code, civil action or submittal to a collection
agency."
SECTION
Purpose.
8.18.020
4. Chapter
8.18
of the
Lake Elsinore Municipal Code is hereby
amended in its entirety
to read
as
follows:
Voluntary abatement.
"Chapter 8.18 NUISANCE ABATEMENT
8.18.010
Purpose.
8.18.020
Declaration of nuisance.
8.18.030
City investigation and abatement.
8.18.040
Notice to abate and appeal.
8.18.050
Service.
8.18.060
Voluntary abatement.
8.18.070
Failure to voluntarily abate a nuisance.
8.18.080
Abatement of an imminently dangerous nuisance.
8.18.090
Abatement costs.
8.18.100
Appeal of abatement costs — hearing procedures.
8.18.110
Collection of abatement costs.
8.18.120
Nuisance abatement lien.
8.18.130
Special assessment alternative.
CITY COUNCIL ORDINANCE NO. 2015 -1333
Page 8 of 26
8.18.140 Owner's personal obligation.
8.18.150 Abandoned, wrecked, dismantled, or inoperative vehicles or parts.
8.18.160 Additional violations.
8.18.170 Cumulative remedies.
8.18.010 Purpose,
A. The City Council has determined it necessary to protect citizens and
property from conditions offensive or annoying to the senses, detrimental to property
values or community appearance or injurious to the health, safety or welfare of the
public in such ways as to be a nuisance.
B. The purposes of this chapter are to set forth guidelines for determining
what conditions constitute a nuisance; establish a method for giving notice of the
conditions and an opportunity to correct them; in the event a nuisance is not properly
and timely corrected, to provide a procedure for obtaining correction; and finally, to
implement cost recovery methods for City nuisance abatement efforts.
8.18.020 Declaration of nuisance.
Each of the following acts or conditions, when created, caused, allowed,
permitted or maintained upon any lot, piece or parcel of land within the City by any
person or entity owning, leasing, occupying or having charge or possession thereof, is
defined as and declared to constitute a public nuisance that may be abated by the City:
1. Any public nuisance known in law or in equity.
2. Buildings or structures that are abandoned, partially destroyed, unsafe or
substandard, or left in an unreasonable state of partial construction. An
"unreasonable state of partial construction" is defined as any unfinished
building or structure in the course of construction which has not requested or
had conducted an inspection under a valid building permit within the prior six
months, and where the appearance and other conditions of the unfinished
building or structure detracts from the appearance of the immediate
neighborhood or reduces the property values in the immediate neighborhood.
3. Unpainted buildings and those having dry rot, warping or termite infestation.
Buildings on which the condition of the paint has become so deteriorated as to
permit decay, checking, cracking, peeling, chalking, dry rot, warping or termite
infestation so as to render the buildings unsightly and in a state of disrepair.
4. Buildings,
structures,
or fences in violation of the City's
zoning
regulations as
set forth in
Title 17 or
building
regulations
as set forth
in
Title 15
of this code.
5. Land uses in violation of the City's zoning regulations as set forth in Title 17 of
this code.
CITY COUNCIL ORDINANCE NO, 2015 -1333
Page 9 of 26
6. A violation of any condition of approval, permit or authorization issued by the
City.
7. Broken windows.
8. Building exteriors, walls, fences, driveways, sidewalks, and walkways which
are defective, unsightly, or in such condition of deterioration or disrepair so as
to threaten depreciation of the values of surrounding property or is materially
detrimental to nearby properties or improvements.
9. The accumulation of dirt, litter or debris in vestibules, doorways, or the
adjoining sidewalks of a building.
10. Lumber, junk, trash, salvage materials, rubble, broken asphalt, concrete, water
containers, scrap metal or other debris stored on a property and visible from a
public street, alley or adjoining property.
11.Attractive nuisances dangerous and inviting to children, including but not
limited to, abandoned, broken, or neglected equipment and machinery;
hazardous pools, ponds, and excavations; abandoned wells, shafts or
basements; abandoned refrigerators or motor vehicles; any structurally
unsound fence or structure; or any other lumber, trash, garbage, rubbish,
refuse, fence, debris, or vegetation which may prove a hazard for inquisitive
minors.
12.Abandoned, discarded or unused furniture, stoves, sinks, toilets, cabinets, or
other household appliances or fixtures or equipment stored so as to be visible
at ground level from a public street or alley or from adjoining property.
13.Construction or automotive equipment, supplies, materials, or machinery of
any type or description parked or stored on property, except while excavation,
construction or demolition operations covered by an active building permit are
in progress on the subject property or an adjoining property, or otherwise as
allowed by this Code or a permit issued by the City.
14. Signs in disrepair or without required permits.
15. Maintenance of property so out of harmony or conformity with the maintenance
standards of adjacent properties as to cause diminution of the enjoyment, use
or property values of such adjacent properties.
16.Vehicles parked in required front setbacks in a residential zone except when
such vehicles are operative, have current licensing and are parked on a paved
drive approach to a required garage or other permitted driveway.
17. Property maintained in relation to others so as to establish a prevalence of
depreciated values, impaired investments, and social and economic
maladjustments to such an extent that the capacity to pay taxes is reduced
CITY COUNCIL ORDINANCE NO. 2015 -1333
Page 10 of 26
and tax receipts from such particular areas are inadequate for the cost of
public services rendered therein.
