Amended in Senate March 26, 2014

Senate Bill No. 1167

Introduced by Senator Hueso

February 20, 2014

An act to amend Sections 17980, 116125, 116130, 116135, 116140, and 116145 of the Health and Safety Code, relating to vector control.

LEGISLATIVE COUNSEL’S DIGEST

SB 1167, as amended, Hueso. Vector begin delete control: rodents. end delete begin insert control. end insert

(1) Existing law requires a person who possesses a place that is infested with rodents to immediately proceed and continue in good faith to exterminate and destroy the rodents. Existing law authorizes the State Department of Public Health, a county board of supervisors, or a governing board of a city to take specified actions, including purchasing poison, traps, and other materials, for the purpose of exterminating and destroying rodents.

This bill begin delete instead end delete would begin insert additionally end insert require begin delete that the rodents be eliminated and that remedial measures be taken to eliminate contributing end delete begin insert that person to abate specified end insert conditions begin insert that are causing the infestation end insert . The bill would begin insert also end insert authorize the department, the county board of supervisors, and the governing body of a city to begin delete take specified actions, including purchasing materials, to eliminate rodents and remediate contributing end delete begin insert abate specified end insert conditions begin insert that are causing the infestation end insert .

(2) Existing law requires the building department of every city or county to enforce within its jurisdiction all the provisions published in the State Building Standards Code and other housing standards. Existing law provides various methods of remediating building code and safety violations, including repair, rehabilitation, vacation, or demolition of the building.

This bill would require, begin delete where end delete begin insert whenever end insert the enforcement agency determines that begin delete the building is substandard due to an end delete begin insert there is an end insert infestation, as specified, that the begin delete agency order the owner of the building to remediate end delete begin insert enforcement agency’s abatement order include abatement of any other specified end insert conditions begin delete contributing to end delete begin insert that the agency determines to have caused end insert the infestation. begin delete The bill would also require that a proscribed notice be given to affected tenants when eradication is required. By requiring local building departments to perform additional duties, this bill would impose a state-mandated local program. end delete

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end delete begin delete

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete yes end delete begin insert no end insert . State-mandated local program:  begin delete yes end delete begin insert no end insert .

The people of the State of California do enact as follows:

SECTION 1.  

Section 17980 of the Health and Safety Code is
amended to read:

17980.  

(a) If a building is constructed, altered, converted, or
maintained in violation of any provision of, or in violation of any
order or notice that gives a reasonable time to correct that violation
issued by an enforcement agency pursuant to this part, the building
standards published in the California Building Standards Code, or
other rules and regulations adopted pursuant to this part, or if a
nuisance exists in a building or upon the lot on which it is situated,
the enforcement agency shall, after 30 days’ notice to abate the
nuisance or violation, or a notice to abate with a shorter period of
time if deemed necessary by the enforcement agency to prevent
or remedy an immediate threat to the health and safety of the public
or occupants of the structure, institute appropriate action or
proceeding to prevent, restrain, correct, or abate the violation or
nuisance. Notwithstanding the above, if a person has purchased
and is in the process of diligently abating any violation at a
residential property that had been foreclosed on or after January
1, 2008, an enforcement agency shall not commence an action or
proceeding until at least 60 days after the person takes title to the
property, unless a shorter period of time is deemed necessary by
the enforcement agency, in its sole discretion, to prevent or remedy
an immediate threat to the health and safety of the neighboring
community, public, or occupants of the structure.

(b) If an entity releases a lien securing a deed of trust or
mortgage on a property for which a notice of pendency of action,
as defined in Section 405.2 of the Code of Civil Procedure, has
been recorded against the property by an enforcement agency
pursuant to subdivision (a) of Section 17985 of the Health and
Safety Code or Section 405.7 or 405.20 of the Code of Civil
Procedure, it shall notify in writing the enforcement agency that
issued the order or notice within 30 days of releasing the lien.

(c) (1) Whenever the enforcement agency has inspected or
caused to be inspected a building and has determined that the
building is a substandard building or a building described in Section
17920.10, the enforcement agency shall commence proceedings
to abate the violation by repair, rehabilitation, vacation, or
demolition of the building. The enforcement agency shall not
require the vacating of a residential building unless it concurrently
requires expeditious demolition or repair to comply with this part,
the building standards published in the California Building
Standards Code, or other rules and regulations adopted pursuant
to this part. The owner shall have the choice of repairing or
demolishing. However, if the owner chooses to repair, the
enforcement agency shall require that the building be brought into
compliance according to a reasonable and feasible schedule for
expeditious repair. The enforcement agency may require vacation
and demolition or may itself vacate the building, repair, demolish,
or institute any other appropriate action or proceeding, if any of
the following occur:

(A) The repair work is not done within the period required by
the notice.

(B) The owner does not make a timely choice of repair or
demolition.

(C) The owner selects an option which cannot be completed
within a reasonable period of time, as determined by the
enforcement agency, for any reason, including, but not limited to,
an outstanding judicial or administrative order.

(2) In deciding whether to require vacation of the building or
to repair as necessary, the enforcement agency shall give preference
to the repair of the building whenever it is economically feasible
to do so without having to repair more than 75 percent of the
dwelling, as determined by the enforcement agency, and shall give
full consideration to the needs for housing as expressed in the local
jurisdiction’s housing element.

(d) (1) Notwithstanding subdivision (c) and notwithstanding
local ordinances, tenants in a residential building shall be provided
copies of any of the following:

(A) The notice of a violation described in subdivision (a) that
affects the health and safety of the occupants and that causes the
building to be substandard pursuant to Section 17920.3 or in
violation of Section 17920.10.

