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1 ANDREW JANZ, City Attorney
CITY OF FRESNO
2 By: Christina A. Roberson, Assistant City Attorney (284512)
3 Sylvia Luna, Deputy City Attorney (345390) RECEIVED
2600 Fresno Street 4/3/2024 10:27 AM
4 Fresno, California 93721-3602 FRESNO COUNTY SUPERIOR COURT
Telephone: (559) 621-7500 By: S. Garcia, Deputy
5 Facsimile: (559) 457-1084 Exempt from filing fees pursuant
6 to Government Code section 6103.
Attorneys for Petitioners City of Fresno
7 and People of the State of California
8
9 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 IN AND FOR THE COUNTY OF FRESNO
11 24CECG01463
In the Matter of the City of Fresno’s Application Case No.:
12 for Issuance of an Inspection and Abatement
FORCIBLE ENTRY INSPECTION AND
Warrant for the real property located at 2734 ABATEMENT WARRANT FOR 2734
13
West Clinton Avenue, Fresno, California WEST CLINTON AVENUE, FRESNO,
14 93705, Assessor's Parcel Number 442-081-22; CALIFORNIA, APN 442-081-22
owned by Jesus Pineda Hernandez.
15
16 INSPECTION AND ABATEMENT WARRANT
17 THE PEOPLE OF THE STATE OF CALIFORNIA, TO ANY CODE
18 ENFORCEMENT OFFICER, POLICE OFFICER, LEGAL INVESTIGATOR, BUILDING
OFFICIAL, PARKING OFFICIAL, PLANNING OFFICIAL OR FIRE OFFICIAL OF
19 THE CITY OF FRESNO, OR ANY CONTRACTOR HIRED BY THE CITY OF FRESNO:
20 UPON GOOD CAUSE SHOWN TO THE COURT by declaration of Community
21 Revitalization Specialist Michael Duarte and documentary evidence presented to the Court.
22 AT THE PREMISES LOCATED ON:
23 2734 West Clinton Avenue, Fresno, California, 93705 (the Property)
24 Assessor’s Parcel Number 442-081-22.
25 YOU ARE HEREBY COMMANDED TO enter the Property to inspect and to abate
26 identified public nuisances that exist within the Property in order to bring the Property into
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CITY ATTORNEY
CITY HALL Application for Inspection and Abatement Warrant at 2734 W. Clinton Ave.
FRESNO, CA 93721 Inspection and Abatement Warrant
1 compliance with the City of Fresno Municipal Code pursuant to the Code of Civil Procedure
2 section 1822.50 et seq.
3 YOU ARE AUTHORIZED to enter all exterior areas of the Property, the interior and
4 exterior of any accessory structures present (including any RVs, travel trailers, vehicles, detached
5 garages, tents, and/or sheds), as well as any other improvements on the Property, to conduct a
6 complete inspection and abatement of all violations identified in the Notice and Order dated
7 August 18, 2023, specifically: (1) junk and rubbish, (2) tall grass and weeds, (3) illegal use of land,
8 and (4) any and all public nuisances and dangerous conditions present on the Property at the time
9 of warrant execution. In addition, the Fresno Police Department is authorized to enter all exterior
10 areas of the Property, the interior and exterior of any accessory structures present (including any
11 RVs, travel trailers, vehicles, detached garages, tents, and/or sheds), as well as any other
12 improvements on the Property, and the vacant building, if necessary.
13 THE INSPECTION AND ABATEMENT shall be made pursuant to Code of Civil
14 Procedure sections 1822.55-56. The inspection and abatement shall be conducted any time
15 between 8:00 a.m. and 6:00 p.m., within fourteen days from the date of this warrant after providing
16 at least 24-hour notice to the Property owner prior to the execution of the warrant by personal
17 service or by posting on the Property, and a courtesy notice also sent via U.S. First Class Mail to
18 the Property owner’s address of record.
19 Pursuant to Code of Civil Procedure section 1822.56, sufficient cause _____has /_____has
20 not been shown for the execution of the warrant in the absence of the Property owner or
21 occupant(s).
