Amended in Senate May 28, 2013

Amended in Assembly May 6, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 683

Introduced by Assembly Member Mullin

February 21, 2013

An act to amend, repeal, and add Section 53069.4 of the Government Code, relating to local government.

LEGISLATIVE COUNSEL’S DIGEST

AB 683, as amended, Mullin. Local government: fines and penalties: assessments.

Existing law authorizes the legislative body of a local agency to make any violation of any ordinance enacted by the local agency subject to an administrative fine or penalty, as specified.

This bill would, until January 1, 2020, authorize a city, county, begin delete or end delete city and county begin insert , or special district end insert to, after notice and public hearing, specially assess any fines or penalties not paid after demand by the city, county, begin delete or end delete city and county begin insert , or special district end insert against real property owned by the person owing those fines or penalties, where the fines or penalties are related to ordinance violations on the real property upon which the fines or penalties would be specially assessed, and the ordinance violations constitute a threat to public health and safety. This bill would require a city, county, begin delete or end delete city and county begin insert , or special district end insert to comply with certain notice requirements. The bill would provide that the assessment may be collected at the same time and in the same manner as ordinary county taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as are provided for ordinary county taxes, and would authorize the city, county, begin delete or end delete city and county begin insert , or special district end insert to record a lien against the property. This bill would authorize a local agency to appoint a hearing officer to hear and decide issues regarding ordinance violations and the imposition of administrative fines and penalties.

This bill would, until January 1, 2020, provide that the powers given to the legislative body of a city, county, begin delete or end delete city and county begin insert , or special district end insert under these provisions are in addition to any other powers of a city, county, begin delete or end delete city and county begin insert , or special district end insert under its charter or any other legal authority.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 53069.4 of the Government Code is
amended to read:

53069.4.  

(a) (1) The legislative body of a local agency, as the
term “local agency” is defined in Section 54951, may by ordinance
make any violation of any ordinance enacted by the local agency
subject to an administrative fine or penalty. The local agency shall
set forth by ordinance the administrative procedures that shall
govern the imposition, enforcement, collection, and administrative
review by the local agency of those administrative fines or
penalties. Where the violation would otherwise be an infraction,
the administrative fine or penalty shall not exceed the maximum
fine or penalty amounts for infractions set forth in subdivision (b)
of Section 25132 and subdivision (b) of Section 36900. The powers
given to the legislative body of a city, county, begin delete or end delete city and county begin insert ,
or special district end insert under this section are in addition to any other
powers of a city, county, begin delete or end delete city and county begin insert , or special district end insert
under its charter or any other legal authority.

(2) (A) The administrative procedures set forth by ordinance
adopted by the local agency pursuant to paragraph (1) shall provide
for a reasonable period of time, as specified in the ordinance, for
a person responsible for a continuing violation to correct or
otherwise remedy the violation prior to the imposition of
administrative fines or penalties, when the violation pertains to
building, plumbing, electrical, or other similar structural or zoning
issues, that do not create an immediate danger to health or safety.

(B) Pursuant to Chapter 14 (commencing with Section 27720)
of Part 3 of Division 1 of Title 3, or other applicable law, the
administrative procedures adopted by ordinance pursuant to
paragraph (1) may authorize the appointment of one or more
hearing officers to hear and decide issues regarding ordinance
violations and the imposition of administrative fines or penalties.

(C) A city, county, begin delete or end delete city and county begin insert , or special district end insert may,
by ordinance, combine the administrative procedures adopted
pursuant to paragraph (1) with nuisance abatement procedures
adopted by ordinance pursuant to Sections 25845, 38773.1, and
38773.5.

(3) (A) If the owner of real property fails to pay fines or
penalties upon demand by a city, county, begin delete or end delete city and county begin insert , or
special district end insert , the city, county, begin delete or end delete city and county begin insert , or special
district end insert may, after notice and public hearing, order the fines or
penalties to be specially assessed against the parcel if the fines or
penalties are related to ordinance violations on the real property
upon which the fines or penalties would be specially assessed and
the ordinance violations constitute a threat to public health and
safety. The city, county, begin delete or end delete city and county begin insert , or special district end insert
shall mail or deliver notice of the hearing at least 15 days prior to
the hearing to the owner of the parcel. For purposes of notice,
ownership of the parcel shall be determined by the latest assessment
roll, the records of the county assessor, or the records of the tax
collector, whichever is most recent. The assessment may be
collected at the same time and in the same manner as ordinary
county taxes are collected, and shall be subject to the same
penalties and the same procedure and sale in case of delinquency
as are provided for ordinary county taxes. All laws applicable to
the levy, collection, and enforcement of county taxes are applicable
to the special assessment, except that the special assessment is not
subject to the priority for special assessment liens provided for in
Article 13 (commencing with Section 53930) of Chapter 4 of Part
1 of Division 2. The assessment does not constitute a lien on real
property until a notice of lien is recorded pursuant to this section.

(B) If any administrative fine or penalty remains unpaid for 10
days following the conclusion of the public hearing described in
subparagraph (A), the tax collector may send to the owner of the
parcel, by certified mail, a notice of enforcement that states that
if payment has not been received within 45 days following the
date of the notice, a lien will be recorded. If, after the 45-day period
following the notice, the fine or penalty has not been paid, the city,
county, begin delete or end delete city and county begin insert , or special district end insert may specially assess
the cost of the administrative fines or penalties against the parcel
and cause a notice of lien to be recorded to perfect the lien. The
notice of lien shall, at a minimum, identify the assessor’s parcel
number and record owner, set forth the last known address of the
record owner, set forth the date upon which assessment was ordered
by the city, county, begin delete or end delete city and county begin insert , or special district end insert , and the
amount of the lien.

