Section 11573.5 Of Article 3. Abatement From California Health And Safety Code >> Division 10. >> Chapter 10. >> Article 3.
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 depends, in whole or part, upon the
affidavits of witnesses who are not peace officers, upon a showing of
prior threats of violence or acts of violence by any defendant or
other person, the court may issue orders to protect those witnesses,
including, but not limited to, nondisclosure of the name, address, or
any other information which may identify those witnesses.
(b) A temporary restraining order or injunction issued pursuant to
Section 11573 may include closure of the premises pending trial when
a prior order or injunction does not result in the abatement of the
nuisance. The duration of the order or injunction shall be within the
court's discretion. In no event shall the total period of closure
pending trial exceed one year. Prior to ruling on a request for
closure the court may order that some or all of the rent payments
owing to the defendant be placed in an escrow account for a period of
up to 90 days or until the nuisance is abated. If the court
subsequently orders a closure of the premises, the money in the
escrow account shall be used to pay for relocation assistance
pursuant to subdivision (d). In ruling upon a request for closure,
whether for a defined or undefined duration, the court shall consider
all of the following factors:
(1) The extent and duration of the nuisance at the time of the
request.
(2) Prior efforts by the defendant to comply with previous court
orders to abate the nuisance.
(3) The nature and extent of any effect which the nuisance has
upon other persons, such as residents or businesses.
(4) Any effect of prior orders placing displaced residents' or
occupants' rent payments into an escrow account upon the defendant's
efforts to abate the nuisance.
(5) The effect of granting the request upon any resident or
occupant of the premises who is not named in the action, including
the availability of alternative housing or relocation assistance, the
pendency of any action to evict a resident or occupant, and any
evidence of participation by a resident or occupant in the nuisance
activity.
(c) In making an order of closure pursuant to this section, the
court may order the premises vacated and may issue any other orders
necessary to effectuate the closure. However, all tenants who may be
affected by the order shall be provided reasonable notice and an
opportunity to be heard at all hearings regarding the closure request
prior to the issuance of any order.
(d) In making an order of closure pursuant to this section, the
court shall order the defendant to provide relocation assistance to
any tenant ordered to vacate the premises, provided the court
determines that the tenant was not actively involved in the nuisance
activity. The relocation assistance ordered to be paid by the
defendant shall be in the amount necessary to cover moving costs,
security deposits for utilities and comparable housing, adjustment in
any lost rent, and any other reasonable expenses the court may deem
fair and reasonable as a result of the court's order.
(e) At the hearing to order closure pursuant to this section, the
court may make the following orders with respect to any displaced
tenant not actively involved in the nuisance:
(1) Priority for senior citizens, physically handicapped persons,
or persons otherwise suffering from a permanent or temporary
disability for claims against money for relocation assistance.
(2) Order the local agency seeking closure pursuant to this
section to make reasonable attempts to seek additional sources of
funds for relocation assistance to displaced tenants, if deemed
necessary.
(3) Appoint a receiver to oversee the disbursement of relocation
assistance funds, whose services shall be paid from the escrow fund.
(4) Where a defendant has paid relocation assistance pursuant to
subdivision (d), the escrow account under subdivision (b) may be
released to the defendant and no appointment under paragraph (3)
shall be made.
(f) (1) The remedies set forth pursuant to this section shall be
in addition to any other existing remedies for nuisance abatement
actions, including, but not limited to, the following:
(A) Capital improvements to the property, such as security gates.
(B) Improved interior or exterior lighting.
(C) Security guards.
(D) Posting of signs.
(E) Owner membership in neighborhood or local merchants'
associations.
(F) Attending property management training programs.
(G) Making cosmetic improvements to the property.
(H) Requiring the owner or person in control of the property to
reside in the property until the nuisance is abated. The order shall
specify the number of hours per day or per week the owner or person
in control of the property must be physically present in the
property. In determining this amount, the court shall consider the
nature and severity of the nuisance.
(2) At all stages of an action brought pursuant to this article,
the court has equitable powers to order steps necessary to remedy the
problem and enhance the abatement process.