Bill Text: CA AB1513 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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BILL NUMBER: AB 1513	AMENDED
	BILL TEXT

	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  602.55 and 602.56
  527.11 and 527.12  of the  Penal
 Code  of Civil Procedure  , relating to
residential property.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1513, as amended, 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  , until January 1, 2018,  allow
 a property   an  owner  , or an
agent of the property 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  a  
the  property owner, or an agent of the property owner,
 of residential property in the Cities of Palmdale or
Lancaster in the County of Los Angeles,  to file the
Declaration of Ownership of Residential Real Property with the
 district attorney     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, and  advising   notifying  any
person who does not produce that authorization that he or she has 48
hours to obtain it, and is subject to arrest for trespass if he or
she is subsequently found on the property without it. The bill would
 provide that   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  being so
notified is guilty of trespass and, if convicted, is subject to
imprisonment in a county jail not exceeding one year, or a fine not
exceeding $1,000, or both that imprisonment and fine  
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  and
by expanding the scope of the crime of trespass  this bill
would create a state-mandated local program.
    The bill would provide that its provisions apply only to one-unit
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. This bill wou   ld 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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  deter   prevent 
squatting  at an early stage   in vacant
residential real property  and to provide a  second
chance   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 602.55 is added to the Penal
Code, immediately following Section 602.5, to read:
   602.55.   
  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  utilizing   using  the form
contained in subdivision (a) of Section  602.56 
 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.  
   (d) 
    (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. 
   (e) 
    (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  (d)  
(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  (d) 
 (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.
   (4)  Advise   Notify    any
person who does not produce written authorization pursuant to
paragraph (3) that he or she has 48 hours to obtain written
authorization from the owner of the property, or the owner's agent,
to be on the property, and that the person will be subject to arrest
for trespass if the person is subsequently found on the property
without that authorization.
   (5) Verify with the owner or the owner's agent that the property
is vacant. 
   (f) 
    (g)   Any   (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  a  
the  vacant property not less than 48 hours after  being
  that person has been  notified  as
provided in   pursuant to  paragraph (4) of
subdivision  (e) is guilty of trespass and, upon conviction,
is subject to imprisonment in a county jail not exceeding one year,
or by a fine not exceeding one thousand dollars ($1,000), or both
  (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 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. 

   (g) 
    (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. 
   (h) 
    (i)   The arrest of a person and removal of
  A temporary restraining order or injunction ordering a
person to vacate and remove  personal property pursuant to
 the provisions of  this section  is
  shall  not  constitute  a forcible entry
under the provisions of Section 1159 of the Code of Civil Procedure.

   (i) 
    (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. 
   (j) 
    (k)  This section  shall apply  
applies  only to one-unit 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  . 
   (k) 
    (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 602.56 is added to the Penal
Code, to read:
   602.56.  
   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  district attorney   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  district attorney 
 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  district attorney  
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 all damages
resulting from the person having to vacate the property. 

   (b) 
    (c)  This section  shall apply  
applies  only to one-unit 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  . 
   (c) 
    (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 Country 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.