BILL ANALYSIS �
AB 1513
Page 1
Date of Hearing: May 14, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 1513 (Fox) - As Amended: May 6, 2014
Policy Committee: JudiciaryVote:9-1
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill, until January 1, 2018, establishes a pilot program in
the Cities of Lancaster and Palmdale to facilitate enforcement
of criminal trespassing laws. Specifically, this bill:
1) Authorizes the owner of vacant real property, or his
agent, to register vacant property with the local police
agency using a specified form, signed under penalty of
perjury and declaring that the property is vacant and not
authorized to be occupied by any person.
2) Requires the registration to include contact information
for the owner and a statement that either the police agency
or a licensed private security services company has been
retained to comply with specified inspection and reporting
provisions.
3) Requires the property to be inspected per (2) not less
than once every three days, and that the police agency be
notified immediately if any unauthorized person is found on
the property.
4) Provides that the local city council or board of
supervisors shall establish fees for registering a vacant
property with the local police agency and for the conduct
of inspections by the police agency pursuant to this bill.
5) Specifies the actions the police agency is to take upon
receiving notification per (3), including notifying the
person found on the property that they are subject to
arrest after 48 hours if the person does not receive
authorization from the owner to be on the property.
AB 1513
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6) Provides that any person found on vacant property not
less than forty-eight hours after receiving the above
warning notification is guilty of trespass and, upon
conviction, is subject to imprisonment in a county jail not
exceeding one year, or by a fine not exceeding one thousand
dollars ($1,000), or both.
7) Stipulates that the above pilot program only applies to
residences of one to four units in the two cities.
FISCAL EFFECT
1)The costs for the two cities in the pilot program to process
registrations and to conduct inspections, when so requested by
a property owner, should be covered by the fees authorized in
the bill. To establish the program and the registration
system, each city might incur some start-up costs, which would
be state reimbursable but should be minor.
2)Both cities will incur non-reimbursable costs for enforcement,
offset to some extent by fine revenues.
COMMENTS
1) Purpose . According to the author, "Unlawful Detainer
laws are not specifically designed to provide law
enforcement officials the tools they need to assist owners
of residential real property in their efforts to remove, or
prevent occupancy by squatters on vacant properties. It is
clear that under California law it can take a minimum of
30-60 days to evict a sophisticated squatter."
The bill outlines a pilot project in Lancaster and Palmdale to
allow property owners to declare property to be vacant,
register it with local law enforcement, and gain greater
certainty that any subsequent trespasser upon the property
will be subject to arrest for trespassing, so long as regular
inspection of the property at three day intervals has
confirmed it to be vacant since the date of registration.
The program is intended to provide a means to deter squatting
at an early stage and to provide a second chance for squatters
to vacate the premises in lieu of arrest, and is not intended
to be an abridgment of other statutes relating to trespass or
AB 1513
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civil eviction proceedings. It is believed that the threat of
arrest for trespassing on a property registered under this
program (and so noticed on the property itself) will serve as
a deterrent to those persons who the author and sponsor
believe to be sophisticated squatters targeting vacant
properties.
The bill is sponsored by the California Association of
Realtors and supported by the California Police Chiefs
Association.
2) Opposition . The bill is opposed by a number of tenant
advocate groups, who contend that the bill compromises
established due process protections for persons occupying
property who may be trespassers but who just as easily may
be legitimately entitled to possession of the premises.
Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081