SB 1415: Housing.
- Session Year: 2017-2018
- House: Senate
- Latest Version Date: 2018-09-04
(1)Existing law requires the State Fire Marshal, the chief of any city, county, or city and county fire department or district providing fire protection services, or a Designated Campus Fire Marshal, and their authorized representatives, to enforce in their respective areas building standards relating to fire and panic safety adopted by the State Fire Marshal and published in the California Building Standards Code, and other regulations that have been formally adopted by the State Fire Marshal for the prevention of fire or for the protection of life and property against fire or panic. Existing law also authorizes a city, county, or city and county fire department or fire protection district to adopt more stringent or restrictive regulations.
Existing law requires the State Fire Marshal or local fire enforcement agencies, as specified, to annually or biennially inspect, or to inspect with a different provided frequency, certain categories of structures for the purpose of enforcing building standards and other regulations of the State Fire Marshal, as specified. Existing law, in some cases, authorizes the assessment and collection of a fee to recover the costs of these inspections or related fire and life safety activities.
This bill would, until January 1, 2029, require each entity responsible for enforcing building standards and other regulations of the State Fire Marshal, as specified, to inspect, every 5 years, all privately owned structures within the entitys responsibility that are in the Storage Group S occupancy classifications, as described, for compliance with those standards and regulations, or, if applicable, more stringent or restrictive local regulations, unless the structure meets any of 4 specified criteria. The bill would authorize an entity that inspects a structure pursuant to these provisions to charge and collect a fee from the owner of the structure to recover the costs of the inspection or related fire and life safety activities, including reporting to the State Fire Marshal as described below.
The bill would require a local agency, as defined, that is responsible for enforcing building standards and other regulations of the State Fire Marshal, as specified, to submit to the State Fire Marshal an annual report containing information on the total number of structures within the local agencys responsibility, categorized by occupancy classification, as defined, and required frequency of inspection, as defined, pursuant to state or local law or regulation, and the number of those structures that are overdue for inspection.
By imposing new inspection and reporting requirements on local entities, this bill would impose a state-mandated local program.
(2)Existing law, the State Housing Law, establishes statewide construction and occupancy standards for buildings used for human habitation. Existing law requires, for those purposes, that any building, including any dwelling unit, be deemed to be a substandard building when a health officer determines that any one of specified listed conditions exists to the extent that it endangers the life, limb, health, property, safety, or welfare of the public or its occupants.
This bill would instead specify that a building be deemed a substandard building when a health officer determines that any of those listed conditions exist to the extent that it endangers the life, limb, health, property, safety, or welfare of the occupants of the building, nearby residents, or the public. The bill would clarify that the term substandard building for purposes of the State Housing Law means a residential building or any other building that is deemed to be substandard pursuant to the provisions described above, and would clarify that standard applies regardless of the zoning designation or approved use of the building. The bill would make conforming changes to this effect.
(3)The State Housing Law provides for relocation assistance to a tenant displaced from a residential rental unit as a result of an order to vacate by a local enforcement agency under specified conditions.
This bill would define the term residential rental unit for those purposes to mean any unit rented for human habitation that is located in a building that is deemed or found to be a substandard building.
(4)The State Housing Law requires the housing or building department or, if there is no building department, the health department, of every city or county or a specified environmental agency to enforce within its jurisdiction all of the State Housing Law, the building standards published in the California Building Standards Code, and other specified rules and regulations. If there is a violation of these provisions or any order or notice that gives a reasonable time to correct that violation, or if a nuisance exists, an enforcement agency is required, after 30 days notice to abate the nuisance, to institute appropriate action or proceeding to prevent, restrain, correct, or abate the violation or nuisance. Existing law requires an enforcement agency to provide copies of specified notices of violations to tenants residing in a residential building, and requires an order or notice to repair or abate a violation that results in a substantial endangerment of the health and safety of residents or the public to include specified information. Existing administrative law requires notices under the State Housing Law to state the conditions causing the building to become substandard or in violation of specified requirements, and requires the enforcement agency to post conspicuously at least one copy of the notice on the building alleged to have become substandard. Existing law authorizes the enforcement agency to charge the owner of the building for its postage or mileage cost for sending or posting the notices.
This bill would state that violations of municipal codes and municipal building and fire codes are included within these provisions. The bill would require an enforcement agency to post conspicuously at least one copy of specified documents relating to violations of these provisions on the building. The bill would authorize the enforcement agency to charge the owner of the building for its staff time for sending or posting the notices in addition to the postage and mileage costs. The bill would require an enforcement agency that issues a notice to correct a violation or to abate a nuisance pursuant to these provisions to include in that notice specified information related to what provisions were alleged to have been violated and what the owner is required to do to correct or abate those violations, unless the enforcement agency concludes that the time needed to include that information would prevent the agency from acting in time to prevent or remedy an immediate threat to the health and safety of the occupants of the building, nearby residents, or the public. The bill would define the term petition for those purposes to include a complaint.
(5)The State Housing Law authorizes the enforcement agency, a tenant, or tenant association or organization to seek, and the court to order, the appointment of a receiver for the substandard building if the owner of a property with substandard conditions fails to comply within a reasonable time period with the terms of a specified order or notice to repair or abate a violation that results in a substantial endangerment of the health and safety of residents or the public.
This bill would, instead, require a court to order the appointment of a receiver pursuant to those provisions if the owner fails to comply within a reasonable time period with the terms of a specified order or notice to repair or abate a violation that results in a substantial endangerment of the health and safety of the occupants of the building, nearby residents, or the public, unless there is clear and convincing evidence to the contrary.
(6)Under the State Housing Law, a person who obtains an ownership interest in property after the recording of a notice of pendency of an action or proceeding brought pursuant to the State Housing Law with respect to the property or a notice of a violation of that law, and if there is no withdrawal or expungement of the notice, is subject to the order to correct a violation and any other recorded notice of a violation of the State Housing Law.
This bill would specify that a person described above is subject to any costs and fees of any receiver appointed or enforcement agency, as applicable.
(7)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.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)Existing law requires the State Fire Marshal, the chief of any city, county, or city and county fire department or district providing fire protection services, or a Designated Campus Fire Marshal, and their authorized representatives, to enforce in their respective areas building standards relating to fire and panic safety adopted by the State Fire Marshal and published in the California Building Standards Code, and other regulations that have been formally adopted by the State Fire Marshal for the prevention of fire or for the protection of life and property against fire or panic. Existing law also authorizes a city, county, or city and county fire department or fire protection district to adopt more stringent or restrictive regulations.
Existing law requires the State Fire Marshal or local fire enforcement agencies, as specified, to annually or biennially inspect, or to inspect with a different provided frequency, certain categories of structures for the purpose of enforcing building standards and other regulations of the State Fire Marshal, as specified. Existing law, in some cases, authorizes the assessment and collection of a fee to recover the costs of these inspections or related fire and life safety activities.
This bill would would, until January 1, 2029, require each entity responsible for enforcing building standards and other regulations of the State Fire Marshal, as specified, to inspect, every 5 years, all privately owned structures within the entitys responsibility that are in the Factory Industrial Group F, High-Hazard Group H, and Storage Group S occupancy classifications, as described, for compliance with those standards and regulations, or, if applicable, more stringent or restrictive local regulations. regulations, unless the structure meets any of 4 specified criteria. The bill would authorize an entity that inspects a structure pursuant to these provisions to charge and collect a fee from the owner of the structure to recover the costs of the inspection or related fire and life safety activities. activities, including reporting to the State Fire Marshal as described below.
The bill would require a local agency, as defined, that is responsible for enforcing building standards and other regulations of the State Fire Marshal, as specified, to submit to the State Fire Marshal an annual report containing information on the total number of structures within the local agencys responsibility, categorized by occupancy classification, as defined, and required frequency of inspection, as defined, pursuant to state or local law or regulation, and the number of those structures that are overdue for inspection.
By imposing new inspection and reporting requirements on local entities, this bill would impose a state-mandated local program.
(2)Existing law, the State Housing Law, establishes statewide construction and occupancy standards for buildings used for human habitation. Existing law requires, for those purposes, that any building, including any dwelling unit, be deemed to be a substandard building when a health officer determines that any one of specified listed conditions exists to the extent that it endangers the life, limb, health, property, safety, or welfare of the public or its occupants.
This bill would instead specify that a building be deemed a substandard building when a health officer determines that any of those listed conditions exist to the extent that it endangers the life, limb, health, property, safety, or welfare of the occupants of the building, nearby residents, or the public. The bill would clarify that the term substandard building for purposes of the State Housing Law means a residential building or any other building that is deemed to be substandard pursuant to the provisions described above, and would clarify that standard applies regardless of the zoning designation or approved use of the building. The bill would make conforming changes to this effect.
(3)The State Housing Law provides for relocation assistance to a tenant displaced from a residential rental unit as a result of an order to vacate by a local enforcement agency under specified conditions.
This bill would define the term residential rental unit for those purposes to mean any unit rented for human habitation that is located in a building that is deemed or found to be a substandard building.
(4)The State Housing Law requires the housing or building department or, if there is no building department, the health department, of every city or county or a specified environmental agency to enforce within its jurisdiction all of the State Housing Law, the building standards published in the California Building Standards Code, and other specified rules and regulations. If there is a violation of these provisions or any order or notice that gives a reasonable time to correct that violation, or if a nuisance exists, an enforcement agency is required, after 30 days notice to abate the nuisance, to institute appropriate action or proceeding to prevent, restrain, correct, or abate the violation or nuisance. Existing law requires an enforcement agency to provide copies of specified notices of violations to tenants residing in a residential building, and requires an order or notice to repair or abate a violation that results in a substantial endangerment of the health and safety of residents or the public to include specified information. Existing administrative law requires notices under the State Housing Law to state the conditions causing the building to become substandard or in violation of specified requirements, and requires the enforcement agency to post conspicuously at least one copy of the notice on the building alleged to have become substandard. Existing law authorizes the enforcement agency to charge the owner of the building for its postage or mileage cost for sending or posting the notices.
This bill would state that violations of municipal codes and municipal building and fire codes are included within these provisions. The bill would require an enforcement agency to post conspicuously at least one copy of specified documents relating to violations of these provisions on the building. The bill would authorize the enforcement agency to charge the owner of the building for its staff time for sending or posting the notices in addition to the postage and mileage costs. The bill would require an enforcement agency that issues a notice to correct a violation or to abate a nuisance pursuant to these provisions to include in that notice specified information related to what provisions were alleged to have been violated and what the owner is required to do to correct or abate those violations, unless the enforcement agency concludes that the time needed to include that information would prevent the agency from acting in time to prevent or remedy an immediate threat to the health and safety of the occupants of the building, nearby residents, or the public, and would require the enforcement agency that does so to revise the notice within 10 calendar days. public. The bill would define the term petition for those purposes to include a complaint.
(5)The State Housing Law authorizes the enforcement agency, a tenant, or tenant association or organization to seek, and the court to order, the appointment of a receiver for the substandard building if the owner of a property with substandard conditions fails to comply within a reasonable time period with the terms of a specified order or notice to repair or abate a violation that results in a substantial endangerment of the health and safety of residents or the public.
This bill would, instead, require a court to order the appointment of a receiver pursuant to those provisions if the owner fails to comply within a reasonable time period with the terms of a specified order or notice to repair or abate a violation that results in a substantial endangerment of the health and safety of the occupants of the building, nearby residents, or the public, unless there is clear and convincing evidence to the contrary.
(6)Under the State Housing Law, a person who obtains an ownership interest in property after the recording of a notice of pendency of an action or proceeding brought pursuant to the State Housing Law with respect to the property or a notice of a violation of that law, and if there is no withdrawal or expungement of the notice, is subject to the order to correct a violation and any other recorded notice of a violation of the State Housing Law.
This bill would specify that a person described above is subject to any costs and fees of any receiver appointed or enforcement agency, as applicable.
(7)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.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)Existing law requires the State Fire Marshal, the chief of any city, county, or city and county fire department or district providing fire protection services, or a Designated Campus Fire Marshal, and their authorized representatives, to enforce in their respective areas building standards relating to fire and panic safety adopted by the State Fire Marshal and published in the California Building Standards Code Code, and other regulations that have been formally adopted by the State Fire Marshal for the prevention of fire or for the protection of life and property against fire or panic. Existing law also authorizes a city, county, or city and county fire department or fire protection district to adopt more stringent or restrictive regulations.
Existing law requires the State Fire Marshal or local fire enforcement agencies, as specified, to annually or biennially inspect, or to inspect with a different provided frequency, certain categories of structures for the purpose of enforcing building standards and other regulations of the State Fire Marshal, as specified. Existing law, in some cases, authorizes the assessment and collection of a fee to recover the costs of these inspections or related fire and life safety activities.
This bill would require each entity responsible for enforcing building standards and other regulations of the State Fire Marshal, as specified, to inspect, every 5 years, all structures within the entitys responsibility that are in the Factory Industrial Group F, High-Hazard Group H, and Storage Group S occupancy classifications, as described, for compliance with those standards and regulations, or, if applicable, more stringent or restrictive local regulations. The bill would authorize an entity that inspects a structure pursuant to these provisions to charge and collect a fee from the owner of the structure to recover the costs of the inspection or related fire and life safety activities.
The bill would require a local agency, as defined, that is responsible for enforcing building standards and other regulations of the State Fire Marshal, as specified, to submit to the State Fire Marshal an annual report containing information on the total number of structures within the local agencys responsibility, categorized by occupancy classification, as defined, and required frequency of inspection, as defined, pursuant to state or local law or regulation, and the number of those structures that are overdue for inspection.
By imposing new inspection and reporting requirements on local entities, this bill would impose a state-mandated local program.
(2)Existing law, the State Housing Law, establishes statewide construction and occupancy standards for buildings used for human habitation. Existing law requires, for those purposes, that any building, including any dwelling unit, be deemed to be a substandard building when a health officer determines that, among other things, an infestation of insects, vermin, or rodents that any one of specified listed conditions exists to the extent that it endangers the life, limb, health, property, safety, or welfare of the public or its occupants, or there is a lack of adequate garbage and rubbish storage and removal facilities. occupants.
This bill would instead specify that a building be deemed a substandard building when a health officer determines that any of those listed conditions exist to the extent that it endangers the life, limb, health, property, safety, or welfare of the occupants of the building, nearby residents, or the public. The bill would clarify that the term substandard building for purposes of the State Housing Law means a residential building or any other building that is deemed to be substandard pursuant to the provisions described above, and would clarify that standard applies regardless of the zoning designation or approved use of the building. The bill would make conforming changes to this effect.
(3)The State Housing Law provides for relocation assistance to a tenant displaced from a residential rental unit as a result of an order to vacate by a local enforcement agency under specified conditions.
This bill would define the term residential rental unit for those purposes to mean any unit rented by a tenant for human habitation that is located in a building that is deemed or found to be a substandard building.
(4)The State Housing Law requires the housing or building department or, if there is no building department, the health department, of every city or county or a specified environmental agency to enforce within its jurisdiction all of the State Housing Law, the building standards published in the California Building Standards Code, and other specified rules and regulations. If there is a violation of these provisions or any order or notice that gives a reasonable time to correct that violation, or if a nuisance exists, an enforcement agency is required, after 30 days notice to abate the nuisance, to institute appropriate action or proceeding to prevent, restrain, correct, or abate the violation or nuisance. Existing law requires an enforcement agency to provide copies of specified notices of violations to tenants residing in a residential building, and requires an order or notice to repair or abate a violation that results in a substantial endangerment of the health and safety of residents or the public to include specified information. Existing administrative law requires notices under the State Housing Law to state the conditions causing the building to become substandard or in violation of specified requirements, and to post conspicuously at least one copy of the notice on the building alleged to have become substandard.
This bill would state that violations of municipal codes and municipal building and fire codes are included within these provisions. The bill would require an enforcement agency to post conspicuously at least one copy of specified documents relating to violations of these provisions on the building. The bill would require an enforcement agency that issues a notice to correct a violation or to abate a nuisance pursuant to these provisions to include in that notice specified information related to what provisions were alleged to have been violated and what the owner is required to do to correct or abate those violations. The bill would authorize an enforcement agency to not include that information in a notice if violations, unless the enforcement agency concludes that including the time needed to include that information would prevent the agency from acting in time to prevent or remedy an immediate threat to the health and safety of the public or occupants of the structure, occupants of the building, nearby residents, or the public, and would require the enforcement agency who that does so to revise the notice within 10 calendar days. The bill would define the term petition for those purposes to include a complaint.
(5)The State Housing Law authorizes the enforcement agency, a tenant, or tenant association or organization to seek, and the court to order, the appointment of a receiver for the substandard building if the owner of a property with substandard conditions fails to comply within a reasonable time period with the terms of a specified order or notice to repair or abate a violation that results in a substantial endangerment of the health and safety of residents or the public.
This bill would, instead, require a court to issue order the appointment of a receiver by an enforcement agency or tenant association pursuant to those provisions if the owner fails to comply within a reasonable time period with the terms of a specified order or notice to repair or abate a violation that results in a substantial endangerment of the health and safety of the occupants of the building, nearby residents, or the public, unless there is clear and convincing evidence to the contrary.
(6)Under the State Housing Law, a person who obtains an ownership interest in property after the recording of a notice of pendency of an action or proceeding brought pursuant to the State Housing Law with respect to the property or a notice of a violation of that law, and if there is no withdrawal or expungement of the notice, is subject to the order to correct a violation and any other recorded notice of a violation of the State Housing Law.
This bill would specify that a person described above is subject to any costs and fees of any receiver appointed or enforcement agency, as applicable.
(7)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.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)Existing law requires the State Fire Marshal, the chief of any city, county, or city and county fire department or district providing fire protection services, or a Designated Campus Fire Marshal, and their authorized representatives, to enforce in their respective areas building standards relating to fire and panic safety adopted by the State Fire Marshal and published in the California Building Standards Code and other regulations that have been formally adopted by the State Fire Marshal for the prevention of fire or for the protection of life and property against fire or panic. Existing law also authorizes a city, county, or city and county fire department or fire protection district to adopt more stringent or restrictive regulations.
Existing law requires the State Fire Marshal or local fire enforcement agencies, as specified, to annually or biennially inspect, or to inspect with a different provided frequency, certain categories of structures for the purpose of enforcing building standards and other regulations of the State Fire Marshal, as specified. Existing law, in some cases, authorizes the assessment and collection of a fee to recover the costs of these inspections or related fire and life safety activities.
This bill would require each entity responsible for enforcing building standards and other regulations of the State Fire Marshal, as specified, to inspect, every 5 years, all structures within the entitys responsibility that are in the Factory Industrial Group F, High-Hazard Group H, and Storage Group S occupancy classifications, as described, for compliance with those standards and regulations, or, if applicable, more stringent or restrictive local regulations. The bill would authorize an entity that inspects a structure pursuant to these provisions to charge and collect a fee from the owner of the structure to recover the costs of the inspection or related fire and life safety activities.
The bill would require a local agency, as defined, that is responsible for enforcing building standards and other regulations of the State Fire Marshal, as specified, to submit to the State Fire Marshal an annual report containing information on the total number of structures within the local agencys responsibility, categorized by occupancy classification, as defined, and required frequency of inspection, as defined, pursuant to state or local law or regulation, and the number of those structures that are overdue for inspection.
By imposing new inspection and reporting requirements on local entities, this bill would impose a state-mandated local program.
(2)Existing law, the State Housing Law, establishes statewide construction and occupancy standards for buildings used for human habitation. Existing law requires, for those purposes, that any building, including any dwelling unit, be deemed to be a substandard building when a health officer determines that, among other things, an infestation of insects, vermin, or rodents exists to the extent that it endangers the life, limb, health, property, safety, or welfare of the public or its occupants, or there is a lack of adequate garbage and rubbish storage and removal facilities.
This bill would clarify that the term substandard building for purposes of the State Housing Law means any building that is deemed to be substandard pursuant to the provisions described above, and would clarify that standard applies regardless of the zoning designation or approved use of the building. The bill would make conforming changes to this effect.
(3)The State Housing Law provides for relocation assistance to a tenant displaced from a residential rental unit as a result of an order to vacate by a local enforcement agency under specified conditions.
This bill would define the term residential rental unit for those purposes to mean any unit rented by a tenant for human habitation that is located in a building that is deemed or found to be a substandard building.
(4)The State Housing Law requires the housing or building department or, if there is no building department, the health department, of every city or county or a specified environmental agency to enforce within its jurisdiction all of the State Housing Law, the building standards published in the California Building Standards Code, and other specified rules and regulations. If there is a violation of these provisions or any order or notice that gives a reasonable time to correct that violation, or if a nuisance exists, an enforcement agency is required, after 30 days notice to abate the nuisance, to institute appropriate action or proceeding to prevent, restrain, correct, or abate the violation or nuisance. Existing law requires an enforcement agency to provide copies of specified notices of violations to tenants residing in a residential building, and requires an order or notice to repair or abate a violation that results in a substantial endangerment of the health and safety of residents or the public to include specified information. Existing administrative law requires notices under the State Housing Law to state the conditions causing the building to become substandard or in violation of specified requirements, and to post conspicuously at least one copy of the notice on the building alleged to have become substandard.
This bill would state that violations of municipal codes and municipal building and fire codes are included within these provisions. The bill would require an enforcement agency to post conspicuously at least one copy of specified documents relating to violations of these provisions on the building. The bill would require an enforcement agency that issues a notice to correct a violation or to abate a nuisance pursuant to these provisions to include in that notice specified information related to what provisions were alleged to have been violated and what the owner is required to do to correct or abate those violations. The bill would authorize an enforcement agency to not include that information in a notice if the enforcement agency concludes that including that information would prevent the agency from acting in time to prevent or remedy an immediate threat to the health and safety of the public or occupants of the structure, and would require the enforcement agency who does so to revise the notice within 10 calendar days. The bill would define the term petition for those purposes to include a complaint.
(5)The State Housing Law authorizes the enforcement agency, a tenant, or tenant association or organization to seek, and the court to order, the appointment of a receiver for the substandard building if the owner of a property with substandard conditions fails to comply within a reasonable time period with the terms of a specified order or notice to repair or abate a violation that results in a substantial endangerment of the health and safety of residents or the public.
This bill would, instead, require a court to issue a receiver by an enforcement agency or tenant association unless there is clear and convincing evidence to the contrary.
(6)Under the State Housing Law, a person who obtains an ownership interest in property after the recording of a notice of pendency of an action or proceeding brought pursuant the State Housing Law with respect to the property or a notice of a violation of that law, and if there is no withdrawal or expungement of the notice, is subject to the order to correct a violation and any other recorded notice of a violation of the State Housing Law.
This bill would specify that a person described above is subject to any costs and fees of any receiver appointed or enforcement agency, as applicable.
(7)The State Housing Law provides that any person who willfully violates any provision of the State Housing Law, the building standards published in the State Building Standards Code relating to the law, or any rule adopted under the law is guilty of a misdemeanor. Existing law provides that any person who willfully commits specified acts at the burning of a building or at any other time and place where any firefighter or firefighters or emergency rescue personnel are discharging or attempting to discharge an official duty is guilty of a misdemeanor.This bill would provide that any person who willfully commits specified acts relating to interfering with the official duties of code enforcement officers and fire marshals is guilty of a misdemeanor. By establishing a new crime, this bill would impose a state-mandated local program.(8)Existing law authorizes certain persons who are not peace officers to exercise the powers of arrest under certain circumstances, if they have completed a specified training course prescribed by the Commission on Peace Officer Standards and Training.This bill would extend that authority to persons employed as building officials or their designees, to the extent necessary to enforce laws related to unpermitted, dangerous, or otherwise illegal structures, and provided that those officials are authorized to do so by a memorandum of understanding with specified local law enforcement officials.(9)(7)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.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)Existing law requires the State Fire Marshal, the chief of any city, county, or city and county fire department or district providing fire protection services, or a Designated Campus Fire Marshal, and their authorized representatives, to enforce in their respective areas building standards relating to fire and panic safety adopted by the State Fire Marshal and published in the California Building Standards Code and other regulations that have been formally adopted by the State Fire Marshal for the prevention of fire or for the protection of life and property against fire or panic. Existing law also authorizes a city, county, or city and county fire department or fire protection district to adopt more stringent or restrictive regulations.
Existing law requires the State Fire Marshal or local fire enforcement agencies, as specified, to annually or biennially inspect, or to inspect with a different provided frequency, certain categories of structures for the purpose of enforcing building standards and other regulations of the State Fire Marshal, as specified. Existing law, in some cases, authorizes the assessment and collection of a fee to recover the costs of these inspections or related fire and life safety activities.
This bill would require each entity responsible for enforcing building standards and other regulations of the State Fire Marshal, as specified, to inspect, every 5 years, all structures within the entitys responsibility that are in the Factory Industrial Group F, High-Hazard Group H, and Storage Group S occupancy classifications, as described, for compliance with those standards and regulations, or, if applicable, more stringent or restrictive local regulations. The bill would authorize an entity that inspects a structure pursuant to these provisions to charge and collect a fee from the owner of the structure to recover the costs of the inspection or related fire and life safety activities.
The bill would require a local agency, as defined, that is responsible for enforcing building standards and other regulations of the State Fire Marshal, as specified, to submit to the State Fire Marshal an annual report containing information on the total number of structures within the local agencys responsibility, categorized by occupancy classification, as defined, and required frequency of inspection, as defined, pursuant to state or local law or regulation, and the number of those structures that are overdue for inspection.
By imposing new inspection and reporting requirements on local entities, this bill would impose a state-mandated local program.
(2)Existing law, the State Housing Law, establishes statewide construction and occupancy standards for buildings used for human habitation. Existing law requires, for those purposes, that any building, including any dwelling unit, be deemed to be a substandard building when a health officer determines that, among other things, an infestation of insects, vermin, or rodents exists to the extent that it endangers the life, limb, health, property, safety, or welfare of the public or its occupants, or there is a lack of adequate garbage and rubbish storage and removal facilities.
This bill would clarify that the term substandard building for purposes of the State Housing Law means any building that is deemed to be substandard pursuant to the provisions described above, and would clarify that standard applies regardless of the zoning designation or approved use of the building. The bill would make conforming changes to this effect.
(3)The State Housing Law provides for relocation assistance to a tenant displaced from a residential rental unit as a result of an order to vacate by a local enforcement agency under specified conditions.
This bill would define the term residential rental unit for those purposes to mean any unit rented by a tenant for human habitation that is located in a building that is deemed or found to be a substandard building.
(4)The State Housing Law requires the housing or building department or, if there is no building department, the health department, of every city or county or a specified environmental agency to enforce within its jurisdiction all of the State Housing Law, the building standards published in the California Building Standards Code, and other specified rules and regulations. If there is a violation of these provisions or any order or notice that gives a reasonable time to correct that violation, or if a nuisance exists, an enforcement agency is required, after 30 days notice to abate the nuisance, to institute appropriate action or proceeding to prevent, restrain, correct, or abate the violation or nuisance. Existing law requires an enforcement agency to provide copies of specified notices of violations to tenants residing in a residential building, and requires an order or notice to repair or abate a violation that results in a substantial endangerment of the health and safety of residents or the public to include specified information. Existing administrative law requires notices under the State Housing Law to state the conditions causing the building to become substandard or in violation of specified requirements, and to post conspicuously at least one copy of the notice on the building alleged to have become substandard.
This bill would state that violations of municipal codes and municipal building and fire codes are included within these provisions. The bill would require an enforcement agency to post conspicuously at least one copy of specified documents relating to violations of these provisions on the building. The bill would require an enforcement agency that issues a notice to correct a violation or to abate a nuisance pursuant to these provisions to include in that notice specified information related to what provisions were alleged to have been violated and what the owner is required to do to correct or abate those violations. The bill would authorize an enforcement agency to not include that information in a notice if the enforcement agency concludes that including that information would prevent the agency from acting in time to prevent or remedy an immediate threat to the health and safety of the public or occupants of the structure, and would require the enforcement agency who does so to revise the notice within 10 calendar days. The bill would define the term petition for those purposes to include a complaint.
(5)The State Housing Law authorizes the enforcement agency, a tenant, or tenant association or organization to seek, and the court to order, the appointment of a receiver for the substandard building if the owner of a property with substandard conditions fails to comply within a reasonable time period with the terms of a specified order or notice to repair or abate a violation that results in a substantial endangerment of the health and safety of residents or the public.
This bill would, instead, require a court to issue a receiver by an enforcement agency or tenant association unless there is clear and convincing evidence to the contrary.
(6)Under the State Housing Law, a person who obtains an ownership interest in property after the recording of a notice of pendency of an action or proceeding brought pursuant the State Housing Law with respect to the property or a notice of a violation of that law, and if there is no withdrawal or expungement of the notice, is subject to the order to correct a violation and any other recorded notice of a violation of the State Housing Law.
This bill would specify that a person described above is subject to any costs and fees of any receiver appointed or enforcement agency, as applicable.
(7)The State Housing Law provides that any person who willfully violates any provision of the State Housing Law, the building standards published in the State Building Standards Code relating to the law, or any rule adopted under the law is guilty of a misdemeanor. Existing law provides that any person who willfully commits specified acts at the burning of a building or at any other time and place where any firefighter or firefighters or emergency rescue personnel are discharging or attempting to discharge an official duty is guilty of a misdemeanor.
This bill would provide that any person who willfully commits specified acts relating to interfering with the official duties of code enforcement officers and fire marshals is guilty of a misdemeanor. By establishing a new crime, this bill would impose a state-mandated local program.
(8)Existing law authorizes certain persons who are not peace officers to exercise the powers of arrest under certain circumstances, if they have completed a specified training course prescribed by the Commission on Peace Officer Standards and Training.
This bill would extend that authority to persons employed as building officials or their designees, to the extent necessary to enforce laws related to unpermitted, dangerous, or otherwise illegal structures, and provided that those officials are authorized to do so by a memorandum of understanding with specified local law enforcement officials.
(9)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.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
The State Housing Law requires the housing or building department or, if there is no building department, the health department, of every city or county or a specified environmental agency to enforce within its jurisdiction all of the State Housing Law, the building standards published in the California Building Standards Code, and other specified rules and regulations. If there is a violation of these provisions or any order or notice that gives a reasonable time to correct that violation, or if a nuisance exists, an enforcement agency is required, after 30 days notice to abate the nuisance, to institute appropriate action or proceeding to prevent, restrain, correct, or abate the violation or nuisance. Existing law provides specified criteria for posting a notice of violation.This bill would state that violations of municipal codes and municipal building and fire codes are included within these provisions.The State Housing Law requires the housing or building department or, if there is no building department, the health department, of every city or county or a specified environmental agency to enforce within its jurisdiction all of the State Housing Law, the building standards published in the California Building Standards Code, and other specified rules and regulations. If there is a violation of these provisions or any order or notice that gives a reasonable time to correct that violation, or if a nuisance exists, an enforcement agency is required, after 30 days notice to abate the nuisance, to institute appropriate action or proceeding to prevent, restrain, correct, or abate the violation or nuisance. Existing law provides specified criteria for posting a notice of violation.
This bill would state that violations of municipal codes and municipal building and fire codes are included within these provisions.
(a)Each entity responsible for enforcement of building standards and other regulations of the State Fire Marshal pursuant to Section 13146 shall, at least every five years, inspect all privately owned structures within the entitys responsibility that are in the Storage Group S occupancy classifications, as described in Section 311 of Chapter 3 of the 2016 edition of the California Building Standards Code, or the applicable provisions of a successor edition of that code, for compliance with those regulations, or, if applicable, compliance with more stringent or restrictive regulations that are adopted by a city, county, or fire protection district consistent with this division, except as provided in subdivision (b).
