Stockton Municipal Code
Chapter 5
PUBLIC WELFARE, MORALS AND POLICY

Part XXVIII
Community Safety Ordinance

SEC. 5-1200. SHORT TITLE:
This Division shall be known as the "Community Safety Ordinance."
(Added by Urgency Ordinance 002-07C.S. – Effective January 30, 2007)

SEC. 5-1201. FINDINGS AND PURPOSE:
A. The City Council finds that:
1. Behaviors and activities of a person(s) on real property within the City may constitute a public nuisance and thereby a significant risk to public safety when such behaviors and activities are associated with the ongoing occurrence of criminal activity.
2. Each Owner of real property within the City is responsible for monitoring his/her Property and for taking appropriate and reasonable action to prevent or address behaviors or activities occurring on his/her Property that contribute to crime or create public nuisances. When a Property Owner, after receiving notice hereunder, fails to take appropriate and reasonable action to prevent and/or address such behaviors and activities it is necessary for the health, safety, and welfare of the neighborhoods and the City as a whole, that the City is able to undertake administrative or judicial action.
3. Because behaviors and activities that are associated with the ongoing occurrence of criminal activity or crime have a substantial negative impact upon individuals, neighborhoods, and the City as a whole, the City Council, in adopting this Part, finds the administrative penalties imposed for a violation of this Part are justified and necessary to protect the property, health, safety, and welfare of this community.
4. Community safety must be protected in a way that does not result in housing discrimination or evictions based upon prejudice, unsubstantiated fear, or personal animosities. Nothing in this Part exempts Property Owners from strict compliance with state and federal housing laws, including, but not limited to, laws regarding evictions, retaliatory or discriminatory conduct, or invasion of privacy.
5. Chronic nuisance properties have a tremendous negative impact upon the quality of life, safety, and health of neighborhoods where they are located. This Part is enacted to remedy nuisance properties by providing a process for abatement; and this remedy is not an exclusive remedy available under any state or local laws and may be used in conjunction with such other laws.
6. Also, chronic nuisance properties are a financial burden to the City by the repeated calls for service to the properties, because of the nuisance activities that repeatedly occur or exist on such property, and this Part is a means to ameliorate those conditions and hold responsible the owner or persons in charge of such property.
B. Based on these findings, the purpose of this Part is:
1. To provide administrative and civil remedies against Property Owners who permit, allow, or fail to prevent ongoing behaviors and activities to occur on their properties that compromise public safety.
2. It is not the purpose of this Part to subject Property Owners to any legal liability resulting from a tenant’s actions occurring away from the Owner’s property.
(Added by Urgency Ordinance 002-07C.S. – Effective January 30, 2007)

SEC. 5-1202. DEFINITIONS:
A. “Administrative expenses” shall include, but not be limited to:
1. The costs associated with any hearings before a Hearing Officer.
2. City’s personnel costs, direct and indirect, incurred in enforcing this Part and in preparing for, participating in or conducting any hearings subject to this Part, including but not limited to attorney’s fees.
3. The cost incurred by the City in documenting the safety violations, including but not limited to, the actual expense and costs of the City responding to the safety violation(s); investigating and enforcing statutory crimes related to the safety violation, including, but not limited to, court appearances; conducting inspections; attending hearings; and preparing notices, administrative citations, and orders.
B. “Chief of Police” shall mean the Chief of Police or his/her designee.
C. “City” shall mean the City of Stockton.
D. “Drug-related nuisance” means any activity related to the possession, sale, use, or manufacturing of an illegal drug or narcotic that creates an unreasonable interference with the comfortable enjoyment of life, property, or the safety and welfare of the residents of the property, the neighborhood, or the public. These activities include, but are not limited to, any activity commonly associated with illegal drug use and dealing, such as noise, steady foot and vehicle traffic day and night to a particular property, possession of weapons, drug loitering (as defined in California Health and Safety Code section 11532), possession of stolen property, identity theft, possession of property with serial numbers removed, evidence of forgery or fraud, or other drug-related activities.
E. “Enforcement Officer” shall mean any person authorized by the Chief of Police pursuant to this ordinance to enforce violations of this Part.
F. “Gang-related crime” means any crime motivated by gang membership in which the perpetrator, victim, or intended victim is a known member of a gang.
G. “Hearing Officer” shall mean any person appointed by the City Manager to preside over the administrative hearings pursuant to this Part.
H. “Owner” and “Property Owner” have the same meaning and may be used interchangeably and shall mean the owner or owners of record of the subject real property as shown on the latest equalized tax assessment role of San Joaquin County or as otherwise actually known to the Chief of Police.
I. “Person” means individual(s), corporations, associations, partnerships, limited liability companies, trustees, lessees, agents and assignees.
J. “Real Property” or “Property” have the same meaning and may be used interchangeably and shall mean the lot or parcel of land for which the Owner has legal ownership or exercises custody or control thereof.
K. “Tenant” or “Occupant” have the same meaning and may be used interchangeably and shall mean that person(s), visitor(s), or transient(s) utilizing, leasing, residing at, or occupying the Real Property in question regardless of whether a lease or contract exists between the parties; such occupancy may last for any limited period of time.
(Added by Urgency Ordinance 002-07C.S. – Effective January 30, 2007)

