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LOS ANGELES, CALIFORNIA

City of Los Angeles Municipal Code - 03/31/99

CHAPTER IV - PUBLIC WELFARE

ARTICLE 7 - MISCELLANEOUS

SEC. 47.50. NARCOTICS AND GANG-RELATED CRIME EVICTION PROGRAM

(Added by Ord. No. 171,443, Eff. 1/19/97.)

A.  DEFINITIONS

For the purposes of this section, the definitions in Section 12.03 of this Code and the following definitions shall apply:

CONTROLLED SUBSTANCE.  A drug, substance, or immediate precursor, as listed in the Uniform Controlled Substances Act, Health and Safety Code Section 11000 et seq.

DRUG-RELATED NUISANCE.  Any activity related to the possession, sale, use or manufacturing of a controlled substance that creates an unreasonable interference with the comfortable enjoyment of life, property and safety of other residents of the premises or within a 1000 foot radius from the boundary line of the premises.  Such activity includes, but is not limited to, any activity commonly associated with illegal drug dealing, such as noise, steady traffic day and night to a particular unit, barricaded units, sighting of weapons, drug loitering as defined in Health and Safety Code Section 11532, or other drug-related circumstances.

GANG-RELATED CRIME.  Any crime in which the perpetrator is a known member of a gang, or any crime motivated by gang membership in which the victim or the intended victim of the crime is a known member of a gang

ILLEGAL DRUG ACTIVITY.  A violation of any of the provisions of Chapter 6 (commencing with Section 11350) or Chapter 6.5 (commencing with Section 11400) of the Health and Safety Code.

LANDLORD.  An owner, lessor, or sublessor, (including any person, firm, corporation, partnership, or other entity) who receives or is entitled to receive rent for the use of any rental unit, or the agent, representative or successor of any of the foregoing.

City of Los Angeles Municipal Code - 03/31/99  

CHAPTER IX - Building Regulations

ARTICLE 1 - Buildings [Building Code] (Article I, Chapter IX, Amended by Ordinance No. 170,953, Eff. 3/17/96, Oper. 1/1/96, incorporating by reference portions of the 1994 Edition of the Uniform Building Code and the 1995 Edition of the California Building Code.)

SEC. 91.8904. SPECIAL PROVISIONS FOR VACANT PROPERTY GRAFFITI REMOVAL

91.8904.2.1 (Amended by Ord. No. 172,413, Eff. 2/20/99.)  

Any vacant buildings open to unauthorized entry, which become fire damaged or used repeatedly by vagrants and gang members or for other illegal purposes without the owner’s permission, constitute a public nuisance.  The expeditious repair or demolition of such vacant buildings and attached or detached appurtenances is essential in order to eliminate fire hazards, and public nuisance conditions which adversely affect the public safety and have a blighting effect on the neighborhood.  It is the purpose of this section to establish a fair and expeditious procedure which may be used in connection with those buildings and attached or detached appurtenances.

91.8904.2.2.  Procedures

The Department may declare a vacant building to be a public nuisance building under the following circumstances:

1.  The vacant building has been secured pursuant to Section 91.8904.1; and

2.  It has subsequently become open to unauthorized entry; and

3.  It has become fire damaged or is used repeatedly without the owner’s permission by vagrants, criminals, or gangs or for other illegal purposes.

If the Department determines that a vacant building is a public nuisance building as defined in this section, then the Department may proceed to abate the public nuisance building utilizing the procedures set forth in Sections 91.8907.2, 91.8907.3 and 91.8907.4 of this Code.  The cost of any work done by the City or its contractor to abate the nuisance may be assessed against the property in accordance with the procedures set forth in Section 91.8906.

A copy of any order issued pursuant to this section shall be provided to the Fire Department and Police Department.

City of Los Angeles Municipal Code - 03/31/99  

CHAPTER XV - RENT STABILIZATION ORDINANCE (Added by Ord. No. 152,120, Eff. 4/21/79, Oper. 5/1/79.)

ARTICLE I

SEC. 151.09. EVICTIONS   

The term “nuisance” as used in this subdivision includes, but is not limited to, any gang-related crime, any documented activity commonly associated with illegal drug dealing, such as complaints of noise, steady traffic day and night to a particular unit, barricaded units, sighting of weapons, drug loitering as defined in Health and Safety Code Section 11532, or other drug related circumstances brought to the attention of the landlord by other tenants, persons within the community, law enforcement agencies or prosecution agencies.  For purposes of this subdivision, gang-related crime is any crime in which the perpetrator is a known member of a gang, or any crime motivated by gang membership in which the victim or intended victim of the crime is a known member of a gang.  (Amended by Ord. No. 171,442, Eff. 1/19/97.)  The tenant is using, or permitting a rental unit, the common areas of the rental complex containing the rental unit, or an area within a 1,000 foot radius from the boundary line of the rental complex to be used for any illegal purpose.

The term “illegal purpose” as used in this subdivision includes, but is not limited to, violations of any of the provisions of Chapter 6 (commencing with Section 11350) or Chapter 6.5 (commencing with section 11400) of the Health and Safety Code.

5.  The tenant, who had a written lease or rental agreement which terminated on or after the effective date of this chapter, has refused, after written request or demand by the landlord to execute a written extension or renewal thereof for a further term of like duration with similar provisions and in such terms as are not inconsistent with or violative of any provision of this chapter or any other provision of law.

