HomeMy WebLinkAboutOrd 1212-1997ORDINANCE NO. l ?] 9-97
AN ORDINANCE ADDING CHAPTER 8.26 TO THE SOUTH SAN
FRANCISCO MUNICIPAL CODE RELATING TO ABATEMENT OF
NEIGHItORHOOD NUISANCES
THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1
as follows:
Chapter 8.26 is hereby added to the South San Francisco Municipal Code to read
Chapter 8.26 Neighborhood Nuisance Code
8.26.010 Title.
This chapter shall be known as the "Neighborhood Nuisance Code."
8.26.020 Findings.
The City Council finds as follows:
(a)
Just as the physical conditions of some properties within the City of South San Francisco
constitute public and private nuisances, so too the behavior of persons on properties within the
City can constitute public and private nuisances. Examples of behavior which can constitute
nuisances include large and noisy gatherings, malicious mischief including specifically
vandalism; graffiti, noisy activities during late-night hours, use or sale of controlled substances
on the property, the coming and going of persons with the intent to purchase controlled
substances, and drunkenness and consumption or possession of alcoholic beverages by
persons under 21 years of age.
Co)
It is as important for the public health, safety and welfare for interested residents or the City
to be able to abate nuisance-creating behaviors as it is able to abate nuisance-creating physical
conditions.
The owners of residential rental properties within the City are responsible to monitor their
properties and to take appropriate action if a nuisance exists thereon, whether that nuisance be
created by existing physical conditions or by nuisance-creating behaviors. Such nuisances can
be avoided with adequate property management. If a property owner does not fulfill his or
her responsibilities, it is necessary for the safety, health and welfare of neighborhoods and the
City as a whole that the City be able to undertake abatement action. Nuisance-creating
physical conditions can be abated pursuant to Chapter 8.24 of the South San Francisco
Municipal Code. A comparable abatement remedy for nuisance-creating behaviors is needed.
(d) Neighborhood health and safety must be protected in a way which does not promote housing
July 31,1997 1
discrimination or promote evictions based on prejudice, unfounded fears, or personal
animosities.
(e) Nothing in this ordinance exempts property owners from strict compliance with state or
federal housing law on evictions, retaliatory conduct or discriminatory conduct, or privacy.
The City Council recognizes that the ability of property owners to address nuisance-causing
behaviors is greatly enhanced by the cooperation of the Police Department, the individual
property owner, the tenants, and the surrounding community.
8.26.030 Purpose.
(a) The purposes of this chapter are to:
1. set forth and enforce minimum standards relating to the management of residential rental
properties to protect the public health, safety, and welfare; and
establish a remedy which will permit the City to take effective and efficient judicial or
administrative action against property owners who permit nuisance-creating behaviors to
occur on their properties in order to compel such owners to abate the nuisance-creating
behaviors.
(b)
Provisions of this chapter are intended to be supplementary and complementary to all of the
other provisions of the South San Francisco Municipal Code and state law and all remedies set
forth herein shall be cumulative to other remedies which may be available under South San
Francisco Municipal Code or state law.
8.26.040 Application.
The provisions of this chapter shall apply generally to all residential rental property throughout the
City of South San Francisco wherein any of the nuisances hereinafter specified are found to exist;
provided, however, that any condition which would constitute a violation of this chapter, but which is duly
authorized under any city, state or federal law, shall not be deemed to violate this chapter. The provisions
of this chapter shall not apply to activities which constitute a bona fide exercise of constitutional rights.
UResidential rental property" is defined as property that is rented or leased for residential use to a
person, persons, single family, or multiple families for a period longer than twenty-nine (29) days.
8.26.050 Responsibility for Proper Property Management.
(a)
Every owner of residential rental property within the city is required to manage the property
in a manner so as not to violate the provisions of this Chapter and the owner remains liable for
violations thereof regardless of any contract or agreement with any third party regarding the
property.
