17060. (a) Any employee housing which does not conform to this
part, building standards published in the State Building Standards
Code relating to employee housing, the other regulations adopted
pursuant to this part, or conditions of the permit, is a public
nuisance and, if not made to conform within five days or within a
longer period of time, not to exceed 30 days, which may be allowed by
the enforcement agency after written notice, shall be abated by
proper action brought in the superior court of the county in which
the employee housing or greater portion thereof is situated. Where
inspection verifies that the owner or operator of employee housing is
proceeding with reasonable diligence, or where conditions beyond the
control of the owner or operator prevent conformance, the
enforcement agency may grant time extensions not to exceed 30 days in
duration. No more than two of these extensions shall be allowed by
the enforcement agency prior to initiation of action to abate the
public nuisance.
(b) Any violation of this part, building standards published in
the State Building Standards Code relating to employee housing, the
other regulations adopted pursuant to this part, or the provisions of
the permit which constitute an immediate or material hazard to the
health or safety of the occupants of employee housing, shall be
remedied within five days after written notice by the enforcement
agency, or shorter time in case of emergency. In the event of failure
to comply with this section, the Attorney General, or the attorney
for the enforcement agency, shall, by verified complaint setting
forth the facts, apply to the superior court for an order granting
the relief for which the action or proceeding is brought until the
entry of a final judgment or order.
(c) The superior court may make any order for which application is
made pursuant to this section.
(d) In any action or proceeding brought pursuant to this part,
service of summons is sufficient if served in the manner provided in
the Code of Civil Procedure.
(e) (1) Any enforcement agency which institutes an action or
proceeding pursuant to this section shall, at the time of filing the
action or proceeding, record in the office of the recorder of the
county or counties in which the property affected by the action or
proceeding is situated, a notice of the pendency of the action or
proceeding.
(2) The enforcement agency may charge the property owner for any
costs involved in recording the notice and shall reimburse the owner
for any amount charged if the action or proceeding is dismissed or if
judgment is rendered for the property owner.
(f) The notice recorded pursuant to subdivision (e) shall be
withdrawn by the enforcement agency by recording in the office of the
county recorder, in the county or counties in which the notice was
recorded, a notice of withdrawal within five days following
satisfaction of a court order or other resolution of the action or
proceeding.
(g) In any action or proceeding brought pursuant to this part, it
is not necessary for the complainant to provide or file any
undertaking or bond for the issuance of any preliminary or permanent
injunction. In addition, it is not necessary for a complainant to
allege or prove actual damages or the threat thereof, or actual
injury or the threat thereof, to the plaintiff, so long as a
violation of this part is alleged and proven.
17060.2. (a) Notwithstanding any other provision of law, the
operator of employee housing shall provide a resident of every unit
in the employee housing with a written copy in English and Spanish of
every order or notice of violation issued by an enforcement agency
accompanied by an explanation of the owner's or operator's
anticipated response to the order or notice. Each notice shall also
advise the occupants of the right to a hardship deferral and the
procedure for obtaining this, as set forth in subdivision (c). These
copies may be provided by first-class mail or by posting a copy of
the notice in a prominent place on each residential unit.
(b) (1) (A) The enforcement agency shall not require the vacating
of all or any part of an accommodation unless it concurrently orders
the operator to provide for the relocation of the tenants consistent
with the requirements of Section 17062 prior to the date the vacating
is required and requires expeditious demolition or repair to comply
with this part, the building standards related to employee housing,
or other rules and regulations adopted pursuant to this part. Any
local government may, prior to January 1, 1994, enact a local
relocation ordinance that imposes requirements more stringent than
those contained in this section. The tenant or tenant association may
enforce the relocation remedies of this section, and the enforcement
agency, to the extent feasible, shall cooperate in these efforts.
The enforcement agency may require vacation and demolition or itself
vacate the building, repair or demolish the building, or institute
any other appropriate action or proceeding, if either of the
following occurs:
(i) The repair work is not done as scheduled or cannot be
completed within a reasonable period of time.
(ii) There is a significant threat to the residents' or public
health and safety.
(B) In any civil action brought by a private person or entity to
obtain relocation assistance pursuant to subparagraph (A), following
an enforcement agency's order to vacate all or any part of an
accommodation, and the failure to comply with the agency's order to
provide for the relocation of the tenants, the private person or
entity, if he, she, or it is the prevailing party, may be granted
reasonable attorney's fees and costs, in addition to any other remedy
granted.
(2) Prior to vacating and demolishing the accommodation, the
public agency shall exert every reasonable effort to obtain or cause
repairs. In addition, to the extent feasible, if the public entity
causes vacation of the accommodation, it shall cooperate in efforts
to obtain compensation from the owner or operator to compensate the
displaced residents for their relocation expenses, including rent
differentials.
(c) The enforcement agency or a court of competent jurisdiction
may, in cases of extreme hardship to tenants of employee housing,
provide for deferral of the effective date of orders of abatement.
Any deferral of the effective date of any order of abatement shall
include conditions, including, but not limited to, payment of rent to
an appropriate receiver, which will ensure progress towards
correcting defects, or assist in relocation of tenants prior to
closure of the employee housing.
17060.5. (a) The sale or other transfer of property to a third
party shall not render moot an action or proceeding brought pursuant
to this chapter and instituted by an enforcement agency against the
owner of record on the date a citation for a violation of this part
was issued.
(b) Any person who obtains an ownership interest in any property
after a notice of an action or proceeding has been recorded with
respect to the property pursuant to Section 17060, and where there
has been no withdrawal of the notice, shall be subject to any order
to correct a violation, including any time limitations, specified in
a citation issued pursuant to Section 17060.
17061. (a) Any person who violates, or causes another person to
violate, any provision of this part is guilty of a misdemeanor,
punishable by a fine of not more than two thousand dollars ($2,000),
or imprisonment for not more than 180 days, or both, for each
violation of this part, provided that the violation does not cause
personal injury to any person.
(b) Any person who willfully violates, or causes another person to
violate, any provision of this part, provided that the violation
causes personal injury to any person, is punishable by imprisonment
in the state prison for two, three, or four years, or in a county
jail not exceeding one year, or by a fine of not less than four
thousand dollars ($4,000), but not exceeding ten thousand dollars
($10,000), or by both fine and imprisonment for each violation, or
each day of a continuing violation, causing personal injury. This
subdivision shall not be construed to preclude, or in any way limit,
the applicability of any other law in any criminal prosecution.
(c) Any person who violates any provision of this part shall be
liable for a civil penalty of not less than three hundred dollars
($300), nor more than one thousand dollars ($1,000), for each
violation or for each day of a continuing violation. The amount of
the civil penalty may be doubled, to a limit of not more than ten
thousand dollars ($10,000), for each violation or for each day of a
continuing violation if the court determines that the violation was
willful, or if the court finds that the person received notice from
an enforcement agency within the prior three years regarding any
employee housing owned or operated by that person, and the violations
are so extensive and of such a nature that the immediate health and
safety of the residents or the public is endangered or has been
endangered. The enforcement agency, or any person or entity affected
by the violation, may institute or maintain an action in the
appropriate court to collect any civil penalty arising under this
subdivision and may be awarded reasonable costs and attorney's fees
incurred in proving the existence of each violation and the liability
for the civil penalties.
17061.5. (a) Any person who is convicted pursuant to Section 17061
for a second or subsequent time within a five-year period or is
convicted pursuant to subdivision (d) for a first or subsequent time
within a five-year period after issuance of an injunction enforcing
this chapter shall be punishable by a fine not to exceed six thousand
dollars ($6,000) or by imprisonment not exceeding six months, or
both the fine and imprisonment for each violation or day of a
continuing violation.
(b) Any person found in contempt of a court order or injunction
pursuant to Section 17060 within a five-year period from its issuance
may be subject to a judgment for reasonable enforcement costs,
including investigative costs, court costs, and attorney's fees, and
civil penalties not to exceed six thousand dollars ($6,000) or by
imprisonment not exceeding six months, or both the civil penalty and
imprisonment, for each violation or day of a continuing violation.
(c) (1) If an injunction enforcing this chapter is issued within a
five-year period after a conviction pursuant to subdivision (a), a
finding of contempt pursuant to subdivision (b), or a prior
injunction enforcing this chapter, the injunction shall provide for a
civil penalty not to exceed six thousand dollars ($6,000) for each
violation or day of a continuing violation and all costs of
enforcement, including, but not limited to, investigative costs,
inspection costs, enforcement costs, attorney's fees or costs, and
all other costs of prosecution.
(2) The court may also order the owner not to claim any deduction
with respect to state taxes for interest, taxes, expenses,
depreciation, or amortization paid or incurred, with respect to the
cited structure or structures, and related real property, in the
taxable year of the initial order or notice. Within 90 days after
issuing the order, the court shall mail to the Franchise Tax Board a
written notice of its order prohibiting the owner from claiming
deductions with respect to the cited structure or structures, and
related real property, in lieu of the processing of a violation by
the enforcement agency in accordance with Sections 17274 and 24436.5
of the Revenue and Taxation Code.
(3) The Franchise Tax Board shall examine the tax return of the
owner of the cited structure or structures, and related real
property, for the taxable year of the initial order or notice issued
pursuant to paragraph (2). Notwithstanding Sections 19282 and 26451
of the Revenue and Taxation Code, the Franchise Tax Board shall
notify the issuing court regarding the owner's compliance with the
court order prohibiting the claiming of deductions with respect to
the cited structure or structures, and related real property.