6.  The tenant has refused the landlord reasonable access to the unit for the purpose of making repairs or improvements, or for the purpose of inspection as permitted or required by the lease or by law, or for the purpose of showing the rental unit to any prospective purchaser or mortgagee.

7.  The person in possession of the rental unit at the end of a lease term is a subtenant not approved by the landlord.

8.  (Amended by Ord. No. 166,130, Eff. 9/16/90.)  The landlord seeks in good faith to recover possession of the rental unit for use and occupancy by:

a.  The landlord, or the landlord’s spouse, children, or parents, provided the landlord is a natural person. However, a landlord may use this ground to recover possession for use and occupancy by the landlord, landlord’s spouse, child or parent only once for that person in each rental complex of the landlord; or

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DENVER, COLORADO

REVISED MUNICIPAL CODE City and County of DENVER, COLORADO  Codified through Ordinance No. 104-99, adopted February 8, 1999. 

TITLE II  REVISED MUNICIPAL CODE

Chapter 37  NUISANCES

ARTICLE II.  PUBLIC NUISANCE OFFENSES*

Sec. 37-50. Definitions

(a) Gang related criminal activity: means any criminal violation of federal law, state law, or City Code committed by two (2) or more persons, acting jointly, through a conspiracy, or in complicity, where those persons are members of the same association or organization which has as one (1) of its purposes the commission of crime.

(b) Parcel: means any lot or other unit of real property or any combination of contiguous lots or units owned by the same person or entity;

(c) Public nuisance, Class one (1): any parcel of real property, personal property, or vehicle on or in which any of the following illegal activities occurs, or which is used to commit, conduct, promote, facilitate, or aid the commission of or flight from any of the following activities. For purposes of this section, the illegal activity shall have the same definition as that contained in the section of the Colorado Revised Statutes (C.R.S.), as amended, or the section of the Denver Revised Municipal Code, as amended, listed after the illegal activity:

1. Prostitution, 18-7-201, C.R.S.; soliciting for prostitution, 18-7-202, C.R.S.; pandering, 18-7-203, C.R.S.; keeping a place of prostitution, 18-7-204, C.R.S.; or pimping, 18-7-206, C.R.S.; or

2. Professional gambling, 18-10-102(8), C.R.S.; maintaining a gambling premises, 18-10-102(5), C.R.S.; or keeping of a gambling device or record, 18-10-102(7), C.R.S.; or

3. Unlawful manufacture, cultivation, growth, production, processing, sale, distribution, storage, use, transportation, or possession of any controlled substance, Sections 18-18-102, 18-18-104, 18-18-404, 18-18-405, 18-18-406, C.R.S.; any imitation controlled substance, Sections 18-18-420(3) and 18-18-421, 18-18-422, C.R.S.; or any counterfeit controlled substance, Section 18-18-423, except for simple possession of less than eight (8) ounces of marijuana; or

4. Felony or misdemeanor theft by receiving, 18-4-410, C.R.S.; or

5. Unlawful manufacture, sale, advertisement, or distribution of drug paraphernalia, Sections 18-18-426, 18-18-427, 18-18-429, 18-18-430, C.R.S.; or

6. Prostitution of a child, 18-7-401, C.R.S.; soliciting for child prostitution, 18-7-402, C.R.S.; pandering of a child, 18-7-403, C.R.S.; keeping a place of child prostitution, 18-7-404, C.R.S.; pimping of a child, 18-7-405, C.R.S.; or inducement of child prostitution, 18-7-405.5, C.R.S.; or

7. Sexual exploitation of children, 18-6-403, C.R.S.; or

8. Two (2) or more offenses of disturbing the peace, Denver Revised Municipal Code, section 38-89 within any one-hundred-eighty-day period; or

9. Unlawful discharge, possession, carrying, flourishing, concealment, storage, use, or sale of firearms, knives and/or assault weapons, dangerous weapons, or defaced firearms, Denver Revised Municipal Code sections 38-117, 38-119, 38-121, 38-122, and 38-130, and C.R.S Sections 18-12-102, 18-12-103, 18-12-105, 18-12-106, 18-12-108, 18-12-108.5, or any offense relating to incendiary devices, section 38-126, Denver Revised Municipal Code and C.R.S Section 18-12-109; or

10. Any gang-related criminal activity; or

11. Any drive-by crime, Section 16-13-301, C.R.S.; or

12. Four (4) or more offenses within any one-hundred-eighty-day period of selling, serving, giving away, disposing of, exchanging, delivering, or permitting the sale, serving, giving or procuring of any malt, vinous, or spirituous liquor, or fermented malt beverage, to or for any person under lawful age or to a visibly intoxicated person, as prohibited by C.R.S. Sections 12-47-901(1)(a). However, if a person who, in fact, is not of lawful age exhibits a fraudulent proof of age, the selling, serving, procuring, giving away or dispensing of beverages to that person shall not constitute a public nuisance; or

13. The sale at retail of any malt, vinous, or spirituous liquors, or fermented malt beverages in sealed containers, or the manufacture, sale, or possession for sale of any malt, vinous, or spirituous liquors, without holding a valid license in full force and effect to do so under Title 12, Article 47, C.R.S., as prohibited by C.R.S. 12-47-901(1)(f) and (g); or

14. The unlawful transportation or storage of any property that is the subject of a felony theft, misdemeanor theft, or theft by receiving under Title 18, C.R.S.

