§ 9.17.030. Illegal weapons or ammunition on real property nuisance abatement.

A.

The City Attorney may file an action for unlawful detainer against any person who is in violation of the nuisance or illegal purpose provisions of Subdivision 4 of Section 1161 of the California Code of Civil Procedure, with respect to the illegal weapons or ammunition on real property purpose.

B.

The unlawful detainer action shall be based upon an arrest report or other report by a law enforcement agency, documenting an illegal weapons or ammunition on real property offense observed by a police officer.

C.

The City Attorney shall utilize the procedures set forth in Chapter 4 (commencing with Section 1159) of Title 3 of Part 3 of the California Code of Civil Procedure for filing an unlawful detainer action, except that in cases filed under this Section, the following also shall apply:

1.

Prior to filing an action pursuant to this Section, the City Attorney shall give thirty (30) calendar days written notice to the property owner, requiring the property owner to file an unlawful detainer action for the removal of the person who is in violation of the nuisance or illegal purpose provisions of Subdivision 4 of Section 1161 of the Code of Civil Procedure with respect to the illegal weapons or ammunition on real property.

2.

The notice to the property owner shall inform the property owner of a violation of the nuisance or illegal purpose provisions of Subdivision 4 of Section 1161 of the Code of Civil Procedure and an advisement to the property owner of the optional assignment provision contained in Subsections D through F, below.

3.

The notice to the tenant shall, in at least 14-point bold type, and provided in English and as translated in all of the languages identified in Subdivision (b) of Section 1632 of the Civil Code, meet the following requirements:

The notice shall contain the following language:

"(Date)
(Name of tenant)
(Address of tenant)
Re: Long Beach Municipal Code Chapter 9.17

Dear (name of tenant):

 This letter is to inform you that an eviction action may soon be filed in court against you for suspected illegal weapons or ammunition on real property activity. Long Beach Municipal Code Chapter 9.17, in accordance with State law, provides for the eviction of persons engaging in such conduct, as described below.

 Long Beach Police Department records indicate that you, (name of arrestee), were arrested on (date) for violations of (list violations) at (address of property). A letter has been sent to the property owner(s) advising of your arrest and the requirements of the City's law, as well as the landlord's option to assign the unlawful detainer action to the City Attorney's Office.

 A list of legal assistance providers is provided below. Please note, this list is not exclusive and is provided for your information only; the City Attorney's Office does not endorse or recommend any of the listed agencies.

Sincerely,
(Name of Deputy City Attorney)
Deputy City Attorney

Notice to Tenant: This notice is not a notice of eviction. You should call the City Attorney at [phone] or a legal assistance provider to stop the eviction action if any of the following is applicable:

(1)

You are not the person named in this notice;

(2)

The person named in the notice does not live with you;

(3)

The person named in the notice has permanently moved;

(4)

You do not know the person named in the notice;

(5)

You want to request that only the person involved in the nuisance be evicted, allowing the other residents to stay; or

(6)

You have any other legal defense or legal reason to stop the eviction action. A list of legal assistance providers is attached to this notice. Some provide free legal assistance if you are eligible."

4.

The respective notices shall be given in writing and served upon the owner and the tenant either by personal delivery or by deposit in the United States mail in a sealed envelope, postage prepaid, addressed to the owner at the address known to the City, or as shown on the last equalized assessment roll, if not known. Separate notice of not less than thirty (30) calendar days and documentation shall be provided to the tenant in accordance with this Subdivision. Service by mail shall be deemed to be completed at the time of deposit in the United States mail. Proof of giving the notice may be made by a declaration signed under penalty of perjury by any City employee that shows service in conformity with this Section.

D.

The property owner shall, within thirty (30) calendar days of the mailing of the written notice, either provide the City Attorney with all relevant information pertaining to the unlawful detainer case, or provide a written explanation setting forth any safety-related reasons for noncompliance, and an assignment to the City Attorney of the right to bring an unlawful detainer action against the tenant.

E.

The assignment shall be on a form provided by the City Attorney and may contain a provision for costs of investigation, discovery, and reasonable attorney's fees, in an amount not to exceed six hundred dollars ($600.00). An additional fee payable to the Los Angeles County Sheriff for lock-out services may be required.

F.

If the City Attorney accepts the assignment of the right of the owner to bring the unlawful detainer action, the owner shall retain all other rights and duties, including the handling of the tenant's personal property, following issuance of the writ of possession and its delivery to and execution by the appropriate agency.

G.

Upon the failure of the owner to file an action pursuant to this Section, or to respond to the City Attorney as provided in Subsection D, or having filed an action, if the owner fails to prosecute it diligently and in good faith, the City Attorney may file and prosecute the action, and join the owner as a defendant in the action. This action shall have precedence over any similar proceeding thereafter brought by the owner, or to one previously brought by the owner and not prosecuted diligently and in good faith. Service of the summons and complaint upon the defendant owner shall be in accordance with Sections 415.10 - 415.50 of the Code of Civil Procedure.

H.

If a jury or court finds the defendant tenant guilty of unlawful detainer in a case filed pursuant to Subsection G, the City Attorney may be awarded costs, including the costs of investigation and discovery and reasonable attorney's fees. These costs shall be assessed against the defendant owner, to whom notice was directed pursuant to Subsection C.1, and once an abstract of judgment is recorded, it shall constitute a lien on the subject real property.

I.

This Section shall not prevent a tenant from receiving relief against a forfeiture of a lease pursuant to Section 1179 of the Code of Civil Procedure.

J.

In any proceeding brought under this Section, the Court may, upon a showing of good cause, issue a partial eviction ordering the removal of any person, including, but not limited to, members of the tenant's household if the Court finds that the person has engaged in the activities described in Subsection A. Persons removed pursuant to this Section may be permanently barred from returning to or reentering any portion of the entire premises. The Court may further order as an express condition of the tenancy that the remaining tenants shall not give permission to or invite any person who has been removed pursuant to this Subsection to return to or reenter any portion of the entire premises.

K.

Notwithstanding Subdivision (b) of Section 68097.2 of the Government Code, the City may waive all or part of the costs incurred in furnishing the testimony of a peace officer in an unlawful detainer action brought pursuant to this Section.

( ORD-15-0027 , § 1, 2015)