Policy Text
RM 532.08 Nuisance Abatement
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SACRAMENTO POLICE DEPARTMENT
NUISANCE ABATEMENT MANUAL
RM 523.08
08-31-15
SACRAMENTO POLICE DEPARTMENT
NUISANCE ABATEMENT MANUAL
RM 532.08 Nuisance Abatement
Page 2 of 18
RM 523.08 Table of Contents
CHAPTER I INTRODUCTION .............................................................................................................................................. 3
CHAPTER II THE SOCIAL NUISANCE CODE ................................................................................................................. 4
CHAPTER III ADMINISTRATIVE PENALTIES 1.28.080 SCC ....................................................................................... 6
CHAPTER IV - ABATING LOUD PARTY NUISANCES WITH ADMINISTRATIVE PENALTIES .............................. 9
CHAPTER V NUISANCE LITIGATION ............................................................................................................................. 10
EXHIBIT A - ADMINISTRATIVE PENALTIES WARNING LETTER - OWNER ........................................................... 13
EXHIBIT B - ADMINISTRATIVE PENALTIES WARNING LETTER – TENANT ........................................................ 14
EXHIBIT C - ADMINISTRATIVE PENALTIES CITATION – SPD 593 ......................................................................... 15
EXHIBIT D - ADMINISTRATIVE PENALTY APPEAL SUMMARY ............................................................................... 16
EXHIBIT E - NEIGHBORHOOD NUISANCE ABATEMENT QUESTIONNAIRE ....................................................... 17
SACRAMENTO POLICE DEPARTMENT
NUISANCE ABATEMENT MANUAL
RM 532.08 Nuisance Abatement
Page 3 of 18
CHAPTER I INTRODUCTION
Historically, the City of Sacramento had problems dealing with property owners that were either unable, or unwilling to take
charge of their properties and abate the nuisance conditions or the nuisance- creating behavior of the occupants. The only
remedies to solve neighborhood nuisance problems were to use law enforcement tactics as a means of arresting away
problems, or by having the City Attorney’s Office file nuisance lawsuits against the property owner. Arresting individuals is
a temporary and ineffective approach to problem solving and it does not address the long standing nuisance conditions or prevent repeated instances of nuisance creating behaviors. Civil suits are often time consuming and involve convoluted
and expensive proceedings which often take up to 2 years to resolve. The Sacramento City Social Nuisance Code (SNC)
(Sacramento City Code “SCC” Chapter 8.08) was developed to address the problems associated with such public
nuisances. SPD uses the administrative penalty process ( SCC Chapter 1.28) to compel property owners to abate nuisance
conditions that are being permitted to exist on their properties . Just as the physical conditions of properties within the city
can constitute public and private nuisances, the behavior of persons on properties within the city can also constitute public
and private nuisances. Examples of behavior which can constitute nuisances include large and noisy gatherings, noisy activities during late -night hours, use or sale of controlled substances on the premises, and the coming and going of
persons with the intent to purchase controlled substances. SPD officers are empowered to impose administrative penalties on property owners who permit nuisance creating behaviors to exist on their properties in violation of the Social Nuisance Code.
The Sacramento Police Department has formed a partnership with the City Attorney’s Office and City Code Enforcement to
form the Justice for Neighbors Team (JFN). The J ustice for Neighbors (JFN) team consists of several entities: The JFN
attorneys, JFN Police Sergeant, JFN Code Compliance Director, JFN Code Specialist, JFN Building Inspector, SPD Management, and the Community Development Department . This nuisance abatement team focuses on fighting the most
corrosive social and criminal nuisances that degrade the quality of life in the City’s neighborhoods. Operating under the "broken windows" theory, JFN’s aim is to identify, prioritize, and address these nuisance conditions before they grow into
more serious criminal offenses that can lead to urban decay in our communities. By denying criminal offenders the use of
real property as a base of operations, and by securing the property owner’s cooperation in the removal of criminal offenders, neighborhood revitalization can become a reality. The goal of JFN is to establish partnerships between the City
Attorney’s Office and City enforcement officers to efficiently and promptly eliminate or reduce threats to the public safety in
the City’s neighborhoods . As a collaborative unit, the JFN Team responds to problem locations in the field to conduct
evaluations to determine if a nuisance complaint will be assigned to the JFN list (nuisance litigation), or be handled by SPD
as a social nuisance case (administr ative penalties), or Code/Dangerous Buildings/Housing as a physical nuisance case
(notice and order). The JFN Police Sergeant functions as both a resource for SPD officers and JFN attorneys in the
identification and preparation of both JFN and administrati ve penalties cases.
The JFN program requires the unification and cooperation of police department personnel , City personnel , Public Safety
Division Attorneys, and JFN Attorneys. The Public Safety Division Attorney, works with the City Enforcement Officers and
Department personnel to prosecute physical and social nuisance actions, including but not limited to, drug and red light abatements, and gang injunctions. The JFN attorney works with City Enforcement Officer and SPD department personnel
to educate them about the applicable law and remedies and to identify problem locations in the district that present
nuisance problems. Additionally, the JFN attorneys compile necessary evidence to develop strategies and litigation p lans.
Working directly wit h the enforcement officers and department personnel allow s the JFN attorney