Council study session will reveal crime eviction law

Jennifer Kho

COSTA MESA -- At its study session today, the City Council will review

a revised proposal that would require landlords to evict tenants who

commit drug- or gang-related crimes.

Costa Mesa Police Department staff recommended an ordinance

establishing a crime eviction program in May, but the council denied the

program and asked the staff to revise the proposal.

Councilmen Gary Monahan and Chris Steel were in favor of the original

proposal but said they have not yet reviewed the revision.

“I am in favor of a [crime eviction ordinance] because it would be a

tool we can use to deter gangs and put landlords or slum lords on notice

that they have got to be more observant about who their tenants are and

what they are doing,” Steel said. “It could prevent gangs, drugs and

other things going on in some of these apartments. I am for this

ordinance, as long as it isn’t watered down.”

Monahan said he is waiting to get feedback from the police and to

learn more about the revision at the study session before making a

decision.

“I am obviously for [a crime eviction ordinance],” he said. “I thought

it was a shame we didn’t pass it in May.”

The revision attempts to address some of the concerns expressed by

Mayor Libby Cowan, and Councilwomen Linda Dixon and Karen Robinson at the

May meeting.

“We sent it back for them to really define what the ordinance is,”

Dixon said. “I had some concerns. I want to make certain that people are

proven guilty before a letter is sent.”

The previous proposal did not state that tenants would have to be

convicted before the landlord would be required to evict them and

Robinson said she was concerned that the proposal would have required

landlords to evict tenants even if they were only suspected of being

criminals.

“How could we hold landlords to making that determination and how

could they ever defend themselves if a tenant challenged them in court?”

she said.

The new proposal adds requirements that an arrest occur before

landlords are required to evict a tenant, that the City Attorney’s office

review the matter before a violation notice is sent to a landlord and

that a landlord is granted 30 days to evict a tenant or file an appeal to

the city, instead of the 15 days previously proposed.

If passed, the ordinance will be a pilot program that only lasts for

two years unless it is readopted by the council in 2003.

Doug Scribner, a Costa Mesa resident and the vice chair of the

Libertarian Party of Orange County, said he is against the ordinance

because it would violate landlords’ rights and allow them to be punished

for their tenants’ crimes.

John Feeney, another Costa Mesa resident, has spoken in favor of a

crime eviction ordinance for more than a year.

“It’s obvious that some of the City Council members are soft on

gangs,” he said. “This ordinance will help get rid of the gangs. The

Police Department has done a lot of work in putting this together and I

think [the council members] were just making excuses to turn it down.”

If the City Council decides to consider adopting the revised proposal,

it will discuss the issue again at a regular council meeting in the

future.

FYI:

WHAT: Costa Mesa City Council study session

WHERE: Police Department Auditorium, 99 Fair Drive, Costa Mesa

WHEN: 4:30 p.m. today

INFORMATION: (714) 754-5223