AB 959: Park districts: ordinances: nuisances: abatement.
- Session Year: 2021-2022
- House: Assembly
- Latest Version Date: 2021-09-23
Existing law prescribes procedures, including the election of a board of directors, for the formation of regional park districts, regional park and open-space districts, or regional open-space districts. Existing law authorizes 3 or more cities, together with any parcel or parcels of city or county territory, whether in the same or different counties, to organize and incorporate, but requires that all the territory in the proposed district be contiguous. Existing law requires the board of directors to superintend, control, and make available to all the inhabitants of the district all public recreation lands and facilities, as provided. Existing law requires the board of directors to act only by ordinance, resolution, or a motion duly recorded in the minutes of a meeting of the board.
This bill would authorize the board of directors of a district, by ordinance, to declare that an encroachment onto district lands constitutes a nuisance. The bill would authorize a district that adopts such a nuisance ordinance to establish a nuisance abatement procedure, which would include notice and hearing requirements, and to collect abatement and related administrative costs and penalties, including through a nuisance abatement lien, as specified. The bill would authorize a county recorder to impose a fee on a district to reimburse the costs of processing and recording a nuisance abatement lien and providing notice. The bill would additionally authorize a district to initiate a civil action to abate a nuisance in the name of the district, as specified.
Existing law provides that a violation of an ordinance, rule, or regulation adopted by the board of directors of a district is a misdemeanor punishable by a fine or imprisonment in the county jail, as provided.
This bill would provide that the above provision does not apply to a violation of an ordinance adopted pursuant to the bills provisions.
Existing law prescribes procedures, including the election of a board of directors, for the formation of regional park districts, regional park and open-space districts, or regional open-space districts. Existing law authorizes 3 or more cities, together with any parcel or parcels of city or county territory, whether in the same or different counties, to organize and incorporate, but requires that all the territory in the proposed district be contiguous. Existing law requires the board of directors to superintend, control, and make available to all the inhabitants of the district all public recreation lands and facilities, as provided. Existing law requires the board of directors to act only by ordinance, resolution, or a motion duly recorded in the minutes of a meeting of the board.
This bill would authorize the board of directors of a district, by ordinance, to declare that an encroachment onto district lands constitutes a nuisance. The bill would authorize a district that adopts such a nuisance ordinance to establish a nuisance abatement procedure, which would include notice and hearing requirements, and to collect abatement and related administrative costs and penalties, including through a nuisance abatement lien, as specified. The bill would authorize a county recorder to impose a fee on a district to reimburse the costs of processing and recording a nuisance abatement lien and providing notice. The bill would additionally authorize a district to initiate a civil action to abate a nuisance in the name of the district, as specified.
Existing law provides that a violation of an ordinance, rule, or regulation adopted by the board of directors of a district is a misdemeanor punishable by a fine or imprisonment in the county jail, as provided.
This bill would provide that the above provision does not apply to a violation of an ordinance adopted pursuant to the bills provisions.
Existing law prescribes procedures, including the election of a board of directors, for the formation of regional park districts, regional park and open-space districts, or regional open-space districts. Existing law authorizes 3 or more cities, together with any parcel or parcels of city or county territory, whether in the same or different counties, to organize and incorporate, but requires that all the territory in the proposed district be contiguous. Existing law requires the board of directors to superintend, control, and make available to all the inhabitants of the district all public recreation lands and facilities, as provided. Existing law requires the board of directors to act only by ordinance, resolution, or a motion duly recorded in the minutes of the meeting.
This bill would authorize the board of directors of a district, by ordinance, to declare that an encroachment onto district lands constitutes a nuisance. The bill would authorize a district that adopts such a nuisance ordinance to establish a nuisance abatement procedure, which would include notice and hearing requirements, and to collect abatement and related administrative costs and penalties, including through a nuisance abatement lien, as specified. The bill would authorize a county recorder to impose a fee on a district to reimburse the costs of processing and recording a nuisance abatement lien and providing notice. The bill would additionally authorize a district to initiate a civil action to abate a nuisance in the name of the district, as specified.
Existing law provides that a violation of an ordinance, rule, or regulation adopted by the board of directors of a district is a misdemeanor punishable by a fine or imprisonment in the county jail, as provided.
This bill would provide that the above provision does not apply to a violation of an ordinance adopted pursuant to the bills provisions.
