The Campbell Reporter

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CITY TIGHTENS ITS CODE ON NUISANCE; PROPERTY OWNERS ALSO RESPONSIBLE

By Cathy Weselby

Campbell city officials are clamping down on owners who don't curb disturbances at their properties.

City attorney Bill Seligman said the driving force for the changes was the day-laborer behavior issues around Hamilton and Salmar avenues. This triggered unanimous approval by council members on Jan. 15 of an amendment to the city's nuisance ordinance.

Seligman added these changes would serve as another tool for code enforcement. The city currently has one code enforcement officer to handle approximately 240 cases per year.

Property owners will be cited for disturbances by other individuals. Prior to the amendment, only the individuals were cited for disturbances.

Seligman said a "disturbing the peace" definition was added, which now includes harassment of passersby and more closely follows California penal code. He said that the definition was adopted from the city of Santa Monica.

Matt Francois, an attorney representing Home Depot, sent a letter to Seligman in response to the changes in the ordinance changes. He stated that he had concerns about the shift of responsibility from the person to the property owner.

Seligman said the person creating the nuisance is still responsible, but it also puts the onus on the property owner.

The fine for a first violation by a property owner is $100 and a second violation within a two-year period would be considered a misdemeanor. The new ordinance goes into effect in March.