Bill Text: CA AB2391 | 2015-2016 | Regular Session | Amended
Bill Title: Residential property: possession by declaration.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-11-30 - From committee without further action. [AB2391 Detail]
Download: California-2015-AB2391-Amended.html
BILL NUMBER: AB 2391 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 30, 2016
INTRODUCED BY Assembly Member Steinorth
FEBRUARY 18, 2016
An act to amend Sections 527.11 and 527.12 of the Code of Civil
Procedure, relating to residential property.
LEGISLATIVE COUNSEL'S DIGEST
AB 2391, as amended, Steinorth. Residential property: possession
by declaration.
Until January 1, 2018, existing law permits an owner of specified
residential property in the Cities of Palmdale and Lancaster in the
County of Los Angeles or the City of Ukiah in the County of Mendocino
to register vacant real property with the local law enforcement
agency and to execute , under penalty of perjury, a
Declaration of Ownership of Residential Real Property that may be
filed with the local law enforcement agency of the jurisdiction in
which the property is located. Existing law requires the local law
enforcement agency with which the property is registered to respond
as soon as practicable after being notified that an unauthorized
person has been found on the property and take specified action,
including requiring a person who is found on the property to produce
written authorization to be on the property or other evidence
demonstrating the person's right to possession, and notifying any
person who does not produce that authorization or other evidence that
the owner or owner's agency may seek to obtain a court order and
that the person will be subject to arrest for trespass if he or she
is subsequently found on the property in violation of that order.
This bill would repeal the January 1, 2018,
extend the sunset date for these provisions.
provisions until January 1, 2020. The bill would
also make its provisions applicable to all cities and
counties that adopt the County of San Bernardino and
its cities, if the county or city adopts an ordinance or
resolution indicating the intent of the city or county to
participate, as specified.
By extending the sunset date, this bill would impose a
state-mandated local program by extending the time in which cities
currently subject to the program must continue to comply and by
expanding the scope of the crime of perjury.
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.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 527.11 of the Code of Civil Procedure is
amended to read:
527.11. (a) The owner or owner's agent of vacant real property
may register the property with the local law enforcement agency using
the form contained in subdivision (a) of Section 527.12.
(1) The registration shall be signed under penalty of perjury and
state that the property is vacant and is not authorized to be
occupied by any person.
(2) The registration shall be accompanied with a statement
providing the name, address, and telephone number at which the owner
can be contacted within a 24-hour period and a statement that either
the law enforcement agency or a licensed private security services
company has been retained to comply with the inspection and reporting
provisions of this section, together with a copy of any agreement or
contract to perform those services.
(b) The owner or the owner's agent shall register the vacant
property no later than three days after the owner or owner's agent
learns that the property is vacant.
(c) The owner or owner's agent, immediately after authorizing a
person to occupy the vacant property, shall do both of the following:
(1) Issue a written authorization to the person authorized to
occupy the property.
(2) Notify the law enforcement agency where the property is
registered and terminate the registration.
(d) The owner or the owner's agent, immediately upon the sale of
the vacant property, shall notify the law enforcement agency where
the property is registered that the property has been sold, and to
terminate the registration.
(e) The licensed private security services company or law
enforcement agency selected by the owner or owner's agent pursuant to
this section shall do both of the following:
(1) Inspect the vacant property not less than once every three
days.
(2) Immediately notify the law enforcement agency with which the
property is registered if any unauthorized person is found on the
property.
(f) The law enforcement agency where the property is registered
shall respond as soon as practicable after being notified pursuant to
paragraph (2) of subdivision (e) that an unauthorized person is
found on the property. The responding officer shall do all of the
following:
(1) Verify that the property was inspected within the last three
days pursuant to paragraph (2) of subdivision (e) and found to be
vacant.
(2) Ascertain the identity of any person who is found on the
property.
(3) Require a person who is found on the property to produce
written authorization to be on the property or other evidence
demonstrating the person's right to possession.
(4) Notify any person who does not produce written authorization
or other evidence pursuant to paragraph (3) that the owner or owner's
agent may seek to obtain a court order pursuant to subdivision (g)
and that the person will be subject to arrest for trespass if the
person is subsequently found on the property in violation of that
order.
(5) Verify with the owner or the owner's agent that the property
is vacant.
(g) (1) The owner or owner's agent of vacant real property may
file an action for a temporary restraining order and injunctive
relief against any person who is found on the vacant property not
less than 48 hours after that person has been notified pursuant to
paragraph (4) of subdivision (f). A person subject to a temporary
restraining order or an injunction obtained pursuant to this
subdivision is subject to arrest and imprisonment for trespass
pursuant to Section 602.5 of the Penal Code for failing to vacate the
property pursuant to the temporary restraining order or injunction
and for civil contempt for violating a court order.
(2) The summons and complaint in an action brought pursuant to
this subdivision may be served personally or by posting a copy of the
summons and complaint at a prominent location on the property and
mailing a copy of the summons and complaint to the property's
address. Posting and mailing a copy of the summons and complaint
shall be sufficient service even if the mailed copy is returned as
undeliverable if the owner or owner's agent has proof of the mailing.
(3) The court may order a hearing on a temporary restraining order
within three days following service of the summons and complaint.