18. Maintenance of property in such condition as to be detrimental to the public
health, safety, or general welfare or in such manner as to constitute a public
nuisance as defined in California Civil Code Section 3480, including, but not
limited to, anything dangerous to human life or detrimental to human health, or
any habitation that is overcrowded with occupants or that lacks adequate
ventilation, sanitation or plumbing facilities, or that constitutes a fire hazard.
19. Dead, decayed, diseased, overgrown or hazardous trees, weeds and
vegetation, cultivated or uncultivated, which is likely to harbor rats or vermin,
or constitute an unsightly appearance, or is detrimental to neighboring
properties or property values.
20. Clotheslines in front yard areas and in side yard areas of corner lots unless
screened from view by a solid fence.
21.Any wall, fence,
or hedge
maintained in
such condition of deterioration or
disrepair as to
constitute
a hazard to
persons or
property or to cause
depreciation
in
the
value
of
any adjacent
or
neighboring
property.
22.Any property with pooled oil accumulation, oil or other hazardous material
flowing onto public rights -of -way, or excessive accumulations of grease, oil or
other hazardous material on paved or unpaved surfaces, buildings, walls or
fences, or on any public street or property.
23.Any landscaped setback areas which lack appropriate turf or plant material so
as to cause excessive dust, allow the accumulation of debris, or to threaten
depreciated values of adjacent or neighborhood properties.
24.Any condition of vegetation overgrowth which encroaches into, over or upon
any public right -of -way including, but not limited to, streets, alleys, or
sidewalks, so as to constitute either a danger to the public safety or property or
an impediment to public travel.
25. The outside storage of camper shells in any required front yard other than on
an operable and licensed pickup truck parked in a lawful manner.
26.The outside storage of boats, catamarans, dinghies, vessels, or other
watercraft in any required front in other than a parking space which conforms
to City standards or in a side or rear yard not screened from view by a
permitted six - foot -high solid fence on a validly licensed trailer parked in a
lawful manner.
27.A swimming pool or pond which is unfiltered, or not otherwise maintained,
which contains bacterial growth, algae, remains of insects, remains of
deceased animal life, rubbish, refuse, dirt, debris, papers, chemicals or other
CITY COUNCIL ORDINANCE NO. 2015 -1333
Page 11 of 26
matter or
material which,
because of the
magnitude, nature or location,
constitutes
an unhealthy or
unsafe condition.
28. Camper shells, boats, watercraft or trailers, or wrecked, abandoned or
inoperable vehicles stored on property and not screened from view by a
permitted six - foot -high solid fence, or otherwise stored out of view of the public
or neighboring properties.
29.Any condition or use of any building, structure or property that violates this
Code, provisions of state or federal law enforceable by the City or any rules,
regulations, permits or approvals issued by or applicable to the City.
8.18.030 City investigation and abatement.
City staff is authorized to investigate any public nuisance, the property on which
such nuisance is located, the identity of the owner or person or entity in control of such
property, or the identity of the person or entity, or agent thereof, and cause such
nuisance to be abated.
8.18.040 Notice to abate and appeal.
A. Upon the determination a public nuisance exists on a property, the City
Manager or designee is authorized to issue a notice to abate to any person who or
entity that creates, causes, permits or maintains any public nuisance and give a
reasonable time to abate said public nuisance. Such notice shall be given in
substantially the following form, although failure to follow such form shall not invalidate
the City's notice or enforcement action:
"NOTICE AND DEMAND FOR ABATEMENT
Please take notice the City of Lake Elsinore has determined the following
public nuisance(s) exists at (address or property description) in violation of
(citation): (description of public nuisance). The City requires you to abate the
public nuisance.
If you fail to completely abate said public nuisance within (time) calendar
days from the date of this notice, the City shall proceed to take enforcement
action or cause abatement of said public nuisance(s) and require you to pay the
costs of the abatement. The City may cause such costs to become a lien or
special assessment against the property, and will recover from you the costs for
recording and collecting the same.
This notice is given without prejudice to any other right or remedy of the
City."
B. The recipient of the notice to abate, or the owner of the property on which
the nuisance is located, may request a hearing on the notice to abate by filing a written
appeal with the City Administrator or designee within fifteen (15) calendar days of the
CITY COUNCIL ORDINANCE NO. 2015 -1333
Page 12 of 26
date of the notice to abate. The appeal shall state the reasons why the notice to abate
is incorrect.
C. If a request for hearing is not timely and properly filed, or if a hearing is
held and a nuisance is confirmed, city personnel or contractors may enter the property,
subject to requirements of law, to abate the nuisance.
D. Failure to timely and properly appeal constitutes a waiver of the right to
appeal and a failure to exhaust administrative remedies.
E. Hearing. If a request for hearing is timely and properly filed, a hearing
shall be conducted to hear the appeal and render a determination on the existence of
the public nuisance(s) identified in the notice to abate. The City Manager shall appoint
three hearing officers to be selected from members of the Planning Commission or any
other persons deemed appropriate and neutral, which shall constitute the Nuisance
Abatement Board.
