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