BILL ANALYSIS
AB 1034
Page 1
Date of Hearing: April 9, 2003
ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT
Alan Lowenthal, Chair
AB 1034 (Mullin) - As Amended: March 24, 2003
SUBJECT : Dwelling unit building standards
SUMMARY : Makes several changes to provisions relating to
residential building code enforcement. Specifically, this
bill :
1)Expands the authority of a local government to enforce, by
lien, the collection of costs to include "inspections" for
health and safety standards of dwelling units.
2)Requires local ordinances to allow the repair or replacement
of a dwelling using original materials and methods, provided
that the portion of the dwelling that is subject to repair or
replacement complies with building code and other state and
local standards.
3)Provides that a local government may develop a list, for
purposes of referral, of public or private agencies that
finance or assist residential real property rehabilitation or
repair.
4)Allows for a shorter than 30 day notice to abate a nuisance or
other violation of building standards if deemed necessary by
the enforcement agency to prevent or remedy an immediate
threat to health and safety of the public or occupants.
5)Expands the authority of a local government to order the
repair of a building identified as being potentially hazardous
to life or health.
6)Provides that a receiver, appointed by a court to assure
building repairs are completed, may be deemed a public
officer.
7)Clarifies that nuisance abatement hearings may be conducted in
accordance with specified provisions of the California Code of
Regulations or the alternative provided by existing law
(Uniform Housing Code of the International Conference of
Building Officials).
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8)Allows an enforcement agency that anticipates that it will
pursue remedies, after filing proper notice, for untenantable
conditions, to require the private owner within 10 days of
recording notice, to submit personal information to the
enforcement agency.
9)Requires a seller of real property to file a "Notice of
Conveyance of Substandard Property" with the recorder within
five days after the transfer if a violation of building
standards has not yet been remedied.
10)Requires a seller of real property to provide personal
information about the buyer and seller to the enforcement
agency within five days after the transfer if a violation of
building standards has not yet been remedied.
11)Makes several technical and clarifying amendments.
EXISTING LAW :
1)Allows local building officials to abate nuisances and
building code violations after giving a 30-day notice.
2)Provides that after inspecting a property, the local building
official may require the property owner to repair or demolish
the building.
3)Provides that if the property owner does not make timely
repairs, the local building official can make the repairs or
demolish the building.
4)Requires local building officials to encourage the property
owner to repair building violations when 75 percent or less of
the building needs repairing.
5)Provides that in addition to any other remedy provided by law,
the local government 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
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against the property that is the subject of the enforcement
activity.
6)Requires 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.
FISCAL EFFECT : Unknown.
COMMENTS :
Vacant and run-down homes, apartments, and commercial buildings
can often pose on-going health and public safety problems for
neighborhoods. As noted above, existing law allows local
building officials to abate nuisances and building code
violations after giving a 30-day notice. After inspecting a
property, the local building official requires the property
owner to repair or demolish the building. If the property owner
does not make timely repairs, the local building official can
make the repairs or demolish the building and seek to recover
costs from the owner. As the affordable housing shortage
continues it is critical that housing stock not be lost when
repairs could have been made early on to prevent condemnation.
Although detailed and sometimes expensive to follow, state and
local building standards are designed to protect Californians
against earthquakes, fires, electrical hazards, and dangerous
conditions where they work and live. When properly applied the
entire community benefits. Cutting corners or outright
avoidance, however, risks health and safety in return for
narrow, short-term economic gains. Code enforcement officials
have noted before this committee, that many property owners who
build without permits eventually comply when inspectors enforce
state and local codes. However, some recalcitrant property
owners continue to resist enforcement orders.
According to the author, local governments have identified
various laws that are either out-of-date with regard to
penalties and procedures or which require strengthening because
they no longer deter code violations or deferred maintenance in
residential buildings. These problems became obvious, notes the
author, as local governments developed and implemented more
effective code enforcement policies to proactively prevent
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defective and deteriorating housing from becoming dangerous to
occupants and worsening beyond the point of repair.
According to the sponsor, this proposal would amend the State
Housing Law and related provisions of the Government Code to
increase the authority for local governments to perform
effective code enforcement and further clarify authority to
obtain reimbursement for the local agency efforts.
Supporters state that AB 1054 would plug holes in current law
relating to slumlords by ensuring that there is adequate notice
and an ability to enforce against a third-party owner.
Suggested amendments :
The Western Center on Law and Poverty has suggested two
amendments:
1)Page 6, line 39, after "nuisance", insert "or violation".
This would clarify that code enforcement can act after 30 days
notice whether the condition is a nuisance or code violation.
The committee may wish consider adopting this amendment.
2)Page 8, line 4, after "17920.3" insert: "or in violation of
Section 17920.10". This would make reference to the new
section, enacted last year, relating to lead hazards.
Technical amendments :
1)Page 12, line 15, after 17980.8 insert "(a)";
2)Page 14 line 25 after "transfer" delete "or" and add "of"
REGISTERED SUPPORT / OPPOSITION :
Support
California Department of Housing and Community Development
(Sponsor)
Western Center on Law and Poverty
Opposition
None on file.
AB 1034
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Analysis Prepared by : Hubert Bower / H. & C.D. / (916)
319-2085