(d) Any person found in contempt of a court order or injunction
pursuant to Section 17060, or who is convicted pursuant to Section
17061, for a second or subsequent time within a five-year period
after a prior finding of contempt, a prior conviction, or the prior
issuance of an injunction relating to the enforcement of this
chapter, where there are violations that are determined by the trier
of fact to be so extensive and of such a nature that the immediate
health and safety of residents or the public is endangered and where
the extent and nature of the violations are due to the defendant's
habitual neglect of customary maintenance and display a flagrant lack
of concern for the health and safety of residents or the public, may
be subject to a judgment for reasonable enforcement costs, including
investigative costs, court costs, and attorney's fees, and
punishable by a fine not exceeding six thousand dollars ($6,000) and
by imprisonment for not less than six months, but not exceeding one
year, for each violation or day of a continuing violation, if the
trier of fact finds at least three serious violations of the
following categories of violations are involved:
(1) Termination, extended interruption, or serious defects of gas,
water, or electric utility systems, if the interruption or
termination is not caused by the tenant's failure to pay gas, water,
or electric bills.
(2) Serious defects or lack of adequate space and water heating.
(3) Serious rodent, vermin, or insect infestation.
(4) Severe deterioration, rendering significant portions of the
structure unsafe or unsanitary.
(5) Inadequate numbers of garbage receptacles or service.
(6) Unsanitary conditions affecting a significant portion of the
structure as a result of faulty plumbing or sewage disposal.
(e) The remedies provided in subdivisions (a) to (d), inclusive,
for second or subsequent violations shall apply without regard to
whether the violations involved the same or different properties, or
the same or different locations within a property, owned or operated
by the person committing the violation.
17061.7. (a) Any person found in contempt of a court order or
injunction pursuant to Section 17060, or who is convicted pursuant to
Section 17061, for a second or subsequent time within a five-year
period after a prior finding of contempt, after a prior conviction,
or after the prior issuance of an injunction relating to the
enforcement of this chapter, may, in lieu of any penalties ordered
pursuant to Section 17061.5 or any other provision of law, be ordered
by the court, on its own motion or pursuant to a trial by jury on
that issue if that is requested by the defendant, to be placed in
house confinement in the employee housing or any accommodation within
the employee housing that is the subject of the court action. The
house confinement ordered pursuant to this section shall be for a
period not to exceed one year.
(b) A defendant ordered to house confinement pursuant to this
section may also be ordered by the court to pay the cost of having a
police officer or guard stand guard outside the area in which the
defendant has been confined under house confinement if it has been
determined by the court that the defendant is able to pay these
costs. No defendant shall be ordered, pursuant to this subdivision,
to pay an amount exceeding two thousand dollars ($2,000) for any
period of house confinement.
17061.9. (a) In addition to other remedies provided in this part,
the Director of the Department of Housing and Community Development
or his or her designee or an employee authorized by a local
enforcement agency which has assumed jurisdiction pursuant to Section
17050, may issue a citation which assesses a civil penalty to any
owner or operator, or both, of employee housing violating this part,
or regulations promulgated hereunder, if the owner or operator, or
both, has permitted the continuation of a violation for at least 30
days after issuance of an order to correct the violation or
violations from the enforcement agency. Each citation and related
civil penalty assessment shall be issued no later than seven months
after issuance of the order to correct which is the basis of the
citation. The civil penalties provided for in this section are not in
addition to the penalties established in subdivision (b) of Section
17037.
(b) The amount of any civil penalty assessed pursuant to
subdivision (a) shall not exceed three hundred dollars ($300) for
each violation. The civil penalties assessed pursuant to this section
shall be payable to the enforcement agency, notwithstanding any
other provision of law. Whether or not the violation or violations,
if applicable, giving cause for the citation are corrected, payment
of the civil penalty shall be remitted to the enforcement agency
within 45 days of the issuance of the citation.
(c) The amount of the civil penalty shall be increased to an
amount not to exceed five hundred dollars ($500) for a violation if
all the following circumstances exist:
(1) The citation is for a second or subsequent violation of this
part, or the regulations promulgated hereunder, for which an order to
correct was issued within one year prior to issuance of the new
citation; and
(2) The original violation has continued to exist for at least six
months from the date the order to correct the violation was issued
or has recurred within six months from the date the order to correct
the violation was issued.
(d) Any person or entity served a citation pursuant to this
section may petition the director or his or her designee or the
officially authorized representative of the local enforcement agency,
where applicable. The petition shall be a written request briefly
stating the grounds of the request. Any petition to be considered,
shall be received by the department or the local enforcement agency
within 30 days of the date of issuance of the citation.
(e) Upon receipt of a timely and complying petition, the
enforcement agency shall suspend enforcement of the citation and set
a time and place for the informal hearing and shall give the
recipient of the citation written notice thereof. The hearing shall
commence no later than 30 days following receipt of the petition or
at another time scheduled by the enforcement agency pursuant to a
request by the petitioner or the enforcement agency if the
enforcement agency determines that good and sufficient cause exists.
If the petitioner fails to appear at the time and place scheduled for
the hearing, the enforcement agency may notify the petitioner in
writing that the petition is dismissed and that compliance with the
terms of the citation shall occur within 10 days after receipt of the
notification.
(f) The enforcement agency shall notify the petitioner in writing
of its decision and the reasons therefor within 30 days following
conclusion of the informal hearing held pursuant to this section. If
the decision upholds the citation, in whole or in part, the
petitioner shall comply with the citation in accordance with the
decision within 30 days after the decision is mailed by the
enforcement agency.
17062. (a) Any state or local agency which participated in the
investigation and enforcement pursuant to this part shall be
reimbursed for its investigative and legal costs prior to and
subsequent to the judgment.
(b) Notwithstanding any other provision of law, upon motion by the
enforcement agency, the operator, or the tenants, the court may
issue an order which would result in correction of defects, rather
than closure of the employee housing. The order may provide,
notwithstanding subdivision (a), that fines and penalties be paid for
improvements, or that a lien be levied against the property to pay
the costs of an independent receiver to complete repairs, or any
other just and reasonable procedures.
(c) (1) (A) If employee housing is maintained in a manner that
violates any provision of this part, including any rule, standard, or
regulation promulgated pursuant to this part, and the violation is
so extensive and of such a nature that the health and safety of
residents or the public is substantially endangered, and if the owner
or operator does not, within a reasonable time after issuance of the
notice or order by the enforcement agency, correct the condition
that is the cause of the violation, the enforcement agency, tenant,
or tenant association or organization may, in addition to any other
remedies provided by law, seek the appointment of a receiver pursuant
to this subdivision.
(B) In its petition to the court, the enforcement agency, tenant,
or tenant association or organization shall include proof that notice
of the petition was served not less than five days prior to filing
the petition, pursuant to Article 3 (commencing with Section 415.10)
of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure, to
all persons with a recorded interest in the real property upon which
the substandard employee housing exists.
(C) In appointing a receiver, the court shall consider whether the
owner has been afforded a reasonable opportunity to correct the
conditions cited in the notice of violation. The court shall not
appoint any person as a receiver unless the person has demonstrated
to the court his or her capacity, willingness, and expertise to
develop and supervise a viable financial and construction plan for
the satisfactory rehabilitation of the employee housing. If a
receiver is appointed, the owner and his or her agent of the
substandard employee housing shall be enjoined from collecting rents
from the tenants, interfering with the receiver in the operation of
the substandard employee housing, and encumbering or transferring the
substandard employee housing or real property upon which the
employee housing is situated.
(2) Any receiver appointed pursuant to this section shall have all
of the following powers and duties in the order of priority listed
in this paragraph, unless the court otherwise permits:
(A) To take full and complete control of the substandard employee
housing.
(B) To manage the substandard employee housing and pay expenses of
the operation of the substandard employee housing and real property
upon which the employee housing is located, including taxes,
insurance, utilities, general maintenance, and debt secured by an
interest in the real property. However, the receiver shall not
operate the employee housing for a longer period each year than the
period it previously was operated as employee housing each year by
the operator or owner.
(C) To secure a cost estimate and construction plan from a
licensed contractor for the repairs necessary to correct the
conditions cited in the notice of violation.
(D) To enter into contracts and employ a licensed contractor as
necessary to correct the conditions cited in the notice of violation.
(E) To collect all rents and income from the substandard employee
housing.
(F) To use all rents and income from the substandard employee
housing to pay for the cost of rehabilitation and repairs determined
by the court as necessary to correct the conditions cited in the
notice of violation.
(G) To borrow funds to pay for repairs necessary to correct the
conditions cited in the notice of violation and to borrow funds to
pay for any relocation benefits authorized by paragraph (4) and
secure that debt, with court approval, with a lien on the real
property upon which the substandard employee housing is located. The
lien shall be recorded in the county recorder's office in the county
within which the employee housing is located.
(H) To exercise the powers granted receivers under Section 568 of
the Code of Civil Procedure.
(3) The receiver shall be entitled to the same fees, commissions,
and necessary expenses as receivers in actions to foreclose
mortgages.
(4) If the conditions of the employee housing or the repair or
rehabilitation thereof significantly affect the safe and sanitary use
of the substandard employee housing by any tenant, to the extent
that the tenant cannot safely reside in his or her unit, then the
receiver shall provide relocation benefits in accordance with
paragraph (3) of subdivision (d).
(5) The relocation compensation provided for in this section shall
not preempt any local ordinance that provides for greater relocation
assistance.
(6) In addition to any reporting required by the court, the
receiver shall prepare monthly reports to the state or local
enforcement agency which shall contain information on at least the
following items:
(A) The total amount of rent payment received.
(B) Nature and amount of contracts negotiated relative to the
operation or repair of the property.
(C) Payments made toward the repair of the premises.
(D) Progress of necessary repairs.
(E) Other payments made relative to the operation of the employee
housing.