Existing law prescribes procedures, including the election of a board of directors, for the formation of regional park districts, regional park and open-space districts, or regional open-space districts. Existing law authorizes 3 or more cities, together with any parcel or parcels of city or county territory, whether in the same or different counties, to organize and incorporate, but requires that all the territory in the proposed district be contiguous. Existing law requires the board of directors to superintend, control, and make available to all the inhabitants of the district all public recreation lands and facilities, as provided. Existing law requires the board of directors to act only by ordinance, resolution, or a motion duly recorded in the minutes of the meeting. Existing law provides that a violation of an ordinance, rule, or regulation adopted by the board of directors is a misdemeanor punishable by a fine or imprisonment in the county jail, as provided.
Existing law authorizes a city legislative body to declare what constitutes a nuisance. Existing law authorizes the legislative body of a city, county, or city and county to provide for the summary abatement of any nuisance resulting from the defacement of the property of another by graffiti or other inscribed material, at the expense of the minor or other person creating, causing, or committing the nuisance, and, by ordinance, authorizes the legislative body to make the expense of abatement of the nuisance a lien against property of the minor or other person and a personal obligation against the minor or other person.This bill would authorize the board of directors of a district district, by ordinance, to declare what constitutes a nuisance, as provided. The bill would, among other things, authorize a district to exercise the authority granted to a city, as described above, for purposes of abating a nuisance, as provided. that an encroachment onto district lands constitutes a nuisance. The bill would authorize a district that adopts such a nuisance ordinance to establish a nuisance abatement procedure, which would include notice and hearing requirements, and to collect abatement and related administrative costs and penalties, including through a nuisance abatement lien, as specified. The bill would authorize a county recorder to impose a fee on a district to reimburse the costs of processing and recording a nuisance abatement lien and providing notice. The bill would additionally authorize a district to initiate a civil action to abate a nuisance in the name of the district, as specified.
Existing law provides that a violation of an ordinance, rule, or regulation adopted by the board of directors of a district is a misdemeanor punishable by a fine or imprisonment in the county jail, as provided.
This bill would provide that the above provision does not apply to a violation of an ordinance adopted pursuant to the bills provisions.
Existing law prescribes procedures, including the election of a board of directors, for the formation of regional park districts, regional park and open-space districts, or regional open-space districts. Existing law authorizes 3 or more cities, together with any parcel or parcels of city or county territory, whether in the same or different counties, to organize and incorporate, but requires that all the territory in the proposed district be contiguous. Existing law requires the board of directors to superintend, control, and make available to all the inhabitants of the district all public recreation lands and facilities, as provided. Existing law requires the board of directors to act only by ordinance, resolution, or a motion duly recorded in the minutes of the meeting. Existing law provides that a violation of an ordinance, rule, or regulation adopted by the board of directors is a misdemeanor punishable by a fine or imprisonment in the county jail, as provided.
Existing law authorizes a city legislative body to declare what constitutes a nuisance. Existing law authorizes the legislative body of a city, county, or city and county to provide for the summary abatement of any nuisance resulting from the defacement of the property of another by graffiti or other inscribed material, at the expense of the minor or other person creating, causing, or committing the nuisance, and, by ordinance, authorizes the legislative body to make the expense of abatement of the nuisance a lien against property of the minor or other person and a personal obligation against the minor or other person.
This bill would authorize the board of directors of a district to declare what constitutes a nuisance, as provided. The bill would, among other things, authorize a district to exercise the authority granted to a city, as described above, for purposes of abating a nuisance, as provided.
Existing law prescribes procedures, including the election of a board of directors, for the formation of regional park districts, regional park and open-space districts, or regional open-space districts. Existing law authorizes 3 or more cities, together with any parcel or parcels of city or county territory, whether in the same or different counties, to organize and incorporate, but requires that all the territory in the proposed district be contiguous. Existing law requires the board of directors to superintend, control, and make available to all the inhabitants of the district all public recreation lands and facilities, as provided. Existing law authorizes the board to adopt regulations. Existing law requires the board of directors to act only by ordinance, resolution, or a motion duly recorded in the minutes of the meeting. Existing law provides that a violation of an ordinance, rule, or regulation adopted by the board of directors is a misdemeanor punishable by a fine or imprisonment in the county jail, as provided.
