Council begins study of crime eviction program

Jennifer Kho

COSTA MESA -- There was a hint of the debate to come as the City

Council on Monday discussed its concerns about a proposal to 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

proposal and asked the staff to revise it.

The revised 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 be granted 30 days to evict a tenant or file an appeal to

the city, instead of the 15 days previously proposed.

At the study session, Councilmen Chris Steel and Gary Monahan said the

revised proposal might not be strong enough.

“One concern I have is when someone manufactures drugs, that would

qualify as a drug-related nuisance,” Monahan said. “We would no longer

have that ability to go after meth-lab types of situations.”

Lt. Tom Curtis said he does not think the revision has watered down

the ordinance and only excludes very rare exceptions.

Both Steel and Monahan supported the ordinance in general.

“This ordinance, as I see it, is to go after slumlords and not to go

after landlords who are responsible,” Steel said. “We can nit-pick this

thing to death, but I think we need to keep our eye on the ball here.”

The rest of the council had other concerns.

Councilwoman Karen Robinson said the draft is unclear and

inconsistent.

“We need to tell people what is going to happen if they violate this

ordinance,” she said. “I think it can be spelled out a lot clearer so

everyone understands what is expected of them and what they will be held

accountable for. . . . I think there is a way to word this that would

give the council the safeguards we want and still gives this ordinance

teeth.”

Councilwoman Linda Dixon took issue with proposal because tenants

would be evicted for being arrested but not necessarily convicted.

“What this says to me is that, instead of being innocent until proven

guilty, these people will be guilty until proven innocent,” she said.

Heather Iker, deputy city attorney, said the city attorney’s office

has concluded the city is legally safe if it adopts the ordinance.

Tenants could sue landlords in civil court if they think the eviction

is unfair and would also still go through due process in any criminal

case, she said.

Mayor Libby Cowan, who does not favor the proposal, asked that more

information be provided.

“What is the extent of the problem?” she said. “Is there anything that

prevents us from communicating with landlords now? I have a real problem

with this. . . . I think this opens us up to harassment and a situation

where you rat on your neighbor. I don’t understand what this ordinance

has that we don’t already have.”

The council will consider the proposal at a future, but as yet

unscheduled, meeting.

QUESTION

Ready to go?

What do you think of the revised version of the city’s proposed crime

eviction law? Call our Readers Hotline at (949) 642-6086 or send e-mail

to o7 dailypilot@latimes.com.f7 Please spell your name and include

your hometown and phone number, for verification purposes only.