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REQUEST FOR <br />COUNCIL ACTION <br />CITY COUNCIL MEETING DATE: <br />SEPTEMBER 5, 2017 <br />TITLE: <br />AUTHORIZATION TO FILE AND <br />PROSECUTE RECEIVERSHIP ACTIONS <br />AGAINST OWNERS OF REAL <br />PROPERTIES OPERATING MARIJUANA <br />DISPENSARIES LOCATED IN THE CITY <br />OF SANTA ANA <br />{STRATEGIC PLAN NO. 3,3) <br />CITY ANA ER <br />RECOMMENDED ACTION <br />CLERK OF COUNCIL USE ONLY: <br />APPROVED <br />❑ As Recommended <br />❑ As Amended <br />❑ Ordinance on 1� Reading <br />❑ Ordinance on 2nd Reading <br />❑ Implementing Resolution <br />❑ Set Public Hearing For <br />CONTINUED TO <br />FILE NUMBER <br />Authorize the filing and prosecution of receivership actions against the owners of the following <br />properties based on nuisance conditions resulting from operating illegal marijuana dispensaries <br />for an amount not to exceed $200,000: <br />1. Herbology 35 Cap, 4728 W. 1St— Illegal Marijuana Dispensary <br />2. 20 Cap Collective, 1139 W. 17th — Illegal Marijuana Dispensary <br />3. Elevated Dreams Collective, 413 W. 17th and Sky High Holistic, 419 W. 17th — Illegal <br />Marijuana Dispensary <br />4. LCL, 2350 N. Grand Ave. and Wax on Wax-W.O.W., 2550 N. Grand Ave. — Illegal <br />Marijuana Dispensary <br />DISCUSSION <br />The City has used the California Health and Safety Code Receivership option to successfully <br />resolve difficult code enforcement matters in both commercial and residential <br />areas. Receivership is a legal process through which control of a piece of real property is <br />temporarily taken from the owners and placed with a court-appointed officer: the <br />Receiver. These receivership actions are used primarily for abandoned and substandard <br />properties where the owner has a history of non-compliance with the city's code enforcement <br />efforts or in emergency situations where real property presents an immediate threat to health <br />and safety. The illegal marijuana dispensaries create extreme health and safety <br />hazards. Despite previous enforcement actions the operators of these marijuana dispensaries <br />have refused to comply with the City's regulations and the property owners have refused to <br />cooperate with the City. <br />Attached is a PowerPoint presentation concerning the real properties listed above. The Code <br />Enforcement Division of the Planning and Building Agency has identified the above listed <br />properties as candidates for receivership actions. <br />19E-1 <br />