22 Pursuant to Code of Civil Procedure section 1822.56, sufficient cause ______has / ____has
23 not been shown for the execution of the warrant by means of forcible entry through the use of
24 reasonable force.
25 City of Fresno Code Enforcement, HART Code Enforcement, Fire Officials, Building
26 Officials, Parking Officials, Planning Officials, Solid Waste Division, Fresno Humane Animal
27 Services, Fresno Animal Center, Poverello House HOPE outreach team, Attorneys, other City of
28 Fresno personnel as deemed necessary, County of Fresno personnel as deemed necessary, and any
2
CITY ATTORNEY
CITY HALL Application for Inspection and Abatement Warrant at 2734 W. Clinton Ave.
FRESNO, CA 93721 Inspection and Abatement Warrant
1 contractor hired by the City of Fresno may accompany City of Fresno Legal Investigators and/or
2 Code Enforcement Officers at the time of execution of the warrant for the purpose of investigating,
3 documenting, and enforcing applicable sections of the Fresno Municipal Code, and State laws or
4 regulations relating to building, fire, safety, plumbing, electrical, health, housing, or zoning.
5 City of Fresno Police Officers may accompany City of Fresno Legal Investigators and/or
6 Code Enforcement Officers, inspectors or representatives at the time of execution of the warrant
7 for the purpose of maintaining public order, peace, and safety, and performing protective sweeps
8 of the Property. The willful refusal of an inspection authorized by this warrant is a misdemeanor.
9 After making the inspection you are directed to make a return to this Court according to
10 Code of Civil Procedure section 1822.55. This warrant will be effective from the date hereto for a
11 period not to exceed fourteen days, and authority to reenter shall continue until the inspection and
12 abatement has been completed. This warrant shall be returned upon execution.
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Given under my hand this ____ day of the month of ____________________, 2024.
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16 JUDGE OF THE SUPERIOR COURT
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19 SL:th
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CITY ATTORNEY
CITY HALL Application for Inspection and Abatement Warrant at 2734 W. Clinton Ave.
FRESNO, CA 93721 Inspection and Abatement Warrant
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1 ANDREW JANZ, City Attorney CITY OF FRESNO 2 By: Christina A. Roberson, Assistant City Attorney (284512) 3 Sylvia Luna, Deputy City Attorney (345390) RECEIVED 2600 Fresno Street 4/3/2024 10:27 AM 4 Fresno, California 93721-3602 FRESNO COUNTY SUPERIOR COURT Telephone: (559) 621-7500 By: S. Garcia, Deputy 5 Facsimile: (559) 457-1084 Exempt from filing fees pursuant 6 to Government Code section 6103. Attorneys for Petitioners City of Fresno 7 and People of the State of California 8 9 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 IN AND FOR THE COUNTY OF FRESNO 11 24CECG01463 In the Matter of the City of Fresno’s Application Case No.: 12 for Issuance of an Inspection and Abatement FORCIBLE ENTRY INSPECTION AND Warrant for the real property located at 2734 ABATEMENT WARRANT FOR 2734 13 West Clinton Avenue, Fresno, California WEST CLINTON AVENUE, FRESNO, 14 93705, Assessor's Parcel Number 442-081-22; CALIFORNIA, APN 442-081-22 owned by Jesus Pineda Hernandez. 15 16 INSPECTION AND ABATEMENT WARRANT 17 THE PEOPLE OF THE STATE OF CALIFORNIA, TO ANY CODE 18 ENFORCEMENT OFFICER, POLICE OFFICER, LEGAL INVESTIGATOR, BUILDING OFFICIAL, PARKING OFFICIAL, PLANNING OFFICIAL OR FIRE OFFICIAL OF 19 THE CITY OF FRESNO, OR ANY CONTRACTOR HIRED BY THE CITY OF FRESNO: 20 UPON GOOD CAUSE SHOWN TO THE COURT by declaration of Community 21 Revitalization Specialist Michael Duarte and documentary evidence presented to the Court. 22 AT THE PREMISES LOCATED ON: 23 2734 West Clinton Avenue, Fresno, California, 93705 (the Property) 24 Assessor’s Parcel Number 442-081-22. 