F. Notice of hearing. A notice of the hearing date, time and location shall be
served on the person requesting the hearing and the owner of the property on which the
violation occurred in accordance with section 8.18.050 of this chapter.
G. Conduct of the hearing. On the date and time stated in the notice of the
hearing, the Nuisance Abatement Board shall hear and consider all relevant evidence
relating to the conditions on the property as identified in the notice to abate. The hearing
may be continued from time to time at the discretion of the City or upon a written
request from the appellant based on good cause. The appealing party shall have the
opportunity to present relevant evidence and testimony on his or her behalf, and shall
have the opportunity to examine relevant City witnesses. The rules of evidence shall not
apply.
H. Determination. Within a reasonable time following conclusion of the
hearing, the Nuisance Abatement Board shall issue a written determination as to
whether the conditions identified in the notice to abate constitute a public nuisance. If
the Nuisance Abatement Board determines that a public nuisance exists, it shall declare
such premises to be a public nuisance, uphold the notice to abate in full or in part, and
order complete abatement within a specified time. If the Nuisance Abatement Board
determines that none of the conditions identified in the notice to abate constitute a
public nuisance, then the notice to abate shall be withdrawn. The determination of the
Nuisance Abatement Board is final.
I. Notice of determination. Notice of the determination of the Nuisance
Abatement Board shall be served on the appealing party and the owner of the property
on which the violation occurred in accordance with section 8.18.050.
8.18.050 Service.
Unless
otherwise specified, any
notice,
order or statement issued pursuant to
this
Chapter
may
be served by personal
service
or
by certified
mail to the violator's
last
CITY COUNCIL ORDINANCE NO. 2015 -1333
Page 13 of 26
known address
or address
as shown
on
the County's
assessor's most recent tax rolls.
Service shall
be
completed
at the time
of
deposit in the
U.S. mail.
8.18.060 Voluntary abatement.
Any person or entity owning, leasing, occupying or having charge or possession
of a property where a public nuisance exists may abate the nuisance within the period
provided in a notice to abate by rehabilitation, repair, removal or demolition, subject to
obtaining any required permits or approvals from the City. The City shall be advised of
any such abatement and City staff is authorized to inspect the property to ensure the
nuisance has been properly abated.
8.18.070 Failure to voluntarily abate a nuisance.
If a nuisance is not properly abated within the period provided by a notice to
abate, the City shall be entitled to take any enforcement action allowed by law to cause
the abatement of said nuisance, including but not limited to abatement of the nuisance
by City forces or contractors.
8.18.080 Abatement of an imminently dangerous nuisance.
Whenever the City Manager or designee determines a public nuisance is so
imminently dangerous to life or property that such condition must be immediately
removed, abated, repaired or isolated, the following procedures may be followed:
A. Notice. The City Manager or designee shall attempt to contact in personal
or by telephone the owner of the property or the person, if any, occupying or otherwise
in real or apparent charge and control thereof. In the event contact is made, the City
Manager or designee shall notify such person(s) or entity of the imminent danger and
require such condition be immediately removed, repaired or isolated so as to preclude
harm to person or property.
B. Abatement. If the City Manager or designee is unable to make contact, or
if the appropriate person(s) or entity after notification do not take action within such time
as may be specified, then the City may take all actions deemed necessary to remove,
repair or isolate such imminently dangerous condition, with the use of City forces or a
contractor engaged by the City.
C. Costs. The City Manager shall keep an itemized accounting of all costs
incurred by the City to abate the nuisance. All abatement costs incurred by the City
may be recovered pursuant to procedures set forth in this chapter.
D. Hearing. After the City conducts an abatement of an imminently
dangerous public nuisance, the City shall serve on the occupant of the property and the
property owner, if different, a notice of said emergency abatement and a statement of
costs. The notice shall include an opportunity to request an appeal hearing on the
same. Service of the notice shall be in accordance with section 8.18.050, and the
appeal procedures shall be governed by section 8.18.100.
CITY COUNCIL ORDINANCE NO. 2015 -1333
Page 14 of 26
8.18.090 Abatement costs.
A. The City Manager or designee shall keep an itemized accounting of all
costs incurred by the City to abate a public nuisance. The term "costs" includes, but is
not limited to, those incurred in:
1. preparation of notices, specifications and contracts;
2. inspection and other staff enforcement activities;
3. printings and mailings;
4. recordings and court costs;
5. hearings;
6. actual costs of abatement; and
7. attorneys' fees, whether through civil, criminal or administrative action,
or otherwise.
The term "abate" or "abatement ", for purposes of this code, includes, but is not
limited to, any action by the City to cause or compel compliance with any provision of
this code, adopted codes, or applicable state or federal laws. This specifically includes
any civil or criminal action, inspection or abatement warrant, appeal from a city notice or
enforcement action, any public nuisance hearing, administrative citation or appeal(s)
therefrom, revocation of permits by the City, or cost recovery hearing.
B. Costs shall begin to accrue at the time the City first receives a complaint
regarding a nuisance and may be recovered by the City even if the nuisance is
voluntarily abated, in which case the City shall be deemed the prevailing party.
C.
Costs shall be assessed at
the conclusion of
the abatement; provided,
however,
if an abatement by any method
takes more than
six months, costs may be
assessed
at any time
after six months,
but
not more than two
times a year.
