Item 22 - Receivership Petitions and Nuisance Abatement Action Against Owners of Real Properties

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