(b)Subdivision (a) does not apply to a structure that meets any of the following criteria:
(1)The structure is not capable of occupancy exceeding 49 people.
(2)The structure is subject to regular state-mandated inspections for any purpose, including, but not limited to, occupational safety and compliance with health codes.
(3)The structure is occupied by a person who possesses a valid, current business license, or other permit to operate from the state or a local jurisdiction.
(4)The structure is not fully enclosed, including, but not limited to, a parking structure.
(c)An entity that inspects a structure pursuant to subdivision (a) may charge and collect a fee from the owner of the structure for the inspection and for related fire and life safety activities, including reporting to the State Fire Marshal as required by Section 13149. Any fee collected pursuant to this subdivision shall be in an amount, as determined by the entity, sufficient to recover, but not exceed, the reasonable costs to the entity of performing the inspection or fire and life safety activities.
(d)This section does not affect the types of violations that a fire official is responsible for enforcing.
(e)This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 2.Section 13149 is added to the Health and Safety Code, to read:13149.(a)For purposes of this section, the following terms have the following meanings:
(1)Inspection means inspection of a structure for compliance with building standards and other regulations identified in Section 13146, or, if applicable, more stringent or restrictive regulations adopted by a local agency consistent with this division.
(2)Local agency means a city, county, or fire protection district.
(3)Occupancy classification means a buildings occupancy classification pursuant to Chapter 3 of the 2016 edition of the California Building Standards Code, or the applicable provisions of a successor edition of that code.
(b)Each local agency responsible for enforcement of building standards and other regulations of the State Fire Marshal pursuant to Section 13146 shall annually submit to the State Fire Marshal a report containing the following information:
(1)The total number of structures within the local agencys responsibility, categorized by occupancy classification and required frequency of inspection pursuant to this division or other state or local law or regulations, as applicable.
(2)Of the structures specified in paragraph (1), the number that are overdue for inspection.
(c)The State Fire Marshal shall post each report in the form in which it is submitted pursuant to subdivision (b) on the Internet Web site of the Office of the State Fire Marshal.
SEC. 3.Section 17920 of the Health and Safety Code is amended to read:17920.As used in this part:
(a)Approved means acceptable to the department.
(b)Building means a structure subject to this part.
(c)Building standard means building standard as defined in Section 18909.
(d)Department means the Department of Housing and Community Development.
(e)Enforcement means diligent effort to secure compliance, including review of plans and permit applications, response to complaints, citation of violations, and other legal process. Except as otherwise provided in this part, enforcement may, but need not, include inspections of existing buildings on which no complaint or permit application has been filed, and effort to secure compliance as to these existing buildings.
(f)Fire protection district means any special district, or any other municipal or public corporation or district, which is authorized by law to provide fire protection and prevention services.
(g)Labeled means equipment or materials to which has been attached a label, symbol, or other identifying mark of an organization, approved by the department, that maintains a periodic inspection program of production of labeled products, installations, equipment, or materials and by whose labeling the manufacturer indicates compliance with appropriate standards or performance in a specified manner.
(h)Listed means all products that appear in a list published by an approved testing or listing agency.
(i)Listing agency means an agency approved by the department that is in the business of listing and labeling products, materials, equipment, and installations tested by an approved testing agency, and that maintains a periodic inspection program on current production of listed products, equipment, and installations, and that, at least annually, makes available a published report of these listings.
(j)Mold means microscopic organisms or fungi that can grow in damp conditions in the interior of a building.
(k)Noise insulation means the protection of persons within buildings from excessive noise, however generated, originating within or without such buildings.
(l)Nuisance means any nuisance defined pursuant to Part 3 (commencing with Section 3479) of Division 4 of the Civil Code, or any other form of nuisance recognized at common law or in equity.
(m)Public entity has the same meaning as defined in Section 811.2 of the Government Code.
(n)Substandard building means any building, including any building used for human habitation, that is declared substandard pursuant to Section 17920.3.
(o)Testing agency means an agency approved by the department as qualified and equipped for testing of products, materials, equipment, and installations in accordance with nationally recognized standards.
SEC. 4.Section 17920.3 of the Health and Safety Code is amended to read:17920.3.Any building or portion thereof, including any dwelling unit, guestroom or suite of rooms, or the premises on which the same is located, in which there exists any of the following listed conditions to an extent that endangers the life, limb, health, property, safety, or welfare of the occupants of the building, nearby residents, or the public shall be deemed and hereby is declared to be a substandard building:
(a)Inadequate sanitation shall include, but not be limited to, the following:
(1)Lack of, or improper water closet, lavatory, or bathtub or shower in a dwelling unit.
(2)Lack of, or improper water closets, lavatories, and bathtubs or showers per number of guests in a hotel.
(3)Lack of, or improper kitchen sink.
(4)Lack of hot and cold running water to plumbing fixtures in a hotel.
(5)Lack of hot and cold running water to plumbing fixtures in a dwelling unit.
(6)Lack of adequate heating.
(7)Lack of, or improper operation of required ventilating equipment.
(8)Lack of minimum amounts of natural light and ventilation required by this code.
(9)Room and space dimensions less than required by this code.
(10)Lack of required electrical lighting.
(11)Dampness of habitable rooms.
(12)Infestation of insects, vermin, or rodents as determined by a health officer or, if an agreement does not exist with an agency that has a health officer, the infestation can be determined by a code enforcement officer, as defined in Section 829.5 of the Penal Code, upon successful completion of a course of study in the appropriate subject matter as determined by the local jurisdiction.
(13)Visible mold growth, as determined by a health officer or a code enforcement officer, as defined in Section 829.5 of the Penal Code, excluding the presence of mold that is minor and found on surfaces that can accumulate moisture as part of their properly functioning and intended use.
(14)General dilapidation or improper maintenance.
(15)Lack of connection to required sewage disposal system.
(16)Lack of adequate garbage and rubbish storage and removal facilities, as determined by a health officer or, if an agreement does not exist with an agency that has a health officer, the lack of adequate garbage and rubbish removal facilities can be determined by a code enforcement officer as defined in Section 829.5 of the Penal Code.
(b)Structural hazards shall include, but not be limited to, the following:
(1)Deteriorated or inadequate foundations.
(2)Defective or deteriorated flooring or floor supports.
(3)Flooring or floor supports of insufficient size to carry imposed loads with safety.
(4)Members of walls, partitions, or other vertical supports that split, lean, list, or buckle due to defective material or deterioration.
(5)Members of walls, partitions, or other vertical supports that are of insufficient size to carry imposed loads with safety.
(6)Members of ceilings, roofs, ceiling and roof supports, or other horizontal members which sag, split, or buckle due to defective material or deterioration.
(7)Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety.
(8)Fireplaces or chimneys which list, bulge, or settle due to defective material or deterioration.
(9)Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety.
(c)Any nuisance.
(d)All wiring, except that which conformed with all applicable laws in effect at the time of installation if it is currently in good and safe condition and working properly.
(e)All plumbing, except plumbing that conformed with all applicable laws in effect at the time of installation and has been maintained in good condition, or that may not have conformed with all applicable laws in effect at the time of installation but is currently in good and safe condition and working properly, and that is free of cross connections and siphonage between fixtures.
(f)All mechanical equipment, including vents, except equipment that conformed with all applicable laws in effect at the time of installation and that has been maintained in good and safe condition, or that may not have conformed with all applicable laws in effect at the time of installation but is currently in good and safe condition and working properly.
(g)Faulty weather protection, which shall include, but not be limited to, the following:
(1)Deteriorated, crumbling, or loose plaster.
(2)Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations, or floors, including broken windows or doors.
(3)Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering.
(4)Broken, rotted, split, or buckled exterior wall coverings or roof coverings.
(h)Any building or portion thereof, device, apparatus, equipment, combustible waste, or vegetation that, in the opinion of the chief of the fire department or his or her deputy, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause.
(i)All materials of construction, except those that are specifically allowed or approved by this code, and that have been adequately maintained in good and safe condition.
(j)Those premises on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rodent harborages, stagnant water, combustible materials, and similar materials or conditions constitute fire, health, or safety hazards.
(k)Any building or portion thereof that is determined to be an unsafe building due to inadequate maintenance, in accordance with the latest edition of the Uniform Building Code.
(l)All buildings or portions thereof not provided with adequate exit facilities as required by this code, except those buildings or portions thereof whose exit facilities conformed with all applicable laws at the time of their construction and that have been adequately maintained and increased in relation to any increase in occupant load, alteration or addition, or any change in occupancy.
When an unsafe condition exists through lack of, or improper location of, exits, additional exits may be required to be installed.
(m)All buildings or portions thereof that are not provided with the fire-resistive construction or fire-extinguishing systems or equipment required by this code, except those buildings or portions thereof that conformed with all applicable laws at the time of their construction and whose fire-resistive integrity and fire-extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy.
(n)All buildings or portions thereof occupied for living, sleeping, cooking, or dining purposes that were not designed or intended to be used for those occupancies.
(o)Inadequate structural resistance to horizontal forces.
For the purposes of this part, a residential building or any other building used for human habitation, regardless of the zoning designation or approved use of the building, may be declared to be substandard if it meets any of the conditions in this section. This definition is not intended to allow any change of land use not otherwise approved by the local jurisdiction.
Substandard building includes a building not in compliance with Section 13143.2.
However, a condition that would require displacement of sound walls or ceilings to meet height, length, or width requirements for ceilings, rooms, and dwelling units shall not by itself be considered sufficient existence of dangerous conditions making a building a substandard building, unless the building was constructed, altered, or converted in violation of those requirements in effect at the time of construction, alteration, or conversion.
SEC. 5.Section 17975 of the Health and Safety Code is amended to read:17975.(a)Any tenant who is displaced or subject to displacement from a residential rental unit as a result of an order to vacate or an order requiring the vacation of a residential unit by a local enforcement agency as a result of a violation so extensive and of such a nature that the immediate health and safety of the residents is endangered, shall be entitled to receive relocation benefits from the owner as specified in this article. The local enforcement agency shall determine the eligibility of tenants for benefits pursuant to this article.
(b)For the purposes of this article, residential rental unit includes any unit rented for human habitation, regardless of the zoning designation or approved use of the building, that is located in a building that is deemed or found to be a substandard building. This definition is not intended to allow any change of land use not otherwise approved by the local jurisdiction.
SEC. 6.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, municipal code, municipal building and fire codes, 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 occupants of the building, nearby residents, or the public, 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 building or any other building used for human habitation 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 or any other building used for human habitation 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 jurisdictions housing element.
(d)(1)Notwithstanding subdivision (c) and notwithstanding local ordinances, the enforcement agency shall provide tenants in a residential building or any other building used for human habitation 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 agencys 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 unit by the enforcement agency that issued the order or notice, in the manner prescribed by subdivision (a) of Section 17980.6.
(3)An enforcement agency shall post conspicuously at least one copy of each document described in paragraph (1) on the building alleged to have become substandard.
(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)(1)Unless an enforcement agency concludes that the time needed to include the information specified in this subdivision would prevent the enforcement agency from acting to prevent an immediate danger to the health or safety of the occupants of the building, nearby residents, or the public, an enforcement agency that issues any notice to correct violations or to abate nuisances pursuant to this part shall include all of the following information in that notice:
(A)A reasonably specific identification of fixtures or structural features that need to be corrected or abated, and an identification of what repairs are required to correct those violations.
(B)A reasonably specific identification of provisions of the California Building Standards Code, or any additions or deletions adopted by the applicable city or county pursuant to Sections 17958 to 17958.11, inclusive, that have been violated.
(2)It is not the intent of this subdivision to preclude the enforcement of this part in the event an enforcement agency fails to strictly comply with these provisions.
(g)The enforcement agency may charge the owner of the building for its staff time, postage, or mileage cost for sending or posting the notices required to be given by this section.
(h)If the enforcement agency determines that there is an infestation pursuant to paragraph (12) of subdivision (a) of Section 17920.3 or Section 116130, the enforcement agencys 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.
(i)For purposes of this article, petition includes a complaint.
SEC. 7.Section 17980.6 of the Health and Safety Code is amended to read:17980.6.If any building is maintained in a manner that violates any provisions of this part, the building standards published in the California Building Standards Code relating to the provisions of this part, any other rule or regulation adopted pursuant to the provisions of this part, municipal code, municipal building and fire codes, or any provision in a local ordinance that is similar to a provision in this part, and the violations are so extensive and of such a nature that the health and safety of the occupants of the building, nearby residents, or the public is substantially endangered, the enforcement agency may issue an order or notice to repair or abate pursuant to this part. Any order or notice pursuant to this subdivision shall be provided either by both posting a copy of the order or notice in a conspicuous place on the property and by first-class mail to each affected unit used for human habitation, or by posting a copy of the order or notice in a conspicuous place on the property and in a prominent place on each affected unit. The order or notice shall include, but is not limited to, all of the following:
(a)The name, address, and telephone number of the agency that issued the notice or order.
(b)The date, time, and location of any public hearing or proceeding concerning the order or notice.
(c)Information that the lessor cannot retaliate against a lessee pursuant to Section 1942.5 of the Civil Code.
(d)The information required in subdivision (f) of Section 17980, consistent with the provisions of that subdivision.
SEC. 8.Section 17980.7 of the Health and Safety Code is amended to read:17980.7.If the owner fails to comply within a reasonable time with the terms of the order or notice issued pursuant to Section 17980.6, the following provisions shall apply:
(a)The enforcement agency may seek and the court may order imposition of the penalties provided for under Chapter 6 (commencing with Section 17995).
(b)(1)The enforcement agency may seek and the court may order the owner to not claim any deduction with respect to state taxes for interest, taxes, expenses, depreciation, or amortization paid or incurred with respect to the cited structure, in the taxable year of the initial order or notice, in lieu of the enforcement agency processing a violation in accordance with Sections 17274 and 24436.5 of the Revenue and Taxation Code.
(2)If the owner fails to comply with the terms of the order or notice to correct the condition that caused the violation pursuant to Section 17980.6, the court may order the owner to not claim these tax benefits for the following year.
(c)The enforcement agency, tenant, or tenant association or organization may seek and the court shall order, unless there is clear and convincing evidence to the contrary, the appointment of a receiver for the substandard building pursuant to this subdivision. In its petition to the court, the enforcement agency, tenant, or tenant association or organization shall include proof that notice of the petition was served not less than three days prior to filing the petition, pursuant to Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure, to all persons with a recorded interest in the real property upon which the substandard building exists. The appointment of a receiver for the substandard building pursuant to another provision of law shall not prevent the enforcement agency from seeking, and the court appointing or replacing, a receiver pursuant to this section in addition to, or in lieu of, another provision of law.
(1)In appointing a receiver, the court shall consider whether the owner has been afforded a reasonable opportunity to correct the conditions cited in the notice of violation.
(2)The court shall not appoint any person as a receiver unless the person has demonstrated to the court his or her capacity and expertise to develop and supervise a viable financial and construction plan for the satisfactory rehabilitation of the building. A court may appoint as a receiver a nonprofit organization or community development corporation. In addition to the duties and powers that may be granted pursuant to this section, the nonprofit organization or community development corporation may also apply for grants to assist in the rehabilitation of the building.
(3)If a receiver is appointed, the owner and his or her agent of the substandard building shall be enjoined from collecting rents from the tenants, interfering with the receiver in the operation of the substandard building, and encumbering or transferring the substandard building or real property upon which the building is situated.
(4)Any receiver appointed pursuant to this section shall have all of the following powers and duties in the order of priority listed in this paragraph, unless the court otherwise permits:
(A)To take full and complete control of the substandard property.
(B)To manage the substandard building and pay expenses of the operation of the substandard building and real property upon which the building is located, including taxes, insurance, utilities, general maintenance, and debt secured by an interest in the real property.
(C)To secure a cost estimate and construction plan from a licensed contractor for the repairs necessary to correct the conditions cited in the notice of violation.
(D)To enter into contracts and employ a licensed contractor as necessary to correct the conditions cited in the notice of violation.
(E)To collect all rents and income from the substandard building.
(F)To use all rents and income from the substandard building to pay for the cost of rehabilitation and repairs determined by the court as necessary to correct the conditions cited in the notice of violation.
(G)To borrow funds to pay for repairs necessary to correct the conditions cited in the notice of violation and to borrow funds to pay for any relocation benefits authorized by paragraph (6) and, with court approval, secure that debt and any moneys owed to the receiver for services performed pursuant to this section with a lien on the real property upon which the substandard building is located. The lien shall be recorded in the county recorders office in the county within which the building is located.
(H)To exercise the powers granted to receivers under Section 568 of the Code of Civil Procedure.
(5)The receiver shall be entitled to the same fees, commissions, and necessary expenses as receivers in actions to foreclose mortgages.
(6)If the conditions of the premises or the repair or rehabilitation thereof significantly affect the safe and sanitary use of the substandard building by any tenant, to the extent that the tenant cannot safely reside in his or her unit, then the receiver shall provide relocation benefits in accordance with subparagraph (A) of paragraph (3) of subdivision (d).
(7)The relocation compensation provided for in this section shall not preempt any local ordinance that provides for greater relocation assistance.
(8)In addition to any reporting required by the court, the receiver shall prepare monthly reports to the state or local enforcement agency which shall contain information on at least the following items:
(A)The total amount of rent payments received.
(B)Nature and amount of contracts negotiated relative to the operation or repair of the property.
(C)Payments made toward the repair of the premises.
(D)Progress of necessary repairs.
(E)Other payments made relative to the operation of the building.
(F)Amount of tenant relocation benefits paid.
(9)The receiver shall be discharged when the conditions cited in the notice of violation have been remedied in accordance with the court order or judgment and a complete accounting of all costs and repairs has been delivered to the court. Upon removal of the condition, the owner, the mortgagee, or any lienor of record may apply for the discharge of all moneys not used by the receiver for removal of the condition and all other costs authorized by this section.
(10)After discharging the receiver, the court may retain jurisdiction for a time period not to exceed 18 consecutive months, and require the owner and the enforcement agency responsible for enforcing Section 17980 to report to the court in accordance with a schedule determined by the court.
(11)The prevailing party in an action pursuant to this section shall be entitled to reasonable attorneys fees and court costs as may be fixed by the court.
(12)The county recorder may charge and collect fees for the recording of all notices and other documents required by this section pursuant to Article 5 (commencing with Section 27360) of Chapter 6 of Division 2 of Title 3 of the Government Code.
(13)This section shall not be construed to limit those rights available to tenants and owners under any other provision of the law.
(14)This section shall not be construed to deprive an owner of a substandard building of all procedural due process rights guaranteed by the California Constitution and the United States Constitution, including, but not limited to, receipt of notice of the violation claimed and an adequate and reasonable period of time to comply with any orders which are issued by the enforcement agency or the court.
(15)Upon the request of a receiver, a court may require the owner of the property to pay all unrecovered costs associated with the receivership in addition to any other remedy authorized by law.
(d)If the court finds that a building is in a condition which substantially endangers the health and safety of the occupants of the building, nearby residents, or the public pursuant to Section 17980.6, upon the entry of any order or judgment, the court shall do all of the following:
(1)Order the owner to pay all reasonable and actual costs of the enforcement agency including, but not limited to, inspection costs, investigation costs, enforcement costs, attorney fees or costs, and all costs of prosecution.
(2)Order that the local enforcement agency shall provide the tenant with notice of the court order or judgment.
(3)(A)Order that if the owner undertakes repairs or rehabilitation as a result of being cited for a notice under this chapter, and if the conditions of the premises or the repair or rehabilitation thereof significantly affect the safe and sanitary use of the premises by any lawful tenant, so that the tenant cannot safely reside in the premises, then the owner shall provide or pay relocation benefits to each lawful tenant. These benefits shall consist of actual reasonable moving and storage costs and relocation compensation. The actual moving and storage costs shall consist of all of the following:
(i)Transportation of the tenants personal property to the new location. The new location shall be in close proximity to the substandard premises, except where relocation to a new location beyond a close proximity is determined by the court to be justified.
(ii)Packing, crating, unpacking, and uncrating the tenants personal property.
(iii)Insurance of the tenants property while in transit.
(iv)The reasonable replacement value of property lost, stolen, or damaged (not through the fault or negligence of the displaced person, his or her agent or employee) in the process of moving, where insurance covering the loss, theft, or damage is not reasonably available.
(v)The cost of disconnecting, dismantling, removing, reassembling, reconnecting, and reinstalling machinery, equipment, or other personal property of the tenant, including connection charges imposed by utility companies for starting utility service.
(B)(i)The relocation compensation shall be an amount equal to the differential between the contract rent and the fair market rental value determined by the federal Department of Housing and Urban Development for a unit of comparable size within the area for the period that the unit is being repaired, not to exceed 120 days.
(ii)If the court finds that a tenant has been substantially responsible for causing or substantially contributing to the substandard conditions, then the relocation benefits of this section shall not be paid to this tenant. Each other tenant on the premises who has been ordered to relocate due to the substandard conditions and who is not substantially responsible for causing or contributing to the conditions shall be paid these benefits and moving costs at the time that he or she actually relocates.
(4)Determine the date when the tenant is to relocate, and order the tenant to notify the enforcement agency and the owner of the address of the premises to which he or she has relocated within five days after the relocation.
(5)(A)Order that the owner shall offer the first right to occupancy of the premises to each tenant who received benefits pursuant to subparagraph (A) of paragraph (3), before letting the unit for rent to a third party. The owners offer on the first right to occupancy to the tenant shall be in writing, and sent by first-class certified mail to the address given by the tenant at the time of relocation. If the owner has not been provided the tenants address by the tenant as prescribed by this section, the owner shall not be required to provide notice under this section or offer the tenant the right to return to occupancy.
(B)The tenant shall notify the owner in writing that he or she will occupy the unit. The notice shall be sent by first-class certified mail no later than 10 days after the notice has been mailed by the owner.
(6)Order that failure to comply with any abatement order under this chapter shall be punishable by civil contempt, penalties under Chapter 6 (commencing with Section 17995), and any other penalties and fines as are available.
(e)The initiation of a proceeding or entry of a judgment pursuant to this section or Section 17980.6 shall be deemed to be a proceeding or judgment as provided by paragraph (4) or (5) of subdivision (a) of Section 1942.5 of the Civil Code.
(f)The term owner, for the purposes of this section, shall include the owner, including any public entity that owns real property used for human habitation, at the time of the initial notice or order and any successor in interest who had actual or constructive knowledge of the notice, order, or prosecution.
(g)These remedies shall be in addition to those provided by any other law.
(h)This section and Section 17980.6 shall not impair the rights of an owner exercising his or her rights established pursuant to Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code.
SEC. 9.Section 17980.11 of the Health and Safety Code is amended to read:17980.11.If an enforcement agency has recorded with a county recorder any notice of substandard or untenantable conditions issued pursuant to this part for a structure used for human habitation, and if the enforcement agency anticipates that it will pursue the remedies provided by subdivision (b) of Section 17980.7 or subdivision (c) of Section 17980.9, or Section 17274 or 24436.5 of the Revenue and Taxation Code, it may require the private owner of that structure, within 10 days of recordation, to submit to the enforcement agency the following information:
(a)If the property owner is an individual, the name, address, drivers license number or identification card number, social security number or tax identification number, and any other information deemed necessary by the enforcement agency to file the documents necessary to utilize Section 17274 of the Revenue and Taxation Code.
(b)If the property owner is a corporation, trust, real estate trust, or any other entity whose taxes are subject to Part 11 (commencing with Section 23001) of the Revenue and Taxation Code, the name, address, tax identification number, and any other information deemed necessary by the enforcement agency to file the documents necessary to utilize Section 24436.5 of the Revenue and Taxation Code.
(c)If the property owner is a limited liability company, partnership, limited partnership, trust, or real estate investment trust, or any other entity which has owners, partners, members, or investors whose state taxes are subject to Part 10 (commencing with Section 17001) of the Revenue and Taxation Code and whose income, deductions, or tax credits are subject to any change because of interest payments, taxes, depreciation, or amortization related to the substandard housing, the name, address, drivers license number or identification card number, social security number or tax identification number, and any other information deemed necessary by the enforcement agency to file the documents necessary to utilize Section 17274 of the Revenue and Taxation Code.
SEC. 10.Section 17992 of the Health and Safety Code is amended to read:17992.Any person who obtains an ownership interest in any property after a notice of pendency of an action or proceeding was recorded with respect to the property pursuant to Section 17985 or any other notice of a violation of this part was recorded with the county recorder of the county in which the property is located, and where there has been no withdrawal or expungement of the notice, shall be subject to any order to correct a violation, including time limitations, specified in a citation issued pursuant to Sections 17980 and 17981 or any other notice of a violation of this part that was recorded with the county recorder of the county in which the property is located, as well as any costs and fees of the receiver or enforcement agency, as applicable.
SEC. 11.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
However, if the Commission on State Mandates determines that this act contains other 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.
(a)Each entity responsible for enforcement of building standards and other regulations of the State Fire Marshal pursuant to Section 13146 shall, at least every five years, inspect all privately owned structures within the entitys responsibility that are in the Factory Industrial Group F, High-Hazard Group H, and Storage Group S occupancy classifications, as described in Sections 306, 307, and Section 311 of Chapter 3 of the 2016 edition of the California Building Standards Code, or the applicable provisions of a successor edition of that code, for compliance with those regulations, or, if applicable, compliance with more stringent or restrictive regulations that are adopted by a city, county, or fire protection district consistent with this division. division, except as provided in subdivision (b).
(b)Subdivision (a) does not apply to a structure that meets any of the following criteria:
(1)The structure is not capable of occupancy exceeding 49 people.
(2)The structure is subject to regular state-mandated inspections for any purpose, including, but not limited to, occupational safety and compliance with health codes.
(3)The structure is occupied by a person who possesses a valid, current business license, or other permit to operate from the state or a local jurisdiction.
(4)The structure is not fully enclosed, including, but not limited to, a parking structure.
(b)(c)An entity that inspects a structure pursuant to subdivision (a) may charge and collect a fee from the owner of the structure for the inspection and for related fire and life safety activities. activities, including reporting to the State Fire Marshal as required by Section 13149. Any fee collected pursuant to this subdivision shall be in an amount, as determined by the entity, sufficient to recover, but not exceed, the reasonable costs to the entity of performing the inspection or fire and life safety activities.
(d)This section does not affect the types of violations that a fire official is responsible for enforcing.
(e)This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 2.Section 13149 is added to the Health and Safety Code, to read:13149.(a)For purposes of this section, the following terms have the following meanings:
(1)Inspection means inspection of a structure for compliance with building standards and other regulations identified in Section 13146, or, if applicable, more stringent or restrictive regulations adopted by a local agency consistent with this division.
(2)Local agency means a city, county, or fire protection district.
(3)Occupancy classification means a buildings occupancy classification pursuant to Chapter 3 of the 2016 edition of the California Building Standards Code, or the applicable provisions of a successor edition of that code.
(b)Each local agency responsible for enforcement of building standards and other regulations of the State Fire Marshal pursuant to Section 13146 shall annually submit to the State Fire Marshal a report containing the following information:
(1)The total number of structures within the local agencys responsibility, categorized by occupancy classification and required frequency of inspection pursuant to this division or other state or local law or regulations, as applicable.
(2)Of the structures specified in paragraph (1), the number that are overdue for inspection.
(c)The State Fire Marshal shall post each report in the form in which it is submitted pursuant to subdivision (b) on the Internet Web site of the Office of the State Fire Marshal.
SEC. 3.Section 17920 of the Health and Safety Code is amended to read:17920.As used in this part:
(a)Approved means acceptable to the department.
(b)Building means a structure subject to this part.
(c)Building standard means building standard as defined in Section 18909.
(d)Department means the Department of Housing and Community Development.
(e)Enforcement means diligent effort to secure compliance, including review of plans and permit applications, response to complaints, citation of violations, and other legal process. Except as otherwise provided in this part, enforcement may, but need not, include inspections of existing buildings on which no complaint or permit application has been filed, and effort to secure compliance as to these existing buildings.
(f)Fire protection district means any special district, or any other municipal or public corporation or district, which is authorized by law to provide fire protection and prevention services.
(g)Labeled means equipment or materials to which has been attached a label, symbol, or other identifying mark of an organization, approved by the department, that maintains a periodic inspection program of production of labeled products, installations, equipment, or materials and by whose labeling the manufacturer indicates compliance with appropriate standards or performance in a specified manner.
(h)Listed means all products that appear in a list published by an approved testing or listing agency.
(i)Listing agency means an agency approved by the department that is in the business of listing and labeling products, materials, equipment, and installations tested by an approved testing agency, and that maintains a periodic inspection program on current production of listed products, equipment, and installations, and that, at least annually, makes available a published report of these listings.
(j)Mold means microscopic organisms or fungi that can grow in damp conditions in the interior of a building.
(k)Noise insulation means the protection of persons within buildings from excessive noise, however generated, originating within or without such buildings.
(l)Nuisance means any nuisance defined pursuant to Part 3 (commencing with Section 3479) of Division 4 of the Civil Code, or any other form of nuisance recognized at common law or in equity.
(m)Public entity has the same meaning as defined in Section 811.2 of the Government Code.
(n)Substandard building means any building, including any building used for human habitation, that is declared substandard pursuant to Section 17920.3.
(o)Testing agency means an agency approved by the department as qualified and equipped for testing of products, materials, equipment, and installations in accordance with nationally recognized standards.
SEC. 4.Section 17920.3 of the Health and Safety Code is amended to read:17920.3.Any building or portion thereof, including any dwelling unit, guestroom or suite of rooms, or the premises on which the same is located, in which there exists any of the following listed conditions to an extent that endangers the life, limb, health, property, safety, or welfare of the occupants of the building, nearby residents, or the public shall be deemed and hereby is declared to be a substandard building:
(a)Inadequate sanitation shall include, but not be limited to, the following:
(1)Lack of, or improper water closet, lavatory, or bathtub or shower in a dwelling unit.
(2)Lack of, or improper water closets, lavatories, and bathtubs or showers per number of guests in a hotel.
(3)Lack of, or improper kitchen sink.
(4)Lack of hot and cold running water to plumbing fixtures in a hotel.
(5)Lack of hot and cold running water to plumbing fixtures in a dwelling unit.
(6)Lack of adequate heating.
(7)Lack of, or improper operation of required ventilating equipment.
(8)Lack of minimum amounts of natural light and ventilation required by this code.
(9)Room and space dimensions less than required by this code.
(10)Lack of required electrical lighting.
(11)Dampness of habitable rooms.
(12)Infestation of insects, vermin, or rodents as determined by a health officer or, if an agreement does not exist with an agency that has a health officer, the infestation can be determined by a code enforcement officer, as defined in Section 829.5 of the Penal Code, upon successful completion of a course of study in the appropriate subject matter as determined by the local jurisdiction.
(13)Visible mold growth, as determined by a health officer or a code enforcement officer, as defined in Section 829.5 of the Penal Code, excluding the presence of mold that is minor and found on surfaces that can accumulate moisture as part of their properly functioning and intended use.
(14)General dilapidation or improper maintenance.
(15)Lack of connection to required sewage disposal system.
(16)Lack of adequate garbage and rubbish storage and removal facilities, as determined by a health officer or, if an agreement does not exist with an agency that has a health officer, the lack of adequate garbage and rubbish removal facilities can be determined by a code enforcement officer as defined in Section 829.5 of the Penal Code.
