ACTION TARGETS OWNER LEADERS SEEK RECEIVER FOR CRIME-RIDDEN COMPLEX.Byline: Karen Maeshiro Staff Writer PALMDALE - In the first local effort of its kind, city officials want a court-appointed receiver to take over management of a downtown Palmdale apartment complex, which the city says has become a haven for drug dealers and criminals. During the past 13 months, the two-story, 22-unit apartment complex in the 38000 block of 11th Street East has been the site of a shooting, at least 26 arrests, drug dealing, public disturbances and harassment Ask a Lawyer Question Country: United States of America State: Nevada I recently moved to nev.from abut have been going back to ca. every 2 to 3 weeks for med. of passers-by, a lawsuit filed by the city said. ``We are hoping this sends a message to people that they have to be aware of the problems that their business operations Business operations are those activities involved in the running of a business for the purpose of producing value for the stakeholders. Compare business processes. The outcome of business operations is the harvesting of value from assets create for residents. The city is prepared to take action to protect the quality of life for its residents,'' said William Litvak, a city attorney. Naming owner Kimberly Ann Doyle as a defendant, the lawsuit seeks to bar her from receiving rent while the court-appointed receiver runs the complex, and wants a judge to set conditions on how she can manage the apartments once she regains control. How long the receiver, if appointed, could be in control is not known. Doyle could not be located for comment. The building, a block south of Courson Park, is described in the lawsuit as run-down, chronically dilapidated and suffering from serious neglect and inadequate repairs. ``As a result of her failure to properly maintain the premises, Doyle is able to avoid paying for necessary operating expenses Operating expenses The amount paid for asset maintenance or the cost of doing business, excluding depreciation. Earnings are distributed after operating expenses are deducted. , thereby increasing profits derived from the rental of deteriorated and substandard substandard, adj below an acceptable level of performance. rental units,'' the lawsuit said. The lawsuit contains a lengthy list of arrests and other incidents since October 2002 that have occurred at the building, including a shooting in May. ``On May 14, 2003, an admitted buyer of controlled substances controlled substance n. a drug which has been declared by federal or state law to be illegal for sale or use, but may be dispensed under a physician's prescription. was shot several times at point-blank range the extent of the apparent right line of a ball discharged. See also: Point-blank by a suspect exiting the subject property. The victim told deputies he was there to buy crack cocaine,'' the lawsuit said. Arrests of tenants and others were on charges involving marijuana sales, battery, parole violations, possession of illegal weapons, burglary, assault with a deadly weapon Assault with a Deadly Weapon is the term used to describe the act of threatening to harm one or more people by using a weapon (usually a firearm). Here, assault must be differentiated from battery as they are often confused. Assault is threatening to use force. , drugs, kidnapping and drinking in public, the lawsuit said. Drug dealers live in the apartments and use lookouts to warn them and their buyers of approaching sheriff's deputies, the lawsuit said. ``By allowing the subject property to become well-known as a sanctuary for illegal drug activities and other crimes, Doyle has created an environment whereby criminal offenders and gang members are drawn to the premises,'' the lawsuit said. ``Law-abiding tenants ... and nearby residents, including minors, live in fear of these persons, and said tenants and residents are unwillingly compelled to endure crime in their immediate vicinity ...,'' the lawsuit said. A receiver, if appointed, would have the power to take control of the building and enforce rules and regulations to deter crime and to correct substandard conditions, the lawsuit said. The receiver also would be able to collect all rent and, subject to approval of the court, borrow funds to pay for repairs and secure the debt with a recorded lien against the property, the lawsuit said. When the receivership receivership In law, state of being in the hands of a receiver, a person appointed by the court to administer, conserve, rehabilitate, or liquidate the assets of an insolvent corporation for the protection or relief of creditors. is terminated, the city is asking the court to permanently prohibit Doyle from ``committing practices that cause, condone condone v. 1) to forgive, support, and/or overlook moral or legal failures of another without protest, with the result that it appears that such breaches of moral or legal duties are acceptable. or contribute to criminal activities and public nuisances public nuisance n. a nuisance which affects numerous members of the public or the public at large, as distinguished from a nuisance which only does harm to a neighbor or a few private individuals. and their recurrence at the premises,'' the lawsuit said. Karen Maeshiro, (661) 267-5744 karen.maeshiro(at)dailynews.com |
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