§ 14-81. Definitions

For the purpose of this chapter, the following words and phrases shall have the meanings given herein:

(a) "Administrative costs" shall include, but not be limited to, any or all of the following:

(1) All costs associated with any hearings before a hearing officer.

(2) City's personnel costs, direct and indirect, incurred in enforcing this chapter and in preparing for, participating in or conducting any hearings subject to this chapter, including, but not limited to, attorney's fees.

(3) The cost incurred by the city in documenting the nuisance activity, including, but not limited to, the actual expense and costs of the city responding to calls reporting nuisance activity; investigating and enforcing statutory offenses related to the nuisance activity, including, but not limited to, court appearances; conducting inspections; attending hearings; and preparing notices, civil citations, and orders.

(b) "Bed and breakfast" shall mean a small establishment that offers overnight accommodation and breakfast for compensation, but usually does not offer other meals. Typically, bed and breakfasts are private homes with fewer than ten bedrooms available for commercial use.

(c) "Boarding house" shall mean a dwelling that is designed or used to accommodate guests, where guestrooms are provided in exchange for an agreed payment of a fixed amount of money or other compensation based on the period of occupancy.

(d) "Call for service" shall mean any call made to the police department requesting police services at or near the premises, and shall include officer-initiated calls for service.

(e) "Officer-initiated calls for service" shall be calls for service that are generated by officers while on routine patrol wherein officers happen upon nuisance activity as enumerated in section 14-81(r) of this chapter.

(f) "Chief of police" shall mean the chief of police and shall include his/her designee.

(g) "City" shall mean the City of Costa Mesa.

(h) "City manager" shall mean the City Manager or Chief Executive Officer of the City of Costa Mesa, and shall include his/her designee.

(i) "Enforcement officer" shall mean any person authorized by the chief of police to enforce violations of this chapter.

(j) "Excessive police call" shall mean any call for service for nuisance activity occurring at or in a lodging establishment above the threshold amount of nuisance activity.

(k) "Finance department" means the Finance Department of the City of Costa Mesa or any person or entity that the finance department designates to perform any of its functions and duties.

(l) "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.

(m) "Hearing officer" shall mean any person appointed to preside over a hearing pursuant to this chapter. The hearing officer shall not be a city employee and his/her compensation shall not be dependent on any particular outcome of the hearing.

(n) "Hotel" means a building of many rooms chiefly for overnight accommodation of transient residents and several floors served by elevators, usually with a large open street-level lobby containing easy chairs, with a variety of compartments for eating, drinking, dancing, exhibitions, and group meetings (for example, of convention attendants), with shops having both inside and street-side entrances and offering for sale items (as clothes, gifts, candy, theater tickets, travel tickets) of particular interest to a traveler, or providing personal services (as hairdressing, shoe shining), and with telephone booths, writing tables and washrooms freely available.

(o) "Lodging establishment" or "establishment" shall mean any motel, hotel, bed and breakfast, or boarding house within the City of Costa Mesa.

(p) "Lodging establishment owner" means the owner or operator of record of the subject lodging establishment, as shown on the most recent business license application for the establishment. Establishment ownership may also be demonstrated through government records, and any other publicly available records that have indicia of reliability.

(q) "Motel" means an establishment that provides lodging and parking and in which the rooms are usually accessible from an outdoor parking area.

(r) "Nuisance activity" means the occurrence of any of the following activities, behaviors, or conduct occurring at a lodging establishment:

(1) Disturbing the peace in violation of Penal Code Section 415.

(2) Manufacturing, giving away, selling, offering for sale, soliciting the sale of, possessing, purchasing, using, igniting, exploding, firing or otherwise discharging any fireworks within the city in violation of article 8 (fireworks sales) of chapter II (regulation of certain businesses) of title 9 (licenses and business regulations), any applicable provisions of the California Fire Code, as adopted by reference by section 7-14, and section 7-19

(3) The occurrence or attempted occurrence of any gang-related crime.

(4) Unlawfully discharging a firearm, whether a handgun, long gun, and/or shotgun on lodging establishment property.

(5) Parties or gatherings at which alcohol or controlled substances are illegally consumed or used by minors.

(6) The occurrence or attempted occurrence of any other criminal activity that threatens the life, health, safety, or welfare of residents of the lodging establishment, the neighborhood, or the public, including but not limited to violations of federal, state or local law.

(7) The commission or attempted commission of any serious felony or violent felony as defined in Penal Code Sections 1192.7(c) and 667.5(c), respectively.

(8) The manufacture, cultivation, sale, use, or possession of a controlled substance in violation of the Uniform Controlled Substances Act (Health & Safety Code §§ 11000 et seq.), or in violation of federal law.

(9) The commission or attempted commission of any act of prostitution as defined in Penal Code Section 647(b).

(10) The manufacture, sale, possession, or use of a firearm in violation of the Dangerous Weapons Control Law (Penal Code § 12000 et seq.).

(s) "Person" means any individual, entity, corporation, association, partnership, limited liability company, trustee, lessee, agent representative and assignee.

(t) "Property" shall mean the lot or parcel(s) of land where the lodging establishment is located within the City of Costa Mesa.

(u) "Property owner" shall mean the owner of record of the property where the subject lodging establishment is located, as shown on the latest equalized tax assessment role of Orange County.

(v) "Responsible person" shall mean the property owner, the lodging establishment owner, or both.

(w) "Subsequent police response" means any police response to a specific property in response to nuisance activity, which is made within ninety (90) days after the chief of police has given a written warning to the responsible person notifying the responsible person that administrative costs will be imposed for any subsequent response to abate the nuisance.

(x) "Threshold amount of nuisance activity" means any calls for service for nuisance activity beyond a particular lodging establishment's allotment per invoice period, which shall be based on an annual allotment of more than 0.4 calls for service per room per year for nuisance activities. The invoice period shall be set by city council resolution.

(Ord. No. 14-01, § 1, 1-7-14 )