15. The storage or concealment of weapons or tools used in the commission of crimes of violence, C.R.S. Section 16-11-309, drive-by offenses, C.R.S. Section 16-13-301, or any offense in paragraph (9) above; or

16. Vehicular eluding, C.R.S. Section 18-9-116.5, or eluding or attempting to elude a police officer, C.R.S. Section 42-4-1414.

(d) Public nuisance, Class two: any parcel of real property, personal property, or vehicle, on or in which any of the following illegal activities occur, or used to commit, conduct, promote, facilitate, or aid the commission of any of the following illegal activities. For purposes of this section, the illegal activity shall have the same definition as that contained in the pertinent section of the Colorado Revised Statutes or the Denver Revised Municipal Code listed after the activity:

1. Possession of injection devices, section 38-173, Denver Revised Municipal Code;

2. Two (2) or more offenses within any one-hundred-eighty-day period of prohibited noises, section 38-101, Denver Revised Municipal Code.

(e) Other definitions. The definitions provided in section 37-71 shall also apply to this article II of chapter 37

(Ord. No. 481-98, 1, 7-13-98)

Sec. 37-51. Public nuisances prohibited

It shall be unlawful for any owner, manager, tenant, lessee, occupant, or other person having any legal or equitable interest or right of possession in any real property, vehicle, or personal property, to intentionally, knowingly, recklessly, or negligently commit, conduct, promote, facilitate, permit, fail to prevent, or otherwise let happen, any Class one or Class two public nuisance in, on, or using any property in which they hold any legal or equitable interest or right of possession. Every day on which a violation exists shall constitute a separate violation and offense.

(Ord. No. 481-98, 1, 7-13-98)

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DADE COUNTY (MIAMI), FLORIDA

CODE of METROPOLITAN DADE COUNTY, FLORIDA  Codified through Ord. No. 99-43, enacted July 27, 1999. (Supplement No. 25)

PART III  CODE OF ORDINANCES

Chapter 2  ADMINISTRATION*

ARTICLE XIIIA.  NUISANCE ABATEMENT*  

Sec. 2-98.4. Legislative findings and intent.

This article [Ordinance No. 92-42] is enacted pursuant to the provisions of the Miami-Dade County Home Rule Charter and Florida Statute, Section 893.138, as it may be renumbered or amended from time to time, and shall be known and may be cited as the "Miami-Dade County Public Nuisance Abatement Ordinance."

The Board of County Commissioners of Miami-Dade County, hereby finds and declares that any places or premises which are used as the site of the unlawful sale or delivery of controlled substances, prostitution, youth and street gang activity, gambling, illegal sale or consumption of alcoholic beverages, or lewd or lascivious behavior, may be a public nuisance that adversely affects the public health, safety, morals, and welfare. This Board also finds that abating the public nuisance which results from said criminal activity is necessary to improve the quality of life of the residents of Miami-Dade County and that said abatement will safeguard the public health, safety, and welfare.

This article is hereby declared to be remedial and essential to the public interest and it is intended that this article be liberally construed to effect the purposes as stated above. The provisions of this article and the standards set forth herein shall be applicable only to the unincorporated areas of Miami-Dade County, Florida.

The provisions of this article shall be cumulative and supplemental to and not in derogation of any provision of the Florida Statutes, the Code of Miami-Dade County, or any other applicable law.

(Ord. No. 92-42, 1, 5-19-92)

Sec. 2-98.5. Definitions

For the purpose of this article the following definitions shall apply:

Public nuisance: Any place or premise which has been used on more than two (2) occasions within a twelve-month period:

(1) As the site of the unlawful sale or delivery of controlled substances, or

(2) By a youth and street gang for the purpose of conducting a pattern of youth and street gang activity, or

(3) For prostitution, or solicitation of prostitution, or

(4) For illegal gambling, or

(5) For the illegal sale or consumption of alcoholic beverages, or

(6) For lewd or lascivious behavior, or

(7) Any premise or place declared to be a nuisance by Florida Statute, Section 823.05 or Section 823.10 as they may be renumbered or amended from time to time.

(Ord. No. 92-42, 2, 5-19-92; Ord. No. 95-104, 1, 6-20-95)

Sec. 2-98.6. Operating procedure

Any employee, officer or resident of Miami-Dade County may file a complaint and request for prosecution with the Miami-Dade County Public Nuisance Abatement Board regarding the existence of a public nuisance located within Miami-Dade County. Said complaint shall be filed with the Director of the Miami-Dade Police Department, or his designee. Upon the filing of more than two (2) complaints on any particular place or premises, the Director or his designee shall mail written notice of such complaints by certified mail with return receipt to the owner of the place or premises complained of at the owner’s address as shown in the Miami-Dade County property tax collector’s file. Said notice shall provide for the owner of the place or premises to contact the Director or his designee within fourteen (14) days of receipt of the notice. This time period shall be allowed for the purpose of allowing the owner to take such good faith measures as are appropriate to abate the nuisance. The Director or his designee may extend the fourteen (14) days to allow the owner to institute or continue actions to abate the nuisance provided the actions are reasonable. In the event the owner fails to respond to Notice of Complaint or fails to take reasonable action to abate the nuisance, the Director or his designee shall schedule a hearing on the complaint before the Miami-Dade County Public Nuisance Abatement Board, and written notice of said hearing shall be by certified mail with return receipt to the owner of the premises and the complaintant at least ten (10) days prior to the scheduled hearing.

