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Receivership Petitions and Nuisance Abatement Action Against Owners of Real <br />Properties <br />November 2, 2021 <br />Page 2 <br />2 <br />2 <br />0 <br />7 <br />The use of the receivership option is a comprehensive process that can rehabilitate <br />properties and correct longstanding violations. If the City prevails, it may recover all <br />attorney's fees and staff costs incurred in the abatement of substandard conditions. <br />Civil Nuisance Abatement Lawsuit <br />In order to protect its residents, the City may abate a public nuisance by filing a civil <br />nuisance action for violations of the Santa Ana Municipal Code and/ or conditions which <br />are offensive or annoying to the senses, detrimental to property values and community <br />appearance, or injurious to the health, safety or welfare of the general public in such ways <br />as to be a nuisance. (California Code of Civil Procedure section 731; California Civil Code <br />sections 3479 and 3480.) Civil Code section 3480 further explains, “A public nuisance is <br />one which affects at the same time an entire community or neighborhood, or any <br />considerable number of persons, although the extent of the annoyance or damage <br />inflicted upon individuals may be unequal.” Through the civil nuisance abatement <br />procedure, the City may seek temporary and permanent injunctions to prevent the <br />property from continuing to operate or exist as a public nuisance. If the City prevails, it <br />may seek recovery of attorney's fees and costs. <br />Attached are fact sheets concerning the real properties at 2901 Lingan Lane, 930 N. <br />Dianne Street, and 2639 W. 1st Street (Exhibit 1). The Code Enforcement Division has <br />identified these properties as candidates for receivership petitions and a nuisance <br />abatement action. <br />FISCAL IMPACT <br />There is no fiscal impact associated with this action. <br />EXHIBIT(S) <br />1. Fact Sheets Regarding Listed Properties <br />Submitted By: Sonia Carvalho, City Attorney <br />Approved By: Kristine Ridge, City Manager