Fresno alleges property owners keep premises a public nuisance

By Noddy A. Fernandez | Oct 3, 2017

FRESNO — Fresno and the state are suing property owners, alleging breach of duty for allowing the property to become a public nuisance.

The city of Fresno and people of the state of California filed a complaint Aug. 24 in Fresno County Superior Court against Kestwick Investment Corporation and Does 1 through 50 inclusive, alleging the defendants violated the Fresno Municipal Code (FMC) by owning a property that has become a public nuisance.

According to the complaint, from April 2012 through the present, the city has inspected the property of the defendants at 2401 E. Simpson Ave. The suit says the property has consistently been found to contain vacant, blighted, fired-damaged homes with ongoing and uncorrected public nuisances including trash, waste oil, damaged electric service panel, tall or dry grass and weeds that continue to violate the municipal code and continue to incur administrative costs. 

The plaintiffs allege the defendants have failed to take the necessary corrective action to bring the property into compliance, it remains in constant violation of the Fresno Municipal Code, and aforementioned costs and penalties remain unpaid.

Fresno and the state seek trial by jury, an order to pay the abatement, administrative costs and citation amounting to $98,788.66 as of Aug. 23, 2016, plus attorney fees, and all other relief the court deems proper. They are represented by attorney Douglas T. Sloan in Fresno.

Fresno County Superior Court case number 17CECG02921

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