The aforesaid notice of hearing shall include:

(a) A statement of the time, place and nature of the hearing;

(b) A statement of the legal authority and jurisdiction under which the hearing is to be held;

(c) A reference to the particular sections of the statutes and ordinances involved;

(d) A short and plain statement summarizing the incidents complained of.

(Ord. No. 92-42, 3, 5-19-92)

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MIAMI, FLORIDA

CHARTER AND CODE City of MIAMI, FLORIDA  Codified through Ord. No. 11797, enacted May 11, 1999. (Supplement No. 7)

PART II  THE CODE*

Chapter 46  PUBLIC NUISANCES* 

Charter reference(s)--Power of city to abate nuisances, 3(p)

State law reference(s)--Public nuisances, F.S. chs. 381--386.

Sec. 46-1. Definitions

(a) Any building, place or premises located in the city which has been used on three or more occasions, documented by substantiated incidences, as the site of the unlawful sale or delivery of controlled substances, or for any act as defined in F.S. ch. 893, and where there has been at least one criminal conviction for the acts defined in F.S. ch. 893, within a six-month period from the date of the first substantiated incident, at the same location, is hereby declared to be an unlawful public nuisance. In the absence of a certified conviction at the premises, the allegations of F.S. ch. 893 related to public nuisance must be substantiated by seven documented instances within a six-month period from the date of the first documented instance in order to support a finding of public nuisance at the premises.

(b) Any building, place or premises located in the city which has been used on three or more occasions, documented by substantiated incidences, as the site of the prohibited activities in F.S. ch. 849, defined as gambling, maintaining a gambling house, illegal betting, bookmaking activities, gambling promotion, possession and/or use of gambling devices, and where there has been at least one criminal conviction for the acts defined in F.S. ch. 849 within a six-month period from the date of the first substantiated incident, at the same location, is hereby declared to be an unlawful public nuisance. In the absence of a certified conviction at the premises, the allegations of F.S. ch. 849 related to public nuisance must be substantiated by seven documented instances within a six-month period from the date of the first documented instance in order to support a finding of public nuisance at the premises.

(c) Any building, place or premises located in the city which has been used on three or more occasions, documented by substantiated incidences, as the site of the prohibited activities in F.S. ch. 796, defined as keeping, leasing or letting a house of ill fame and/or allowing a premises or room to be used for the purpose of prostitution, lewdness or assignation; forcing, compelling or coercing another to become a prostitute and/or deriving support from the proceeds of prostitution and where there has been at least one criminal conviction for the acts defined in F.S. ch. 796 within a six-month period from the date of the first substantiated incident, at the same location, is hereby declared to be an unlawful public nuisance. In the absence of a certified conviction at the premises, the allegations of F.S. ch. 796 related to public nuisance must be substantiated by seven documented instances within a six-month period from the date of the first documented instance in order to support a finding of public nuisance at the premises.

(d) Any building, place or premises located in the city which has been used for acts enumerated in F.S. ch. 823, on three or more occasions, documented by substantiated incidences, as the site of the prohibited activity defined as those acts which tend to annoy the community or injure the health of city citizens in general or corrupt the public morals, and which have occurred as singular acts in violation of F.S. ch. 823 or in any collective combination of the various sections thereunder, and where there has been at least one criminal conviction for such acts within a six-month period from the date of the first substantiated incident, is further declared to be an unlawful public nuisance. In the absence of a certified conviction at the premises, the allegations of F.S. ch. 823 related to public nuisance must be substantiated by seven documented instances within a six-month period from the date of the first documented instance in order to support a finding of public nuisance at the premises.

(e) Any building, place or premises located in the city which has been used on five or more occasions, documented by substantiated incidents, as the site of prohibited activity enumerated in section 6-39, defined as keeping or harboring noisy dogs, and/or the site of prohibited activities defined in chapter 36, defined as being the cause and/or source of loud, excessive, unnecessary or unusual noise, and have occurred either as the same repeated acts in violation of section 6-39 or chapter 36 or in any collective combination of acts involving the Code provisions and where it can be established by substantiated incidences that the same property was used for such acts on five or more occasions within a six-month period from the date of the first substantiated incident, is hereby declared to be an unlawful public nuisance.

(f) Any building, place or premises located in the city which has been used on three or more occasions, as documented by substantiated incidences as the site of the prohibited activities as defined in F.S. ch. 874, for the purpose of conducting a pattern of youth or street gang activity and where there has been at least one criminal conviction for a violation of Florida Statutes or a conviction wherein the penalty was reclassified pursuant to F.S. 874.04 within a six-month period from the date of the first substantiated incident, at the same location, is hereby declared to be an unlawful public nuisance. In the absence of a certified conviction at the premises, the allegations of F.S. ch. 874 related to public nuisance must be substantiated by seven documented instances within a six-month period from the date of the first documented instance in order to support a finding of public nuisance at the premises.

