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Authorization for City Attorney to File Drug Den Abatement Actions <br />April 15, 2025 <br />Page 4 <br />4 <br />9 <br />6 <br />0 <br />In order to preserve public safety and protect its residents from the dangerous narcotics <br />activities maintained at these properties, we are seeking authority to bring an action <br />against the property and business owners seeking remedies that include, but are not <br />limited to: <br />•Temporary Restraining Order (Preliminary/Permanent Injunction) to abate the <br />nuisance (H&S §11573(a)) <br />•Closure (Board up and shut down) order for up to one year (H&S§ 11573.5(b)) <br />•Removal of fixtures and movable property causing the nuisance (H&S <br />§11581(a)) <br />•Civil penalties up to $25,000 per defendant (H&S Code §11581(b)(2)) <br />•Appointment of a receiver to take control of the property and possibly sell the <br />property to a responsible owner (C.C.P. §568.5) <br />•Attorney’s fees and enforcement costs (C.C.P. §3496; City of Oakland v. <br />McCullough (1996) 46 Cal.App.4th 1, 6) <br />•Potential contempt if an Order for Abatement is violated (H&S §11580) <br /> <br />ENVIRONMENTAL IMPACT <br />There is no environmental impact requiring CEQA review associated with this action. <br />FISCAL IMPACT <br />The City Attorney’s Office will be prosecuting this matter in-house and will be <br />seeking attorney’s fees and costs, civil penalties, and abatement costs in the legal <br />action. <br />EXHIBIT(S) <br />None. <br />Submitted By: Sonia Carvalho, City Attorney <br />Approved By: Alvaro Nuñez, City Manager