(F) Amount of tenant relocation benefits paid.
(7) The receiver shall be discharged when the conditions cited in
the notice of violation have been remedied in accordance with the
court order or judgment and a complete accounting of all costs and
repairs has been delivered to the court. Upon removal of the
condition, the owner, the mortgagee, or any lienor of record may
apply for the discharge of all moneys not used by the receiver for
removal of the condition and all other costs authorized by this
section.
(8) The prevailing party in an action pursuant to this section
shall at the court's equitable discretion be entitled to reasonable
attorney's fees and court costs as may be fixed by the court.
(9) The county recorder may charge and collect fees for the
recording of all notices and other documents required by this section
pursuant to Article 5 (commencing with Section 27360) of Chapter 6
of Division 2 of Title 3 of the Government Code.
(10) Nothing in this section shall be construed to limit those
rights available to tenants and owners under any other provision of
the law.
(11) Nothing in this section shall be construed to deprive an
owner of substandard employee housing of all procedural due process
rights guaranteed by the California Constitution and the United
States Constitution, including, but not limited to, receipt of notice
of the violation claimed and an adequate and reasonable period of
time to comply with any orders that are issued by the enforcement
agency or the court.
(d) If the court finds that the employee housing is in a condition
that substantially endangers the health and safety of residents
pursuant to subdivision (a) of Section 17980.6, upon the entry of any
order or judgment, the court shall do all of the following:
(1) Order the owner to pay all reasonable and actual costs of the
enforcement agency including, but not limited to, inspection costs,
investigation costs, enforcement costs, attorney's fees or costs, and
all costs of prosecution.
(2) Order that the local enforcement agency shall provide the
tenants with notice of the court order or judgment.
(3) Order that, if the owner undertakes repairs or rehabilitation
as a result of being cited for a notice under this chapter, and if
the conditions of the premises or the repair or rehabilitation
thereof significantly affect the safe and sanitary use of the
premises by any lawful tenant, so that the tenant cannot safely
reside in the premises, then the owner shall provide or pay
relocation benefits to each lawful tenant as specified in subdivision
(b) of Section 17060.2. These benefits shall consist of actual
reasonable moving and storage costs and relocation compensation. The
actual moving and storage costs shall consist of all the following:
(A) Transportation of the tenant's personal property to the new
location. The new location shall be in close proximity to the
substandard premises, except where relocation to a new location
beyond a close proximity is determined by the court to be justified.
(B) Packing, crating, unpacking, and uncrating the tenant's
personal property.
(C) Insurance of the tenant's property while in transit.
(D) The reasonable replacement value of property lost, stolen, or
damaged (not through the fault or negligence of the displaced person,
his or her agent, or his or her employee) in the process of moving,
where insurance covering the loss, theft, or damage is not reasonably
available.
(E) The cost of disconnecting, dismantling, removing,
reassembling, reconnecting, and reinstalling machinery, equipment, or
other personal property of the tenant, including connection charges
imposed by utility companies for starting utility service.
(e) (1) The relocation compensation shall be an amount equal to
the differential between the contract rent and the fair market rental
value determined by the United States Department of Housing and
Urban Development for a unit of comparable size within the area for
the period that the unit is being repaired, not to exceed 120 days or
the duration that the camp is open, or the term of employment,
whichever is less.
(2) (A) If the court finds that a tenant has been substantially
responsible for causing or substantially contributing to the
substandard conditions, then the relocation benefits of this section
shall not be paid to this tenant. Each other tenant on the premises
who has been ordered to relocate due to the substandard conditions
and who is not substantially responsible for causing or contributing
to the conditions shall be paid these benefits and moving costs at
the time that he or she actually relocates.
(B) The court shall determine the date when the tenant is to
relocate, and order the tenant to notify the enforcement agency and
the owner of the address of the premises to which he or she has
relocated, within five days after the relocation.
(C) (i) The court shall order that the owner shall offer the first
right to occupancy of the premises to each tenant who received
benefits pursuant to paragraph (3) of subdivision (d), before letting
the unit for rent to a third party. The owner's offer on the first
right to occupancy to the tenant shall be in writing, and sent by
first-class certified mail to the address given by the tenant at the
time of relocation. If the owner has not been provided the tenant's
address by the tenant as prescribed by this section, the owner shall
not be required to provide notice under this section or offer the
tenant the right to return to occupancy.
(ii) The tenant shall notify the owner in writing that he or she
will occupy the unit. The notice shall be sent by first-class
certified mail no later than 10 days after the notice has been mailed
by the owner.
(D) The court shall order that failure to comply with any
abatement order under this chapter shall be punishable by civil
contempt penalties under Chapter 6 (commencing with Section 17995) of
Part 1.5, and any other penalties and fines as are available.
(f) The initiation of a proceeding or entry of a judgment pursuant
to this section or Section 17980.6 shall be deemed to be a
"proceeding" or "judgment" as provided by paragraph (4) or (5) of
subdivision (a) of Section 1942.5 of the Civil Code.
(g) The term "owner," for the purposes of this section, shall
include the owner, including any public entity that owns residential
real property, at the time of the initial notice or order and any
successor in interest who had actual or constructive knowledge of the
notice, order, or prosecution.
(h) The remedies authorized by this section shall be in addition
to those provided by any other law.
(i) Nothing in this section or in Section 17980.6 shall impair the
rights of an owner exercising his or her rights established pursuant
to Chapter 12.75 (commencing with Section 7060) of Division 7 of
Title 1 of the Government Code.
17062.5. All fines, civil penalties, and damages awarded pursuant
to this part shall be paid as provided in this section. The court
order shall direct payment of these moneys for the costs authorized
by subdivision (a) of Section 17062 or subdivision (d) of Section
17055. Thereafter, 50 percent of the balance of the total award shall
be paid to the agency, person, or entity to which subdivision (a) of
Section 17062 or subdivision (d) of Section 17055 is applicable. The
balance of the award, if at least one thousand dollars ($1,000) is
paid to that agency, person, or entity, shall be deposited in the
Farmworker Housing Grant Fund, created pursuant to Section 50517.5,
for expenditure by the department without further appropriation in a
manner consistent with the other requirements of Section 50517.5, for
any of the following purposes:
(a) Rental housing that serves lower and very low income
households, as defined in Sections 50079.5 and 50105, respectively,
who are agricultural employees.
(b) Rental dormitories for unaccompanied men or women who are
agricultural employees.
(c) Rehabilitation or replacement of existing employee housing for
seasonal use.
17060. (a) Any employee housing which does not conform to this
part, building standards published in the State Building Standards
Code relating to employee housing, the other regulations adopted
pursuant to this part, or conditions of the permit, is a public
nuisance and, if not made to conform within five days or within a
longer period of time, not to exceed 30 days, which may be allowed by
the enforcement agency after written notice, shall be abated by
proper action brought in the superior court of the county in which
the employee housing or greater portion thereof is situated. Where
inspection verifies that the owner or operator of employee housing is
proceeding with reasonable diligence, or where conditions beyond the
control of the owner or operator prevent conformance, the
enforcement agency may grant time extensions not to exceed 30 days in
duration. No more than two of these extensions shall be allowed by
the enforcement agency prior to initiation of action to abate the
public nuisance.
(b) Any violation of this part, building standards published in
the State Building Standards Code relating to employee housing, the
other regulations adopted pursuant to this part, or the provisions of
the permit which constitute an immediate or material hazard to the
health or safety of the occupants of employee housing, shall be
remedied within five days after written notice by the enforcement
agency, or shorter time in case of emergency. In the event of failure
to comply with this section, the Attorney General, or the attorney
for the enforcement agency, shall, by verified complaint setting
forth the facts, apply to the superior court for an order granting
the relief for which the action or proceeding is brought until the
entry of a final judgment or order.
(c) The superior court may make any order for which application is
made pursuant to this section.
(d) In any action or proceeding brought pursuant to this part,
service of summons is sufficient if served in the manner provided in
the Code of Civil Procedure.
(e) (1) Any enforcement agency which institutes an action or
proceeding pursuant to this section shall, at the time of filing the
action or proceeding, record in the office of the recorder of the
county or counties in which the property affected by the action or
proceeding is situated, a notice of the pendency of the action or
proceeding.
(2) The enforcement agency may charge the property owner for any
costs involved in recording the notice and shall reimburse the owner
for any amount charged if the action or proceeding is dismissed or if
judgment is rendered for the property owner.
(f) The notice recorded pursuant to subdivision (e) shall be
withdrawn by the enforcement agency by recording in the office of the
county recorder, in the county or counties in which the notice was
recorded, a notice of withdrawal within five days following
satisfaction of a court order or other resolution of the action or
proceeding.
(g) In any action or proceeding brought pursuant to this part, it
is not necessary for the complainant to provide or file any
undertaking or bond for the issuance of any preliminary or permanent
injunction. In addition, it is not necessary for a complainant to
allege or prove actual damages or the threat thereof, or actual
injury or the threat thereof, to the plaintiff, so long as a
violation of this part is alleged and proven.
17060.2. (a) Notwithstanding any other provision of law, the
operator of employee housing shall provide a resident of every unit
in the employee housing with a written copy in English and Spanish of
every order or notice of violation issued by an enforcement agency
accompanied by an explanation of the owner's or operator's
anticipated response to the order or notice. Each notice shall also
advise the occupants of the right to a hardship deferral and the
procedure for obtaining this, as set forth in subdivision (c). These
copies may be provided by first-class mail or by posting a copy of
the notice in a prominent place on each residential unit.
