BILL NUMBER: AB 1034 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 26, 2003
AMENDED IN ASSEMBLY APRIL 10, 2003
AMENDED IN ASSEMBLY MARCH 24, 2003
INTRODUCED BY Assembly Member Mullin
FEBRUARY 20, 2003
An act to amend Section 54988 of the Government Code, and to amend
Sections 17958.8, 17980, 17980.1, 17980.8, 17991,
and 17992 of, to amend and renumber Section 17980.8 of,
and to add Sections 17960.10 and 17980.10
17980.11 to, the Health and Safety Code, relating to housing.
LEGISLATIVE COUNSEL'S DIGEST
AB 1034, as amended, Mullin. Housing: building standards.
(1) Existing law authorizes the legislative body of a city,
county, or city and county to collect any fee, cost, or charge
incurred in the correction of any violation of a
specified provision provisions of law
or regulations regarding untenantable dwellings, fire safety, and
building standards.
This bill would additionally authorize the collection of fees,
costs, or charges incurred in the correction of any violation of
specified regulations or ordinances.
(2) Local ordinances or regulations governing alterations and
repair of existing buildings are required to permit the replacement,
retention, and extension of original materials and the use of
original methods of construction as long as the hotel, lodginghouse,
motel, apartment house, or dwelling, or portions thereof, or building
and structure accessory thereto, complies with the California
Building Standards Code and other requirements are met.
This bill would require the above described local ordinances or
regulations to permit the replacement, retention, and extension of
original materials and the use of original methods of construction
for any building or accessory structure, including a hotel,
lodginghouse, motel, apartment house, or dwelling, as long as the
portion of the building or accessory structure that is subject to the
replacement, retention, or extension of original materials and the
use of original methods of construction comply with the building code
provisions governing that portion of the building or accessory
structure at the time of its construction and other requirements
governing the building or accessory structure at that time are met.
(3) The State Housing Law requires the housing or building
department or, if there is no building department, the health
department, of every city, county, or city and county, or a specified
environmental agency to enforce within its jurisdiction all of the
State Housing Law, the building standards published in the State
Building Standards Code, and other specified rules and regulations.
If there is a violation of these provisions or any order or notice
that gives a reasonable time to correct that violation, or if a
nuisance exists, an enforcement agency is required, after 30 days'
notice to abate the nuisance, to institute any appropriate action or
proceeding to prevent, restrain, correct, or abate the violation or
nuisance. A violation of the State Housing Law, related published
building standards, or any other rule or regulation adopted pursuant
to the law is a misdemeanor.
This bill would authorize a notice to abate with a shorter time if
deemed necessary by the enforcement agency to prevent or remedy an
immediate threat to the health and safety of the public or occupants.
It would also authorize the building department, housing
department, or health department enforcing any of the State Housing
Law to develop a list of agencies that finance or assist residential
rehabilitation or repair activities for property owners or renters.
It would also authorize the staff of that department to provide
written or oral referrals in conjunction with, or as a result of, any
inspection, notice of violation, or other activity.
The bill would revise the provisions requiring an enforcement
agency to institute any appropriate action or proceeding to prevent,
restrain, correct, or abate the violation or nuisance, as specified.
(4) Existing law authorizes the execution of an order requiring a
building to be retrofitted to local building standards if a building
is identified by a city, city and county, or county pursuant to
specified provisions of existing law as being potentially hazardous
to life in the event of an earthquake or is identified for any other
reason to be hazardous to life in the event of an earthquake if
specified conditions are satisfied. If the conditions have not been
satisfactorily remedied or removed within the time fixed in an
abatement order, a court is required to appoint a receiver who is
required to post a bond.
This bill would instead authorize the execution of an order
requiring a building to be retrofitted to local building standards or
repaired so as not to violate any law, regulation, or ordinance
applicable to the maintenance and use of the building if a building
is identified pursuant to the above described provisions or is
identified pursuant to the State Housing Law as being
potentially hazardous to life or health in a condition
that substantially endangers the health and safety of the residents
.
