Bill Text: CA SB1167 | 2013-2014 | Regular Session | Introduced

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

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Bill Title: Vector control.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-07-07 - Chaptered by Secretary of State. Chapter 81, Statutes of 2014. [SB1167 Detail]

Download: California-2013-SB1167-Introduced.html

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BILL NUMBER: SB 1167	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Hueso

                        FEBRUARY 20, 2014

   An act to amend Sections 17980, 116125, 116130, 116135, 116140,
and 116145 of the Health and Safety Code, relating to vector control.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1167, as introduced, Hueso. Vector control: rodents.
   (1) Existing law requires a person who possesses a place that is
infested with rodents to immediately proceed and continue in good
faith to exterminate and destroy the rodents. Existing law authorizes
the State Department of Public Health, a county board of
supervisors, or a governing board of a city to take specified
actions, including purchasing poison, traps, and other materials, for
the purpose of exterminating and destroying rodents.
   This bill instead would require that the rodents be eliminated and
that remedial measures be taken to eliminate contributing
conditions. The bill would authorize the department, the county board
of supervisors, and the governing body of a city to take specified
actions, including purchasing materials, to eliminate rodents and
remediate contributing conditions.
   (2) Existing law requires the building department of every city or
county to enforce within its jurisdiction all the provisions
published in the State Building Standards Code and other housing
standards. Existing law provides various methods of remediating
building code and safety violations, including repair,
rehabilitation, vacation, or demolition of the building.
   This bill would require, where the enforcement agency determines
that the building is substandard due to an infestation, as specified,
that the agency order the owner of the building to remediate
conditions contributing to the infestation. The bill would also
require that a proscribed notice be given to affected tenants when
eradication is required. By requiring local building departments to
perform additional duties, this bill would impose a state-mandated
local program.
   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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   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.  Section 17980 of the Health and Safety Code is amended
to read:
   17980.  (a) If  any   a  building is
constructed, altered, converted, or maintained in violation of any
provision of, or in violation of any order or notice that gives a
reasonable time to correct that violation issued by an enforcement
agency pursuant to this part, the building standards published in the
California Building Standards Code, or other rules and regulations
adopted pursuant to this part, or if a nuisance exists in 
any   a  building or upon the lot on which it is
situated, the enforcement agency shall, after 30 days' notice to
abate the nuisance or violation, or a notice to abate with a shorter
period of time if deemed necessary by the enforcement agency to
prevent or remedy an immediate threat to the health and safety of the
public or occupants of the structure, institute  any
 appropriate action or proceeding to prevent, restrain,
correct, or abate the violation or nuisance. Notwithstanding the
above, if a person has purchased and is in the process of diligently
abating any violation at a residential property that had been
foreclosed on or after January 1, 2008, an enforcement agency shall
not commence  any   an  action or
proceeding until at least 60 days after the person takes title to the
property, unless a shorter period of time is deemed necessary by the
enforcement agency, in its sole discretion, to prevent or remedy an
immediate threat to the health and safety of the neighboring
community, public, or occupants of the structure.
   (b) If  any   an  entity releases a lien
securing a deed of trust or mortgage on a property for which a
notice of pendency of action, as defined in Section 405.2 of the Code
of Civil Procedure, has been recorded against the property by an
enforcement agency pursuant to subdivision (a) of Section 17985 of
the Health and Safety Code or Section 405.7 or 405.20 of the Code of
Civil Procedure, it shall notify in writing the enforcement agency
that issued the order or notice within 30 days of releasing the lien.