Existing law authorizes a city legislative body to declare what constitutes a nuisance. Existing law authorizes the legislative body of a city, county, or city and county to provide for the summary abatement of any nuisance resulting from the defacement of the property of another by graffiti or other inscribed material, at the expense of the minor or other person creating, causing, or committing the nuisance, and, by ordinance, authorizes the legislative body to make the expense of abatement of the nuisance a lien against property of the minor or other person and a personal obligation against the minor or other person.
This bill would authorize the board of directors to adopt regulations relating to nuisances and establish a procedure for the abatement of the nuisances, including administrative abatement. The bill would authorize the district to initiate a civil action to abate a nuisance. The bill would authorize a board of directors to, by regulation, provide for the recovery of costs incurred by the district in abating a nuisance, as provided. directors of a district to declare what constitutes a nuisance, as provided. The bill would, among other things, authorize a district to exercise the authority granted to a city, as described above, for purposes of abating a nuisance, as provided.
Existing law prescribes procedures, including the election of a board of directors, for the formation of regional park districts, regional park and open-space districts, or regional open-space districts. Existing law authorizes 3 or more cities, together with any parcel or parcels of city or county territory, whether in the same or different counties, to organize and incorporate, but requires that all the territory in the proposed district be contiguous. Existing law requires the board of directors to superintend, control, and make available to all the inhabitants of the district all public recreation lands and facilities, as provided. Existing law authorizes the board to adopt regulations. Existing law provides that a violation of an ordinance, rule, or regulation adopted by the board is a misdemeanor punishable by a fine or imprisonment in the county jail, as provided.
This bill would authorize the board of directors to adopt regulations relating to nuisances and establish a procedure for the abatement of the nuisances, including administrative abatement. The bill would authorize the district to initiate a civil action to abate a nuisance. The bill would authorize a board of directors to, by regulation, provide for the recovery of costs incurred by the district in abating a nuisance, as provided.
(a)By ordinance, a board of directors may declare that an encroachment onto district land constitutes a nuisance.
(b)(1)Upon adopting an ordinance pursuant to subdivision (a), the board of directors may, by ordinance, establish a nuisance abatement procedure to abate an encroachment onto district land that constitutes a nuisance and to collect abatement and related administrative costs and penalties, including any costs incurred for providing notice or recording a nuisance abatement lien pursuant to this section.
(2)The nuisance abatement procedure shall do all of the following:
(A)(i)Require the district, upon initiating a nuisance abatement proceeding, to provide notice of the proceeding to any party who is responsible for the nuisance or who owns, or is in possession of, a parcel upon which the nuisance is located, created, caused, committed, or maintained.
(ii)In a nuisance abatement proceeding to obtain a nuisance abatement lien, the notice provided pursuant to this subparagraph shall be served in the same manner as summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure.
(iii)Notwithstanding clause (ii), in a nuisance abatement proceeding to obtain a nuisance abatement lien, if, after diligent search, a party who owns, or is in possession of, a parcel upon which the nuisance is located, created, caused, committed, or maintained cannot be found, the notice may be served by posting a copy of the notice in a conspicuous place on the parcel for a period of 10 days and publication of the notice in a newspaper of general circulation published in the county in which the parcel is located pursuant to Section 6062 of the Government Code.
(B)Require the district to provide a party who is responsible for the nuisance or who owns, or is in possession of, a parcel upon which the nuisance is located, created, caused, committed, or maintained with an opportunity to appear and be heard before the abatement of the nuisance by the district or the recordation of a nuisance abatement lien.
(3)The nuisance abatement procedure may authorize the board of directors to provide for the summary abatement of a nuisance, consistent with the requirements of paragraph (2), at the expense of a party who is responsible for the nuisance or who owns, or is in possession of, a parcel upon which the nuisance is located, created, caused, committed, or maintained.
(4)(A)The nuisance abatement procedure may authorize the board of directors to collect abatement and related administrative costs and penalties through a nuisance abatement lien against a parcel upon which the nuisance is located.
(B)The nuisance abatement lien shall be recorded in the county recorders office in the county in which the parcel is located and, from the date of recording, shall have the force, effect, and priority of a judgment lien.
(C)The nuisance abatement lien shall specify the amount of the lien, the name of the district on whose behalf the lien is imposed, the date of the abatement order, the street address, legal description, and assessors parcel number of the parcel upon which the lien is imposed, and the name and address of the party who owns the parcel upon which the nuisance is located.
(D)If the nuisance abatement lien is discharged, released, or satisfied, notice of the discharge containing the information specified in subparagraph (C) shall be recorded by the district.
