BILL ANALYSIS
AB 1034
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1034 (Mullin)
As Amended June 26, 2003
Majority vote
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|ASSEMBLY: |73-0 |(May 8, 2003) |SENATE: |34-3 |(August 21, |
| | | | | |2003) |
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Original Committee Reference: H. & C.D.
SUMMARY : Makes several changes to provisions relating to
residential building code enforcement.
The Senate amendments provide that with respect to abatement
orders and possible receivership, a property must "substantially
endanger public health and safety" which is consistent with
existing law.
AS PASSED BY THE ASSEMBLY this bill:
1)Expanded 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)Required 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)Provided 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)Allowed 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)Expanded the authority of a local government to order the
repair of a building identified as being "potentially
hazardous to life or health."
AB 1034
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6)Provided that a receiver, appointed by a court to assure
building repairs are completed, may be deemed a public
officer.
7)Clarified 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).
8)Allowed 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)Required 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)Required 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)Made several technical and clarifying amendments.
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. 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.
Although detailed and sometimes expensive to follow, state and
local building standards are designed to protect Californians
against earthquakes, fires, electrical hazards, and dangerous
AB 1034
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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
defective and deteriorating housing from becoming dangerous to
occupants and worsening beyond the point of repair.
According to the sponsor, the Department of Housing and
Community Development, 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 1034 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.
Analysis Prepared by : Hubert Bower / H. & C.D. / (916)
319-2085
FN: 0002403