BILL NUMBER: AB 2317	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 25, 2010
	PASSED THE ASSEMBLY  AUGUST 27, 2010
	AMENDED IN SENATE  AUGUST 20, 2010
	AMENDED IN ASSEMBLY  APRIL 5, 2010
	AMENDED IN ASSEMBLY  MARCH 25, 2010

INTRODUCED BY   Assembly Member Saldana

                        FEBRUARY 19, 2010

   An act to amend, add, and repeal Sections 25845, 38773.1, and
38773.5 of the Government Code, relating to local government.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2317, Saldana. Local government: nuisance abatement.
   Existing law authorizes the legislative body of a city or county
to establish a procedure to use a nuisance abatement lien or a
special assessment to collect abatement costs and related
administrative costs.
   This bill would authorize, until January 1, 2014, the legislative
body of a city or county to also collect fines related to the
nuisance abatement using a nuisance abatement lien or a special
assessment.



THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 25845 of the Government Code is amended to
read:
   25845.  (a) The board of supervisors, by ordinance, may establish
a procedure for the abatement of a nuisance. The ordinance shall, at
a minimum, provide that the owner of the parcel, and anyone known to
the board of supervisors to be in possession of the parcel, be given
notice of the abatement proceeding and an opportunity to appear
before the board of supervisors and be heard prior to the abatement
of the nuisance by the county. However, nothing in this section
prohibits the summary abatement of a nuisance upon order of the board
of supervisors, or upon order of any other county officer authorized
by law to summarily abate nuisances, if the board or officer
determines that the nuisance constitutes an immediate threat to
public health or safety.
   (b) In any action to abate a nuisance, whether by administrative
proceedings, judicial proceedings, or summary abatement, the owner of
the parcel upon which the nuisance is found to exist shall be liable
for all costs of abatement incurred by the county and fines related
to the nuisance abatement, including, but not limited to,
administrative costs, and any and all costs incurred in the physical
abatement of the nuisance. Recovery of costs pursuant to this section
shall be in addition to and shall not limit any prevailing party's
right to recover costs pursuant to Sections 1032 and 1033.5 of the
Code of Civil Procedure or any other provision of law.
   (c) A county may, by ordinance, provide for the recovery of
attorney's fees in any action, administrative proceeding, or special
proceeding to abate a nuisance. If the ordinance provides for the
recovery of attorney's fees, it shall provide for recovery of
attorney's fees by the prevailing party, rather than limiting
recovery of attorney's fees to the county if it prevails. The
ordinance may limit recovery of attorney's fees by the prevailing
party to those individual actions or proceedings in which the county
elects, at the initiation of that individual action or proceeding, to
seek recovery of its own attorney's fees. In no action,
administrative proceeding, or special proceeding shall an award of
attorney's fees to a prevailing party exceed the amount of reasonable
attorney's fees incurred by the county in the action or proceeding.
   (d) If the owner fails to pay the costs of the abatement upon
demand by the county, the board of supervisors may order the cost of
the abatement and fines related to the nuisance abatement to be
specially assessed against the parcel. The assessment may be
collected at the same time and in the same manner as ordinary county
taxes are collected, and shall be subject to the same penalties and
the same procedure and sale in case of delinquency as are provided
for ordinary county taxes. All laws applicable to the levy,
collection, and enforcement of county taxes are applicable to the
special assessment.
   (e) If the board of supervisors specially assesses the cost of the
abatement against the parcel, the board also may cause a notice of
abatement lien to be recorded. The notice shall, at a minimum,
identify the record owner or possessor of property, set forth the
last known address of the record owner or possessor, set forth the
date upon which abatement of the nuisance was ordered by the board of
supervisors and the date the abatement was complete, and include a
description of the real property subject to the lien and the amount
of the abatement cost.
   (f) However, if the board of supervisors does not cause the
recordation of a notice of abatement lien pursuant to subdivision
(e), and any real property to which the costs of abatement relates
has been transferred or conveyed to a bona fide purchaser for value,
or a lien on a bona fide encumbrancer for value has been created and
attaches to that property, prior to the date on which the first
installment of county taxes would become delinquent, then the cost of
abatement shall not result in a lien against that real property but
shall be transferred to the unsecured roll for collection.
   (g) Recordation of a notice of abatement lien pursuant to
subdivision (e) has the same effect as recordation of an abstract of
a money judgment recorded pursuant to Article 2 (commencing with
Section 697.310) of Chapter 2 of Division 2 of Title 9 of Part 2 of
the Code of Civil Procedure. The lien created has the same priority
as a judgment lien on real property and continues in effect until
released. Upon order of the board of supervisors, or any county
officer authorized by the board of supervisors to act on its behalf,
an abatement lien created under this section may be released or
subordinated in the same manner as a judgment lien on real property
may be released or subordinated.
   (h) The board of supervisors may delegate the hearing required by
subdivision (a), prior to abatement of a public nuisance, to a
