SEC. 41.72. COUNTERFEIT GOODS NUISANCE ABATEMENT LAW.

1. Definition of Nuisance. A Property used for the purpose of knowingly manufacturing, selling, or possessing for sale any of the following is a public nuisance which may be restrained, enjoined, abated, and prevented pursuant to the provisions of this Section.

(a) Any counterfeit of a mark, or goods containing any counterfeit of a mark, registered with the California Secretary of State or registered on the Principal Register of the United States Patent and Trademark office; or

(b) Any recording or audiovisual work where the cover, box, jacket, or label fails to accurately disclose the information regarding the manufacturer and the author, artist, performer, producer, programmer, or group, as proscribed by California Penal Code section 653w.

2. Maintaining Nuisance. No person shall knowingly conduct, permit or maintain the nuisance defined in Subsection B.1. of this Section on any Property. Each day such nuisance continues to exist shall be a new and separate offense.

3. Action to Abate Nuisance. The City Attorney may bring and maintain a civil action in the name of the City of Los Angeles in the superior court to abate and prevent a public nuisance as defined in Subsection B.1. of this Section and to restrain and enjoin the person or persons conducting, maintaining or permitting the public nuisance from further conducting, maintaining, or permitting such public nuisance.

4. Notice of Nuisance. If the Property owner is not the person conducting, maintaining or permitting the nuisance, at least 30 days before an action is filed against a Property owner, the Property owner shall be notified that the Property is being used in violation of subsection B.1. This requirement is satisfied if the City Attorney sends a notice by certified or registered mail with return receipt requested to the Property owner.

5. In Rem Jurisdiction. The City Attorney may name as a defendant, in any action brought under this Section, the Property where the public nuisance is being conducted, or maintained or permitted, by describing it by the assessor’s parcel number and street address. The City Attorney shall cause a summons to be affixed to the principal door or entrance of the Property, or other visible, conspicuous place thereon, and thereafter mails the summons by certified or registered mail, return receipt requested, to the owner of the Property as reflected on public records on file with the Los Angeles County Recorder.

1. Temporary Restraining Order or Injunction. If the existence of the nuisance in the action is shown to the satisfaction of the court, either by verified complaint or affidavit, the court may allow a temporary restraining order or injunction to abate and prevent the continuance or recurrence of the nuisance.

2. Closure.

(a) The City Attorney may seek a temporary restraining order or preliminary injunction to close all or part of the Property pending trial when a prior order or injunction has not resulted in abatement of the nuisance. The duration of the order shall be in the court’s discretion but in no event shall the closure exceed one year. The City Attorney may seek an order further directing that the property owner or person in control of the Property is to padlock the Property and provide the keys to the Los Angeles Police Department or the Department of Building and Safety upon a request by that department.

(b) The City Attorney may seek a pre-judgment closure order directing that if the Property is not closed as ordered by the court, the Department of Building and Safety may close it and board and secure it. The order further may direct the Police Department and the victim of the activity referenced in B.1.(a) or (b) or its agent, to enter the property in order to prepare a report regarding personal property situated at the Property. The report may consist of photographs of the personal Property.

(c) The City Attorney shall send the pre- judgment closure order to the Property owner and the person in control of the Property. If the Property owner or the person in control of the Property fails to comply, the Department of Building and Safety may, when requested by the Los Angeles Police Department, barricade, padlock, fence or secure the Property by whatever means necessary to secure compliance.

(d) When the Department of Building and Safety closes a Property pursuant to this section, the Department shall post a warning placard or sign in a conspicuous place near the entrance. A warning placard or sign posted pursuant to this section shall not be removed, defaced, covered or hidden from view in any manner. The placard or sign shall read substantially as follows:

PROPERTY VACATED BY COURT ORDER

DO NOT ENTER

IT IS A MISDEMEANOR TO ENTER, TO REMAIN, TO OCCUPY OR BE PRESENT UNLAWFULLY IN OR ON THIS PROPERTY.
IT IS A MISDEMEANOR TO REMOVE, DEFACE, COVER OR HIDE THIS PLACARD.

3. Defendant’s Remedies.

(a) If the Property owner files a bond in an amount equal to the full assessed value of the Property ordered to be closed and submits proof to the court that the nuisance has been abated and will not be created, maintained, or permitted for such period of time as the Property has been directed to be closed, the court may vacate the pre-judgment closure order. Proof that the nuisance will not be created, maintained, or permitted in the future, shall include, but not be limited to, a written statement setting forth the proactive steps the owner will take to ensure that no such nuisance shall recur on the Property.

The provisions of Section 995.010 et seq. of the Code of Civil Procedure shall apply to any bond posted under this subsection.

(b) The City Attorney shall request that any order vacating a pre-judgment closure order include a provision authorizing the Police Department to periodically and without notice, inspect the Property that is the subject of an action pursuant to this section during the pendency of the action, for the purpose of ascertaining whether or not the public nuisance has recurred on the Property.

(D) Judgment.

1. Permanent Injunction. If the existence of the nuisance in the action is established to the satisfaction of the court, the court may enter a judgment which includes a permanent injunction enjoining the nuisance.