   (c) (1) Whenever the enforcement agency has inspected or caused to
be inspected  any   a  building and has
determined that the building is a substandard building or a building
described in Section 17920.10, the enforcement agency shall commence
proceedings to abate the violation by repair, rehabilitation,
vacation, or demolition of the building. The enforcement agency shall
not require the vacating of a residential building unless it
concurrently requires expeditious demolition or repair to comply with
this part, the building standards published in the California
Building Standards Code, or other rules and regulations adopted
pursuant to this part. The owner shall have the choice of repairing
or demolishing. However, if the owner chooses to repair, the
enforcement agency shall require that the building be brought into
compliance according to a reasonable and feasible schedule for
expeditious repair. The enforcement agency may require vacation and
demolition or may itself vacate the building, repair, demolish, or
institute any other appropriate action or proceeding, if any of the
following occur:
   (A) The repair work is not done within the period required by the
notice.
   (B) The owner does not make a timely choice of repair or
demolition.
   (C) The owner selects an option which cannot be completed within a
reasonable period of time, as determined by the enforcement agency,
for any reason, including, but not limited to, an outstanding
judicial or administrative order.
   (2) In deciding whether to require vacation of the building or to
repair as necessary, the enforcement agency shall give preference to
the repair of the building whenever it is economically feasible to do
so without having to repair more than 75 percent of the dwelling, as
determined by the enforcement agency, and shall give full
consideration to the needs for housing as expressed in the local
jurisdiction's housing element.
   (d) (1) Notwithstanding subdivision (c) and notwithstanding local
ordinances, tenants in a residential building shall be provided
copies of any of the following:
   (A) The notice of  any   a  violation
described in subdivision (a) that affects the health and safety of
the occupants and that causes the building to be substandard pursuant
to Section 17920.3 or in violation of Section 17920.10.
   (B) An order of the code enforcement agency issued after
inspection of the premises declaring the dwelling to be in violation
of  any   a  provision described in
subdivision (a).
   (C) The enforcement agency's decision to repair or demolish.
   (D) The issuance of a building or demolition permit following the
abatement order of an enforcement agency.
   (2) Each document provided pursuant to paragraph (1) shall be
provided to each affected residential unit by the enforcement agency
that issued the order or notice, in the manner prescribed by
subdivision (a) of Section 17980.6.
   (e) All notices issued by the enforcement agency to correct
violations or to abate nuisances shall contain a provision notifying
the owner that, in accordance with Sections 17274 and 24436.5 of the
Revenue and Taxation Code, a tax deduction may not be allowed for
interest, taxes, depreciation, or amortization paid or incurred in
the taxable year.
   (f) The enforcement agency may charge the owner of the building
for its postage or mileage cost for sending or posting the notices
required to be given by this section. 
   (g) Where the enforcement agency determines that the building is
substandard due to an infestation pursuant to paragraph (12) of
subdivision (a) of Section 17920.3 or Section 116125, in addition to
any orders pursuant to this part, the agency shall order that the
owner of the building remediate conditions contributing to the
infestation, including substandard characteristics pursuant to
subdivision (a) of Section 1941.1 of the Civil Code.  
   (h) Where an order requires eradication of an infestation, the
order shall be accompanied by a written notice to the affected tenant
that contains, in nontechnical language and in a clear and coherent
manner, the following statements and information:  
   (1) The pest to be controlled.  
   (2) The pesticide product proposed to be used.  
   (3)  The telephone number of the local poison control center
immediately following this statement: 

   "If within 24 hours following application you experience symptoms
similar to common seasonal illness, including symptoms comparable to
influenza, you should contact your physician or poison control
center." 

  SEC. 2.  Section 116125 of the Health and Safety Code is amended to
read:
   116125.  Every person possessing  any   a
 place that is infested with rodents, as soon as their presence
comes to his or her knowledge, shall at once proceed and continue in
good faith to endeavor to  exterminate and destroy the
rodents, by poisoning, trapping, and other appropriate means
  eliminate the rodents and remediate conditions
contributing to infestation, including substandard characteristics
pursuant to subdivision (a) of Section 1941.1 of the Civil Code 
.
  SEC. 3.  Section 116130 of the Health and Safety Code is amended to
read:
   116130.  The department, the board of supervisors of each county,
local health officers, or inspectors appointed by any of them, as
provided in this article and Chapter 3 (commencing with Section
116250), may inspect  all places   a place 
for the purpose of ascertaining whether  they are 
 it is  infested with rodents and whether the requirements
of this article and Chapter 3 (commencing with Section 116250) as to
 their extermination and destruction   the
elimination of the rodents and the remediation of contributing
conditions  are being complied with. However, no building
occupied as a dwelling, hotel, or rooming house, shall be entered for
inspection purposes except between the hours of 9 a.m., and 5 p.m.
  SEC. 4.  Section 116135 of the Health and Safety Code is amended to
read:
   116135.  The board of supervisors of each county and the governing
body of each city, whenever it may by resolution determine that it
is necessary for the preservation of the public health or to prevent
the spread of contagious or infectious disease, communicable to
mankind, or when it determines that it is necessary to prevent great
and irreparable damage to crops or other property, may appropriate
money for the purchase of, and may purchase,  poison, traps,
and other  materials for the purpose of 
exterminating and destroying   eliminating  rodents
 and remediating contributing conditions  in that county or
city, and may employ and pay inspectors, who shall prosecute the
work of  extermination and destruction  
elimination and remediation  on both private and public property
in the county or city.
  SEC. 5.  Section 116140 of the Health and Safety Code is amended to
read:
   116140.  Whenever  any   a  person
possessing  any   a  place that is infested
with rodents, fails, neglects  ,  or refuses to proceed and
to continue to endeavor to  exterminate and destroy
  eliminate  the rodents  and remediate the
contributing conditions  , as required in this article and
Chapter 3 (commencing with Section 116250), the department and its
inspectors, the county board of supervisors and its inspectors, and
the local health officer, shall at once cause the rodents to be
 exterminated and destroyed   eliminated and
contributing conditions to be remedied  .
  SEC. 6.  Section 116145 of the Health and Safety Code is amended to
read:
   116145.  The expense of  exterminating and destroying
  eliminating  the rodents  and remediating
contributing conditions  is a charge against the county or city
in which the work is done, and the board of supervisors or other
governing body shall allow and pay it.
  SEC. 7.  If the Commission on State Mandates determines that this
act contains 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.