Bill Text: CA SB1167 | 2013-2014 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Amended.html
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-Amended.html
BILL NUMBER: SB 1167 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 26, 2014
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 amended, Hueso. Vector control: rodents.
control.
(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 additionally
require that the rodents be eliminated and that remedial
measures be taken to eliminate contributing that
person to abate specified conditions that are causing the
infestation . The bill would also 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
abate specified conditions that are causing the
infestation .
(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 whenever
the enforcement agency determines that the building is
substandard due to an there is an infestation,
as specified, that the agency order the owner of the
building to remediate enforcement agency's abatement
order include abatement of any other specified conditions
contributing to that the agency determines to
have caused 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
no . State-mandated local program: yes
no .
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 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 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 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 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 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 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 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 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 If the enforcement agency
determines that the building is substandard due to an
there is 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. 116130, the enforcement agency's abatement
order shall require the abatement of any other conditions listed in
Section 17920.3 that the enforcement agency determines to have caused
the infestation.
(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 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
eliminate exterminate and destroy the
rodents , by poisoning, trapping, and other appropriate means,
and remediate to abate
the conditions contributing to infestation,
including substandard characteristics pursuant to subdivision (a) of
Section 1941.1 of the Civil Code. listed in Section
17920.3 that are causing the infestation.
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 a place for the purpose of ascertaining whether
it is infested with rodents and whether the requirements of this
article and Chapter 3 (commencing with Section 116250) as to
the elimination of the rodents their extermination
and destruction, and the remediation of contributing
abatement of the conditions listed in
Section 17920.3 that are causing the infestation 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 eliminating
exterminating and destroying rodents and
remediating contributing abating the
conditions listed in Section 17920.3 that are causing the
infestation in that county or city, and may employ and pay
inspectors, who shall prosecute the work of elimination and
remediation extermination, destruction, and abatement
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 a person possessing a place that is infested
with rodents, fails, neglects, or refuses to proceed and to continue
to endeavor to eliminate exterminate and
destroy the rodents and remediate the contributing
conditions, abate the conditions listed in Section
17920.3 that are causing the infestation, 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 eliminated exterminated and
destroyed and contributing the
conditions listed in Section 17920.3 that are causing the
infestation to be remedied abated
.
SEC. 6. Section 116145 of the Health and Safety Code is amended to
read:
116145. The expense of eliminating
exterminating and destroying the rodents and
remediating contributing abating the conditions
listed in Section 17920.3 that are causing the infestation
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.