D. The City Manager or designee shall serve the person who or entity that
created, caused, permitted or maintained the public nuisance, as well as the record
property owner, with a statement of costs of abatement.
E. The person receiving the statement of costs of abatement, and the owner
of the property on which the nuisance existed, if different, may file with the City Manager
or designee an appeal of said costs within fifteen (15) calendar days of the date of the
statement. Failure to timely appeal shall constitute a waiver of the right to appeal and a
failure to exhaust administrative remedies.
F.
Service of
the statement of costs of
abatement shall be made
by sending
a copy of
the statement
of costs via
certified mail
to the property owner and,
if different,
CITY COUNCIL ORDINANCE NO. 2015 -1333
Page 15 of 26
to the address of the person who or entity that created, caused, permitted or maintained
the public nuisance. Notice shall be deemed complete regardless of actual receipt.
G. Payment of the costs of abatement shall be due on the date of the
statement of costs, unless timely and properly appealed, in which case said costs shall
be stayed until the hearing officer's written decision is made, but shall not be stayed
pending any subsequent appeal.
H. Costs shall become a debt against the property upon which the nuisance
existed, as well as a debt in favor of the City, and jointly and severally, against each
person who or entity that created, caused, permitted or maintained the public nuisance.
8.18.100 Appeal of abatement costs — hearing procedures.
A. If, pursuant section 8.18.090 an appeal is timely filed, the City Manager or
designee shall set a hearing not more than thirty (30) days from receipt of the appeal. If
no such appeal is filed, the right to appeal is deemed waived and the statement of
abatement costs shall be final.
B.
The
City Manager
or
designee shall
notify
the
appealing party of the
hearing
pursuant
to section 8.18.050
at least ten (10)
days
prior
to the hearing date.
C. At the hearing, a neutral hearing officer designated by the City Manager
shall consider all relevant evidence, including but not limited to, applicable staff reports
and any objections or protests raised by any of the persons or entities liable to be
assessed for abatement costs. Thereupon, the hearing officer shall confirm, reverse or
modify the statement of abatement costs, and such decision shall be final and
conclusive, except for judicial review. The rules of evidence shall not apply to this
hearing.
D. The hearing officer shall, within ten (10) days of the hearing, send a copy
of the written notice of decision to the appealing party pursuant to section 8.18.050.
8.18.110 Collection of abatement costs.
The City may collect the debts owed pursuant to this chapter by any means
authorized by law, including but not limited to, the procedures set forth in this chapter, or
filing an action in any court of competent jurisdiction.
8.18.120 Nuisance abatement lien.
A. If abatement costs are not paid when due, the City shall notify the owner
of record of the parcel of land on which the nuisance is created, caused, permitted or
maintained, based on the last equalized assessment roll or the supplemental roll,
whichever is more current, that a nuisance abatement lien will be recorded. The notice
shall specify the amount of the lien, the name of the City, the date of the abatement
order, if any, the street address, the legal description and the assessor's parcel number
of the parcel on which the lien is imposed, and the name and address of the recorded
CITY COUNCIL ORDINANCE NO. 2015 -1333
Page 16 of 26
owner of the parcel. The notice shall be served in accordance with section 8.18.050 but
if the owner of record, after diligent search cannot be found, notice may be served by
posting a copy thereof in a conspicuous place upon the property for a period of ten (10)
days and publication thereof in a newspaper of general circulation in the County of
Riverside.
B. After the notice of lien is served pursuant to this section, the notice of lien
shall be recorded in the Riverside County recorder's office and shall thereafter
constitute a lien on the property for the expense of the abatement, the related
administrative costs and any applicable interest charges.
C.
In the event the
lien is
discharged, released or satisfied, either through
payment
or foreclosure, notice
of the
discharge containing the same information as the
notice
of
lien
shall
be recorded
in the
Riverside
County recorder's
office.
D. The City may foreclose on the nuisance abatement lien as provided by
law.
E. Such notice of lien for recordation shall be in the form substantially as
follows:
NOTICE OF LIEN
Claim of the City of Lake Elsinore
Pursuant to Chapter 8.18 of the Lake Elsinore Municipal Code, the City of Lake
Elsinore did on or about the day of 20_, take action
to abate a public nuisance on the real property described below. The City has
assessed the cost of such abatement upon the property, and the same has not been
fully paid. The City hereby claims a lien in the amount of $ , and the
same shall be a lien upon the real property until paid in full and discharged of record.
The real property hereinabove mentioned, and upon which a lien is claimed, is
that certain parcel of land lying and being in the City of Lake Elsinore, County of
Riverside, State of California, particularly described as follows:
(Legal Description)
Dated this day of 20_
City Manager, City of Lake Elsinore
(ACKNOWLEDGEMENT)
CITY COUNCIL ORDINANCE NO. 2015 -1333
Page 17 of 26
8.18.130 Special assessment alternative.
A. As an alternative to a nuisance abatement lien as set forth in section
8.18.120, the City may use a special assessment procedure to collect the abatement
costs. The total cost for abating such nuisance, shall constitute a special assessment
against the respective parcel of land to which it relates, and upon recordation in the
office of the county recorder of a notice of lien, as so made and confirmed, shall
constitute a lien on said property for the amount of such assessment.
