Fort Walton Beach Council agenda — 11-14-2006‎(workshop)‎ — reading text

assistance, or legal assistance to any person. SECTION 2. DEFINITIONS. The following definition shall be added to Section 16- 3, and shall be construed so as to be consistent with state and federal law, including federal immigration law:  IlIeoal Alien: An alien who is not lawfully present in the United States, according to the terms of United States Code Title 8, section 1101 et seq. The City shall not conclude that a person is an illegal alien unless and until an authorized representative of the City has verified with the federal government, pursuant to United States Code Title 8, subsection 1373( c), that the person is an alien who is not lawfully present in the United States. SECTION 3. HARBORING ILLEGAL ALIENS. The Escondido Municipal Code is amended to add Chapter 16E, commencing with Section 16E- 1 to read as follows: Section 16E- 1. HARBORING IllEGAL ALIENS. It is unlawful for any person or business entity that owns a dwelling unit in the City and is subject to Section 16- 17, to harbor an illegal alien in the dwelling unit, knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, unless such harboring is otherwise expressly permitted by federal law . a. For the purposes of this section, to let, lease, or rent a dwelling unit to an illegal alien, knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, shall be deemed to constitute harboring. To suffer or permit the occupancy of the dwelling unit by an illegal alien, knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, shall also be deemed to constitute harboring. b. A separate violation shall be deemed to have been committed on each day that such harboring occurs, and for each adult  illegal alien harbored in the dwelling unit, beginning one business day after receipt of a notice of violation from the City. c. A separate violation of this section shall be deemed to have been committed for each business day on which the property owner has failed, following written notice from the City, to provide the City with identity data needed to obtain a federal verification of immigration status, beginning five business days after the property owner receives written notice from the City. Section 16E. 2 Enforcement. The Business License Division shall enforce the requirements of this section. a. An enforcement action shall be initiated by means of a written signed complaint to the City submitted by any official, business entity, or resident of the City. A valid complaint shall include an allegation that describes the alleged violator(s) as well as the actions constituting the violation, and the date and location where such actions occurred. b. A complaint which alleges a violation solely or primarily on the basis of national origin, ethnicity, or race shall be deemed invalid and shall not be enforced. c. Upon receipt of a valid written complaint. the City shall, pursuant to United States Code Title 8, section 1373{ c), verify with the federal government the lawful immigration status of a person seeking to use, occupy, lease, or rent a dwelling unit in the City. The Business License Division shall submit identity data required by the federal government to verify immigration status. The City shall forward identity data provided by the property owner to the federal government, and shall provide the property owner with written confirmation of such request for verification. d. If after five business days following receipt of written notice from the City that a violation has occurred and that the immigration status of any alleged illegal alien has been verified, pursuant to United States Code Title 8, section 1373( c), the owner of the dwelling unit fails to correct a violation of this section, the City shall deny or suspend the business license of the dwelling unit as provided in Section 16- 235. e. For the period of suspension. the owner of the dwelling unit shall not be permitted to collect any rent, payment, fee, or any other form of compensation from, or on behalf of, any tenant or occupant in the dwelling unit. f. The denial or suspension shall terminate one business day after a legal representative of the dwelling unit owner submits, to the Business License Division, a sworn affidavit stating that each and every violation has ended. The affidavit shall include a description of the specific measures and actions taken by the business entity to end the violation, and shall include the name, address and other adequate identifying information for the illegal aliens who were the subject of the complaint. g. The City shall forward the affidavit, complaint, and associated documents to the appropriate state or federal enforcement agency. h. Any dwelling unit owner who commits a second or subsequent violation of this section shall be subject to penalties as provided in Section 16- 249 for each separate violation. The suspension provisions of this section applicable to a first violation shall also apply. I i. Upon the request of a dwelling unit owner subject to this Section, the City shall, pursuant to United States Code Title 8, section 1373{ c), verify with the federal government the lawful immigration status of a person seeking to use, occupy, lease, or rent a dwelling unit in the City. The penalties in this section shall not apply in the case of occupants of a dwelling unit whose status as an alien lawfully present in the United States has been verified. SECTION 4. CONSTRUCTION. The requirements and obligations of this section shall be implemented in a manner fully consistent with federal law regulating immigration and protecting the civil rights of all citizens and aliens. SECTION 5. CERTIFICATION. That the City Clerk is hereby directed to certify to the passage of this ordinance and to cause the same or a summary to be prepared in accordance with Government Code Section 36933, to be published one time within 15 days of its passage in the North County Times, a newspaper of general circu\ ation, printed and published in the City of Escondido. SECTION 6. SEPARABILITY. If any section, subsection sentence, clause. phrase, or portion of this Ordinance is held invalid or unconstitutional for any reason by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions. III For City Clerk' s Use: D APPROVEO o DENIED Reso No. Fik! No. CITY COUNCIL Ord No. Agenda Item No.: I ~. 0.- Date: October 4, 2006 TO: Honorable Mayor and Members of the City Council FROM: Jeffrey R. Epp, City Attorney SUBJECT: Renting of Dwelling Units to Illegal Immigrants RECOMMENDATION: That the City Council consider and adopt an ordinance amending certain provisions of the Escondida Municipal Code to prevent renting of dwelling units to illegal aliens. BACKGROUND: On February 22, 2006, the City Council asked staff to present a plan for enhanced proactive code enforcement services and a cost estimate. Thereafter, the City Manager formed the Appearance & Compliance Team ( ACT) to improve the City' s safety, image and appearance through a proactive interdepartmental approach; to focus on the prompt resolution of safety, image and appearance violations; and to improve public awareness of the City' s safety, image and appearance resources and regulations. The interdepartmental approach enabled the City to use all of its resources in a coordinated manner to improve the appearance of the City quickly. Since the inception of ACT, there has been regular reporting and an increased focus on property related living and compliance issues in the City. As part of these efforts and as one component to improving overall appearance and living conditions in neighborhoods, the City Council conducted a public meeting on August 16, 2006 to take testimony and consider the possibility of an ordinance preventing harboring illegal aliens in rental units in the City. More than 50 people expressed views and provided information during the hearing. Although other cities and jurisdictions ( most notably, Hazelton. Pennsylvania) have adopted broader measures which also regulate employment of illegal aliens, the policy direction from the City Council at the August 16, 2006 meeting focused on a measure concerning harboring illegal aliens in rental units. Although the Hazelton ordinance underwent substantial revisions during the original enactment process, and further revisions leading to re- adoption of the measure, the approach ultimately taken by Hazelton is similar to the proposed Escondido ordinance regarding harboring in rental units. The City Council has also received a study prepared in June 2006 by the National Latino Research Center at California State University, San Marcos. The study reported on the Mission Park Community Survey Project, aimed to assess the needs, concerns, priorities and perceptions of residents in the Mission Park area of Escondida. While not representative of the entire city, the study Staff Report - Council Staff Report October 4, 2006 Page 2 focused on a large locale in the center part of Escondido. Among the observations of the study was that .....residents face an array of housing- related challenges that contribute to of life, quality poor including overcrowding, a limited and often deteriorating housing stock, and high rents. The area is characterized by high- density housing units that are often overcrowded and overburdened with extended families or multiple families living in 1 or 2 bedroom apartments." ( National Latino Research Center ( NLRC), Final Report, June 2005 at p. 17). In addition to these conclusions, the study observed that " lack of space and