BILL NUMBER: AB 2755	CHAPTERED  08/23/04

	CHAPTER  269
	FILED WITH SECRETARY OF STATE  AUGUST 23, 2004
	APPROVED BY GOVERNOR  AUGUST 23, 2004
	PASSED THE ASSEMBLY  AUGUST 12, 2004
	PASSED THE SENATE  JULY 29, 2004
	AMENDED IN SENATE  JUNE 7, 2004
	AMENDED IN ASSEMBLY  APRIL 12, 2004

INTRODUCED BY   Assembly Member Strickland

                        FEBRUARY 20, 2004

   An act to add Section 7.3 to the Ventura County Watershed
Protection Act (Chapter 44 of the Statutes of 1944, Fourth
Extraordinary Session), relating to the Ventura County Watershed
Protection District.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2755, Strickland.  Ventura County Watershed Protection
District:  nuisance abatement.
   (1) Existing law, the Ventura County Watershed Protection Act,
creates the Ventura County Watershed Protection District and grants
to that district authority that includes the control of floodwater
and stormwater.  The act authorizes the district to establish a
procedure for the abatement of a violation of certain ordinances
enacted by the district as a public nuisance.
   This bill would grant to the board of the district the authority
to establish a procedure for nuisance abatement in accordance with
specified provisions applicable to a county, including the authority
to recover attorney's fees, to cause a notice of abatement lien to be
recorded against the parcel upon which the nuisance exists, and to
enforce the lien by collection in the same manner as county taxes.
The bill would specify that an abatement lien created pursuant to
that procedure would be subject to the existing provisions applicable
to a county, and would have no greater priority than a lien created
pursuant to those existing provisions.
   By increasing the duties of local public entities in connection
with the imposition and enforcement of a lien, the bill would impose
a state-mandated local program.
  (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 7.3 is added to the Ventura County Watershed
Protection Act (Chapter 44 of the Statutes of 1944, Fourth
Extraordinary Session), to read:
  Sec. 7.3.  In addition to other provisions specified in this act,
the district may exercise the authority granted to a county pursuant
to Section 25845 of the Government Code for the purposes of abating a
nuisance.  For the purposes of carrying out this section, a
reference to the "county" in Section 25845 of the Government Code
means the district.  An abatement lien that is created pursuant to
this section is subject to subdivisions (e), (f), and (g) of Section
25845 of the Government Code and shall have no greater priority than
a lien created pursuant to that section.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.