(b)Structural hazards shall include, but not be limited to, the following:
(1)Deteriorated or inadequate foundations.
(2)Defective or deteriorated flooring or floor supports.
(3)Flooring or floor supports of insufficient size to carry imposed loads with safety.
(4)Members of walls, partitions, or other vertical supports that split, lean, list, or buckle due to defective material or deterioration.
(5)Members of walls, partitions, or other vertical supports that are of insufficient size to carry imposed loads with safety.
(6)Members of ceilings, roofs, ceiling and roof supports, or other horizontal members which sag, split, or buckle due to defective material or deterioration.
(7)Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety.
(8)Fireplaces or chimneys which list, bulge, or settle due to defective material or deterioration.
(9)Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety.
(c)Any nuisance.
(d)All wiring, except that which conformed with all applicable laws in effect at the time of installation if it is currently in good and safe condition and working properly.
(e)All plumbing, except plumbing that conformed with all applicable laws in effect at the time of installation and has been maintained in good condition, or that may not have conformed with all applicable laws in effect at the time of installation but is currently in good and safe condition and working properly, and that is free of cross connections and siphonage between fixtures.
(f)All mechanical equipment, including vents, except equipment that conformed with all applicable laws in effect at the time of installation and that has been maintained in good and safe condition, or that may not have conformed with all applicable laws in effect at the time of installation but is currently in good and safe condition and working properly.
(g)Faulty weather protection, which shall include, but not be limited to, the following:
(1)Deteriorated, crumbling, or loose plaster.
(2)Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations, or floors, including broken windows or doors.
(3)Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering.
(4)Broken, rotted, split, or buckled exterior wall coverings or roof coverings.
(h)Any building or portion thereof, device, apparatus, equipment, combustible waste, or vegetation that, in the opinion of the chief of the fire department or his or her deputy, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause.
(i)All materials of construction, except those that are specifically allowed or approved by this code, and that have been adequately maintained in good and safe condition.
(j)Those premises on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rodent harborages, stagnant water, combustible materials, and similar materials or conditions constitute fire, health, or safety hazards.
(k)Any building or portion thereof that is determined to be an unsafe building due to inadequate maintenance, in accordance with the latest edition of the Uniform Building Code.
(l)All buildings or portions thereof not provided with adequate exit facilities as required by this code, except those buildings or portions thereof whose exit facilities conformed with all applicable laws at the time of their construction and that have been adequately maintained and increased in relation to any increase in occupant load, alteration or addition, or any change in occupancy.
When an unsafe condition exists through lack of, or improper location of, exits, additional exits may be required to be installed.
(m)All buildings or portions thereof that are not provided with the fire-resistive construction or fire-extinguishing systems or equipment required by this code, except those buildings or portions thereof that conformed with all applicable laws at the time of their construction and whose fire-resistive integrity and fire-extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy.
(n)All buildings or portions thereof occupied for living, sleeping, cooking, or dining purposes that were not designed or intended to be used for those occupancies.
(o)Inadequate structural resistance to horizontal forces.
For the purposes of this part, a residential building or any other building used for human habitation, regardless of the zoning designation or approved use of the building, may be declared to be substandard if it meets any of the conditions in this section. This definition is not intended to allow any change of land use not otherwise approved by the local jurisdiction.
Substandard building includes a building not in compliance with Section 13143.2.
However, a condition that would require displacement of sound walls or ceilings to meet height, length, or width requirements for ceilings, rooms, and dwelling units shall not by itself be considered sufficient existence of dangerous conditions making a building a substandard building, unless the building was constructed, altered, or converted in violation of those requirements in effect at the time of construction, alteration, or conversion.
SEC. 5.Section 17975 of the Health and Safety Code is amended to read:17975.(a)Any tenant who is displaced or subject to displacement from a residential rental unit as a result of an order to vacate or an order requiring the vacation of a residential unit by a local enforcement agency as a result of a violation so extensive and of such a nature that the immediate health and safety of the residents is endangered, shall be entitled to receive relocation benefits from the owner as specified in this article. The local enforcement agency shall determine the eligibility of tenants for benefits pursuant to this article.
(b)For the purposes of this article, residential rental unit includes any unit rented for human habitation, regardless of the zoning designation or approved use of the building, that is located in a building that is deemed or found to be a substandard building. This definition is not intended to allow any change of land use not otherwise approved by the local jurisdiction.
SEC. 6.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 to, this part, the building standards published in the California Building Standards Code, municipal code, municipal building and fire codes, 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 occupants of the building, nearby residents, or the public, 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 building or any other building used for human habitation 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 or any other building used for human habitation 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 jurisdictions housing element.
(d)(1)Notwithstanding subdivision (c) and notwithstanding local ordinances, the enforcement agency shall provide tenants in a residential building or any other building used for human habitation 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 agencys 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 unit by the enforcement agency that issued the order or notice, in the manner prescribed by subdivision (a) of Section 17980.6.
(3)An enforcement agency shall post conspicuously at least one copy of each document described in paragraph (1) on the building alleged to have become substandard.
(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)(1)Unless an enforcement agency concludes that the time needed to include the information specified in this subdivision would prevent the enforcement agency from acting to prevent an immediate danger to the health or safety of the occupants of the building, nearby residents, or the public, an enforcement agency that issues any notice to correct violations or to abate nuisances pursuant to this part shall include all of the following information in that notice:
(A)A reasonably specific identification of fixtures or structural features that need to be corrected or abated, and an identification of what repairs are required to correct those violations.
(B)A reasonably specific identification of provisions of the California Building Standards Code, or any additions or deletions adopted by the applicable city or county pursuant to Sections 17958 to 17958.11, inclusive, that have been violated.
(2)It is not the intent of this subdivision to preclude the enforcement of this part in the event an enforcement agency fails to strictly comply with these provisions.
(g)The enforcement agency may charge the owner of the building for its postage staff time, postage, or mileage cost for sending or posting the notices required to be given by this section.
(h)If the enforcement agency determines that there is an infestation pursuant to paragraph (12) of subdivision (a) of Section 17920.3 or Section 116130, the enforcement agencys 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.
(i)For purposes of this article, petition includes a complaint.
SEC. 7.Section 17980.6 of the Health and Safety Code is amended to read:17980.6.If any building is maintained in a manner that violates any provisions of this part, the building standards published in the California Building Standards Code relating to the provisions of this part, any other rule or regulation adopted pursuant to the provisions of this part, municipal code, municipal building and fire codes, or any provision in a local ordinance that is similar to a provision in this part, and the violations are so extensive and of such a nature that the health and safety of the occupants of the building, nearby residents, or the public is substantially endangered, the enforcement agency may issue an order or notice to repair or abate pursuant to this part. Any order or notice pursuant to this subdivision shall be provided either by both posting a copy of the order or notice in a conspicuous place on the property and by first-class mail to each affected unit used for human habitation, or by posting a copy of the order or notice in a conspicuous place on the property and in a prominent place on each affected unit. The order or notice shall include, but is not limited to, all of the following:
(a)The name, address, and telephone number of the agency that issued the notice or order.
(b)The date, time, and location of any public hearing or proceeding concerning the order or notice.
(c)Information that the lessor cannot retaliate against a lessee pursuant to Section 1942.5 of the Civil Code.
(d)The information required in subdivision (f) of Section 17980, consistent with the provisions of that subdivision.
SEC. 8.Section 17980.7 of the Health and Safety Code is amended to read:17980.7.If the owner fails to comply within a reasonable time with the terms of the order or notice issued pursuant to Section 17980.6, the following provisions shall apply:
(a)The enforcement agency may seek and the court may order imposition of the penalties provided for under Chapter 6 (commencing with Section 17995).
(b)(1)The enforcement agency may seek and the court may order the owner to not claim any deduction with respect to state taxes for interest, taxes, expenses, depreciation, or amortization paid or incurred with respect to the cited structure, in the taxable year of the initial order or notice, in lieu of the enforcement agency processing a violation in accordance with Sections 17274 and 24436.5 of the Revenue and Taxation Code.
(2)If the owner fails to comply with the terms of the order or notice to correct the condition that caused the violation pursuant to Section 17980.6, the court may order the owner to not claim these tax benefits for the following year.
(c)The enforcement agency, tenant, or tenant association or organization may seek and the court shall order, unless there is clear and convincing evidence to the contrary, the appointment of a receiver for the substandard building pursuant to this subdivision. In its petition to the court, the enforcement agency, tenant, or tenant association or organization shall include proof that notice of the petition was served not less than three days prior to filing the petition, pursuant to Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure, to all persons with a recorded interest in the real property upon which the substandard building exists. The appointment of a receiver for the substandard building pursuant to another provision of law shall not prevent the enforcement agency from seeking, and the court appointing or replacing, a receiver pursuant to this section in addition to, or in lieu of, another provision of law.
(1)In appointing a receiver, the court shall consider whether the owner has been afforded a reasonable opportunity to correct the conditions cited in the notice of violation.
(2)The court shall not appoint any person as a receiver unless the person has demonstrated to the court his or her capacity and expertise to develop and supervise a viable financial and construction plan for the satisfactory rehabilitation of the building. A court may appoint as a receiver a nonprofit organization or community development corporation. In addition to the duties and powers that may be granted pursuant to this section, the nonprofit organization or community development corporation may also apply for grants to assist in the rehabilitation of the building.
(3)If a receiver is appointed, the owner and his or her agent of the substandard building shall be enjoined from collecting rents from the tenants, interfering with the receiver in the operation of the substandard building, and encumbering or transferring the substandard building or real property upon which the building is situated.
(4)Any receiver appointed pursuant to this section shall have all of the following powers and duties in the order of priority listed in this paragraph, unless the court otherwise permits:
(A)To take full and complete control of the substandard property.
(B)To manage the substandard building and pay expenses of the operation of the substandard building and real property upon which the building is located, including taxes, insurance, utilities, general maintenance, and debt secured by an interest in the real property.
(C)To secure a cost estimate and construction plan from a licensed contractor for the repairs necessary to correct the conditions cited in the notice of violation.
(D)To enter into contracts and employ a licensed contractor as necessary to correct the conditions cited in the notice of violation.
(E)To collect all rents and income from the substandard building.
(F)To use all rents and income from the substandard building to pay for the cost of rehabilitation and repairs determined by the court as necessary to correct the conditions cited in the notice of violation.
(G)To borrow funds to pay for repairs necessary to correct the conditions cited in the notice of violation and to borrow funds to pay for any relocation benefits authorized by paragraph (6) and, with court approval, secure that debt and any moneys owed to the receiver for services performed pursuant to this section with a lien on the real property upon which the substandard building is located. The lien shall be recorded in the county recorders office in the county within which the building is located.
(H)To exercise the powers granted to receivers under Section 568 of the Code of Civil Procedure.
(5)The receiver shall be entitled to the same fees, commissions, and necessary expenses as receivers in actions to foreclose mortgages.
(6)If the conditions of the premises or the repair or rehabilitation thereof significantly affect the safe and sanitary use of the substandard building by any tenant, to the extent that the tenant cannot safely reside in his or her unit, then the receiver shall provide relocation benefits in accordance with subparagraph (A) of paragraph (3) of subdivision (d).
(7)The relocation compensation provided for in this section shall not preempt any local ordinance that provides for greater relocation assistance.
(8)In addition to any reporting required by the court, the receiver shall prepare monthly reports to the state or local enforcement agency which shall contain information on at least the following items:
(A)The total amount of rent payments received.
(B)Nature and amount of contracts negotiated relative to the operation or repair of the property.
(C)Payments made toward the repair of the premises.
(D)Progress of necessary repairs.
(E)Other payments made relative to the operation of the building.
(F)Amount of tenant relocation benefits paid.
(9)The receiver shall be discharged when the conditions cited in the notice of violation have been remedied in accordance with the court order or judgment and a complete accounting of all costs and repairs has been delivered to the court. Upon removal of the condition, the owner, the mortgagee, or any lienor of record may apply for the discharge of all moneys not used by the receiver for removal of the condition and all other costs authorized by this section.
(10)After discharging the receiver, the court may retain jurisdiction for a time period not to exceed 18 consecutive months, and require the owner and the enforcement agency responsible for enforcing Section 17980 to report to the court in accordance with a schedule determined by the court.
(11)The prevailing party in an action pursuant to this section shall be entitled to reasonable attorneys fees and court costs as may be fixed by the court.
(12)The county recorder may charge and collect fees for the recording of all notices and other documents required by this section pursuant to Article 5 (commencing with Section 27360) of Chapter 6 of Division 2 of Title 3 of the Government Code.
(13)This section shall not be construed to limit those rights available to tenants and owners under any other provision of the law.
(14)This section shall not be construed to deprive an owner of a substandard building of all procedural due process rights guaranteed by the California Constitution and the United States Constitution, including, but not limited to, receipt of notice of the violation claimed and an adequate and reasonable period of time to comply with any orders which are issued by the enforcement agency or the court.
(15)Upon the request of a receiver, a court may require the owner of the property to pay all unrecovered costs associated with the receivership in addition to any other remedy authorized by law.
(d)If the court finds that a building is in a condition which substantially endangers the health and safety of the occupants of the building, nearby residents, or the public pursuant to Section 17980.6, upon the entry of any order or judgment, the court shall do all of the following:
(1)Order the owner to pay all reasonable and actual costs of the enforcement agency including, but not limited to, inspection costs, investigation costs, enforcement costs, attorney fees or costs, and all costs of prosecution.
(2)Order that the local enforcement agency shall provide the tenant with notice of the court order or judgment.
(3)(A)Order that if the owner undertakes repairs or rehabilitation as a result of being cited for a notice under this chapter, and if the conditions of the premises or the repair or rehabilitation thereof significantly affect the safe and sanitary use of the premises by any lawful tenant, so that the tenant cannot safely reside in the premises, then the owner shall provide or pay relocation benefits to each lawful tenant. These benefits shall consist of actual reasonable moving and storage costs and relocation compensation. The actual moving and storage costs shall consist of all of the following:
(i)Transportation of the tenants personal property to the new location. The new location shall be in close proximity to the substandard premises, except where relocation to a new location beyond a close proximity is determined by the court to be justified.
(ii)Packing, crating, unpacking, and uncrating the tenants personal property.
(iii)Insurance of the tenants property while in transit.
(iv)The reasonable replacement value of property lost, stolen, or damaged (not through the fault or negligence of the displaced person, his or her agent or employee) in the process of moving, where insurance covering the loss, theft, or damage is not reasonably available.
(v)The cost of disconnecting, dismantling, removing, reassembling, reconnecting, and reinstalling machinery, equipment, or other personal property of the tenant, including connection charges imposed by utility companies for starting utility service.
(B)(i)The relocation compensation shall be an amount equal to the differential between the contract rent and the fair market rental value determined by the federal Department of Housing and Urban Development for a unit of comparable size within the area for the period that the unit is being repaired, not to exceed 120 days.
(ii)If the court finds that a tenant has been substantially responsible for causing or substantially contributing to the substandard conditions, then the relocation benefits of this section shall not be paid to this tenant. Each other tenant on the premises who has been ordered to relocate due to the substandard conditions and who is not substantially responsible for causing or contributing to the conditions shall be paid these benefits and moving costs at the time that he or she actually relocates.
(4)Determine the date when the tenant is to relocate, and order the tenant to notify the enforcement agency and the owner of the address of the premises to which he or she has relocated within five days after the relocation.
(5)(A)Order that the owner shall offer the first right to occupancy of the premises to each tenant who received benefits pursuant to subparagraph (A) of paragraph (3), before letting the unit for rent to a third party. The owners offer on the first right to occupancy to the tenant shall be in writing, and sent by first-class certified mail to the address given by the tenant at the time of relocation. If the owner has not been provided the tenants address by the tenant as prescribed by this section, the owner shall not be required to provide notice under this section or offer the tenant the right to return to occupancy.
(B)The tenant shall notify the owner in writing that he or she will occupy the unit. The notice shall be sent by first-class certified mail no later than 10 days after the notice has been mailed by the owner.
(6)Order that failure to comply with any abatement order under this chapter shall be punishable by civil contempt, penalties under Chapter 6 (commencing with Section 17995), and any other penalties and fines as are available.
(e)The initiation of a proceeding or entry of a judgment pursuant to this section or Section 17980.6 shall be deemed to be a proceeding or judgment as provided by paragraph (4) or (5) of subdivision (a) of Section 1942.5 of the Civil Code.
(f)The term owner, for the purposes of this section, shall include the owner, including any public entity that owns real property used for human habitation, at the time of the initial notice or order and any successor in interest who had actual or constructive knowledge of the notice, order, or prosecution.
(g)These remedies shall be in addition to those provided by any other law.
(h)This section and Section 17980.6 shall not impair the rights of an owner exercising his or her rights established pursuant to Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code.
SEC. 9.Section 17980.11 of the Health and Safety Code is amended to read:17980.11.If an enforcement agency has recorded with a county recorder any notice of substandard or untenantable conditions issued pursuant to this part for a structure used for human habitation, and if the enforcement agency anticipates that it will pursue the remedies provided by subdivision (b) of Section 17980.7 or subdivision (c) of Section 17980.9, or Section 17274 or 24436.5 of the Revenue and Taxation Code, it may require the private owner of that structure, within 10 days of recordation, to submit to the enforcement agency the following information:
(a)If the property owner is an individual, the name, address, drivers license number or identification card number, social security number or tax identification number, and any other information deemed necessary by the enforcement agency to file the documents necessary to utilize Section 17274 of the Revenue and Taxation Code.
(b)If the property owner is a corporation, trust, real estate trust, or any other entity whose taxes are subject to Part 11 (commencing with Section 23001) of the Revenue and Taxation Code, the name, address, tax identification number, and any other information deemed necessary by the enforcement agency to file the documents necessary to utilize Section 24436.5 of the Revenue and Taxation Code.
(c)If the property owner is a limited liability company, partnership, limited partnership, trust, or real estate investment trust, or any other entity which has owners, partners, members, or investors whose state taxes are subject to Part 10 (commencing with Section 17001) of the Revenue and Taxation Code and whose income, deductions, or tax credits are subject to any change because of interest payments, taxes, depreciation, or amortization related to the substandard housing, the name, address, drivers license number or identification card number, social security number or tax identification number, and any other information deemed necessary by the enforcement agency to file the documents necessary to utilize Section 17274 of the Revenue and Taxation Code.
SEC. 10.Section 17992 of the Health and Safety Code is amended to read:17992.Any person who obtains an ownership interest in any property after a notice of pendency of an action or proceeding was recorded with respect to the property pursuant to Section 17985 or any other notice of a violation of this part was recorded with the county recorder of the county in which the property is located, and where there has been no withdrawal or expungement of the notice, shall be subject to any order to correct a violation, including time limitations, specified in a citation issued pursuant to Sections 17980 and 17981 or any other notice of a violation of this part that was recorded with the county recorder of the county in which the property is located, as well as any costs and fees of the receiver or enforcement agency, as applicable.
SEC. 11.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
However, if the Commission on State Mandates determines that this act contains other 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.
(a)Each entity responsible for enforcement of building standards and other regulations of the State Fire Marshal pursuant to Section 13146 shall, at least every five years, inspect all structures within the entitys responsibility that are in the Factory Industrial Group F, High-Hazard Group H, and Storage Group S occupancy classifications, as described in Sections 306, 307, and 311 of Chapter 3 of the 2016 edition of the California Building Standards Code, or the applicable provisions of a successor edition of that code, for compliance with those regulations, or, if applicable, compliance with more stringent or restrictive regulations that are adopted by a city, county, or fire protection district consistent with this division.
(b)An entity that inspects a structure pursuant to subdivision (a) may charge and collect a fee from the owner of the structure for the inspection and for related fire and life safety activities. Any fee collected pursuant to this subdivision shall be in an amount, as determined by the entity, sufficient to recover, but not exceed, the reasonable costs to the entity of performing the inspection or fire and life safety activities.
SEC. 2.Section 13149 is added to the Health and Safety Code, to read:13149.(a)For purposes of this section, the following terms have the following meanings:
(1)Inspection means inspection of a structure for compliance with building standards and other regulations identified in Section 13146, or, if applicable, more stringent or restrictive regulations adopted by a local agency consistent with this division.
(2)Local agency means a city, county, or fire protection district.
(3)Occupancy classification means a buildings occupancy classification pursuant to Chapter 3 of the 2016 edition of the California Building Standards Code, or the applicable provisions of a successor edition of that code.
(b)Each local agency responsible for enforcement of building standards and other regulations of the State Fire Marshal pursuant to Section 13146 shall annually submit to the State Fire Marshal a report containing the following information:
(1)The total number of structures within the local agencys responsibility, categorized by occupancy classification and required frequency of inspection pursuant to this division or other state or local law or regulations, as applicable.
(2)Of the structures specified in paragraph (1), the number that are overdue for inspection.
(c)The State Fire Marshal shall post each report submitted pursuant to subdivision (b) on the Internet Web site of the Office of the State Fire Marshal.
SEC. 3.Section 17920 of the Health and Safety Code is amended to read:17920.As used in this part:
(a)Approved means acceptable to the department.
(b)Building means a structure subject to this part.
(c)Building standard means building standard as defined in Section 18909.
(d)Department means the Department of Housing and Community Development.
(e)Enforcement means diligent effort to secure compliance, including review of plans and permit applications, response to complaints, citation of violations, and other legal process. Except as otherwise provided in this part, enforcement may, but need not, include inspections of existing buildings on which no complaint or permit application has been filed, and effort to secure compliance as to these existing buildings.
(f)Fire protection district means any special district, or any other municipal or public corporation or district, which is authorized by law to provide fire protection and prevention services.
(g)Labeled means equipment or materials to which has been attached a label, symbol, or other identifying mark of an organization, approved by the department, that maintains a periodic inspection program of production of labeled products, installations, equipment, or materials and by whose labeling the manufacturer indicates compliance with appropriate standards or performance in a specified manner.
(h)Listed means all products that appear in a list published by an approved testing or listing agency.
(i)Listing agency means an agency approved by the department that is in the business of listing and labeling products, materials, equipment, and installations tested by an approved testing agency, and that maintains a periodic inspection program on current production of listed products, equipment, and installations, and that, at least annually, makes available a published report of these listings.
(j)Mold means microscopic organisms or fungi that can grow in damp conditions in the interior of a building.
(k)Noise insulation means the protection of persons within buildings from excessive noise, however generated, originating within or without such buildings.
(l)Nuisance means any nuisance defined pursuant to Part 3 (commencing with Section 3479) of Division 4 of the Civil Code, or any other form of nuisance recognized at common law or in equity.
(m)Public entity has the same meaning as defined in Section 811.2 of the Government Code.
(n)Substandard building means any building, including any building used for human habitation, that is declared substandard pursuant to Section 17920.3.
(o)Testing agency means an agency approved by the department as qualified and equipped for testing of products, materials, equipment, and installations in accordance with nationally recognized standards.
SEC. 4.Section 17920.3 of the Health and Safety Code is amended to read:17920.3.Any building or portion thereof thereof, including any dwelling unit, guestroom or suite of rooms, or the premises on which the same is located, in which there exists any of the following listed conditions to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof occupants of the building, nearby residents, or the public shall be deemed and hereby is declared to be a substandard building:
(a)Inadequate sanitation shall include, but not be limited to, the following:
(1)Lack of, or improper water closet, lavatory, or bathtub or shower in a dwelling unit.
(2)Lack of, or improper water closets, lavatories, and bathtubs or showers per number of guests in a hotel.
(3)Lack of, or improper kitchen sink.
(4)Lack of hot and cold running water to plumbing fixtures in a hotel.
(5)Lack of hot and cold running water to plumbing fixtures in a dwelling unit.
(6)Lack of adequate heating.
(7)Lack of, or improper operation of required ventilating equipment.
(8)Lack of minimum amounts of natural light and ventilation required by this code.
(9)Room and space dimensions less than required by this code.
(10)Lack of required electrical lighting.
(11)Dampness of habitable rooms.
(12)Infestation of insects, vermin, or rodents as determined by a health officer or, if an agreement does not exist with an agency that has a health officer, the infestation can be determined by a code enforcement officer, as defined in Section 829.5 of the Penal Code, upon successful completion of a course of study in the appropriate subject matter as determined by the local jurisdiction.
(13)Visible mold growth, as determined by a health officer or a code enforcement officer, as defined in Section 829.5 of the Penal Code, excluding the presence of mold that is minor and found on surfaces that can accumulate moisture as part of their properly functioning and intended use.
(14)General dilapidation or improper maintenance.
(15)Lack of connection to required sewage disposal system.
(16)Lack of adequate garbage and rubbish storage and removal facilities, as determined by a health officer or, if an agreement does not exist with an agency that has a health officer, the lack of adequate garbage and rubbish removal facilities can be determined by a code enforcement officer as defined in Section 829.5 of the Penal Code.
(b)Structural hazards shall include, but not be limited to, the following:
(1)Deteriorated or inadequate foundations.
(2)Defective or deteriorated flooring or floor supports.
(3)Flooring or floor supports of insufficient size to carry imposed loads with safety.
(4)Members of walls, partitions, or other vertical supports that split, lean, list, or buckle due to defective material or deterioration.
(5)Members of walls, partitions, or other vertical supports that are of insufficient size to carry imposed loads with safety.
(6)Members of ceilings, roofs, ceiling and roof supports, or other horizontal members which sag, split, or buckle due to defective material or deterioration.
(7)Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety.
(8)Fireplaces or chimneys which list, bulge, or settle due to defective material or deterioration.
(9)Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety.
(c)Any nuisance.
(d)All wiring, except that which conformed with all applicable laws in effect at the time of installation if it is currently in good and safe condition and working properly.
(e)All plumbing, except plumbing that conformed with all applicable laws in effect at the time of installation and has been maintained in good condition, or that may not have conformed with all applicable laws in effect at the time of installation but is currently in good and safe condition and working properly, and that is free of cross connections and siphonage between fixtures.
(f)All mechanical equipment, including vents, except equipment that conformed with all applicable laws in effect at the time of installation and that has been maintained in good and safe condition, or that may not have conformed with all applicable laws in effect at the time of installation but is currently in good and safe condition and working properly.
(g)Faulty weather protection, which shall include, but not be limited to, the following:
(1)Deteriorated, crumbling, or loose plaster.
(2)Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations, or floors, including broken windows or doors.
(3)Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering.
(4)Broken, rotted, split, or buckled exterior wall coverings or roof coverings.
(h)Any building or portion thereof, device, apparatus, equipment, combustible waste, or vegetation that, in the opinion of the chief of the fire department or his or her deputy, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause.
(i)All materials of construction, except those that are specifically allowed or approved by this code, and that have been adequately maintained in good and safe condition.
(j)Those premises on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rodent harborages, stagnant water, combustible materials, and similar materials or conditions constitute fire, health, or safety hazards.
(k)Any building or portion thereof that is determined to be an unsafe building due to inadequate maintenance, in accordance with the latest edition of the Uniform Building Code.
(l)All buildings or portions thereof not provided with adequate exit facilities as required by this code, except those buildings or portions thereof whose exit facilities conformed with all applicable laws at the time of their construction and that have been adequately maintained and increased in relation to any increase in occupant load, alteration or addition, or any change in occupancy.
When an unsafe condition exists through lack of, or improper location of, exits, additional exits may be required to be installed.
(m)All buildings or portions thereof that are not provided with the fire-resistive construction or fire-extinguishing systems or equipment required by this code, except those buildings or portions thereof that conformed with all applicable laws at the time of their construction and whose fire-resistive integrity and fire-extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy.
(n)All buildings or portions thereof occupied for living, sleeping, cooking, or dining purposes that were not designed or intended to be used for those occupancies.
(o)Inadequate structural resistance to horizontal forces.
For the purposes of this part, a residential building or any other building used for human habitation, regardless of the zoning designation or approved use of the building, may be declared to be substandard if it meets any of the conditions in this section. This definition is not intended to allow any change of land use not otherwise approved by the local jurisdiction.
Substandard building includes a building not in compliance with Section 13143.2.
However, a condition that would require displacement of sound walls or ceilings to meet height, length, or width requirements for ceilings, rooms, and dwelling units shall not by itself be considered sufficient existence of dangerous conditions making a building a substandard building, unless the building was constructed, altered, or converted in violation of those requirements in effect at the time of construction, alteration, or conversion.
SEC. 5.Section 17975 of the Health and Safety Code is amended to read:17975.(a)Any tenant who is displaced or subject to displacement from a residential rental unit as a result of an order to vacate or an order requiring the vacation of a residential unit by a local enforcement agency as a result of a violation so extensive and of such a nature that the immediate health and safety of the residents is endangered, shall be entitled to receive relocation benefits from the owner as specified in this article. The local enforcement agency shall determine the eligibility of tenants for benefits pursuant to this article.
(b)For the purposes of this article, residential rental unit includes any unit rented by a tenant for human habitation, regardless of the zoning designation or approved use of the building, that is located in a building that is deemed or found to be a substandard building. This definition is not intended to allow any change of land use not otherwise approved by the local jurisdiction.
SEC. 6.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, municipal code, municipal building and fire codes, 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, occupants of the building, nearby residents, or the public, 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 property residential building or any other building used for human habitation 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 or any other building used for human habitation 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 jurisdictions housing element.
(d)(1)Notwithstanding subdivision (c) and notwithstanding local ordinances, the enforcement agency shall provide tenants in a residential building or any other building used for human habitation 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 agencys 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 unit by the enforcement agency that issued the order or notice, in the manner prescribed by subdivision (a) of Section 17980.6.
(3)An enforcement agency shall post conspicuously at least one copy of each document described in paragraph (1) on the building alleged to have become substandard.
(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)(1)Except as provided in paragraph (2), Unless an enforcement agency concludes that the time needed to include the information specified in this subdivision would prevent the enforcement agency from acting to prevent an immediate danger to the health or safety of the occupants of the building, nearby residents, or the public, an enforcement agency that issues any notice to correct violations or to abate nuisances pursuant to this part shall include all of the following information in that notice:
(A)An A reasonably specific identification of specific fixtures or structures structural features that need to be corrected or abated by repair, abated, and an identification of what repairs are required to correct those violations.
(B)An A reasonably specific identification of specific provisions of the California Building Standards Code, or any additions or deletions adopted by the applicable city or county pursuant to Section Sections 17958 to 17958.11, inclusive, that have been violated.
(2)Notwithstanding paragraph (1), an enforcement agency may issue a notice that does not comply with the requirements of paragraph (1) if the enforcement agency concludes that the time necessary to prepare the notice to include that enforcement would prevent the enforcement agency from acting to prevent or remedy an immediate threat to the health and safety of the public or to occupants of the structure. If an enforcement agency does not include the information required in paragraph (1) pursuant to the previous sentence, the enforcement agency shall, within 10 calendar days after issuing the original notice, issue a revised notice that includes all information required in paragraph (1).(2)It is not the intent of this subdivision to preclude the enforcement of this part in the event an enforcement agency fails to strictly comply with these provisions.
(g)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.
(h)If the enforcement agency determines that there is an infestation pursuant to paragraph (12) of subdivision (a) of Section 17920.3 or Section 116130, the enforcement agencys 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.
(i)For purposes of this article, petition includes a complaint.
