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On Wednesday, the city filed two lawsuits against two properties that the city says are alcohol or drug abuse treatment facilities. Both lawsuits were filed with the Superior Court in Orange County, calling the properties public nuisances and stating they do not have required state license.
On Tuesday night during the City Council’s closed session, Council members approved for the city attorney to file the two lawsuits against Capo By the Sea and Sobertec LLC.
Capo By the Sea is an exclusive drug addiction and alcohol rehab center that offers customized recovery programs. Along with Capo by the Sea, John T. Kahal is also named as the defendant.
The city states in the lawsuit against Capo by the Sea that the corporation has been operating a treatment facility at the property.
In the lawsuit against Sobertec LLC, the defendants are listed as Sovereign Health Group, Sober Network Properties, Edward Smilde and Grace Smilde.
In both lawsuits, the City also states the properties are located in city zoning areas that do not permit the use of a treatment facility.
“Alcoholism or drug abuse recovery or treatment facilities are prohibited in certain zones and are allowed in other zones within the city with the issuance of a conditional use permit,” the lawsuit states and adds that the location of Sobertec is not permitted in the zone in which it resides.
The lawsuits state “any facility that provides non-medical alcoholism or drug abuse recovery, treatment, or detoxification services to adults must obtain a license from the California Department of Alcohol and Drug Programs. Facilities licensed by the Department must comply with the requirements proscribed by state laws.”
According to the lawsuits, some facilities that are known as “sober living homes” do not need to be licensed if they do not provide any care or supervision of the residents. However, if the home serves seven or more clients and provides “alcoholism or drug abuse recovery or treatment service[s],” they must obtain a license from the state.
The City believes that both of the properties are being used as a facility which provides recovery or treatment services to seven or more paying clients, who are either onsite or using the property as a residential component of a treatment facility. The city also believes the properties do not have the state-issued license.
In the lawsuit against Sobertec, the city states they believe “the defendants are operating a Drug Abuse recovery or treatment facility that provides treatment services to seven or more clients in violation of state law, because it failed to obtain the necessary state-issued license, and in violation of the city’s zoning code, because such uses are prohibited in the zoning district in which the treatment facility is located.”
During the Tuesday night meeting, City Attorney Patrick Munoz said the Council authorized for code enforcement activity against one particular licensed facility in the city.
“We have reason to believe they’re not complying with their licensing requirements,” Munoz said on Tuesday.
Munoz said the city cannot and will not discriminate, or take any action, against disabled persons. But, they can take action to ensure licensing requirements are met. They can take action to enforce laws that apply to all residences, and if the city has a legitimate reason to believe that licensing laws are being violated.
Munoz said the city staff has been keeping watch on efforts made by other cities “to address the concerns that sober living home concentrations detract from the character of the community, as it is a current issue of statewide concern.”
Munoz said the city has received multiple emails and phone calls related to several homes and facilities in towns, and have been investigating their compliance with city and state regulations.
The city instructed staff to schedule a study session to be able to explain more details during a public forum.