Can a district attorney bring a civil action to abate a public nuisance in his county?

In this respect, Government Code section 26528 provides: "The district attorney may, and when directed by the board of supervisors shall, bring a civil action in the name of the people of the State of California to abate a public nuisance in his county." Likewise, Code of Civil Procedure, section 731 provides that the district attorney must bring such an action whenever so directed by the board of supervisors. Accordingly, Board of Supervisors v. Simpson, supra, at pages 675 and 676, held that a district attorney could be compelled by writ of mandate to bring a nuisance action when so directed by the board of supervisors.

In addition to usual duties, a district attorney has the authority to participate in noncriminal actions or proceedings that are in aid of or auxiliary to the district attorney's usual duties. (Rauber v. Herman (1991) 229 Cal.App.3d 942, 948.) While, as a general rule, district attorneys may not use their funds and powers to intervene in purely private litigation, some functions, though civil in nature, are so closely related and in the furtherance of criminal law enforcement that the district attorney may properly perform them. (Id. at pp. 947-948.)