BILL NUMBER: SB 373	CHAPTERED  10/06/05

	CHAPTER  599
	FILED WITH SECRETARY OF STATE  OCTOBER 6, 2005
	APPROVED BY GOVERNOR  OCTOBER 6, 2005
	PASSED THE ASSEMBLY  SEPTEMBER 6, 2005
	PASSED THE SENATE  APRIL 11, 2005
	AMENDED IN SENATE  APRIL 5, 2005

INTRODUCED BY   Senator Kehoe

                        FEBRUARY 17, 2005

   An act to amend Section 13 of the County Water Authority Act
(Chapter 545 of the Statutes of 1943), relating to water.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 373, Kehoe  County water authority: encroachments.
   Existing law, the County Water Authority Act, authorizes the board
of directors of a county water authority to establish procedures for
the abatement of an encroachment that violates a regulation adopted
by the authority regarding its facilities, property, and
rights-of-way and to recover the costs of an abatement by means of a
lien.
   This bill would provide that an encroachment maintained in
violation of a regulation is a public nuisance that is subject to
abatement by bringing a civil proceeding.


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


  SECTION 1.  Section 13 of the County Water Authority Act (Chapter
545 of the Statutes of 1943) is amended to read:
   Sec. 13.  (a) All matters and things necessary for the proper
administration of the affairs of the authority that are not provided
for in this act shall be provided for by the board of directors of
the authority by ordinance or resolution. Any action required by this
act to be done by resolution may be done, with equal validity, by
ordinance.
   (b) (1) The board of directors of the authority may adopt
regulations regarding its facilities, property, and rights-of-way.
The board of directors, by ordinance, may make a violation of any
regulation adopted pursuant to this subdivision subject to an
administrative fine.
   (2) The board of directors shall set forth, by ordinance or
resolution, the administrative procedures that govern the imposition,
enforcement, collection, and administrative review by the authority
of those administrative fines.
   (3) The amount of the administrative fine shall not exceed the
maximum fine for infractions set forth in subdivision (b) of Section
25132 and subdivision (b) of Section 36900 of the Government Code.
For the purpose of carrying out this subdivision, Section 53069.4 of
the Government Code applies, except that any action required by that
section to be taken by ordinance may be taken by resolution of the
board of directors.
   (c) The board of directors of the authority, by ordinance, may
establish procedures for the abatement of encroachments that violate
any regulation adopted pursuant to subdivision (b) and to recover the
costs of abatement by means of a lien with the status and priority
of a judgment lien on the property that is subject to the easement or
right-of-way from which the encroachment is abated. These procedures
shall provide for a reasonable period, specified in the ordinance,
during which a person responsible for a continuing violation may
abate the encroachment before the commencement of any abatement under
this section. For the purposes of carrying out this subdivision,
Section 38773.1 of the Government Code applies, except that any
action required by that section to be taken by the legislative body
shall be taken by the board of directors of the authority. The remedy
authorized in this subdivision is cumulative to any other remedy
authorized by law.
   (d) An encroachment maintained in violation of a regulation
adopted pursuant to subdivision (b) is a public nuisance that is
subject to abatement by bringing a civil proceeding.