(b) (1) (A) The enforcement agency shall not require the vacating
of all or any part of an accommodation unless it concurrently orders
the operator to provide for the relocation of the tenants consistent
with the requirements of Section 17062 prior to the date the vacating
is required and requires expeditious demolition or repair to comply
with this part, the building standards related to employee housing,
or other rules and regulations adopted pursuant to this part. Any
local government may, prior to January 1, 1994, enact a local
relocation ordinance that imposes requirements more stringent than
those contained in this section. The tenant or tenant association may
enforce the relocation remedies of this section, and the enforcement
agency, to the extent feasible, shall cooperate in these efforts.
The enforcement agency may require vacation and demolition or itself
vacate the building, repair or demolish the building, or institute
any other appropriate action or proceeding, if either of the
following occurs:
(i) The repair work is not done as scheduled or cannot be
completed within a reasonable period of time.
(ii) There is a significant threat to the residents' or public
health and safety.
(B) In any civil action brought by a private person or entity to
obtain relocation assistance pursuant to subparagraph (A), following
an enforcement agency's order to vacate all or any part of an
accommodation, and the failure to comply with the agency's order to
provide for the relocation of the tenants, the private person or
entity, if he, she, or it is the prevailing party, may be granted
reasonable attorney's fees and costs, in addition to any other remedy
granted.
(2) Prior to vacating and demolishing the accommodation, the
public agency shall exert every reasonable effort to obtain or cause
repairs. In addition, to the extent feasible, if the public entity
causes vacation of the accommodation, it shall cooperate in efforts
to obtain compensation from the owner or operator to compensate the
displaced residents for their relocation expenses, including rent
differentials.
(c) The enforcement agency or a court of competent jurisdiction
may, in cases of extreme hardship to tenants of employee housing,
provide for deferral of the effective date of orders of abatement.
Any deferral of the effective date of any order of abatement shall
include conditions, including, but not limited to, payment of rent to
an appropriate receiver, which will ensure progress towards
correcting defects, or assist in relocation of tenants prior to
closure of the employee housing.
17060.5. (a) The sale or other transfer of property to a third
party shall not render moot an action or proceeding brought pursuant
to this chapter and instituted by an enforcement agency against the
owner of record on the date a citation for a violation of this part
was issued.
(b) Any person who obtains an ownership interest in any property
after a notice of an action or proceeding has been recorded with
respect to the property pursuant to Section 17060, and where there
has been no withdrawal of the notice, shall be subject to any order
to correct a violation, including any time limitations, specified in
a citation issued pursuant to Section 17060.
17061. (a) Any person who violates, or causes another person to
violate, any provision of this part is guilty of a misdemeanor,
punishable by a fine of not more than two thousand dollars ($2,000),
or imprisonment for not more than 180 days, or both, for each
violation of this part, provided that the violation does not cause
personal injury to any person.
(b) Any person who willfully violates, or causes another person to
violate, any provision of this part, provided that the violation
causes personal injury to any person, is punishable by imprisonment
in the state prison for two, three, or four years, or in a county
jail not exceeding one year, or by a fine of not less than four
thousand dollars ($4,000), but not exceeding ten thousand dollars
($10,000), or by both fine and imprisonment for each violation, or
each day of a continuing violation, causing personal injury. This
subdivision shall not be construed to preclude, or in any way limit,
the applicability of any other law in any criminal prosecution.
(c) Any person who violates any provision of this part shall be
liable for a civil penalty of not less than three hundred dollars
($300), nor more than one thousand dollars ($1,000), for each
violation or for each day of a continuing violation. The amount of
the civil penalty may be doubled, to a limit of not more than ten
thousand dollars ($10,000), for each violation or for each day of a
continuing violation if the court determines that the violation was
willful, or if the court finds that the person received notice from
an enforcement agency within the prior three years regarding any
employee housing owned or operated by that person, and the violations
are so extensive and of such a nature that the immediate health and
safety of the residents or the public is endangered or has been
endangered. The enforcement agency, or any person or entity affected
by the violation, may institute or maintain an action in the
appropriate court to collect any civil penalty arising under this
subdivision and may be awarded reasonable costs and attorney's fees
incurred in proving the existence of each violation and the liability
for the civil penalties.
17061.5. (a) Any person who is convicted pursuant to Section 17061
for a second or subsequent time within a five-year period or is
convicted pursuant to subdivision (d) for a first or subsequent time
within a five-year period after issuance of an injunction enforcing
this chapter shall be punishable by a fine not to exceed six thousand
dollars ($6,000) or by imprisonment not exceeding six months, or
both the fine and imprisonment for each violation or day of a
continuing violation.
(b) Any person found in contempt of a court order or injunction
pursuant to Section 17060 within a five-year period from its issuance
may be subject to a judgment for reasonable enforcement costs,
including investigative costs, court costs, and attorney's fees, and
civil penalties not to exceed six thousand dollars ($6,000) or by
imprisonment not exceeding six months, or both the civil penalty and
imprisonment, for each violation or day of a continuing violation.
(c) (1) If an injunction enforcing this chapter is issued within a
five-year period after a conviction pursuant to subdivision (a), a
finding of contempt pursuant to subdivision (b), or a prior
injunction enforcing this chapter, the injunction shall provide for a
civil penalty not to exceed six thousand dollars ($6,000) for each
violation or day of a continuing violation and all costs of
enforcement, including, but not limited to, investigative costs,
inspection costs, enforcement costs, attorney's fees or costs, and
all other costs of prosecution.
(2) The court may also order the owner not to claim any deduction
with respect to state taxes for interest, taxes, expenses,
depreciation, or amortization paid or incurred, with respect to the
cited structure or structures, and related real property, in the
taxable year of the initial order or notice. Within 90 days after
issuing the order, the court shall mail to the Franchise Tax Board a
written notice of its order prohibiting the owner from claiming
deductions with respect to the cited structure or structures, and
related real property, in lieu of the processing of a violation by
the enforcement agency in accordance with Sections 17274 and 24436.5
of the Revenue and Taxation Code.
(3) The Franchise Tax Board shall examine the tax return of the
owner of the cited structure or structures, and related real
property, for the taxable year of the initial order or notice issued
pursuant to paragraph (2). Notwithstanding Sections 19282 and 26451
of the Revenue and Taxation Code, the Franchise Tax Board shall
notify the issuing court regarding the owner's compliance with the
court order prohibiting the claiming of deductions with respect to
the cited structure or structures, and related real property.
(d) Any person found in contempt of a court order or injunction
pursuant to Section 17060, or who is convicted pursuant to Section
17061, for a second or subsequent time within a five-year period
after a prior finding of contempt, a prior conviction, or the prior
issuance of an injunction relating to the enforcement of this
chapter, where there are violations that are determined by the trier
of fact to be so extensive and of such a nature that the immediate
health and safety of residents or the public is endangered and where
the extent and nature of the violations are due to the defendant's
habitual neglect of customary maintenance and display a flagrant lack
of concern for the health and safety of residents or the public, may
be subject to a judgment for reasonable enforcement costs, including
investigative costs, court costs, and attorney's fees, and
punishable by a fine not exceeding six thousand dollars ($6,000) and
by imprisonment for not less than six months, but not exceeding one
year, for each violation or day of a continuing violation, if the
trier of fact finds at least three serious violations of the
following categories of violations are involved:
(1) Termination, extended interruption, or serious defects of gas,
water, or electric utility systems, if the interruption or
termination is not caused by the tenant's failure to pay gas, water,
or electric bills.
(2) Serious defects or lack of adequate space and water heating.
(3) Serious rodent, vermin, or insect infestation.
(4) Severe deterioration, rendering significant portions of the
structure unsafe or unsanitary.
(5) Inadequate numbers of garbage receptacles or service.
(6) Unsanitary conditions affecting a significant portion of the
structure as a result of faulty plumbing or sewage disposal.
(e) The remedies provided in subdivisions (a) to (d), inclusive,
for second or subsequent violations shall apply without regard to
whether the violations involved the same or different properties, or
the same or different locations within a property, owned or operated
by the person committing the violation.
17061.7. (a) Any person found in contempt of a court order or
injunction pursuant to Section 17060, or who is convicted pursuant to
Section 17061, for a second or subsequent time within a five-year
period after a prior finding of contempt, after a prior conviction,
or after the prior issuance of an injunction relating to the
enforcement of this chapter, may, in lieu of any penalties ordered
pursuant to Section 17061.5 or any other provision of law, be ordered
by the court, on its own motion or pursuant to a trial by jury on
that issue if that is requested by the defendant, to be placed in
house confinement in the employee housing or any accommodation within
the employee housing that is the subject of the court action. The
house confinement ordered pursuant to this section shall be for a
period not to exceed one year.
(b) A defendant ordered to house confinement pursuant to this
section may also be ordered by the court to pay the cost of having a
police officer or guard stand guard outside the area in which the
defendant has been confined under house confinement if it has been
determined by the court that the defendant is able to pay these
costs. No defendant shall be ordered, pursuant to this subdivision,
to pay an amount exceeding two thousand dollars ($2,000) for any
period of house confinement.
17061.9. (a) In addition to other remedies provided in this part,
the Director of the Department of Housing and Community Development
or his or her designee or an employee authorized by a local
enforcement agency which has assumed jurisdiction pursuant to Section
17050, may issue a citation which assesses a civil penalty to any
owner or operator, or both, of employee housing violating this part,
or regulations promulgated hereunder, if the owner or operator, or
both, has permitted the continuation of a violation for at least 30
days after issuance of an order to correct the violation or
violations from the enforcement agency. Each citation and related
civil penalty assessment shall be issued no later than seven months
after issuance of the order to correct which is the basis of the
citation. The civil penalties provided for in this section are not in
addition to the penalties established in subdivision (b) of Section
17037.