(g) For the purpose of this chapter, "substantiated incident" shall mean any legally prohibited activity and/or occurrence enumerated herein for which a city police officer has been dispatched to investigate or which an officer independently arrives at a location and makes a personal observation of a use of property in violation of the law as enumerated herein and makes a report of the prohibited activity regardless of whether such occurrence results in an arrest of any individual for the prohibited activity; or in the case of a breach of section 6-39 and/or chapter 36, shall mean such acts may be verified by observation affidavit or report from a private citizen or a public service aide employed by the police department.

(h) For the purpose of this chapter, "conviction" is hereby defined and applied in accordance with the provisions of rule 3.701(d)(2) of the Florida Rules of Criminal Procedure.

(i) For the purpose of this chapter "operator" means an owner or person having possession or charge of as agent or otherwise having interest in or control of the building, place or premises.

(j) For the purpose of this chapter, "complaint" shall mean the official process by which cases are initiated and brought before the nuisance abatement board.

(Ord. No. 10883, 1, 5-9-91; Ord. No. 10990, 2, 6-11-92; Code 1980, 45.5-1; Ord. No. 11573, 2, 11-26-97)

Sec. 46-8. Enjoining of nuisances

When any business person, party or entity is found to be erecting, establishing, continuing, maintaining ownership or to be leasing the use of any building, places or premises located in the city and in which the health of the community is threatened or the morals and welfare of the people are injured and in which any nuisance exists, as defined in F.S. chs. 823, 893, 796 or 849 or any of the Code sections as stated herein, such business persons, parties or entities may be sued by the city attorney in the name of the State of Florida or by any citizen of the city for such relief and damages as may be recognized by law.

(1) The nuisance abatement board may bring a complaint under F.S. 60.05 and seek a permanent injunction against any public nuisance.

(2) All powers and rights conferred by this section shall be in addition to and supplemental to those conferred by any other general or special laws governing public nuisances and shall be liberally construed to effectuate the purpose of this chapter.

(Ord. No. 10883, 1, 5-9-91; Code 1980, 45.5-8)

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PALM BEACH COUNTY, FLORIDA

CODE County of PALM BEACH, FLORIDA Ord. No. 98-2, adopted January 13, 1998. (Supplement No. 32)

PALM BEACH COUNTY CODE

Chapter 20 NUISANCES*

Sec. 20-37. Definitions

(a)   Public nuisance: Any place or premises within Palm Beach County which has been used on more than two (2) occasions, within a six-month period:

(4) Any place or building used by a youth and street gang for the purpose of conducting a pattern of youth and street gang activity as defined in Florida Statutes, chapter 874.

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RENO, NEVADA

PART 2 RENO MUNICIPAL CODE

Title 8 PUBLIC PEACE, SAFETY AND MORALS*

CHAPTER 8.22. ABATEMENT OF NUISANCES*

ARTICLE I. GENERAL PROVISIONS

Sec. 8.22.020. Purpose and scope

(a) It is determined and declared as follows:

(1) The city has a substantial and legitimate interest in seeing that its community, including property, buildings and premises within its limits, is kept in a safe and aesthetically pleasing condition;

(2) The keeping or maintaining of property, buildings and premises at variance with the level of maintenance of surrounding properties will result in blighting and/or unsafe conditions and substantial diminution in the employment, use, aesthetic and property values of such surrounding properties;

(3)  It is desirous to promote the maintenance of property, buildings and premises in order to enhance the livability, community appearance, and the safe, social and economic conditions of the community;

(4) The increase of graffiti on both public and private buildings, structures and places is creating a condition of blight within the city which results in the deterioration of property and business values for adjacent and surrounding properties, all to the detriment of the city;

(5) A significant portion of the graffiti now appearing is related to the activities of youth gangs and that the prompt elimination of such graffiti from public view would contribute to the city’s efforts to control and minimize the presence of youth gangs within the community; and

(6) The graffiti is obnoxious constituting a nuisance which must be abated so as to avoid the detrimental impact of such graffiti upon the city and to prevent the further spread thereof.

(b) The purpose of this chapter is to protect the health, safety and welfare of the citizens of Reno and to promote the maintenance of property, buildings and premises in order to enhance the livability, community appearance, and the safe, social and economic conditions of the community.

(c) This chapter shall apply to all property, buildings and premises within the city without regard to the use, the date of construction or alteration.  (Ord. No. 4651, 1, 7-9-96)

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OKLAHOMA CITY, OKLAHOMA

ARTICLE VI.  DRUG NUISANCE ABATEMENT

35-171. Short title

This ordinance may be cited as the "Drug Nuisance Abatement Ordinance."

(Ord. No. 20099, 1(35-87), 1-18-94)

35-172. Statutory authority

This article is being enacted under authority of 11 O.S. 22-121, as amended, and 50 O.S. 16 and 17

(Ord. No. 20099, 1(35-88), 1-18-94)

35-173. Legislative findings

The Council of the City of Oklahoma City hereby makes the following findings:

(1) Illegal drugs and drug-related criminal activity exists in Oklahoma City, Oklahoma, and adversely affects many neighborhoods throughout our City.

(2) Drugs and drug-related criminal activity have caused an increase in crime and violence and have deteriorated the habitability of some housing and rental accommodations in our City. This adverse effect is evidenced by:

a. Social-scientific studies which clearly show that a high proportion of violent and property crimes are committed by individuals who are engaged in drug-related criminal activity;

b. Studies which show that narcotic addiction directly causes an increase in crime intended to provide income to support the offender’s addiction.

