BILL NUMBER: AB 683 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 28, 2013
AMENDED IN ASSEMBLY MAY 6, 2013
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,
or city and county , or special district
to, after notice and public hearing, specially assess any fines
or penalties not paid after demand by the city, county, or
city and county , or special district 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,
or city and county , or special district
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, or city and county
, or special district 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, or
city and county , or special district under
these provisions are in addition to any other powers of a city,
county, or city and county , or
special district 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, or city
and county , or special district under this section are
in addition to any other powers of a city, county, or
city and county , or special district 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, or city and county ,
or special district 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, or city
and county , or special district , the city, county,
or city and county , or special district
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, or city and county
, or special district 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, or city and county , or special
district 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, or
city and county , or special district , 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, or city and county , or
special district , 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.