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REQUEST FOR <br />COUNCIL ACTION <br />CITY COUNCIL MEETING DATE: <br />OCTOBER 6, 2020 <br />CLERK OF COUNCIL USE ONLY: <br />TITLE: <br />APPROVED <br />❑ As Recommended <br />AUTHORIZATION TO FILE AND <br />ElAmended <br />❑ OOrrdinance on 1 sl Reading <br />PROSECUTE A RECEIVERSHIP PETITION <br />❑ Ordinance on 2od Reading <br />AND NUISANCE ABATEMENT ACTIONS <br />❑ Implementing Resolution <br />AGAINST OWNERS OF REAL PROPERTIES <br />❑ Set Public Hearing For_ <br />LOCATED IN THE CITY OF SANTA ANA <br />/s/ Kristine <br />CITY MANAGER <br />CONTINUED TO <br />1�1��►U1�1:7q:7 <br />RECOMMENDED ACTION <br />Authorize the filing and prosecution of a receivership petition and nuisance abatement actions <br />against the owners of the following real properties: <br />1.407 N. Laurel Street (Residential) — Receivership Petition <br />2. 938 E. 2nd Street (Commercial) — Nuisance Abatement Action <br />3. 936 E. 2nd Street (Commercial — Nuisance Abatement Action <br />4. 2600 N. Main St. (Commercial) — Red Roof Inn — Nuisance Abatement Action <br />DISCUSSION <br />The City of Santa Ana ("City") has successfully resolved numerous difficult code enforcement <br />matters through the use of civil litigation. Specifically, the City has brought receivership actions <br />pursuant to the California Health and Safety Code and nuisance abatement actions pursuant to <br />the California Code of Civil Procedure and the California Civil Code. <br />Health and Safety Code Receiverships <br />California Health and Safety Code section 17980.7 allows a city to seek the appointment of a <br />receiver over a substandard housing that has been previously cited for violations which pose health <br />and safety risks. The powers granted to a receiver are broad. The receiver may: (1) take full and <br />complete control of the property; (2) manage the property and pay expenses of the operation of <br />the property; (3) secure a cost estimate and construction plan from a licensed contractor for the <br />repairs necessary to correct the substandard conditions; (4) enter into contracts and employ a <br />licensed contractor as necessary to correct substandard conditions; (5) borrow funds to pay for <br />repairs necessary to correct substandard conditions; and (6) secure debt, with Court approval, with <br />a recorded first lien on the property, first in priority to all other liens. (Ibid., Code Civ. Proc. § 568.) <br />The use of the receivership option is a comprehensive process that can rehabilitate properties and <br />correct longstanding violations. If the City prevails, it may recover all attorney's fees and staff costs <br />incurred in the abatement of substandard conditions. <br />19D-1 <br />