B. The City shall notify the owner of record of the parcel of land on which the
nuisance is created, caused, permitted or maintained, based on the last equalized
assessment roll or the supplemental roll, whichever is more current, of the special
assessment. The notice shall specify the amount of the assessment, the name of the
city, the date of the abatement order, if any, the street address, the legal description and
the assessor's parcel number of the parcel on which the assessment is imposed, and
the name and address of the recorded owner of the parcel. The notice shall specify that
the property may be sold after three (3) years by the tax collector for the unpaid
delinquent assessments. The notice shall be served by certified mail to the property
owner, if the owner's identity can be determined from the county assessor's or county
recorder's records.
C. After recordation, a copy of the notice may be turned over to the tax
collector for the County, whereupon the tax collector shall add the amounts of the
respective assessments to the next regular tax bills levied against said respective lots
and parcels of land for municipal purposes, and thereafter said amounts shall be
collected at the same time and in the same manner as ordinary municipal taxes are
collected, and shall be subject to the same penalties and the same procedure under
foreclosure and sale in case of delinquency as provided for ordinary municipal taxes.
D.
After
such recordation, such
lien may be foreclosed by judicial or other
sale
in the
manner
and means provided
by
law.
8.18.140 Owner's personal obligation.
A. The confirmed cost of abatement of a nuisance upon any lot or parcel of
land shall constitute a personal obligation of the property owner and the city is
authorized to commence an action in any court of competent jurisdiction to collect the
cost of abatement from the property owner.
B. Upon entry of a second or subsequent civil or criminal judgment within a
two -year period finding that an owner of property is responsible for a condition that may
be abated in accordance with this chapter, except for conditions abated pursuant to
Section 17980 of the California Health and Safety Code, the court may order the owner
to pay treble the costs of the abatement.
CITY COUNCIL ORDINANCE NO. 2015 -1333
Page 18 of 26
8.18.150 Abandoned, wrecked, dismantled or inoperative vehicles and
parts.
A. The following procedures are adopted from the California Vehicle Code,
sections 22660 et seq. and are established as the procedures for the abatement and
removal as public nuisances of abandoned, wrecked, dismantled or inoperative vehicles
or parts thereof from private property or public property, not including highways and for
the recovery or assumption by the City, of costs of administration and removal thereof.
The following procedures are to be used compatibly and as an additional remedy with
the foregoing sections of this chapter, but shall take precedence wherever a conflict
occurs.
B. At least 10 days' notice of intent to abate and remove the vehicle shall be
sent to the owner of the property on which the vehicle is located and to the last
registered or legal owner of record of the vehicle, if able to be determined, by certified
mail, unless the vehicle is in such condition that identification numbers are not available
to determine ownership.
C. The notice shall include a description of the vehicle, the correct
identification number and license number of the vehicle insofar as they are available.
D. The notice shall contain a statement that the owner of the property on
which the vehicle is located and the owner of the vehicle may appeal the notice within
fifteen (15) calendar days of the date of the notice by filing an appeal with the City
Manager or designee. The appeal procedures shall be governed by section 8.16.100 of
this chapter. Failure to timely file an appeal shall constitute a waiver of the right to
appeal and a failure to exhaust administrative remedies.
E. The owner of the land on which the vehicle is located may appear in
person at the hearing or present a written statement in time for consideration at the
hearing, and deny responsibility for the presence of the vehicle on the land along with
his reasons for such denial. If it is determined at the hearing that the vehicle was placed
on the land without the consent of the land owner and that he has not subsequently
acquiesced in its presence, then the City shall not assess costs of administration or
removal of the vehicle against the property upon which the vehicle is located or
otherwise attempt to collect such costs from the owner. It shall be land owner's burden
to prove that he or she did not consent or acquiesce to the presence of the vehicle or
part thereof on their land.
F. Vehicles or parts thereof may be disposed of by removal to a scrap yard,
automobile dismantler's yard or any suitable site operated by the City for processing
scrap or by any other final disposition consistent with these provisions.
G. Any person authorized by the City to administer this chapter may enter
upon private property, subject to requirements of the law, for the purposes specified in
the chapter to examine vehicles or parts thereof, obtain information as to the identity of
the vehicle and to remove or cause the removal of any vehicle or part thereof declared
to be a nuisance pursuant to this chapter.
CITY COUNCIL ORDINANCE NO. 2015 -1333
Page 19 of 26
H. A certified copy of the order of disposition of the vehicle or parts thereof
shall be given to and retained by any person or commercial organization making a final
disposition of the vehicle or parts thereof and said order shall be retained by them in
their business records.
I. After a vehicle has been removed as a public nuisance, it shall be
destroyed and under no circumstances shall the vehicle be reconstructed or made
operable.
J. This chapter shall not apply to a vehicle or other personal property
mentioned herein which is completely enclosed within a building in a lawful manner
where it is not visible from the street or other public or private property, or a vehicle or
- other personal property which is stored or parked in a lawful manner on private property
in connection with the business of a licensed dismantler, licensed vehicle dealer or a
junkyard; provided, however, that this exception shall not authorize the maintenance of
a public or private nuisance as defined under the provisions of this chapter or any other
law.
