[PART V.] 
NUISANCE ABATEMENT



 



§712-1270  Places used to commit offenses
against public health and morals, a nuisance.  Every building, premises, or
place used for the purpose of violating those laws pertaining to offenses
against public health and morals contained in parts I, II, and IV of this
chapter, except offenses under part IV which do not involve the manufacture or
distribution of drugs, and every building, premises, or place in or upon which
the violations are held or occur in parts I, II, and IV, is a nuisance that
shall be enjoined, abated, and prevented, regardless of whether it is a public
or private nuisance. [L 1979, c 181, pt of §2; am L 1990, c 158, §1; am L 1996,
c 246, §1]



 



COMMENTARY ON §712-1270



 



  Act 181, Session Laws 1979, established this part to provide
a remedy to abate as nuisances, offenses against public health and morals in
the nature of offenses defined as prostitution, the display of indecent matter,
and the like.  It is based largely on sections 11225 to 11235 of the California
Penal Code.



  Act 158, Session Laws 1990, amended this section to expand
the nuisance law to permit closure of premises where drug offenses repeatedly
occur.  The legislature emphasized that this amendment is not intended to be
applied to innocent landlords whose property may be inadvertently involved in
drug offenses.  Conference Committee Report No. 30.



 



Case Notes



 



  Cannot be used to abate gambling offenses.  5 H. App. 463,
701 P.2d 175.