A. Provided the owner of record or agent thereof, and any known manager, of a premises have been served with a written notice by certified mail, return receipt requested, advising that the Chief of Police has determined that the landlord is in violation of subsection A of § 9.95.020 hereof, and has failed to comply with the provisions of that Subsection within fifteen (15) business days of the date of service of said notice, or to file an appeal within said period as provided herein, then the City may proceed with enforcement pursuant to this chapter. Notwithstanding enforcement pursuant to this chapter, the City may proceed with an action for injunctive relief or utilize any other remedy provided by law to compel compliance, including but not limited to, all remedies available to abate a nuisance.
B. For purposes of this Section, the written notice shall also identify the offending tenant(s), unit number if applicable, and the specific violation(s), and shall state the date(s) and time(s) of any observed criminal activity and any resulting arrest(s), and shall further state that as to such tenant(s) the landlord is required to serve and diligently prosecute either a three (3) day notice to quit or a thirty (30) day notice to vacate. The term 'diligently prosecute' shall mean such prosecution by the landlord as is necessary to cause the subject rental unit to be completely vacated by all tenants who commit, permit, maintain or are involved in any illegal drug activity gang-related crime, or drug-related nuisance. No such vacated rental unit may be, re-rented, leased or otherwise reoccupied by the prosecuted tenant(s) prior to the expiration of a twelve (12) month period following the vacation of the rental unit by the tenant(s). It is acknowledged that a tenant, in his/her answer to an unlawful detainer action, may raise as an affirmative defense a denial that he/she has engaged in the prohibited conduct. A judicial decision not to order the eviction of a tenant is a defense to prosecution under this Chapter.
C. The required notice shall also state that within said fifteen (15) day period, the landlord may file a written appeal of the determination of violation with the City Clerk who shall cause the matter to be set for hearing before the Hearing Officer. Written notice of the date and time of said hearing shall be served by first class mail, addressed to the landlord's last known business address. Following the conclusion of the hearing, the Hearing Officer may affirm, reverse, or reverse subject to conditions, the Police Chief's determination of violation. The Hearing Officer's decision shall be based upon written findings and shall be final. Any review of the Hearing Officer's decision shall be in accordance with the procedures as set forth in the Code of Civil Procedure § 1094.5.
D. In the event no appeal is timely filed or an appeal is denied, the City may immediately proceed to enforce the provisions of this Chapter against such landlord by way of criminal enforcement action.
E. The offending tenant(s) shall be served with a written notice by certified mail, return receipt requested, advising such tenant(s) that the landlord is being notified of the observed criminal activity and that the landlord is required to serve and diligently prosecute either a three (3) day notice to quit or a thirty (30) day notice to vacate. The required notice shall also state that within fifteen (15) days of the date of the notice, the tenant(s) may file a written appeal of the determination of violation with the City Clerk who shall cause the matter to be set for hearing before the Hearing Officer. Written notice of the date and time of said hearing shall be served by first class mail, addressed to the tenant(s) last known address. A decision affirming the violation by the Hearing Officer shall not prevent such tenant(s) from defending any subsequent unlawful detainer action.