§ 11-194. Notice of violation

(a) To enforce the provisions of this chapter, the chief of police may cause to be delivered to any landlord a written notice of violation advising that the landlord of the rental unit will be in violation of section 11-195 of this chapter, unless the landlord takes abatement action within thirty (30) days of the date of the notice, pursuant to the provisions of section 11-195

(b) The notice shall be delivered personally or by mailing it on the date of the notice via U.S. Postal Service, return receipt requested, to the landlord at his or her address as shown on the most recent county assessor's real property tax rolls, or to any other address for the landlord known to the city, or to the landlord's manager of the rental unit. Separate notice shall also be provided to the offending tenant(s) in accordance with this subsection.

(c) The notice of violation shall:

(1) Identify the address of the rental unit, the unit number, where applicable, the offending tenant(s), a detailed description of the specific legal violation(s) which occurred, and the date(s) and time(s) of occurrence, and the resulting arrest(s) and/or conviction(s), together with sufficient documentation to aid the landlord in prosecuting the unlawful detainer action including, but not limited to documented observations of a peace officer or any witness willing to testify to supply probable cause for the unlawful detainer action, records of arrest or conviction, or such other information in the possession of the chief of police which evidences the public nuisance, illegal drug activity or gang related crime by a tenant of the rental unit. As to any offending tenant who is sought to be evicted based on allowing or permitting another person or co-tenant to engage in illegal drug activity or gang related crime, evidence shall include information sufficient to conclude by a preponderance of the evidence that the offending tenant was aware of the illegal drug or gang related criminal activity and failed to take reasonable steps to prevent or report the illegal drug or gang related criminal activity.

(2) Notify the landlord that within thirty (30) calendar days of the date of mailing of the notice, she/he must either (i) serve the offending tenant and diligently prosecute either a three-day notice to quit or a thirty-day notice to vacate, or (ii) file a written appeal of the determination of violation with the Costa Mesa City Manager.

(3) The separate notice to the tenant(s) shall also include, in at least 14-point bold type, the following:

"Notice to Tenant: This notice is not a notice of eviction. However, you should know that an eviction action may soon be filed in court against you for illegal activity as described above. You should call the city attorney at (insert telephone number) or legal aid 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 have any other legal defense or legal reason to stop the eviction action.

(d) The chief of police, at least fourteen (14) calendar days prior to sending notice of violation, shall send a letter to the landlord containing a notice that a specified tenant or occupant of the premises has been arrested or convicted for illegal drug activity or a gang related crime committed on the premises.

(Ord. No. 02-6, § 1, 3-18-02; Ord. No. 05-10, § 1, 6-21-05 ; Ord. No. 09-1, § 1, 1-20-09 )