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City Attorney Office <br />www.santa-ana.org/ca <br />Item # 22 <br />City of Santa Ana <br />20 Civic Center Plaza, Santa Ana, CA 92701 <br /> Staff Report <br />November 2, 2021 <br />TOPIC: Receivership Petitions and Nuisance Abatement Action Against Owners of Real <br />Properties <br />AGENDA TITLE: <br />Authorize to File and Prosecute Receivership Petitions and a Nuisance Abatement Action <br />Against Owners of Real Properties Located in the City of Santa Ana <br />RECOMMENDED ACTION <br />Authorize the filing and prosecution of receivership petitions and a nuisance abatement <br />action against the owners of the following real properties: <br />1. 2901 Lingan Lane – Receivership Petition <br />2. 930 N. Dianne Street – Receivership Petition <br />3. 2639 W. 1st Street – JC Tires – Public Nuisance <br />DISCUSSION <br />The City of Santa Ana (“City”) has successfully resolved numerous difficult code <br />enforcement matters through the use of civil litigation. Specifically, the City has brought <br />receivership actions pursuant to the California Health and Safety Code and nuisance <br />abatement actions pursuant to the California Code of Civil Procedure and the California <br />Civil Code. <br />Health and Safety Code Receiverships <br />California Health and Safety Code section 17980.7 allows a city to seek the appointment <br />of a receiver over substandard housing that has been previously cited for violations which <br />pose health and safety risks. The powers granted to a receiver are broad. The receiver <br />may: (1) take full and complete control of the property; (2)manage the property and pay <br />the operational expenses of the property; (3)secure a cost estimate and construction plan <br />from a licensed contractor for the repairs necessary to correct the substandard conditions; <br />(4) enter into contracts and employ a licensed contractor as necessary to correct <br />substandard conditions; (5) borrow funds to pay for repairs necessary to correct <br />substandard conditions; and (6) with Court approval, secure debt with a recorded first lien <br />on the property, first in priority to all other liens. (Ibid., Code Civ. Proc. section 568.)