Where the existence of a public nuisance is established in a civil action under this part, the court shall enter permanent prohibitory and mandatory injunctions requiring the parties defendant to abate the public nuisance and take specific steps to prevent the same and other public nuisances from occurring on the real property. The court shall also order the following remedies:
A. Closure Of Real Property And Destruction Of Certain Structures: That the real property be closed for a period of not less than three (3) months and not exceeding one year from the date of the final judgment, plus any extension of that period caused by a failure to comply with the reasonably necessary conditions for release of the property set by the court. Where reasonably necessary, the court may further order the defendants to carry out destruction of the structures. The court shall order the defendants to provide for maintenance, utilities, insurance and security of the property during the period of closure. At the end of the closure period, the real property shall be released to the owner only upon payment of all actual expenses incurred by the City and payment of all civil judgments under section 9.6.709 of this part. The issuance and execution of the closure order shall not be deemed a bailment of property.
B. Receivership Of Real Property: Where the City so requests, in lieu of closure of real property, the property may be placed into a special receivership for a period not less than three (3) months and not exceeding one year from the date of the final judgment plus any extension of that period caused by a failure to comply with the reasonably necessary conditions for release set by the court. The receiver, appointed ex parte by the court, shall take possession of the property to the exclusion of the owners and other persons holding any legal or equitable interest and their managers and agents then in possession, shall collect rents and profits from the tenants, and shall pay the operating expenses, taxes, utilities and maintenance expenses on the property. The receiver shall not pay the principal or interest on any note, deed of trust, mortgage, or similar instrument, and these obligations shall remain that of the owners and other persons holding any legal or equitable interest in the real property. The court shall periodically award the receiver reasonable fees for the receiver's services to be paid out of the rents, profits and income of the property. The receiver shall account for all income and expenses and the balance, if any, shall be remitted to the property owner. The court may make other reasonable orders consistent with these provisions for the administration of this special receivership. The court shall order the defendant(s) to provide for and pay the maintenance, utilities, security, operating expenses, taxes, insurance, receivership fees and other reasonable expenses related to the property to the extent that the rents, profits and income of the property under the receivership is insufficient to defray these expenses. At the end of the receivership period, the real property shall be released to the owner only upon one payment of all actual expenses incurred by the City for seizure and receivership, and payment of other reasonable expenses not covered by the income under receivership and payment of all civil judgments under section 9.6.709 of this part. The issuance and execution of the receivership order shall not be deemed a bailment of property. The owner of the property remains responsible for the maintenance and security of the property subject to the receivership order and shall be permitted reasonable access to the property for these purposes upon application to the court. (Ord. 00-104; Ord. 01-42)