2. Closure.

(a) The City Attorney may seek a permanent injunction that includes closure of all or part of the Property. The duration of the order shall be in the court’s discretion but in no event shall the closure aspect of the order exceed one year. The order may further direct that the Property owner or person in control of the Property is to padlock the Property and provide the keys to the Police Department or the Department of Building and Safety upon a request by that department.

(b) The closure order may direct that if the Property is not closed as ordered by the court, the Department of Building and Safety may close it and board and secure it. The order may further direct the Police Department to enter the Property in order to prepare a report regarding personal property situated at the Property. The report may consist of photographs of the personal property.

(c) The City Attorney shall send the closure order to the Property owner and the person in control of the Property. If the Property owner or the person in control of the Property fails to comply, the Department of Building and Safety may, when requested by the Los Angeles

Police Department, barricade, padlock, fence or secure the Property by whatever means necessary to secure compliance.

PROPERTY VACATED BY COURT ORDER

DO NOT ENTER

IT IS A MISDEMEANOR TO ENTER, TO REMAIN, TO OCCUPY OR BE PRESENT UNLAWFULLY IN OR ON THIS PROPERTY.
IT IS A MISDEMEANOR TO REMOVE, DEFACE, COVER OR HIDE THIS PLACARD.

3. Defendant’s Remedies.

(a) If the owner files a bond in the amount equal to the full assessed value of the property ordered to be closed and submits proof to the court that the nuisance has been abated and will not be created, maintained, or permitted for such period of time as the Property has been directed to be closed, the court may vacate the closure order. Proof that the nuisance will not be created, maintained, or permitted in the future, shall include, but not be limited to, a written statement setting forth the proactive steps the owner will take to ensure that no such nuisance shall recur on the Property. The provisions of Section 995.010 et seq. of the Code of Civil Procedure shall apply to any bond posted under this subsection.

(b) The City Attorney may seek an order that includes a provision authorizing the Police Department to periodically and without notice, inspect the Property that is the subject of an action pursuant to this section, for the purpose of ascertaining whether or not the public nuisance has recurred on the Property.

4. Sale of Chattels. The City Attorney may seek an order of abatement directing the seizure and removal from the Property of all fixtures and moveable property used in the creation and/or maintenance of the public nuisance and directing the sale by the sheriff of such personal property in the manner provided for the sale of chattels under execution. For removing and selling the fixtures and moveable property, the sheriff’s office shall be entitled to charge and receive the same fees as the sheriff’s office would for levying upon and selling like property upon execution. The net proceeds of any such sale, after the sheriff’s expenses have been paid, shall be used to first defray all the lawful expenses incurred by the City, including, but not limited to, fees and costs of the removal and sale, allowances and costs of keeping the Property closed, and costs of the City’s action. The balance, if any, shall be paid to the owner of the chattels.

5. Civil Penalty. If a defendant has conducted, maintained or permitted a public nuisance as defined in this section, the civil penalty shall not to exceed $1,000 for each counterfeit of a mark registered with the California Secretary of State or registered on the Principal Register of the United States Patent and Trademark office, or for any recording or audiovisual work where the cover, box, jacket, or label fails to accurately disclose the information regarding the manufacturer and the author, artist, performer, producer, programmer, or group, as proscribed by California Penal Codes section 653w, that is knowingly manufactured, sold, or possessed for sale on the Property. Upon recovery, such penalties shall be paid to the City of Los Angeles.

In assessing the amount of the civil penalty under this section, the court may consider any one or more of the relevant circumstances presented by any of the parties to the action, including, but not limited to, the following: the nature and seriousness of the misconduct, the number of violations, the persistence of the misconduct, the length of time over which the misconduct occurred, and the defendant’s assets, liabilities, and net worth.

(E) Costs of Abatement. In any action to abate a nuisance pursuant to this Section, the owner of the Property upon which the nuisance is found to exist shall be liable for all costs of abatement incurred by the City, including but not limited to, administrative costs and all costs incurred in the physical abatement of the nuisance. In addition to the penalties herein provided, upon entry of a second or subsequent judgment pursuant to this section that issues within a two-year period, the court may order the owner to pay treble the costs of abatement.

(F) Violations.

1. Violation of Order or Injunction. A violation or disobedience of any provision of an order or injunction issued pursuant to this section is a misdemeanor.

2. Failure to Comply with Closure Order. A Property owner or person in control of the Property who fails to comply with any pre-judgment closure order or closure order shall be guilty of a misdemeanor.

3. Defacement or Removal of Placard or Sign. Any person who defaces, covers, hides, or removes any placard or sign posted pursuant to subsection C.2.(d) or D.2.(d) of this section shall be guilty of a misdemeanor.

4. Entry Onto or Occupation of Closed Property. Any person who enters, remains, occupies or is present in a Property that has been posted pursuant to subsection C.2.(d) or D.2.(d) of this section shall be guilty of a misdemeanor. This prohibition shall not apply to public officers or public employees acting in the performance of their official duties. Notwithstanding any other provision of the Los Angeles Municipal Code to the contrary, a police officer with the Los Angeles Police Department shall have the authority to enter any building posted by the Department pursuant to this division, and arrest anyone entering the posted Property without authorization.

(G) Nonexclusive Remedies. The remedies provided in this section are cumulative and non-exclusive and they shall not exclude the City’s use of any other remedy provided by law for the protection of the health, safety and welfare of the people of the City of Los Angeles.

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