(b) The amount of any civil penalty assessed pursuant to
subdivision (a) shall not exceed three hundred dollars ($300) for
each violation. The civil penalties assessed pursuant to this section
shall be payable to the enforcement agency, notwithstanding any
other provision of law. Whether or not the violation or violations,
if applicable, giving cause for the citation are corrected, payment
of the civil penalty shall be remitted to the enforcement agency
within 45 days of the issuance of the citation.
(c) The amount of the civil penalty shall be increased to an
amount not to exceed five hundred dollars ($500) for a violation if
all the following circumstances exist:
(1) The citation is for a second or subsequent violation of this
part, or the regulations promulgated hereunder, for which an order to
correct was issued within one year prior to issuance of the new
citation; and
(2) The original violation has continued to exist for at least six
months from the date the order to correct the violation was issued
or has recurred within six months from the date the order to correct
the violation was issued.
(d) Any person or entity served a citation pursuant to this
section may petition the director or his or her designee or the
officially authorized representative of the local enforcement agency,
where applicable. The petition shall be a written request briefly
stating the grounds of the request. Any petition to be considered,
shall be received by the department or the local enforcement agency
within 30 days of the date of issuance of the citation.
(e) Upon receipt of a timely and complying petition, the
enforcement agency shall suspend enforcement of the citation and set
a time and place for the informal hearing and shall give the
recipient of the citation written notice thereof. The hearing shall
commence no later than 30 days following receipt of the petition or
at another time scheduled by the enforcement agency pursuant to a
request by the petitioner or the enforcement agency if the
enforcement agency determines that good and sufficient cause exists.
If the petitioner fails to appear at the time and place scheduled for
the hearing, the enforcement agency may notify the petitioner in
writing that the petition is dismissed and that compliance with the
terms of the citation shall occur within 10 days after receipt of the
notification.
(f) The enforcement agency shall notify the petitioner in writing
of its decision and the reasons therefor within 30 days following
conclusion of the informal hearing held pursuant to this section. If
the decision upholds the citation, in whole or in part, the
petitioner shall comply with the citation in accordance with the
decision within 30 days after the decision is mailed by the
enforcement agency.
17062. (a) Any state or local agency which participated in the
investigation and enforcement pursuant to this part shall be
reimbursed for its investigative and legal costs prior to and
subsequent to the judgment.
(b) Notwithstanding any other provision of law, upon motion by the
enforcement agency, the operator, or the tenants, the court may
issue an order which would result in correction of defects, rather
than closure of the employee housing. The order may provide,
notwithstanding subdivision (a), that fines and penalties be paid for
improvements, or that a lien be levied against the property to pay
the costs of an independent receiver to complete repairs, or any
other just and reasonable procedures.
(c) (1) (A) If employee housing is maintained in a manner that
violates any provision of this part, including any rule, standard, or
regulation promulgated pursuant to this part, and the violation is
so extensive and of such a nature that the health and safety of
residents or the public is substantially endangered, and if the owner
or operator does not, within a reasonable time after issuance of the
notice or order by the enforcement agency, correct the condition
that is the cause of the violation, the enforcement agency, tenant,
or tenant association or organization may, in addition to any other
remedies provided by law, seek the appointment of a receiver pursuant
to this subdivision.
(B) In its petition to the court, the enforcement agency, tenant,
or tenant association or organization shall include proof that notice
of the petition was served not less than five days prior to filing
the petition, pursuant to Article 3 (commencing with Section 415.10)
of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure, to
all persons with a recorded interest in the real property upon which
the substandard employee housing exists.
(C) In appointing a receiver, the court shall consider whether the
owner has been afforded a reasonable opportunity to correct the
conditions cited in the notice of violation. The court shall not
appoint any person as a receiver unless the person has demonstrated
to the court his or her capacity, willingness, and expertise to
develop and supervise a viable financial and construction plan for
the satisfactory rehabilitation of the employee housing. If a
receiver is appointed, the owner and his or her agent of the
substandard employee housing shall be enjoined from collecting rents
from the tenants, interfering with the receiver in the operation of
the substandard employee housing, and encumbering or transferring the
substandard employee housing or real property upon which the
employee housing is situated.
(2) Any receiver appointed pursuant to this section shall have all
of the following powers and duties in the order of priority listed
in this paragraph, unless the court otherwise permits:
(A) To take full and complete control of the substandard employee
housing.
(B) To manage the substandard employee housing and pay expenses of
the operation of the substandard employee housing and real property
upon which the employee housing is located, including taxes,
insurance, utilities, general maintenance, and debt secured by an
interest in the real property. However, the receiver shall not
operate the employee housing for a longer period each year than the
period it previously was operated as employee housing each year by
the operator or owner.
(C) To secure a cost estimate and construction plan from a
licensed contractor for the repairs necessary to correct the
conditions cited in the notice of violation.
(D) To enter into contracts and employ a licensed contractor as
necessary to correct the conditions cited in the notice of violation.
(E) To collect all rents and income from the substandard employee
housing.
(F) To use all rents and income from the substandard employee
housing to pay for the cost of rehabilitation and repairs determined
by the court as necessary to correct the conditions cited in the
notice of violation.
(G) To borrow funds to pay for repairs necessary to correct the
conditions cited in the notice of violation and to borrow funds to
pay for any relocation benefits authorized by paragraph (4) and
secure that debt, with court approval, with a lien on the real
property upon which the substandard employee housing is located. The
lien shall be recorded in the county recorder's office in the county
within which the employee housing is located.
(H) To exercise the powers granted receivers under Section 568 of
the Code of Civil Procedure.
(3) The receiver shall be entitled to the same fees, commissions,
and necessary expenses as receivers in actions to foreclose
mortgages.
(4) If the conditions of the employee housing or the repair or
rehabilitation thereof significantly affect the safe and sanitary use
of the substandard employee housing by any tenant, to the extent
that the tenant cannot safely reside in his or her unit, then the
receiver shall provide relocation benefits in accordance with
paragraph (3) of subdivision (d).
(5) The relocation compensation provided for in this section shall
not preempt any local ordinance that provides for greater relocation
assistance.
(6) In addition to any reporting required by the court, the
receiver shall prepare monthly reports to the state or local
enforcement agency which shall contain information on at least the
following items:
(A) The total amount of rent payment received.
(B) Nature and amount of contracts negotiated relative to the
operation or repair of the property.
(C) Payments made toward the repair of the premises.
(D) Progress of necessary repairs.
(E) Other payments made relative to the operation of the employee
housing.
(F) Amount of tenant relocation benefits paid.
(7) The receiver shall be discharged when the conditions cited in
the notice of violation have been remedied in accordance with the
court order or judgment and a complete accounting of all costs and
repairs has been delivered to the court. Upon removal of the
condition, the owner, the mortgagee, or any lienor of record may
apply for the discharge of all moneys not used by the receiver for
removal of the condition and all other costs authorized by this
section.
(8) The prevailing party in an action pursuant to this section
shall at the court's equitable discretion be entitled to reasonable
attorney's fees and court costs as may be fixed by the court.
(9) The county recorder may charge and collect fees for the
recording of all notices and other documents required by this section
pursuant to Article 5 (commencing with Section 27360) of Chapter 6
of Division 2 of Title 3 of the Government Code.
(10) Nothing in this section shall be construed to limit those
rights available to tenants and owners under any other provision of
the law.
(11) Nothing in this section shall be construed to deprive an
owner of substandard employee housing of all procedural due process
rights guaranteed by the California Constitution and the United
States Constitution, including, but not limited to, receipt of notice
of the violation claimed and an adequate and reasonable period of
time to comply with any orders that are issued by the enforcement
agency or the court.
(d) If the court finds that the employee housing is in a condition
that substantially endangers the health and safety of residents
pursuant to subdivision (a) of Section 17980.6, upon the entry of any
order or judgment, the court shall do all of the following:
(1) Order the owner to pay all reasonable and actual costs of the
enforcement agency including, but not limited to, inspection costs,
investigation costs, enforcement costs, attorney's fees or costs, and
all costs of prosecution.
(2) Order that the local enforcement agency shall provide the
tenants with notice of the court order or judgment.
(3) Order that, if the owner undertakes repairs or rehabilitation
as a result of being cited for a notice under this chapter, and if
the conditions of the premises or the repair or rehabilitation
thereof significantly affect the safe and sanitary use of the
premises by any lawful tenant, so that the tenant cannot safely
reside in the premises, then the owner shall provide or pay
relocation benefits to each lawful tenant as specified in subdivision
(b) of Section 17060.2. These benefits shall consist of actual
reasonable moving and storage costs and relocation compensation. The
actual moving and storage costs shall consist of all the following:
(A) Transportation of the tenant's personal property to the new
location. The new location shall be in close proximity to the
substandard premises, except where relocation to a new location
beyond a close proximity is determined by the court to be justified.
(B) Packing, crating, unpacking, and uncrating the tenant's
personal property.
(C) Insurance of the tenant's property while in transit.
(D) The reasonable replacement value of property lost, stolen, or
damaged (not through the fault or negligence of the displaced person,
his or her agent, or his or her employee) in the process of moving,
where insurance covering the loss, theft, or damage is not reasonably
available.
(E) The cost of disconnecting, dismantling, removing,
reassembling, reconnecting, and reinstalling machinery, equipment, or
other personal property of the tenant, including connection charges
imposed by utility companies for starting utility service.
(e) (1) The relocation compensation shall be an amount equal to
the differential between the contract rent and the fair market rental
value determined by the United States Department of Housing and
Urban Development for a unit of comparable size within the area for
the period that the unit is being repaired, not to exceed 120 days or
the duration that the camp is open, or the term of employment,
whichever is less.
