CHAPTER 14A. NUISANCES.
Article VIII. Community Safety.
Sec. 14A-8-3. Definitions.
As used in this chapter:
"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 article and in preparing for, participating in or
conducting any hearings subject to this article, 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.
"Chief of police" means the
chief of police or his/her designee.
"City" means the city of
Woodland.
"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.
"Enforcement officer" means any
person authorized by the chief of police pursuant to this section to enforce
violations of this article.
"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.
"Hearing officer" means any person appointed
pursuant to Section 14A-7-14 of the Woodland Municipal Code to preside over the
administrative hearings pursuant to this article.
"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 Yolo County or as otherwise actually known to
the chief of police.
"Person" means individual(s), corporations,
associations, partnerships, limited liability companies, trustees, lessees,
agents and assignees.
"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.
"Safety violation" means any of the following activities or
behaviors:
(1) 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;
(2) Any drug-related nuisance occurring within one year of an
arrest on the premises for a safety violation defined in subsection (1) of this
definition;
(3) Any act of prostitution evidenced by the arrest of one or
more persons;
(4) Any gang-related crime;
(5) The unlawful possession,
discharging, or brandishing of a firearm or weapon by any
person;
(6) 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;
(7) Disturbances occurring at parties or
gatherings at which alcohol or drugs are consumed and/or crimes have
occurred;
(8) 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;
(9) Possession of child pornography;
(10) The occurrence of
any other criminal activity not specified above which threatens the life,
health, safety, or welfare of residents of the property, the neighborhood, or
the public.
"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. (Ord. No. 1492, § 3
(part).)
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