§ 11-195. Landlord's duty to abate

(a) A landlord shall not knowingly permit a tenant to use or occupy any leased, residential premises if the tenant commits, permits, maintains, solicits or is involved in any illegal drug activity or gang related crime on said premises that results in an arrest and conviction. This section is not violated unless and until a landlord fails to take abatement action pursuant to this section within the thirty-day period allowed.

(b) A landlord who receives a notice of violation shall, within thirty (30) calendar days of the date of mailing of the notice, either:

(1) Serve a three-day notice to quit or a thirty-day notice to vacate on the offending tenant(s), provide the city prosecutor or city attorney with all relevant information pertaining to the unlawful detainer case, and diligently prosecute the same, or

(2) File an appeal with the city manager.

(c) A landlord who has appealed a notice of violation and the notice has been affirmed shall within thirty-calendar-days of the date of mailing of the ruling serve a three-day notice to quit or a thirty-day notice to vacate on the offending tenant(s) and diligently prosecute the same.

(d) Notwithstanding the provisions of subdivision (b), above, the landlord of an extended occupancy motel room, as defined herein, who is not legally required to utilize the eviction or unlawful detainer procedures to evict a tenant, shall cause the removal of the offending tenant or file an appeal with the city manager within thirty-calendar-days of the date of mailing of the notice of violation.

(e) A landlord prosecuting an unlawful detainer action pursuant to this chapter shall, within seven (7) days of receiving an order or judgment from the court, deliver a copy of such order or judgment to the chief of police.

(f) Nothing in this chapter shall prevent a landlord from complying with this chapter by persuading or allowing the offending tenant(s) to voluntarily vacate the premises within the time period allowed.

(g) A landlord shall not lease any rental unit that has been vacated according to the provisions of this chapter, or any other rental unit in the same rental unit complex, to an offending tenant(s) prior to the expiration of twelve (12) months following said tenant(s) vacating the rental unit.

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