(2) (A) If the court finds that a tenant has been substantially
responsible for causing or substantially contributing to the
substandard conditions, then the relocation benefits of this section
shall not be paid to this tenant. Each other tenant on the premises
who has been ordered to relocate due to the substandard conditions
and who is not substantially responsible for causing or contributing
to the conditions shall be paid these benefits and moving costs at
the time that he or she actually relocates.
(B) The court shall determine the date when the tenant is to
relocate, and order the tenant to notify the enforcement agency and
the owner of the address of the premises to which he or she has
relocated, within five days after the relocation.
(C) (i) The court shall order that the owner shall offer the first
right to occupancy of the premises to each tenant who received
benefits pursuant to paragraph (3) of subdivision (d), before letting
the unit for rent to a third party. The owner's offer on the first
right to occupancy to the tenant shall be in writing, and sent by
first-class certified mail to the address given by the tenant at the
time of relocation. If the owner has not been provided the tenant's
address by the tenant as prescribed by this section, the owner shall
not be required to provide notice under this section or offer the
tenant the right to return to occupancy.
(ii) The tenant shall notify the owner in writing that he or she
will occupy the unit. The notice shall be sent by first-class
certified mail no later than 10 days after the notice has been mailed
by the owner.
(D) The court shall order that failure to comply with any
abatement order under this chapter shall be punishable by civil
contempt penalties under Chapter 6 (commencing with Section 17995) of
Part 1.5, and any other penalties and fines as are available.
(f) The initiation of a proceeding or entry of a judgment pursuant
to this section or Section 17980.6 shall be deemed to be a
"proceeding" or "judgment" as provided by paragraph (4) or (5) of
subdivision (a) of Section 1942.5 of the Civil Code.
(g) The term "owner," for the purposes of this section, shall
include the owner, including any public entity that owns residential
real property, at the time of the initial notice or order and any
successor in interest who had actual or constructive knowledge of the
notice, order, or prosecution.
(h) The remedies authorized by this section shall be in addition
to those provided by any other law.
(i) Nothing in this section or in Section 17980.6 shall impair the
rights of an owner exercising his or her rights established pursuant
to Chapter 12.75 (commencing with Section 7060) of Division 7 of
Title 1 of the Government Code.
17062.5. All fines, civil penalties, and damages awarded pursuant
to this part shall be paid as provided in this section. The court
order shall direct payment of these moneys for the costs authorized
by subdivision (a) of Section 17062 or subdivision (d) of Section
17055. Thereafter, 50 percent of the balance of the total award shall
be paid to the agency, person, or entity to which subdivision (a) of
Section 17062 or subdivision (d) of Section 17055 is applicable. The
balance of the award, if at least one thousand dollars ($1,000) is
paid to that agency, person, or entity, shall be deposited in the
Farmworker Housing Grant Fund, created pursuant to Section 50517.5,
for expenditure by the department without further appropriation in a
manner consistent with the other requirements of Section 50517.5, for
any of the following purposes:
(a) Rental housing that serves lower and very low income
households, as defined in Sections 50079.5 and 50105, respectively,
who are agricultural employees.
(b) Rental dormitories for unaccompanied men or women who are
agricultural employees.
(c) Rehabilitation or replacement of existing employee housing for
seasonal use.
17060. (a) Any employee housing which does not conform to this
part, building standards published in the State Building Standards
Code relating to employee housing, the other regulations adopted
pursuant to this part, or conditions of the permit, is a public
nuisance and, if not made to conform within five days or within a
longer period of time, not to exceed 30 days, which may be allowed by
the enforcement agency after written notice, shall be abated by
proper action brought in the superior court of the county in which
the employee housing or greater portion thereof is situated. Where
inspection verifies that the owner or operator of employee housing is
proceeding with reasonable diligence, or where conditions beyond the
control of the owner or operator prevent conformance, the
enforcement agency may grant time extensions not to exceed 30 days in
duration. No more than two of these extensions shall be allowed by
the enforcement agency prior to initiation of action to abate the
public nuisance.
(b) Any violation of this part, building standards published in
the State Building Standards Code relating to employee housing, the
other regulations adopted pursuant to this part, or the provisions of
the permit which constitute an immediate or material hazard to the
health or safety of the occupants of employee housing, shall be
remedied within five days after written notice by the enforcement
agency, or shorter time in case of emergency. In the event of failure
to comply with this section, the Attorney General, or the attorney
for the enforcement agency, shall, by verified complaint setting
forth the facts, apply to the superior court for an order granting
the relief for which the action or proceeding is brought until the
entry of a final judgment or order.
(c) The superior court may make any order for which application is
made pursuant to this section.
(d) In any action or proceeding brought pursuant to this part,
service of summons is sufficient if served in the manner provided in
the Code of Civil Procedure.
(e) (1) Any enforcement agency which institutes an action or
proceeding pursuant to this section shall, at the time of filing the
action or proceeding, record in the office of the recorder of the
county or counties in which the property affected by the action or
proceeding is situated, a notice of the pendency of the action or
proceeding.
(2) The enforcement agency may charge the property owner for any
costs involved in recording the notice and shall reimburse the owner
for any amount charged if the action or proceeding is dismissed or if
judgment is rendered for the property owner.
(f) The notice recorded pursuant to subdivision (e) shall be
withdrawn by the enforcement agency by recording in the office of the
county recorder, in the county or counties in which the notice was
recorded, a notice of withdrawal within five days following
satisfaction of a court order or other resolution of the action or
proceeding.
(g) In any action or proceeding brought pursuant to this part, it
is not necessary for the complainant to provide or file any
undertaking or bond for the issuance of any preliminary or permanent
injunction. In addition, it is not necessary for a complainant to
allege or prove actual damages or the threat thereof, or actual
injury or the threat thereof, to the plaintiff, so long as a
violation of this part is alleged and proven.
17060.2. (a) Notwithstanding any other provision of law, the
operator of employee housing shall provide a resident of every unit
in the employee housing with a written copy in English and Spanish of
every order or notice of violation issued by an enforcement agency
accompanied by an explanation of the owner's or operator's
anticipated response to the order or notice. Each notice shall also
advise the occupants of the right to a hardship deferral and the
procedure for obtaining this, as set forth in subdivision (c). These
copies may be provided by first-class mail or by posting a copy of
the notice in a prominent place on each residential unit.
(b) (1) (A) The enforcement agency shall not require the vacating
of all or any part of an accommodation unless it concurrently orders
the operator to provide for the relocation of the tenants consistent
with the requirements of Section 17062 prior to the date the vacating
is required and requires expeditious demolition or repair to comply
with this part, the building standards related to employee housing,
or other rules and regulations adopted pursuant to this part. Any
local government may, prior to January 1, 1994, enact a local
relocation ordinance that imposes requirements more stringent than
those contained in this section. The tenant or tenant association may
enforce the relocation remedies of this section, and the enforcement
agency, to the extent feasible, shall cooperate in these efforts.
The enforcement agency may require vacation and demolition or itself
vacate the building, repair or demolish the building, or institute
any other appropriate action or proceeding, if either of the
following occurs:
(i) The repair work is not done as scheduled or cannot be
completed within a reasonable period of time.
(ii) There is a significant threat to the residents' or public
health and safety.
(B) In any civil action brought by a private person or entity to
obtain relocation assistance pursuant to subparagraph (A), following
an enforcement agency's order to vacate all or any part of an
accommodation, and the failure to comply with the agency's order to
provide for the relocation of the tenants, the private person or
entity, if he, she, or it is the prevailing party, may be granted
reasonable attorney's fees and costs, in addition to any other remedy
granted.
(2) Prior to vacating and demolishing the accommodation, the
public agency shall exert every reasonable effort to obtain or cause
repairs. In addition, to the extent feasible, if the public entity
causes vacation of the accommodation, it shall cooperate in efforts
to obtain compensation from the owner or operator to compensate the
displaced residents for their relocation expenses, including rent
differentials.
(c) The enforcement agency or a court of competent jurisdiction
may, in cases of extreme hardship to tenants of employee housing,
provide for deferral of the effective date of orders of abatement.
Any deferral of the effective date of any order of abatement shall
include conditions, including, but not limited to, payment of rent to
an appropriate receiver, which will ensure progress towards
correcting defects, or assist in relocation of tenants prior to
closure of the employee housing.
17060.5. (a) The sale or other transfer of property to a third
party shall not render moot an action or proceeding brought pursuant
to this chapter and instituted by an enforcement agency against the
owner of record on the date a citation for a violation of this part
was issued.
(b) Any person who obtains an ownership interest in any property
after a notice of an action or proceeding has been recorded with
respect to the property pursuant to Section 17060, and where there
has been no withdrawal of the notice, shall be subject to any order
to correct a violation, including any time limitations, specified in
a citation issued pursuant to Section 17060.
17061. (a) Any person who violates, or causes another person to
violate, any provision of this part is guilty of a misdemeanor,
punishable by a fine of not more than two thousand dollars ($2,000),
or imprisonment for not more than 180 days, or both, for each
violation of this part, provided that the violation does not cause
personal injury to any person.
(b) Any person who willfully violates, or causes another person to
violate, any provision of this part, provided that the violation
causes personal injury to any person, is punishable by imprisonment
in the state prison for two, three, or four years, or in a county
jail not exceeding one year, or by a fine of not less than four
thousand dollars ($4,000), but not exceeding ten thousand dollars
($10,000), or by both fine and imprisonment for each violation, or
each day of a continuing violation, causing personal injury. This
subdivision shall not be construed to preclude, or in any way limit,
the applicability of any other law in any criminal prosecution.