SEC. 5-1203. SCOPE OF APPLICATION:
A. The provisions of this Part shall apply to all Real Property whether owner occupied or a rental Property, whether residential, commercial, industrial, improved, or unimproved, throughout the City wherein any of the Safety Violations are found to exist.
B. A criminal conviction is not required for establishing the occurrence of a Safety Violation pursuant to this Part.
C. The remedies set forth in this Part are cumulative and additional to any and all other legal remedies available whether set forth elsewhere in the Stockton Municipal Code, or in state or federal laws, regulations, or case law.
(Added by Urgency Ordinance 002-07C.S. – Effective January 30, 2007)

SEC. 5-1204. DUAL RESPONSIBILITY:
A. Every Person owning, possessing, or having charge or control of Real Property within the City is required to manage that Property and control the environment thereon in a manner so as not to violate the provisions of this Part. The Owner of Real Property shall be liable for Safety Violations as set forth in detail herein, regardless of any contract or agreement with any third party regarding the Property.
B. Every Tenant, Occupant, lessee, or holder of any possessory interest in Real Property shall:
1. Comply with all federal, state, and local laws applicable to the Property.
2. Supervise or cause to be supervised anyone utilizing, residing at, or occupying the Property, with or without the consent of the Owner, consistent with this Part.
3. Maintain the Property in a manner so as not to violate the provisions of this Part.
(Added by Urgency Ordinance 002-07C.S. – Effective January 30, 2007)

SEC. 5-1205. AUTHORITY:
The Chief of Police shall be responsible for administering and enforcing the provisions of this chapter. The Chief of Police shall have the authority to designate employees as Enforcement Officers in conformance with this chapter to assist with enforcement responsibilities of this Part, including, but not limited to, the issuance of administrative citations.
(Added by Urgency Ordinance 002-07C.S. – Effective January 30, 2007)

SEC. 5-1206. SAFETY VIOLATIONS PROHIBITED:
It is hereby declared a violation of this chapter for a Property Owner with actual or constructive knowledge, whether through the Owner or Owner’s agent, lessee, sub-lessor, sub-lessee, or Occupant, to allow, permit or fail to prevent a Safety Violation (as defined herein) to occur on the Real Property of the Owner on a repeated basis or after receipt of a notice as set forth herein. A Safety Violation consists of any of the following activities or behaviors:
A. Evidence of the illegal manufacture, cultivation, sale, use, or possession of controlled substances or other illegal drugs and substances, including paraphernalia, evidenced by the arrest of one or more persons.
B. Any drug-related nuisance occurring within one year of an arrest on the premises for a Safety Violation defined in (A) above.
C. Any act of prostitution evidenced by the arrest of one or more persons.
D. Any gang-related crime.
E. The unlawful possession, discharging, or brandishing of a firearm or weapon by any person.
F. Violent criminal acts, whether or not a criminal case is filed, including, but not limited to, rape, attempted rape, robbery, battery, homicide, shootings, kidnapping, or arson.
G. Disturbances occurring at parties or gatherings at which alcohol or drugs are consumed or used by minors and/or crimes of violence have occurred.
H. Allowing the occupancy load to exceed the permitted number within a Public Assembly, as established by the California Building Code, when alcohol and/or drugs are being consumed or accessible to the gathering.
I. Possession of child pornography.
J. The occurrence of any other criminal activity not specified above (A through J), which threatens the life, health, safety, or welfare of residents of the property, the neighborhood, or the public.
(Added by Urgency Ordinance 002-07C.S. – Effective January 30, 2007)

