BILL NUMBER: AB 2613	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 7, 2010

INTRODUCED BY   Assembly Member  Saldana   Beall


                        FEBRUARY 19, 2010

   An act to amend  Section   Sections 25845 and
 53069.4 of the Government Code, relating to local government.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2613, as amended,  Saldana   Beall  .
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.
 This bill would authorize a local agency to appoint a hearing
officer   to hear and decide issues regarding ordinance
violations and the imposition of administrative fines and penalties.
 
   Existing law authorizes a board of supervisors to delegate its
powers and duties to establish a nuisance abatement procedure to a
hearing officer appointed pursuant to specific statutory requirements
regarding a county office of county hearing officer.  
   This bill would authorize a board of supervisors, with respect to
nuisance abatement procedures, to appoint a hearing officer without
complying with existing statutory requirements regarding county
hearing officer. 
   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 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, 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'   attorney's  fees in any
action, administrative proceeding, or special proceeding to abate a
nuisance. If the ordinance provides for the recovery of 
attorneys'   attorney's  fees, it shall provide for
recovery of  attorneys'   attorney's  fees
by the prevailing party, rather than limiting recovery of 
attorneys'   attorney's  fees to the county if it
prevails. The ordinance may limit recovery of  attorneys'
  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  attorneys'   attorney's  fees.
In no action, administrative proceeding, or special proceeding shall
an award of  attorneys'   attorney's  fees
to a prevailing party exceed the amount of reasonable 
attorneys'   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 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   Notwithstanding Chapter 14 
 (commencing with Section 27720) of Part 3 of Division 1 of Title
3, the  board of supervisors may, by ordinance, delegate 
the powers and duties specified by this section  to  a
  one or more  hearing  officer appointed
pursuant to Section 27720 the powers and duties specified by this
section.   officers. 
   SECTION 1.   SEC. 2.   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)  (A)    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.

   (B) Notwithstanding Chapter 14 (commencing with Section 27720) of
Part 3 of Division 1 of Title 3, the administrative procedures
adopted by ordinance pursuant to paragraph (1) may authorize the
appointment of one or more hearing officers to hear and decide issues
regarding ordinance violations and the imposition of administrative
fines or penalties.  
   (C) A local agency may, by ordinance, combine the administrative
procedures adopted pursuant to paragraph (1) with nuisance abatement
procedures adopted by ordinance pursuant to Section 25845. 
   (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.