(c) Any person who violates any provision of this part shall be
liable for a civil penalty of not less than three hundred dollars
($300), nor more than one thousand dollars ($1,000), for each
violation or for each day of a continuing violation. The amount of
the civil penalty may be doubled, to a limit of not more than ten
thousand dollars ($10,000), for each violation or for each day of a
continuing violation if the court determines that the violation was
willful, or if the court finds that the person received notice from
an enforcement agency within the prior three years regarding any
employee housing owned or operated by that person, and the violations
are so extensive and of such a nature that the immediate health and
safety of the residents or the public is endangered or has been
endangered. The enforcement agency, or any person or entity affected
by the violation, may institute or maintain an action in the
appropriate court to collect any civil penalty arising under this
subdivision and may be awarded reasonable costs and attorney's fees
incurred in proving the existence of each violation and the liability
for the civil penalties.
17061.5. (a) Any person who is convicted pursuant to Section 17061
for a second or subsequent time within a five-year period or is
convicted pursuant to subdivision (d) for a first or subsequent time
within a five-year period after issuance of an injunction enforcing
this chapter shall be punishable by a fine not to exceed six thousand
dollars ($6,000) or by imprisonment not exceeding six months, or
both the fine and imprisonment for each violation or day of a
continuing violation.
(b) Any person found in contempt of a court order or injunction
pursuant to Section 17060 within a five-year period from its issuance
may be subject to a judgment for reasonable enforcement costs,
including investigative costs, court costs, and attorney's fees, and
civil penalties not to exceed six thousand dollars ($6,000) or by
imprisonment not exceeding six months, or both the civil penalty and
imprisonment, for each violation or day of a continuing violation.
(c) (1) If an injunction enforcing this chapter is issued within a
five-year period after a conviction pursuant to subdivision (a), a
finding of contempt pursuant to subdivision (b), or a prior
injunction enforcing this chapter, the injunction shall provide for a
civil penalty not to exceed six thousand dollars ($6,000) for each
violation or day of a continuing violation and all costs of
enforcement, including, but not limited to, investigative costs,
inspection costs, enforcement costs, attorney's fees or costs, and
all other costs of prosecution.
(2) The court may also order the owner not to claim any deduction
with respect to state taxes for interest, taxes, expenses,
depreciation, or amortization paid or incurred, with respect to the
cited structure or structures, and related real property, in the
taxable year of the initial order or notice. Within 90 days after
issuing the order, the court shall mail to the Franchise Tax Board a
written notice of its order prohibiting the owner from claiming
deductions with respect to the cited structure or structures, and
related real property, in lieu of the processing of a violation by
the enforcement agency in accordance with Sections 17274 and 24436.5
of the Revenue and Taxation Code.
(3) The Franchise Tax Board shall examine the tax return of the
owner of the cited structure or structures, and related real
property, for the taxable year of the initial order or notice issued
pursuant to paragraph (2). Notwithstanding Sections 19282 and 26451
of the Revenue and Taxation Code, the Franchise Tax Board shall
notify the issuing court regarding the owner's compliance with the
court order prohibiting the claiming of deductions with respect to
the cited structure or structures, and related real property.
(d) Any person found in contempt of a court order or injunction
pursuant to Section 17060, or who is convicted pursuant to Section
17061, for a second or subsequent time within a five-year period
after a prior finding of contempt, a prior conviction, or the prior
issuance of an injunction relating to the enforcement of this
chapter, where there are violations that are determined by the trier
of fact to be so extensive and of such a nature that the immediate
health and safety of residents or the public is endangered and where
the extent and nature of the violations are due to the defendant's
habitual neglect of customary maintenance and display a flagrant lack
of concern for the health and safety of residents or the public, may
be subject to a judgment for reasonable enforcement costs, including
investigative costs, court costs, and attorney's fees, and
punishable by a fine not exceeding six thousand dollars ($6,000) and
by imprisonment for not less than six months, but not exceeding one
year, for each violation or day of a continuing violation, if the
trier of fact finds at least three serious violations of the
following categories of violations are involved:
(1) Termination, extended interruption, or serious defects of gas,
water, or electric utility systems, if the interruption or
termination is not caused by the tenant's failure to pay gas, water,
or electric bills.
(2) Serious defects or lack of adequate space and water heating.
(3) Serious rodent, vermin, or insect infestation.
(4) Severe deterioration, rendering significant portions of the
structure unsafe or unsanitary.
(5) Inadequate numbers of garbage receptacles or service.
(6) Unsanitary conditions affecting a significant portion of the
structure as a result of faulty plumbing or sewage disposal.
(e) The remedies provided in subdivisions (a) to (d), inclusive,
for second or subsequent violations shall apply without regard to
whether the violations involved the same or different properties, or
the same or different locations within a property, owned or operated
by the person committing the violation.
17061.7. (a) Any person found in contempt of a court order or
injunction pursuant to Section 17060, or who is convicted pursuant to
Section 17061, for a second or subsequent time within a five-year
period after a prior finding of contempt, after a prior conviction,
or after the prior issuance of an injunction relating to the
enforcement of this chapter, may, in lieu of any penalties ordered
pursuant to Section 17061.5 or any other provision of law, be ordered
by the court, on its own motion or pursuant to a trial by jury on
that issue if that is requested by the defendant, to be placed in
house confinement in the employee housing or any accommodation within
the employee housing that is the subject of the court action. The
house confinement ordered pursuant to this section shall be for a
period not to exceed one year.
(b) A defendant ordered to house confinement pursuant to this
section may also be ordered by the court to pay the cost of having a
police officer or guard stand guard outside the area in which the
defendant has been confined under house confinement if it has been
determined by the court that the defendant is able to pay these
costs. No defendant shall be ordered, pursuant to this subdivision,
to pay an amount exceeding two thousand dollars ($2,000) for any
period of house confinement.
17061.9. (a) In addition to other remedies provided in this part,
the Director of the Department of Housing and Community Development
or his or her designee or an employee authorized by a local
enforcement agency which has assumed jurisdiction pursuant to Section
17050, may issue a citation which assesses a civil penalty to any
owner or operator, or both, of employee housing violating this part,
or regulations promulgated hereunder, if the owner or operator, or
both, has permitted the continuation of a violation for at least 30
days after issuance of an order to correct the violation or
violations from the enforcement agency. Each citation and related
civil penalty assessment shall be issued no later than seven months
after issuance of the order to correct which is the basis of the
citation. The civil penalties provided for in this section are not in
addition to the penalties established in subdivision (b) of Section
17037.
(b) The amount of any civil penalty assessed pursuant to
subdivision (a) shall not exceed three hundred dollars ($300) for
each violation. The civil penalties assessed pursuant to this section
shall be payable to the enforcement agency, notwithstanding any
other provision of law. Whether or not the violation or violations,
if applicable, giving cause for the citation are corrected, payment
of the civil penalty shall be remitted to the enforcement agency
within 45 days of the issuance of the citation.
(c) The amount of the civil penalty shall be increased to an
amount not to exceed five hundred dollars ($500) for a violation if
all the following circumstances exist:
(1) The citation is for a second or subsequent violation of this
part, or the regulations promulgated hereunder, for which an order to
correct was issued within one year prior to issuance of the new
citation; and
(2) The original violation has continued to exist for at least six
months from the date the order to correct the violation was issued
or has recurred within six months from the date the order to correct
the violation was issued.
(d) Any person or entity served a citation pursuant to this
section may petition the director or his or her designee or the
officially authorized representative of the local enforcement agency,
where applicable. The petition shall be a written request briefly
stating the grounds of the request. Any petition to be considered,
shall be received by the department or the local enforcement agency
within 30 days of the date of issuance of the citation.
(e) Upon receipt of a timely and complying petition, the
enforcement agency shall suspend enforcement of the citation and set
a time and place for the informal hearing and shall give the
recipient of the citation written notice thereof. The hearing shall
commence no later than 30 days following receipt of the petition or
at another time scheduled by the enforcement agency pursuant to a
request by the petitioner or the enforcement agency if the
enforcement agency determines that good and sufficient cause exists.
If the petitioner fails to appear at the time and place scheduled for
the hearing, the enforcement agency may notify the petitioner in
writing that the petition is dismissed and that compliance with the
terms of the citation shall occur within 10 days after receipt of the
notification.
(f) The enforcement agency shall notify the petitioner in writing
of its decision and the reasons therefor within 30 days following
conclusion of the informal hearing held pursuant to this section. If
the decision upholds the citation, in whole or in part, the
petitioner shall comply with the citation in accordance with the
decision within 30 days after the decision is mailed by the
enforcement agency.
17062. (a) Any state or local agency which participated in the
investigation and enforcement pursuant to this part shall be
reimbursed for its investigative and legal costs prior to and
subsequent to the judgment.
(b) Notwithstanding any other provision of law, upon motion by the
enforcement agency, the operator, or the tenants, the court may
issue an order which would result in correction of defects, rather
than closure of the employee housing. The order may provide,
notwithstanding subdivision (a), that fines and penalties be paid for
improvements, or that a lien be levied against the property to pay
the costs of an independent receiver to complete repairs, or any
other just and reasonable procedures.
(c) (1) (A) If employee housing is maintained in a manner that
violates any provision of this part, including any rule, standard, or
regulation promulgated pursuant to this part, and the violation is
so extensive and of such a nature that the health and safety of
residents or the public is substantially endangered, and if the owner
or operator does not, within a reasonable time after issuance of the
notice or order by the enforcement agency, correct the condition
that is the cause of the violation, the enforcement agency, tenant,
or tenant association or organization may, in addition to any other
remedies provided by law, seek the appointment of a receiver pursuant
to this subdivision.