SEC. 5-1207. NOTICE TO PROPERTY OWNER:
A. To commence enforcement of this Part, the Chief of Police shall, within a reasonable period of time from the date of a Safety Violation as defined herein, notify the Property Owner of the occurrence of a Safety Violation on the Owner’s Property. The notice shall be served on in accordance with Stockton Municipal Code section 1-018.
B. When the Chief of Police notifies an Owner of Rental Property of a Safety Violation allegedly caused by a specific Tenant or the Tenants of a specific unit or Property, the Chief of Police may concurrently give written notice thereof to the property manager, when one is known, and the specific Tenant(s) of a unit or Property.
C. The notice shall also contain the following information:
1. The address where the Safety Violation is occurring.
2. A statement specifying the activities and behaviors which constitute the Safety Violation, including the names (when known) of the Person or Persons allegedly causing the Safety Violation, and may include reasonable actions which the Chief of Police directs the Property Owner to take to abate the violation.
3. A statement informing the Owner that if any Safety Violations reoccur after thirty (30) calendar days of the date of notice, administrative citation, including a penalty not to exceed one thousand dollars ($1,000) for each new Safety Violation that occurs, may be issued and imposed upon the Owner and, if not paid, it shall become a special assessment against the Property, as set forth below.
4. A statement that the Owner must, in responding to the notice and working with Tenants, comply with all applicable federal, state and local regulations relating to evictions and prohibitions against discrimination.
D. After an initial notice, City shall not be responsible for providing notice pursuant to this section prior to issuance of a citation for subsequent Safety Violations on the same Property that occur within the latter of (1) three hundred sixty-five (365) days of mailing or publication of the initial notice or; (2) that occur within three hundred sixty-five (365) days following the Hearing Officer’s decision pursuant to Stockton Municipal Code section 1-026.
(Added by Urgency Ordinance 002-07C.S. – Effective January 30, 2007)

SEC. 5-1208. SAFETY VIOLATION ENFORCEMENT AND FINES:
A. Any violation of Section 5-1206 of this Part may result in any or all of the following actions and/or fines:
1. A misdemeanor punishable by either six (6) months in jail, and/or $1,000 fine;
2. Institution of a civil action by the City Attorney, or his or her designee as set forth in Section 5-1209 below;
3. Issuance of administrative citation(s) and/or an order to abate the Safety Violation(s) with a fine for each and every Safety Violation of One Thousand Dollars ($1,000), plus any Administrative Expenses incurred in the enforcement of this Part;
4. Administrative injunction ordering the action constituting a Safety Violation to immediately cease and desist; such an order may require an order that the property be immediately vacated to protect the health and welfare of the community.
5. In addition to all other remedies or penalties provided by law, violation of any of the sections contained in this Part are punishable in the same manner as set forth in section 1-053, et seq., as follows:
i. $200 administrative citation for the first violation;
ii. $500 administrative citation for the second and subsequent violations.
B. Each day the Safety Violation(s) continue shall be deemed a new violation subject to additional citations, penalties, and fines.
C. Violation of any section of this Part may be filed as an infraction or a misdemeanor at the discretion of the City Attorney.
D. All fines shall be the obligation of the Owner and are due and payable within thirty (30) days of issuance of the citation, provided that when a request for a hearing is made, the fines and Administrative Expenses shall be due and payable within thirty (30) days of the date of the Hearing Officer’s written decision. Any fine or Administrative Expense not paid within the time limits set forth shall be collected pursuant to Chapter 1 of the Stockton Municipal Code.
(Added by Urgency Ordinance 002-07C.S. – Effective January 30, 2007)

SEC. 5-1209. CIVIL PENALTIES:
A. In addition to the enforcement and fines described herein, the City Attorney may bring a civil action for injunctive relief and civil penalties pursuant to SMC §§ 1-010.3, 1-010.4, and 1-010.6, against any Owner who violates this Part.
B. In any civil action brought pursuant to this Part, the court may award reasonable attorney fees and costs to the prevailing party.
(Added by Urgency Ordinance 002-07C.S. – Effective January 30, 2007)

SEC. 5-1210. RIGHT TO A HEARING:
A. The Property Owner has the right to request a hearing in response to a citation issued pursuant to Stockton Municipal Code Chapter 1, Division 7, et seq.
B. All aspects of the hearing shall be conducted pursuant to Stockton Municipal Code, Chapter 1, Division 7, et seq.
(Added by Urgency Ordinance 002-07C.S. – Effective January 30, 2007)