Amended  IN  Assembly  May 10, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 959

Introduced by Assembly Member Mullin
(Coauthors: Assembly Members Berman, Quirk, and Stone)
(Coauthor: Senator Becker)

February 17, 2021

An act to add Section 5558.5 to the Public Resources Code, relating to park districts.


LEGISLATIVE COUNSEL'S DIGEST


AB 959, as amended, Mullin. Park districts: regulations: ordinances: nuisances: abatement.
Existing law prescribes procedures, including the election of a board of directors, for the formation of regional park districts, regional park and open-space districts, or regional open-space districts. Existing law authorizes 3 or more cities, together with any parcel or parcels of city or county territory, whether in the same or different counties, to organize and incorporate, but requires that all the territory in the proposed district be contiguous. Existing law requires the board of directors to superintend, control, and make available to all the inhabitants of the district all public recreation lands and facilities, as provided. Existing law authorizes the board to adopt regulations. Existing law requires the board of directors to act only by ordinance, resolution, or a motion duly recorded in the minutes of the meeting. Existing law provides that a violation of an ordinance, rule, or regulation adopted by the board of directors is a misdemeanor punishable by a fine or imprisonment in the county jail, as provided.
Existing law authorizes a city legislative body to declare what constitutes a nuisance. Existing law authorizes the legislative body of a city, county, or city and county to provide for the summary abatement of any nuisance resulting from the defacement of the property of another by graffiti or other inscribed material, at the expense of the minor or other person creating, causing, or committing the nuisance, and, by ordinance, authorizes the legislative body to make the expense of abatement of the nuisance a lien against property of the minor or other person and a personal obligation against the minor or other person.
This bill would authorize the board of directors to adopt regulations relating to nuisances and establish a procedure for the abatement of the nuisances, including administrative abatement. The bill would authorize the district to initiate a civil action to abate a nuisance. The bill would authorize a board of directors to, by regulation, provide for the recovery of costs incurred by the district in abating a nuisance, as provided. directors of a district to declare what constitutes a nuisance, as provided. The bill would, among other things, authorize a district to exercise the authority granted to a city, as described above, for purposes of abating a nuisance, as provided.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 5558.5 is added to the Public Resources Code, to read:

5558.5.
 (a) (1) The By ordinance, the board of directors may adopt regulations relating to nuisances and may establish a procedure for the abatement of the nuisance, including, but not limited to, administrative abatement. declare what constitutes a nuisance. In addition to other provisions specified in this section, for purposes of abating a nuisance, a district may exercise the authority granted to a city pursuant to, and for the purposes of carrying out this section shall follow, Article 6 (commencing with Section 38771) of Chapter 10 of Part 2 of Division 3 of Title 4 of the Government Code. For purposes of applying this section, any reference to “city” or “legislative body” in Article 6 (commencing with Section 38771) of Chapter 10 of Part 2 of Division 3 of Title 4 of the Government Code shall mean a district or a board of directors, respectively, where applicable.
(2) Section 5560 does not apply to the regulations ordinances adopted pursuant to this section.
(b) A district may initiate a civil action to abate a nuisance in the name of the district, and by the judgment in that action, the nuisance may be enjoined or abated as well as damages recovered, as provided in this section.

(c)The board of directors may, by regulation, provide for the recovery of costs incurred by the district in abating a nuisance, including any related administrative costs. The regulation adopted pursuant to this section may provide for the recovery of attorney’s fees in any action, administrative proceeding, or special proceeding to abate a nuisance. If the ordinance provides for the recovery of attorney’s fees, it shall provide for recovery of attorney’s fees by the prevailing party.

(c) Any ordinances adopted pursuant to this section shall, at a minimum, provide that the owner of the parcel, and anyone known to the district to be in possession of the parcel, be given notice of the abatement proceeding and an opportunity to appear and be heard before the abatement of the nuisance by the district.