(3) Drugs and drug-related criminal activity on or near private property have and continue to adversely impact our City by:

a. diminishing some property value;

b. creating fear in some residents which keeps them from walking through or in public areas such as streets and parks;

c. increasing the volume of vehicular and pedestrian traffic to and from private property used as a marketplace for the sale of drugs and as a hideout for drug use, creating unsafe conditions for neighboring residents, especially children;

d. fostering the display and use of dangerous weapons and the discharge of firearms on or near private property;

e. increasing the number of violations of the controlled substance statutes and other criminal law, the Uniform Housing Code, the Fire Code and the Zoning Code on or near the property used for drug-related criminal activity;

f. increasing the incidence of petty crimes on or to public or private property, including vandalism and destruction of the neighboring public/private property, and increase in trash and debris on public/private property, and other crimes which result in the physical decay of our city’s neighborhoods; and

g. having a continual and ongoing detrimental effect on the surrounding community and on our City as a whole regardless of the location of the private property used for drug-related criminal activity.

(4) Eliminating the use of property for drug-related criminal activity will have a positive impact on the community. The benefits to the community will include:

a. a reduction in the number of persons who intend to engage in drug-related criminal activity;

b. a reduction in the concentration of criminals in the affected community;

c. the elimination of the location at which operation of an illegal drug marketplace can continue;

d. a reduction in the number of drug users and the availability of illegal drugs in the community; and

e. a reduction in the drug users’ income-generating crime in the surrounding neighborhood.

(5) Reducing the incidence of drug-related criminal activity in our city’s neighborhoods will improve conditions for our City as a whole by:

a. reducing City-wide violence, property, and drug-related crime rates;

b. reducing the drug-related criminal activity in our city which will allow our City’s Police Department to utilize resources for other projects;

c. increasing the general public order and improving the ability of our City to deal with other issues not related to illegal drug use;

d. improving property values in our City; and

e. improving the quality of life for all City residents.

(6) Based upon the foregoing, the Council finds that property used for drug-related criminal activity adversely affects public health, welfare and safety.

(Ord. No. 20099, 1(35-89), 1-18-94)

35-174. Purpose and intent

The public purpose of this ordinance is to prevent the use of private property as a marketplace for the sale of illegal drugs, as a haven for drug use, and as a location for drug-related criminal activity.

(Ord. No. 20099, 1(35-90), 1-18-94)

35-175. Definitions

For the purpose of this article, the following words, terms and phrases shall have the following meanings:

(1) Controlled substance statutes means 63 O.S. 2-101 et seq., as amended, and 21 U.S.C. 801 et seq., as amended.

(2) Drug-related criminal activity means engaging in one or both of the following acts by any person:

a. Violating any controlled substance statutes which creates or maintains a situation or condition that adversely impacts the peace, safety or health of persons who own, reside in or occupy real property located within 500 feet of such situation or condition. Such distance shall be measured from the situation or condition to the nearest property line of the affected real property; or

b. Allowing, permitting or maintaining any property for the purpose of violating any controlled substance statute that adversely impacts the peace, safety or health of persons who own, reside in or occupy real property located within 500 feet of such situation or condition. Such distance shall be measured from the situation or condition to the nearest property line of the affected real property.

(3) Illegal drugs means any substance whose sale, manufacture, storage, or gift is prohibited by a controlled substance statute.

(4) Known unlawful drug user, possessor, or seller means any person who has, within the knowledge of law enforcement personnel, been convicted in any court of any violation of a controlled substance statute.

(5) Owner means any individual, corporation, partnership, trust association, joint venture, and their respective agents who have a right to exert exclusive control, or any other legal entity recognized under Oklahoma law, who has a record interest in property used for drug-related criminal activity.

(6) Property used for drug-related criminal activity means any real property or the improvements or fixtures located thereon that are used in whole or in part for drug-related criminal activity.

(7) Tenant means any person who uses, resides in, has a record interest in or occupies property used for drug-related criminal activity, regardless of whether he/she has the consent of the owner to use, reside in or occupy such property.

(Ord. No. 20099, 1(35-91), 1-18-94; Ord. No. 21030, 1, 4-7-98)

35-176. Property used for a drug-related criminal activity declared as a public nuisance per se

Pursuant to 11 O.S. 22-121, as amended, the City of Oklahoma City declares that property used for drug-related criminal activity is a public nuisance per se.

(Ord. No. 20099, 1(35-92), 1-18-94)

35-177. Procedure used to abate a public nuisance per se

To abate a public nuisance per se as defined in 35-175 and declared in 35-176 of the Drug Nuisance Abatement Ordinance, the City Manager or his/her designated agent acting on behalf of the City of Oklahoma City shall follow this procedure:

(1) Before it brings a civil action, the City shall serve the owner and/or tenant a written statement demanding that the owner and/or tenant immediately terminate all drug-related criminal activity which exists at the property.

a. The City’s decision to deliver a written statement to an owner and tenant shall be based on one or both of the following factors:

1. The property involved is known by general reputation in the community to be a location where drug-related criminal activity occurs; or

2. The property involved is known to law enforcement personnel as a location where drug-related criminal activity occurs.

b. The written statement to the owner and/or tenant shall contain the following information:

1. The street address and/or a legal description sufficient for the owner and/or tenant to locate the property on which drug-related criminal activity is occurring;

