AB 1513, as amended, Fox. Residential property: possession by declaration.
Existing law allows a plaintiff, upon motion, to have immediate possession of the premises of a manufactured home, mobilehome, or real property by a writ of possession issued by a court and directed to the sheriff of the county or marshal, for execution, where it appears to the satisfaction of the court, after a hearing on the motion, from the verified complaint and from any affidavits filed or oral testimony given by or on behalf of the parties, that the defendant resides out of state, has departed from the state, cannot, after due diligence, be found within the state, or has concealed himself or herself to avoid the service of summons.
Existing law provides that every person who willfully commits a trespass is guilty of a misdemeanor.
This bill would
begin delete, until January 1, 2018,end delete
allow begin delete a propertyend delete owner begin delete,
or an agent of the property owner,end delete of residential property in the Cities of Palmdale and Lancaster in the County of Los Angeles, to register vacant real property with the local law enforcement agency and to execute, under penalty of perjury, a Declaration of Ownership of Residential Real Property. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program.
This bill would allow
begin delete aend delete property owner, or an agent of the property
owner, begin delete of residential property in the Cities of Palmdale or Lancaster in the County of Los Angeles,end delete
to file the Declaration of Ownership of Residential Real Property with the begin delete district attorneyend delete of the jurisdiction in which the property is located. The bill would require the property owner to post the filed declaration on the property listed in the declaration. The bill would require the local law enforcement agency with which the property is registered to respond as soon as practicable after being notified that an unauthorized person has been found on the property and take specified action, including requiring a person who is found on the property to produce written authorization to be on the property, and begin delete advisingend delete any person who does not produce that authorization that he or she has 48 hours to obtain it, and is subject to arrest for trespass if he or she is subsequently found on the property without it. The bill would begin delete provide thatend delete a person who is found on the property not less than 48 hours after begin delete being so notified is guilty of trespass and, if convicted, is subject to imprisonment in a county jail not exceeding one year, or a fine not exceeding $1,000, or both that imprisonment and fineend delete. By imposing new duties on local law enforcement agencies begin delete and by expanding the scope of the crime of trespassend delete this bill would create a state-mandated local program.
The bill would provide that its provisions apply only to one-unit to four-unit residences in the Cities of Palmdale and Lancaster in the County of Los Angeles.
This bill would make legislative findings and declarations as to the necessity of a special statute for the Cities of Palmdale and Lancaster in the County of Los Angeles.
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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
The Legislature finds and declares that the
2practice of squatting on vacant property is a public nuisance and
3is detrimental to the health, safety, and economy of local
4communities and to the rights of real property owners. The intent
5of this section is to provide a means to
begin delete deterend delete squatting begin delete at and to provide
6an early stageend delete
begin delete second chanceend delete for squatters to
8vacate the premises in lieu of arrest. The Legislature also declares
9this section not to be an abridgment of other statutes relating to
10trespass or civil eviction proceedings.
Section 602.55 is added to the Penal Code, immediately
12following Section 602.5, to read:
(a) The owner or owner’s agent of vacant real property
17may register the property with the local law enforcement agency
begin delete utilizingend delete the form contained in subdivision (a) of Section
begin delete 602.56end delete.
P4 1(1) The registration shall be signed under penalty of perjury and
2state that the property is vacant and is not authorized to be occupied
3by any person.
4(2) The registration shall be accompanied with a statement
5providing the name, address, and telephone number at which the
6owner can be contacted within a 24-hour period and a statement
7that either the law enforcement agency or a licensed private security
8services company has been retained to comply with the inspection
9and reporting provisions of this section, together with a copy of
10any agreement or contract to perform those services.
11(b) The owner or the owner’s agent shall register the vacant
12property no later than three days after the owner or owner’s agent
13learns that the property is vacant.
14(c) The owner or owner’s agent, immediately after authorizing
15a person to occupy the vacant property, shall do both of the
17(1) Issue a written authorization to the person authorized to
18occupy the property.
19(2) Notify the law enforcement agency where the property is
20registered and terminate the registration.
26 The licensed private security services company or law
27enforcement agency selected by the owner or owner’s agent
28pursuant to this section shall do both of the following:
29(1) Inspect the vacant property not less than once every three
31(2) Immediately notify the law enforcement agency with which
32the property is registered if any unauthorized person is found on
35 The law enforcement agency where the property is registered
36shall respond as soon as practicable after being notified pursuant
37to paragraph (2) of subdivision
begin delete (d)end delete that an unauthorized person
38is found on the property. The responding officer shall do all of the
P5 1(1) Verify that the property was inspected within the last three
2days pursuant to paragraph (2) of subdivision
begin delete (d)end delete and found to
4(2) Ascertain the identity of any person who is found on the
6(3) Require a person who is found on the property to produce
7written authorization to be on the property.
begin deleteAdvise end deleteany person who does not produce written
9authorization pursuant to paragraph (3) that he or she has 48 hours
10to obtain written authorization from the owner of the property, or
11the owner’s agent, to be on the property, and that the person will
12be subject to arrest for trespass if the person is subsequently found
13on the property without that authorization.
