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HomeHealth and Safety CodeDiv. 10Ch. 10Art. 3§ 11581 Nuisance Abatement And Closure

§ 11581 Nuisance Abatement And Closure

Health and Safety Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 11581 Nuisance Abatement And Closure

Key Takeaways

  • •If a place is used for bad stuff (like selling drugs), the court can order it to be closed for a year.
  • •The court can also make the owner pay up to $25,000 as a fine, depending on how bad the problem was and how long it lasted.
  • •Half of the fine money goes to help victims of crime, and the other half goes to the city or county where the problem happened.
  • •If closing the place would cause more problems (like making the area unsafe), the owner might have to pay the fair rent value of the place for a year instead of closing it. This money is used for drug education and prevention programs.

Example

A store is selling drugs illegally, and the police find out. The court decides this is a big problem.

The court can order the store to close for a year. The owner might also have to pay a fine up to $25,000. If closing the store would make the area worse (like leaving an empty building that attracts crime), the owner might have to pay the fair rent value of the store for a year instead. This money would go to programs that help stop drug problems in the community.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 11581 Nuisance Abatement And Closure

(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 the removal from the building or place of all fixtures, musical instruments, and other movable property used in conducting, maintaining, aiding, or abetting the nuisance and shall direct their sale in the manner provided for the sale of chattels under execution. (b)  (1)  The order shall provide for the effectual closing of the building or place against its use for any purpose, and for keeping it closed for a period of one year. This subdivision is intended to give priority to closure. Any alternative to closure may be considered only as provided in this section. (2)  In addition, the court may assess a civil penalty not to exceed twenty-five thousand dollars ($25,000) against any or all of the defendants, based upon the severity of the nuisance and its duration. (3)  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 only upon 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. (c)  (1)  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, or the person who knowingly permits controlled substances to be unlawfully sold, served, stored, kept, or given away in or from a building or place he or she owns, 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 for the purpose of carrying out drug abuse treatment, prevention, and education programs. If awarded to a city, eligible programs may include those developed as a result of cooperative programs among schools, community agencies, and the local law enforcement agency. These funds shall not be used to supplant existing city, county, state, or federal resources used for drug prevention and education programs. (2)  For purposes of this subdivision, 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. (d)  This section shall become operative on January 1, 1996. (Amended by Stats. 2003, Ch. 62, Sec. 183. Effective January 1, 2004.)

Last verified: January 23, 2026

Key Terms

order of abatementnuisanceclosurecivil penalty

Related Statutes

  • § 11570 Drug Nuisance Buildings
  • § 11571 Nuisance Abatement Legal Actions
  • § 11573 Nuisance Abatement Injunctions
  • § 11575.5 Nuisance Abatement Evidence Rules
  • § 11579 Nuisance Abatement Cost Lien

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Health and Safety Code. Section 11581.
View Official Source