2. A statement describing the drug-related criminal activity which is taking place at the property; and

3. A statement ordering the owner and/or tenant to immediately terminate all drug-related criminal activity.

c. The City shall use certified mail-return receipt requested to serve the property owner with the written statement, requesting abatement of the drug-related criminal activity within 30 days of such notice.

d. Proof of mailing of the written statement shall be kept in the regularly maintained files of the City.

e. If service of the written statement cannot be completed by mail, the City may serve said statement by posting a copy of the statement on the property used for drug related criminal activity  and/or by publication as codified in 11 O.S. 1-102(8)  of the Oklahoma Statutes, once at least ten (10) days prior to any action by the municipality pursuant to the provisions of this ordinance or as otherwise allowed by law.

f. The City may at any time, in lieu of mailing, posting and/or publishing, serve said written statement on the owner and/or tenant by personal delivery, when reasonable and/or appropriate.

(2) Pursuant to 50 O.S. 16 and 17, as amended, and 11 O.S. 22-121, as amended, the City Manager, or his/her designated agent, in the name of the City of Oklahoma City, shall bring a civil action to abate a public nuisance per se against any owner and/or tenant who permits, creates or maintains property used for a drug-related criminal activity.

a. The civil action to abate the violation of the Drug Nuisance Abatement Ordinance shall follow the Oklahoma Statutes and Rules of Civil Procedure.

b. The civil action shall be brought in the county where the nuisance is maintained.

c. The City may request remedies to abate the drug nuisance, including but not limited to the following:

1. the immediate and complete closure of the property used for drug-related criminal activity;

2. prohibit the use of the property used for drug-related criminal activity unless and until the owner and/or tenant abates the public nuisance per se;

3. prohibit any person, including the owner and/or tenant, from entering the property used for drug-related criminal activity;

4. prohibit the owner and/or tenant from allowing or permitting any person who is a known unlawful drug user, possessor or seller from entering the property used for drug-related criminal activity;

5. require the owner to bring the property used for drug-related criminal activity into compliance with the City’s Uniform Housing Code, Fire Code, Administrative Code and Zoning Code within 30 days of the date on which the court’s order is entered;

6. require recovery of all costs of action as authorized by 50 O.S. 17; and

7. require payment of the City’s costs for the labor and materials and administrative costs required to abate the public nuisance per se and/or carry out the order of the court.

8. require removal of structures and/or the improvements and/or fixtures located on the real property that are used in whole or in part for drug-related criminal activity.

9. any other relief the court determines appropriate.

(3) Nothing in the "Drug Nuisance Abatement Ordinance" shall be construed as to prohibit the filing of any other criminal charges and/or any other civil actions, including but not limited to forfeiture, as allowed by law.

(Ord. No. 20099, 1(35-93), 1-18-94; Ord. No. 21030, 2, 4-7-98)

35-178. Violation of the drug nuisance abatement ordinance prohibited

(a) Any person who violates any provision of this article shall be guilty of an offense.

(b) Any person, including an owner and/or a tenant, who uses his or her property to engage in drug-related criminal activity is guilty of violating the Drug Nuisance Abatement Ordinance.

(c) Any person, including an owner and/or a tenant, who continues to allow or permit any other person to use his or her property to engage in drug-related criminal activity after the owner and/or tenant has been given notice, pursuant to 35-177, is guilty of violating the Drug Nuisance Abatement Ordinance.

(d) Each act shall constitute a separate offense.

(Ord. No. 20099, 1(35-94), 1-18-94)

35-179. Criminal penalties

Any person convicted of violating the Drug Nuisance Abatement Ordinance shall be sentenced as follows:

(1) First offense. A first conviction under this article shall be punished by a fine of not more than $750.00, excluding costs or by imprisonment not exceeding six months in the city jail or both for each and every day that the Drug Nuisance Abatement Ordinance is violated.

(2) Second offense. A second conviction under this article shall be punished by a mandatory fine of not less than $250.00 but not more than $750.00 excluding costs or by mandatory imprisonment for not less than ten days but not exceeding six months in the city jail or both for each and every day that the Drug Nuisance Abatement Ordinance is violated.

(3) Third offense. A third or subsequent conviction under this article shall be punished by a mandatory fine of not less than $300.00 but not more than $750.00, excluding costs or by mandatory imprisonment for not less than 25 days but not exceeding six months in the city jail or both for each and every day that the Drug Nuisance Abatement Ordinance is violated.

(Ord. No. 20099, 1(35-95), 1-18-94; Ord. No. 20462, 1, 10-24-95)

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HOUSTON, TEXAS

CODE OF ORDINANCES City of HOUSTON, TEXAS  Codified through Ordinance No. 99-1201, adopted Nov. 9, 1999. (Supplement No. 41, Up

Chapter 2  ADMINISTRATION*

ARTICLE VII.  LEGAL DEPARTMENT*

DIVISION 2.  NUISANCE ABATEMENT

Sec. 2-268. Policy

Consistent with the remedies available under chapter 125 of the Texas Civil Practices & Remedies Code ("chapter 125"), it is the policy, but not the duty, of the city to aggressively pursue remediation of nuisance properties, including properties used for gambling, prostitution, obscenity offenses, controlled substance violations and other offenses that are enumerated in chapter 125.  In cooperation with the police department and county law enforcement and prosecution officials, the legal department shall pursue suits whenever appropriate under chapter 125.