(E)The nuisance abatement lien and the discharge, release, or satisfaction of the lien shall be indexed in the grantor-grantee index.
(c)Notwithstanding Sections 6103 and 27383 of the Government Code or any other law, a county recorder may impose a fee on a district to reimburse the costs of processing and recording a nuisance abatement lien and providing notice pursuant to this section.
(d)A district may initiate a civil action to abate a nuisance in the name of the district, and, by the judgment in that action, the nuisance may be enjoined or abated and damages may be recovered, as provided in this section.
(e)A board of directors may, by ordinance, provide for the recovery of attorneys fees by the prevailing party in any civil action or nuisance abatement proceeding to abate a nuisance.
(f)Section 5560 does not apply to an ordinance adopted pursuant to this section.
(a)By ordinance, a board of directors may declare that an encroachment onto district land constitutes a nuisance.
(b)(1)Upon adopting an ordinance pursuant to subdivision (a), the board of directors may, by ordinance, establish a nuisance abatement procedure to abate an encroachment onto district land that constitutes a nuisance and to collect abatement and related administrative costs and penalties, including any costs incurred for providing notice or recording a nuisance abatement lien pursuant to this section.
(2)The nuisance abatement procedure shall do all of the following:
(A)(i)Require the district, upon initiating a nuisance abatement proceeding, to provide notice of the proceeding to any party who is responsible for the nuisance or who owns, or is in possession of, a parcel upon which the nuisance is located, created, caused, committed, or maintained.
(ii)In a nuisance abatement proceeding to obtain a nuisance abatement lien, the notice provided pursuant to this subparagraph shall be served in the same manner as summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure.
(iii)Notwithstanding clause (ii), in a nuisance abatement proceeding to obtain a nuisance abatement lien, if, after diligent search, a party who owns, or is in possession of, a parcel upon which the nuisance is located, created, caused, committed, or maintained cannot be found, the notice may be served by posting a copy of the notice in a conspicuous place on the parcel for a period of 10 days and publication of the notice in a newspaper of general circulation published in the county in which the parcel is located pursuant to Section 6062 of the Government Code.
(B)Require the district to provide a party who is responsible for the nuisance or who owns, or is in possession of, a parcel upon which the nuisance is located, created, caused, committed, or maintained with an opportunity to appear and be heard before the abatement of the nuisance by the district or the recordation of a nuisance abatement lien.
(3)The nuisance abatement procedure may authorize the board of directors to provide for the summary abatement of a nuisance, consistent with the requirements of paragraph (2), at the expense of a party who is responsible for the nuisance or who owns, or is in possession of, a parcel upon which the nuisance is located, created, caused, committed, or maintained.
(4)(A)The nuisance abatement procedure may authorize the board of directors to collect abatement and related administrative costs and penalties through a nuisance abatement lien against a parcel upon which the nuisance is located.
(B)The nuisance abatement lien shall be recorded in the county recorders office in the county in which the parcel is located and, from the date of recording, shall have the force, effect, and priority of a judgment lien.
(C)The nuisance abatement lien shall specify the amount of the lien, the name of the district on whose behalf the lien is imposed, the date of the abatement order, the street address, legal description, and assessors parcel number of the parcel upon which the lien is imposed, and the name and address of the party who owns the parcel upon which the nuisance is located.
(D)If the nuisance abatement lien is discharged, released, or satisfied, notice of the discharge containing the information specified in subparagraph (C) shall be recorded by the district.
(E)The nuisance abatement lien and the discharge, release, or satisfaction of the lien shall be indexed in the grantor-grantee index.
(c)Notwithstanding Sections 6103 and 27383 of the Government Code or any other law, a county recorder may impose a fee on a district to reimburse the costs of processing and recording a nuisance abatement lien and providing notice pursuant to this section.
(d)A district may initiate a civil action to abate a nuisance in the name of the district, and, by the judgment in that action, the nuisance may be enjoined or abated and damages may be recovered, as provided in this section.
(e)A board of directors may, by ordinance, provide for the recovery of attorneys fees by the prevailing party in any civil action or nuisance abatement proceeding to abate a nuisance.
(f)Section 5560 does not apply to an ordinance adopted pursuant to this section.
(a)By ordinance, a board of directors may declare that an encroachment onto district land constitutes a nuisance.