The date, time, and location of the hearing may be included with the
summons and complaint or may be separately served on any person
occupying the property in the manner set out in paragraph (2).
(4) The court may include in any temporary restraining order
granted pursuant to this subdivision an order directing that the
property be vacated in not less than 48 hours. The order may be
enforced by the local law enforcement agency where the property is
registered or the county sheriff.
(5) The disposition of any personal property of a person subject
to a temporary restraining order or an injunction pursuant to this
subdivision shall be governed by the procedures set forth in Chapter
5 (commencing with Section 1980) of Title 5 of Part 4 of Division 3
of the Civil Code. The person subject to the temporary restraining
order or injunction shall be deemed to be a former tenant of the
property for purposes of the disposition of personal property only.
(h) This section shall not be construed to limit an owner from
seeking other legal remedies to have a person removed from the vacant
property pursuant to any other law.
(i) A temporary restraining order or injunction ordering a person
to vacate and remove personal property pursuant to this section shall
not constitute a forcible entry under the provisions of Section 1159
of the Code of Civil Procedure.
(j) The local city council or board of supervisors shall establish
fees for registering a vacant property with the local law
enforcement agency and for the conduct of inspections by the law
enforcement agency pursuant to this section, including all activities
conducted by the law enforcement agency pursuant to subdivision (f).
(k) This section applies only to one- to four-unit residences in
the following cities and counties:
(1) In the Cities of Palmdale and Lancaster in the County of Los
Angeles.
(2) In the City of Ukiah in the County of Mendocino.
(3) (A) Subject to subparagraph (B), in the County of San
Bernardino and any city within the County of San Bernardino.
(k) A city or county
(B) Neither the County of San
Bernardino nor any city within the county is not
subject to the requirements of this section until the
legislative body of the city or county adopts an ordinance or
resolution indicating its intent to participate and to comply with
the requirements of this section. A participating city or county may
withdraw its participation at any time by adopting a subsequent
ordinance or resolution of the legislative body indicating the intent
of the city or county to withdraw its participation.
(l) For purposes of this section, "vacant real property" is
limited to one- to four-unit residences.
(l) 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 527.12 of the Code of Civil Procedure is amended
to read:
527.12. (a) A property owner, or an agent of the property owner,
may execute a "Declaration of Ownership" that includes language
substantially similar to the language below and file it with the
local law enforcement agency of the jurisdiction in which the
property is located. If the property owner, or the agent of the
property owner, files the declaration with the local law enforcement
agency, he or she shall also post the declaration on the unoccupied
residential property listed in the declaration.
"DECLARATION OF OWNERSHIP OF RESIDENTIAL REAL PROPERTY
I, ____________________, declare and state: I make this
declaration based upon my own personal knowledge.
1. I am the owner___, or the agent of the owner___(check one), of
the residential property located at _____________________, California
("Property").
2. Submitted with this declaration, and incorporated herein by
reference, is a true and correct copy of the deed by which I obtained
ownership of the Property.
3. Since obtaining ownership of the Property, no ownership
interest in the Property has been conveyed or transferred to any
other person or entity.
4. At the time of obtaining ownership of the Property, no person
was occupying the Property and no ownership interest or right of
possession in the Property has been conveyed or transferred to any
other person or entity.
5. As of the present date, there are no persons authorized by me
or my agent to reside within the Property. Any persons residing on
this Property are doing so without any express or implied
authorization from me or my agent.
6. I have not entered into any form of lease arrangement, rental
agreement, or given any consent whatsoever to any persons to reside
within the Property.
7. I will advise the local law enforcement agency if there is any
change in the status of the Property and an occupancy is authorized
by me or my agent.
8. I declare under penalty of perjury that the foregoing is true
and correct.
EXECUTED on _________________________________, at
_______________________, California"
(b) Notwithstanding Section 47 of the Civil Code, a property
owner, or agent thereof, who files a declaration pursuant to this
section that includes false information regarding the right to
possess the property is liable to any person who, as a result of the
declaration, is caused to vacate the property, for reasonable
attorney's fees, special damages not to exceed $2,000,
two thousand dollars ($2,000), and all damages
resulting from the person having to vacate the property.
(c) This section applies only to a city or county that has adopted
an ordinance or resolution indicating the intent of the city or
county to participate and to comply with the requirements of Section
527.11, as described in subdivision (k) of Section 527.11.
(d) This section only applies to real property that is a one- to
four-unit residence.
(c) This section applies only to one- to four-unit residences in
the following cities and counties:
(1) In the Cities of Palmdale and Lancaster in the County of Los
Angeles.
(2) In the City of Ukiah in the County of Mendocino.
(3) In the County of San Bernardino and any city within the County
of San Bernardino, provided that the city or county has adopted an
ordinance or resolution indicating the intent of the city or county
to participate and to comply with the requirements of Section 527.11,
as described in subparagraph (B) of paragraph (3) of subdivision (k)
of Section 527.11.
(d) 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. 3. The Legislature finds and declares that a
special law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution because the unique circumstances in the
County of San Bernardino and its cities make it necessary to first
establish this program in a limited setting to analyze its
effectiveness before considering an extension to other local
jurisdictions.
SEC. 4 . No reimbursement is required
by this act pursuant to Section 6 of Article XIII B 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 XIII B 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.