This bill would deem a receiver acting under the general direction
of the enforcement agency a public officer for purposes of exempting
that receiver from requirements related to the posting of a bond and
would make conforming changes.
(5) Existing law authorizes an enforcement agency, under specified
circumstances, to seek an order to prohibit the owner from claiming
any deduction with respect to state taxes for interest, taxes,
expenses, depreciation, or amortization paid or incurred with respect
to a cited structure.
This bill would authorize an enforcement agency to require the
private owner of a specified residential structure to provide the
enforcement agency with prescribed personal identifying information,
including a social security number, if the enforcement agency
anticipates that it will pursue specified remedies against the owner.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 54988 of the Government Code is amended 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 any of the following:
(A) The abatement of public nuisances.
(B) The correction of any violation of any law, regulation, or
local ordinance 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
1 of Part 2 of Division 12 of the Health and Safety Code and
regulations or ordinances adopted pursuant to that article.
(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 or ordinances adopted
pursuant to that part.
(F) Inspections and abatement of violations of the California
Building Standards Code (Title 24 of the California Code of
Regulations).
(G) Inspections and abatement related to local ordinances and
regulations that implement any of the foregoing, if
foregoing.
If the fee, cost, or charge has not been paid within 45 days
of notice thereof, the city, county, or city and county may
collect the fee, cost, or charge 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. The notice shall
be mailed by certified mail to the last known address of the owner
of the property.
(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.
SEC. 2. Section 17958.8 of the Health and Safety Code is amended
to read:
17958.8. Local ordinances or regulations governing alterations
and repair of existing buildings shall permit the replacement,
retention, and extension of original materials and the use of
original methods of construction for any building or accessory
structure subject to this part , including a hotel,
lodginghouse, motel, apartment house, or dwelling, or portions
thereof, as long as the portion of the building and structure subject
to the replacement, retention, or extension of original materials
and the use of original methods of construction complies with the
building code provisions governing that portion of the building or
accessory structure at the time of construction, and the other rules
and regulations of the department or alternative local standards
governing that portion at the time of its construction and adopted
pursuant to Section 13143.2 and the building or accessory structure
does not become or continue to be a substandard building.
SEC. 3. Section 17960.10 is added to the Health and Safety Code,
to read:
17960.10. The building department, housing department, or health
department enforcing any of the provisions of this part may develop a
list of public or publicly funded private agencies that
finance or assist residential rehabilitation or repair activities for
real property owners or renters. Notwithstanding any other provision
of law, the staff of that department may provide written or oral
referrals to any of those financing or assistance agencies in
conjunction with, or as a result of, any inspection, notice of
violation, or other activity and may include on the list any loan or
grant program operated by the city, county, or city and county
employing that staff.
SEC. 4. Section 17980 of the Health and Safety Code is amended to
read:
17980. (a) If any building is constructed, altered, converted, or
maintained in violation of any provision of, or in violation of any
order or notice that gives a reasonable time to correct that
violation issued by an enforcement agency pursuant to this part, the
building standards published in the California Building Standards
Code, or other rules and regulations adopted pursuant to this part,
or if a nuisance exists in any building or upon the lot on which it
is situated, the enforcement agency shall, after 30 days' notice to
abate the nuisance or violation, or a notice to abate with a shorter
period of time if deemed necessary by the enforcement agency to
prevent or remedy an immediate threat to the health and safety of the
public or occupants of the structure, institute any appropriate
action or proceeding to prevent, restrain, correct, or abate the
violation or nuisance.
(b) (1) Whenever the enforcement agency has inspected or caused to
be inspected any building and has determined that the building is a
substandard building or a building described in Section 17920.10, the
enforcement agency shall commence proceedings to abate the violation
by repair, rehabilitation, vacation, or demolition of the building.
