Bill Text: CA AB129 | 2011-2012 | Regular Session | Enrolled
Bill Title: Local government: fines and penalties: assessments.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2011-10-02 - Vetoed by Governor. [AB129 Detail]
Download: California-2011-AB129-Enrolled.html
BILL NUMBER: AB 129 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 30, 2011
PASSED THE ASSEMBLY SEPTEMBER 2, 2011
AMENDED IN SENATE AUGUST 16, 2011
AMENDED IN SENATE JUNE 14, 2011
INTRODUCED BY Assembly Member Beall
JANUARY 11, 2011
An act to amend, repeal, and add Section 53069.4 of the Government
Code, relating to local government.
LEGISLATIVE COUNSEL'S DIGEST
AB 129, Beall. Local government: fines and penalties: assessments.
Existing law authorizes the legislative body of a local agency to
make any violation of any ordinance enacted by the local agency
subject to an administrative fine or penalty, as specified.
This bill would, until January 1, 2020, authorize a city, county,
or city and county to, after notice and public hearing, specially
assess any fines or penalties not paid after demand by the city,
county, or city and county against real property owned by the person
owing those fines or penalties where the fines or penalties are
related to ordinance violations on the real property upon which the
fines or penalties would be specially assessed, and the ordinance
violations constitute a threat to public health and safety. This bill
would require a city, county, or city and county to comply with
certain notice requirements. The bill would provide that the
assessment may be collected at the same time and in the same manner
as ordinary county taxes are collected, and shall be subject to the
same penalties and the same procedure and sale in case of delinquency
as are provided for ordinary county taxes, and would authorize the
city, county, or city and county to record a lien against the
property. This bill would authorize a local agency to appoint a
hearing officer to hear and decide issues regarding ordinance
violations and the imposition of administrative fines and penalties.
This bill would, until January 1, 2020, provide that the powers
given to the legislative body of a city, county, or city and county
under these provisions are in addition to any other powers of a city,
county, or city and county under its charter or any other legal
authority.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 53069.4 of the Government Code is amended to
read:
53069.4. (a) (1) The legislative body of a local agency, as the
term "local agency" is defined in Section 54951, may by ordinance
make any violation of any ordinance enacted by the local agency
subject to an administrative fine or penalty. The local agency shall
set forth by ordinance the administrative procedures that shall
govern the imposition, enforcement, collection, and administrative
review by the local agency of those administrative fines or
penalties. Where the violation would otherwise be an infraction, the
administrative fine or penalty shall not exceed the maximum fine or
penalty amounts for infractions set forth in subdivision (b) of
Section 25132 and subdivision (b) of Section 36900. The powers given
to the legislative body of a city, county, or city and county under
this section are in addition to any other powers of a city, county,
or city and county under its charter or any other legal authority.
(2) (A) The administrative procedures set forth by ordinance
adopted by the local agency pursuant to paragraph (1) shall provide
for a reasonable period of time, as specified in the ordinance, for a
person responsible for a continuing violation to correct or
otherwise remedy the violation prior to the imposition of
administrative fines or penalties, when the violation pertains to
building, plumbing, electrical, or other similar structural or zoning
issues, that do not create an immediate danger to health or safety.
(B) Pursuant to Chapter 14 (commencing with Section 27720) of Part
3 of Division 1 of Title 3, or other applicable law, the
administrative procedures adopted by ordinance pursuant to paragraph
(1) may authorize the appointment of one or more hearing officers to
hear and decide issues regarding ordinance violations and the
imposition of administrative fines or penalties.
(C) A city, county, or city and county may, by ordinance, combine
the administrative procedures adopted pursuant to paragraph (1) with
nuisance abatement procedures adopted by ordinance pursuant to
Sections 25845, 38773.1, and 38773.5.
(3) (A) If the owner of real property fails to pay fines or
penalties upon demand by a city, county, or city and county, the
city, county, or city and county may, after notice and public
hearing, order the fines or penalties to be specially assessed
against the parcel if the fines or penalties are related to ordinance
violations on the real property upon which the fines or penalties
would be specially assessed and the ordinance violations constitute a
threat to public health and safety. The city, county, or city and
county shall mail or deliver notice of the hearing at least 15 days
prior to the hearing to the owner of the parcel. For purposes of
notice, ownership of the parcel shall be determined by the latest
assessment roll, the records of the county assessor, or the records
of the tax collector, whichever is most recent. The assessment may be
collected at the same time and in the same manner as ordinary county
taxes are collected, and shall be subject to the same penalties and
the same procedure and sale in case of delinquency as are provided
for ordinary county taxes. All laws applicable to the levy,
collection, and enforcement of county taxes are applicable to the
special assessment, except that the special assessment is not subject
to the priority for special assessment liens provided for in Article
13 (commencing with Section 53930) of Chapter 4 of Part 1 of
Division 2. The assessment does not constitute a lien on real
property until a notice of lien is recorded pursuant to this section.
(B) If a city, county, or city and county specially assesses the
cost of the administrative fines or penalties against the parcel, the
city, county, or city and county also may cause a notice of lien to
be recorded to perfect the lien. The notice shall, at a minimum,
identify the assessor's parcel number and record owner, set forth the
last known address of the record owner, set forth the date upon
which assessment was ordered by the city, county, or city and county,
and the amount of the lien.