Every occupant, lessee or holder of any possessory interest in residential rental property is
required to act in a manner consistent with this ordinance on the property, and supervise any
guests on the property, in a manner so as not to violate the provisions of this code.
July 31,1997 2
8.26.060 Authority.
The Chief of Police or the Chief's designee (hereafter "Chief") shall administer the provisions of
this chapter.
Hearings on appeals of the Chief's orders shall be heard by the City Manager or his or her
designee, or a neutral hearing officer, if based on a request by the property owner and if the cost of said
hearing officer is paid in advance to the City by the property owner.
8.26.065 Private Right of Action
Notwithstanding any other provision in this Ordinance to the contrary, if a tenant's conduct or
action gives rise to any citation and order under Section 8.26.090 above, a landlord shall have the right, in
addition to any other remedies that the landlord may have under the applicable lease, rental agreement, or
the California Code of Civil Procedure, to use the citation and order as evidence of a nuisance for
purposes of any eviction proceeding.
8.26.070 Enforcement Costs.
In any civil action brought pursuant to this code, the court may award reasonable attorneys fees
and costs to the prevailing party.
8.26.080 Generally.
Pursuant to Government Code section 38771, it is hereby declared a public nuisance, and a
violation of this code for any person, firm or corporation except a municipal corporation whether owner,
lessee, sublessor, sublessee or occupant of any residential rental property in this city to permit that
property to be used in such a manner that any one or more of the activities described in the following
subsections are found to occur thereon or to have originated therefrom:
(a) The illegal sale of controlled substances and other illegal drugs and substances which creates a
public nuisance as defined in Civil Code sections 3479 and 3480.
(b) The illegal use of controlled substances and other illegal drugs and substances which creates a
public nuisance as defined in Civil Code sections 3479 and 3480.
(e) The frequent gathering, or coming and going, of people on the property who have an intent to
purchase or use controlled substances.
(d) The occurrence of prostitution or the unlawful activities of a criminal street gang, as defined in
Penal Code section 186.22.
The repeated making or continuing, or causing to be made, of any noise in violation of
standards set forth in Section 8.32.030, which disturbs the peace and quiet of the
neighborhood or which causes discomfort or annoyance to any reasonable person of normal
sensitivity residing in the area.
(f) The firing of gunshots or brandishing of weapons by a resident of the property, or by a guest
July 31, 1997 3
of a resident.
(g) The occurrence of malicious mischief including vandalism or actions that damage property or
cause or attempt to cause personal injury.
Three or more arrests or detentions within any 12 month period for drunkenness linked to the
property (e.g. the house, apartment or specific multi-family uni0 or for providing alcoholic
beverages to or permitting consumption of alcoholic beverages by any person under 21 years
of age on the property.
(i) Harassment of other persons wherein such harassment involves repeated threats of physical
harm to others or actions which may cause physical harm to others.
A nuisance shall not be deemed to have originated from a property unless (1) it involves actions
prohibited in Section 8.26.080, (2) there is a nexus between the action and the residential rental property
(e.g. an absence of reasonably necessary security measures or property management), and (3) the
nuisance has occurred within one hundred (100) feet of the property.
8.26.090 Citation and Order; Issued.
(a)
Whenever the Chief has inspected or caused to be inspected any residential rental property and
has found and determined that the property is in violation of this code, the Chief may issue a
citation and order to abate the nuisance as provided herein. Before a citation and order is
issued, the Chief shall communicate, in writing, with the owner and tenant to request that the
owner and/or tenant voluntarily cooperate with the City to abate the nuisance, and/or
encourage the owner to participate in a mediation program designed to foster cooperation
between property owners, interested persons, and the City. The City shall take affirmative
steps to pursue the actual perpetrators and enforce the law against them.