hearing board designated by the board of supervisors. The hearing
board shall make a written recommendation to the board of
supervisors. The board of supervisors may adopt the recommendation
without further notice of hearing, or may set the matter for a de
novo hearing before the board of supervisors.
   (i) The board of supervisors may, by ordinance, delegate to a
hearing officer appointed pursuant to Section 27720 the powers and
duties specified by this section.
   (j) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
  SEC. 2.  Section 25845 is added to the Government Code, to read:
   25845.  (a) The board of supervisors, by ordinance, may establish
a procedure for the abatement of a nuisance. The ordinance shall, at
a minimum, provide that the owner of the parcel, and anyone known to
the board of supervisors to be in possession of the parcel, be given
notice of the abatement proceeding and an opportunity to appear
before the board of supervisors and be heard prior to the abatement
of the nuisance by the county. However, nothing in this section
prohibits the summary abatement of a nuisance upon order of the board
of supervisors, or upon order of any other county officer authorized
by law to summarily abate nuisances, if the board or officer
determines that the nuisance constitutes an immediate threat to
public health or safety.
   (b) In any action to abate a nuisance, whether by administrative
proceedings, judicial proceedings, or summary abatement, the owner of
the parcel upon which the nuisance is found to exist shall be liable
for all costs of abatement incurred by the county, including, but
not limited to, administrative costs, and any and all costs incurred
in the physical abatement of the nuisance. Recovery of costs pursuant
to this section shall be in addition to and shall not limit any
prevailing party's right to recover costs pursuant to Sections 1032
and 1033.5 of the Code of Civil Procedure or any other provision of
law.
   (c) A county may, by ordinance, provide for the recovery of
attorneys' fees in any action, administrative proceeding, or special
proceeding to abate a nuisance. If the ordinance provides for the
recovery of attorneys' fees, it shall provide for recovery of
attorneys' fees by the prevailing party, rather than limiting
recovery of attorneys' fees to the county if it prevails. The
ordinance may limit recovery of attorneys' fees by the prevailing
party to those individual actions or proceedings in which the county
elects, at the initiation of that individual action or proceeding, to
seek recovery of its own attorneys' fees. In no action,
administrative proceeding, or special proceeding shall an award of
attorneys' fees to a prevailing party exceed the amount of reasonable
attorneys' fees incurred by the county in the action or proceeding.
   (d) If the owner fails to pay the costs of the abatement upon
demand by the county, the board of supervisors may order the cost of
the abatement to be specially assessed against the parcel. The
assessment may be collected at the same time and in the same manner
as ordinary county taxes are collected, and shall be subject to the
same penalties and the same procedure and sale in case of delinquency
as are provided for ordinary county taxes. All laws applicable to
the levy, collection, and enforcement of county taxes are applicable
to the special assessment.
   (e) If the board of supervisors specially assesses the cost of the
abatement against the parcel, the board also may cause a notice of
abatement lien to be recorded. The notice shall, at a minimum,
identify the record owner or possessor of property, set forth the
last known address of the record owner or possessor, set forth the
date upon which abatement of the nuisance was ordered by the board of
supervisors and the date the abatement was complete, and include a
description of the real property subject to the lien and the amount
of the abatement cost.
   (f) However, if the board of supervisors does not cause the
recordation of a notice of abatement lien pursuant to subdivision
(e), and any real property to which the costs of abatement relates
has been transferred or conveyed to a bona fide purchaser for value,
or a lien on a bona fide encumbrancer for value has been created and
attaches to that property, prior to the date on which the first
installment of county taxes would become delinquent, then the cost of
abatement shall not result in a lien against that real property but
shall be transferred to the unsecured roll for collection.
   (g) Recordation of a notice of abatement lien pursuant to
subdivision (e) has the same effect as recordation of an abstract of
a money judgment recorded pursuant to Article 2 (commencing with
Section 697.310) of Chapter 2 of Division 2 of Title 9 of Part 2 of
the Code of Civil Procedure. The lien created has the same priority
as a judgment lien on real property and continues in effect until
released. Upon order of the board of supervisors, or any county
officer authorized by the board of supervisors to act on its behalf,
an abatement lien created under this section may be released or
subordinated in the same manner as a judgment lien on real property
may be released or subordinated.
   (h) The board of supervisors may delegate the hearing required by
subdivision (a), prior to abatement of a public nuisance, to a
hearing board designated by the board of supervisors. The hearing
board shall make a written recommendation to the board of
supervisors. The board of supervisors may adopt the recommendation
without further notice of hearing, or may set the matter for a de
novo hearing before the board of supervisors.
   (i) The board of supervisors may, by ordinance, delegate to a
hearing officer appointed pursuant to Section 27720 the powers and
duties specified by this section.
   (j) This section shall become operative on January 1, 2014.
  SEC. 3.  Section 38773.1 of the Government Code is amended to read:

   38773.1.  (a) The legislative body may by ordinance establish a
procedure to collect abatement and related administrative costs and
fines by a nuisance abatement lien. This ordinance shall require
notice prior to the recordation of the lien to the owner of record of
the parcel of land on which the nuisance is maintained, based on the
last equalized assessment roll or the supplemental roll, whichever
is more current.
   (b) The notice shall be served in the same manner as summons in a
civil action in accordance with Article 3 (commencing with Section
415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil
Procedure. If the owner of record, after diligent search cannot be
found, the notice may be served by posting a copy thereof in a
conspicuous place upon the property for a period of 10 days and
publication thereof in a newspaper of general circulation published
in the county in which the property is located pursuant to Section
6062.
   (c) A nuisance abatement lien shall be recorded in the county
recorder's office in the county in which the parcel of land is
located and from the date of recording shall have the force, effect,
and priority of a judgment lien.
   (1) A nuisance abatement lien authorized by this section shall
specify the amount of the lien, the name of the agency on whose
behalf the lien is imposed, the date of the abatement order, the
street address, legal description and assessor's parcel number of the
parcel on which the lien is imposed, and the name and address of the
recorded owner of the parcel.
   (2) In the event that the lien is discharged, released, or
satisfied, either through payment or foreclosure, notice of the
discharge containing the information specified in paragraph (1) shall
be recorded by the governmental agency. A nuisance abatement lien
and the release of the lien shall be indexed in the grantor-grantee
index.
   (3) A nuisance abatement lien may be foreclosed by an action
brought by the city for a money judgment.
   (4) Notwithstanding Section 6103, Section 27383, or any other
provision of law, the county recorder may impose a fee on the city to
reimburse the costs of processing and recording the lien and
providing notice to the property owner. A city may recover from the
property owner any costs incurred regarding the processing and
recording of the lien and providing notice to the property owner as
part of its foreclosure action to enforce the lien.
   (d) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
  SEC. 4.  Section 38773.1 is added to the Government Code, to read:
   38773.1.  (a) The legislative body may by ordinance establish a
procedure to collect abatement and related administrative costs by a
nuisance abatement lien. This ordinance shall require notice prior to
the recordation of the lien to the owner of record of the parcel of
land or which the nuisance is maintained, based on the last equalized
assessment roll or the supplemental roll, whichever is more current.

   (b) The notice shall be served in the same manner as summons in a
civil action in accordance with Article 3 (commencing with Section
415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil
Procedure. If the owner of record, after diligent search cannot be
found, the notice may be served by posting a copy thereof in a
conspicuous place upon the property for a period of 10 days and
publication thereof in a newspaper of general circulation published
in the county in which the property is located pursuant to Section
6062.
   (c) A nuisance abatement lien shall be recorded in the county
recorder's office in the county in which the parcel of land is
located and from the date of recording shall have the force, effect,
and priority of a judgment lien.
   (1) A nuisance abatement lien authorized by this section shall
specify the amount of the lien, the name of the agency on whose
behalf the lien is imposed, the date of the abatement order, the
street address, legal description and assessor's parcel number of the
parcel on which the lien is imposed, and the name and address of the
recorded owner of the parcel.
   (2) In the event that the lien is discharged, released, or
satisfied, either through payment or foreclosure, notice of the
discharge containing the information specified in paragraph (1) shall
be recorded by the governmental agency. A nuisance abatement lien
and the release of the lien shall be indexed in the grantor-grantee
index.
   (3) A nuisance abatement lien may be foreclosed by an action
brought by the city for a money judgment.
   (4) Notwithstanding Section 6103, Section 27383, or any other
provision of law, the county recorder may impose a fee on the city to
reimburse the costs of processing and recording the lien and
providing notice to the property owner. A city may recover from the
property owner any costs incurred regarding the processing and
recording of the lien and providing notice to the property owner as
part of its foreclosure action to enforce the lien.
   (d) This section shall become operative on January 1, 2014.
  SEC. 5.  Section 38773.5 of the Government Code is amended to read:

   38773.5.  (a) As an alternative to the procedure authorized by
Section 38773.1, the legislative body may, by ordinance, establish a
procedure for the abatement of a nuisance and make the cost of
abatement, including fines, a special assessment against that parcel
of land on which the nuisance is maintained.
   (b) A city may, by ordinance, provide for the recovery of
attorneys' fees in any action, administrative proceeding, or special
proceeding to abate a nuisance. If the ordinance provides for the
recovery of attorneys' fees, it shall provide for recovery of
attorneys' fees by the prevailing party, rather than limiting
recovery of attorneys' fees to the city if it prevails. The ordinance
may limit recovery of attorneys' fees by the prevailing party to
those individual actions or proceedings in which the city elects, at
the initiation of that individual action or proceeding, to seek
recovery of its own attorneys' fees. In no action, administrative
proceeding, or special proceeding shall an award of attorneys' fees
to a prevailing party exceed the amount of reasonable attorneys' fees
incurred by the city in the action or proceeding.
   (c) Any procedure established pursuant to this section shall
include notice, by certified mail, to the property owner, if the
property owner's identity can be determined from the county assessor'
s or county recorder's records. The notice shall be given at the time
of imposing the assessment and shall specify that the property may
be sold after three years by the tax collector for unpaid delinquent
assessments. The tax collector's power of sale shall not be affected
by the failure of the property owner to receive notice. The
assessment may be collected at the same time and in the same manner
as ordinary municipal taxes are collected, and shall be subject to
the same penalties and the same procedure and sale in case of
delinquency as provided for ordinary municipal taxes. All laws
applicable to the levy, collection and enforcement of municipal taxes
shall be applicable to the special assessment. However, if any real
property to which the cost of abatement relates 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 the
taxes would become delinquent, then the cost of abatement shall not
result in a lien against the real property but instead shall be
transferred to the unsecured roll for collection.
   (d) A local agency that has imposed an assessment pursuant to this
section may, subject to the requirements applicable to the sale of
property pursuant to Section 3691 of the Revenue and Taxation Code,
conduct a sale of vacant residential developed property for which the
payment of that assessment is delinquent.
   (e) Notices or instruments relating to the abatement proceeding or
special assessment shall be entitled to recordation.
   (f) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
  SEC. 6.  Section 38773.5 is added to the Government Code, to read:
   38773.5.  (a) As an alternative to the procedure authorized by
Section 38773.1, the legislative body may by ordinance establish a
procedure for the abatement of a nuisance and make the cost of
abatement of a nuisance upon a parcel of land a special assessment
against that parcel.
   (b) A city may, by ordinance, provide for the recovery of
attorneys' fees in any action, administrative proceeding, or special
proceeding to abate a nuisance. If the ordinance provides for the
recovery of attorneys' fees, it shall provide for recovery of
attorneys' fees by the prevailing party, rather than limiting
recovery of attorneys' fees to the city if it prevails. The ordinance
may limit recovery of attorneys' fees by the prevailing party to
those individual actions or proceedings in which the city elects, at
the initiation of that individual action or proceeding, to seek
recovery of its own attorneys' fees. In no action, administrative
proceeding, or special proceeding shall an award of attorneys' fees
to a prevailing party exceed the amount of reasonable attorneys' fees
incurred by the city in the action or proceeding.
   (c) Any procedure established pursuant to this section shall
include notice, by certified mail, to the property owner, if the
property owner's identity can be determined from the county assessor'
s or county recorder's records. The notice shall be given at the time
of imposing the assessment and shall specify that the property may
be sold after three years by the tax collector for unpaid delinquent
assessments. The tax collector's power of sale shall not be affected
by the failure of the property owner to receive notice. The
assessment may be collected at the same time and in the same manner
as ordinary municipal taxes are collected, and shall be subject to
the same penalties and the same procedure and sale in case of
delinquency as provided for ordinary municipal taxes. All laws
applicable to the levy, collection and enforcement of municipal taxes
shall be applicable to the special assessment. However, if any real
property to which the cost of abatement relates 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 the
taxes would become delinquent, then the cost of abatement shall not
result in a lien against the real property but instead shall be
transferred to the unsecured roll for collection.
   (d) A local agency that has imposed an assessment pursuant to this
section may, subject to the requirements applicable to the sale of
property pursuant to Section 3691 of the Revenue and Taxation Code,
conduct a sale of vacant residential developed property for which the
payment of that assessment is delinquent.
   (e) Notices or instruments relating to the abatement proceeding or
special assessment shall be entitled to recordation.
   (f) This section shall become operative on January 1, 2014.