(b)(1)Upon adopting an ordinance pursuant to subdivision (a), the board of directors may, by ordinance, establish a nuisance abatement procedure to abate an encroachment onto district land that constitutes a nuisance and to collect abatement and related administrative costs and penalties, including any costs incurred for providing notice or recording a nuisance abatement lien pursuant to this section.
(2)The nuisance abatement procedure shall do all of the following:
(A)(i)Require the district, upon initiating a nuisance abatement proceeding, to provide notice of the proceeding to any party who is responsible for the nuisance or who both owns, or is in possession of, the a parcel upon which the nuisance is located and located, created, caused, committed, or maintained the nuisance. maintained.
(ii)The In a nuisance abatement proceeding to obtain a nuisance abatement lien, the notice provided pursuant to this subparagraph shall be served in the same manner as summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. If,
(iii)Notwithstanding clause (ii), in a nuisance abatement proceeding to obtain a nuisance abatement lien, if, after diligent search, a party who both owns, or is in possession of, the a parcel upon which the nuisance is located and located, created, caused, committed, or maintained the nuisance cannot be found, the notice may be served by posting a copy of the notice in a conspicuous place on the parcel for a period of 10 days and publication of the notice in a newspaper of general circulation published in the county in which the parcel is located pursuant to Section 6062 of the Government Code.
(B)Require the district to provide a party who is responsible for the nuisance or who both owns, or is in possession of, the a parcel upon which the nuisance is located and located, created, caused, committed, or maintained the nuisance with an opportunity to appear and be heard before the abatement of the nuisance by the district or the recordation of a nuisance abatement lien.
(3)The nuisance abatement procedure may authorize the board of directors to provide for the summary abatement of a nuisance, consistent with the requirements of paragraph (2), at the expense of a party who is responsible for the nuisance or who both owns, or is in possession of, the a parcel upon which the nuisance is located and located, created, caused, committed committed, or maintained the nuisance. maintained.
(4)(A)The nuisance abatement procedure may authorize the board of directors to collect abatement and related administrative costs and penalties through a nuisance abatement lien against the a parcel upon which the nuisance is located.
(B)The nuisance abatement lien shall be recorded in the county recorders office in the county in which the parcel is located and, from the date of recording, shall have the force, effect, and priority of a judgment lien.
(C)The nuisance abatement lien shall specify the amount of the lien, the name of the district on whose behalf the lien is imposed, the date of the abatement order, the street address, legal description, and assessors parcel number of the parcel upon which the lien is imposed, and the name and address of the party who owns the parcel upon which the nuisance is located.
(D)If the nuisance abatement lien is discharged, released, or satisfied, notice of the discharge containing the information specified in subparagraph (C) shall be recorded by the district.
(E)The nuisance abatement lien and the discharge, release, or satisfaction of the lien shall be indexed in the grantor-grantee index.
(c)Notwithstanding Sections 6103 and 27383 of the Government Code or any other law, a county recorder may impose a fee on a district to reimburse the costs of processing and recording a nuisance abatement lien and providing notice pursuant to this section.
(d)A district may initiate a civil action to abate a nuisance in the name of the district, and, by the judgment in that action, the nuisance may be enjoined or abated and damages may be recovered, as provided in this section.
(e)A board of directors may, by ordinance, provide for the recovery of attorneys fees by the prevailing party in any civil action or nuisance abatement proceeding to abate a nuisance.
(f)Section 5560 does not apply to an ordinance adopted pursuant to this section.
(a)(1)By ordinance, the a board of directors may declare what constitutes a nuisance. In addition to other provisions specified in this section, for purposes of abating a nuisance, a district may exercise the authority granted to a city pursuant to, and for the purposes of carrying out this section shall follow, Article 6 (commencing with Section 38771) of Chapter 10 of Part 2 of Division 3 of Title 4 of the Government Code. For purposes of applying this section, any reference to city or legislative body in Article 6 (commencing with Section 38771) of Chapter 10 of Part 2 of Division 3 of Title 4 of the Government Code shall mean a district or a board of directors, respectively, where applicable. that an encroachment onto district land constitutes a nuisance.
(2)Section 5560 does not apply to ordinances adopted pursuant to this section.(b)(1)Upon adopting an ordinance pursuant to subdivision (a), the board of directors may, by ordinance, establish a nuisance abatement procedure to abate an encroachment onto district land that constitutes a nuisance and to collect abatement and related administrative costs and penalties, including any costs incurred for providing notice or recording a nuisance abatement lien pursuant to this section.