SEC. 7.Section 17980.6 of the Health and Safety Code is amended to read:17980.6.If any building is maintained in a manner that violates any provisions of this part, the building standards published in the State California Building Standards Code relating to the provisions of this part, any other rule or regulation adopted pursuant to the provisions of this part, municipal code, municipal building and fire codes, or any provision in a local ordinance that is similar to a provision in this part, and the violations are so extensive and of such a nature that the health and safety of residents or the the occupants of the building, nearby residents, or the public is substantially endangered, the enforcement agency may issue an order or notice to repair or abate pursuant to this part. Any order or notice pursuant to this subdivision shall be provided either by both posting a copy of the order or notice in a conspicuous place on the property and by first-class mail to each affected unit used for human habitation, or by posting a copy of the order or notice in a conspicuous place on the property and in a prominent place on each affected unit. The order or notice shall include, but is not limited to, all of the following:
(a)The name, address, and telephone number of the agency that issued the notice or order.
(b)The date, time, and location of any public hearing or proceeding concerning the order or notice.
(c)Information that the lessor cannot retaliate against a lessee pursuant to Section 1942.5 of the Civil Code.
(d)The information required in subdivision (f) of Section 17980, consistent with the provisions of that subdivision.
SEC. 8.Section 17980.7 of the Health and Safety Code is amended to read:17980.7.If the owner fails to comply within a reasonable time with the terms of the order or notice issued pursuant to Section 17980.6, the following provisions shall apply:
(a)The enforcement agency may seek and the court may order imposition of the penalties provided for under Chapter 6 (commencing with Section 17995).
(b)(1)The enforcement agency may seek and the court may order the owner to not claim any deduction with respect to state taxes for interest, taxes, expenses, depreciation, or amortization paid or incurred with respect to the cited structure, in the taxable year of the initial order or notice, in lieu of the enforcement agency processing a violation in accordance with Sections 17274 and 24436.5 of the Revenue and Taxation Code.
(2)If the owner fails to comply with the terms of the order or notice to correct the condition that caused the violation pursuant to Section 17980.6, the court may order the owner to not claim these tax benefits for the following year.
(c)The enforcement agency, tenant, or tenant association or organization may seek and the court shall order, unless there is clear and convincing evidence to the contrary, the appointment of a receiver for the substandard building pursuant to this subdivision. In its petition to the court, the enforcement agency, tenant, or tenant association or organization shall include proof that notice of the petition was served not less than three days prior to filing the petition, pursuant to Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure, to all persons with a recorded interest in the real property upon which the substandard building exists. The appointment of a receiver for the substandard building pursuant to another provision of law shall not prevent the enforcement agency from seeking, and the court appointing or replacing, a receiver pursuant to this section in addition to, or in lieu of, another provision of law.
(1)In appointing a receiver, the court shall consider whether the owner has been afforded a reasonable opportunity to correct the conditions cited in the notice of violation.
(2)The court shall not appoint any person as a receiver unless the person has demonstrated to the court his or her capacity and expertise to develop and supervise a viable financial and construction plan for the satisfactory rehabilitation of the building. A court may appoint as a receiver a nonprofit organization or community development corporation. In addition to the duties and powers that may be granted pursuant to this section, the nonprofit organization or community development corporation may also apply for grants to assist in the rehabilitation of the building.
(3)If a receiver is appointed, the owner and his or her agent of the substandard building shall be enjoined from collecting rents from the tenants, interfering with the receiver in the operation of the substandard building, and encumbering or transferring the substandard building or real property upon which the building is situated.
(4)Any receiver appointed pursuant to this section shall have all of the following powers and duties in the order of priority listed in this paragraph, unless the court otherwise permits:
(A)To take full and complete control of the substandard property.
(B)To manage the substandard building and pay expenses of the operation of the substandard building and real property upon which the building is located, including taxes, insurance, utilities, general maintenance, and debt secured by an interest in the real property.
(C)To secure a cost estimate and construction plan from a licensed contractor for the repairs necessary to correct the conditions cited in the notice of violation.
(D)To enter into contracts and employ a licensed contractor as necessary to correct the conditions cited in the notice of violation.
(E)To collect all rents and income from the substandard building.
(F)To use all rents and income from the substandard building to pay for the cost of rehabilitation and repairs determined by the court as necessary to correct the conditions cited in the notice of violation.
(G)To borrow funds to pay for repairs necessary to correct the conditions cited in the notice of violation and to borrow funds to pay for any relocation benefits authorized by paragraph (6) and, with court approval, secure that debt and any moneys owed to the receiver for services performed pursuant to this section with a lien on the real property upon which the substandard building is located. The lien shall be recorded in the county recorders office in the county within which the building is located.
(H)To exercise the powers granted to receivers under Section 568 of the Code of Civil Procedure.
(5)The receiver shall be entitled to the same fees, commissions, and necessary expenses as receivers in actions to foreclose mortgages.
(6)If the conditions of the premises or the repair or rehabilitation thereof significantly affect the safe and sanitary use of the substandard building by any tenant, to the extent that the tenant cannot safely reside in his or her unit, then the receiver shall provide relocation benefits in accordance with subparagraph (A) of paragraph (3) of subdivision (d).
(7)The relocation compensation provided for in this section shall not preempt any local ordinance that provides for greater relocation assistance.
(8)In addition to any reporting required by the court, the receiver shall prepare monthly reports to the state or local enforcement agency which shall contain information on at least the following items:
(A)The total amount of rent payments received.
(B)Nature and amount of contracts negotiated relative to the operation or repair of the property.
(C)Payments made toward the repair of the premises.
(D)Progress of necessary repairs.
(E)Other payments made relative to the operation of the building.
(F)Amount of tenant relocation benefits paid.
(9)The receiver shall be discharged when the conditions cited in the notice of violation have been remedied in accordance with the court order or judgment and a complete accounting of all costs and repairs has been delivered to the court. Upon removal of the condition, the owner, the mortgagee, or any lienor of record may apply for the discharge of all moneys not used by the receiver for removal of the condition and all other costs authorized by this section.
(10)After discharging the receiver, the court may retain jurisdiction for a time period not to exceed 18 consecutive months, and require the owner and the enforcement agency responsible for enforcing Section 17980 to report to the court in accordance with a schedule determined by the court.
(11)The prevailing party in an action pursuant to this section shall be entitled to reasonable attorneys fees and court costs as may be fixed by the court.
(12)The county recorder may charge and collect fees for the recording of all notices and other documents required by this section pursuant to Article 5 (commencing with Section 27360) of Chapter 6 of Division 2 of Title 3 of the Government Code.
(13)This section shall not be construed to limit those rights available to tenants and owners under any other provision of the law.
(14)This section shall not be construed to deprive an owner of a substandard building of all procedural due process rights guaranteed by the California Constitution and the United States Constitution, including, but not limited to, receipt of notice of the violation claimed and an adequate and reasonable period of time to comply with any orders which are issued by the enforcement agency or the court.
(15)Upon the request of a receiver, a court may require the owner of the property to pay all unrecovered costs associated with the receivership in addition to any other remedy authorized by law.
(d)If the court finds that a building is in a condition which substantially endangers the health and safety of residents the occupants of the building, nearby residents, or the public pursuant to Section 17980.6, upon the entry of any order or judgment, the court shall do all of the following:
(1)Order the owner to pay all reasonable and actual costs of the enforcement agency including, but not limited to, inspection costs, investigation costs, enforcement costs, attorney fees or costs, and all costs of prosecution.
(2)Order that the local enforcement agency shall provide the tenant with notice of the court order or judgment.
(3)(A)Order that if the owner undertakes repairs or rehabilitation as a result of being cited for a notice under this chapter, and if the conditions of the premises or the repair or rehabilitation thereof significantly affect the safe and sanitary use of the premises by any lawful tenant, so that the tenant cannot safely reside in the premises, then the owner shall provide or pay relocation benefits to each lawful tenant. These benefits shall consist of actual reasonable moving and storage costs and relocation compensation. The actual moving and storage costs shall consist of all of the following:
(i)Transportation of the tenants personal property to the new location. The new location shall be in close proximity to the substandard premises, except where relocation to a new location beyond a close proximity is determined by the court to be justified.
(ii)Packing, crating, unpacking, and uncrating the tenants personal property.
(iii)Insurance of the tenants property while in transit.
(iv)The reasonable replacement value of property lost, stolen, or damaged (not through the fault or negligence of the displaced person, his or her agent or employee) in the process of moving, where insurance covering the loss, theft, or damage is not reasonably available.
(v)The cost of disconnecting, dismantling, removing, reassembling, reconnecting, and reinstalling machinery, equipment, or other personal property of the tenant, including connection charges imposed by utility companies for starting utility service.
(B)(i)The relocation compensation shall be an amount equal to the differential between the contract rent and the fair market rental value determined by the federal Department of Housing and Urban Development for a unit of comparable size within the area for the period that the unit is being repaired, not to exceed 120 days.
(ii)If the court finds that a tenant has been substantially responsible for causing or substantially contributing to the substandard conditions, then the relocation benefits of this section shall not be paid to this tenant. Each other tenant on the premises who has been ordered to relocate due to the substandard conditions and who is not substantially responsible for causing or contributing to the conditions shall be paid these benefits and moving costs at the time that he or she actually relocates.
(4)Determine the date when the tenant is to relocate, and order the tenant to notify the enforcement agency and the owner of the address of the premises to which he or she has relocated within five days after the relocation.
(5)(A)Order that the owner shall offer the first right to occupancy of the premises to each tenant who received benefits pursuant to subparagraph (A) of paragraph (3), before letting the unit for rent to a third party. The owners offer on the first right to occupancy to the tenant shall be in writing, and sent by first-class certified mail to the address given by the tenant at the time of relocation. If the owner has not been provided the tenants address by the tenant as prescribed by this section, the owner shall not be required to provide notice under this section or offer the tenant the right to return to occupancy.
(B)The tenant shall notify the owner in writing that he or she will occupy the unit. The notice shall be sent by first-class certified mail no later than 10 days after the notice has been mailed by the owner.
(6)Order that failure to comply with any abatement order under this chapter shall be punishable by civil contempt, penalties under Chapter 6 (commencing with Section 17995), and any other penalties and fines as are available.
(e)The initiation of a proceeding or entry of a judgment pursuant to this section or Section 17980.6 shall be deemed to be a proceeding or judgment as provided by paragraph (4) or (5) of subdivision (a) of Section 1942.5 of the Civil Code.
(f)The term owner, for the purposes of this section, shall include the owner, including any public entity that owns real property used for human habitation, at the time of the initial notice or order and any successor in interest who had actual or constructive knowledge of the notice, order, or prosecution.
(g)These remedies shall be in addition to those provided by any other law.
(h)This section and Section 17980.6 shall not impair the rights of an owner exercising his or her rights established pursuant to Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code.
SEC. 9.Section 17980.11 of the Health and Safety Code is amended to read:17980.11.If an enforcement agency has recorded with a county recorder any notice of substandard or untenantable conditions issued pursuant to this part for a structure used for human habitation, and if the enforcement agency anticipates that it will pursue the remedies provided by subdivision (b) of Section 17980.7 or subdivision (c) of Section 17980.9, or Section 17274 or 24436.5 of the Revenue and Taxation Code, it may require the private owner of that structure, within 10 days of recordation, to submit to the enforcement agency the following information:
(a)If the property owner is an individual, the name, address, drivers license number or identification card number, social security number or tax identification number, and any other information deemed necessary by the enforcement agency to file the documents necessary to utilize Section 17274 of the Revenue and Taxation Code.
(b)If the property owner is a corporation, trust, real estate trust, or any other entity whose taxes are subject to Part 11 (commencing with Section 23001) of the Revenue and Taxation Code, the name, address, tax identification number, and any other information deemed necessary by the enforcement agency to file the documents necessary to utilize Section 24436.5 of the Revenue and Taxation Code.
(c)If the property owner is a limited liability company, partnership, limited partnership, trust, or real estate investment trust, or any other entity which has owners, partners, members, or investors whose state taxes are subject to Part 10 (commencing with Section 17001) of the Revenue and Taxation Code and whose income, deductions, or tax credits are subject to any change because of interest payments, taxes, depreciation, or amortization related to the substandard housing, the name, address, drivers license number or identification card number, social security number or tax identification number, and any other information deemed necessary by the enforcement agency to file the documents necessary to utilize Section 17274 of the Revenue and Taxation Code.
SEC. 10.Section 17992 of the Health and Safety Code is amended to read:17992.Any person who obtains an ownership interest in any property after a notice of pendency of an action or proceeding was recorded with respect to the property pursuant to Section 17985 or any other notice of a violation of this part was recorded with the county recorder of the county in which the property is located, and where there has been no withdrawal or expungement of the notice, shall be subject to any order to correct a violation, including time limitations, specified in a citation issued pursuant to Sections 17980 and 17981 or any other notice of a violation of this part that was recorded with the county recorder of the county in which the property is located, as well as any costs and fees of the receiver or enforcement agency, as applicable.
SEC. 11.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.SEC. 11.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.However, if the Commission on State Mandates determines that this act contains other 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.(a)Each entity responsible for enforcement of building standards and other regulations of the State Fire Marshal pursuant to Section 13146 shall, at least every five years, inspect all structures within the entitys responsibility that are in the Factory Industrial Group F, High-Hazard Group H, and Storage Group S occupancy classifications, as described in Sections 306, 307, and 311 of Chapter 3 of the 2016 edition of the California Building Standards Code, or the applicable provisions of a successor edition of that code, for compliance with those regulations, or, if applicable, compliance with more stringent or restrictive regulations that are adopted by a city, county, or fire protection district consistent with this division.
(b)An entity that inspects a structure pursuant to subdivision (a) may charge and collect a fee from the owner of the structure for the inspection and for related fire and life safety activities. Any fee collected pursuant to this subdivision shall be in an amount, as determined by the entity, sufficient to recover, but not exceed, the reasonable costs to the entity of performing the inspection or fire and life safety activities.
SEC. 2.Section 13149 is added to the Health and Safety Code, to read:13149.(a)For purposes of this section, the following terms have the following meanings:
(1)Inspection means inspection of a structure for compliance with building standards and other regulations identified in Section 13146, or, if applicable, more stringent or restrictive regulations adopted by a local agency consistent with this division.
(2)Local agency means a city, county, or fire protection district.
(3)Occupancy classification means a buildings occupancy classification pursuant to Chapter 3 of the 2016 edition of the California Building Standards Code, or the applicable provisions of a successor edition of that code.
(b)Each local agency responsible for enforcement of building standards and other regulations of the State Fire Marshal pursuant to Section 13146 shall annually submit to the State Fire Marshal a report containing the following information:
(1)The total number of structures within the local agencys responsibility, categorized by occupancy classification and required frequency of inspection pursuant to this division or other state or local law or regulations, as applicable.
(2)Of the structures specified in paragraph (1), the number that are overdue for inspection.
(c)The State Fire Marshal shall post each report submitted pursuant to subdivision (b) on the Internet Web site of the Office of the State Fire Marshal.
SEC. 3.Section 17920 of the Health and Safety Code is amended to read:17920.As used in this part:
(a)Approved means acceptable to the department.
(b)Building means a structure subject to this part.
(c)Building standard means building standard as defined in Section 18909.
(d)Department means the Department of Housing and Community Development.
(e)Enforcement means diligent effort to secure compliance, including review of plans and permit applications, response to complaints, citation of violations, and other legal process. Except as otherwise provided in this part, enforcement may, but need not, include inspections of existing buildings on which no complaint or permit application has been filed, and effort to secure compliance as to these existing buildings.
(f)Fire protection district means any special district, or any other municipal or public corporation or district, which is authorized by law to provide fire protection and prevention services.
(g)Labeled means equipment or materials to which has been attached a label, symbol, or other identifying mark of an organization, approved by the department, that maintains a periodic inspection program of production of labeled products, installations, equipment, or materials and by whose labeling the manufacturer indicates compliance with appropriate standards or performance in a specified manner.
(h)Listed means all products that appear in a list published by an approved testing or listing agency.
(i)Listing agency means an agency approved by the department that is in the business of listing and labeling products, materials, equipment, and installations tested by an approved testing agency, and that maintains a periodic inspection program on current production of listed products, equipment, and installations, and that, at least annually, makes available a published report of these listings.
(j)Mold means microscopic organisms or fungi that can grow in damp conditions in the interior of a building.
(k)Noise insulation means the protection of persons within buildings from excessive noise, however generated, originating within or without such buildings.
(l)Nuisance means any nuisance defined pursuant to Part 3 (commencing with Section 3479) of Division 4 of the Civil Code, or any other form of nuisance recognized at common law or in equity.
(m)Public entity has the same meaning as defined in Section 811.2 of the Government Code.
(n)Substandard building means any building, including any building used for human habitation, that is declared substandard pursuant to Section 17920.3.
(o)Testing agency means an agency approved by the department as qualified and equipped for testing of products, materials, equipment, and installations in accordance with nationally recognized standards.
SEC. 4.Section 17920.3 of the Health and Safety Code is amended to read:17920.3.Any building or portion thereof including any dwelling unit, guestroom or suite of rooms, or the premises on which the same is located, in which there exists any of the following listed conditions to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be a substandard building:
(a)Inadequate sanitation shall include, but not be limited to, the following:
(1)Lack of, or improper water closet, lavatory, or bathtub or shower in a dwelling unit.
(2)Lack of, or improper water closets, lavatories, and bathtubs or showers per number of guests in a hotel.
(3)Lack of, or improper kitchen sink.
(4)Lack of hot and cold running water to plumbing fixtures in a hotel.
(5)Lack of hot and cold running water to plumbing fixtures in a dwelling unit.
(6)Lack of adequate heating.
(7)Lack of, or improper operation of required ventilating equipment.
(8)Lack of minimum amounts of natural light and ventilation required by this code.
(9)Room and space dimensions less than required by this code.
(10)Lack of required electrical lighting.
(11)Dampness of habitable rooms.
(12)Infestation of insects, vermin, or rodents as determined by a health officer or, if an agreement does not exist with an agency that has a health officer, the infestation can be determined by a code enforcement officer, as defined in Section 829.5 of the Penal Code, upon successful completion of a course of study in the appropriate subject matter as determined by the local jurisdiction.
(13)Visible mold growth, as determined by a health officer or a code enforcement officer, as defined in Section 829.5 of the Penal Code, excluding the presence of mold that is minor and found on surfaces that can accumulate moisture as part of their properly functioning and intended use.
(14)General dilapidation or improper maintenance.
(15)Lack of connection to required sewage disposal system.
(16)Lack of adequate garbage and rubbish storage and removal facilities, as determined by a health officer or, if an agreement does not exist with an agency that has a health officer, the lack of adequate garbage and rubbish removal facilities can be determined by a code enforcement officer as defined in Section 829.5 of the Penal Code.
(b)Structural hazards shall include, but not be limited to, the following:
(1)Deteriorated or inadequate foundations.
(2)Defective or deteriorated flooring or floor supports.
(3)Flooring or floor supports of insufficient size to carry imposed loads with safety.
(4)Members of walls, partitions, or other vertical supports that split, lean, list, or buckle due to defective material or deterioration.
(5)Members of walls, partitions, or other vertical supports that are of insufficient size to carry imposed loads with safety.
(6)Members of ceilings, roofs, ceiling and roof supports, or other horizontal members which sag, split, or buckle due to defective material or deterioration.
(7)Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety.
(8)Fireplaces or chimneys which list, bulge, or settle due to defective material or deterioration.
(9)Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety.
(c)Any nuisance.
(d)All wiring, except that which conformed with all applicable laws in effect at the time of installation if it is currently in good and safe condition and working properly.
(e)All plumbing, except plumbing that conformed with all applicable laws in effect at the time of installation and has been maintained in good condition, or that may not have conformed with all applicable laws in effect at the time of installation but is currently in good and safe condition and working properly, and that is free of cross connections and siphonage between fixtures.
(f)All mechanical equipment, including vents, except equipment that conformed with all applicable laws in effect at the time of installation and that has been maintained in good and safe condition, or that may not have conformed with all applicable laws in effect at the time of installation but is currently in good and safe condition and working properly.
(g)Faulty weather protection, which shall include, but not be limited to, the following:
(1)Deteriorated, crumbling, or loose plaster.
(2)Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations, or floors, including broken windows or doors.
(3)Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering.
(4)Broken, rotted, split, or buckled exterior wall coverings or roof coverings.
(h)Any building or portion thereof, device, apparatus, equipment, combustible waste, or vegetation that, in the opinion of the chief of the fire department or his deputy, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause.
(i)All materials of construction, except those that are specifically allowed or approved by this code, and that have been adequately maintained in good and safe condition.
(j)Those premises on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rodent harborages, stagnant water, combustible materials, and similar materials or conditions constitute fire, health, or safety hazards.
(k)Any building or portion thereof that is determined to be an unsafe building due to inadequate maintenance, in accordance with the latest edition of the Uniform Building Code.
(l)All buildings or portions thereof not provided with adequate exit facilities as required by this code, except those buildings or portions thereof whose exit facilities conformed with all applicable laws at the time of their construction and that have been adequately maintained and increased in relation to any increase in occupant load, alteration or addition, or any change in occupancy.
When an unsafe condition exists through lack of, or improper location of, exits, additional exits may be required to be installed.
(m)All buildings or portions thereof that are not provided with the fire-resistive construction or fire-extinguishing systems or equipment required by this code, except those buildings or portions thereof that conformed with all applicable laws at the time of their construction and whose fire-resistive integrity and fire-extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy.
(n)All buildings or portions thereof occupied for living, sleeping, cooking, or dining purposes that were not designed or intended to be used for those occupancies.
(o)Inadequate structural resistance to horizontal forces.
For the purposes of this part, any building used for human habitation, regardless of the zoning designation or approved use of the building, may be declared to be substandard if it meets any of the conditions in this section.
Substandard building includes a building not in compliance with Section 13143.2.
However, a condition that would require displacement of sound walls or ceilings to meet height, length, or width requirements for ceilings, rooms, and dwelling units shall not by itself be considered sufficient existence of dangerous conditions making a building a substandard building, unless the building was constructed, altered, or converted in violation of those requirements in effect at the time of construction, alteration, or conversion.
SEC. 5.Section 17975 of the Health and Safety Code is amended to read:17975.(a)Any tenant who is displaced or subject to displacement from a residential rental unit as a result of an order to vacate or an order requiring the vacation of a residential unit by a local enforcement agency as a result of a violation so extensive and of such a nature that the immediate health and safety of the residents is endangered, shall be entitled to receive relocation benefits from the owner as specified in this article. The local enforcement agency shall determine the eligibility of tenants for benefits pursuant to this article.
(b)For the purposes of this article, residential rental unit includes any unit rented by a tenant for human habitation, regardless of the zoning designation or approved use of the building, that is located in a building that is deemed or found to be a substandard building.
SEC. 6.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, municipal code, municipal building and fire codes, 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 property used for human habitation 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 building used for human habitation 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 jurisdictions housing element.
(d)(1)Notwithstanding subdivision (c) and notwithstanding local ordinances, the enforcement agency shall provide tenants in a building used for human habitation 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 agencys 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 unit by the enforcement agency that issued the order or notice, in the manner prescribed by subdivision (a) of Section 17980.6.
(3)An enforcement agency shall post conspicuously at least one copy of each document described in paragraph (1) on the building alleged to have become substandard.
(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)(1)Except as provided in paragraph (2), an enforcement agency that issues any notice to correct violations or to abate nuisances pursuant to this part shall include all of the following information in that notice:
(A)An identification of specific fixtures or structures features that need to be corrected or abated by repair, and an identification of what repairs are required to correct those violations.
(B)An identification of specific provisions of the California Building Standards Code, or any additions or deletions adopted by the applicable city or county pursuant to Section 17958 to 17958.11, inclusive, that have been violated.
(2)Notwithstanding paragraph (1), an enforcement agency may issue a notice that does not comply with the requirements of paragraph (1) if the enforcement agency concludes that the time necessary to prepare the notice to include that enforcement would prevent the enforcement agency from acting to prevent or remedy an immediate threat to the health and safety of the public or to occupants of the structure. If an enforcement agency does not include the information required in paragraph (1) pursuant to the previous sentence, the enforcement agency shall, within 10 calendar days after issuing the original notice, issue a revised notice that includes all information required in paragraph (1).
(g)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.
(h)If the enforcement agency determines that there is an infestation pursuant to paragraph (12) of subdivision (a) of Section 17920.3 or Section 116130, the enforcement agencys 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.
(i)For purposes of this article, petition includes a complaint.
SEC. 7.Section 17980.6 of the Health and Safety Code is amended to read:17980.6.If any building is maintained in a manner that violates any provisions of this part, the building standards published in the State Building Standards Code relating to the provisions of this part, any other rule or regulation adopted pursuant to the provisions of this part, municipal code, municipal building and fire codes, or any provision in a local ordinance that is similar to a provision in this part, and the violations are so extensive and of such a nature that the health and safety of residents or the public is substantially endangered, the enforcement agency may issue an order or notice to repair or abate pursuant to this part. Any order or notice pursuant to this subdivision shall be provided either by both posting a copy of the order or notice in a conspicuous place on the property and by first-class mail to each affected unit used for human habitation, or by posting a copy of the order or notice in a conspicuous place on the property and in a prominent place on each affected unit. The order or notice shall include, but is not limited to, all of the following:
(a)The name, address, and telephone number of the agency that issued the notice or order.
(b)The date, time, and location of any public hearing or proceeding concerning the order or notice.
(c)Information that the lessor cannot retaliate against a lessee pursuant to Section 1942.5 of the Civil Code.
(d)The information required in subdivision (f) of Section 17980, consistent with the provisions of that subdivision.
SEC. 8.Section 17980.7 of the Health and Safety Code is amended to read:17980.7.If the owner fails to comply within a reasonable time with the terms of the order or notice issued pursuant to Section 17980.6, the following provisions shall apply:
(a)The enforcement agency may seek and the court may order imposition of the penalties provided for under Chapter 6 (commencing with Section 17995).
(b)(1)The enforcement agency may seek and the court may order the owner to not claim any deduction with respect to state taxes for interest, taxes, expenses, depreciation, or amortization paid or incurred with respect to the cited structure, in the taxable year of the initial order or notice, in lieu of the enforcement agency processing a violation in accordance with Sections 17274 and 24436.5 of the Revenue and Taxation Code.
(2)If the owner fails to comply with the terms of the order or notice to correct the condition that caused the violation pursuant to Section 17980.6, the court may order the owner to not claim these tax benefits for the following year.
(c)The enforcement agency, tenant, or tenant association or organization may seek and the court shall order, unless there is clear and convincing evidence to the contrary, the appointment of a receiver for the substandard building pursuant to this subdivision. In its petition to the court, the enforcement agency, tenant, or tenant association or organization shall include proof that notice of the petition was served not less than three days prior to filing the petition, pursuant to Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure, to all persons with a recorded interest in the real property upon which the substandard building exists.
(1)In appointing a receiver, the court shall consider whether the owner has been afforded a reasonable opportunity to correct the conditions cited in the notice of violation.
(2)The court shall not appoint any person as a receiver unless the person has demonstrated to the court his or her capacity and expertise to develop and supervise a viable financial and construction plan for the satisfactory rehabilitation of the building. A court may appoint as a receiver a nonprofit organization or community development corporation. In addition to the duties and powers that may be granted pursuant to this section, the nonprofit organization or community development corporation may also apply for grants to assist in the rehabilitation of the building.
(3)If a receiver is appointed, the owner and his or her agent of the substandard building shall be enjoined from collecting rents from the tenants, interfering with the receiver in the operation of the substandard building, and encumbering or transferring the substandard building or real property upon which the building is situated.
(4)Any receiver appointed pursuant to this section shall have all of the following powers and duties in the order of priority listed in this paragraph, unless the court otherwise permits:
(A)To take full and complete control of the substandard property.
(B)To manage the substandard building and pay expenses of the operation of the substandard building and real property upon which the building is located, including taxes, insurance, utilities, general maintenance, and debt secured by an interest in the real property.
(C)To secure a cost estimate and construction plan from a licensed contractor for the repairs necessary to correct the conditions cited in the notice of violation.
(D)To enter into contracts and employ a licensed contractor as necessary to correct the conditions cited in the notice of violation.
(E)To collect all rents and income from the substandard building.
(F)To use all rents and income from the substandard building to pay for the cost of rehabilitation and repairs determined by the court as necessary to correct the conditions cited in the notice of violation.
(G)To borrow funds to pay for repairs necessary to correct the conditions cited in the notice of violation and to borrow funds to pay for any relocation benefits authorized by paragraph (6) and, with court approval, secure that debt and any moneys owed to the receiver for services performed pursuant to this section with a lien on the real property upon which the substandard building is located. The lien shall be recorded in the county recorders office in the county within which the building is located.
(H)To exercise the powers granted to receivers under Section 568 of the Code of Civil Procedure.
(5)The receiver shall be entitled to the same fees, commissions, and necessary expenses as receivers in actions to foreclose mortgages.
(6)If the conditions of the premises or the repair or rehabilitation thereof significantly affect the safe and sanitary use of the substandard building by any tenant, to the extent that the tenant cannot safely reside in his or her unit, then the receiver shall provide relocation benefits in accordance with subparagraph (A) of paragraph (3) of subdivision (d).
(7)The relocation compensation provided for in this section shall not preempt any local ordinance that provides for greater relocation assistance.
(8)In addition to any reporting required by the court, the receiver shall prepare monthly reports to the state or local enforcement agency which shall contain information on at least the following items:
(A)The total amount of rent payments received.
(B)Nature and amount of contracts negotiated relative to the operation or repair of the property.
(C)Payments made toward the repair of the premises.
(D)Progress of necessary repairs.
(E)Other payments made relative to the operation of the building.
(F)Amount of tenant relocation benefits paid.
(9)The receiver shall be discharged when the conditions cited in the notice of violation have been remedied in accordance with the court order or judgment and a complete accounting of all costs and repairs has been delivered to the court. Upon removal of the condition, the owner, the mortgagee, or any lienor of record may apply for the discharge of all moneys not used by the receiver for removal of the condition and all other costs authorized by this section.
(10)After discharging the receiver, the court may retain jurisdiction for a time period not to exceed 18 consecutive months, and require the owner and the enforcement agency responsible for enforcing Section 17980 to report to the court in accordance with a schedule determined by the court.
(11)The prevailing party in an action pursuant to this section shall be entitled to reasonable attorneys fees and court costs as may be fixed by the court.
(12)The county recorder may charge and collect fees for the recording of all notices and other documents required by this section pursuant to Article 5 (commencing with Section 27360) of Chapter 6 of Division 2 of Title 3 of the Government Code.
(13)This section shall not be construed to limit those rights available to tenants and owners under any other provision of the law.
(14)This section shall not be construed to deprive an owner of a substandard building of all procedural due process rights guaranteed by the California Constitution and the United States Constitution, including, but not limited to, receipt of notice of the violation claimed and an adequate and reasonable period of time to comply with any orders which are issued by the enforcement agency or the court.
(15)Upon the request of a receiver, a court may require the owner of the property to pay all unrecovered costs associated with the receivership in addition to any other remedy authorized by law.
(d)If the court finds that a building is in a condition which substantially endangers the health and safety of residents pursuant to Section 17980.6, upon the entry of any order or judgment, the court shall do all of the following:
(1)Order the owner to pay all reasonable and actual costs of the enforcement agency including, but not limited to, inspection costs, investigation costs, enforcement costs, attorney fees or costs, and all costs of prosecution.
(2)Order that the local enforcement agency shall provide the tenant with notice of the court order or judgment.
