SECTIONS 11225-11235 - California Statutes

PENAL CODE

SECTION 11225-11235

11225. (a) Every building or place used for the purpose of illegal
gambling as defined by state law or local ordinance, lewdness,
assignation, or prostitution, and every building or place in or upon
which acts of illegal gambling as defined by state law or local
ordinance, lewdness, assignation, or prostitution, are held or occur,
is a nuisance which shall be enjoined, abated, and prevented, and
for which damages may be recovered, whether it is a public or private
nuisance.
Nothing in this subdivision shall be construed to apply the
definition of a nuisance to a private residence where illegal
gambling is conducted on an intermittent basis and without the
purpose of producing profit for the owner or occupier of the
premises.
(b) Every building or place used as a bathhouse which as a primary
activity encourages or permits conduct that according to the
guidelines of the federal Centers for Disease Control can transmit
AIDS, including, but not limited to, anal intercourse, oral
copulation, or vaginal intercourse, is a nuisance which shall be
enjoined, abated, and prevented, and for which damages may be
recovered, whether it is a public or private nuisance.
For purposes of this subdivision, a "bathhouse" means a business
which, as its primary purpose, provides facilities for a spa,
whirlpool, communal bath, sauna, steam bath, mineral bath, mud bath,
or facilities for swimming.

11226. If there is reason to believe that a nuisance, as defined in
this article or as set forth in Section 17800 of the Business and
Professions Code, is kept, maintained, or is in existence in any
county, the district attorney or county counsel, in the name of the
people of the State of California, or the city attorney of an
incorporated city or any city and county may, or any citizen of the
state resident within the county in his or her own name may, maintain
an action in equity to abate and prevent the nuisance and to
perpetually enjoin the person conducting or maintaining it, and the
owner, lessee, or agent of the building or place, in or upon which
the nuisance exists, from directly or indirectly maintaining or
permitting it.
The complaint in the action shall be verified unless filed by the
district attorney, county counsel, or the city attorney.

11227. (a) Whenever the existence of a nuisance is shown in an
action brought under this article to the satisfaction of the court or
judge thereof, either by verified complaint or affidavit, the court
or judge shall allow a temporary restraining order or injunction to
abate and prevent the continuance or recurrence of the nuisance.
(b) A temporary restraining order or injunction may enjoin
subsequent owners, commercial lessees, or agents who acquire the
building or place where the nuisance exists with notice of the order
or injunction, specifying that the owner of the property subject to
the temporary restraining order or injunction shall notify any
prospective purchaser, commercial lessee, or other successor in
interest of the existence of the order or injunction, and of its
application to successors in interest, prior to entering into any
agreement to sell or lease the property. The temporary restraining
order or injunction shall not constitute a title defect, lien, or
encumbrance on the real property.

11228. Actions brought under this article have precedence over all
actions, excepting criminal proceedings, election contests and
hearings on injunctions, and in such actions evidence of the general
reputation of a place is admissible for the purpose of proving the
existence of a nuisance. If the complaint is filed by a citizen, it
shall not be dismissed by the plaintiff or for want of prosecution
except upon a sworn statement made by the complainant and his
attorney, setting forth the reasons why the action should be
dismissed, and the dismissal ordered by the court. In case of failure
to prosecute any such action with reasonable diligence, or at the
request of the plaintiff, the court, in its discretion, may
substitute any other citizen consenting thereto for the plaintiff. If
the action is brought by a citizen and the court finds there was no
reasonable ground or cause therefor, the costs shall be taxed against
such citizen.

11229. Any violation or disobedience of an injunction or order
expressly provided for by this article is punishable as a contempt of
court by a fine of not less than two hundred dollars ($200) nor more
than one thousand dollars ($1,000), by imprisonment in the county
jail for not less than one nor more than six months, or by both.

11230. (a) (1) If the existence of a nuisance is established in an
action as provided in this article, an order of abatement shall be
entered as a part of the judgment in the case, directing the removal
from the building or place of all fixtures, musical instruments and
movable property used in conducting, maintaining, aiding, or abetting
the nuisance, and directing the sale thereof in the manner provided
for the sale of chattels under execution, and the effectual closing
of the building or place against its use for any purpose, and that it
be kept closed for a period of one year, unless sooner released. If
the court finds that any vacancy resulting from closure of the
building or place may create a nuisance or that closure is otherwise
harmful to the community, in lieu of ordering the building or place
closed, the court may order the person who is responsible for the
existence of the nuisance to pay damages in an amount equal to the
fair market rental value of the building or place for one year to the
city or county in whose jurisdiction the nuisance is located. The
actual amount of rent being received for the rental of the building
or place, or the existence of any vacancy therein, may be considered,
but shall not be the sole determinant of the fair market rental
value. Expert testimony may be used to determine the fair market
rental value.
(2) While the order remains in effect as to closing, the building
or place is and shall remain in the custody of the court.
(3) For removing and selling the movable property, the officer is
entitled to charge and receive the same fees as he or she would for
levying upon and selling like property on execution.
(4) For closing the premises and keeping them closed, a reasonable
sum shall be allowed by the court.
(b) The court may assess a civil penalty not to exceed twenty-five
thousand dollars ($25,000) against any and all of the defendants,
based upon the severity of the nuisance and its duration.
(c) One-half of the civil penalties collected pursuant to this
section shall be deposited in the Restitution Fund in the State
Treasury, the proceeds of which shall be available for appropriation
by the Legislature to indemnify persons filing claims pursuant to
Article 1 (commencing with Section 13959) of Chapter 5 of Part 4 of
Division 3 of Title 2 of the Government Code, and one-half of the
civil penalties collected shall be paid to the city in which the
judgment was entered, if the action was brought by the city attorney
or city prosecutor. If the action was brought by a district attorney,
one-half of the civil penalties collected shall be paid to the
treasurer of the county in which the judgment was entered.

11231. The proceeds of the sale of the property, as provided in
Section 11230, shall be applied as follows:
1. To the fees and costs of removal and sale;
2. To the allowances and costs of closing and keeping closed the
building or place;
3. To the payment of plaintiff's costs in the action;
4. The balance, if any, shall be paid to the owner of the property
so sold.
If the proceeds of the sale do not fully discharge all such costs,
fees and allowances, the building and place shall also be sold under
execution issued upon the order of the court or judge and the
proceeds of such sale applied in like manner.

11232. If the owner of the building or place is not guilty of any
contempt of court in the proceedings, and appears and pays all costs,
fees and allowances which are a lien on the building or place and
files a bond in the full value of the property, to be ascertained by
the court, conditioned that the owner will immediately abate any
nuisance that may exist at the building or place and prevent the
nuisance from being established or kept thereat within a period of
one year thereafter, the court, or judge thereof, may, if satisfied
of the owner's good faith, order the premises closed under the order
of abatement, to be delivered to the owner, and the order of
abatement canceled so far as the order relates to the property. The
release of the property under the provisions of this section does not
release it from any judgment, lien, penalty or liability to which it
may be subject by law.

11233. Whenever the owner of a building or place upon which an act
or acts constituting a contempt as defined in this article has been
committed, is guilty of a contempt of court and fined therefor under
this article, the fine shall be a lien upon the building and place to
the extent of the interest of such person therein, enforceable and
collectible by execution issued by the order of the court.

11234. "Person" as used in this article means individuals,
corporations, associations, partnerships, limited liability
companies, trustees, lessees, agents and assignees.

11235. "Building" as used in this article means so much of any
building or structure of any kind as is or may be entered through the
same outside entrance.