No citation and order shall be issued hereunder if the owner is, in a timely manner, making
reasonable good faith efforts to abate the nuisance. Examples of good faith efforts may
include prompt responses to City communications and requests, active property management,
taking steps to repair physical conditions which contribute to the nuisance, eviction where
deemed appropriate by the property owner, and screening of tenants. If, in response to a
citation, the owner takes legal action to evict or takes other bona fide legal action against a
tenant, the owner shall be deemed to be in good faith compliance with this chapter and no
administrative penalty may be assessed notwithstanding that the court may deny the eviction or
other relief sought.
(c)
(1) Whenever the Chief notifies an owner or manager of residential rental property in writing
of a nuisance alleged to be caused by a specific tenant or the tenants or guests of a specific
unit, the Chief shall concurrently give written notice thereof to the specific tenant(s) or
unit(s). Notice to the tenant or unit need not be given when the Chief determines that
doing so would endanger persons or compromise an ongoing police investigation.
(2) The notice shall generally describe the nuisance and the City's remedies under this code.
(3) Whenever the Chief issues a citation and order to abate a nuisance at a rental property, the
July 31, 1997 4
Chief shall concurrently issue a written notice to the tenants of the particular property
associated with the citation.
(4) The Chief shall establish procedures for providing all tenants with notice of subsequent
proceedings and actions pursuant to this chapter.
(5)
The Chief, the property owner, and, if appropriate, the tenants, may enter into a written
abatement plan that describes what abatement actions that the property owner and/or
tenants shall take to bring the property into compliance with this Chapter and, if
appropriate, a timeline for completing said action
(d) The City Attorney or his or her designee shall review and approve each citation and order
before it is issued.
8.26.091 Mediation.
(a) Any time after service of a notice of nuisance as set forth in Section 8.26.090, either the
property owner or the Chief may initiate the mediation process herein established by notifying the other of
its desire to commence mediation. Said notice shall be served on the Chief or the property owner in
accordance with the rules set forth in Section 8.26.140(b).
(b) Within ten (10) days of effective service of the request to initiate mediation, the Chief and the
property owner shall each submit to the other the name of an experienced mediator whom they are willing
to utilize as a mediator and who has agreed to act as a mediator in the subject dispute. Thereafter, if the
Chief and the property owner are unable to agree as to which proposed mediator to use, the presiding
judge of the Superior Court of San Mateo County shall be empowered to choose one or the other of the
proposed mediators upon the ex parte application of either party. If either party fails to submit the name
of an agreeable mediator, the other party's mediator shall automatically become the selected mediator.
(e) Within 5 days of the selection of the mediator the Chief shall notify the mediator of his or her
selection. Within ten (10) days of said notification, the mediator shall serve the Chief and the property
owner with a scheduling memorandum which memorandum shall set the day for the mediation.
(d) The mediation may be conducted in any fashion which the mediator deems appropriate so
long as the Chief and the property owner are given a reasonable opportunity to be heard. The mediation
shall be conducted in one or more days, but in no event shall the mediation take more than eight (8) hours.
Either party may recommend that persons in addition to the Chief and the property owner attend the
mediation, and the mediator may request the attendance of those persons or may request that other persons
who the mediator believes would be helpful to the mediation process also attend.
(e) At the conclusion of the mediation, the mediator shall issue a report which sets forth the
agreements, if any, which have been reached with respect to abatement of the subject nuisance. Such
agreements shall be binding on the parties and may be enforced through the process set forth in Section
8.26.230.
(f) Each party shall bear their own expenses of mediation. The property owner and the chief
shall share equally in the fees and expenses of the mediator whose fees shall not exceed $85.00 per hour
and whose expenses shall not exceed $20.00 per day for each day of mediation.
July 31, 1997 5
8.26.100 Citation and Order - Content; Service; Fee.
(a) The citation and order shall contain:
(1) The street address and such other description as is required to identify the property.
(2)
A statement specifying with particularity the behaviors which constitute the nuisance,
including names to the extent permitted by law, descriptions, addresses and unit numbers
of the persons or person allegedly causing the nuisance, and the actions which the Chief
orders the record owner take to abate the nuisance.