(3)(A)Order that if the owner undertakes repairs or rehabilitation as a result of being cited for a notice under this chapter, and if the conditions of the premises or the repair or rehabilitation thereof significantly affect the safe and sanitary use of the premises by any lawful tenant, so that the tenant cannot safely reside in the premises, then the owner shall provide or pay relocation benefits to each lawful tenant. These benefits shall consist of actual reasonable moving and storage costs and relocation compensation. The actual moving and storage costs shall consist of all of the following:
(i)Transportation of the tenants personal property to the new location. The new location shall be in close proximity to the substandard premises, except where relocation to a new location beyond a close proximity is determined by the court to be justified.
(ii)Packing, crating, unpacking, and uncrating the tenants personal property.
(iii)Insurance of the tenants property while in transit.
(iv)The reasonable replacement value of property lost, stolen, or damaged (not through the fault or negligence of the displaced person, his or her agent or employee) in the process of moving, where insurance covering the loss, theft, or damage is not reasonably available.
(v)The cost of disconnecting, dismantling, removing, reassembling, reconnecting, and reinstalling machinery, equipment, or other personal property of the tenant, including connection charges imposed by utility companies for starting utility service.
(B)(i)The relocation compensation shall be an amount equal to the differential between the contract rent and the fair market rental value determined by the federal Department of Housing and Urban Development for a unit of comparable size within the area for the period that the unit is being repaired, not to exceed 120 days.
(ii)If the court finds that a tenant has been substantially responsible for causing or substantially contributing to the substandard conditions, then the relocation benefits of this section shall not be paid to this tenant. Each other tenant on the premises who has been ordered to relocate due to the substandard conditions and who is not substantially responsible for causing or contributing to the conditions shall be paid these benefits and moving costs at the time that he or she actually relocates.
(4)Determine the date when the tenant is to relocate, and order the tenant to notify the enforcement agency and the owner of the address of the premises to which he or she has relocated within five days after the relocation.
(5)(A)Order that the owner shall offer the first right to occupancy of the premises to each tenant who received benefits pursuant to subparagraph (A) of paragraph (3), before letting the unit for rent to a third party. The owners offer on the first right to occupancy to the tenant shall be in writing, and sent by first-class certified mail to the address given by the tenant at the time of relocation. If the owner has not been provided the tenants address by the tenant as prescribed by this section, the owner shall not be required to provide notice under this section or offer the tenant the right to return to occupancy.
(B)The tenant shall notify the owner in writing that he or she will occupy the unit. The notice shall be sent by first-class certified mail no later than 10 days after the notice has been mailed by the owner.
(6)Order that failure to comply with any abatement order under this chapter shall be punishable by civil contempt, penalties under Chapter 6 (commencing with Section 17995), and any other penalties and fines as are available.
(e)The initiation of a proceeding or entry of a judgment pursuant to this section or Section 17980.6 shall be deemed to be a proceeding or judgment as provided by paragraph (4) or (5) of subdivision (a) of Section 1942.5 of the Civil Code.
(f)The term owner, for the purposes of this section, shall include the owner, including any public entity that owns real property used for human habitation, at the time of the initial notice or order and any successor in interest who had actual or constructive knowledge of the notice, order, or prosecution.
(g)These remedies shall be in addition to those provided by any other law.
(h)This section and Section 17980.6 shall not impair the rights of an owner exercising his or her rights established pursuant to Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code.
SEC. 9.Section 17980.11 of the Health and Safety Code is amended to read:17980.11.If an enforcement agency has recorded with a county recorder any notice of substandard or untenantable conditions issued pursuant to this part for a structure used for human habitation, and if the enforcement agency anticipates that it will pursue the remedies provided by subdivision (b) of Section 17980.7 or subdivision (c) of Section 17980.9, or Section 17274 or 24436.5 of the Revenue and Taxation Code, it may require the private owner of that structure, within 10 days of recordation, to submit to the enforcement agency the following information:
(a)If the property owner is an individual, the name, address, drivers license number or identification card number, social security number or tax identification number, and any other information deemed necessary by the enforcement agency to file the documents necessary to utilize Section 17274 of the Revenue and Taxation Code.
(b)If the property owner is a corporation, trust, real estate trust, or any other entity whose taxes are subject to Part 11 (commencing with Section 23001) of the Revenue and Taxation Code, the name, address, tax identification number, and any other information deemed necessary by the enforcement agency to file the documents necessary to utilize Section 24436.5 of the Revenue and Taxation Code.
(c)If the property owner is a limited liability company, partnership, limited partnership, trust, or real estate investment trust, or any other entity which has owners, partners, members, or investors whose state taxes are subject to Part 10 (commencing with Section 17001) of the Revenue and Taxation Code and whose income, deductions, or tax credits are subject to any change because of interest payments, taxes, depreciation, or amortization related to the substandard housing, the name, address, drivers license number or identification card number, social security number or tax identification number, and any other information deemed necessary by the enforcement agency to file the documents necessary to utilize Section 17274 of the Revenue and Taxation Code.
SEC. 10.Section 17992 of the Health and Safety Code is amended to read:17992.Any person who obtains an ownership interest in any property after a notice of pendency of an action or proceeding was recorded with respect to the property pursuant to Section 17985 or any other notice of a violation of this part was recorded with the county recorder of the county in which the property is located, and where there has been no withdrawal or expungement of the notice, shall be subject to any order to correct a violation, including time limitations, specified in a citation issued pursuant to Sections 17980 and 17981 or any other notice of a violation of this part that was recorded with the county recorder of the county in which the property is located, as well as any costs and fees of the receiver or enforcement agency, as applicable.
SEC. 11.Section 148.11 is added to the Penal Code, to read:148.11.(a)It is unlawful for any person to willfully commit any of the following acts at a dangerous building:(1)Resist or interfere with the lawful efforts of any fire marshal or code enforcement officer or their representatives in the discharge of or attempt to discharge an official duty.(2)Disobey the lawful orders of any fire marshal or code enforcement officer.(3)Engage in any disorderly conduct which delays or prevents a dangerous building from being secured in a timely manner.(4)Forbid or prevent others from assisting in the securing of a dangerous building or addressing an imminent safety hazard, or exhort another person, as to whom he or she has no legal right or obligation to protect or control, from assisting in the securing of a dangerous building or addressing an imminent safety hazard.(b)Any person who violates subdivision (a) is guilty of a misdemeanor.(c)For purposes of this section:(1)(A)Code enforcement officer means any person who is not described in Chapter 4.5 (commencing with Section 830) and who is employed by any governmental subdivision, public or quasi-public corporation, public agency, public service corporation, any town, city, county, or municipal corporation, whether incorporated or chartered, who has enforcement authority for health, safety, and welfare requirements, whose duties include enforcement of any statute, rule, regulation, or standard, and who is authorized to issue citations, or file formal complaints. Code enforcement officer does not include any person employed by the University of California or the California State University.(B)Code enforcement officer also includes any person who is employed by the Department of Housing and Community Development who has enforcement authority for health, safety, and welfare requirements pursuant to the Employee Housing Act (Part 1 (commencing with Section 17000) of Division 13 of the Health and Safety Code); the State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13 of the Health and Safety Code); the Manufactured Housing Act of 1980 (Part 2 (commencing with Section 18000) of Division 13 of the Health and Safety Code); the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code); and the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code).(2)Dangerous building means either of the following:(A)A substandard building as defined in subdivision (n) of Section 17920 of the Health and Safety Code.(B)Any other time and place where any fire marshal or their designee, or other code enforcement officer is discharging or attempting to discharge an official duty related to an imminent safety hazard.SEC. 12.Section 830.7 of the Penal Code is amended to read:830.7.The following persons are not peace officers but may exercise the powers of arrest of a peace officer as specified in Section 836 during the course and within the scope of their employment, if they successfully complete a course in the exercise of those powers pursuant to Section 832:(a)Persons designated by a cemetery authority pursuant to Section 8325 of the Health and Safety Code.(b)Persons regularly employed as security officers for independent institutions of higher education, recognized under subdivision (b) of Section 66010 of the Education Code, if the institution has concluded a memorandum of understanding, permitting the exercise of that authority, with the sheriff or the chief of police within whose jurisdiction the institution lies.(c)Persons regularly employed as security officers for health facilities, as defined in Section 1250 of the Health and Safety Code, that are owned and operated by cities, counties, and cities and counties, if the facility has concluded a memorandum of understanding, permitting the exercise of that authority, with the sheriff or the chief of police within whose jurisdiction the facility lies.(d)Employees or classes of employees of the California Department of Forestry and Fire Protection designated by the Director of Forestry and Fire Protection, provided that the primary duty of the employee shall be the enforcement of the law as that duty is set forth in Section 4156 of the Public Resources Code.(e)Persons regularly employed as inspectors, supervisors, or security officers for transit districts, as defined in Section 99213 of the Public Utilities Code, if the district has concluded a memorandum of understanding permitting the exercise of that authority, with, as applicable, the sheriff, the chief of police, or the Department of the California Highway Patrol within whose jurisdiction the district lies. For the purposes of this subdivision, the exercise of peace officer authority may include the authority to remove a vehicle from a railroad right-of-way as set forth in Section 22656 of the Vehicle Code.(f)Nonpeace officers regularly employed as county parole officers pursuant to Section 3089.(g)Persons appointed by the Executive Director of the California Science Center pursuant to Section 4108 of the Food and Agricultural Code.(h)Persons regularly employed as investigators by the Department of Transportation for the City of Los Angeles and designated by local ordinance as public officers, to the extent necessary to enforce laws related to public transportation, and authorized by a memorandum of understanding with the chief of police, permitting the exercise of that authority. For the purposes of this subdivision, investigator means an employee defined in Section 53075.61 of the Government Code authorized by local ordinance to enforce laws related to public transportation. Transportation investigators authorized by this section shall not be deemed peace officers for purposes of Sections 241 and 243.(i)Persons regularly employed by any department of the City of Los Angeles who are designated as security officers and authorized by local ordinance to enforce laws related to the preservation of peace in or about the properties owned, controlled, operated, or administered by any department of the City of Los Angeles and authorized by a memorandum of understanding with the Chief of Police of the City of Los Angeles permitting the exercise of that authority. Security officers authorized pursuant to this subdivision shall not be deemed peace officers for purposes of Sections 241 and 243.(j)Illegal dumping enforcement officers or code enforcement officers, to the extent necessary to enforce laws related to illegal waste dumping or littering, and authorized by a memorandum of understanding with, as applicable, the sheriff or chief of police within whose jurisdiction the person is employed, permitting the exercise of that authority. An illegal dumping enforcement officer or code enforcement officer is defined, for purposes of this section, as a person employed full time, part time, or as a volunteer after completing training prescribed by law, by a city, county, or city and county, whose duties include illegal dumping enforcement and who is designated by local ordinance as a public officer. An illegal dumping enforcement officer or code enforcement officer may also be a person who is not regularly employed by a city, county, or city and county, but who has met all training requirements and is directly supervised by a regularly employed illegal dumping enforcement officer or code enforcement officer conducting illegal dumping enforcement. This person shall not have the power of arrest or access to summary criminal history information pursuant to this section. No person may be appointed as an illegal dumping enforcement officer or code enforcement officer if that person is disqualified pursuant to the criteria set forth in Section 1029 of the Government Code. Persons regularly employed by a city, county, or city and county designated pursuant to this subdivision may be furnished state summary criminal history information upon a showing of compelling need pursuant to subdivision (c) of Section 11105.(k)Building officials or their designees, as defined in Section 18949.27 of the Health and Safety Code, to the extent necessary to enforce laws related to unpermitted, dangerous, or otherwise illegal structures, and that person is authorized by a memorandum of understanding with, as applicable, the sheriff or chief of police within whose jurisdiction the person is employed, that permits the exercise of that authority.SEC. 13.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other 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.SEC. 11.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other 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.
(a)Each entity responsible for enforcement of building standards and other regulations of the State Fire Marshal pursuant to Section 13146 shall, at least every five years, inspect all structures within the entitys responsibility that are in the Factory Industrial Group F, High-Hazard Group H, and Storage Group S occupancy classifications, as described in Sections 306, 307, and 311 of Chapter 3 of the 2016 edition of the California Building Standards Code, or the applicable provisions of a successor edition of that code, for compliance with those regulations, or, if applicable, compliance with more stringent or restrictive regulations that are adopted by a city, county, or fire protection district consistent with this division.
(b)An entity that inspects a structure pursuant to subdivision (a) may charge and collect a fee from the owner of the structure for the inspection and for related fire and life safety activities. Any fee collected pursuant to this subdivision shall be in an amount, as determined by the entity, sufficient to recover, but not exceed, the reasonable costs to the entity of performing the inspection or fire and life safety activities.
SEC. 2.Section 13149 is added to the Health and Safety Code, to read:13149.(a)For purposes of this section, the following terms have the following meanings:
(1)Inspection means inspection of a structure for compliance with building standards and other regulations identified in Section 13146, or, if applicable, more stringent or restrictive regulations adopted by a local agency consistent with this division.
(2)Local agency means a city, county, or fire protection district.
(3)Occupancy classification means a buildings occupancy classification pursuant to Chapter 3 of the 2016 edition of the California Building Standards Code, or the applicable provisions of a successor edition of that code.
(b)Each local agency responsible for enforcement of building standards and other regulations of the State Fire Marshal pursuant to Section 13146 shall annually submit to the State Fire Marshal a report containing the following information:
(1)The total number of structures within the local agencys responsibility, categorized by occupancy classification and required frequency of inspection pursuant to this division or other state or local law or regulations, as applicable.
(2)Of the structures specified in paragraph (1), the number that are overdue for inspection.
(c)The State Fire Marshal shall post each report submitted pursuant to subdivision (b) on the Internet Web site of the Office of the State Fire Marshal.
SEC. 3.Section 17920 of the Health and Safety Code is amended to read:17920.As used in this part:
(a)Approved means acceptable to the department.
(b)Building means a structure subject to this part.
(c)Building standard means building standard as defined in Section 18909.
(d)Department means the Department of Housing and Community Development.
(e)Enforcement means diligent effort to secure compliance, including review of plans and permit applications, response to complaints, citation of violations, and other legal process. Except as otherwise provided in this part, enforcement may, but need not, include inspections of existing buildings on which no complaint or permit application has been filed, and effort to secure compliance as to these existing buildings.
(f)Fire protection district means any special district, or any other municipal or public corporation or district, which is authorized by law to provide fire protection and prevention services.
(g)Labeled means equipment or materials to which has been attached a label, symbol, or other identifying mark of an organization, approved by the department, that maintains a periodic inspection program of production of labeled products, installations, equipment, or materials and by whose labeling the manufacturer indicates compliance with appropriate standards or performance in a specified manner.
(h)Listed means all products that appear in a list published by an approved testing or listing agency.
(i)Listing agency means an agency approved by the department that is in the business of listing and labeling products, materials, equipment, and installations tested by an approved testing agency, and that maintains a periodic inspection program on current production of listed products, equipment, and installations, and that, at least annually, makes available a published report of these listings.
(j)Mold means microscopic organisms or fungi that can grow in damp conditions in the interior of a building.
(k)Noise insulation means the protection of persons within buildings from excessive noise, however generated, originating within or without such buildings.
(l)Nuisance means any nuisance defined pursuant to Part 3 (commencing with Section 3479) of Division 4 of the Civil Code, or any other form of nuisance recognized at common law or in equity.
(m)Public entity has the same meaning as defined in Section 811.2 of the Government Code.
(n)Substandard building means any building, including any building used for human habitation, that is declared substandard pursuant to Section 17920.3.
(n)(o)Testing agency means an agency approved by the department as qualified and equipped for testing of products, materials, equipment, and installations in accordance with nationally recognized standards.
SEC. 4.Section 17920.3 of the Health and Safety Code is amended to read:17920.3.Any building or portion thereof including any dwelling unit, guestroom or suite of rooms, or the premises on which the same is located, in which there exists any of the following listed conditions to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be a substandard building:
(a)Inadequate sanitation shall include, but not be limited to, the following:
(1)Lack of, or improper water closet, lavatory, or bathtub or shower in a dwelling unit.
(2)Lack of, or improper water closets, lavatories, and bathtubs or showers per number of guests in a hotel.
(3)Lack of, or improper kitchen sink.
(4)Lack of hot and cold running water to plumbing fixtures in a hotel.
(5)Lack of hot and cold running water to plumbing fixtures in a dwelling unit.
(6)Lack of adequate heating.
(7)Lack of, or improper operation of required ventilating equipment.
(8)Lack of minimum amounts of natural light and ventilation required by this code.
(9)Room and space dimensions less than required by this code.
(10)Lack of required electrical lighting.
(11)Dampness of habitable rooms.
(12)Infestation of insects, vermin, or rodents as determined by a health officer or, if an agreement does not exist with an agency that has a health officer, the infestation can be determined by a code enforcement officer, as defined in Section 829.5 of the Penal Code, upon successful completion of a course of study in the appropriate subject matter as determined by the local jurisdiction.
(13)Visible mold growth, as determined by a health officer or a code enforcement officer, as defined in Section 829.5 of the Penal Code, excluding the presence of mold that is minor and found on surfaces that can accumulate moisture as part of their properly functioning and intended use.
(14)General dilapidation or improper maintenance.
(15)Lack of connection to required sewage disposal system.
(16)Lack of adequate garbage and rubbish storage and removal facilities, as determined by a health officer or, if an agreement does not exist with an agency that has a health officer, the lack of adequate garbage and rubbish removal facilities can be determined by a code enforcement officer as defined in Section 829.5 of the Penal Code.
(b)Structural hazards shall include, but not be limited to, the following:
(1)Deteriorated or inadequate foundations.
(2)Defective or deteriorated flooring or floor supports.
(3)Flooring or floor supports of insufficient size to carry imposed loads with safety.
(4)Members of walls, partitions, or other vertical supports that split, lean, list, or buckle due to defective material or deterioration.
(5)Members of walls, partitions, or other vertical supports that are of insufficient size to carry imposed loads with safety.
(6)Members of ceilings, roofs, ceiling and roof supports, or other horizontal members which sag, split, or buckle due to defective material or deterioration.
(7)Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety.
(8)Fireplaces or chimneys which list, bulge, or settle due to defective material or deterioration.
(9)Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety.
(c)Any nuisance.
(d)All wiring, except that which conformed with all applicable laws in effect at the time of installation if it is currently in good and safe condition and working properly.
(e)All plumbing, except plumbing that conformed with all applicable laws in effect at the time of installation and has been maintained in good condition, or that may not have conformed with all applicable laws in effect at the time of installation but is currently in good and safe condition and working properly, and that is free of cross connections and siphonage between fixtures.
(f)All mechanical equipment, including vents, except equipment that conformed with all applicable laws in effect at the time of installation and that has been maintained in good and safe condition, or that may not have conformed with all applicable laws in effect at the time of installation but is currently in good and safe condition and working properly.
(g)Faulty weather protection, which shall include, but not be limited to, the following:
(1)Deteriorated, crumbling, or loose plaster.
(2)Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations, or floors, including broken windows or doors.
(3)Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering.
(4)Broken, rotted, split, or buckled exterior wall coverings or roof coverings.
(h)Any building or portion thereof, device, apparatus, equipment, combustible waste, or vegetation that, in the opinion of the chief of the fire department or his deputy, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause.
(i)All materials of construction, except those that are specifically allowed or approved by this code, and that have been adequately maintained in good and safe condition.
(j)Those premises on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rodent harborages, stagnant water, combustible materials, and similar materials or conditions constitute fire, health, or safety hazards.
(k)Any building or portion thereof that is determined to be an unsafe building due to inadequate maintenance, in accordance with the latest edition of the Uniform Building Code.
(l)All buildings or portions thereof not provided with adequate exit facilities as required by this code, except those buildings or portions thereof whose exit facilities conformed with all applicable laws at the time of their construction and that have been adequately maintained and increased in relation to any increase in occupant load, alteration or addition, or any change in occupancy.
When an unsafe condition exists through lack of, or improper location of, exits, additional exits may be required to be installed.
(m)All buildings or portions thereof that are not provided with the fire-resistive construction or fire-extinguishing systems or equipment required by this code, except those buildings or portions thereof that conformed with all applicable laws at the time of their construction and whose fire-resistive integrity and fire-extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy.
(n)All buildings or portions thereof occupied for living, sleeping, cooking, or dining purposes that were not designed or intended to be used for those occupancies.
(o)Inadequate structural resistance to horizontal forces.
For the purposes of this part, any building used for human habitation, regardless of the zoning designation or approved use of the building, may be declared to be substandard if it meets any of the conditions in this section.
Substandard building includes a building not in compliance with Section 13143.2.
However, a condition that would require displacement of sound walls or ceilings to meet height, length, or width requirements for ceilings, rooms, and dwelling units shall not by itself be considered sufficient existence of dangerous conditions making a building a substandard building, unless the building was constructed, altered, or converted in violation of those requirements in effect at the time of construction, alteration, or conversion.
SEC. 5.Section 17975 of the Health and Safety Code is amended to read:17975.(a) Any tenant who is displaced or subject to displacement from a residential rental unit as a result of an order to vacate or an order requiring the vacation of a residential unit by a local enforcement agency as a result of a violation so extensive and of such a nature that the immediate health and safety of the residents is endangered, shall be entitled to receive relocation benefits from the owner as specified in this article. The local enforcement agency shall determine the eligibility of tenants for benefits pursuant to this article.
(b)For the purposes of this article, residential rental unit includes any unit rented by a tenant for human habitation, regardless of the zoning designation or approved use of the building, that is located in a building that is deemed or found to be a substandard building.
SEC. 6.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, municipal code, municipal building and fire codes, 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 used for human habitation 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 used for human habitation 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 jurisdictions housing element.
(d)(1)Notwithstanding subdivision (c) and notwithstanding local ordinances, the enforcement agency shall provide tenants in a residential building shall be provided used for human habitation 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 agencys 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.
(3)An enforcement agency shall post conspicuously at least one copy of each document described in paragraph (1) on the building alleged to have become substandard.
(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)(1)Except as provided in paragraph (2), an enforcement agency that issues any notice to correct violations or to abate nuisances pursuant to this part shall include all of the following information in that notice:
(A)An identification of specific fixtures or structures features that need to be corrected or abated by repair, and an identification of what repairs are required to correct those violations.
(B)An identification of specific provisions of the California Building Standards Code, or any additions or deletions adopted by the applicable city or county pursuant to Section 17958 to 17958.11, inclusive, that have been violated.
(2)Notwithstanding paragraph (1), an enforcement agency may issue a notice that does not comply with the requirements of paragraph (1) if the enforcement agency concludes that the time necessary to prepare the notice to include that enforcement would prevent the enforcement agency from acting to prevent or remedy an immediate threat to the health and safety of the public or to occupants of the structure. If an enforcement agency does not include the information required in paragraph (1) pursuant to the previous sentence, the enforcement agency shall, within 10 calendar days after issuing the original notice, issue a revised notice that includes all information required in paragraph (1).
(f)(g)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)(h)If the enforcement agency determines that there is an infestation pursuant to paragraph (12) of subdivision (a) of Section 17920.3 or Section 116130, the enforcement agencys 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.
(i)For purposes of this article, petition includes a complaint.
SEC. 7.Section 17980.6 of the Health and Safety Code is amended to read:17980.6.If any building is maintained in a manner that violates any provisions of this part, the building standards published in the State Building Standards Code relating to the provisions of this part, any other rule or regulation adopted pursuant to the provisions of this part, municipal code, municipal building and fire codes, or any provision in a local ordinance that is similar to a provision in this part, and the violations are so extensive and of such a nature that the health and safety of residents or the public is substantially endangered, the enforcement agency may issue an order or notice to repair or abate pursuant to this part. Any order or notice pursuant to this subdivision shall be provided either by both posting a copy of the order or notice in a conspicuous place on the property and by first-class mail to each affected residential unit, unit used for human habitation, or by posting a copy of the order or notice in a conspicuous place on the property and in a prominent place on each affected residential unit. The order or notice shall include, but is not limited to, all of the following:
(a) The name, address, and telephone number of the agency that issued the notice or order.
(b) The date, time, and location of any public hearing or proceeding concerning the order or notice.
(c) Information that the lessor cannot retaliate against a lessee pursuant to Section 1942.5 of the Civil Code.
(d)The information required in subdivision (f) of Section 17980, consistent with the provisions of that subdivision.
SEC. 8.Section 17980.7 of the Health and Safety Code is amended to read:17980.7.If the owner fails to comply within a reasonable time with the terms of the order or notice issued pursuant to Section 17980.6, the following provisions shall apply:
(a)The enforcement agency may seek and the court may order imposition of the penalties provided for under Chapter 6 (commencing with Section 17995).
(b)(1)The enforcement agency may seek and the court may order the owner to not claim any deduction with respect to state taxes for interest, taxes, expenses, depreciation, or amortization paid or incurred with respect to the cited structure, in the taxable year of the initial order or notice, in lieu of the enforcement agency processing a violation in accordance with Sections 17274 and 24436.5 of the Revenue and Taxation Code.
(2)If the owner fails to comply with the terms of the order or notice to correct the condition that caused the violation pursuant to Section 17980.6, the court may order the owner to not claim these tax benefits for the following year.
(c)The enforcement agency, tenant, or tenant association or organization may seek and the court may shall order, unless there is clear and convincing evidence to the contrary, the appointment of a receiver for the substandard building pursuant to this subdivision. In its petition to the court, the enforcement agency, tenant, or tenant association or organization shall include proof that notice of the petition was served not less than three days prior to filing the petition, pursuant to Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure, to all persons with a recorded interest in the real property upon which the substandard building exists.
(1)In appointing a receiver, the court shall consider whether the owner has been afforded a reasonable opportunity to correct the conditions cited in the notice of violation.
(2)The court shall not appoint any person as a receiver unless the person has demonstrated to the court his or her capacity and expertise to develop and supervise a viable financial and construction plan for the satisfactory rehabilitation of the building. A court may appoint as a receiver a nonprofit organization or community development corporation. In addition to the duties and powers that may be granted pursuant to this section, the nonprofit organization or community development corporation may also apply for grants to assist in the rehabilitation of the building.
(3)If a receiver is appointed, the owner and his or her agent of the substandard building shall be enjoined from collecting rents from the tenants, interfering with the receiver in the operation of the substandard building, and encumbering or transferring the substandard building or real property upon which the building is situated.
(4)Any receiver appointed pursuant to this section shall have all of the following powers and duties in the order of priority listed in this paragraph, unless the court otherwise permits:
(A)To take full and complete control of the substandard property.
(B)To manage the substandard building and pay expenses of the operation of the substandard building and real property upon which the building is located, including taxes, insurance, utilities, general maintenance, and debt secured by an interest in the real property.
(C)To secure a cost estimate and construction plan from a licensed contractor for the repairs necessary to correct the conditions cited in the notice of violation.
(D)To enter into contracts and employ a licensed contractor as necessary to correct the conditions cited in the notice of violation.
(E)To collect all rents and income from the substandard building.
(F)To use all rents and income from the substandard building to pay for the cost of rehabilitation and repairs determined by the court as necessary to correct the conditions cited in the notice of violation.
(G)To borrow funds to pay for repairs necessary to correct the conditions cited in the notice of violation and to borrow funds to pay for any relocation benefits authorized by paragraph (6) and, with court approval, secure that debt and any moneys owed to the receiver for services performed pursuant to this section with a lien on the real property upon which the substandard building is located. The lien shall be recorded in the county recorders office in the county within which the building is located.
(H)To exercise the powers granted to receivers under Section 568 of the Code of Civil Procedure.
(5)The receiver shall be entitled to the same fees, commissions, and necessary expenses as receivers in actions to foreclose mortgages.
(6)If the conditions of the premises or the repair or rehabilitation thereof significantly affect the safe and sanitary use of the substandard building by any tenant, to the extent that the tenant cannot safely reside in his or her unit, then the receiver shall provide relocation benefits in accordance with subparagraph (A) of paragraph (3) of subdivision (d).
(7)The relocation compensation provided for in this section shall not preempt any local ordinance that provides for greater relocation assistance.
(8)In addition to any reporting required by the court, the receiver shall prepare monthly reports to the state or local enforcement agency which shall contain information on at least the following items:
(A)The total amount of rent payments received.
(B)Nature and amount of contracts negotiated relative to the operation or repair of the property.
(C)Payments made toward the repair of the premises.
(D)Progress of necessary repairs.
(E)Other payments made relative to the operation of the building.
(F)Amount of tenant relocation benefits paid.
(9)The receiver shall be discharged when the conditions cited in the notice of violation have been remedied in accordance with the court order or judgment and a complete accounting of all costs and repairs has been delivered to the court. Upon removal of the condition, the owner, the mortgagee, or any lienor of record may apply for the discharge of all moneys not used by the receiver for removal of the condition and all other costs authorized by this section.
(10)After discharging the receiver, the court may retain jurisdiction for a time period not to exceed 18 consecutive months, and require the owner and the enforcement agency responsible for enforcing Section 17980 to report to the court in accordance with a schedule determined by the court.
(11)The prevailing party in an action pursuant to this section shall be entitled to reasonable attorneys fees and court costs as may be fixed by the court.
(12)The county recorder may charge and collect fees for the recording of all notices and other documents required by this section pursuant to Article 5 (commencing with Section 27360) of Chapter 6 of Division 2 of Title 3 of the Government Code.
(13)This section shall not be construed to limit those rights available to tenants and owners under any other provision of the law.
(14)This section shall not be construed to deprive an owner of a substandard building of all procedural due process rights guaranteed by the California Constitution and the United States Constitution, including, but not limited to, receipt of notice of the violation claimed and an adequate and reasonable period of time to comply with any orders which are issued by the enforcement agency or the court.
(15)Upon the request of a receiver, a court may require the owner of the property to pay all unrecovered costs associated with the receivership in addition to any other remedy authorized by law.
(d)If the court finds that a building is in a condition which substantially endangers the health and safety of residents pursuant to Section 17980.6, upon the entry of any order or judgment, the court shall do all of the following:
(1)Order the owner to pay all reasonable and actual costs of the enforcement agency including, but not limited to, inspection costs, investigation costs, enforcement costs, attorney fees or costs, and all costs of prosecution.
(2)Order that the local enforcement agency shall provide the tenant with notice of the court order or judgment.
(3)(A)Order that if the owner undertakes repairs or rehabilitation as a result of being cited for a notice under this chapter, and if the conditions of the premises or the repair or rehabilitation thereof significantly affect the safe and sanitary use of the premises by any lawful tenant, so that the tenant cannot safely reside in the premises, then the owner shall provide or pay relocation benefits to each lawful tenant. These benefits shall consist of actual reasonable moving and storage costs and relocation compensation. The actual moving and storage costs shall consist of all of the following:
(i)Transportation of the tenants personal property to the new location. The new location shall be in close proximity to the substandard premises, except where relocation to a new location beyond a close proximity is determined by the court to be justified.
(ii)Packing, crating, unpacking, and uncrating the tenants personal property.
(iii)Insurance of the tenants property while in transit.
(iv)The reasonable replacement value of property lost, stolen, or damaged (not through the fault or negligence of the displaced person, his or her agent or employee) in the process of moving, where insurance covering the loss, theft, or damage is not reasonably available.
(v)The cost of disconnecting, dismantling, removing, reassembling, reconnecting, and reinstalling machinery, equipment, or other personal property of the tenant, including connection charges imposed by utility companies for starting utility service.
