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(a) Temporary Restraining Order.

(1) A temporary restraining order may be sought to maintain the status quo and to encourage expeditious abatement. Although ex parte in nature, reasonable notice to the opposing party is required unless the applicant shows good cause why notice should be excused. (Code of Civil Procedure section 527(a)). (Ord. 2576, § 6, 6/27/2017)

(2) The temporary restraining order is limited in duration to up to fifteen (15) days, or twenty (20) if good cause can be shown. The temporary restraining order can order that no further illegal drug activity take place, it can allow the County to post a sign stating the same and it can freeze all movable property. The County can also obtain an order allowing entry onto the premises to take an inventory of personal property to ensure that anything of value remains on the premises until the time of the final hearing on the matter. (Ord. 2576, § 6, 6/27/2017)

(b) Preliminary Injunction.

(1) At the expiration of the temporary restraining order, the order to show cause hearing on the preliminary injunction, is held. Closure will only be ordered during the preliminary injunction stage if a prior order has been violated. Thus, if the temporary restraining order was violated, closure can be sought at the preliminary injunction hearing. Also closure can be sought at any time while the preliminary injunction is in effect, as its violation is violation of the court’s prior order. (Health and Safety Code section 11573.5(b)). (Ord. 2576, § 6, 6/27/2017)

(c) Closure of the Premises.

(1) At the preliminary injunction phase, the court can order that rent be placed in escrow for up to ninety (90) days or until the nuisance is abated. When closure is sought prior to final judgment, all tenants who may be affected by the closure must be provided with reasonable notice and an opportunity to be heard at all closure request hearing before a closure order can be issued. (Health and Safety Code section 11573.5(c)). In determining whether to close a premises prior to judgment, Health and Safety Code section 11573.5 requires the judge to consider:

(A) The extent and duration of the nuisance. (Ord. 2576, § 6, 6/27/2017)

(B) Prior efforts by the defendant to comply with previous court orders regarding the nuisance. (Ord. 2576, § 6, 6/27/2017)

(C) The effect of the nuisance on other persons, including residents or businesses. (Ord. 2576, § 6, 6/27/2017)

(D) The effect of placing rental payments into an escrow account on abatement efforts. (Ord. 2576, § 6, 6/27/2017)

(E) The effect of closure on unnamed residents or occupants of the premises. (Ord. 2576, § 6, 6/27/2017)

(Ord. 2576, § 6, 6/27/2017)

(d) Relocation Payments.

(1) A defendant shall provide relocation assistance to innocent tenants if a building or place is ordered closed, including moving costs, security deposits for utilities and comparable housing, adjustments for lost rent and any other costs the court deems reasonable and fair. The judge may also order the enforcing governmental agency seeking closure to make reasonable attempts to seek additional sources of funds for relocation assistance to displaced tenants. A receiver can be appointed to distribute relocation funds from the escrow account. (Health and Safety Code Section 11573.5(d) and (e)). (Ord. 2576, § 6, 6/27/2017)

(e) Stipulated Judgment.

(1) Once a temporary restraining order issues or a preliminary injunction is granted, negotiation for a stipulated judgment requiring either the sale of the property, eviction of the nuisance causing tenant(s), or closure of the premises may be commenced. (Ord. 2576, § 6, 6/27/2017)

(f) Permanent Injunction.

(1) If a stipulated judgment cannot be reached, a trial on the permanent injunction is held. (Ord. 2576, § 6, 6/27/2017)