The enforcement agency shall not require the vacating of a
residential building unless it concurrently requires expeditious
demolition or repair to comply with this part, the building standards
published in the California Building Standards Code, or other rules
and regulations adopted pursuant to this part. The owner shall have
the choice of repairing or demolishing. However, if the owner
chooses to repair, the enforcement agency shall require that the
building be brought into compliance according to a reasonable and
feasible schedule for expeditious repair. The enforcement agency may
require vacation and demolition or may itself vacate the building,
repair, demolish, or institute any other appropriate action or
proceeding, if any of the following occur:
(A) The repair work is not done within the period required by the
notice.
(B) The owner does not make a timely choice of repair or
demolition.
(C) The owner selects an option which cannot be completed within a
reasonable period of time, as determined by the enforcement agency,
for any reason, including, but not limited to, an outstanding
judicial or administrative order.
(2) In deciding whether to require vacation of the building or to
repair as necessary, the enforcement agency shall give preference to
the repair of the building whenever it is economically feasible to do
so without having to repair more than 75 percent of the dwelling, as
determined by the enforcement agency, and shall give full
consideration to the needs for housing as expressed in the local
jurisdiction's housing element.
(c) (1) Notwithstanding subdivision (b) and notwithstanding local
ordinances, tenants in a residential building shall be provided
copies of any of the following:
(A) The notice of any violation described in subdivision (a) that
affects the health and safety of the occupants and that causes the
building to be substandard pursuant to Section 17920.3 or in
violation of Section 17920.10.
(B) An order of the code enforcement agency issued after
inspection of the premises declaring the dwelling to be in violation
of any provision described in subdivision (a).
(C) The enforcement agency's decision to repair or demolish.
(D) The issuance of a building or demolition permit following the
abatement order of an enforcement agency.
(2) Each document provided pursuant to paragraph (1) shall be
provided to each affected residential unit by the enforcement agency
that issued the order or notice, in the manner prescribed by
subdivision (a) of Section 17980.6.
(d) All notices issued by the enforcement agency to correct
violations or to abate nuisances shall contain a provision notifying
the owner that, in accordance with Sections 17274 and 24436.5 of the
Revenue and Taxation Code, a tax deduction may not be allowed for
interest, taxes, depreciation, or amortization paid or incurred in
the taxable year. In addition, in Los Angeles County, the notice
shall contain a provision notifying the owner that within 10 days of
recordation of a notice of substandard conditions or similar
document, the owner is required to comply with Section 17997.
(e) The enforcement agency may charge the owner of the building
for its postage or mileage cost for sending or posting the notices
required to be given by this section.
SEC. 5. Section 17980.1 of the Health and Safety Code is amended
to read:
17980.1. (a) If a building is identified by a city, city and
county, or county pursuant to Article 4 (commencing with Section
19160) of Chapter 2 of Part 3 of Division 13, or Section 8875.2 of
the Government Code as being potentially hazardous to life in the
event of an earthquake or is identified for any other reason to be
hazardous to life in the event of an earthquake, or is identified
pursuant to this part as being potentially hazardous to life
or health, as being in a condition that substantially
endangers the health and safety of residents pursuant to Section
17980.6, an order requiring the building to be retrofitted to
local seismic building standards or repaired so as not to violate any
law, regulation, or ordinance applicable to the maintenance and use
of the building, may be executed by the enforcement agency or its
agents or contractors if all of the following conditions are
satisfied:
(1) The hazardous condition is of a nature that would endanger the
immediate health and safety of residents or the public in the
event of an earthquake or because of the nature of the
violations of this part or any other laws, regulations, or ordinances
applicable to the maintenance and use of the building.
event of an earthquake.
(2) The extent and nature of a hazardous condition related to
seismic safety is such that it could be corrected with the
application of current technology.
(3) Any abatement order of the enforcement agency is not complied
with or not so far complied with as the enforcement agency may regard
as reasonable, within the time therein designated.