(3)
A statement advising the owner to abate the nuisance within forty-five (45) calendar days
of mailing of the citation and order, or such longer time is the Chief may order. An
extension of time to abate the nuisance may be granted if the owner is making good faith
efforts to abate the nuisance.
(4) A statement advising the owner and tenant that he or she has the right to request a hearing
to contest the citation and order.
(5)
A statement advising the owner and tenant that an administrative penalty in an amount not
more than $500 for the first citation, not more than $1,000 for the second citation, and not
more than $5,000 for any subsequent citations shall be imposed upon the owner or tenant
or both and a lien made on the property involved if the nuisance is not abated as required
by the citation and order and no written request for hearing is filed within the time period
specified in Section 8.26.130
(c)
(6)
(7)
A statement that in responding to the citation and order, the owner must comply with all
applicable federal, state and local regulations relating to evictions and prohibitions against
discrimination.
A statement that, pursuant to Section 8.26.091(a), either the property owner or the Chief.,
may initiate mediation.
(8) The mailing address and street address of the Chief.
The citation and order shall be served in the manner prescribed by Section 8.26.140 (b) and
(c).
A reimbursement obligation shall also be imposed on the owner or tenants of any residential
rental property for which a citation and order is issued pursuant to this chapter including the
cost of any qualified hearing officer used pursuant to section 8.26.150. The reimbursement
amount, which shall be set by the City Manager or his or her designee, shall be calculated to
recover the total City cost of inspections and enforcement related to the abatement order.
However, in no event shall the owner or tenants be assessed the expenses incurred by the City
prior to the issuance of the notice of citation. The City Council may order that any unpaid
reimbursement amount owed by the property owner be assessed against the property pursuant
July 31, 1997 6
(d)
(0
8.26.110
(a)
to Section 8.26.240.
Any unpaid amount owed by a tenant may be referred to a collection agency. The citation and
order shall state that a written abatement plan executed in accordance with section
8.26.090(e)(5) by the owner, tenants, and Chief, with or without mediation, shall be deemed
to be a final order of the hearing officer.
If an owner or tenant elects to participate in mediation pursuant to Section 8.26.091, the time
within which a request for hearing may be filed shall be extended by sixty (60) days. The
owner, or his or her authorized representative, shall appear personally at the mediation as set
forth in the mediation procedures in Section 8.26.091.
The Chief shall not impose any abatement actions that would require the owner to violate state
or federal housing law on evictions, retaliatory or discriminatory conduct, or privacy.
Chief's Review; Notice of Administrative Penalty.
After the time for abatement set forth in the citation and order has expired, the Chief shall
determine whether the owner and/or tenant has taken the action ordered by the Chief and
whether the nuisance has been abated. If the Chief determines that the nuisance has been
abated, the owner and any occupants other than the owner and tenant shall be notified in
writing of such determination and the citation shall be dissolved.
(b)
If the Chief determines that the nuisance has not been abated, the Chief may impose an
administrative penalty of not more than $500 for the first citation, not more than $1,000 for
the second citation, and not more than $5,000 for any subsequent citations upon the owner
and/or tenant. In addition, the Chief may issue another citation and order to the owner
pursuant to Section 8.26.090.
If the Chief imposes administrative penalty upon the owner, the Chief shall issue a notice of
such penalty to the record owner of the property, and, if applicable, to any occupants of the
property who are not the owner. The notice shall specify the amount of the administrative
penalty, advise the owner of his or her right to request a hearing to contest the administrative
penalty, and state that if no hearing request is received within fifteen (15) calendar days, the
administrative penalty will become final and be made a lien upon the property involved.
(d) The notice of administrative penalty shall be served in the manner prescribed by Section
8.26.140(b) and (c).
8.26.120 Right to a Hearing.
The property owner or tenant has the right to request a hearing to contest any citation and order
issued or any administrative penalty imposed by the Chief.