K. This chapter shall be administered by regularly salaried, full -time
employees of the City except that actual abatement of the nuisance and removal of any
and all items constituting a nuisance hereunder may be by any other duly authorized
person.
L. Within five days after removal of any motor vehicle under this chapter,
notice shall be given to the Department of Motor Vehicles of the date of removal,
disposition thereof and identity of the vehicle or parts. In addition, all evidence of
registration available including registration certificate, license plates and certificates of
title shall be forwarded to the Department of Motor Vehicles as soon as possible.
M.
The City
may recover any costs incurred
in enforcing these provisions in
the
manner
provided in
sections
8.18.110
from the
through 8.18.130.
guilty of
8.18.160 Additional violations.
A. Any violation of this chapter shall constitute a misdemeanor punishable in
accordance with chapter 1.16 of this code, and each day or portion thereof on which a
violation occurs or is maintained shall constitute a separate and distinct violation.
B. Any occupant of any building or structure who fails to vacate the building
or structure in accordance with a notice given as provided in this chapter is guilty of a
misdemeanor.
C.
Any person who removes any
notice
or order posted pursuant in this
Chapter
without authorization
from the
City is
guilty of
a misdemeanor.
D. Any person who obstructs, impedes or interferes with any representative
of the City in carrying out a lawful inspection, abatement or enforcement activity
pursuant to this code, adopted code or state law, is guilty of a misdemeanor."
CITY COUNCIL ORDINANCE NO, 2015 -1333
Page 20 of 26
8.18.170 Cumulative remedies.
A. Nothing in this chapter shall be deemed to prevent the City from
commencing any appropriate criminal, civil, administrative or other action to abate a
nuisance in addition to, as an alternative to, or in conjunction with the proceedings set
forth in this chapter. These remedies are intended to be cumulative of each other.
B. If the City commences any action to abate a nuisance, the city may
recover its costs and attorney's fees as part of the judgment which may be recorded as
a lien or special assessment against the property and constitute a lien thereon. This
section grants specific authority to any court of competent jurisdiction to grant an award
of costs pursuant to law, and award attorney's fees pursuant to chapter 1.16 of this
code. Failure of a court to award attorney's fees as part of a judgment or enforcement
action does not preclude the City from placing a lien or assessing costs against the
property pursuant to procedures set forth in this chapter."
SECTION 5. Section 9.52.030 of the Lake Elsinore Municipal Code is hereby
amended to read as follows:
"9.52.030 Prohibition.
A.
No
person shall place graffiti on
any public or privately owned property,
including
natural
and manmade objects, within
the city.
B. Pursuant to Government Code section 38772, any person who places
graffiti on any public or privately owned property, including natural and manmade
objects within the city, shall be personally liable for any and all costs incurred in
connection with the removal of any graffiti caused by that person, including all
abatement costs, attorney's fees, court costs, removal costs, costs of repair and /or
replacement, and the law enforcement costs incurred by the city in identifying and
apprehending the person. Such liability shall be a personal obligation and shall
constitute a lien or special assessment on property owned by such person pursuant to
chapter 8.18 of this code. The city is authorized to initiate a legal action to enforce this
section, or to recover these costs by any other means provided by law. Disposition of a
criminal prosecution relating to placement of graffiti does not preclude the city from
seeking full cost recovery as provided herein."
SECTION 6. Section 9.52.040 of the Lake Elsinore Municipal Code is hereby
amended to read as follows:
"A. Access. No person or business engaged in a commercial enterprise shall
display for sale, trade or exchange to the public any aerosol paint containers except in
an area from which access by the public is securely precluded without employee
assistance. Acceptable methods for displaying aerosol paint containers for sale shall be
by containment in: (1) a completely enclosed cabinet or other storage device which
shall, at all times except during access by authorized representatives, remain securely
locked; or (2) an enclosed area behind a sales or service counter from which the public
is precluded from entry. Nothing in this chapter shall relieve such person or business
CITY COUNCIL ORDINANCE NO. 2015 -1333
Page 21 of 26
entity from
complying at all times
with the
requirements of California Penal Code
Section 594.1(c)
legible
sign measuring not less than
by posting
signs as
described
as
therein.
with
B. Storage Requirements. No person or business engaged in the business of
selling, providing or trading aerosol paint containers shall store such containers in an
area accessible to the public.
C. Any person or business engaged
in the
retail sale of aerosol paint
containers must display at a
conspicuous location a
legible
sign measuring not less than
12 inches
by 12
as
inches
with
letters at
least one -half
inch in
height which states:
"It is unlawful for any person to sell or give to any individual under the age
of 18 years any implement or other device capable of being used to
deface property. Any person who maliciously defaces real property is
guilty of vandalism which is punishable by a fine, imprisonment, or both."
D. It shall be unlawful for any person or business to sell, exchange, give, or
loan, or cause or permit to be sold, exchanged, given, or loaned, any graffiti implements
to a minor, unless such minor is in the presence of the minor's responsible adult.
E. It shall be unlawful for a minor to purchase or otherwise obtain any graffiti
implements unless such minor is in the presence of the minor's responsible adult.
F. Any person or business offering aerosol paint containers for sale to the
public shall keep a log of the name, address and driver's license number of any person
purchasing three or more aerosol paint containers.