(C) Recordation of a notice of lien pursuant to subparagraph
(B) has the same effect as recordation of an abstract of a money
judgment recorded pursuant to Article 2 (commencing with Section
697.310) of Chapter 2 of Division 2 of Title 9 of Part 2 of the Code
of Civil Procedure. The lien created against the parcel has the same
force, effect, and priority as a judgment lien on real property. Upon
order of the city, county, begin delete or end delete city and county begin insert , or special district end insert , or
any officer authorized by the city, county, or city and county to
act on its behalf, a lien created under this section may be released
or subordinated in the same manner as a judgment lien on real
property may be released or subordinated.

(b) (1) Notwithstanding the provisions of Section 1094.5 or
1094.6 of the Code of Civil Procedure, within 20 days after service
of the final administrative order or decision of the local agency is
made pursuant to an ordinance enacted in accordance with this
section regarding the imposition, enforcement, or collection of the
administrative fines or penalties, a person contesting that final
administrative order or decision may seek review by filing an
appeal to be heard by the superior court, where the same shall be
heard de novo, except that the contents of the local agency’s file
in the case shall be received in evidence. A proceeding under this
subdivision is a limited civil case. A copy of the document or
instrument of the local agency providing notice of the violation
and imposition of the administrative fine or penalty shall be
admitted into evidence as prima facie evidence of the facts stated
therein. A copy of the notice of appeal shall be served in person
or by first-class mail upon the local agency by the contestant.

(2) The fee for filing the notice of appeal shall be as specified
in Section 70615. The court shall request that the local agency’s
file on the case be forwarded to the court, to be received within
15 days of the request. The court shall retain the fee specified in
Section 70615 regardless of the outcome of the appeal. If the court
finds in favor of the contestant, the amount of the fee shall be
reimbursed to the contestant by the local agency. Any deposit of
the fine or penalty shall be refunded by the local agency in
accordance with the judgment of the court.

(3) The conduct of the appeal under this section is a subordinate
judicial duty that may be performed by traffic trial commissioners
and other subordinate judicial officials at the direction of the
presiding judge of the court.

(c) If no notice of appeal of the local agency’s final
administrative order or decision is filed within the period set forth
in this section, the order or decision shall be deemed confirmed.

(d) If the fine or penalty has not been deposited and the decision
of the court is against the contestant, the local agency may proceed
to collect the penalty pursuant to the procedures set forth in its
ordinance.

(e) This section shall remain in effect only until January 1, 2020,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2020, deletes or extends that date.

SEC. 2.  

Section 53069.4 is added to the Government Code, to
read:

53069.4.  

(a) (1) The legislative body of a local agency, as the
term “local agency” is defined in Section 54951, may by ordinance
make any violation of any ordinance enacted by the local agency
subject to an administrative fine or penalty. The local agency shall
set forth by ordinance the administrative procedures that shall
govern the imposition, enforcement, collection, and administrative
review by the local agency of those administrative fines or
penalties. Where the violation would otherwise be an infraction,
the administrative fine or penalty shall not exceed the maximum
fine or penalty amounts for infractions set forth in subdivision (b)
of Section 25132 and subdivision (b) of Section 36900.

(2) The administrative procedures set forth by ordinance adopted
by the local agency pursuant to paragraph (1) shall provide for a
reasonable period of time, as specified in the ordinance, for a
person responsible for a continuing violation to correct or otherwise
remedy the violation prior to the imposition of administrative fines
or penalties, when the violation pertains to building, plumbing,
electrical, or other similar structural or zoning issues, that do not
create an immediate danger to health or safety.

(b) (1) Notwithstanding the provisions of Section 1094.5 or
1094.6 of the Code of Civil Procedure, within 20 days after service
of the final administrative order or decision of the local agency is
made pursuant to an ordinance enacted in accordance with this
section regarding the imposition, enforcement or collection of the
administrative fines or penalties, a person contesting that final
administrative order or decision may seek review by filing an
appeal to be heard by the superior court, where the same shall be
heard de novo, except that the contents of the local agency’s file
in the case shall be received in evidence. A proceeding under this
subdivision is a limited civil case. A copy of the document or
instrument of the local agency providing notice of the violation
and imposition of the administrative fine or penalty shall be
admitted into evidence as prima facie evidence of the facts stated
therein. A copy of the notice of appeal shall be served in person
or by first-class mail upon the local agency by the contestant.

(2) The fee for filing the notice of appeal shall be as specified
in Section 70615. The court shall request that the local agency’s
file on the case be forwarded to the court, to be received within
15 days of the request. The court shall retain the fee specified in
Section 70615 regardless of the outcome of the appeal. If the court
finds in favor of the contestant, the amount of the fee shall be
reimbursed to the contestant by the local agency. Any deposit of
the fine or penalty shall be refunded by the local agency in
accordance with the judgment of the court.

(3) The conduct of the appeal under this section is a subordinate
judicial duty that may be performed by traffic trial commissioners
and other subordinate judicial officials at the direction of the
presiding judge of the court.

(c) If no notice of appeal of the local agency’s final
administrative order or decision is filed within the period set forth
in this section, the order or decision shall be deemed confirmed.

(d) If the fine or penalty has not been deposited and the decision
of the court is against the contestant, the local agency may proceed
to collect the penalty pursuant to the procedures set forth in its
ordinance.

(e) This section shall become operative on January 1, 2020.