8.26.130 Requests for Hearing.
July 31, 1997 7
(a)
Co)
8.26.140
(a)
All requests for hearing shall be made to the Chief.
A request for hearing to contest a citation and order or an administrative penalty shall be made
in writing within fifteen (15) calendar days from the effective date of service of the citation
and order or notice of administrative penalty.
If a request for hearing is not filed within the time period set forth in subdivision (b) above,
the citation or administrative penalty shall be deemed a final order of the City hearing officer.
Hearing Notice.
Upon the owner's or tenant's request for a hearing, the Chief shall issue a hearing notice. The
notice shall contain:
(1) A copy of the citation and order.
(2) A copy of the notice of administrative penalty, where applicable;
(3) An order to the owner to appear before a hearing officer at a stated time, but in no event
less than twenty (20) calendar days after the effective date of service of the hearing notice.
(b)
A list of the actions which the Chief intends to ask the hearing officer to order the owner
to take if the matter is not resolved before the hearing. Nothing shall prevent the hearing
officer from ordering other actions not listed in the hearing notice, but the owner shall
have the right to ask for a supplemental hearing on such other actions as set forth in
Section 8.26.220.
(5) A statement that all interested persons may attend and testify at the hearing.
The hearing notice, and any amended or supplemental notice, shall be served either by
personal delivery or by mailing a copy by certified mail, postage prepaid, return receipt
requested, upon the tenant and record owner at the owner's address as it appears on the latest
equalized assessment roll of San Mateo County, or as known to the Chief. At the discretion of
the Chief, copies of the notice may also be mailed to the owner by first class mail or mailed to
any holder of an interest in the property or a mortgage, deed of trust, or other lien or
encumbrance of record.
In lieu of personally serving the owner or tenant or service by certified mail, service of the
nOtice and any amended or supplemental notice may be made as follows:
(1)
In the event that the owner or tenant refuses to accept certified return receipt mail or
cannot be personally served, service may be made by substituted service. In lieu of
personal delivery of a copy of the notice, a notice or any amended or supplemental notice
may be served by leaving a copy during usual office hours in his/her office with the
person who is apparently in charge, and by thereafter mailing by first-class mail a copy of
the notice to the owner at the address where the copy of the notice was left. Or, a notice
or any amended or supplemental notice may be served by leaving a copy at the owner's or
July 31, 1997 8
tenant's dwelling, usual place of abode, or usual place of business in the presence of a
competent member of the household or person apparently in charge of his/her office or
place of business, at least 18 years of age, and thereafter mailing by first-class mail a copy
of the notice to the owner at the address where the copy was left.
In the event the owner or tenant refuses to accept certified return receipt mail or cannot be
personally served and has a property manager, or rental agency overseeing the property,
substituted service may be made as set forth in (1) above upon the property manager or
rental agency.
(3) If the owner lives out of state and will not accept certified return receipt mail, then service
may be made by first-class mail.
(4)
If the owner of the property cannot be located after a diligent search, service may be
made by publication in a San Mateo newspaper of general circulation which is most likely
to give actual notice to the owner. Service shall be published twice with at least five (5)
days intervening between the first publication and the second publication.
(c)
Proof of service of the hearing notice shall be certified by written declaration under penalty of
perjury executed by the person effecting service, declaring the time, date and manner in which
service was made.
(d) Failure to effect service on any person specified herein shall not invalidate proceedings against
any person who is properly served.
8.26.150 Hearings - Generally.
At the time set for hearing the hearing officer, which shall be the City Manager or as directed by
the City Manager, the Assistant City Manager, or, at the owner's option and cost, a qualified neutral
hearing officer selected by the City, shall proceed to hear the testimony of City staff, the owner, any
tenants, and other persons respecting the nuisance-creating behaviors on the property and the steps
necessary to abate the nuisance, or the imposition of an administrative penalty.
