BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 1167
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          SENATE THIRD READING
          SB 1167 (Hueso)
          As Amended  March 26, 2014
          Majority vote

           SENATE VOTE  :37-0  
           
           HOUSING             6-0                                         
           
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          |Ayes:|Beth Gaines, Ammiano,     |     |                          |
          |     |Brown, Maienschein,       |     |                          |
          |     |Quirk-Silva, Yamada       |     |                          |
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           SUMMARY  :  Requires property owners to abate substandard building  
          conditions causing pest infestations, in addition to destroying  
          the pests.

           FISCAL EFFECT  :  None

           COMMENTS  :   

          Background:  Current law lists various conditions that, if  
          present in a residential building to an extent that there is a  
          danger to public health and safety, require that the building be  
          declared substandard.  These conditions include structural  
          hazards, unsafe wiring, faulty plumbing systems, and faulty  
          weather protection.  Inadequate sanitation is also one of these  
          conditions, which the law specifies includes, but is not limited  
          to, 15 different conditions.  One of those conditions is an  
          infestation of insects, vermin, or rodents.  

          SB 488 (Hueso), Chapter 89, Statutes of 2013, empowered local  
          code enforcement officers, if an agreement does not exist with  
          an agency that has a health officer, to determine an infestation  
          of insects, vermin, or rodents for purposes of deeming a  
          building to be substandard due to inadequate sanitation.  In  
          addition to identifying and citing substandard conditions, code  
          enforcement officers are authorized to require that a property  
          owner correct the violations.  If the owner fails to do so after  
          30 days' notice, or within a shorter notice period if the  
          enforcement agency deems it necessary to prevent or remedy an  
          immediate threat to the health and safety of the public, the  








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          enforcement agency must institute appropriate actions or  
          proceedings to prevent, restrain, correct, or abate the  
          violation.

          Similarly, state environmental health law requires a person who  
          possesses (i.e., owns or leases) any place that is infested with  
          rodents to endeavor to exterminate and destroy the rodents.  The  
          law allows the Department of Public Health (DPH) and local  
          health officers to inspect places for rodent infestation.  If  
          the possessor of the property fails to endeavor to exterminate  
          and destroy the rodents, DPH or the local health officer must  
          exterminate and destroy the rodents and may place a lien against  
          the property to recover its costs.  Independent of any  
          particular property, a city or county may also order and pay for  
          the extermination and destruction of rodents on both private and  
          public property.

          Purpose of the bill:  This bill requires building and health  
          inspectors responding to an infestation to order the abatement  
          of both the infestation and substandard building conditions that  
          are causing the infestation.  Existing law already gives  
          building inspectors the authority to cite any substandard  
          building condition causing the infestation, but this bill would  
          require it.  

          This bill also expands the authority and obligations of DPH and  
          local health officers to abate substandard conditions causing a  
          rodent infestation.  As such, this bill reduces the need for  
          multiple inspections to address a single problem.  
            
          According to the sponsors, "SB 1167 would ensure that those  
          cited for a pest infestation also address any substandard  
          housing conditions that contribute to the infestation by simply  
          aligning existing codes related to pest infestations and  
          habitability.  Addressing conditions that contribute to an  
          infestation will result in more effective long-term elimination  
          of pest infestation, healthier living conditions for residents,  
          and healthier communities."

          There is no opposition on file.


           Analysis Prepared by  :    Rebecca Rabovsky / H. & C.D. / (916)  
          319-2085 








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