BILL NUMBER: SB 430 CHAPTERED 10/10/99 CHAPTER 681 FILED WITH SECRETARY OF STATE OCTOBER 10, 1999 APPROVED BY GOVERNOR OCTOBER 6, 1999 PASSED THE SENATE AUGUST 26, 1999 PASSED THE ASSEMBLY AUGUST 23, 1999 AMENDED IN ASSEMBLY AUGUST 19, 1999 AMENDED IN ASSEMBLY JULY 8, 1999 AMENDED IN ASSEMBLY JUNE 16, 1999 AMENDED IN SENATE MAY 17, 1999 AMENDED IN SENATE MAY 6, 1999 AMENDED IN SENATE MARCH 22, 1999 INTRODUCED BY Senator Alarcon FEBRUARY 16, 1999 An act to add Section 54988 to the Government Code, relating to local fees and charges. LEGISLATIVE COUNSEL'S DIGEST SB 430, Alarcon. Local fees and charges. Existing law provides procedures for counties and other local agencies to increase or decrease fees and charges. This bill would provide that in addition to any other remedy provided by law, the legislative body of a city, county, or city and county may collect any fee, cost, or charge incurred in the abatement of public nuisances and in the enforcement of state and local housing, building, and zoning laws, codes, and regulations with respect to construction or land use activities, except as specified, if the fee, cost, or charge has not been paid within 45 days of notice, by making the amount of any unpaid fee, cost, or charge a proposed lien against the property that is the subject of the enforcement activity. The bill would require the legislative body to provide the property owner with written notice in plain language of the proposed lien, a description of the basis for the amounts comprising the lien, and an opportunity to appear and be heard before recording the lien. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 54988 is added to the Government Code, to read: 54988. (a) (1) In addition to any other remedy provided by law, including the current powers of charter cities, the legislative body of a city, county, or city and county may collect any fee, cost, or charge incurred in (A) the abatement of public nuisances; (B) the correction of any violation of any law or regulation that would also be a violation of Section 1941.1 of the Civil Code; (C) the enforcement of zoning ordinances adopted pursuant to Chapter 4 (commencing with Section 65800) of Division 1 of Title 7 or any other constitutional or statutory authority; (D) inspections and abatement of violations of Article 1 (commencing with Section 13100) of Chapter 2 of Part 2 of Division 12 of the Health and Safety Code; (E) inspections and abatement of violations of the State Housing Law, Part 1.5 (commencing with Section 17910) of Division 13 of the Health and Safety Code and regulations adopted pursuant thereto; (F) inspections and abatement of violations of the California Building Standards Code, Title 24 of the California Code of Regulations; or (G) inspections and abatement related to local ordinances and regulations that implement any of the foregoing, if the fee, cost, or charge has not been paid within 45 days of notice thereof, by making the amount of the unpaid fee, cost, or charge a proposed lien against the property that is the subject of the enforcement activity. Except as provided in subdivision (c), the amount of the proposed lien may be collected at the same time and in the same manner as property taxes are collected. All laws applicable to the levy, collection, and enforcement of ad valorem taxes shall be applicable to the proposed lien, except that if any real property to which the lien would attach has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of taxes would become delinquent, then the lien that would otherwise be imposed by this section shall not attach to real property and the costs of enforcement relating to the property shall be transferred to the unsecured roll for collection. (2) The amount of any fee, cost, or charge shall not exceed the actual cost incurred performing the inspections and enforcement activity, including permit fees, fines, late charges, and interest. (3) This section shall not apply to owner-occupied residential dwelling units. (4) This section does not apply to any enforcement, abatement, correction, or inspection activity regarding a violation in which the violation was evident on the plans that received a building permit. (b) (1) A city, county, or city and county shall provide the owner of the property with written notice in plain language of the proposed lien, a description of the basis for the amounts comprising the lien, a minimum of 45 days after notice to pay the fee, cost, or charge, and an opportunity to appear before the legislative body and be heard regarding the amount of the proposed lien. (2) In any city, county, or city and county, the legislative body may delegate the holding of the hearing required by paragraph (1) to a hearing board designated by the legislative body. The hearing board may be the housing appeals board established pursuant to Section 17920.5 of the Health and Safety Code or any other body designated by the legislative body. The hearing board shall make a written recommendation to the legislative body which shall include factual findings based on evidence introduced at the hearing. The legislative body may adopt the recommendation without further notice of hearing, or may set the matter for a de novo hearing before the legislative body. Notice in writing of the de novo hearing shall be provided to the property owner at least 10 days in advance of the scheduled hearing. (c) If the legislative body determines that the proposed lien authorized pursuant to subdivision (a) shall become a lien, the body may also cause a notice of lien to be recorded. This lien shall attach upon recordation in the office of the county recorder of the county in which the property is situated and shall have the same force, priority, and effect as a judgment lien, not a tax lien. The notice shall, at a minimum, identify the record owner or possessor of the property, set forth the last known address of the record owner or possessor, set forth the date upon which the lien was created against the property, and include a description of the real property subject to the lien and the amount of the lien.