G. Any business violating this section shall be subject to suspension,
revocation or nonrenewal of its City business license, in addition to any other penalties
provided by this code."
SECTION
7.
Section 9.52.110
of the Lake Elsinore Municipal Code is hereby
amended
to read
as
follows:
"9.52.110 Parental and minor liability.
Pursuant to California Civil Code Section 1714.1(b) and Government Code
Section 38772, any parent or legal guardian having custody or control of a minor who
places graffiti on any public or privately owned property within the city shall be jointly
and severally liable with such minor for any and all costs incurred in connection with the
removal of any graffiti caused by the minor, including but not limited to: all abatement
costs, attorney's fees, court costs, removal costs, costs of repair and /or replacement
and law enforcement costs incurred by the city in identifying and apprehending the
minor. The liability of each parent or guardian shall not exceed the amount set by the
California Judicial Council in accordance with California Civil Code Section 1714.1(c).
Such liability shall be a personal obligation of each parent or guardian and shall
constitute a lien or special assessment on property owned by each parent or guardian.
The city is authorized to initiate legal action to enforce this section, or to recover these
CITY COUNCIL ORDINANCE NO. 2015 -1333
Page 22 of 26
costs by any other means provided by law. Disposition of a criminal prosecution relating
to placement of graffiti does not preclude the city from seeking full cost recovery as
provided herein."
SECTION 8. Section 9.52.120 of the Lake Elsinore Municipal Code is hereby
added to read as follows:
"9.52.120 Determination of liability.
Liability of a minor or any other person for placement of graffiti may be
determined by any confession or admission, or any guilty plea, nolo contendere plea, or
conviction regarding any violation of the Penal Code relating to graffiti or any other
federal, state or local graffiti law relating to graffiti."
SECTION
9. Section
9.52.130 of the Lake Elsinore Municipal
Code is hereby
added to read
as
follows:
"9.52.130 Penalties.
A. Any person violating any provision of this chapter, or failing to comply with
any of its requirements, shall be deemed guilty of a misdemeanor punishable in
accordance with section 1.16.010 of this code. It shall constitute a separate offense for
each and every day or any portion thereof during which any violation of this chapter is
committed, continued, maintained or permitted.
B. Upon the entry of a second or subsequent civil or criminal judgment within
a two (2) year period finding an owner of property, minor or other person is responsible
for a condition that may be abated in accordance with this chapter, the City may request
the court order treble damages pursuant to Government Code Section 38773.7.
C. Any person who places graffiti on any public or privately owned property,
including natural and manmade objects within the City, shall be liable for a civil penalty
not to exceed one thousand dollars ($1,000.00) for each violation. The civil penalty
prescribed may be sought in addition to any other remedy. The City is authorized to
seek recovery by any means authorized by law. The parent or legal guardian having
custody and control of the minor offender shall be jointly and severally liable with the
minor.
D. Notwithstanding the penalties set forth in this section, any person who
defaces property with graffiti implement is guilty of vandalism, pursuant to Section 594
of the California Penal Code, and upon conviction thereof shall be punishable by
imprisonment in the State prison or in a County jail for a period not to exceed one year
or by a fine of $5,000, but no more than $50,000 depending upon the severity and the
amount of the defacement or by both such fine and imprisonment.
E. The remedies provided in this chapter are intended to be cumulative.
Nothing in this chapter shall be deemed to prevent the City from commencing a civil,
criminal or administrative proceeding to abate a public nuisance or obtain cost recovery
CITY COUNCIL ORDINANCE NO, 2015 -1333
Page 23 of 26
as provided herein, from pursuing any other means available to it under provisions of
applicable ordinances or state law, in addition to or as alternatives to the proceedings
set forth herein."
SECTION 10, Chapter 9.80 is hereby added to the Lake Elsinore Municipal
Code to read as follows:
"Chapter 9.80 SOCIAL HOST OBLIGATIONS
9.80.010 Definitions.
9.80.020 Social host obligations.
9.80.030 Enforcement.
9.80.010 Definitions.
As used in this chapter, the following terms and phrases have the meaning set
forth below:
A. "Alcohol." Shall have the same meaning as in Business and Professions
Code Section 23003 or any successor statute.
B.
"Alcoholic beverage."
Shall have the
same meaning as in Business and
Professions
Code
Section 23004 or
any successor
statute.
C. "Consume or consumption." To use, eat, drink, absorb, smoke or ingest.
D. "Controlled substance" Any drug or substance, including marijuana, whose
possession and /or use are regulated under the California Uniform Controlled
Substances Act codified at Health and Safety Code sections 11000 et seq., or any
successor statute, or illegal under the laws of the State of California as defined under
the Penal Code and any related statutes. Such term shall not include any drug or
substance otherwise legally possessed or consumed.
E. "Event." A party, gathering, or event where a group of two (2) or more
persons have assembled or are assembling for a social occasion or for a social activity
at a residence or other private property or public property.
F. "Legal guardian." Either of the following: (i) a person who, under court
order, is the guardian of the person of a minor; or (ii) a public or private agency with
whom a minor has been placed by the court.
G. "Minor." For purposes of this chapter only, any person under twenty -one
(21) years of age.
H. 'Parents" A person who is a natural parent, adoptive parent, or step-
parent of a minor.