8.26.160 Record of Oral Evidence at Hearing.
The proceedings at the hearing shall be recorded by a tape recorder. Either party may
provide a certified shorthand reporter to maintain a record of the proceedings at the party's
own expense.
(b) Preparation of a record of the proceeding shall be governed by California Code of Civil
Procedure Section 1094.6, as presently written or hereinafter amended.
8.26.170 Continuances.
The hearing officer may grant continuances from time to time for good cause shown.
8.26.180 Oaths.
July 31, 1997 9
The hearing officer shall administer the oath or affirmation.
8.26.190 Manner of Conducting Hearing.
The rules regarding the conduct of the hearing shall be as set forth in Section 8.24.070, including
any amendments thereto.
8.26.200 Official Notice.
In reaching a decision, official notice may be taken, either before or after submission of the ease
for decision, of any fact which may be judicially noticed by the courts of this state or which may appear in
any of the official records of the city or any of its departments.
8.26.210 Inspection of Property.
The hearing officer may inspect the exterior of the property involved in the hearing prior to,
during or after the hearing, provided that:
(a) Consent is granted by a person with the lawful right to grant consent or any inspection warrant
is obtained;
(b) Reasonable notice of such inspection shall be given to the owner and tenants before the
inspection is made;
(e) The parties are given an opportunity to be present during the inspection;
(d)
The hearing officer shall state for the record during the hearing, or file a written statement
after the hearing for inclusion in the hearing record, upon completion of the inspection, the
material facts observed and the conclusions drawn therefrom; and
(e)
Each party then shall have a right to rebut or explain the matters so stated by the hearing
officer either for the record during the hearing or by filing a written statement after the
hearing for inclusion in the record.
8.26.220 Decision of the Hearing Officer.
If it is shown by a preponderance of the evidence that behaviors occurring on the property
constitute a public nuisance as defined in this Chapter and that the owner of the property has not taken
adequate steps to abate the nuisance as prescribed by the Chief, the hearing officer shall issue a written
decision declaring the property a public nuisance. The hearing officer may affirm, reject or modify any
administrative penalty or abatement measure imposed on the owner or tenant by the Chief based upon the
severity of the nuisance-creating behaviors on the property and the owner's efforts, or lack thereof, to
remedy the problem. The administrative penalty may be adjusted if the hearing officer finds that
imposition of the penalty would work a substantial undue economic hardship on the owner or tenants. The
hearing officer may order the owner to take such reasonable action it deems appropriate to abate the
nuisance. The actions ordered shall be reasonable and may include, but shall not be limited to:
(a) Provision of additional interior or exterior lighting;
Suly 31, 1997 10
(b) The posting of security personnel on the property;
(e) Installation of appropriate fencing;
(d) Posting of signs on the property, and provisions in rental applications and agreements, which
state that illegal use of controlled substances and other nulsanee-ereating behaviors on the
property shall be grounds for eviction;
(e) Directing that the property be managed in a manner consistent with federal, state or local law;
(f) Hiring of a competent resident manager who has experience, education, and training in rental
property management;
(g) Posting a sign on the property setting forth the name, address and daytime and evening
telephone numbers of the owner or of a local property manager who is authorized to make
decisions relating to management of the property;
(h) Obtaining education and training in rental property management;
(i) Implementation of a property management program including elements such as effective
applicant screening, appropriate rental agreements; and appropriate use of eviction
procedures;
O) Removal of graffiti
(k) Provision of other minimum security requirements or elements of "Crime Prevention Through
Environmental Design" principles and the City's Minimum Security Standards as set forth in
Chapter 15.48 such as adequate locks, strike plates, maintenance of property, etc.
(1) Such other reasonable actions as may be deemed appropriate by the hearing officer.
The hearing officer shall not have the authority to order that the owner evict a tenant or any other
person from the property.
If the hearing officer orders the owner to take specific actions to abate the nuisance, the Chief
shall review the owner's compliance with the hearing officer's order pursuant to Section 8.26.110. The
owner shall be given reasonable time to comply with the hearing officer's order.
