ARTICLE 3. Abatement
Article 3 added by Stats. 1972, Ch. 1407.
§§ 11570–11587 · 22 sections
- § 11570 Every building or place used for the purpose of unlawfully selling, serving, storing, keeping, manufacturing, or giving away any controlled substance,…
- § 11571 If there is reason to believe that a nuisance, as described in Section 11570, is kept, maintained, or exists in any county, the district attorney or county…
- § 11571.1 (a) Nothing in this article shall prevent a local governing body from adopting and enforcing laws, consistent with this article, relating to drug abatement.…
- § 11571.5 For purposes of this article, an action to abate a nuisance may be taken by the city attorney or city prosecutor of the city within which the nuisance exists,…
- § 11572 Unless filed by the district attorney, or the city attorney of an incorporated city, the complaint in the action shall be verified.
- § 11573 (a) If the existence of the nuisance is shown in the action to the satisfaction of the court or judge, either by verified complaint or affidavit, the court or…
- § 11573.5 (a) At the time of application for issuance of a temporary restraining order or injunction pursuant to Section 11573, if proof of the existence of the nuisance…
- § 11574 On granting the temporary writ the court or judge shall require an undertaking on the part of the applicant to the effect that the applicant will pay to the…
- § 11575 The action shall have precedence over all other actions, except criminal proceedings, election contests, hearings on injunctions, and actions to forfeit…
- § 11575.5 In any action for abatement instituted pursuant to this article, all evidence otherwise authorized by law, including evidence of reputation in a community, as…
- § 11576 If the complaint is filed by a citizen it shall not be dismissed by him or for want of prosecution except upon a sworn statement made by him and his attorney,…
- § 11577 In case of failure to prosecute the action with reasonable diligence, or at the request of the plaintiff, the court, in its discretion, may substitute any…
- § 11578 If the action is brought by a citizen and the court finds there was no reasonable ground or cause for the action, the costs shall be taxed against him.
- § 11579 If the existence of the nuisance is established in the action, an order of abatement shall be entered as part of the judgment in the case, and plaintiff’s…
- § 11580 A violation or disobedience of the injunction or order for abatement is punishable as a contempt of court by a fine of not less than five hundred dollars…
- § 11581 (a) If the existence of the nuisance is established in the action, an order of abatement shall be entered as a part of the judgment, which order shall direct…
- § 11582 While the order of abatement remains in effect, the building or place is in the custody of the court.
- § 11583 For removing and selling the movable property, the officer is entitled to charge and receive the same fees as he would for levying upon and selling like…
- § 11584 The proceeds of the sale of the movable property shall be applied as follows: First—To the fees and costs of the removal and sale. Second—To the allowances and…
- § 11585 If the proceeds of the sale of the movable property do not fully discharge all of the costs, fees, and allowances, the building and place shall then also be…
- § 11586 (a) If the owner of the building or place has not been guilty of any contempt of court in the proceedings, and appears and pays all costs, fees, and allowances…
- § 11587 Whenever the owner of a building or place upon which the act or acts constituting the contempt have been committed, or the owner of any interest therein, has…