Amended
IN
Assembly
March 22, 2018 |
Assembly Bill | No. 2847 |
Introduced by Assembly Member Rubio |
February 16, 2018 |
Existing law requires a legal owner to maintain vacant residential property purchased by that owner at a foreclosure sale or acquired by that owner through foreclosure under a mortgage or deed of trust and authorizes a governmental entity to impose a civil fine of up to $1,000 per day for a violation of this provision. Existing law prohibits a governmental entity from imposing fines on a legal owner under both this provision and a local ordinance.
This bill would make nonsubstantive changes to these provisions.
1951.3.
(a) This section applies to real property other than commercial real property, as defined in subdivision (d) of Section 1954.26.(a)
(b)
(c)
(d)
Notice of Belief of Abandonment | |
To:
_____
(Name of lessee/tenant)
_____
_____
(Address of lessee/tenant)
_____
| |
This notice is given pursuant to Section 1951.3 of the Civil Code concerning the real property leased by you at ________ (state
location of the property by address or other sufficient description). The rent on this property has been due and unpaid for 14 consecutive days and the lessor/landlord believes that you have abandoned the property. The real property will be deemed abandoned within the meaning of Section 1951.2 of the Civil Code and your lease will terminate on ________ (here insert a date not less than 15 days after this notice is served personally or, if mailed, not less than 18 days after this notice is deposited in the mail) unless before (1) Your intent not to abandon the real property. (2) An address at which you may be served by certified mail in any action for unlawful detainer of the real property. You are required to pay the rent due and unpaid on this real property as required by the lease, and your failure to do so can lead to a court proceeding against you. | |
Dated: _______
_____
(Signature of lessor/landlord) (Type or print name of lessor/landlord) (Address to which lessee/tenant is to send notice) |
(e)
(f)
(g)
Notice of Belief of Abandonment | |
To:
_____
(Name of lessee/tenant)
_____
_____
(Address of lessee/tenant)
_____
| |
This notice is given pursuant to Section 1951.35 of the Civil Code concerning the real property leased by you at ________ (state location of the property by address or other sufficient description). The rent on this property has been due and unpaid for the number of days necessary to declare a rent default under your lease and the lessor/landlord believes that you have abandoned the property. The real property will be deemed abandoned within the meaning of Section 1951.2 of the Civil Code and your lease will terminate on ________ (here insert a date not less than 15 days after this notice is served personally, sent by overnight courier service, or deposited in the mail) unless before that date the lessor/landlord receives at the address
below a written notice from you stating both of the following: (1) Your intent not to abandon the real property. (2) An address at which you may be served by certified mail in any action for unlawful detainer of the real property. You are required to pay the rent due and unpaid on this real property as required by the lease, and your failure to do so can lead to a court proceeding against you. | |
Dated: _______
_____
(Signature of lessor/landlord) (Type or print name of lessor/landlord) (Address to which lessee/tenant is to send notice) |
(a)(1)A legal owner shall maintain vacant residential property purchased by that owner at a foreclosure sale or acquired by that owner through foreclosure under a mortgage or deed of trust. A governmental entity may impose a civil fine of up to one thousand dollars ($1,000) per day for a violation. If the governmental entity chooses to impose a fine pursuant to this section, it shall give notice of the alleged violation, including a description of the conditions that gave rise to the allegation, and notice of the entity’s intent to assess a civil fine if action to correct the violation is not commenced within a period of not less than 14 days and completed within a period of not less than 30 days. The notice shall be mailed
to the address provided in the deed or other instrument as specified in subdivision (a) of Section 27321.5 of the Government Code, or, if none, to the return address provided on the deed or other instrument.
(2)The governmental entity shall provide a period of not less than 30 days for the legal owner to remedy the violation prior to imposing a civil fine and shall allow for a hearing and opportunity to contest any fine imposed. In determining the amount of the fine, the governmental entity shall take into consideration any timely and good faith efforts by the legal owner to remedy the violation. The maximum civil fine authorized by this section is one thousand dollars ($1,000) for each day that the owner fails to maintain the property, commencing on the day following the expiration of the period to remedy the violation established by the
governmental entity.
(3)Subject to the provisions of this section, a governmental entity may establish different compliance periods for different conditions on the same property in the notice of alleged violation mailed to the legal owner.
(b)For purposes of this section, “failure to maintain” means failure to care for the exterior of the property, including, but not limited to, permitting excessive foliage growth that diminishes the value of surrounding properties, failing to take action to prevent trespassers or squatters from remaining on the property, or failing to take action to prevent mosquito larvae from growing in standing water or other conditions that create a public nuisance.
(c)Notwithstanding
subdivisions (a) and (b), a governmental entity may provide less than 30 days’ notice to remedy a condition before imposing a civil fine if the entity determines that a specific condition of the property threatens public health or safety and provided that notice of that determination and time for compliance is given.
(d)Fines and penalties collected pursuant to this section shall be directed to local nuisance abatement programs, including, but not limited to, legal abatement proceedings.
(e)A governmental entity shall not impose fines on a legal owner under both this section and a local ordinance.
(f)These provisions shall not preempt any local ordinance.
(g)This section shall only apply to residential real property.
(h)The rights and remedies provided in this section are cumulative and in addition to any other rights and remedies provided by law.