(Ord. No. 94-923, 3, 9-7-94)

Sec. 2-269. Alternative remedies

Whenever practicable, the city attorney shall notify the owners, tenants or persons in possession of a property prior to initiating a suit under chapter 125. However, prior notice shall not be required if in the judgment of the city attorney the giving of notice would not be in the best interest of the public, including, but not limited to, instances where the severity of the situation justifies immediate legal action or situations where there is reason to believe that the owners, tenants or persons in possession might attempt to avoid service if they were aware of the filing of a suit. (Ord. No. 94-923, 3, 9-7-94)  

Sec. 2-270. Alternative resolutions  

(a) In those instances in which the owners, tenants or persons in possession of property that is subject to a suit under this division indicate a willingness to attempt to rectify their nuisance conditions without a suit or in settlement of a suit, the city attorney may agree to forebear or abate the suit under chapter 125 upon a written undertaking by the owners, tenants or persons in possession of the property to take one or more of the following actions, as appropriate: 

(1) The installation and use of lighting on the property to avoid dark passageways and exterior areas; 

(2) The initiation or enhancement of privately funded security patrol services on the property; 

(3) The inspection of vacant commercial or residential units or spaces to ensure that they remain secure and do not become a harborage for criminal activities;

(4) The removal or eviction of persons who have been associated with the causation of criminal activities on the property;

(5) The installation or enhancement of fencing and/or other crime deterrent devices on the property; and/or

(6) The installation or enhancement of other appropriate security or crime deterrent devices and/or procedures, as determined by the city attorney or other city officials or designees.

(7) Without limiting the prerogatives of the city attorney to develop appropriate agreement forms for the written undertakings of owners, tenants or persons in possession of property to abate nuisance conditions, the following requirements are specifically authorized to be included, as appropriate:

(b) (1) That the undertaking be for a specific period of time, be binding upon any subsequent owner, tenant or person in possession of the property, and be duly recorded in the county real property records;

(2) That the owners, tenants or persons in possession be required to give immediate notice to appropriate city officials upon any transfer of the property title, leasehold or other interest involved;

(3) That the understanding be specific as to the exact nature of the actions that will be taken by the owners, tenants or persons in possession of the property and include a time schedule for the completion or implementation of the various items;

(4) That the owners, tenants or persons in possession of the property reimburse the city for inspection expenses, public safety expenses, legal expenses and costs of any other nature that have been incurred by the city in its actions to abate the nuisance or settle any matter relating to any nuisance condition that is associated with the property;

(5) That the owners, tenants or persons in possession be required to post a good and sufficient bond, assign a financial account or provide other security to cover the city’s legal expenses and related enforcement costs for the prosecution of a suit under chapter 125 in case the undertaking is not timely and fully complied with; and/or

(6) That the owners, tenants or persons in possession be required to reimburse the city for public safety costs that are in excess of a level that is deemed to be reasonable in relation to the circumstances surrounding the use of the property.

(c) The undertaking of the owners, tenants or persons in possession of a property to take actions as provided in subsections (a) and (b), above, may be monitored by the city attorney and the police department to ensure that the measures are implemented as agreed. In the event that the measures are not timely implemented or are not effective in abating the nuisance conditions, then the city attorney shall not in any manner be precluded from initiating or further prosecuting a matter under chapter 125.

(Ord. No. 94-923, 3, 9-7-94)

CODE OF ORDINANCES City of HOUSTON, TEXAS  Codified through Ordinance No. 99-1201, adopted Nov. 9, 1999. 

Chapter 10  BUILDINGS AND NEIGHBORHOOD PROTECTION*

ARTICLE XIV.  ABATEMENT OF UNAUTHORIZED VISUAL BLIGHT*  

Sec. 10-541. Definitions

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, unless the context of their usage clearly indicates a different meaning;

Owner means the record owner of the lot or parcel or other person specifically authorized in writing by the record owner to authorize the placement of any painting, scratching, writing or inscription upon the owner’s property.

Unauthorized means without the consent of the owner or without authority of law, regulation or ordinance. Unless the owner proves otherwise, lack of consent will be presumed under circumstances tending to show (i) the absence of evidence of specific authorization of the visual blight by the owner, (ii) that the visual blight is inconsistent with the design and use of the subject property, or (iii) that the person causing the visual blight was unknown to the owner.

Visual blight means any unauthorized graffiti or any other unauthorized form of painting, scratching, writing or inscription, including without limitation, initials, slogans or drawings, regardless of the content or nature of the material that has been applied to any wall, building, fence, sign, or other structure or surface and is visible from any public property or right-of-way or is visible from the private property of another person.

(Ord. No. 94-1163, 2, 11-2-94)

Sec. 10-542. Declaration; notice

Visual blight is declared to be a public nuisance. Whenever the existence of visual blight on any lot or parcel of real estate situated within the city shall come to the knowledge of the neighborhood protection official, the neighborhood protection official shall forthwith cause a written notice identifying the visual blight and directing its removal to be sent to the owner of the property. The notice shall be sent in the manner provided for notices under article XI of this chapter; provided that the time allowed in the notice for abatement of the nuisance shall not be less than 30 days, and such notice shall further state that the owner is entitled to request a hearing to be held in the manner described in section 10-543 of this Code.

(Ord. No. 94-1163, 2, 11-2-94; Ord. No. 98-613, 47, 8-5-98)


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