|
CITY ATTORNEY'S OFFICE SEEKS THE APPOINTMENT OF A RECEIVER FOR FIRE-DAMAGED PUBLIC NUISANCE PROPERTY IN NORTH PARK
SAN DIEGO – City Attorney Heather Ferbert announced today that her office has filed a civil enforcement action asking the court to appoint a receiver to take control of a vacant, substandard residential property in the North Park neighborhood.
The property, at 3384–3386 Dale Street, is one of multiple across San Diego owned by the same individual. The lawsuit, filed on behalf of the People of the State of California and the City of San Diego, alleges that the owner allowed the property to become a public nuisance in violation of state housing laws and the San Diego Municipal Code.
According to the Complaint, the City's Building and Land Use Enforcement Division (BLUE) began investigating in May 2024 after neighbors reported squatters cutting locks, using blow torches, and fighting at all hours of the day and night. Inspectors found accumulated trash and debris and a backed-up bathroom. Additionally, BLUE found that the garage was unlawfully converted to living space with unpermitted plumbing and electrical work. The Complaint alleges the sewer line was later severed, leaving raw sewage spilling into the yard that could be smelled from the street, creating a hazardous condition for the public.
The Complaint further alleges that between November 2023 and April 2026, the San Diego Police Department received 48 calls for service at the property and spent more than 340 hours there investigating criminal activity. The calls included reports of trespassing, break-ins, narcotics activity, and domestic violence. On August 20, 2024, a fire broke out at the property, drawing 11 San Diego Fire-Rescue units and two ambulances. Fire crews spent more than 20 hours on scene, and the structures were red-tagged due to the danger to the public and first responders.
BLUE issued a Notice of Abatement in July 2024 and a Notice and Order to Vacate and Repair or Demolish in September 2024. The Complaint alleges that although the property was eventually boarded and secured, the owner failed to repair any of the violations listed in the Notice and Order including the burned structure and the sewage spill. Neighbors continue to report attempted break-ins and express concern about the attractive nuisance in their neighborhood.
“Neighbors on Dale Street have lived next to raw sewage, a burned-out building, and constant break-in attempts for more than two years," said City Attorney Heather Ferbert. "When a property owner refuses to fix dangerous conditions, my office will ask the court to put the property in the hands of someone who will."
The City is asking the court to appoint a receiver under California Health and Safety Code section 17980.7(c) to take possession of the property, hire licensed contractors, and correct the violations. The lawsuit also asks the court to declare the property a public nuisance, bar the owner from maintaining further violations anywhere in the City, and impose civil penalties of up to $2,500 per day for each Municipal Code violation.
This case is being handled by the City Attorney's Housing Protection and Civil Code Compliance Unit (HPU) and is being prosecuted by Deputy City Attorney Karen Barragan. The City Attorney's Office worked closely with the Building and Land Use Enforcement Division, the San Diego Police Department, and the San Diego Fire-Rescue Department.
The Complaint is attached here.
###
| 