14(5) Verify with the owner or the owner’s agent that the property
begin deleteAny end deleteperson who is found on begin delete aend delete vacant property
20not less than 48 hours after
begin delete beingend delete notified begin delete as paragraph (4) of subdivision
21provided inend delete
begin delete (e) is guilty .
22of trespass and, upon conviction, is subject to imprisonment in a
23county jail not exceeding one year, or by a fine not exceeding one
24thousand dollars ($1,000), or bothend delete
18 This section shall not be construed to limit an owner from
19seeking other legal remedies to have a person removed from the
20vacant property pursuant to any other law.
begin deleteThe arrest of a person and removal of end deletepersonal property pursuant to begin delete the provisions ofend delete this section
begin delete isend delete not a forcible entry under the provisions of
26Section 1159 of the Code of Civil Procedure.
28 The local city council or board of supervisors shall establish
29fees for registering a vacant property with the local law
30enforcement agency and for the conduct of inspections by the law
31enforcement agency pursuant to this section.
33 This section
begin delete shall applyend delete only to one-unit to four-unit
34residences in the Cities of Palmdale and Lancaster in the County
35of Los Angeles.
37 This section shall remain in effect only until January 1, 2018,
38and as of that date is repealed, unless a later enacted statute, that
39is enacted before January 1, 2018, deletes or extends that date.
Section 602.56 is added to the Penal Code, to read:
(a) A property owner, or an agent of the property
5owner, may execute a “Declaration of Ownership” that includes
6language substantially similar to the language below and file it
begin delete district attorneyend delete of the
8jurisdiction in which the property is located. If the property owner,
9or the agent of the property owner, files the declaration with the
begin delete district attorneyend delete, he or she shall also
11post the declaration on the unoccupied residential property listed
12in the declaration.
14“DECLARATION OF OWNERSHIP OF RESIDENTIAL REAL
17I, ____________________, declare and state: I make this
18declaration based upon my own personal knowledge.
191. I am the owner___, or the agent of the owner___(check one),
20of the residential property located at _____________________,
222. Submitted with this declaration, and incorporated herein by
23reference, is a true and correct copy of the deed by which I obtained
24ownership of the Property.
253. Since obtaining ownership of the Property, no
26interest in the Property has been conveyed or transferred to any
27other person or entity.
284. At the time of obtaining ownership of the Property, no person
29was occupying the Property and no ownership interest or right of
30possession in the Property has been conveyed or transferred to any
31other person or entity.
325. As of the present date, there are no persons authorized by me
33or my agent to reside within the Property. Any persons residing
34on this Property are doing so without any express or implied
35authorization from me or my agent.
366. I have not entered into any form of lease arrangement, rental
37agreement, or given any consent whatsoever to any persons to
38reside within the Property.
P8 17. I will advise the
begin delete district attorneyend delete if there is any change in the status of the Property and an
3occupancy is authorized by me or my agent.
48. I declare under penalty of perjury that the foregoing is true
7EXECUTED on _________________________________, at
16 This section
begin delete shall applyend delete
only to one-unit to four-unit
17residences in the Cities of Palmdale and Lancaster in the County
18of Los Angeles.
20 This section shall remain in effect only until January 1, 2018,
21and as of that date is repealed, unless a later enacted statute, that
22is enacted before January 1, 2018, deletes or extends that date.
The Legislature finds and declares that a special law
24is necessary and that a general law cannot be made applicable
25within the meaning of Section 16 of Article IV of the California
26Constitution because of the unique circumstances in the Cities of
27Palmdale and Lancaster in the Country of Los Angeles, it is first necessary to
29establish this program in a limited setting to analyze its
30effectiveness before considering an extension to other local
No reimbursement is required by this act pursuant to
33Section 6 of Article XIII B of the California Constitution for certain
34costs that may be incurred by a local agency or school district
35because, in that regard, this act creates a new crime or infraction,
36eliminates a crime or infraction, or changes the penalty for a crime
37or infraction, within the meaning of Section 17556 of the
38Government Code, or changes the definition of a crime within the
39meaning of Section 6 of Article XIII B of the California
P9 1However, if the Commission on State Mandates determines that
2this act contains other costs mandated by the state, reimbursement
3to local agencies and school districts for those costs shall be made
4pursuant to Part 7 (commencing with Section 17500) of Division
54 of Title 2 of the Government Code.