(2)The nuisance abatement procedure shall do all of the following:
(A)(i)Require the district, upon initiating a nuisance abatement proceeding, to provide notice of the proceeding to any party who both owns, or is in possession of, the parcel upon which the nuisance is located and created, caused, committed, or maintained the nuisance.
(ii)The notice provided pursuant to this subparagraph shall be served in the same manner as summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. If, after diligent search, a party who both owns, or is in possession of, the parcel upon which the nuisance is located and created, caused, committed, or maintained the nuisance cannot be found, the notice may be served by posting a copy of the notice in a conspicuous place on the parcel for a period of 10 days and publication of the notice in a newspaper of general circulation published in the county in which the parcel is located pursuant to Section 6062 of the Government Code.
(B)Require the district to provide a party who both owns, or is in possession of, the parcel upon which the nuisance is located and created, caused, committed, or maintained the nuisance with an opportunity to appear and be heard before the abatement of the nuisance by the district or the recordation of a nuisance abatement lien.
(3)The nuisance abatement procedure may authorize the board of directors to provide for the summary abatement of a nuisance, consistent with the requirements of paragraph (2), at the expense of a party who both owns, or is in possession of, the parcel upon which the nuisance is located and created, caused, committed or maintained the nuisance.
(4)(A)The nuisance abatement procedure may authorize the board of directors to collect abatement and related administrative costs and penalties through a nuisance abatement lien against the parcel upon which the nuisance is located.
(B)The nuisance abatement lien shall be recorded in the county recorders office in the county in which the parcel is located and, from the date of recording, shall have the force, effect, and priority of a judgment lien.
(C)The nuisance abatement lien shall specify the amount of the lien, the name of the district on whose behalf the lien is imposed, the date of the abatement order, the street address, legal description, and assessors parcel number of the parcel upon which the lien is imposed, and the name and address of the party who owns the parcel upon which the nuisance is located.
(D)If the nuisance abatement lien is discharged, released, or satisfied, notice of the discharge containing the information specified in subparagraph (C) shall be recorded by the district.
(E)The nuisance abatement lien and the discharge, release, or satisfaction of the lien shall be indexed in the grantor-grantee index.
(c)Notwithstanding Sections 6103 and 27383 of the Government Code or any other law, a county recorder may impose a fee on a district to reimburse the costs of processing and recording a nuisance abatement lien and providing notice pursuant to this section.
(b)(d)A district may initiate a civil action to abate a nuisance in the name of the district, and and, by the judgment in that action, the nuisance may be enjoined or abated as well as and damages may be recovered, as provided in Article 6 (commencing with Section 38771) of Chapter 10 of Part 2 of Division 3 of Title 4 of the Government Code. this section.
(c)Any ordinances adopted pursuant to this section shall, at a minimum, provide that the owner of the parcel, and anyone known to the district to be in possession of the parcel, be given notice of the abatement proceeding and an opportunity to appear and be heard before the abatement of the nuisance by the district.(e)A board of directors may, by ordinance, provide for the recovery of attorneys fees by the prevailing party in any civil action or nuisance abatement proceeding to abate a nuisance.
(f)Section 5560 does not apply to an ordinance adopted pursuant to this section.
(a)(1)By ordinance, the board of directors may declare what constitutes a nuisance. In addition to other provisions specified in this section, for purposes of abating a nuisance, a district may exercise the authority granted to a city pursuant to, and for the purposes of carrying out this section shall follow, Article 6 (commencing with Section 38771) of Chapter 10 of Part 2 of Division 3 of Title 4 of the Government Code. For purposes of applying this section, any reference to city or legislative body in Article 6 (commencing with Section 38771) of Chapter 10 of Part 2 of Division 3 of Title 4 of the Government Code shall mean a district or a board of directors, respectively, where applicable.
(2)Section 5560 does not apply to ordinances adopted pursuant to this section.
(b)A district may initiate a civil action to abate a nuisance in the name of the district, and by the judgment in that action, the nuisance may be enjoined or abated as well as damages recovered, as provided in this section. Article 6 (commencing with Section 38771) of Chapter 10 of Part 2 of Division 3 of Title 4 of the Government Code.
(c)Any ordinances adopted pursuant to this section shall, at a minimum, provide that the owner of the parcel, and anyone known to the district to be in possession of the parcel, be given notice of the abatement proceeding and an opportunity to appear and be heard before the abatement of the nuisance by the district.
