BILL NUMBER: AB 2613	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Saldana

                        FEBRUARY 19, 2010

   An act to amend Section 53069.4 of the Government Code, relating
to local government.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2613, as introduced, Saldana. Local government: fines and
penalties: assessments.
   Existing law authorizes the legislative body of a local agency to
make any violation of any ordinance enacted by the local agency
subject to an administrative fine or penalty, as specified.
   This bill would authorize a local agency to, after notice and
public hearing, specially assess any fines or penalties not paid
after demand by the local agency against real property owned by the
person owing those fines or penalties. The bill would provide that
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, and would
authorize the local agency to record a lien against the property.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 53069.4 of the Government Code is amended to
read:
   53069.4.  (a) (1) The legislative body of a local agency, as the
term "local agency" is defined in Section 54951, may by ordinance
make any violation of any ordinance enacted by the local agency
subject to an administrative fine or penalty. The local agency shall
set forth by ordinance the administrative procedures that shall
govern the imposition, enforcement, collection, and administrative
review by the local agency of those administrative fines or
penalties. Where the violation would otherwise be an infraction, the
administrative fine or penalty shall not exceed the maximum fine or
penalty amounts for infractions set forth in subdivision (b) of
Section 25132 and subdivision (b) of Section 36900.
   (2) The administrative procedures set forth by ordinance adopted
by the local agency pursuant to paragraph (1) shall provide for a
reasonable period of time, as specified in the ordinance, for a
person responsible for a continuing violation to correct or otherwise
remedy the violation prior to the imposition of administrative fines
or penalties, when the violation pertains to building, plumbing,
electrical, or other similar structural or zoning issues, that do not
create an immediate danger to health or safety. 
   (3) (A) If the owner of real property fails to pay the fines or
penalties upon demand by the local agency, the local agency may,
after notice and public hearing, order the fines or penalties 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.  
   (B) If the local agency specially assesses the cost of the
abatement against the parcel, the agency 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 assessment was ordered by the local agency, and
include a description of the real property subject to the lien and
the amount of the lien.  
   (C) If the local agency does not cause the recordation of a notice
of lien pursuant to subdivision (B), and any real property on which
the assessment has been imposed 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 assessment shall not result in a lien against
that real property but shall be transferred to the unsecured roll for
collection.  
   (D) Recordation of a notice of abatement lien pursuant to
subparagraph (B) 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 local agency, or any officer authorized
by the local agency 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.

   (b) (1) Notwithstanding the provisions of Section 1094.5 or 1094.6
of the Code of Civil Procedure, within 20 days after service of the
final administrative order or decision of the local agency is made
pursuant to an ordinance enacted in accordance with this section
regarding the imposition, enforcement or collection of the
administrative fines or penalties, a person contesting that final
administrative order or decision may seek review by filing an appeal
to be heard by the superior court, where the same shall be heard de
novo, except that the contents of the local agency's file in the case
shall be received in evidence. A proceeding under this subdivision
is a limited civil case. A copy of the document or instrument of the
local agency providing notice of the violation and imposition of the
administrative fine or penalty shall be admitted into evidence as
prima facie evidence of the facts stated therein. A copy of the
notice of appeal shall be served in person or by first-class mail
upon the local agency by the contestant.
   (2) The fee for filing the notice of appeal shall be as specified
in Section 70615. The court shall request that the local agency's
file on the case be forwarded to the court, to be received within 15
days of the request. The court shall retain the fee specified in
Section 70615 regardless of the outcome of the appeal. If the court
finds in favor of the contestant, the amount of the fee shall be
reimbursed to the contestant by the local agency. Any deposit of the
fine or penalty shall be refunded by the local agency in accordance
with the judgment of the court.
   (3) The conduct of the appeal under this section is a subordinate
judicial duty that may be performed by traffic trial commissioners
and other subordinate judicial officials at the direction of the
presiding judge of the court.
   (c) If no notice of appeal of the local agency's final
administrative order or decision is filed within the period set forth
in this section, the order or decision shall be deemed confirmed.
   (d) If the fine or penalty has not been deposited and the decision
of the court is against the contestant, the local agency may proceed
to collect the penalty pursuant to the procedures set forth in its
ordinance.