(B)(i)The relocation compensation shall be an amount equal to the differential between the contract rent and the fair market rental value determined by the federal Department of Housing and Urban Development for a unit of comparable size within the area for the period that the unit is being repaired, not to exceed 120 days.
(ii)If the court finds that a tenant has been substantially responsible for causing or substantially contributing to the substandard conditions, then the relocation benefits of this section shall not be paid to this tenant. Each other tenant on the premises who has been ordered to relocate due to the substandard conditions and who is not substantially responsible for causing or contributing to the conditions shall be paid these benefits and moving costs at the time that he or she actually relocates.
(4)Determine the date when the tenant is to relocate, and order the tenant to notify the enforcement agency and the owner of the address of the premises to which he or she has relocated within five days after the relocation.
(5)(A)Order that the owner shall offer the first right to occupancy of the premises to each tenant who received benefits pursuant to subparagraph (A) of paragraph (3), before letting the unit for rent to a third party. The owners offer on the first right to occupancy to the tenant shall be in writing, and sent by first-class certified mail to the address given by the tenant at the time of relocation. If the owner has not been provided the tenants address by the tenant as prescribed by this section, the owner shall not be required to provide notice under this section or offer the tenant the right to return to occupancy.
(B)The tenant shall notify the owner in writing that he or she will occupy the unit. The notice shall be sent by first-class certified mail no later than 10 days after the notice has been mailed by the owner.
(6)Order that failure to comply with any abatement order under this chapter shall be punishable by civil contempt, penalties under Chapter 6 (commencing with Section 17995), and any other penalties and fines as are available.
(e)The initiation of a proceeding or entry of a judgment pursuant to this section or Section 17980.6 shall be deemed to be a proceeding or judgment as provided by paragraph (4) or (5) of subdivision (a) of Section 1942.5 of the Civil Code.
(f)The term owner, for the purposes of this section, shall include the owner, including any public entity that owns residential real property, property used for human habitation, at the time of the initial notice or order and any successor in interest who had actual or constructive knowledge of the notice, order, or prosecution.
(g)These remedies shall be in addition to those provided by any other law.
(h)This section and Section 17980.6 shall not impair the rights of an owner exercising his or her rights established pursuant to Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code.
SEC. 9.Section 17980.11 of the Health and Safety Code is amended to read:17980.11.If an enforcement agency has recorded with a county recorder any notice of substandard or untenantable conditions issued pursuant to this part for a residential structure, structure used for human habitation, and if the enforcement agency anticipates that it will pursue the remedies provided by subdivision (b) of Section 17980.7 or subdivision (c) of Section 17980.9, or Section 17274 or 22436.5 24436.5 of the Revenue and Taxation Code, it may require the private owner of that structure, within 10 days of recordation, to submit to the enforcement agency the following information:
(a) If the property owner is an individual, the name, address, drivers license number or identification card number, social security number or tax identification number, and any other information deemed necessary by the enforcement agency to file the documents necessary to utilize Section 17274 of the Revenue and Taxation Code.
(b) If the property owner is a corporation, trust, real estate trust, or any other entity whose taxes are subject to Part 11 (commencing with Section 23001) of the Revenue and Taxation Code, the name, address, tax identification number, and any other information deemed necessary by the enforcement agency to file the documents necessary to utilize Section 22436.5 24436.5 of the Revenue and Taxation Code.
(c) If the property owner is a limited liability company, partnership, limited partnership, trust, or real estate investment trust, or any other entity which has owners, partners, members, or investors whose state taxes are subject to Part 10 (commencing with Section 17001) of the Revenue and Taxation Code and whose income, deductions, or tax credits are subject to any change because of interest payments, taxes, depreciation, or amortization related to the substandard housing, the name, address, drivers license number or identification card number, social security number or tax identification number, and any other information deemed necessary by the enforcement agency to file the documents necessary to utilize Section 17274 of the Revenue and Taxation Code.
SEC. 10.Section 17992 of the Health and Safety Code is amended to read:17992.Any person who obtains an ownership interest in any property after a notice of pendency of an action or proceeding was recorded with respect to the property pursuant to Section 17985 or any other notice of a violation of this part was recorded with the county recorder of the county in which the property is located, and where there has been no withdrawal or expungement of the notice, shall be subject to any order to correct a violation, including time limitations, specified in a citation issued pursuant to Sections 17980 and 17981 or any other notice of a violation of this part that was recorded with the county recorder of the county in which the property is located. located, as well as any costs and fees of the receiver or enforcement agency, as applicable.
SEC. 11.Section 148.11 is added to the Penal Code, to read:148.11.(a)It is unlawful for any person to willfully commit any of the following acts at a dangerous building:
(1)Resist or interfere with the lawful efforts of any fire marshal or code enforcement officer or their representatives in the discharge of or attempt to discharge an official duty.
(2)Disobey the lawful orders of any fire marshal or code enforcement officer.
(3)Engage in any disorderly conduct which delays or prevents a dangerous building from being secured in a timely manner.
(4)Forbid or prevent others from assisting in the securing of a dangerous building or addressing an imminent safety hazard, or exhort another person, as to whom he or she has no legal right or obligation to protect or control, from assisting in the securing of a dangerous building or addressing an imminent safety hazard.
(b)Any person who violates subdivision (a) is guilty of a misdemeanor.
(c)For purposes of this section:
(1)(A)Code enforcement officer means any person who is not described in Chapter 4.5 (commencing with Section 830) and who is employed by any governmental subdivision, public or quasi-public corporation, public agency, public service corporation, any town, city, county, or municipal corporation, whether incorporated or chartered, who has enforcement authority for health, safety, and welfare requirements, whose duties include enforcement of any statute, rule, regulation, or standard, and who is authorized to issue citations, or file formal complaints. Code enforcement officer does not include any person employed by the University of California or the California State University.
(B)Code enforcement officer also includes any person who is employed by the Department of Housing and Community Development who has enforcement authority for health, safety, and welfare requirements pursuant to the Employee Housing Act (Part 1 (commencing with Section 17000) of Division 13 of the Health and Safety Code); the State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13 of the Health and Safety Code); the Manufactured Housing Act of 1980 (Part 2 (commencing with Section 18000) of Division 13 of the Health and Safety Code); the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code); and the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code).
(2)Dangerous building means either of the following:
(A)A substandard building as defined in subdivision (n) of Section 17920 of the Health and Safety Code.
(B)Any other time and place where any fire marshal or their designee, or other code enforcement officer is discharging or attempting to discharge an official duty related to an imminent safety hazard.
SEC. 12.Section 830.7 of the Penal Code is amended to read:830.7.The following persons are not peace officers but may exercise the powers of arrest of a peace officer as specified in Section 836 during the course and within the scope of their employment, if they successfully complete a course in the exercise of those powers pursuant to Section 832:
(a)Persons designated by a cemetery authority pursuant to Section 8325 of the Health and Safety Code.
(b)Persons regularly employed as security officers for independent institutions of higher education, recognized under subdivision (b) of Section 66010 of the Education Code, if the institution has concluded a memorandum of understanding, permitting the exercise of that authority, with the sheriff or the chief of police within whose jurisdiction the institution lies.
(c)Persons regularly employed as security officers for health facilities, as defined in Section 1250 of the Health and Safety Code, that are owned and operated by cities, counties, and cities and counties, if the facility has concluded a memorandum of understanding, permitting the exercise of that authority, with the sheriff or the chief of police within whose jurisdiction the facility lies.
(d)Employees or classes of employees of the California Department of Forestry and Fire Protection designated by the Director of Forestry and Fire Protection, provided that the primary duty of the employee shall be the enforcement of the law as that duty is set forth in Section 4156 of the Public Resources Code.
(e)Persons regularly employed as inspectors, supervisors, or security officers for transit districts, as defined in Section 99213 of the Public Utilities Code, if the district has concluded a memorandum of understanding permitting the exercise of that authority, with, as applicable, the sheriff, the chief of police, or the Department of the California Highway Patrol within whose jurisdiction the district lies. For the purposes of this subdivision, the exercise of peace officer authority may include the authority to remove a vehicle from a railroad right-of-way as set forth in Section 22656 of the Vehicle Code.
(f)Nonpeace officers regularly employed as county parole officers pursuant to Section 3089.
(g)Persons appointed by the Executive Director of the California Science Center pursuant to Section 4108 of the Food and Agricultural Code.
(h)Persons regularly employed as investigators by the Department of Transportation for the City of Los Angeles and designated by local ordinance as public officers, to the extent necessary to enforce laws related to public transportation, and authorized by a memorandum of understanding with the chief of police, permitting the exercise of that authority. For the purposes of this subdivision, investigator means an employee defined in Section 53075.61 of the Government Code authorized by local ordinance to enforce laws related to public transportation. Transportation investigators authorized by this section shall not be deemed peace officers for purposes of Sections 241 and 243.
(i)Persons regularly employed by any department of the City of Los Angeles who are designated as security officers and authorized by local ordinance to enforce laws related to the preservation of peace in or about the properties owned, controlled, operated, or administered by any department of the City of Los Angeles and authorized by a memorandum of understanding with the Chief of Police of the City of Los Angeles permitting the exercise of that authority. Security officers authorized pursuant to this subdivision shall not be deemed peace officers for purposes of Sections 241 and 243.
(j)Illegal dumping enforcement officers or code enforcement officers, to the extent necessary to enforce laws related to illegal waste dumping or littering, and authorized by a memorandum of understanding with, as applicable, the sheriff or chief of police within whose jurisdiction the person is employed, permitting the exercise of that authority. An illegal dumping enforcement officer or code enforcement officer is defined, for purposes of this section, as a person employed full time, part time, or as a volunteer after completing training prescribed by law, by a city, county, or city and county, whose duties include illegal dumping enforcement and who is designated by local ordinance as a public officer. An illegal dumping enforcement officer or code enforcement officer may also be a person who is not regularly employed by a city, county, or city and county, but who has met all training requirements and is directly supervised by a regularly employed illegal dumping enforcement officer or code enforcement officer conducting illegal dumping enforcement. This person shall not have the power of arrest or access to summary criminal history information pursuant to this section. No person may be appointed as an illegal dumping enforcement officer or code enforcement officer if that person is disqualified pursuant to the criteria set forth in Section 1029 of the Government Code. Persons regularly employed by a city, county, or city and county designated pursuant to this subdivision may be furnished state summary criminal history information upon a showing of compelling need pursuant to subdivision (c) of Section 11105.
(k)Building officials or their designees, as defined in Section 18949.27 of the Health and Safety Code, to the extent necessary to enforce laws related to unpermitted, dangerous, or otherwise illegal structures, and that person is authorized by a memorandum of understanding with, as applicable, the sheriff or chief of police within whose jurisdiction the person is employed, that permits the exercise of that authority.
SEC. 13.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other 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.
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, municipal code, municipal building and fire codes, 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 jurisdictions 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 agencys 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)If the enforcement agency determines that there is an infestation pursuant to paragraph (12) of subdivision (a) of Section 17920.3 or Section 116130, the enforcement agencys 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.SEC. 2.Section 17980.6 of the Health and Safety Code is amended to read:17980.6.If any building is maintained in a manner that violates any provisions of this part, the building standards published in the State Building Standards Code relating to the provisions of this part, any other rule or regulation adopted pursuant to the provisions of this part, municipal code, municipal building and fire codes, or any provision in a local ordinance that is similar to a provision in this part, and the violations are so extensive and of such a nature that the health and safety of residents or the public is substantially endangered, the enforcement agency may issue an order or notice to repair or abate pursuant to this part. Any order or notice pursuant to this subdivision shall be provided either by both posting a copy of the order or notice in a conspicuous place on the property and by first-class mail to each affected residential unit, or by posting a copy of the order or notice in a conspicuous place on the property and in a prominent place on each affected residential unit. The order or notice shall include, but is not limited to, all of the following:(a) The name, address, and telephone number of the agency that issued the notice or order.(b) The date, time, and location of any public hearing or proceeding concerning the order or notice.(c) Information that the lessor cannot retaliate against a lessee pursuant to Section 1942.5 of the Civil Code.(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, municipal code, municipal building and fire codes, 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 jurisdictions 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 agencys 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)If the enforcement agency determines that there is an infestation pursuant to paragraph (12) of subdivision (a) of Section 17920.3 or Section 116130, the enforcement agencys 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.
SEC. 2.Section 17980.6 of the Health and Safety Code is amended to read:17980.6.If any building is maintained in a manner that violates any provisions of this part, the building standards published in the State Building Standards Code relating to the provisions of this part, any other rule or regulation adopted pursuant to the provisions of this part, municipal code, municipal building and fire codes, or any provision in a local ordinance that is similar to a provision in this part, and the violations are so extensive and of such a nature that the health and safety of residents or the public is substantially endangered, the enforcement agency may issue an order or notice to repair or abate pursuant to this part. Any order or notice pursuant to this subdivision shall be provided either by both posting a copy of the order or notice in a conspicuous place on the property and by first-class mail to each affected residential unit, or by posting a copy of the order or notice in a conspicuous place on the property and in a prominent place on each affected residential unit. The order or notice shall include, but is not limited to, all of the following:
(a) The name, address, and telephone number of the agency that issued the notice or order.
(b) The date, time, and location of any public hearing or proceeding concerning the order or notice.
(c) Information that the lessor cannot retaliate against a lessee pursuant to Section 1942.5 of the Civil Code.
|
Date
|
Status
|
|---|---|
| Sep 30, 2018 | In Senate. Consideration of Governor's veto pending. |
| Sep 30, 2018 | Vetoed by the Governor. |
| Sep 10, 2018 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 29, 2018 | Assembly amendments concurred in. (Ayes 39. Noes 0.) Ordered to engrossing and enrolling. |
| Aug 28, 2018 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 28, 2018 | Read third time. Passed. Ordered to the Senate. |
| Aug 24, 2018 | Read third time and amended. |
| Jun 28, 2018 | Read second time. Ordered to third reading. |
| Jun 27, 2018 | From committee: Do pass. (Ayes 12. Noes 0.) (June 27). |
| Jun 20, 2018 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 20). Re-referred to Com. on APPR. |
| Jun 11, 2018 | Referred to Com. on H. & C.D. |
| May 31, 2018 | In Assembly. Read first time. Held at Desk. |
| May 30, 2018 | Read third time. Passed. (Ayes 36. Noes 0.) Ordered to the Assembly. |
| May 29, 2018 | Read second time. Ordered to third reading. |
| May 25, 2018 | From committee: Do pass as amended. (Ayes 7. Noes 0.) (May 25). |
| May 18, 2018 | Set for hearing May 25. |
| May 14, 2018 | May 14 hearing: Placed on APPR. suspense file. |
| May 4, 2018 | Set for hearing May 14. |
| Apr 25, 2018 | Withdrawn from committee. |
| Apr 23, 2018 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S. |
| Apr 20, 2018 | Set for hearing April 24. |
| Apr 19, 2018 | Re-referred to Com. on PUB. S. |
| Apr 18, 2018 | From committee: Do pass and re-refer to Com. on RLS. (Ayes 10. Noes 0.) (April 17). Re-referred to Com. on RLS. |
| Apr 10, 2018 | Set for hearing April 17. |
| Apr 4, 2018 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on T. & H. |
| Mar 8, 2018 | Referred to Com. on T. & H. |
| Feb 20, 2018 | From printer. May be acted upon on or after March 22. |
| Feb 16, 2018 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 29, 2018 | Unfinished Business SB1415 McGuire Concurrence | Senate Floor |
Passed |
|
| Aug 28, 2018 | SB 1415 McGuire Senate Third Reading By BONTA | Assembly Floor |
Passed |
|
| Jun 27, 2018 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jun 20, 2018 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Housing and Community Development |
Passed |
|
| May 30, 2018 | Senate 3rd Reading SB1415 McGuire | Senate Floor |
Passed |
|
| May 25, 2018 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| May 14, 2018 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 17, 2018 | Do pass, but first be re-referred to the Committee on [Rules] | Senate Standing Committee on Transportation and Housing |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California Association Of Code Enforcement Officers | ** Support | Oct 4, 2018 |
| California Building Officials | ** Support | Oct 4, 2018 |
| California Business Properties Association | ** Support | Oct 4, 2018 |
| City Of Rancho Cordova | * Support | Jun 20, 2018 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
VETO
Bill No: SB 1415
:
SENATE TRANS. & HOUSING COMMITTEE: 10-0, 4/17/18
AYES: Beall, Cannella, Galgiani, McGuire, Morrell, Roth, Skinner, Vidak, Wieckowski, Wiener
NO VOTE RECORDED: Allen, Dodd, Gaines
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/25/18
AYES: Lara, Bates, Beall, Bradford, Hill, Nielsen, Wiener
SENATE FLOOR: 36-0, 5/30/18
AYES: Allen, Anderson, Atkins, Bates, Beall, Berryhill, Bradford, Dodd, Gaines, Galgiani, Glazer, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leyva, McGuire, Mitchell, Monning, Moorlach, Morrell, Newman, Nguyen, Nielsen, Pan, Portantino, Roth, Skinner, Stern, Stone, Vidak, Wieckowski, Wiener, Wilk
NO VOTE RECORDED: Cannella, De León, Fuller
SENATE FLOOR: 39-0, 8/29/18
AYES: Allen, Anderson, Atkins, Bates, Beall, Bradford, Cannella, Chang, De León, Delgado, Dodd, Fuller, Gaines, Galgiani, Glazer, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leyva, McGuire, Mitchell, Monning, Moorlach, Morrell, Nguyen, Nielsen, Pan, Portantino, Roth, Skinner, Stern, Stone, Vidak, Wieckowski, Wiener, Wilk
NO VOTE RECORDED: Berryhill
ASSEMBLY FLOOR: 73-1, 8/28/18 - See last page for vote
DIGEST:
This bill requires building inspections of specified storage structures, authorizes fees to cover inspection costs, requires reporting of the backlog of mandated building inspections by local governments, and generally extends existing tenant protections and notifications to buildings which are used for human habitation, as distinct from residential buildings.
Inspections
Existing law requires local officials, typically the local fire chief or his/her representative, to conduct annual fire safety inspections on K-12 schools, multi-family dwellings and high rise dwellings, and requires the State Fire Marshal to biannually inspect jails and prisons. Fees to conduct these inspections are authorized.
This bill:
- Requires local governments to annually report to the State Fire Marshal on the number of structures which it is required to inspect and the number which are overdue for inspection. These reports shall be published on the State Fire Marshal’s Web site.
- Requires local governments to, at least every five years and only until January 1, 2029, inspect specified storage structures, as defined, for which the local government may assess a fee.
Abatement Notices
Existing law requires an enforcement agency that finds a building in violation of the California Building Standards Code to notify the owner to abate the violation.
This bill requires that such notice shall specifically identify the needed repairs and the codes being violated, with specific exemptions.
Receivership
Existing law authorizes enforcement agencies, tenants, or tenant associations to petition a court to appoint a receiver for a substandard building if the owner fails to comply within a reasonable time with the terms of the notice of violation. The receiver takes complete control of the building, including management and repairs to remedy any violations. The court has broad discretion in its decision.
This bill narrows the discretion of the court by requiring that a receiver be appointed unless the owner can provide clear and convincing evidence that the existing law regarding code violations and notice requirements were not followed. This bill also clarifies that a receiver can be appointed for any property used for human habitation.
Relocation Benefits
Existing law provides for the payment of relocation benefits to a tenant who is displaced because of a building violation that endangers the immediate health and safety of the residents.
This bill provides that existing tenant relocation benefits shall be extended to any unit used for human habitation, regardless of zoning designation.
Numerous Clarifications
Existing law allows enforcement agencies to enforce provisions of the California Building Standards Code.
This bill clarifies that enforcement agencies may also enforce their municipal codes and municipal building and fire codes.
Existing law requires enforcement agencies to provide each resident with copies of any notices of violation, orders and permits.
This bill clarifies that these notices shall also be posted on the building.
Existing law provides that receivers are entitled to the same fees, commissions, and necessary expenses as receivers in actions to foreclosed properties.
This bill clarifies that any person, who acquires a property which is in violation of building codes and is in receivership, shall be responsible for any costs and fees of the receiver and the enforcement agency.
Comments
- Author’s statement. “Warehouses are sometimes converted to residential use without the knowledge of local officials. These buildings aren’t covered under state laws mandating fire inspections, meaning that unsafe conditions can go undetected for years. Even if local officials discover a dangerous building, variation in how judges interpret the law make it difficult for locals to use all of their available tools, particularly when a space is used as an unpermitted residence. At the same time, not all jurisdictions make it easy to bring buildings up to code. Notices of violation often don’t tell building occupants what they need to fix or how to fix it. SB 1415 responds by beefing up local inspections by ensuring that spaces often used as unpermitted residences are regularly inspected, and allows local officials to charge a fee to cover those inspections. It also ensures accountability by requiring reports on inspections already mandated by law. Once a dangerous building is discovered, SB 1415 improves the tools that local governments have by ensuring that receivership laws and relocation benefits apply to any space used for habitation, regardless of legal status, and by removing other hurdles to enforcement. Finally, SB 1415 makes it easier for tenants and landlords to bring buildings up to code by directing local officials to identify specific violations of building codes and offer advice on how to fix those violations.”
- Ghost Ship fire. In December 2016, a deadly fire at an Oakland warehouse, known as the Ghost Ship, killed 36 people, the highest death toll for a structural fire in the United States in over 10 years. The Ghost Ship was a two-story warehouse that had been leased to artists who lived and worked in the building, periodically using it for events. Zoned as a warehouse, neither residential nor assembly uses were permitted by the city. Issues with the Ghost Ship had surfaced prior to the fire: The City of Oakland documented 39 code enforcement inspections and 10 code enforcement complaints of the warehouse and the adjacent vacant lot between 2004 and 2016. Media reports suggest that the Ghost Ship hadn’t been inspected in 30 years. Had an inspection occurred, officials could have raised concerns about the safety and occupancy of the building.[1] A recent investigation by The Mercury News/East Bay Times indicates that the failure to perform mandated annual inspections is commonplace, at least in the Bay Area[2]. For instance, that investigation found that 72% of apartment buildings in Oakland were not inspected in 2017; neither were 78% of schools in Redwood City. The Senate Committee on Governance and Finance (G&F) convened two informational hearings to understand the issues around the Ghost Ship fire. This bill is one of the work products of those hearings.
- Taking a closer look. The heart of this bill is the new requirement on local governments to inspect specified industrial and storage structures every five years. These structures include buildings used for assembly, manufacturing, packaging, repair and storage, including of hazardous materials. (Current law gives local governments the discretion to determine how often these structures should be inspected.) Additionally, this bill requires local governments to annually report to the State Fire Marshal on how many structures they are required to inspect and how many are overdue for inspection. By publishing this information, the author intends to increase the incentive for local governments to perform these required inspections. As noted above, many local governments have not kept up with these mandatory inspections: Testimony in the Senate G&F Committee hearing by a representative of the California Building Officials indicated that annual inspections are a burden on the local government’s general fund, and are typically done in reaction to a complaint. It’s not clear why annual inspections should impact the general fund, as local governments have the authority to impose inspection fees. However, as noted below, the author is authoring a second bill, SB 1416, which authorizes local governments to impose a lien on properties for payment of inspection fees.
- Be specific. One of the concerns articulated in the Senate G&F Committee hearings was that the notices to correct building code violations can be too general, leaving the building owner without a clear path to clearing the violations. This bill requires that these notices identify the specific features that need repair, the types of repairs that are needed, and the specific code provisions being violated.
- Putting down the hammer. A property owner who fails to heed notices to repair building code violations that are a substantial danger to the health and safety of residents or the public is subject to losing control of that property to a receiver selected by the court. The receiver manages the building, pays the expenses, collects the rent, and contracts to obtain the necessary repairs to fix the violations at the owner’s expense. Whether a building goes into receivership is decided by a judge, who has broad latitude. This bill limits that discretion, requiring the judge to appoint a receiver unless there is clear and convincing evidence that the laws regarding the identification and notification of the violations weren’t followed.
- Another Facet of our Housing Crisis. Survivors of the Ghost Ship fire have noted that one of the primary reasons for living in an unpermitted warehouse was the low cost. Rising rents have priced many out of California’s communities. One solution has been to create housing out of buildings that were never meant to be homes. While perhaps this can be done safely, the Ghost Ship fire is a horrific example of how this can end badly. Bringing unsafe structures up to code can be costly and will inevitably result in higher rents to cover the building owner’s costs, undoing what makes these spaces attractive. Many owners will elect not to pay for the renovation and simply evict the tenants, an unfortunate result of ensuring that structures are safe for their uses.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Assembly Appropriations Committee:
- Estimated ongoing costs of up to $100,000 (GF) annually for the State Fire Marshal to receive building inspection reports from more than 800 local agencies and compile and post them on its Web site.
- Unknown potential reimbursable mandate costs (GF). To the extent that an affected local agency incurs additional costs to provide inspection data reports to the fire marshal and files a successful reimbursement claim with the Commission on State Mandates, the state would be responsible for reimbursement of eligible costs. Local agencies may charge fees for building inspections, and staff assumes that it is permissible to include the incidental administrative costs to track building inspection data in the reasonable inspection fees charged to building owners. Therefore, it appears unlikely that the requirements of this bill would be deemed a reimbursable state-mandated local program.
California Association of Code Enforcement Officers
California Building Officials
California Business Properties Association
OPPOSITION: (Verified 10/2/18)
None received
GOVERNOR'S VETO MESSAGE:
I am returning Senate Bill 1415 without my signature.
This bill would require local building and fire inspectors to inspect all private warehouses located within their jurisdiction at least once every five years.
Local officials can already decide what and when to inspect. Some jurisdictions, such as the City of Sacramento, have established a program to monitor vacant buildings. The City of Oakland has a program to conduct frequent inspections of commercial buildings.
Local governments have a better understanding of the type of local inspections needed in their communities. Let's leave these decisions to the sound discretion of local governments.
ASSEMBLY FLOOR: 73-1, 8/28/18
AYES: Acosta, Aguiar-Curry, Arambula, Baker, Berman, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Holden, Irwin, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, O'Donnell, Quirk, Quirk-Silva, Reyes, Rivas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon
NOES: Jones-Sawyer
NO VOTE RECORDED: Travis Allen, Bigelow, Fong, Harper, Obernolte, Patterson
10/4/18 12:41:11
**** END ****
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
UNFINISHED BUSINESS
Bill No: SB 1415
:
SENATE TRANS. & HOUSING COMMITTEE: 10-0, 4/17/18
AYES: Beall, Cannella, Galgiani, McGuire, Morrell, Roth, Skinner, Vidak, Wieckowski, Wiener
NO VOTE RECORDED: Allen, Dodd, Gaines
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/25/18
AYES: Lara, Bates, Beall, Bradford, Hill, Nielsen, Wiener
SENATE FLOOR: 36-0, 5/30/18
AYES: Allen, Anderson, Atkins, Bates, Beall, Berryhill, Bradford, Dodd, Gaines, Galgiani, Glazer, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leyva, McGuire, Mitchell, Monning, Moorlach, Morrell, Newman, Nguyen, Nielsen, Pan, Portantino, Roth, Skinner, Stern, Stone, Vidak, Wieckowski, Wiener, Wilk
NO VOTE RECORDED: Cannella, De León, Fuller
ASSEMBLY FLOOR: 73-1, 8/28/18 - See last page for vote
DIGEST:
This bill requires building inspections of specified storage structures, authorizes fees to cover inspection costs, requires reporting of the backlog of mandated building inspections by local governments, and generally extends existing tenant protections and notifications to buildings which are used for human habitation, as distinct from residential buildings.
Assembly Amendments
narrow the additional inspection requirement by deleting additional inspections for factory and hazardous storage structures and by sunsetting the requirement for inspections on storage structures on January 1, 2029.
Inspections
Existing law requires local officials, typically the local fire chief or his/her representative, to conduct annual fire safety inspections on K-12 schools, multi-family dwellings and high rise dwellings, and requires the State Fire Marshal to biannually inspect jails and prisons. Fees to conduct these inspections are authorized.
This bill:
- Requires local governments to annually report to the State Fire Marshal on the number of structures which it is required to inspect and the number which are overdue for inspection. These reports shall be published on the State Fire Marshal’s Web site.
- Requires local governments to, at least every five years and only until January 1, 2029, inspect specified storage structures, as defined, for which the local government may assess a fee.
Abatement Notices
Existing law requires an enforcement agency that finds a building in violation of the California Building Standards Code to notify the owner to abate the violation.
This bill requires that such notice shall specifically identify the needed repairs and the codes being violated, with specific exemptions.
Receivership
Existing law authorizes enforcement agencies, tenants, or tenant associations to petition a court to appoint a receiver for a substandard building if the owner fails to comply within a reasonable time with the terms of the notice of violation. The receiver takes complete control of the building, including management and repairs to remedy any violations. The court has broad discretion in its decision.
This bill:
- Narrows the discretion of the court by requiring that a receiver be appointed unless the owner can provide clear and convincing evidence that the existing law regarding code violations and notice requirements were not followed.
- Clarifies that a receiver can be appointed for any property used for human habitation.
Relocation Benefits
Existing law provides for the payment of relocation benefits to a tenant who is displaced because of a building violation that endangers the immediate health and safety of the residents.
This bill provides that existing tenant relocation benefits shall be extended to any unit used for human habitation, regardless of zoning designation.
Numerous Clarifications
Existing law allows enforcement agencies to enforce provisions of the California Building Standards Code.
This bill clarifies that enforcement agencies may also enforce their municipal codes and municipal building and fire codes.
Existing law requires enforcement agencies to provide each resident with copies of any notices of violation, orders and permits.
This bill clarifies that these notices shall also be posted on the building.
Existing law provides that receivers are entitled to the same fees, commissions, and necessary expenses as receivers in actions to foreclosed properties.
This bill clarifies that any person, who acquires a property which is in violation of building codes and is in receivership, shall be responsible for any costs and fees of the receiver and the enforcement agency.
Comments
- Author’s statement. Warehouses are sometimes converted to residential use without the knowledge of local officials. These buildings aren’t covered under state laws mandating fire inspections, meaning that unsafe conditions can go undetected for years. Even if local officials discover a dangerous building, variation in how judges interpret the law make it difficult for locals to use all of their available tools, particularly when a space is used as an unpermitted residence. At the same time, not all jurisdictions make it easy to bring buildings up to code. Notices of violation often don’t tell building occupants what they need to fix or how to fix it. SB 1415 responds by beefing up local inspections by ensuring that spaces often used as unpermitted residences are regularly inspected, and allows local officials to charge a fee to cover those inspections. It also ensures accountability by requiring reports on inspections already mandated by law. Once a dangerous building is discovered, SB 1415 improves the tools that local governments have by ensuring that receivership laws and relocation benefits apply to any space used for habitation, regardless of legal status, and by removing other hurdles to enforcement. Finally, SB 1415 makes it easier for tenants and landlords to bring buildings up to code by directing local officials to identify specific violations of building codes and offer advice on how to fix those violations.