(b) If the owner does not comply with the abatement order within a
reasonable time after issuance of the order, the enforcement agency
may, as an alternative to any other remedy permitted under law, seek
the remedy provided by this section if the court finds the owner in
violation of the abatement order and finds that the abatement order
was issued in order to correct a hazardous condition which would
endanger the immediate health and safety of residents or the public
in the event of an earthquake or because of any violation of this
part.
(c) After serving notice upon the owner not less than 48 hours
prior to the filing of the application in accordance with the
procedures for notice specified by this subdivision, the enforcement
agency, in accordance with this section, Sections 17980.1 to 17980.3,
inclusive, and Chapter 5 (commencing with Section 564) of Title 7 of
Part 2 of the Code of Civil Procedure, may thereafter apply to the
superior court in the county where the property is situated by
petition for an order directing the owner and any mortgagees or
lienors of record to show cause why an individual or group as
proposed by the enforcement agency should not be appointed as a
receiver, and why the receiver should not remove or remedy the
condition and obtain a lien, as provided in Section 17980.2, in favor
of the enforcement agency against the property, with the lien having
the priority as specified in subdivision (b) of Section 17980.2, to
secure repayment of the costs incurred by the receiver in removing or
remedying the condition. The application shall contain all of the
following:
(1) Proof by affidavit that an abatement order of the enforcement
agency has been issued and served on the owner, mortgagees, and
lienors in accordance with this section, and that the notice
containing the same particulars as are required in the abatement
order, including the work to be done, has been filed in the office of
the county recorder in which mechanic's liens affecting the property
would be filed.
(2) A statement that the abatement order has not been complied
with or not so far complied with as the enforcement agency may regard
as reasonable within the time period therein designated.
(3) A statement that a condition that constitutes a serious hazard
and is a serious threat to life, health, or safety continues to
exist upon the property, and a description of the property and the
factors constituting the unsafe condition.
(4) A plan describing how the receiver shall perform the required
work, and how rents, issues, and profits shall be collected and
distributed among the owner, mortgagee, lienor, and enforcement
agency or receiver, and including an estimate as to the costs of the
required work, the approximate time when the repairs will be
completed, a statement as to whether a displacement of any occupant
is required, and provisions regarding assistance for displaced
occupants.
(d) The order to show cause shall be returnable not less than five
days after service is completed and shall provide for personal
service of a copy thereof and the papers on which it is based on the
owners and mortgagees of record and lienors. Alternative service may
be made upon the owner by posting upon the property and thereafter
mailing to the owner at the last known address, and upon the
mortgagee or lienor by mailing to the address set forth in the
recorded mortgage or lien and by publication in a newspaper of
general circulation in the county where the premises are located.
The service shall be completed on filing proof of service thereof in
the office of the county clerk.
(e) On the return of the order to show cause, the proceeding
regarding that order shall have precedence over every other business
of the court, unless the court finds that some other pending
proceeding, having a similar statutory precedence, shall have
priority. If the court finds good cause therefor, and finds that the
cost of repairs, when added to any valid encumbrances on the
building, shall not exceed the projected value of the building when
repaired, then the court shall appoint a receiver named in the
application or another person deemed appropriate, in accordance with
this section and Section 17980.2. However, prior to the appointment
of a receiver, if the owner or any mortgagee or lienor or other
person having an interest in the property applies to the court to be
permitted to remove or remedy the conditions, and demonstrates the
ability promptly to undertake the work required, and posts security
for the performance thereof within the time, and in the amount and
manner deemed necessary by the court, then the court may, in lieu of
appointing the receiver, issue an order permitting that person to
perform the work within a time fixed by the court.
