(a) To abate the nuisance caused by illegal conduct involving a controlled substance purpose on real property, the city prosecutor or city attorney may file, in the name of the people, an action for unlawful detainer against any person who is in violation of the nuisance or illegal purpose provisions of subdivision 4 of Section 1161 of the Code of Civil Procedure, with respect to that controlled substance purpose. In filing this action, which shall be based upon an arrest report by a law enforcement agency, reporting an offense committed on the property and documented by the observations of a police officer, the city prosecutor or city attorney shall use 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 in cases filed under this section, the following also shall apply: (1) (A) Prior to filing an action pursuant to this section, the city prosecutor or city attorney shall give 30 calendar daysâ written notice to the owner, requiring the owner to file an action for the removal of the person who is in violation of the nuisance or illegal purpose provisions of subdivision 4 of Section 1161 of the Code of Civil Procedure with respect to a controlled substance purpose. (B) This notice shall include sufficient documentation establishing a violation of the nuisance or illegal purpose provisions of subdivision 4 of Section 1161 of the Code of Civil Procedure and an advisement to the owner of the assignment provision contained in subparagraph (D). The notice shall be served upon the owner and the tenant in accordance with subdivision (e). (C) The notice to the tenant shall, in at least 14-point bold type, meet the following requirements: (i) The notice shall contain the following language: â(Date) (Name of tenant) (Address of tenant) Re: Civil Code Section 3486 Dear (name of tenant): This letter is to inform you that an eviction action may soon be filed in court against you for suspected drug activity. According to state law, Civil Code Section 3486 provides for eviction of persons engaging in such conduct, as described below. (Name of police department) records indicate that you, (name of arrestee), were arrested on (date) for violations of (list violations) on (address of property). A letter has been sent to the property owner(s) advising of your arrest and the requirements of state law, as well as the landlordâs option to assign the unlawful detainer action to the (name of city attorney or prosecutorâs office). A list of legal assistance providers is provided below. Please note, this list is not exclusive and is provided for your information only; the (name of city attorney or prosecutorâs office) does not endorse or recommend any of the listed agencies. Sincerely, (Name of deputy city attorney or city prosecutor) Deputy City (Attorney or Prosecutor) Notice to Tenant: This notice is not a notice of eviction. You should call (name of the city attorney or prosecutor pursuing the action) at (telephone number) or a legal assistance provider to stop the eviction action if any of the following is applicable: (1) You are not the person named in this notice. (2) The person named in the notice does not live with you. (3) The person named in the notice has permanently moved. (4) You do not know the person named in the notice. (5) You want to request that only the person involved in the nuisance be evicted, allowing the other residents to stay. (6) You have any other legal defense or legal reason to stop the eviction action. A list of legal assistance providers is attached to this notice. Some provide free legal assistance if you are eligible.â (ii) The notice shall be provided to the tenant in English and, as translated, in all of the languages identified in subdivision (a) of Section 1632 of the Civil Code. (D) The owner shall, within 30 calendar days of the mailing of the written notice, either provide the city prosecutor or city attorney with all
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