BILL NUMBER: SB 1545 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 12, 2000
AMENDED IN SENATE APRIL 27, 2000
INTRODUCED BY Senator Costa
FEBRUARY 17, 2000
An act to amend Section Sections 17021 and
17055 of the Health and Safety Code, relating to housing.
LEGISLATIVE COUNSEL'S DIGEST
SB 1545, as amended, Costa. Housing: employee housing.
Under
(1) The Employee Housing Act reserves to local jurisdictions
specified planning and zoning requirements that include, among other
things, the source of water supply and method of sewage disposal,
except as specified.
This bill would impose specified processing requirements with
respect to a building permit, grading permit, or other approval from
a city or county building department for the construction or
rehabilitation of real property improvements that are or will be
employee housing, or from a city or county health department for the
operation, construction, or repair of a water system or waste
disposal system servicing employee housing. The bill would also
require the local building or health department to approve or deny a
complete application or permit request within 30 calendar days and
would provide that if the application or permit is not approved or
denied within the 30-day period, it is deemed approved if the
complete plans are signed by a licensed architect or engineer.
Because the bill would increase the duties of local public
officials, it would impose a state-mandated local program.
(2) Under the Employee Housing Act, if a civil action has not been
filed by the enforcement agency within 34 days after receipt of the
complaint has been denied, or within 34 days after the administrative
complaint has been denied, and if the agency determines that the
conditions alleged in the complaint continue to exist, the
complainant may bring a civil action for injunctive or declaratory
relief.
This bill would provide instead that a complainant may bring a
civil action for injunctive relief if the enforcement agency has not
filed a civil action within 30 days after receipt of the complaint.
(3) Under the Employee Housing Act, if a complainant
alleges, and the court finds, that residents of the employee housing
were in imminent peril as a result of serious violations of the act,
the complainant is not required to wait more than 5 days for the
enforcement agency to bring the civil action and the complainant is
authorized to do so after 5 days and is entitled to all rights and
remedies pursuant to the act.
This bill would delete the 5-day waiting period.
(4) 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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee:
no yes . State-mandated local program:
no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 17021 of the Health and Safety Code is
amended to read:
17021. (a) Except as provided in Sections 17021.5 and
17021.6, local use zone requirements, local fire zones, property
line, source of water supply and method of sewage disposal
requirements are hereby specifically and entirely reserved to the
local jurisdictions.
(b) Notwithstanding any other provision of law, with respect to a
building permit, grading permit, or other approval from a city or
county building department for the construction or rehabilitation of
real property improvements that are or will be employee housing, or
from a city or county health department for the operation,
construction, or repair of a water system or waste disposal system
servicing employee housing, all of the following processing
requirements shall apply:
(1) The local building or health department shall have up to 30
calendar days to approve or deny a complete application or permit
request accompanied by applicable fees, or a shorter time period if
required by the Permit Streamlining Act (Chapter 4.5 (commencing with
Section 65920) of Division 1 of Title 7 of the Government Code). An
application or permit request may be denied on procedural grounds
only if the denial occurs within 10 calendar days and the denial
includes an itemization of the procedural defects. An application or
permit request may be denied on substantive grounds if the denial
includes an itemization of all substantive defects.
(2) If the application or permit request is not approved or denied
by the local building or health department within the period
prescribed by paragraph (1), the application or permit request is
deemed approved if the complete plans related thereto are signed by a
licensed architect or engineer. At that time, the applicant may
initiate any work consistent with the application or permit approved
pursuant to this subdivision. Upon completion of the work, any other
state or local agency shall accept the improvements as if they had
been approved by the local building or health department.
SEC. 2. Section 17055 of the Health and Safety Code is
amended to read:
17055. (a) Any person residing in employee housing subject to
this part may file an administrative complaint orally or in writing
with the enforcement agency. The enforcement agency shall deliver a
summary or copy of the complaint, by mail or in person, to the owner
or operator, at the time of filing the complaint.
(b) If a civil action under this part has not been filed by the
enforcement agency within 34 30 days
after receipt of the complaint, or within 34 days after the
administrative complaint has been denied, and if the agency
determines that the conditions alleged in the complaint continue to
exist , the complainant may bring a civil action for
injunctive or declaratory relief and appropriate statutory damages,
civil penalties, actual damages, penalties, and other remedies which
arise from any violation of this part, building standards published
in the State Building Standards Code relating to employee housing,
regulations adopted pursuant to this part, or conditions of the
permit.
(c) In any civil action under this section, if the enforcement
agency certifies that the employee housing is in compliance with this
part, building standards published in the State Building Standards
Code relating to employee housing, regulations adopted pursuant to
this part, and conditions of the permit, no injunctive relief related
to mandatory repairs shall be granted with respect to any alleged
violation covered by the certificate.
(d) In any civil action brought by a private person or entity
under this section, the private person or entity may be granted
reasonable attorney's fees and costs, in addition to any other remedy
granted, if the private person or entity prevails, and if the trier
of fact finds that the violations involve retaliation or are so
extensive and of such a nature that the immediate health and safety
of residents or the public is endangered or has been endangered.
(e) If a complainant alleges, and the court finds, that residents
of the employee housing were in imminent peril as a result of serious
violations of this part, the complainant is not required to wait for
the enforcement agency to bring the civil action.
SEC. 3. Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.