If the decision orders the owner to take any actions which were not listed in the hearing notice, the
decision shall specifically designate those actions, and if the owner objects to those actions as unnecessary
or infeasible, the owner may request a supplemental hearing before the hearing officer on the subject of
the appropriateness of those actions only, by filing a written request with the Chief within fifteen (15)
calendar days after the effective date of service of the decision is made to the owner. A request for
supplemental hearing shall not stay the hearing officer's order to take actions which were listed in the
hearing notice.
July 31,1997 11
The decision of the hearing officer shall be final. The decision shall inform the owner that the
time for judicial review of the hearing officer's decision is governed by California Code of Civil
Procedure Section 1094.6.
The decision shall be posted on the property and served upon the owner by personal delivery or by
certified mail, return receipt requested, and shall be sent by first class mail to any occupants other than the
o~wner, any holder of any mortgage or deed of trust or other lien or encumbrance of record, the owner or
holder of any lease of record, and the holder of any other estate or legal interest of record in the property.
Failure to serve the decision on any person specified herein shall not invalidate proceedings against any
person who is properly served.
8.26.230 Enforcement of Hearing Officer Orders.
After any order of the hearing officer made pursuant to this code shall have become final, no
owner to whom any such order is directed shall fail, neglect or refuse to obey any such order. The City
Attorney may commence appropriate judicial action against any owner who fails to abate a nuisance
pursuant to a final order of the Chief or the order of the hearing officer.
8.26.240 Procedures for Collection of Administrative Penalty.
The administrative penalty shall be due and payable within thirty (30) days after the decision of the
Chief becomes final or within thirty (30) days after the hearing officer's decision is issued. If the penalty
is not timely paid, the City Council may thereupon order that the penalty be recorded as a lien against the
property involved. The City Council may also order that the lien against the property be enforceable
upon the sale or transfer of the property.
The City Council may also order that a notice of lien be recorded. The notice shall, at a
minimum, identify the record owner or possessor of the property, set forth the last known address of the
record owner or possessor, the date on which the penalty was imposed by the hearing officer, a description
of the real property subject to the lien, and the amount of the penalty.
No owner shall pass on to tenants penalties incurred pursuant to this chapter.
8.26.250 City Council Review
This chapter shall be reviewed by the City Council one (1) year from the date of its enactment.
The purpose of this review shall be to determine whether implementation of the chapter has adequately
addressed the concerns stated in sections 8.26.020 and whether implementation has fulfilled the purpose
stated in section 8.26.030. The City Council, at its option, may initiate subsequent reviews of this chapter
at any time after the initial one-year review.
SECTION 2: SEVERABILITY.
In the event any section or portion of this ordinance shall be determined invalid or
unconstitutional, such section or portion shall be deemed severable and all other sections or portions hereof
shall remain in full force and effect.
July 31, 1997 12
SECTION 3: PUFII.ICATION AND EFFECTIVE DATE.
Pursuant to the provisions of Government Code Section 36933, a Summary of this Ordinance shall
be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this
Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the
City Clerk's Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this
Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk's Office a certified
copy of the full text of this Ordinance along with the names of those City Council members voting for and
against this Ordinance or otherwise voting. This ordinance shall become effective thirty days from and
after its adoption.
July 31,1997 13
Introduced at a regular meeting of the City Council of the City of South San Francisco, held the
13th day of August ,1997.
Adopted as an Ordinance of the City of South Francisco at a regular meeting of the City Council
held the 27th day of August ,1997 by the following vote:
AYES: Councilmembers James L. Datzman,
Majtnr ,ln.q~ph A. F~.rn~.k~q
NOF~: Councilmembers John R. Penna and
ABSTAIN: None
ABSENT: None
ATTEST:
Euqene R. Mullin and
Robert Yee
As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this
day of August ,1997. ~ ". ~
I ~1 Mayor ·
A:~IUISANCE.FNL
July 31, 1997 14
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