(a)(1)The By ordinance, the board of directors may adopt regulations relating to nuisances and may establish a procedure for the abatement of the nuisance, including, but not limited to, administrative abatement. declare what constitutes a nuisance. In addition to other provisions specified in this section, for purposes of abating a nuisance, a district may exercise the authority granted to a city pursuant to, and for the purposes of carrying out this section shall follow, Article 6 (commencing with Section 38771) of Chapter 10 of Part 2 of Division 3 of Title 4 of the Government Code. For purposes of applying this section, any reference to city or legislative body in Article 6 (commencing with Section 38771) of Chapter 10 of Part 2 of Division 3 of Title 4 of the Government Code shall mean a district or a board of directors, respectively, where applicable.
(2)Section 5560 does not apply to the regulations ordinances adopted pursuant to this section.
(b)A district may initiate a civil action to abate a nuisance in the name of the district, and by the judgment in that action, the nuisance may be enjoined or abated as well as damages recovered, as provided in this section.
(c)The board of directors may, by regulation, provide for the recovery of costs incurred by the district in abating a nuisance, including any related administrative costs. The regulation adopted pursuant to this section may provide for the recovery of attorneys fees in any action, administrative proceeding, or special proceeding to abate a nuisance. If the ordinance provides for the recovery of attorneys fees, it shall provide for recovery of attorneys fees by the prevailing party.(c)Any ordinances adopted pursuant to this section shall, at a minimum, provide that the owner of the parcel, and anyone known to the district to be in possession of the parcel, be given notice of the abatement proceeding and an opportunity to appear and be heard before the abatement of the nuisance by the district.
(a)(1)The board of directors may adopt regulations relating to nuisances and may establish a procedure for the abatement of the nuisance, including, but not limited to, administrative abatement.
(2)Section 5560 does not apply to the regulations adopted pursuant to this section.
(b)A district may initiate a civil action to abate a nuisance in the name of the district, and by the judgment in that action, the nuisance may be enjoined or abated as well as damages recovered, as provided in this section.
(c)The board of directors may, by regulation, provide for the recovery of costs incurred by the district in abating a nuisance, including any related administrative costs. The regulation adopted pursuant to this section may provide for the recovery of attorneys fees in any action, administrative proceeding, or special proceeding to abate a nuisance. If the ordinance provides for the recovery of attorneys fees, it shall provide for recovery of attorneys fees by the prevailing party.
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Date
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Status
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| Sep 23, 2021 | Chaptered by Secretary of State - Chapter 268, Statutes of 2021. |
| Sep 23, 2021 | Approved by the Governor. |
| Sep 10, 2021 | Enrolled and presented to the Governor at 4 p.m. |
| Sep 2, 2021 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0. Page 2727.). |
| Sep 1, 2021 | Assembly Rule 77 suspended. (Ayes 58. Noes 17. Page 2625.) |
| Aug 31, 2021 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 2 pursuant to Assembly Rule 77. |
| Aug 30, 2021 | Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2223.). |
| Aug 17, 2021 | Read second time. Ordered to third reading. |
| Aug 16, 2021 | Read third time and amended. Ordered to second reading. |
| Jul 6, 2021 | Read second time and amended. Ordered to third reading. |
| Jul 5, 2021 | From committee: Amend, and do pass as amended. (Ayes 5. Noes 0.) (July 1). |
| Jun 18, 2021 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on GOV. & F. |
| Jun 9, 2021 | Referred to Com. on GOV. & F. |
| May 28, 2021 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 28, 2021 | Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 1691.) |
| May 11, 2021 | Read second time. Ordered to third reading. |
| May 10, 2021 | Read second time and amended. Ordered returned to second reading. |
| May 6, 2021 | From committee: Amend, and do pass as amended. (Ayes 8. Noes 0.) (May 5). |
| Mar 4, 2021 | Referred to Com. on L. GOV. |
| Feb 18, 2021 | From printer. May be heard in committee March 20. |
| Feb 17, 2021 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 2, 2021 | AB 959 Mullin Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 30, 2021 | Assembly 3rd Reading AB959 Mullin et al. By Becker | Senate Floor |
Passed |
|
| May 28, 2021 | AB 959 Mullin Assembly Third Reading | Assembly Floor |
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.
Bill Author
