SECTIONS 3490-3496 - California Statutes

CIVIL CODE

SECTION 3490-3496

3490. No lapse of time can legalize a public nuisance, amounting to
an actual obstruction of public right.

3491. The remedies against a public nuisance are:
1. Indictment or information;
2. A civil action; or,
3. Abatement.

3492. The remedy by indictment or information is regulated by the
Penal Code.

3493. A private person may maintain an action for a public
nuisance, if it is specially injurious to himself, but not otherwise.

3494. A public nuisance may be abated by any public body or officer
authorized thereto by law.

3495. Any person may abate a public nuisance which is specially
injurious to him by removing, or, if necessary, destroying the thing
which constitutes the same, without committing a breach of the peace,
or doing unnecessary injury.

3496. In any of the following described cases, the court may award
costs, including the costs of investigation and discovery, and
reasonable attorneys' fees, which are not compensated for pursuant to
some other provision of law, to the prevailing party:
(a) In any case in which a governmental agency seeks to enjoin the
sale, distribution, or public exhibition, for commercial
consideration, of obscene matter, as defined in Section 311 of the
Penal Code.
(b) In any case in which a governmental agency seeks to enjoin the
use of a building or place for the purpose of illegal gambling,
lewdness, assignation, or prostitution; or any case in which a
governmental agency seeks to enjoin acts of illegal gambling,
lewdness, assignation, or prostitution in or upon a building or
place, as authorized in Article 2 (commencing with Section 11225) of
Chapter 3 of Title 1 of Part 4 of the Penal Code.
(c) In any case in which a governmental agency seeks to enjoin the
use of a building or place, or seeks to enjoin in or upon any
building or place the unlawful sale, manufacture, service, storage,
or keeping or giving away of any controlled substance, as authorized
in Article 3 (commencing with Section 11570) of Chapter 10 of
Division 10 of the Health and Safety Code.
(d) In any case in which a governmental agency seeks to enjoin the
unlawful sale, service, storage, or keeping or giving away of
alcoholic liquor, as authorized in Article 1 (commencing with Section
11200) of Chapter 3 of Title 1 of Part 4 of the Penal Code.