25 YOU ARE HEREBY COMMANDED TO enter the Property to inspect and to abate 26 identified public nuisances that exist within the Property in order to bring the Property into 27 28 1 CITY ATTORNEY CITY HALL Application for Inspection and Abatement Warrant at 2734 W. Clinton Ave. FRESNO, CA 93721 Inspection and Abatement Warrant 1 compliance with the City of Fresno Municipal Code pursuant to the Code of Civil Procedure 2 section 1822.50 et seq. 3 YOU ARE AUTHORIZED to enter all exterior areas of the Property, the interior and 4 exterior of any accessory structures present (including any RVs, travel trailers, vehicles, detached 5 garages, tents, and/or sheds), as well as any other improvements on the Property, to conduct a 6 complete inspection and abatement of all violations identified in the Notice and Order dated 7 August 18, 2023, specifically: (1) junk and rubbish, (2) tall grass and weeds, (3) illegal use of land, 8 and (4) any and all public nuisances and dangerous conditions present on the Property at the time 9 of warrant execution. In addition, the Fresno Police Department is authorized to enter all exterior 10 areas of the Property, the interior and exterior of any accessory structures present (including any 11 RVs, travel trailers, vehicles, detached garages, tents, and/or sheds), as well as any other 12 improvements on the Property, and the vacant building, if necessary. 13 THE INSPECTION AND ABATEMENT shall be made pursuant to Code of Civil 14 Procedure sections 1822.55-56. The inspection and abatement shall be conducted any time 15 between 8:00 a.m. and 6:00 p.m., within fourteen days from the date of this warrant after providing 16 at least 24-hour notice to the Property owner prior to the execution of the warrant by personal 17 service or by posting on the Property, and a courtesy notice also sent via U.S. First Class Mail to 18 the Property owner’s address of record. 19 Pursuant to Code of Civil Procedure section 1822.56, sufficient cause _____has /_____has 20 not been shown for the execution of the warrant in the absence of the Property owner or 21 occupant(s). 22 Pursuant to Code of Civil Procedure section 1822.56, sufficient cause ______has / ____has 23 not been shown for the execution of the warrant by means of forcible entry through the use of 24 reasonable force. 25 City of Fresno Code Enforcement, HART Code Enforcement, Fire Officials, Building 26 Officials, Parking Officials, Planning Officials, Solid Waste Division, Fresno Humane Animal 27 Services, Fresno Animal Center, Poverello House HOPE outreach team, Attorneys, other City of 28 Fresno personnel as deemed necessary, County of Fresno personnel as deemed necessary, and any 2 CITY ATTORNEY CITY HALL Application for Inspection and Abatement Warrant at 2734 W. Clinton Ave. FRESNO, CA 93721 Inspection and Abatement Warrant 1 contractor hired by the City of Fresno may accompany City of Fresno Legal Investigators and/or 2 Code Enforcement Officers at the time of execution of the warrant for the purpose of investigating, 3 documenting, and enforcing applicable sections of the Fresno Municipal Code, and State laws or 4 regulations relating to building, fire, safety, plumbing, electrical, health, housing, or zoning. 5 City of Fresno Police Officers may accompany City of Fresno Legal Investigators and/or 6 Code Enforcement Officers, inspectors or representatives at the time of execution of the warrant 7 for the purpose of maintaining public order, peace, and safety, and performing protective sweeps 8 of the Property. The willful refusal of an inspection authorized by this warrant is a misdemeanor. 9 After making the inspection you are directed to make a return to this Court according to 10 Code of Civil Procedure section 1822.55. This warrant will be effective from the date hereto for a 11 period not to exceed fourteen days, and authority to reenter shall continue until the inspection and 12 abatement has been completed. This warrant shall be returned upon execution. 13 Given under my hand this ____ day of the month of ____________________, 2024. 14 15 16 JUDGE OF THE SUPERIOR COURT 17 18 19 SL:th 20 21 22 23 24 25 26 27 28 3 CITY ATTORNEY CITY HALL Application for Inspection and Abatement Warrant at 2734 W. Clinton Ave. FRESNO, CA 93721 Inspection and Abatement Warrant