(C) Recordation of a notice of lien pursuant to subparagraph (B)
has the same effect as recordation of an abstract of a money judgment
recorded pursuant to Article 2 (commencing with Section 697.310) of
Chapter 2 of Division 2 of Title 9 of Part 2 of the Code of Civil
Procedure. The lien created against the parcel has the same force,
effect, and priority as a judgment lien on real property. Upon order
of the city, county, or city and county, or any officer authorized by
the city, county, or city and county to act on its behalf, a lien
created under this section may be released or subordinated in the
same manner as a judgment lien on real property may be released or
subordinated.
(b) (1) Notwithstanding the provisions of Section 1094.5 or 1094.6
of the Code of Civil Procedure, within 20 days after service of the
final administrative order or decision of the local agency is made
pursuant to an ordinance enacted in accordance with this section
regarding the imposition, enforcement, or collection of the
administrative fines or penalties, a person contesting that final
administrative order or decision may seek review by filing an appeal
to be heard by the superior court, where the same shall be heard de
novo, except that the contents of the local agency's file in the case
shall be received in evidence. A proceeding under this subdivision
is a limited civil case. A copy of the document or instrument of the
local agency providing notice of the violation and imposition of the
administrative fine or penalty shall be admitted into evidence as
prima facie evidence of the facts stated therein. A copy of the
notice of appeal shall be served in person or by first-class mail
upon the local agency by the contestant.
(2) The fee for filing the notice of appeal shall be as specified
in Section 70615. The court shall request that the local agency's
file on the case be forwarded to the court, to be received within 15
days of the request. The court shall retain the fee specified in
Section 70615 regardless of the outcome of the appeal. If the court
finds in favor of the contestant, the amount of the fee shall be
reimbursed to the contestant by the local agency. Any deposit of the
fine or penalty shall be refunded by the local agency in accordance
with the judgment of the court.
(3) The conduct of the appeal under this section is a subordinate
judicial duty that may be performed by traffic trial commissioners
and other subordinate judicial officials at the direction of the
presiding judge of the court.
(c) If no notice of appeal of the local agency's final
administrative order or decision is filed within the period set forth
in this section, the order or decision shall be deemed confirmed.
(d) If the fine or penalty has not been deposited and the decision
of the court is against the contestant, the local agency may proceed
to collect the penalty pursuant to the procedures set forth in its
ordinance.
(e) This section shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date.
SEC. 2. Section 53069.4 is added to the Government Code, to read:
53069.4. (a) (1) The legislative body of a local agency, as the
term "local agency" is defined in Section 54951, may by ordinance
make any violation of any ordinance enacted by the local agency
subject to an administrative fine or penalty. The local agency shall
set forth by ordinance the administrative procedures that shall
govern the imposition, enforcement, collection, and administrative
review by the local agency of those administrative fines or
penalties. Where the violation would otherwise be an infraction, the
administrative fine or penalty shall not exceed the maximum fine or
penalty amounts for infractions set forth in subdivision (b) of
Section 25132 and subdivision (b) of Section 36900.
(2) The administrative procedures set forth by ordinance adopted
by the local agency pursuant to paragraph (1) shall provide for a
reasonable period of time, as specified in the ordinance, for a
person responsible for a continuing violation to correct or otherwise
remedy the violation prior to the imposition of administrative fines
or penalties, when the violation pertains to building, plumbing,
electrical, or other similar structural or zoning issues, that do not
create an immediate danger to health or safety.
(b) (1) Notwithstanding the provisions of Section 1094.5 or 1094.6
of the Code of Civil Procedure, within 20 days after service of the
final administrative order or decision of the local agency is made
pursuant to an ordinance enacted in accordance with this section
regarding the imposition, enforcement or collection of the
administrative fines or penalties, a person contesting that final
administrative order or decision may seek review by filing an appeal
to be heard by the superior court, where the same shall be heard de
novo, except that the contents of the local agency's file in the case
shall be received in evidence. A proceeding under this subdivision
is a limited civil case. A copy of the document or instrument of the
local agency providing notice of the violation and imposition of the
administrative fine or penalty shall be admitted into evidence as
prima facie evidence of the facts stated therein. A copy of the
notice of appeal shall be served in person or by first-class mail
upon the local agency by the contestant.
(2) The fee for filing the notice of appeal shall be as specified
in Section 70615. The court shall request that the local agency's
file on the case be forwarded to the court, to be received within 15
days of the request. The court shall retain the fee specified in
Section 70615 regardless of the outcome of the appeal. If the court
finds in favor of the contestant, the amount of the fee shall be
reimbursed to the contestant by the local agency. Any deposit of the
fine or penalty shall be refunded by the local agency in accordance
with the judgment of the court.
(3) The conduct of the appeal under this section is a subordinate
judicial duty that may be performed by traffic trial commissioners
and other subordinate judicial officials at the direction of the
presiding judge of the court.
(c) If no notice of appeal of the local agency's final
administrative order or decision is filed within the period set forth
in this section, the order or decision shall be deemed confirmed.
(d) If the fine or penalty has not been deposited and the decision
of the court is against the contestant, the local agency may proceed
to collect the penalty pursuant to the procedures set forth in its
ordinance.
(e) This section shall become operative on January 1, 2020.