- Ghost Ship Fire. In December 2016, a deadly fire at an Oakland warehouse, known as the Ghost Ship, killed 36 people, the highest death toll for a structural fire in the United States in over 10 years. The Ghost Ship was a two-story warehouse that had been leased to artists who lived and worked in the building, periodically using it for events. Zoned as a warehouse, neither residential nor assembly uses were permitted by the city. Issues with the Ghost Ship had surfaced prior to the fire: The City of Oakland documented 39 code enforcement inspections and 10 code enforcement complaints of the warehouse and the adjacent vacant lot between 2004 and 2016. Media reports suggest that the Ghost Ship hadn’t been inspected in 30 years. Had an inspection occurred, officials could have raised concerns about the safety and occupancy of the building.[1] A recent investigation by The Mercury News/East Bay Times indicates that the failure to perform mandated annual inspections is commonplace, at least in the Bay Area[2]. For instance, that investigation found that 72% of apartment buildings in Oakland were not inspected in 2017; neither were 78% of schools in Redwood City. The Senate Committee on Governance and Finance (G&F) convened two informational hearings to understand the issues around the Ghost Ship fire. This bill is one of the work products of those hearings.
- Taking a closer look. The heart of this bill is the new requirement on local governments to inspect specified industrial and storage structures every five years. These structures include buildings used for assembly, manufacturing, packaging, repair and storage, including of hazardous materials. (Current law gives local governments the discretion to determine how often these structures should be inspected.) Additionally, this bill requires local governments to annually report to the State Fire Marshal on how many structures they are required to inspect and how many are overdue for inspection. By publishing this information the author intends to increase the incentive for local governments to perform these required inspections. As noted above, many local governments have not kept up with these mandatory inspections: Testimony in the Senate G&F Committee hearing by a representative of the California Building Officials indicated that annual inspections are a burden on the local government’s general fund, and are typically done in reaction to a complaint. It’s not clear why annual inspections should impact the general fund, as local governments have the authority to impose inspection fees. However, as noted below, the author is authoring a second bill, SB 1416, which authorizes local governments to impose a lien on properties for payment of inspection fees.
- Be specific. One of the concerns articulated in the Senate G&F Committee hearings was that the notices to correct building code violations can be too general, leaving the building owner without a clear path to clearing the violations. This bill requires that these notices identify the specific features that need repair, the types of repairs that are needed, and the specific code provisions being violated.
- Putting down the hammer. A property owner who fails to heed notices to repair building code violations that are a substantial danger to the health and safety of residents or the public is subject to losing control of that property to a receiver selected by the court. The receiver manages the building, pays the expenses, collects the rent, and contracts to obtain the necessary repairs to fix the violations at the owner’s expense. Whether a building goes into receivership is decided by a judge, who has broad latitude. This bill limits that discretion, requiring the judge to appoint a receiver unless there is clear and convincing evidence that the laws regarding the identification and notification of the violations weren’t followed.
- Another facet of our housing crisis. Survivors of the Ghost Ship fire have noted that one of the primary reasons for living in an unpermitted warehouse was the low cost. Rising rents have priced many out of California’s communities. One solution has been to create housing out of buildings that were never meant to be homes. While perhaps this can be done safely, the Ghost Ship fire is a horrific example of how this can end badly. Bringing unsafe structures up to code can be costly and will inevitably result in higher rents to cover the building owner’s costs, undoing what makes these spaces attractive. Many owners will elect not to pay for the renovation and simply evict the tenants, an unfortunate result of ensuring that structures are safe for their uses.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Assembly Appropriations Committee:
- Estimated ongoing costs of up to $100,000 (GF) annually for the State Fire Marshal to receive building inspection reports from more than 800 local agencies and compile and post them on its website.
- Unknown potential reimbursable mandate costs (GF). To the extent that an affected local agency incurs additional costs to provide inspection data reports to the fire marshal and files a successful reimbursement claim with the Commission on State Mandates, the state would be responsible for reimbursement of eligible costs. Local agencies may charge fees for building inspections, and staff assumes that it is permissible to include the incidental administrative costs to track building inspection data in the reasonable inspection fees charged to building owners. Therefore, it appears unlikely that the requirements of this bill would be deemed a reimbursable state-mandated local program.
California Association of Code Enforcement Officers
California Building Officials
California Business Properties Association
OPPOSITION: (Verified 8/28/18)
None received
ASSEMBLY FLOOR: 73-1, 8/28/18
AYES: Acosta, Aguiar-Curry, Arambula, Baker, Berman, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Holden, Irwin, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, O'Donnell, Quirk, Quirk-Silva, Reyes, Rivas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon
NOES: Jones-Sawyer
NO VOTE RECORDED: Travis Allen, Bigelow, Fong, Harper, Obernolte, Patterson
8/28/18 21:35:56
**** END ****
SENATE THIRD READING
STR Bill Id:SB 1415
Author:(McGuire)
As Amended Ver:August 24, 2018
Majority vote
SENATE VOTE: 36-0
Committee | Votes | Ayes | Noes |
Housing | 7-0 | Chiu, Maienschein, Chau, Choi, Gloria, Limón, Wood |
|
Appropriations | 12-0 | Gonzalez Fletcher, Bloom, Bonta, Calderon, Carrillo, Chau, Eggman, Friedman, Eduardo Garcia, Nazarian, Quirk, Reyes |
|
SUMMARY: Requires building inspections of specified industrial and storage structures, authorizes fees to cover inspection costs, requires reporting of the backlog of mandated building inspections by local governments, and generally extends existing tenant protections and notifications to buildings which are used for human habitation, of which residential buildings are a subset. Specifically, this bill:
- Requires local governments to annually report to the State Fire Marshall on the number of structures which it is required to inspect and the number which are overdue for inspection. These reports shall be published on the State Fire Marshal's Web site.
- Requires local governments to, at least every five years, inspect privately owned, specified industrial and storage structures, as defined, for which the local government may assess a fee.
- Exempts the following structures from inspection every five years:
- A structure is not capable of occupancy exceeding forty-nine people;
- A structure that is subject to regular state-mandated inspection for any purpose, including but not limited to, occupational safety and compliance with health codes;
- The structure is occupied by a person who possesses a valid, current business license, or other permit to operate from the state or a local jurisdiction; and
- The structure is not fully enclosed including but limited to parking structures.
- Provides that the local government's inspection of structures does not affect the types of violations that a fire official is responsible for enforcing.
- Sunsets the requirement to inspect structures annually after ten years.
- Requires an enforcement agency that finds a building in violation of the California Building Standards Code (CBSC) to include in the notice to the owner to abate the violation the needed repairs and the codes being violated, with specific exemptions.
- Requires a court to appoint a receiver if an enforcement agencies, tenants, or tenant associations petitions a court to appoint a receiver for a substandard building unless the owner can provide clear and convincing evidence that the existing law regarding code violations and notice requirements were not followed.
- Clarifies that a receiver can be appointed for any property used for human habitation.
- Requires payment of relocation benefits to a tenant displaced because of a building violation that endangers the immediate health and safety of the residents if the unit is used for human habitation, regardless of zoning designation.
- Clarifies that enforcement agencies may also enforce their municipal codes and municipal building and fire codes in addition the CBSC.
- Requires that enforcement agencies post notice of any violation, orders and permits on a building.
- Clarifies that any person, who acquires a property which is in violation of building codes and is in receivership, shall be responsible for any costs and fees of the receiver and the enforcement agency
FISCAL EFFECT: According to the Assembly Appropriations Committee:
- Estimated ongoing costs of up to $100,000 (GF) annually for the State Fire Marshal to receive building inspection reports from more than 800 local agencies and compile and post them on its website.
- Unknown potential reimbursable mandate costs (GF). To the extent that an affected local agency incurs additional costs to provide inspection data reports to the fire marshal and files a successful reimbursement claim with the Commission on State Mandates, the state would be responsible for reimbursement of eligible costs. Local agencies may charge fees for building inspections, and staff assumes that it is permissible to include the incidental administrative costs to track building inspection data in the reasonable inspection fees charged to building owners. Therefore, it appears unlikely that the requirements of this bill would be deemed a reimbursable state-mandated local program.
COMMENTS:
Purpose of this bill: According to the author, warehouses and factory spaces sometimes are converted to residential use without the knowledge of local officials. These buildings aren't covered under state laws mandating fire inspections, meaning that unsafe conditions can go undetected for years. Even if local officials discover a dangerous building, variation in how judges interpret the law make it difficult for locals to use all of their available tools, particularly when a space is used as an unpermitted residence. At the same time, not all jurisdictions make it easy to bring buildings up to code. Notices of violation often don't tell building occupants what they need to fix or how to fix it. SB 1415 responds by beefing up local inspections by ensuring that spaces often used as unpermitted residences are regularly inspected, and allows local officials to charge a fee to cover those inspections. It also ensures accountability by requiring reports on inspections already mandated by law. Once a dangerous building is discovered, SB 1415 improves the tools that local governments have by ensuring that receivership laws and relocation benefits apply to any space used for habitation, regardless of legal status, and by removing other hurdles to enforcement. Finally, SB 1415 makes it easier for tenants and landlords to bring buildings up to code by directing local officials to identify specific violations of building codes and offer advice on how to fix those violations.
Background: In December 2016, a deadly fire at an Oakland warehouse, known as the Ghost Ship, killed 36 people, the highest death toll for a structural fire in the United States in over 10 years. The Ghost Ship was a two-story warehouse that had been leased to artists who lived and worked in the building, periodically using it for events. Zoned as a warehouse, neither residential nor assembly uses were permitted by the city. Issues with the Ghost Ship had surfaced prior to the fire: The City of Oakland documented 39 code enforcement inspections and 10 code enforcement complaints of the warehouse and the adjacent vacant lot between 2004 and 2016. Media reports suggest that the Ghost Ship hadn't been inspected in 30 years. Had an inspection occurred, officials could have raised concerns about the safety and occupancy of the building. Two people, including the property manager, have been criminally charged because of the deaths.
New inspection requirements: This bill would require local governments to inspect specified industrial and storage structures every five years. These structures include buildings used for assembly, manufacturing, packaging, repair and storage, including of hazardous materials. (Current law gives local governments the discretion to determine how often these structures should be inspected.) Additionally, this bill requires local governments to annually report to the State Fire Marshal on how many structures they are required to inspect and how many are overdue for inspection. By publishing this information the author intends to increase the incentive for local governments to perform these required inspections.
Analysis Prepared by: Lisa Engel / H. & C.D. / (916) 319-2085 FN: 0004747
SENATE THIRD READING
STR Bill Id:SB 1415
Author:(McGuire)
As Amended Ver:May 25, 2018
Majority vote
SENATE VOTE: 36-0
Committee | Votes | Ayes | Noes |
Housing | 7-0 | Chiu, Maienschein, Chau, Choi, Gloria, Limón, Wood | |
Appropriations | 12-0 | Gonzalez Fletcher, Bloom, Bonta, Calderon, Carrillo, Chau, Eggman, Friedman, Eduardo Garcia, Nazarian, Quirk, Reyes |
SUMMARY: Requires building inspections of specified industrial and storage structures, authorizes fees to cover inspection costs, requires reporting of the backlog of mandated building inspections by local governments, and generally extends existing tenant protections and notifications to buildings which are used for human habitation, of which residential buildings are a subset. Specifically, this bill:
- Requires local governments to annually report to the State Fire Marshall on the number of structures which it is required to inspect and the number which are overdue for inspection. These reports shall be published on the State Fire Marshal's Web site.
- Requires local governments to, at least every five years, inspect specified industrial and storage structures, as defined, for which the local government may assess a fee.
- Requires an enforcement agency that finds a building in violation of the California Building Standards Code (CBSC) to include in the notice to the owner to abate the violation the needed repairs and the codes being violated, with specific exemptions.
- Requires a court to appoint a receiver if an enforcement agencies, tenants, or tenant associations petitions a court to appoint a receiver for a substandard building unless the owner can provide clear and convincing evidence that the existing law regarding code violations and notice requirements were not followed.
- Clarifies that a receiver can be appointed for any property used for human habitation.
- Requires payment of relocation benefits to a tenant displaced because of a building violation that endangers the immediate health and safety of the residents if the unit is used for human habitation, regardless of zoning designation.
- Clarifies that enforcement agencies may also enforce their municipal codes and municipal building and fire codes in addition the CBSC.
- Requires that enforcement agencies post notice of any violation, orders and permits on a building.
- Clarifies that any person, who acquires a property which is in violation of building codes and is in receivership, shall be responsible for any costs and fees of the receiver and the enforcement agency
FISCAL EFFECT: According to the Assembly Appropriations Committee:
- Estimated ongoing costs of up to $100,000 General Fund (GF) annually for the State Fire Marshal to receive building inspection reports from more than 800 local agencies and compile and post them on its website.
- Unknown potential reimbursable mandate costs (GF). To the extent that an affected local agency incurs additional costs to provide inspection data reports to the fire marshal and files a successful reimbursement claim with the Commission on State Mandates, the state would be responsible for reimbursement of eligible costs. Local agencies may charge fees for building inspections, and staff assumes that it is permissible to include the incidental administrative costs to track building inspection data in the reasonable inspection fees charged to building owners. Therefore, it appears unlikely that the requirements of this bill would be deemed a reimbursable state-mandated local program.
COMMENTS:
Purpose of this bill: According to the author, warehouses and factory spaces sometimes are converted to residential use without the knowledge of local officials. These buildings aren't covered under state laws mandating fire inspections, meaning that unsafe conditions can go undetected for years. Even if local officials discover a dangerous building, variation in how judges interpret the law make it difficult for locals to use all of their available tools, particularly when a space is used as an unpermitted residence. At the same time, not all jurisdictions make it easy to bring buildings up to code. Notices of violation often don't tell building occupants what they need to fix or how to fix it. This bill responds by beefing up local inspections by ensuring that spaces often used as unpermitted residences are regularly inspected, and allows local officials to charge a fee to cover those inspections. It also ensures accountability by requiring reports on inspections already mandated by law. Once a dangerous building is discovered, this bill improves the tools that local governments have by ensuring that receivership laws and relocation benefits apply to any space used for habitation, regardless of legal status, and by removing other hurdles to enforcement. Finally, this bill makes it easier for tenants and landlords to bring buildings up to code by directing local officials to identify specific violations of building codes and offer advice on how to fix those violations.
Background: In December 2016, a deadly fire at an Oakland warehouse, known as the Ghost Ship, killed 36 people, the highest death toll for a structural fire in the United States in over 10 years. The Ghost Ship was a two-story warehouse that had been leased to artists who lived and worked in the building, periodically using it for events. Zoned as a warehouse, neither residential nor assembly uses were permitted by the city. Issues with the Ghost Ship had surfaced prior to the fire: The City of Oakland documented 39 code enforcement inspections and 10 code enforcement complaints of the warehouse and the adjacent vacant lot between 2004 and 2016. Media reports suggest that the Ghost Ship hadn't been inspected in 30 years. Had an inspection occurred, officials could have raised concerns about the safety and occupancy of the building. Two people, including the property manager, have been criminally charged because of the deaths.
New inspection requirements: This bill would require local governments to inspect specified industrial and storage structures every five years. These structures include buildings used for assembly, manufacturing, packaging, repair and storage, including of hazardous materials. (Current law gives local governments the discretion to determine how often these structures should be inspected.) Additionally, this bill requires local governments to annually report to the State Fire Marshal on how many structures they are required to inspect and how many are overdue for inspection. By publishing this information the author intends to increase the incentive for local governments to perform these required inspections.
Analysis Prepared by: Lisa Engel / H. & C.D. / (916) 319-2085 FN: 0003659
Date of Hearing: June 27, 2018
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
SBPCA Bill Id:SB 1415
Author:(McGuire) – As Amended Ver:May 25, 2018
Policy Committee: | Housing and Community Development | Vote: | 7 - 0 |
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY:
This bill require cities, counties, and fire protection districts to conduct inspections of specified industrial and storage structures every five years and authorize fees to cover inspection costs. The bill would require those local agencies to provide an annual report to the State Fire Marshal that includes specified building inspection data, and require the fire marshal to post those reports on its website. The bill also makes various changes that extend existing tenant protections and notifications to buildings which are used for human habitation, as distinct from residential buildings.
FISCAL EFFECT:
- Estimated ongoing costs of up to $100,000 (GF) annually for the State Fire Marshal to receive building inspection reports from more than 800 local agencies and compile and post them on its website.
- Unknown potential reimbursable mandate costs (GF). To the extent that an affected local agency incurs additional costs to provide inspection data reports to the fire marshal and files a successful reimbursement claim with the Commission on State Mandates, the state would be responsible for reimbursement of eligible costs. Local agencies may charge fees for building inspections, and staff assumes that it is permissible to include the incidental administrative costs to track building inspection data in the reasonable inspection fees charged to building owners. Therefore, it appears unlikely that the requirements of this bill would be deemed a reimbursable state-mandated local program.
COMMENTS:
- Purpose. This bill seeks to increase inspections of warehouses and factory spaces to better discover and remedy building code violations and other unsafe conditions, particularly when these spaces are converted to residential uses.
- Background. Existing law requires the chief of any city or county fire department or of any fire protection district, and their authorized representatives, to enforce the building standards and other regulations of the State Fire Marshal, as well as any locally adopted regulations that are more stringent and restrictive, as specified. As part of their enforcement responsibilities, these local officials conduct annual fire safety inspections on K-12 schools, multi-family dwellings, and high rise dwellings, and the State Fire Marshal conducts biannual inspections of jails and prisons. Local enforcement agencies are authorized to charge a reasonable fee to conduct these inspections. Warehouses and factory spaces are not subject to the same fire safety inspection requirements that apply to residential structures, even though they are sometimes illegally converted to residential uses.
Existing law requires an enforcement agency that finds a building in violation of the California Building Standards Code to notify the owner and abate the violation, and also provide each tenant with copies of any notices of violation. Existing law authorizes enforcement agencies, tenants, or tenant associations to petition a court to appoint a receiver for a substandard building if the owner fails to comply within a reasonable time with the terms of a notice of violation. The receiver takes complete control of the building, including management and repairs to remedy any violations. Existing law provides for the payment of relocation benefits to a tenant who is displaced because of a building violation that endangers the immediate health and safety of the residents.
In December 2016, a deadly fire at an Oakland warehouse, known as the Ghost Ship, killed 36 people, the greatest death toll for a structural fire in the United States in over ten years. The Ghost Ship was a two-story warehouse that had been leased to artists who lived and worked in the building, periodically using it for events. Because the building was zoned as a warehouse, neither residential nor assembly uses were permitted by the city. Issues with the Ghost Ship had surfaced prior to the fire: the City of Oakland documented 39 code enforcement inspections of and 10 code enforcement complaints against the warehouse and the adjacent vacant lot between 2004 and 2016. Media reports suggest the Ghost Ship hadn’t been inspected in 30 years. Had an inspection occurred, officials could have raised concerns about the safety and occupancy of the building. Two people, including the property manager, have been criminally charged because of the deaths. The Senate Committee on Governance and Finance convened two informational hearings to understand the issues around this fire.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
Date of Hearing: June 20, 2018
ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT
David Chiu, Chair
SBPCA Bill Id:SB 1415
Author:(McGuire) – As Amended Ver:May 25, 2018
SENATE VOTE: 36-0
SUBJECT: Housing
SUMMARY: Requires building inspections of specified industrial and storage structures, authorizes fees to cover inspection costs, requires reporting of the backlog of mandated building inspections by local governments, and generally extends existing tenant protections and notifications to buildings which are used for human habitation, of which residential buildings are a subset. Specifically, this bill:
- Requires local governments to annually report to the State Fire Marshall on the number of structures which it is required to inspect and the number which are overdue for inspection. These reports shall be published on the State Fire Marshal’s Web site.
- Requires local governments to, at least every five years, inspect specified industrial and storage structures, as defined, for which the local government may assess a fee.
- Requires an enforcement agency that finds a building in violation of the California Building Standards Code (CBSC) to include in the notice to the owner to abate the violation the needed repairs and the codes being violated, with specific exemptions.
- Requires a court to appoint a receiver if an enforcement agencies, tenants, or tenant associations petitions a court to appoint a receiver for a substandard building unless the owner can provide clear and convincing evidence that the existing law regarding code violations and notice requirements were not followed.
- Clarifies that a receiver can be appointed for any property used for human habitation.
- Requires payment of relocation benefits to a tenant displaced because of a building violation that endangers the immediate health and safety of the residents if the unit is used for human habitation, regardless of zoning designation.
- Clarifies that enforcement agencies may also enforce their municipal codes and municipal building and fire codes in addition the CBSC.
- Requires that enforcement agencies post notice of any violation, orders and permits on a building.
- Clarifies that any person, who acquires a property which is in violation of building codes and is in receivership, shall be responsible for any costs and fees of the receiver and the enforcement agency
EXISTING LAW:
- Requires local officials, typically the local fire chief or his/her representative, to conduct annual fire safety inspections on K-12 schools, multi-family dwellings and high rise dwellings, and requires the State Fire Marshall to biannually inspect jails and prisons. Fees to conduct these inspections are authorized.
- Requires an enforcement agency that finds a building in violation of the California Building Standards Code to notify the owner to abate the violation.
- Requires that such notice shall specifically identify the needed repairs and the codes being violated, with specific exemptions.
- Authorizes enforcement agencies, tenants, or tenant associations to petition a court to appoint a receiver for a substandard building if the owner fails to comply within a reasonable time with the terms of the notice of violation. The receiver takes complete control of the building, including management and repairs to remedy any violations. The court has broad discretion in its decision.
- Provides for the payment of relocation benefits to a tenant who is displaced because of a building violation that endangers the immediate health and safety of the residents.
- Allows enforcement agencies to enforce provisions of the California Building Standards Code.
- Requires enforcement agencies to provide each resident with copies of any notices of violation, orders and permits.
- Provides that receivers are entitled to the same fees, commissions, and necessary expenses as receivers in actions to foreclosed properties.
FISCAL EFFECT: Unknown.
COMMENTS:
Purpose of this bill: According to the author, warehouses and factory spaces sometimes are converted to residential use without the knowledge of local officials. These buildings aren’t covered under state laws mandating fire inspections, meaning that unsafe conditions can go undetected for years. Even if local officials discover a dangerous building, variation in how judges interpret the law make it difficult for locals to use all of their available tools, particularly when a space is used as an unpermitted residence. At the same time, not all jurisdictions make it easy to bring buildings up to code. Notices of violation often don’t tell building occupants what they need to fix or how to fix it. SB 1415 responds by beefing up local inspections by ensuring that spaces often used as unpermitted residences are regularly inspected, and allows local officials to charge a fee to cover those inspections. It also ensures accountability by requiring reports on inspections already mandated by law. Once a dangerous building is discovered, SB 1415 improves the tools that local governments have by ensuring that receivership laws and relocation benefits apply to any space used for habitation, regardless of legal status, and by removing other hurdles to enforcement. Finally, SB 1415 makes it easier for tenants and landlords to bring buildings up to code by directing local officials to identify specific violations of building codes and offer advice on how to fix those violations.
Background: In December 2016, a deadly fire at an Oakland warehouse, known as the Ghost Ship, killed 36 people, the highest death toll for a structural fire in the United States in over 10 years. The Ghost Ship was a two-story warehouse that had been leased to artists who lived and worked in the building, periodically using it for events. Zoned as a warehouse, neither residential nor assembly uses were permitted by the city. Issues with the Ghost Ship had surfaced prior to the fire: The City of Oakland documented 39 code enforcement inspections and 10 code enforcement complaints of the warehouse and the adjacent vacant lot between 2004 and 2016. Media reports suggest that the Ghost Ship hadn’t been inspected in 30 years. Had an inspection occurred, officials could have raised concerns about the safety and occupancy of the building. Two people, including the property manager, have been criminally charged because of the deaths.
New inspection requirements: This bill would require local governments to inspect specified industrial and storage structures every five years. These structures include buildings used for assembly, manufacturing, packaging, repair and storage, including of hazardous materials. (Current law gives local governments the discretion to determine how often these structures should be inspected.) Additionally, this bill requires local governments to annually report to the State Fire Marshal on how many structures they are required to inspect and how many are overdue for inspection. By publishing this information the author intends to increase the incentive for local governments to perform these required inspections.
REGISTERED SUPPORT / OPPOSITION:
Support
California Association of Code Enforcement Officers
California Building Officials
California Business Properties Association
Opposition
None on file
Analysis Prepared by: Lisa Engel / H. & C.D. / (916) 319-2085
SENATE COMMITTEE ON
Senator Ricardo Lara, Chair
2017 - 2018 Regular Session
SB 1415 (McGuire) - Housing
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
Bill Summary:
SB 1415 would require cities, counties, and fire protection districts to conduct inspections of specified industrial and storage structures every five years and authorize fees to cover inspection costs. The bill would require those local agencies to provide an annual report to the State Fire Marshal that includes specified building inspection data, and require the Fire Marshal to post those reports on its website. The bill also makes various changes that extend existing tenant protections and notifications to buildings which are used for human habitation, as distinct from residential buildings.
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on May 25, 2018
Fiscal Impact:
- Estimated ongoing costs of up to $100,000 annually for the State Fire Marshal to receive building inspection reports from over 800 local agencies and compile and post them on its website. (General Fund)
- Unknown potential reimbursable mandate costs (General Fund). To the extent that an affected local agency incurs additional costs to provide inspection data reports to the Fire Marshal and files a successful reimbursement claim with the Commission on State Mandates, the state would be responsible for reimbursement of eligible costs. Local agencies may charge fees for building inspections, and staff assumes that it is permissible to include the incidental administrative costs to track building inspection data in the reasonable inspection fees charged to building owners. As such, it appears unlikely that the requirements of this bill would be deemed a reimbursable state-mandated local program.
Author Amendments:
- Make numerous clarifying changes to the bill, including the following:
- Require notices of violation to include a “reasonably specific” identification of building standards, and identification of fixtures or structures that need to be corrected or abated.
- Make numerous changes to clarify that the health and safety of “nearby residents” as well as building occupants and the public must be protected.
- Specify that the appointment of a receiver pursuant to another provision of law shall not prevent an enforcement agency from seeking, and the court appointing or replacing, a receiver pursuant to the bill, as specified.
- Clarify that the bill covers all buildings used for human habitation, regardless of zoning, and continues to cover any residential property, regardless of occupancy.
-- END --
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
THIRD READING
Bill No: SB 1415
:
SENATE TRANS. & HOUSING COMMITTEE: 10-0, 4/17/18
AYES: Beall, Cannella, Galgiani, McGuire, Morrell, Roth, Skinner, Vidak, Wieckowski, Wiener
NO VOTE RECORDED: Allen, Dodd, Gaines
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/25/18
AYES: Lara, Bates, Beall, Bradford, Hill, Nielsen, Wiener
DIGEST:
This bill requires building inspections of specified industrial and storage structures, authorizes fees to cover inspection costs, requires reporting of the backlog of mandated building inspections by local governments, and generally extends existing tenant protections and notifications to buildings which are used for human habitation, of which residential buildings are a subset.
Inspections
Existing law requires local officials, typically the local fire chief or his/her representative, to conduct annual fire safety inspections on K-12 schools, multi-family dwellings and high rise dwellings, and requires the State Fire Marshall to biannually inspect jails and prisons. Fees to conduct these inspections are authorized.
This bill requires:
- Local governments to annually report to the State Fire Marshall on the number of structures which it is required to inspect and the number which are overdue for inspection. These reports shall be published on the State Fire Marshal’s Web site.
- Local governments to, at least every five years, inspect specified industrial and storage structures, as defined, for which the local government may assess a fee.
Abatement Notices
Existing law requires an enforcement agency that finds a building in violation of the California Building Standards Code to notify the owner to abate the violation.
This bill requires that such notice shall specifically identify the needed repairs and the codes being violated, with specific exemptions.
Receivership
Existing law authorizes enforcement agencies, tenants, or tenant associations to petition a court to appoint a receiver for a substandard building if the owner fails to comply within a reasonable time with the terms of the notice of violation. The receiver takes complete control of the building, including management and repairs to remedy any violations. The court has broad discretion in its decision.
This bill narrows the discretion of the court by requiring that a receiver be appointed unless the owner can provide clear and convincing evidence that the existing law regarding code violations and notice requirements were not followed. This bill also clarifies that a receiver can be appointed for any property used for human habitation.
Relocation Benefits
Existing law provides for the payment of relocation benefits to a tenant who is displaced because of a building violation that endangers the immediate health and safety of the residents.
This bill provides that existing tenant relocation benefits shall be extended to any unit used for human habitation, regardless of zoning designation.
Numerous Clarifications
Existing law allows enforcement agencies to enforce provisions of the California Building Standards Code.
This bill clarifies that enforcement agencies may also enforce their municipal codes and municipal building and fire codes.
Existing law requires enforcement agencies to provide each resident with copies of any notices of violation, orders and permits.
This bill clarifies that these notices shall also be posted on the building.
Existing law provides that receivers are entitled to the same fees, commissions, and necessary expenses as receivers in actions to foreclosed properties.
This bill clarifies that any person, who acquires a property which is in violation of building codes and is in receivership, shall be responsible for any costs and fees of the receiver and the enforcement agency.
Comments
- Author’s statement. Warehouses and factory spaces sometimes are converted to residential use without the knowledge of local officials. These buildings aren’t covered under state laws mandating fire inspections, meaning that unsafe conditions can go undetected for years. Even if local officials discover a dangerous building, variation in how judges interpret the law make it difficult for locals to use all of their available tools, particularly when a space is used as an unpermitted residence. At the same time, not all jurisdictions make it easy to bring buildings up to code. Notices of violation often don’t tell building occupants what they need to fix or how to fix it. SB 1415 responds by beefing up local inspections by ensuring that spaces often used as unpermitted residences are regularly inspected, and allows local officials to charge a fee to cover those inspections. It also ensures accountability by requiring reports on inspections already mandated by law. Once a dangerous building is discovered, SB 1415 improves the tools that local governments have by ensuring that receivership laws and relocation benefits apply to any space used for habitation, regardless of legal status, and by removing other hurdles to enforcement. Finally, SB 1415 makes it easier for tenants and landlords to bring buildings up to code by directing local officials to identify specific violations of building codes and offer advice on how to fix those violations.
- Ghost Ship fire. In December 2016, a deadly fire at an Oakland warehouse, known as the Ghost Ship, killed 36 people, the highest death toll for a structural fire in the United States in over 10 years. The Ghost Ship was a two-story warehouse that had been leased to artists who lived and worked in the building, periodically using it for events. Zoned as a warehouse, neither residential nor assembly uses were permitted by the city. Issues with the Ghost Ship had surfaced prior to the fire: The City of Oakland documented 39 code enforcement inspections and 10 code enforcement complaints of the warehouse and the adjacent vacant lot between 2004 and 2016. Media reports suggest that the Ghost Ship hadn’t been inspected in 30 years. Had an inspection occurred, officials could have raised concerns about the safety and occupancy of the building.[1] Two people, including the property manager, have been criminally charged because of the deaths. The Senate Committee on Governance and Finance (G&F) convened two informational hearings to understand the issues around this fire. This bill is one of the work products of those hearings.
- Taking a closer look. The heart of this bill is the new requirement on local governments to inspect specified industrial and storage structures every five years. These structures include buildings used for assembly, manufacturing, packaging, repair and storage, including of hazardous materials. (Current law gives local governments the discretion to determine how often these structures should be inspected.) Additionally, this bill requires local governments to annually report to the State Fire Marshal on how many structures they are required to inspect and how many are overdue for inspection. By publishing this information the author intends to increase the incentive for local governments to perform these required inspections. It appears that some local governments have not kept up with these mandatory inspections: Testimony in the Senate G&F Committee hearing by a representative of the California Building Officials indicated that annual inspections are a burden on the local government’s general fund, and are typically done in reaction to a complaint. It’s not clear why annual inspections should impact the general fund, as local governments have the authority to impose inspection fees. However, as noted below, the author is authoring a second bill, SB 1416, which authorizes local governments to impose a lien on properties for payment of inspection fees.
