Declaring War on Drug Houses

On Monday, October 14, Mayor Marchand will introduce to the Livermore City Council something he has long been pushing for. Mayor Marchand even wrote an Op-Ed for the Patch on the topic last May. The measure, officially know as the Abatement of Property Used for Unlawful Drug Activities Ordinance, is designed to give the Livermore Police and City Attorney's office a new set of tools to insure Livermore Properties do not become havens for the manufacture, storage or distribution of illegal drugs.

“It will be a four part process,” said Acting City Attorney Jason Alcala. Alcala has been working closely with Assistant City Attorney Kevin Young and Livermore Police Chief Michael Harris. This team crafted the ordinance under he authority of California State Law, specifically, Health and Safety Code Section 11570.

As Alcala describes it, the first step will involve the actual Police call which would involve at least one arrest for significant drug related activity. That activity will include Manufacture, Storage or Possession of controlled substances with Intent to Distribute.

The second step would usually be as a result of two or more incidents at the same location. Whereas the Police and City Attorney's office, and, in some instances, the Neighbourhood Preservation Department, would determine what, if any, negative effects activities at the property are having on neighbourhood. Alcala implied that, if there are no negative effects, the process would likely stop at that point. However, repeated calls by concerned neighbours would strongly contribute to that determination, and information provided by neighbours in such cases would be welcome.

In the third step the Police would refer the problem to the City Attorney's office. At that point, the City Attorney would contact the Property Owner and attempt a resolution in which the Property Owner takes action with the City Attorney's full support. Councilwoman Laureen Turner opposed the initiation of the ordinance over concerns that it would unduly punish property owners. The team writing the ordinance took this into account while crafting it.

Alcala said it was important for his office to give property owners the tools they need to fix the problem. According to Alcala, his office would be very active when this kind of case arises.

The fourth step would, if all else fails, be for the City Attorney to begin civil action against the Property Owner. The City Attorney would act if the owner is uncooperative or unresponsive. Some of the penalties may be quite severe. The penalties may include closure of the property, requiring the owner take up residence in the property till the problem is abated, ordering the property owner to become part of a neighbourhood watch and ordering improvements to the property.

Alcala described one drug house in another city that had a window next to an alley way. “It was used as a drive-thru for drug sales,” Alcala said. Under a similar ordinance, that window was ordered sealed.

“We want to focus on the Bad Actor,” Alcala said, surgically targeting those responsible as little collateral damage as possible. Alcala anticipates there should be no more than one action of this sort per year in Livermore, based on past experience.

“It will be a very deliberate process,” Alcala said. “But in the case of a public safety hazard, it can be expedited.”

Alcala elaborated in describing a “Breaking Bad” situation in which a Methamphetamine Lab were discovered. In such a case, Alcala said there would be fast action to insure public safety. Meth Labs are known to contain toxic chemicals and, on occasion, to result in firey explosions. In such cases, according to Alcala, the ordinance will allow his office to act quickly and effectively.

The Livermore Patch has reported several drug house raids over the past two years. These include drug busts on Hibiscus Way in Springtown, Valley of the Moon Road, Chestnut Street, and Olivina Avenue.

One of the more significant incidents occurred in Springtown on June 19th of this year. Neighbours responding to the story spoke of how the residence had been a problem for years. According to Alcala there were significant difficulties dealing with that particular incident, and this ordinance should correct many of those.

If the ordinance is adopted by the City Council, it will take effect 30 Days after adoption.

Attempts to communicate with the Livermore Police Department for background details on this story were unsuccessful.

The Abatement of Property use for Unlawful Drug Activities Ordinance can be read online on Page 97 of this document.