HomeMy WebLinkAbout19D - NUISANCE ABATEMENT ACTIONSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
OCTOBER 6, 2020
CLERK OF COUNCIL USE ONLY:
TITLE:
APPROVED
❑ As Recommended
AUTHORIZATION TO FILE AND
ElAmended
❑ OOrrdinance on 1 sl Reading
PROSECUTE A RECEIVERSHIP PETITION
❑ Ordinance on 2od Reading
AND NUISANCE ABATEMENT ACTIONS
❑ Implementing Resolution
AGAINST OWNERS OF REAL PROPERTIES
❑ Set Public Hearing For_
LOCATED IN THE CITY OF SANTA ANA
/s/ Kristine
CITY MANAGER
CONTINUED TO
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RECOMMENDED ACTION
Authorize the filing and prosecution of a receivership petition and nuisance abatement actions
against the owners of the following real properties:
1.407 N. Laurel Street (Residential) — Receivership Petition
2. 938 E. 2nd Street (Commercial) — Nuisance Abatement Action
3. 936 E. 2nd Street (Commercial — Nuisance Abatement Action
4. 2600 N. Main St. (Commercial) — Red Roof Inn — Nuisance Abatement Action
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 a 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 expenses of the operation 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) secure debt, with Court approval, with
a recorded first lien on the property, first in priority to all other liens. (Ibid., Code Civ. Proc. § 568.)
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.
19D-1
Receivership Petition and Nuisance Abatement Actions Against Owners of Real Properties
October 6, 2020
Page 2
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 sections 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 407 N. Laurel Street, 938 E. 2nd Street,
936 E. 2nd Street, and 2600 N. Main Street (Exhibit 1). The Code Enforcement Division has
identified these properties as candidates for a receivership petition and nuisance abatement
actions.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Submitted By: Sonia R. Carvalho, City Attorney
Exhibit: 1. Fact sheets regarding listed properties.
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