(B) In its petition to the court, the enforcement agency, tenant,
or tenant association or organization shall include proof that notice
of the petition was served not less than five days prior to filing
the petition, pursuant to Article 3 (commencing with Section 415.10)
of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure, to
all persons with a recorded interest in the real property upon which
the substandard employee housing exists.
(C) In appointing a receiver, the court shall consider whether the
owner has been afforded a reasonable opportunity to correct the
conditions cited in the notice of violation. The court shall not
appoint any person as a receiver unless the person has demonstrated
to the court his or her capacity, willingness, and expertise to
develop and supervise a viable financial and construction plan for
the satisfactory rehabilitation of the employee housing. If a
receiver is appointed, the owner and his or her agent of the
substandard employee housing shall be enjoined from collecting rents
from the tenants, interfering with the receiver in the operation of
the substandard employee housing, and encumbering or transferring the
substandard employee housing or real property upon which the
employee housing is situated.
(2) Any receiver appointed pursuant to this section shall have all
of the following powers and duties in the order of priority listed
in this paragraph, unless the court otherwise permits:
(A) To take full and complete control of the substandard employee
housing.
(B) To manage the substandard employee housing and pay expenses of
the operation of the substandard employee housing and real property
upon which the employee housing is located, including taxes,
insurance, utilities, general maintenance, and debt secured by an
interest in the real property. However, the receiver shall not
operate the employee housing for a longer period each year than the
period it previously was operated as employee housing each year by
the operator or owner.
(C) To secure a cost estimate and construction plan from a
licensed contractor for the repairs necessary to correct the
conditions cited in the notice of violation.
(D) To enter into contracts and employ a licensed contractor as
necessary to correct the conditions cited in the notice of violation.
(E) To collect all rents and income from the substandard employee
housing.
(F) To use all rents and income from the substandard employee
housing to pay for the cost of rehabilitation and repairs determined
by the court as necessary to correct the conditions cited in the
notice of violation.
(G) To borrow funds to pay for repairs necessary to correct the
conditions cited in the notice of violation and to borrow funds to
pay for any relocation benefits authorized by paragraph (4) and
secure that debt, with court approval, with a lien on the real
property upon which the substandard employee housing is located. The
lien shall be recorded in the county recorder's office in the county
within which the employee housing is located.
(H) To exercise the powers granted receivers under Section 568 of
the Code of Civil Procedure.
(3) The receiver shall be entitled to the same fees, commissions,
and necessary expenses as receivers in actions to foreclose
mortgages.
(4) If the conditions of the employee housing or the repair or
rehabilitation thereof significantly affect the safe and sanitary use
of the substandard employee housing by any tenant, to the extent
that the tenant cannot safely reside in his or her unit, then the
receiver shall provide relocation benefits in accordance with
paragraph (3) of subdivision (d).
(5) The relocation compensation provided for in this section shall
not preempt any local ordinance that provides for greater relocation
assistance.
(6) In addition to any reporting required by the court, the
receiver shall prepare monthly reports to the state or local
enforcement agency which shall contain information on at least the
following items:
(A) The total amount of rent payment received.
(B) Nature and amount of contracts negotiated relative to the
operation or repair of the property.
(C) Payments made toward the repair of the premises.
(D) Progress of necessary repairs.
(E) Other payments made relative to the operation of the employee
housing.
(F) Amount of tenant relocation benefits paid.
(7) The receiver shall be discharged when the conditions cited in
the notice of violation have been remedied in accordance with the
court order or judgment and a complete accounting of all costs and
repairs has been delivered to the court. Upon removal of the
condition, the owner, the mortgagee, or any lienor of record may
apply for the discharge of all moneys not used by the receiver for
removal of the condition and all other costs authorized by this
section.
(8) The prevailing party in an action pursuant to this section
shall at the court's equitable discretion be entitled to reasonable
attorney's fees and court costs as may be fixed by the court.
(9) The county recorder may charge and collect fees for the
recording of all notices and other documents required by this section
pursuant to Article 5 (commencing with Section 27360) of Chapter 6
of Division 2 of Title 3 of the Government Code.
(10) Nothing in this section shall be construed to limit those
rights available to tenants and owners under any other provision of
the law.
(11) Nothing in this section shall be construed to deprive an
owner of substandard employee housing of all procedural due process
rights guaranteed by the California Constitution and the United
States Constitution, including, but not limited to, receipt of notice
of the violation claimed and an adequate and reasonable period of
time to comply with any orders that are issued by the enforcement
agency or the court.
(d) If the court finds that the employee housing is in a condition
that substantially endangers the health and safety of residents
pursuant to subdivision (a) of Section 17980.6, upon the entry of any
order or judgment, the court shall do all of the following:
(1) Order the owner to pay all reasonable and actual costs of the
enforcement agency including, but not limited to, inspection costs,
investigation costs, enforcement costs, attorney's fees or costs, and
all costs of prosecution.
(2) Order that the local enforcement agency shall provide the
tenants with notice of the court order or judgment.
(3) Order that, if the owner undertakes repairs or rehabilitation
as a result of being cited for a notice under this chapter, and if
the conditions of the premises or the repair or rehabilitation
thereof significantly affect the safe and sanitary use of the
premises by any lawful tenant, so that the tenant cannot safely
reside in the premises, then the owner shall provide or pay
relocation benefits to each lawful tenant as specified in subdivision
(b) of Section 17060.2. These benefits shall consist of actual
reasonable moving and storage costs and relocation compensation. The
actual moving and storage costs shall consist of all the following:
(A) Transportation of the tenant's personal property to the new
location. The new location shall be in close proximity to the
substandard premises, except where relocation to a new location
beyond a close proximity is determined by the court to be justified.
(B) Packing, crating, unpacking, and uncrating the tenant's
personal property.
(C) Insurance of the tenant's property while in transit.
(D) The reasonable replacement value of property lost, stolen, or
damaged (not through the fault or negligence of the displaced person,
his or her agent, or his or her employee) in the process of moving,
where insurance covering the loss, theft, or damage is not reasonably
available.
(E) The cost of disconnecting, dismantling, removing,
reassembling, reconnecting, and reinstalling machinery, equipment, or
other personal property of the tenant, including connection charges
imposed by utility companies for starting utility service.
(e) (1) The relocation compensation shall be an amount equal to
the differential between the contract rent and the fair market rental
value determined by the United States Department of Housing and
Urban Development for a unit of comparable size within the area for
the period that the unit is being repaired, not to exceed 120 days or
the duration that the camp is open, or the term of employment,
whichever is less.
(2) (A) If the court finds that a tenant has been substantially
responsible for causing or substantially contributing to the
substandard conditions, then the relocation benefits of this section
shall not be paid to this tenant. Each other tenant on the premises
who has been ordered to relocate due to the substandard conditions
and who is not substantially responsible for causing or contributing
to the conditions shall be paid these benefits and moving costs at
the time that he or she actually relocates.
(B) The court shall determine the date when the tenant is to
relocate, and order the tenant to notify the enforcement agency and
the owner of the address of the premises to which he or she has
relocated, within five days after the relocation.
(C) (i) The court shall order that the owner shall offer the first
right to occupancy of the premises to each tenant who received
benefits pursuant to paragraph (3) of subdivision (d), before letting
the unit for rent to a third party. The owner's offer on the first
right to occupancy to the tenant shall be in writing, and sent by
first-class certified mail to the address given by the tenant at the
time of relocation. If the owner has not been provided the tenant's
address by the tenant as prescribed by this section, the owner shall
not be required to provide notice under this section or offer the
tenant the right to return to occupancy.
(ii) The tenant shall notify the owner in writing that he or she
will occupy the unit. The notice shall be sent by first-class
certified mail no later than 10 days after the notice has been mailed
by the owner.
(D) The court shall order that failure to comply with any
abatement order under this chapter shall be punishable by civil
contempt penalties under Chapter 6 (commencing with Section 17995) of
Part 1.5, and any other penalties and fines as are available.
(f) The initiation of a proceeding or entry of a judgment pursuant
to this section or Section 17980.6 shall be deemed to be a
"proceeding" or "judgment" as provided by paragraph (4) or (5) of
subdivision (a) of Section 1942.5 of the Civil Code.
(g) The term "owner," for the purposes of this section, shall
include the owner, including any public entity that owns residential
real property, at the time of the initial notice or order and any
successor in interest who had actual or constructive knowledge of the
notice, order, or prosecution.
(h) The remedies authorized by this section shall be in addition
to those provided by any other law.
(i) Nothing in this section or in Section 17980.6 shall impair the
rights of an owner exercising his or her rights established pursuant
to Chapter 12.75 (commencing with Section 7060) of Division 7 of
Title 1 of the Government Code.
17062.5. All fines, civil penalties, and damages awarded pursuant
to this part shall be paid as provided in this section. The court
order shall direct payment of these moneys for the costs authorized
by subdivision (a) of Section 17062 or subdivision (d) of Section
17055. Thereafter, 50 percent of the balance of the total award shall
be paid to the agency, person, or entity to which subdivision (a) of
Section 17062 or subdivision (d) of Section 17055 is applicable. The
balance of the award, if at least one thousand dollars ($1,000) is
paid to that agency, person, or entity, shall be deposited in the
Farmworker Housing Grant Fund, created pursuant to Section 50517.5,
for expenditure by the department without further appropriation in a
manner consistent with the other requirements of Section 50517.5, for
any of the following purposes:
(a) Rental housing that serves lower and very low income
households, as defined in Sections 50079.5 and 50105, respectively,
who are agricultural employees.
(b) Rental dormitories for unaccompanied men or women who are
agricultural employees.
(c) Rehabilitation or replacement of existing employee housing for
seasonal use.