CITY COUNCIL ORDINANCE NO. 2015 -1333
Page 24 of 26
I. "Public place." Any place in which the public or a substantial group of the
public has access, including but limited to, streets, highways, parks, common area
developments and common areas inside of country clubs and gated communities.
J. 'Residence or other private property." A home, yard, apartment,
condominium, hotel or motel room, or other dwelling unit, or a hall or meeting room,
whether occupied on a temporary or permanent basis, whether occupied as a dwelling,
party or other social function, and whether owned, leased, rented, or used with or
without compensation.
9.80.020 Social host obligations.
A. Except as permitted by Article 1, Section 4, of the California Constitution, it
is unlawful for any person(s) to conduct, permit, allow, or host an event at his or her
place of residence or other private property or host an event at a public place under his
or her control where alcoholic beverages or controlled substances are being consumed
or have been consumed by a minor, when said person either knows or reasonably
should know that a minor has consumed an alcoholic beverage, marijuana or other
controlled substance. Whenever such person is present during such an event where
alcoholic beverages, marijuana or other controlled substances are being served to,
possessed by or consumed by a minor, it shall be a rebuttable presumption that the
person has actual or constructive knowledge that a minor has consumed an alcoholic
beverage, marijuana or other controlled substance if the person has not taken all
reasonable steps necessary to prevent such consumption, as set forth in division (B)
below.
B. It is the duty of any person who permits, allows or hosts an event at his or
her place of residence or other private property or hosts an event at a public place
under his or her control, where minors will be present, to take all reasonable steps to
prevent the illegal consumption by, and service of, alcoholic beverages, marijuana and
other controlled substances to minors. Reasonable steps shall, at a minimum, include
all of the following:
1. Verifying the age of persons attending the event by inspecting driver
licenses or other government- issued identification cards;
2. Controlling access to alcoholic beverages or controlled substances
present at the event;
3. Controlling the quantity of alcoholic beverages present at the event;
4. Prohibiting the possession, service, and /or use of marijuana or other
controlled substances at the event; and
5. Supervising the activities of minors at the event.
C. A person who permits, allows or hosts an event shall not be in violation of
this section if he or she seeks immediate assistance from the City police department to
remove any person(s) who refuses to abide by the hosts duty to abide by this chapter
CITY COUNCIL ORDINANCE NO. 2015 -1333
Page 25 of 26
from the event provided that the person has taken all reasonable steps to necessary to
prevent the illegal consumption of alcohol, marijuana or other controlled substances.
D. This section shall not apply to conduct involving the use of alcoholic
beverages, which occurs exclusively between a minor and his or her parent or legal
guardian.
E. This section shall not apply to any premises regulated by the California
Department of Alcoholic Beverage Control.
F. This section shall not apply to conduct involving the use of alcoholic
beverages that occurs exclusively between a minor and his or her parent or legal
guardian, as permitted by Article 1, Section 4, of the California Constitution.
9.80.030 Enforcement.
A. Any violation of this chapter shall constitute a public nuisance, which may
be abated by the City by any means provided by this code or otherwise available at law,
including but not limited to, requiring the gathering to be disbanded.
B. Any person who violates any provision of this chapter shall be guilty of a
misdemeanor, punishable as provided by this code.
C The person responsible for the gathering, the tenant of the premises
where the gathering takes place and the owner of the premises are jointly and severally
liable for the costs of abating a violation of this chapter.
D. The remedies provided in this chapter are intended to be cumulative and
may be used on conjunction with or in lieu of any remedies available to the City."
SECTION 11. Severability. If any section, subsection, sentence, clause, phase,
or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the validity
of the remaining portions of this Ordinance. The City Council hereby declares that it
would have adopted this Ordinance, and each section, subsection, subdivision,
sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more
sections, subsections, subdivisions, sentences, clauses, phrases or portions might
subsequently be declared invalid or unconstitutional.
SECTION 12. CEQA. The City Council finds that this ordinance is not subject to
the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in
the environment) and 15060(c)(3) (the activity is not a project as defined in Section
15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly
or indirectly. Therefore, no environmental assessment is required or necessary.
CITY COUNCIL ORDINANCE NO. 2015 -1333
Page 26 of 26
SECTION 13. Effective Date. This Ordinance shall be posted or published as
required by law and shall take effect thirty (30) days after its adoption.
APPROVED AND INTRODUCED at the regular City Council meeting of the City
of Lake Elsinore, California, on the 10th day of February 0 5, and adopted at the
regular meeting of the 24th day of February 2015.
Mayor
PT EST:
I I A n11A- fA�l�l���n i
Virginia J Tloorr 7ify Clerk
ra Zeid�Leib2fld, City Attorney
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Virginia Bloom, City Clerk of the City of Lake Elsinore, California, hereby certify
that Ordinance No. 2015 -1333 was introduced at the regular City Council
meeting of February 10, 2015, and adopted at the regular meeting of February
24, 2015, by the following roll call vote:
AYES: Council Member Johnson, Mayor Pro Tern Tisdale, Council
Member Magee, and Mayor Manos
NOES: None
ABSENT: Council Member Hickman
I B�TAIty: None
inia .'.doom, /Cjty Clerk