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[CA] Why does a city abatement warrant for overgrown weeds include felony search warrant language?
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I received an abatement warrant at my door. I'm a bit confused as the last page reads as if it is a criminal felony warrant instead. It reads. "The people of the State of California to any peace officer in the County of [redacted: county name]: Proof, by an affidavit submitted under penalty of perjury having been made this day by the officer whose signature is affixed to the affidavit, that there is probable cause for believing that evidence tending to show that a felony (or felonies) has or have been committed, you are therefore commanded to make search on the person and/or property set forth in the description page and/or affidavit, which is incorporated by reference herein; and, in the case of a thing or things or personal property, if you find the same or any part thereof, to bring the thing or things or personal property forthwith before me at the courthouse of this Court. Given under my hand, and issued at 09:18 on this 29th day of May, 2026 Hobbs Sealing Approved: NO Night Service Approved: NO Delayed Notification: 0 Days"
I understand that receiving an abatement warrant can be quite alarming. Can you tell me if you have been charged with any related offenses or if this is the first time you're encountering such a warrant?
First time.
Have you had any prior legal issues or interactions with law enforcement that might relate to this situation?
Not that I know of.
Is there anything else the Criminal Lawyer should know before I connect you? Rest assured they'll be able to help with your abatement warrant.
No.
This is Alex, Esq., and Welcome to our service. Please note that this site is for general information, for educational purposes only, and does not constitute legal advice. Communicating with me on this site does not establish an attorney-client relationship and it is always in your best interest to 100% retain legal counsel in your specific state if you have a current legal matter that you need help with and to get legal advice from that attorney. I am not holding myself out to be certified or an expert in any particular area of law. I understand how confusing receiving an abatement warrant can be. Could you tell me more about the situation?
Do you have any idea why this would be posted? Have you ever been contacted by anyone?
We have large weeds in the backyard that need to be taken care of. We received an abatement warrant at the door dropped off by the city. I'm not sure if they've contacted us before since I'm not the home owner. Is there any way I can send photos of the document I received? It's four pages and they all look correct but I'm confused on the final page. The warrant ID number on the bottom of the pages are consistent all throughout but the language relating to felony on the last page is confusing. We've had no contact from law enforcement. Whether the city has contacted us or not I'm not sure.
I understand that the language on the last page is confusing. An abatement warrant in California is a civil court order, issued under the state's inspection warrant law (CA Civ Pro Code § 1822.50-1822.60), that allows local officials (like code enforcement or police) to enter your property to inspect, remove, or correct identified public nuisances.
For weeds and rubbish specifically, cities are authorized to require removal and to abate the condition at the responsible party's expense under (CA Govt Code § 39501) and following sections. It is issued after a property owner has repeatedly ignored prior notices and failed to correct the violations. Based on what you shared, the language would indicate that they believe if they enter and search, they could find something that would lead to felony charges.
If you are not the owner, you need to contact the owner and make them aware and if you rent the property, have to cure and remedy any issues.
Here is the text from the actual warrant for context. ABATEMENT WARRANT Code of Civil Procedure, Sections 1822.50 SUPERIOR COURT OF CALIFORNIA COUNTY OF [redacted: county name], STATE OF CALIFORNIA THE PEOPLE OF THE STATE OF CALIFORNIA To: THE CITY CODE COMPLIANCE DEPARTMENT ITS EMPLOYEES, CONTRACTORS, OR AGENTS Proof, by affidavit, having been made this day before me by the city's Senior Code Compliance Inspector, that there is just and probable cause for believing that there are conditions in and upon the premises in the attached list of Notices and Orders to Abate which constitute violations of the City Code, Sections [redacted: municipal code section] et seg. THE CITY IS HEREBY COMMANDED in the daytime, between the hours of 7:00 a.m. and 6:00 p.m. to abate and remove all weeds, rubbish, and refuse, as identified in the Notice to Destroy Weeds and Remove Rubbish, Refuse and Dirt, and to take before and after photographs of each abatement, to obtain compliance with the City Code, Sections [redacted: municipal code section] et seq. HAVING FOUND GOOD CAUSE BY AFFIDAVIT, the 14-day requirement of Code of Civil Procedure Section 1822.55 for execution of the warrant is hereby extended to ninety (90) days. HAVING FOUND GOOD CAUSE BY AFFIDAVIT, the 24-Hour Notice requirement of Code of Civil Procedure Section 1822.55 is hereby waived. HAVING FOUND GOOD CAUSE BY AFFIDAVIT, execution of this warrant in the absence of the owner or occupant is hereby authorized, and to effectuate forcible entry if necessary to conduct said abatement. Parcels and addresses of Property Owners for Warrant Number [identifying number redacted] declared in WARRANT SHEET EXHIBIT A hereto attached. Dated: May 29, 2026 1/1 1/1 11/ Judge of the Superior Court Warrant ID: [identifying number redacted] County of [redacted: county name]. The people of the State of California to any peace officer in the County of [redacted: county name]: Proof, by an affidavit submitted under penalty of perjury having been made this day by the officer whose signature is affixed to the affidavit, that there is probable cause for believing that evidence tending to show that a felony (or felonies) has or have been committed, you are therefore commanded to make search on the person and/or property set forth in the description page and/or affidavit, which is incorporated by reference herein; and, in the case of a thing or things or personal property, if you find the same or any part thereof, to bring the thing or things or personal property forthwith before me at the courthouse of this Court. Given under my hand, and issued at 09:18 on this 29th day of May, 2026 Hobbs Sealing Approved: NO Night Service Approved: NO Delayed Notification: 0 Days the judge Warrant ID: [identifying number redacted] END OF WARRANT
Would abatement even if severe lead to a potential felony? Is it possible the final page is unrelated to the abatement? I'm in California.
The first part of the warrant seems to be a standard abatement warrant, which allows the city to address code violations like weeds and rubbish. The language about felony charges on the last page is unusual for an abatement warrant and might be a standard clause included in warrants for other purposes. It would be best to contact the city or a local attorney to clarify this discrepancy and ensure there are no misunderstandings. If you're not the homeowner, informing them about this situation is crucial. The issue has to be taken care of if you allowed the weeds and backyard to grow like this.
I'll call the city and ask for more info in the morning. Do you believe it's more likely this is just a standard clause or that the felony part might be a separate thing altogether? The warrant ID on the first page and second page are consistent and the 0 days delayed notification is also consistent despite the felony language. The page numbers on the bottom are also consistent so it doesn't suggest that page was added on accident. It's just a bit scary seeing that language written down. I appreciate your help!
It's completely understandable to feel concerned seeing that kind of language. It's possible that the felony language is a standard clause or unrelated to your specific situation, especially if everything else is consistent. However, confirming with the city is a good step to ensure there are no misunderstandings.
Thank you for the help! That's all I had to ask.
You are welcome.
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