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Legal action taken against owner of decaying California Theatre

San Diego City Attorney files lawsuit against theatre owners over decrepit building and safety concerns.

SAN DIEGO — Safety concerns have pushed the San Diego City Attorney to take legal action over the decaying California Theatre. A lawsuit has been filed against its owner.

The California Theater is on the corner of Fourth avenue and C Street downtown. It has been shut down for the past thirty years.

It was once a place for performances and concerts but the century-old building has been neglected through the years. Now you'll find it splattered with graffiti and shattered windows.

"It's just an eyesore. It has been sitting over the years and serving what purpose everyone asks why is it still up?" said Jeffery Kibble Sr. who lives nearby.

He walks by it almost everyday to get to the trolley station.

"Early in the morning you've got rats. You gotta walk in the street or the rats will get you. Before they put the fencing on the sidewalk, the homeless had taken over that thing. I'd be pleased to see it go. It hurts the businesses around here," he said.

The city says the theater is structurally unsound and a danger to people walking by.

"This placard here is the highest level of hazard and warning," said Tony Tosca, the Deputy Chief Fire Marshall.

CBS 8 reported in August when the city demanded the owner demolish it. Seven months later, the theater still stands.

"They are responsible for caring for this building," said Mara W. Elliott, the San Diego City Attorney.

The city attorney is now suing its owner the Australian-based Caydon property group and impose fines for alleged code violations. Elliott wants the building to be declared a public nuisance and abate the property. 

The city attorney is hopeful the lawsuit will force the owners to do something and if not the city will consider taking further action. 

WATCH RELATED: City of San Diego demands California Theatre demolition due to safety concerns (Aug 2022).

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