- Be specific. One of the concerns articulated in the Senate G&F Committee hearings was that the notices to correct building code violations can be too general, leaving the building owner without a clear path to clearing the violations. This bill requires that these notices identify the specific features that need repair, the types of repairs that are needed, and the specific code provisions being violated. If the enforcement agency determines that preparing such a notice prevents the agency from acting on an immediate threat to public health and safety, the agency can issue a more general violation notice and follow up with the more detailed notice within 10 days.
- Putting down the hammer. A property owner who fails to heed notices to repair building code violations that are a substantial danger to the health and safety of residents or the public is subject to losing control of that property to a receiver selected by the court. The receiver manages the building, pays the expenses, collects the rent, and contracts to obtain the necessary repairs to fix the violations at the owner’s expense. Whether a building goes into receivership is decided by a judge, who has broad latitude. This bill limits that discretion, requiring the judge to appoint a receiver unless there is clear and convincing evidence that the laws regarding the identification and notification of the violations weren’t followed.
- Double team. SB 1416 (McGuire, 2018) also results from the Senate G&F Committee hearings on the Ghost Ship fire. This bill, which is pending in the Senate G&F Committee, allows, until January 1, 2024, cities and counties to collect fines for nuisance abatement through a special assessment and an abatement lien on the property that harbored the nuisance.
- Another facet of our housing crisis. Survivors of the Ghost Ship fire have noted that one of the primary reasons for living in an unpermitted warehouse was the low cost. Rising rents have priced many out of California’s communities. One solution has been to create housing out of buildings that were never meant to be homes. While perhaps this can be done safely, the Ghost Ship fire is a horrific example of how this can end badly. Bringing unsafe structures up to code can be costly and will inevitably result in higher rents to cover the building owner’s costs, undoing what makes these spaces attractive. Many owners will elect not to pay for the renovation and simply evict the tenants, an unfortunate result of ensuring that structures are safe for their uses.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Senate Appropriations Committee:
- Estimated ongoing costs of up to $100,000 annually for the State Fire Marshal to receive building inspection reports from over 800 local agencies and compile and post them on its Web site. (General Fund)
- Unknown potential reimbursable mandate costs (General Fund). To the extent that an affected local agency incurs additional costs to provide inspection data reports to the State Fire Marshal and files a successful reimbursement claim with the Commission on State Mandates, the state would be responsible for reimbursement of eligible costs. Local agencies may charge fees for building inspections, and staff assumes that it is permissible to include the incidental administrative costs to track building inspection data in the reasonable inspection fees charged to building owners. As such, it appears unlikely that the requirements of this bill would be deemed a reimbursable state-mandated local program.
None received
OPPOSITION: (Verified 5/25/18)
None received
5/29/18 10:44:13
**** END ****
The Oakland Fire Department’s Origin and Cause Report, Incident # 2016-085231, showed pictures of an eclectic and crowded interior with non-standard multi-story construction and apparently unpermitted occupancy. ↑
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2017 - 2018 Regular Session
SB 1415 (McGuire) - Housing
Version: April 23, 2018 | Policy Vote: T. & H. 10 - 0 |
Urgency: No | Mandate: Yes |
Hearing Date: May 14, 2018 | Consultant: Mark McKenzie |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
SB 1415 would require cities, counties, and fire protection districts to conduct inspections of specified industrial and storage structures every five years and authorize fees to cover inspection costs. The bill would require those local agencies to provide an annual report to the State Fire Marshal that includes specified building inspection data, and require the Fire Marshal to post those reports on its website. The bill also makes various changes that extend existing tenant protections and notifications to buildings which are used for human habitation, as distinct from residential buildings.
Fiscal Impact:
- Estimated ongoing costs of up to $100,000 annually for the State Fire Marshal to receive building inspection reports from over 800 local agencies and compile and post them on its website. (General Fund)
- Unknown potential reimbursable mandate costs (General Fund). To the extent that an affected local agency incurs additional costs to provide inspection data reports to the Fire Marshal and files a successful reimbursement claim with the Commission on State Mandates, the state would be responsible for reimbursement of eligible costs. (See Staff Comments)
Background:
Existing law requires the chief of any city, county fire department or of any fire protection district, and their authorized representatives, to enforce the building standards and other regulations of the State Fire Marshal, as well as any locally-adopted regulations that are more stringent and restrictive, a specified. As part of their enforcement responsibilities, these local officials conduct annual fire safety inspections on K-12 schools, multi-family dwellings, and high rise dwellings, and the State Fire Marshal conducts biannually inspections of jails and prisons. Local enforcement agencies are authorized to charge a reasonable fee to conduct these inspections. Warehouses and factory spaces are not subject to the same fire safety inspection requirements that apply to residential structures, even though they are sometimes illegally converted to residential uses.
Existing law requires an enforcement agency that finds a building in violation of the California Building Standards Code to notify the owner and abate the violation, and also provide each tenant with copies of any notices of violation. Existing law authorizes enforcement agencies, tenants, or tenant associations to petition a court to appoint a receiver for a substandard building if the owner fails to comply within a reasonable time with the terms of a notice of violation. The receiver takes complete control of the building, including management and repairs to remedy any violations. Existing law provides for the payment of relocation benefits to a tenant who is displaced because of a building violation that endangers the immediate health and safety of the residents.
In December 2016, a deadly fire at an Oakland warehouse, known as the Ghost Ship, killed 36 people, the highest death toll for a structural fire in the United States in over ten years. The Ghost Ship was a two-story warehouse that had been leased to artists who lived and worked in the building, periodically using it for events. Zoned as a warehouse, neither residential nor assembly uses were permitted by the city. Issues with the Ghost Ship had surfaced prior to the fire: the City of Oakland documented 39 code enforcement inspections and 10 code enforcement complaints of the warehouse and the adjacent vacant lot between 2004 and 2016. Media reports suggest that the Ghost Ship hadn’t been inspected in 30 years. Had an inspection occurred, officials could have raised concerns about the safety and occupancy of the building. Two people, including the property manager, have been criminally charged because of the deaths. The Senate Committee on Governance and Finance convened two informational hearings to understand the issues around this fire.
Proposed Law:
SB 1415 would require local enforcement officials to inspect all structures within their jurisdiction that are in specified factory or warehouse occupancy classifications (Factory Industrial Group F, High-Hazard Group H, and Storage Group S) at least every five years. The bill authorizes the inspecting entity to charge and collect a fee for the inspection and related fire and life safety activities, as specified.
The bill would require cities, counties, and fire protection districts responsible for enforcement activities to annually submit a report to the Fire Marshal that would subsequently be posted on the Fire Marshal’s website. Each report must contain information on the total number of structures within the local agency’s responsibility, categorized by occupancy classification and required inspection frequency, and the number of those structures that are overdue for inspection.
The bill would also make a number of other changes that extend existing tenant protections and notification requirements to buildings used for human habitation that currently apply specifically to structures categorized as residential buildings. Among those changes, this bill would:
- Require that notices to abate code violations specifically identify the codes that have been violated and necessary repairs, with specified exemptions, and clarify that abatement notices be provided to all tenants in a building used for human habitation.
- Require abatement notices to be conspicuously posted on a building deemed substandard.
- Require, rather than authorize, the court to order the appointment of a receiver for a substandard building used for human habitation, unless there is clear and convincing evidence to the contrary, as specified.
- Require existing tenant relocation benefits to be extended to any unit used for human habitation, regardless of zoning designation.
- Clarify that any person who acquires a property that is in violation of building codes and under receivership is responsible for any costs and fees of the receiver and the enforcement agency, as specified.
Staff Comments:
Legislative Counsel indicates that this bill imposes a state-mandated local program because it requires cities, counties, and fire protection district officials to report specified building inspection information to the State Fire Marshal each year. Local agencies are not eligible for reimbursement for activities that may be paid for through applicable fees and charges. Staff notes that the bill provides fee authority for local agencies to recover costs for additional inspections of industrial and storage structures and related fire and life safety activities, and local agencies may charge fees for building inspections required under existing law. Staff assumes that it is permissible to include the incidental administrative costs to track building inspection data in the reasonable inspection fees charged to building owners. As such, it appears unlikely that the requirements of this bill would be deemed a reimbursable state-mandated local program.
-- END --
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Nancy Skinner, Chair
2017 - 2018 Regular
Bill No: SB 1415 Hearing Date: April 24, 2018
Author: | McGuire | ||
Version: | April 4, 2018 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | GC | ||
Subject: Housing
HISTORY
Source: Author
Prior Legislation: None known
Support: California Building Officials
Opposition: None known
PURPOSE
The purpose of this legislation is to grant specified building officials powers or arrest and to create misdemeanor penalties for interference with fire marshals and code enforcement officers for specified behavior at dangerous buildings, as defined.
Existing law provides that any person who willfully commits specified acts at the burning of a building or at any other time and place where any firefighter or firefighters or emergency rescue personnel are discharging or attempting to discharge an official duty is guilty of a misdemeanor. (Pen. Code, § 148.2.)
This bill would provide that any person who willfully commits specified acts relating to interfering with the official duties of code enforcement officers and fire marshals is guilty of a misdemeanor (punishable by up to six months in the county jail). Specifically, under the bill it is unlawful for any person to willfully commit any of the following acts at a dangerous building:
- Resist or interfere with the lawful efforts of any fire marshal or code enforcement officer or their representatives in the discharge of or attempt to discharge an official duty.
- Disobey the lawful orders of any fire marshal or code enforcement officer.
- Engage in any disorderly conduct which delays or prevents a dangerous building from being secured in a timely manner.
- Forbid or prevent others from assisting in the securing of a dangerous building or addressing an imminent safety hazard, or exhort another person, as to whom he or she has no legal right or obligation to protect or control, from assisting in the securing of a dangerous building or addressing an imminent safety hazard.
This bill defines a “dangerous building” as either of the following:
- A substandard building as defined in the Health and Safety Code.
- Any other time and place where any fire marshal or their designee, or other code enforcement officer is discharging or attempting to discharge an official duty related to an imminent safety hazard.
Existing law defines “code enforcement officer” as a person who is not described in Penal Code Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 and who is employed by a governmental subdivision, public or quasi-public corporation, public agency, public service corporation, a town, city, county, or municipal corporation, whether incorporated or chartered, who has enforcement authority for health, safety, and welfare requirements, and whose duties include enforcement of a statute, rule, regulation, or standard, and who is authorized to issue citations or file formal complaints. And, states that a “code enforcement officer” is also a person who is employed by the Department of Housing and Community Development who has enforcement authority for health, safety, and welfare requirements, as specified. (Penal Code § 829.5.)
Existing law defines a “code enforcement officer” as any person who is not a peace officer and who is employed by any governmental subdivision; public or quasi-public corporation; public agency; public service corporation; or any town, city, county, or municipal corporation, whether incorporated or chartered, who has enforcement authority for health, safety, and welfare requirements; whose duties include enforcement of any statute, rules, regulations, or standards; and who is authorized to issue citations, or file formal complaints. (Penal Code § 243(f)(11)(A).)
Existing law defines “code enforcement officer” as also including any person employed by the Department of Housing and Community Development who has enforcement authority for health, safety, and welfare requirements pursuant to the Employee Housing Act, State Housing Law, the Mobilehomes-Manufactured Housing Act, the Mobilehome Parks Act, and the Special Occupancy Parks Act. (Penal Code § 243(f)(11)(B).)
This bill defines “code enforcement officer” as any person who is employed by any governmental subdivision, public or quasi-public corporation, public agency, public service corporation, any town, city, county, or municipal corporation, whether incorporated or chartered, who has enforcement authority for health, safety, and welfare requirements, whose duties include enforcement of any statute, rule, regulation, or standard, and who is authorized to issue citations, or file formal complaints. “Code enforcement officer” does not include any person employed by the University of California or the California State University. “Code enforcement officer” also includes any person who is employed by the Department of Housing and Community Development who has enforcement authority for health, safety, and welfare requirements pursuant specified provisions.
Existing law authorizes certain persons who are not peace officers to exercise the powers of arrest under certain circumstances, if they have completed a specified training course prescribed by the Commission on Peace Officer Standards and Training. (Pen. Code, § 830.7.)
This bill would extend that authority to persons employed as building officials or their designees, to the extent necessary to enforce laws related to unpermitted, dangerous, or otherwise illegal structures, and provided that those officials are authorized to do so by a memorandum of understanding with specified local law enforcement officials.
This bill makes various changes to housing law provision that require building inspections of specified industrial and storage structures, authorize fees to cover inspection costs, require reporting of the backlog of mandated building inspections by local governments, and generally extends existing tenant protections and notifications to buildings which are used for human habitation, as distinct from residential buildings.
COMMENTS
- Need for This Bill
According to the Author:
Late on the night of December 2, 2016, a fire at a converted warehouse known as the “Ghost Ship” resulted in the tragic deaths of 36 residents—the highest death toll for a structural fire in the United States in over ten years. This tragedy shook the community of Oakland and the rest of the state.
Because of the severity of these fires, the Senate Governance and Finance Committee hosted two legislative hearings to advance potential collaborative solutions forward to ensure a tragedy like the Ghost Ship Fire won’t happen in the Golden State again. The Committee also convened several working group meetings and identified a set of proposed solutions.
Currently, local officials must inspect four types of buildings for fire safety: K-12 schools; multi-family dwellings; high-rises, and jails and prisons. Local fire chiefs are responsible for performing these inspections. Outside of the mandated building types, local officials exercise discretion over how to perform inspections. This means warehouses do not receive the same level of oversight as other building types.
Local governments use various enforcement strategies to make buildings safer, including issuing fines for violations of building codes and, for particularly dangerous buildings, asking the courts to appoint a receiver, who is empowered to take any necessary actions to make a building safer. Tenants who are displaced while repairs are made are entitled to relocation benefits.
Warehouses and factory spaces sometimes are converted to residential use without the knowledge of local officials. These buildings aren’t covered under state laws mandating fire inspections, meaning that unsafe conditions can go undetected for years.
Warehouses and factory spaces sometimes are converted to residential use without the knowledge of local officials. These buildings aren’t covered under state laws mandating fire inspections, meaning that unsafe conditions can go undetected for years. And even if local officials discover a dangerous building, variation in how judges interpret the law make it difficult for locals to use all of their available tools, particularly when a space is used as an unpermitted residence. This lets unscrupulous landlords off the hook while leaving cities and tenants to pick up the pieces.
At the same time, not all jurisdictions make it easy to bring buildings up to code—notices of violation often don’t tell building occupants what they need to fix or how to fix it.
SB 1415 helps prevent these types of fires by improving the process for identifying and fixing dangerous buildings from start to finish. SB 1415 beefs up local inspections by ensuring that spaces often used as unpermitted residences are regularly inspected, and allows local officials to charge a fee to cover those inspections. It also ensures accountability by requiring reports on inspections already mandated by law. Once a dangerous building is discovered, SB 1415 improves the tools that local governments have by ensuring that receivership laws and relocation benefits apply to any space used for habitation, regardless of legal status, and by removing other hurdles to enforcement. Finally, SB 1415 makes it easier for tenants and landlords to bring buildings up to code by directing local officials to identify specific violations of building codes and offer advice on how to fix those violations.
- Creation of a New Misdemeanor Penalty for Interference with a Fire Marshal or a Code Enforcement Officer
Under current law there are misdemeanor penalties for interfering with peace officers and emergency medical technicians. (Pen. Code, § 148.) Additionally there are misdemeanor penalties for interfering with firefighters and emergency rescue personnel who are in the process of dealing with an emergency situation. (Pen. Code, § 148.2) Specifically, a person can be convicted of a misdemeanor if they engage in the following conduct at the site of a burning building:
- Resist or interfere with the lawful efforts of any fireman or firemen or emergency rescue personnel in the discharge or attempt to discharge an official duty. Disobey the lawful orders of any fireman or public officer.
- Engage in any disorderly conduct which delays or prevents a fire from being timely extinguished.
- Forbid or prevent others from assisting in extinguishing a fire or exhort another person, as to whom he has no legal right or obligation to protect or control, from assisting in extinguishing a fire.
This bill would apply the same misdemeanor penalties for a person who interferes with the efforts by a fire marshal or code enforcement officer at the site of a “dangerous building” as defined in the bill:
- Resist or interfere with the lawful efforts of any fire marshal or code enforcement officer or their representatives in the discharge of or attempt to discharge an official duty.
- Disobey the lawful orders of any fire marshal or code enforcement officer.
- Engage in any disorderly conduct which delays or prevents a dangerous building from being secured in a timely manner.
- Forbid or prevent others from assisting in the securing of a dangerous building or addressing an imminent safety hazard, or exhort another person, as to whom he or she has no legal right or obligation to protect or control, from assisting in the securing of a dangerous building or addressing an imminent safety hazard.
Under the provisions of this bill, California criminal penalties that exist for interfering with firefighters and emergency medical personnel at a burning building will be expanded to fire marshals and employees of Department of Housing that the bill defines as code enforcement officers.
- Powers of Arrest Granted to Building Officials and their Designees
Under current law we grant powers of arrest to specified persons who are not peace officers if they complete a course in the exercise of those powers offered by the Commission on Peace Officer Standards and Training (POST). Under current law we grant this authority to persons such as: cemetery authorities, higher education security officers, health facility security officers, specified forestry and fire protection officials, transit inspectors, illegal dumping enforcement officers, and many others.
This bill would add building officials and their designees to the list of persons who are granted powers of arrest. The committee may consider only granting these building officials the authority to cite and release persons they “arrest” and not the authority to take a person into custody. Additionally, the committee could consider limiting the authority of these officials from using force.
- Ghost Ship Fire
In December 2016, a deadly fire at an Oakland warehouse, known as the Ghost Ship, killed 36 people, the highest death toll for a structural fire in the United States in over ten years. The Ghost Ship was a two-story warehouse that had been leased to artists who lived and worked in the building, periodically using it for events. Zoned as a warehouse, neither residential nor assembly uses were permitted by the city. Issues with the Ghost Ship had surfaced prior to the fire: The City of Oakland documented 39 code enforcement inspections and 10 code enforcement complaints of the warehouse and the adjacent vacant lot between 2004 and 2016. Media reports suggest that the Ghost Ship hadn’t been inspected in 30 years. Had an inspection occurred, officials could have raised concerns about the safety and occupancy of the building.[1] Two people, including the property manager, have been criminally charged because of the deaths. The Senate Committee on Governance and Finance (G&F) convened two informational hearings to understand the issues around this fire. This bill is one of the work products of those hearings.
- Criminal Law Provisions of This Legislation
This bill creates a number of additional misdemeanor offenses for interfering with official duties of code enforcement officers and fire marshals. Under current law, it is a misdemeanor to willfully commit specified acts at the burning of a building or at any other time and place where any firefighter or firefighters or emergency rescue personnel are discharging or attempting to discharge an official duty. This bill seeks to expand similar provisions to code enforcement officers and fire marshals.
Additionally, this bill will extend that authority to persons employed as building officials or their designees, to the extent necessary to enforce laws related to unpermitted, dangerous, or otherwise illegal structures, and provided that those officials are authorized to do so by a memorandum of understanding with specified local law enforcement officials.
According to the author, one of the issues with the Ghost Ship Fire was the resistance by the property manager to building inspectors. The issue before the committee today is whether misdemeanor penalties are necessary to force compliance with building inspections.
- Code Enforcement Officers
A Code Enforcement Officer is a sworn or non-sworn inspector, officer or investigator, employed by a city, or county, or city and county, who possesses specialized training in, and whose primary duties are the prevention, detection, investigation, and enforcement of violations of laws regulating public nuisance, public health, safety, and welfare, public works, business activities and consumer protection, building standards, land-use, or municipal affairs.
Code Enforcement is the prevention, detection, investigation and enforcement of violations of statutes or ordinances regulating public health, safety, and welfare, public works, business activities and consumer protection, building standards, land-use, or municipal affairs.
Under California law there aren’t existing criminal penalties for interfering with code enforcement officers as imagined in this bill. This bill takes provisions related to interfering with peace officers and applies those provisions to code enforcement officers, in the form of building inspectors.
- Housing Provisions of the Bill
Inspections
Existing law requires local officials, typically the local fire chief or his/her representative, to conduct annual fire safety inspections on K-12 schools, multi-family dwellings and high rise dwellings, and requires the State Fire Marshall to biannually inspect jails and prisons. Fees to conduct these inspections are authorized.
This bill requires:
- Local governments to annually report to the State Fire Marshall on the number of structures which it is required to inspect and the number which are overdue for inspection. These reports shall be published on the State Fire Marshal’s website.
- Local governments to, at least every five years, inspect specified industrial and storage structures, as defined, for which the local government may assess a fee.
Abatement Notices
Existing law requires an enforcement agency that finds a building in violation of the California Building Standards Code to notify the owner to abate the violation.
This bill requires that such notice shall specifically identify the needed repairs and the codes being violated, with specific exemptions.
Receivership
Existing law authorizes enforcement agencies, tenants, or tenant associations to petition a court to appoint a receiver for a substandard building if the owner fails to comply within a reasonable time with the terms of the notice of violation. The receiver takes complete control of the building, including management and repairs to remedy any violations. The court has broad discretion in its decision.
This bill narrows the discretion of the court by requiring that a receiver be appointed unless the owner can provide clear and convincing evidence that the existing law regarding code violations and notice requirements were not followed. This bill also clarifies that a receiver can be appointed for any property used for human habitation.
Relocation Benefits
Existing law provides for the payment of relocation benefits to a tenant who is displaced because of a building violation that endangers the immediate health and safety of the residents.
This bill provides that existing tenant relocation benefits shall be extended to any unit used for human habitation, regardless of zoning designation.
Numerous Clarifications
Existing law allows enforcement agencies to enforce provisions of the California Building Standards Code. This bill clarifies that enforcement agencies may also enforce their municipal codes and municipal building and fire codes.
Existing law requires enforcement agencies to provide each resident with copies of any notices of violation, orders and permits. This bill clarifies that these notices shall also be posted on the building.
Existing law provides that receivers are entitled to the same fees, commissions, and necessary expenses as receivers in actions to foreclosed properties. This bill clarifies that any person, who acquires a property which is in violation of building codes and is in receivership, shall be responsible for any costs and fees of the receiver and the enforcement agency.
-- END –
The Oakland Fire Department’s Origin and Cause Report, Incident # 2016-085231, showed pictures of an eclectic and crowded interior with non-standard multi-story construction and apparently unpermitted occupancy. ↑
SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2017 - 2018 Regular
Bill No: SB 1415 Hearing Date: 4/17/2018
Author: | McGuire | ||
Version: | 4/4/2018 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Randy Chinn | ||
SUBJECT: Housing
DIGEST: This bill requires building inspections of specified industrial and storage structures, authorizes fees to cover inspection costs, requires reporting of the backlog of mandated building inspections by local governments, and generally extends existing tenant protections and notifications to buildings which are used for human habitation, as distinct from residential buildings.
ANALYSIS:
- Inspections
Existing law requires local officials, typically the local fire chief or his/her representative, to conduct annual fire safety inspections on K-12 schools, multi-family dwellings and high rise dwellings, and requires the State Fire Marshall to biannually inspect jails and prisons. Fees to conduct these inspections are authorized.
- This bill requires:
- Local governments to annually report to the State Fire Marshall on the number of structures which it is required to inspect and the number which are overdue for inspection. These reports shall be published on the State Fire Marshal’s website.
- Local governments to, at least every five years, inspect specified industrial and storage structures, as defined, for which the local government may assess a fee.
- Abatement Notices
Existing law requires an enforcement agency that finds a building in violation of the California Building Standards Code to notify the owner to abate the violation.
This bill requires that such notice shall specifically identify the needed repairs and the codes being violated, with specific exemptions.
- Receivership
Existing law authorizes enforcement agencies, tenants, or tenant associations to petition a court to appoint a receiver for a substandard building if the owner fails to comply within a reasonable time with the terms of the notice of violation. The receiver takes complete control of the building, including management and repairs to remedy any violations. The court has broad discretion in its decision.
This bill narrows the discretion of the court by requiring that a receiver be appointed unless the owner can provide clear and convincing evidence that the existing law regarding code violations and notice requirements were not followed. This bill also clarifies that a receiver can be appointed for any property used for human habitation.
- Relocation Benefits
Existing law provides for the payment of relocation benefits to a tenant who is displaced because of a building violation that endangers the immediate health and safety of the residents.
This bill provides that existing tenant relocation benefits shall be extended to any unit used for human habitation, regardless of zoning designation.
- New Crimes
This bill creates new crimes regarding interfering with the lawful actions of any fire marshal or code enforcement officer, as defined.
- Numerous Clarifications
Existing law allows enforcement agencies to enforce provisions of the California Building Standards Code. This bill clarifies that enforcement agencies may also enforce their municipal codes and municipal building and fire codes.
Existing law requires enforcement agencies to provide each resident with copies of any notices of violation, orders and permits. This bill clarifies that these notices shall also be posted on the building.
Existing law provides that receivers are entitled to the same fees, commissions, and necessary expenses as receivers in actions to foreclosed properties. This bill clarifies that any person, who acquires a property which is in violation of building codes and is in receivership, shall be responsible for any costs and fees of the receiver and the enforcement agency.
COMMENTS
- Author’s Statement. Warehouses and factory spaces sometimes are converted to residential use without the knowledge of local officials. These buildings aren’t covered under state laws mandating fire inspections, meaning that unsafe conditions can go undetected for years. Even if local officials discover a dangerous building, variation in how judges interpret the law make it difficult for locals to use all of their available tools, particularly when a space is used as an unpermitted residence. At the same time, not all jurisdictions make it easy to bring buildings up to code. Notices of violation often don’t tell building occupants what they need to fix or how to fix it. SB 1415 responds by beefing up local inspections by ensuring that spaces often used as unpermitted residences are regularly inspected, and allows local officials to charge a fee to cover those inspections. It also ensures accountability by requiring reports on inspections already mandated by law. Once a dangerous building is discovered, SB 1415 improves the tools that local governments have by ensuring that receivership laws and relocation benefits apply to any space used for habitation, regardless of legal status, and by removing other hurdles to enforcement. Finally, SB 1415 makes it easier for tenants and landlords to bring buildings up to code by directing local officials to identify specific violations of building codes and offer advice on how to fix those violations.
- Ghost Ship Fire. In December 2016, a deadly fire at an Oakland warehouse, known as the Ghost Ship, killed 36 people, the highest death toll for a structural fire in the United States in over ten years. The Ghost Ship was a two-story warehouse that had been leased to artists who lived and worked in the building, periodically using it for events. Zoned as a warehouse, neither residential nor assembly uses were permitted by the city. Issues with the Ghost Ship had surfaced prior to the fire: The City of Oakland documented 39 code enforcement inspections and 10 code enforcement complaints of the warehouse and the adjacent vacant lot between 2004 and 2016. Media reports suggest that the Ghost Ship hadn’t been inspected in 30 years. Had an inspection occurred, officials could have raised concerns about the safety and occupancy of the building.[1] Two people, including the property manager, have been criminally charged because of the deaths. The Senate Committee on Governance and Finance (G&F) convened two informational hearings to understand the issues around this fire. This bill is one of the work products of those hearings.
- Taking a Closer Look. The heart of this bill is the new requirement on local governments to inspect specified industrial and storage structures every five years. These structures include buildings used for assembly, manufacturing, packaging, repair and storage, including of hazardous materials. (Current law gives local governments the discretion to determine how often these structures should be inspected.) Additionally, this bill requires local governments to annually report to the State Fire Marshal on how many structures they are required to inspect and how many are overdue for inspection. By publishing this information the author intends to increase the incentive for local governments to perform these required inspections. It appears that some local governments have not kept up with these mandatory inspections: Testimony in the Senate G&F committee hearing by a representative of the California Building Officials indicated that annual inspections are a burden on the local government’s general fund, and are typically done in reaction to a complaint. It’s not clear why annual inspections should impact the general fund, as local governments have the authority to impose inspection fees. However, as noted below, the author is authoring a second bill, SB 1416, which authorizes local governments to impose a lien on properties for payment of inspection fees.
- Be Specific. One of the concerns articulated in the Senate G&F committee hearings was that the notices to correct building code violations can be too general, leaving the building owner without a clear path to clearing the violations. This bill requires that these notices identify the specific features that need repair, the types of repairs that are needed, and the specific code provisions being violated. If the enforcement agency determines that preparing such a notice prevents the agency from acting on an immediate threat to public health and safety, the agency can issue a more general violation notice and follow up with the more detailed notice within 10 days.
- Putting Down the Hammer. A property owner who fails to heed notices to repair building code violations that are a substantial danger to the health and safety of residents or the public is subject to losing control of that property to a receiver selected by the court. The receiver manages the building, pays the expenses, collects the rent, and contracts to obtain the necessary repairs to fix the violations at the owner’s expense. Whether a building goes into receivership is decided by a judge, who has broad latitude. This bill limits that discretion, requiring the judge to appoint a receiver unless there is clear and convincing evidence that the laws regarding the identification and notification of the violations weren’t followed.
- New Crimes. This bill creates new misdemeanors for 1) interfering with fire marshals or code enforcement officers, 2) disobeying orders from fire marshals or code enforcement officers, 3) engaging in disorderly conduct which prevents a dangerous building from being secured in a timely manner, 4) preventing others from assisting in the securing of a dangerous building. Media reports suggest that the Ghost Ship property manager refused to admit local building inspectors into the building.
- Double Team. SB 1416 (McGuire) also results from the G&F Committee hearings on the Ghost Ship fire. This bill, which is pending in the G&F Committee, allows, until January 1, 2024, cities and counties to collect fines for nuisance abatement through a special assessment and an abatement lien on the property that harbored the nuisance.
- Another Facet of our Housing Crisis. Survivors of the Ghost Ship fire have noted that one of the primary reasons for living in an unpermitted warehouse was the low cost. Rising rents have priced many out of California’s communities. One solution has been to create housing out of buildings that were never meant to be homes. While perhaps this can be done safely, the Ghost Ship fire is a horrific example of how this can end badly. Bringing unsafe structures up to code can be costly and will inevitably result in higher rents to cover the building owner’s costs, undoing what makes these spaces attractive. Many owners will elect not to pay for the renovation and simply evict the tenants, an unfortunate result of ensuring that structures are safe for their uses.
- Double referral. This bill is double referred to the Public Safety Committee.
Related Legislation:
SB 1416 (McGuire, 2017) — Allows, until January 1, 2024, cities and counties to collect fines for nuisance abatement through a special assessment and an abatement lien on the property that harbored the nuisance. This bill is pending in the Senate Governance and Finance Committee.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
POSITIONS: (Communicated to the committee before noon on Wednesday,
April 11, 2018.)
SUPPORT:
None received.
OPPOSITION:
None received.
-- END --
The Oakland Fire Department’s Origin and Cause Report, Incident # 2016-085231, showed pictures of an eclectic and crowded interior with non-standard multi-story construction and apparently unpermitted occupancy. ↑
Discussed in Hearing
1MIN
Assembly Floor
3MIN
Assembly Standing Committee on Appropriations
4MIN
Assembly Standing Committee on Housing and Community Development
2MIN
Senate Floor
3MIN
Senate Standing Committee on Transportation and Housing
Bill Author
Bill Co-Author(s):