(B) An order of the code enforcement agency issued after
inspection of the premises declaring the dwelling to be in violation
of a provision described in subdivision (a).

(C) The enforcement agency’s decision to repair or demolish.

(D) The issuance of a building or demolition permit following
the abatement order of an enforcement agency.

(2) Each document provided pursuant to paragraph (1) shall be
provided to each affected residential unit by the enforcement
agency that issued the order or notice, in the manner prescribed
by subdivision (a) of Section 17980.6.

(e) All notices issued by the enforcement agency to correct
violations or to abate nuisances shall contain a provision notifying
the owner that, in accordance with Sections 17274 and 24436.5
of the Revenue and Taxation Code, a tax deduction may not be
allowed for interest, taxes, depreciation, or amortization paid or
incurred in the taxable year.

(f) The enforcement agency may charge the owner of the
building for its postage or mileage cost for sending or posting the
notices required to be given by this section.

(g)  begin delete Where end delete begin insert If end insert the enforcement agency determines that begin delete the
building is substandard due to an end delete begin insert there is an end insert infestation pursuant
to paragraph (12) of subdivision (a) of Section 17920.3 or Section
begin delete 116125, in addition to any orders pursuant to this part, the agency
shall order that the owner of the building remediate conditions
contributing to the infestation, including substandard characteristics
pursuant to subdivision (a) of Section 1941.1 of the Civil Code. end delete
begin insert 116130, the enforcement agency’s abatement order shall require
the abatement of any other conditions listed in Section 17920.3
that the enforcement agency determines to have caused the
infestation. end insert

begin delete

(h) Where an order requires eradication of an infestation, the
order shall be accompanied by a written notice to the affected
tenant that contains, in nontechnical language and in a clear and
coherent manner, the following statements and information:

(1) The pest to be controlled.

(2) The pesticide product proposed to be used.

(3)  The telephone number of the local poison control center
immediately following this statement:

“If within 24 hours following application you experience
symptoms similar to common seasonal illness, including symptoms
comparable to influenza, you should contact your physician or
poison control center.”

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SEC. 2.  

Section 116125 of the Health and Safety Code is
amended to read:

116125.  

Every person possessing a place that is infested with
rodents, as soon as their presence comes to his or her knowledge,
shall at once proceed and continue in good faith to endeavor to
begin delete eliminate end delete begin insert exterminate and destroy end insert the rodents begin insert , by poisoning,
trapping, and other appropriate means, end insert and begin delete remediate end delete begin insert to abate end insert
begin insert the end insert conditions begin delete contributing to infestation, including substandard
characteristics pursuant to subdivision (a) of Section 1941.1 of the
Civil Code. end delete begin insert listed in Section 17920.3 that end insert begin insert are causing the
infestation. end insert

SEC. 3.  

Section 116130 of the Health and Safety Code is
amended to read:

116130.  

The department, the board of supervisors of each
county, local health officers, or inspectors appointed by any of
them, as provided in this article and Chapter 3 (commencing with
Section 116250), may inspect a place for the purpose of
ascertaining whether it is infested with rodents and whether the
requirements of this article and Chapter 3 (commencing with
Section 116250) as to begin delete the elimination of the rodents end delete begin insert their
extermination and destruction, end insert and the begin delete remediation of contributing end delete
begin insert abatement of the end insert conditions begin insert listed in Section 17920.3 that are
causing the infestation end insert are being complied with. However, no
building occupied as a dwelling, hotel, or rooming house, shall be
entered for inspection purposes except between the hours of 9 a.m.,
and 5 p.m.

SEC. 4.  

Section 116135 of the Health and Safety Code is
amended to read:

116135.  

The board of supervisors of each county and the
governing body of each city, whenever it may by resolution
determine that it is necessary for the preservation of the public
health or to prevent the spread of contagious or infectious disease,
communicable to mankind, or when it determines that it is
necessary to prevent great and irreparable damage to crops or other
property, may appropriate money for the purchase of, and may
purchase, begin insert poison, traps, and other end insert materials for the purpose of
begin delete eliminating end delete begin insert exterminating and destroying end insert rodents and begin delete remediating
contributing end delete begin insert abating the end insert conditions begin insert listed in Section 17920.3 that
are causing the infestation end insert in that county or city, and may employ
and pay inspectors, who shall prosecute the work of begin delete elimination
and remediation end delete begin insert extermination, destruction, and abatement end insert on
both private and public property in the county or city.

SEC. 5.  

Section 116140 of the Health and Safety Code is
amended to read:

116140.  

Whenever a person possessing a place that is infested
with rodents, fails, neglects, or refuses to proceed and to continue
to endeavor to begin delete eliminate end delete begin insert exterminate and destroy end insert the rodents and
begin delete remediate the contributing conditions, end delete begin insert abate the conditions listed
in Section 17920.3 that are causing the infestation, end insert as required in
this article and Chapter 3 (commencing with Section 116250), the
department and its inspectors, the county board of supervisors and
its inspectors, and the local health officer, shall at once cause the
rodents to be begin delete eliminated end delete begin insert exterminated and destroyed end insert and
begin delete contributing end delete begin insert the end insert conditions begin insert listed in Section 17920.3 that are
causing the infestation end insert to be begin delete remedied end delete begin insert abated end insert .

SEC. 6.  

Section 116145 of the Health and Safety Code is
amended to read:

116145.  

The expense of begin delete eliminating end delete begin insert exterminating and
destroying end insert the rodents and begin delete remediating contributing end delete begin insert abating the end insert
conditions begin insert listed in Section 17920.3 that are causing the infestation end insert
is a charge against the county or city in which the work is done,
and the board of supervisors or other governing body shall allow
and pay it.

begin delete

SEC. 7.  

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

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