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19D - NUISANCE ABATEMENT ACTIONS
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19D - NUISANCE ABATEMENT ACTIONS
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Last modified
10/1/2020 12:50:54 PM
Creation date
10/1/2020 12:49:12 PM
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City Clerk
Doc Type
Agenda Packet
Agency
City Attorney's Office
Item #
19D
Date
10/6/2020
Destruction Year
2025
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Receivership Petition and Nuisance Abatement Actions Against Owners of Real Properties <br />October 6, 2020 <br />Page 2 <br />Civil Nuisance Abatement Lawsuit <br />In order to protect its residents, the City may abate a public nuisance by filing a civil nuisance action <br />for violations of the Santa Ana Municipal Code and/or conditions which are offensive or annoying <br />to the senses, detrimental to property values and community appearance, or injurious to the health, <br />safety or welfare of the general public in such ways as to be a nuisance, (California Code of Civil <br />Procedure sections 731; California Civil Code sections 3479 and 3480.). Civil Code section 3480 <br />further explains, "A public nuisance is one which affects at the same time an entire community or <br />neighborhood, or any considerable number of persons, although the extent of the annoyance or <br />damage inflicted upon individuals may be unequal." Through the civil nuisance abatement <br />procedure, the City may seek temporary and permanent injunctions to prevent the property from <br />continuing to operate or exist as a public nuisance. If the City prevails, it may seek recovery of <br />attorney's fees and costs. <br />Attached are fact sheets concerning the real properties at 407 N. Laurel Street, 938 E. 2nd Street, <br />936 E. 2nd Street, and 2600 N. Main Street (Exhibit 1). The Code Enforcement Division has <br />identified these properties as candidates for a receivership petition and nuisance abatement <br />actions. <br />FISCAL IMPACT <br />There is no fiscal impact associated with this action. <br />Submitted By: Sonia R. Carvalho, City Attorney <br />Exhibit: 1. Fact sheets regarding listed properties. <br />19 D-2 <br />
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