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Mrs. Joann Krein <br />October 12, 1978 <br />Page Three <br />Section 370 of the California Public Health & Safety <br />Code reads: "Anything which is injurious to health, <br />or is indecent, or offensive to the senses, or an <br />obstruction to the free use of property, so as to <br />interfere with the comfortable enjoyment of life or <br />property by an entire community or neighborhood, <br />or by any considerable number of persons, or unlaw- <br />fully obstructs the free passage or use, in the <br />customary manner, of any navigable lake, or river, <br />bay, stream, canal, or basin, or any public park, <br />square, street, or highway, is a public nuisance." <br />It is not clear what application Streets & Highways <br />Code Section 1460(a) has to the situation which <br />you have described. Section 370 of the Public <br />Health and Safety Code defines a public nuisance. <br />You have indicated that you believe that Forward, <br />Inc. is "guilty" of violation of this section. It <br />is not within the authority of the Board of Super- <br />visors to determine criminal guilt or innocence. <br />Such matters must be determined by the criminal <br />justice system which include the District Attorney <br />and the courts. If you believe that there is a <br />criminal violation in this instance, you should make <br />a complaint to the District Attorney (phone: 944-2411). <br />Thank you for your interest in this matter and should you have <br />any further questions, please feel free to contact this office. <br />Sincerely, <br />C. E. DIXON <br />County Administrator <br />CED: FBA: mj <br />cc: Board Members <br />County Counsel <br />District Attorney <br />Planning Department <br />Local Health District <br />Manteca -Lathrop Fire District <br />California Highway Patrol <br />Forward, Inc. <br />