§ 11-191. Definitions

For the purposes of this chapter, the following words and phrases shall be construed to have the meanings herein set forth.

(a) Criminal street gang means any ongoing organization, association or group of three (3) or more persons, whether formal or informal, having as one (1) of its primary activities the commission of one (1) or more of the criminal acts enumerated in Penal Code section 186.22(e), having a common name or common identifying sign or symbol, and whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity as defined in said section.

(b) Diligently prosecute means filing an unlawful detainer action pursuant to California Code of Civil Procedure § 1161(4) and the procedures described herein or seeking eviction where no unlawful detainer action is legally required; and pursuing such action with constant and earnest good faith effort in an effort to accomplish the vacation of the premises by the offending tenant(s) without unreasonable delays.

(c) Extended occupancy motel room means any motel room that is rented to a person or persons whose occupancy exceeds twenty-eight (28) consecutive days or twenty-eight (28) days in any sixty-consecutive-day period as set forth in section 13-173(a) of this Code.

(d) Gang member means any person who actively participates in any criminal street gang.

(e) Gang related crime means any crime committed by a gang member as defined herein.

(f) Illegal drug activity means a violation of any of the provisions of Chapter 6 (commencing with section 11350) or Chapter 6.5 (commencing with section 11400) of the California Health and Safety Code, or any successor provisions thereto.

(g) Knowingly permit means having notice or knowledge of any illegal drug activity or gang related crime occurring on the premises and failing to take action to abate said activities.

(h) Landlord means an owner of residential property who leases or subleases a rental unit to a tenant(s) on property within the City of Costa Mesa. "Owner" includes a person, corporation, partnership, or other legal entity and any agent or independent contractor responsible for leasing for the owner.

(i) Offending tenant means any tenant who commits, permits, maintains, solicits or is involved in any illegal drug activity or gang related crime on the premises and at least one (1) tenant of the premises has been arrested, cited and/or convicted of such illegal drug activity or gang related crime.

(j) Premises means the interior of a rental unit and any accessory buildings and the land on which they are located, and the interior of any other residences if leased by the same landlord and located at the same rental unit complex, including, but not limited to, common areas, walkways, garage facilities, private streets and alleys, halls, stairwells and elevators, and the portion of any public street which is immediately adjacent thereto.

(k) Rental unit means any dwelling as defined in section 13-6 of this Code, including, but not limited to, any single and multi-family residence, duplex, court, condominium and/or townhouse in the City of Costa Mesa. The term "rental unit" shall also include any mobile home or trailer for which rent is paid, or for which rent is paid for the land upon which the mobile home or trailer is located, or both. This term shall also mean any recreational vehicle, as defined in California Civil Code § 799.24, if located in a mobile home, trailer or recreational vehicle park, and for which rent is paid, or for which rent is paid for the land upon which it is located, or both. "Rental unit" shall also include any extended occupancy motel room.

(l) Tenant means any tenant, subtenant, lessee, sublessee or any person entitled to the use or occupancy of a rental unit, or any other person residing in a rental unit, except "tenant" does not include any person under eighteen (18) years of age unless she or he is a legally emancipated minor.

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