(f) If the conditions have not been satisfactorily remedied or
removed within the time fixed in the abatement order, then the court
shall appoint a receiver. If, after granting a court order
permitting a person to perform the work, but before the time fixed by
the court for the completion thereof, it appears to the enforcement
agency that the person permitted to do the work is not proceeding in
a timely fashion, the enforcement agency may petition the court for a
hearing to determine whether a receiver should be appointed
immediately. On the failure of the owner, mortgagee, lienor, or
other person having an interest in the property to complete the work
in accordance with the provisions of the order, the costs of the
receiver thereafter appointed in removing or remedying the condition,
and for other charges herein provided for, shall be reimbursed,
paid, or made subject to a lien pursuant to Section 17980.2, or any
combination of these.
(g) Upon the appointment of a receiver by the court, which shall
include the posting of a bond by the receiver, pursuant to
subdivision (b) of Section 567 of the Code of Civil Procedure, a copy
of the order making the appointment, authenticated by a certificate
of the clerk of the court and particularly describing the property
which is subject to the receivership, shall be recorded in each
county in which any portion of the land is located. However, if the
court determines that the receiver will be acting under the general
direction of the enforcement agency, the receiver may be deemed a
public officer pursuant to Section 995.220 of the Code of Civil
Procedure.
(h) In addition to the powers specifically requested by the
enforcement agency for the receiver, the receiver shall be authorized
to employ attorneys, accountants, contractors, architects,
engineers, and other clerical and professional personnel to assist
the receiver in the performance of these duties and responsibilities.
(i) Notwithstanding Section 6103 or 27383 of the Government Code,
a county clerk or county recorder, or clerk of the court may charge a
fee to any party, including a public agency, for the cost, incurred
pursuant to this section, of filing, recording, or authentication of
documents at the request of that party.
SEC. 6. Section 17980.8 of the Health and Safety Code, as added by
Section 2 of Chapter 1194 of the Statutes of 1989, is amended
and renumbered to read:
17980.8.
17980.10. (a) An enforcement agency that properly declares
any dwelling a nuisance and, using the notice requirements and
procedures specified in Subchapter 1 (commencing with Section 1) of
Chapter 1 of Part 1 of Title 25 of the California Code of
Regulations, confirms the declaration by resolution of its governing
board shall be deemed to have acquired jurisdiction to abate the
nuisance by repairing or causing to have repairs made to the
property, by razing or removing the dwelling or in any other way
causing the nuisance to be abated.
(b) The enforcement agency shall keep an itemized account of all
of the expenses involved in abating the nuisance, including the
razing or removing of the dwelling. The enforcement agency shall
cause to be posted conspicuously on the property where the nuisance
was abated, repairs were made, or where the dwelling was razed or
removed, an expense statement. This statement shall be verified by
the officer of the enforcement agency in charge of doing the work,
showing the reasonable gross and net expense of the abatement actions
taken by the agency, including the expense of inspections; repairs,
if any; the cost of the razing or removing of the building, if
applicable; and any other costs of abatement, together with a notice
of the time and place when and where the statement shall be submitted
to the governing board of the enforcement agency for approval and
confirmation. In addition to being posted on the property, this
statement shall be sent by certified mail to each owner and other
interested party, as specified in Subchapter 1 (commencing with
Section 1) of Chapter 1 of Part 1 of Title 25 of the California Code
of Regulations.
(c) At the meeting noticed pursuant to subdivision (b), the
governing board shall consider any objections or protests, if any,
that may be raised by the property owner liable to be assessed for
the cost of the work, or by any other interested persons. If the
governing board confirms the statement of costs of abatement, those
costs shall be the obligation of each owner of the property to pay to
the public entity that has incurred them.
(d) Notwithstanding any other provision of law, any hearing
required under this section shall be conducted in accordance with
requirements adopted by the enforcement agency that are in
substantial compliance with those contained in Chapter 13 (commencing
with Section 1301), or the successor provisions to that chapter, of
the most recent edition of the Uniform Housing Code of the
International Conference of Building Officials or as specified in
Subchapter 1 (commencing with Section 1) of Chapter 1 of Part 1 of
Title 25 of the California Code of Regulations.
