Bill Text: CA AB1513 | 2013-2014 | Regular Session | Chaptered
Bill Title: Residential property: possession by declaration.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-09-27 - Chaptered by Secretary of State - Chapter 666, Statutes of 2014. [AB1513 Detail]
Download: California-2013-AB1513-Chaptered.html
BILL NUMBER: AB 1513 CHAPTERED
BILL TEXT
CHAPTER 666
FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2014
APPROVED BY GOVERNOR SEPTEMBER 27, 2014
PASSED THE SENATE AUGUST 27, 2014
PASSED THE ASSEMBLY AUGUST 28, 2014
AMENDED IN SENATE AUGUST 21, 2014
AMENDED IN SENATE AUGUST 6, 2014
AMENDED IN SENATE JULY 1, 2014
AMENDED IN ASSEMBLY MAY 6, 2014
AMENDED IN ASSEMBLY APRIL 24, 2014
AMENDED IN ASSEMBLY APRIL 8, 2014
AMENDED IN ASSEMBLY MARCH 17, 2014
INTRODUCED BY Assembly Member Fox
JANUARY 15, 2014
An act to add and repeal Sections 527.11 and 527.12 of the Code of
Civil Procedure, relating to residential property.
LEGISLATIVE COUNSEL'S DIGEST
AB 1513, Fox. Residential property: possession by declaration.
Existing law allows a plaintiff, upon motion, to have immediate
possession of the premises of a manufactured home, mobilehome, or
real property by a writ of possession issued by a court and directed
to the sheriff of the county or marshal, for execution, where it
appears to the satisfaction of the court, after a hearing on the
motion, from the verified complaint and from any affidavits filed or
oral testimony given by or on behalf of the parties, that the
defendant resides out of state, has departed from the state, cannot,
after due diligence, be found within the state, or has concealed
himself or herself to avoid the service of summons.
Existing law provides that every person who willfully commits a
trespass is guilty of a misdemeanor.
This bill would allow an owner of 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, or an agent of the property
owner, 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. By expanding
the scope of the crime of perjury, this bill would impose a
state-mandated local program.
This bill would further allow the property owner, or an agent of
the property owner, to file the Declaration of Ownership of
Residential Real Property with the local law enforcement agency of
the jurisdiction in which the property is located. The bill would
require the property owner to post the filed declaration on the
property listed in the declaration. The bill would require 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. The bill would allow the property owner, or an agent of the
property owner, to file an action for a temporary restraining order
and injunctive relief against a person who is found on the property
not less than 48 hours after that person has been so notified. The
bill would provide that a property owner, or an agent of the property
owner, who files a declaration that includes false information
regarding the right to possess the property is liable to any person
who, as a result of the declaration, vacates the property, for
damages, as specified. By imposing new duties on local law
enforcement agencies, this bill would create a state-mandated local
program.
The bill would provide that its provisions apply only to 1 to
4-unit residences in the Cities of Palmdale and Lancaster in the
County of Los Angeles and the City of Ukiah in the County of
Mendocino. This bill would provide that its provisions would be
operative until January 1, 2018.
This bill would make legislative findings and declarations as to
the necessity of a special statute for the Cities of Palmdale and
Lancaster in the County of Los Angeles and the City of Ukiah in the
County of Mendocino.
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 PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares that the practice of
squatting on vacant property is a public nuisance and is detrimental
to the health, safety, and economy of local communities and to the
rights of real property owners. The intent of this section is to
provide a means to prevent squatting in vacant residential real
property and to provide a timely and orderly procedure for squatters
to vacate the premises in lieu of arrest. The Legislature also
declares this section not to be an abridgment of other statutes
relating to trespass or civil eviction proceedings.
SEC. 2. Section 527.11 is added to the Code of Civil Procedure, 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 Cities of Palmdale and Lancaster in the County of Los Angeles and
the City of Ukiah in the County of Mendocino.
(l) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
SEC. 3. Section 527.12 is added to the Code of Civil Procedure, 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, and all
damages resulting from the person having to vacate the property.
(c) This section applies only to one- to four-unit residences in
the Cities of Palmdale and Lancaster in the County of Los Angeles and
the City of Ukiah in the County of Mendocino.
(d) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
SEC. 4. 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 of the unique circumstances in the Cities of Palmdale and
Lancaster in the County of Los Angeles and the City of Ukiah in the
County of Mendocino, it is first necessary to establish this program
in a limited setting to analyze its effectiveness before considering
an extension to other local jurisdictions.
SEC. 5. 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.
