§ 8.50.050. Abatement of property used for unlawful controlled substance purposes—Action for unlawful detainer.

A.

The county counsel may file an action for unlawful detainer against any tenant or person who is in violation of Section 8.050.010. This action may be maintained whether or not an action for injunction is filed pursuant to the authority of Section 8.50.040. In filing this action, the county counsel shall utilize the procedures set forth in Chapter 4 (commencing with Section 1159) of Title 3 of Part 3 of the Code of Civil Procedure, except that the following also shall apply:

1.

Prior to filing an action pursuant to this section, the county counsel shall give at least 15 calendar days' written notice to the owner, requiring the owner to file an unlawful detainer action to remove a tenant who is in violation of Section 8.50.010. This notice shall include sufficient documentation to establish such a violation and shall be served upon the owner and the tenant in accordance with Section 8.50.020 of this chapter. Within 15 calendar days of the mailing of the written notice, the owner shall provide the county counsel with either: (1) all relevant information pertaining to the unlawful detainer case; or (2) a written explanation setting forth any personal safety-related reasons for noncompliance, and an assignment to the county counsel of the right to bring an unlawful detainer action against the tenant. The assignment shall be on a form provided by the county counsel and shall contain a provision for payment to the county of Los Angeles for its costs of investigation, discovery, and reasonable attorney's fees, in an amount not to exceed $600.00. If the county counsel accepts the assignment of the right of the owner to bring the unlawful detainer action, the owner shall retain all other rights and duties, including the handling of the tenant's personal property, following issuance of the writ of possession and its delivery to and execution by the appropriate agency.

2.

Upon the failure of the owner to file an action pursuant to this section, or to respond to the county counsel as provided in subsection A.1 of this section, or having filed an action, if the owner fails to prosecute it diligently and in good faith, the county counsel may file and prosecute the action and join the owner as a defendant in the action.

3.

If a jury or court finds the defendant tenant guilty of unlawful detainer in a case filed pursuant to subsection A.2 of this section, the county of Los Angeles may be awarded costs, including the costs of investigation and discovery and reasonable attorney's fees. These costs shall be assessed against the defendant owner, to whom notice was directed pursuant to subsection A.1 of this section, and once an abstract of judgment is recorded, it shall constitute a lien on the subject real property.

B.

In any proceeding brought under this section, the court may, upon a showing of good cause, issue a partial eviction ordering the removal of any person, including, but not limited to, members of the tenant's household, if the court finds that the person has engaged in the activities described in Section 8.050.010. Persons removed pursuant to this section may be permanently barred from returning to or reentering any portion of the entire premises. The court may further order as an express condition of the tenancy that the remaining tenants shall not give permission to or invite any person who has been removed pursuant to this subsection to return to or reenter any portion of the entire premises.

C.

Notwithstanding subdivision (b) of section 68097.2 of the Government Code, the costs incurred in furnishing the testimony of an employee of the County of Los Angeles in an action brought pursuant to this chapter are waived.

(Ord. 2003-0027 § 2 (part), 2003.)