SEC. 7. Section 17980.10 17980.11 is
added to the Health and Safety Code, to read:
17980.10.
17980.11. If an enforcement agency has recorded with a
county recorder any notice of substandard or untenantable conditions
issued pursuant to this part for a residential structure, and if the
enforcement agency anticipates that it will pursue the remedies
provided by subdivision (b) of Section 17980.7 or subdivision (c) of
Section 17980.9, or Section 17274 or 22436.5 of the Revenue and
Taxation Code, it may require the private owner of that structure,
within 10 days of recordation, to submit to the enforcement agency
the following information:
(a) If the property owner is an individual, the name, address,
driver's license number or identification card number, social
security number or tax identification number, and any other
information deemed necessary by the enforcement agency to file the
documents necessary to utilize Section 17274 of the Revenue and
Taxation Code.
(b) If the property owner is a corporation, trust, real estate
trust, or any other entity whose taxes are subject to Part 11
(commencing with Section 23001) of the Revenue and Taxation Code, the
name, address, tax identification number, and any other information
deemed necessary by the enforcement agency to file the documents
necessary to utilize Section 22436.5 of the Revenue and Taxation
Code.
(c) If the property owner is a limited liability company,
partnership, limited partnership, trust, or real estate investment
trust, or any other entity which has owners, partners, members, or
investors whose state taxes are subject to Part 10 (commencing with
Section 17001) of the Revenue and Taxation Code and whose income,
deductions, or tax credits are subject to any change because of
interest payments, taxes, depreciation, or amortization related to
the substandard housing, the name, address, driver's license number
or identification card number, social security number or tax
identification number, and any other information deemed necessary by
the enforcement agency to file the documents necessary to utilize
Section 17274 of the Revenue and Taxation Code.
SEC. 8. Section 17991 of the Health and Safety Code is amended to
read:
17991. (a) The sale or other transfer of property to a third
party shall not render moot an administrative or judicial action or
proceeding pursuant to this article, including an action under
Section 17982, instituted by an enforcement agency, or a receiver on
behalf of an enforcement agency, against the owner of record on the
date a citation for, or other notice of, a violation of this part was
issued.
(b) In the event of any sale or other transfer of property to a
third party during the period between the issuance of the notice of
violation and the abatement of the violation, or any administrative
or judicial actions related thereto, within five days after the sale
or transfer occurs, the transferor shall record a Notice of
Conveyance of Substandard Property with the county recorder where the
property is located, identifying the name and address of the buyer
of transferee and executed with a signature that the information is
true and correct, under penalty of perjury.
(c) In the event of any sale of other transfer of property to a
third party during the period between the issuance of the notice of
violation and the abatement of the violation, or any administrative
or judicial actions related thereto, the transferor shall provide all
of the following information to the enforcement agency with five
days after the sale or transfer occurs:
(1) If the
seller or transferor is not an individual person, the name, address,
and driver's license number or identification card number of each
individual who has an interest in excess of 5 percent in the entity
which is selling or transferring the property.
(2) If the buyer or transferee is an individual person, the name,
address, and driver's license number or identification number of
that individual.
(3) If the buyer or transferee is not an individual person, the
name, address, and driver's license number or identification card
number of each individual who has an interest in excess of 5 percent
in the entity that is the buyer or transferee of the property.
SEC. 9. Section 17992 of the Health and Safety Code is amended to
read:
17992. Any person who obtains an ownership interest in any
property after a notice of pendency of an action or proceeding was
recorded with respect to the property pursuant to Section 17985 or
any other notice of a violation of this part was recorded with the
county recorder of the county in which the property is located, and
where there has been no withdrawal or expungement of the notice,
shall be subject to any order to correct a violation, including time
limitations, specified in a citation issued pursuant to Sections
17980 and 17981 or any other notice of a violation of this part that
was recorded with the county recorder of the county in which the
property is located.