State Codes and Statutes

Statutes > California > Hsc > 17980-17992

HEALTH AND SAFETY CODE
SECTION 17980-17992



17980.  (a) If any building is constructed, altered, converted, or
maintained in violation of any provision of, or in violation of any
order or notice that gives a reasonable time to correct that
violation issued by an enforcement agency pursuant to this part, the
building standards published in the California Building Standards
Code, or other rules and regulations adopted pursuant to this part,
or if a nuisance exists in any building or upon the lot on which it
is situated, the enforcement agency shall, after 30 days' notice to
abate the nuisance or violation, or a notice to abate with a shorter
period of time if deemed necessary by the enforcement agency to
prevent or remedy an immediate threat to the health and safety of the
public or occupants of the structure, institute any appropriate
action or proceeding to prevent, restrain, correct, or abate the
violation or nuisance.
   (b) (1) Whenever the enforcement agency has inspected or caused to
be inspected any building and has determined that the building is a
substandard building or a building described in Section 17920.10, the
enforcement agency shall commence proceedings to abate the violation
by repair, rehabilitation, vacation, or demolition of the building.
The enforcement agency shall not require the vacating of a
residential building unless it concurrently requires expeditious
demolition or repair to comply with this part, the building standards
published in the California Building Standards Code, or other rules
and regulations adopted pursuant to this part. The owner shall have
the choice of repairing or demolishing. However, if the owner chooses
to repair, the enforcement agency shall require that the building be
brought into compliance according to a reasonable and feasible
schedule for expeditious repair. The enforcement agency may require
vacation and demolition or may itself vacate the building, repair,
demolish, or institute any other appropriate action or proceeding, if
any of the following occur:
   (A) The repair work is not done within the period required by the
notice.
   (B) The owner does not make a timely choice of repair or
demolition.
   (C) The owner selects an option which cannot be completed within a
reasonable period of time, as determined by the enforcement agency,
for any reason, including, but not limited to, an outstanding
judicial or administrative order.
   (2) In deciding whether to require vacation of the building or to
repair as necessary, the enforcement agency shall give preference to
the repair of the building whenever it is economically feasible to do
so without having to repair more than 75 percent of the dwelling, as
determined by the enforcement agency, and shall give full
consideration to the needs for housing as expressed in the local
jurisdiction's housing element.
   (c) (1) Notwithstanding subdivision (b) and notwithstanding local
ordinances, tenants in a residential building shall be provided
copies of any of the following:
   (A) The notice of any violation described in subdivision (a) that
affects the health and safety of the occupants and that causes the
building to be substandard pursuant to Section 17920.3 or in
violation of Section 17920.10.
   (B) An order of the code enforcement agency issued after
inspection of the premises declaring the dwelling to be in violation
of any provision described in subdivision (a).
   (C) The enforcement agency's decision to repair or demolish.
   (D) The issuance of a building or demolition permit following the
abatement order of an enforcement agency.
   (2) Each document provided pursuant to paragraph (1) shall be
provided to each affected residential unit by the enforcement agency
that issued the order or notice, in the manner prescribed by
subdivision (a) of Section 17980.6.
   (d) All notices issued by the enforcement agency to correct
violations or to abate nuisances shall contain a provision notifying
the owner that, in accordance with Sections 17274 and 24436.5 of the
Revenue and Taxation Code, a tax deduction may not be allowed for
interest, taxes, depreciation, or amortization paid or incurred in
the taxable year. In addition, in Los Angeles County, the notice
shall contain a provision notifying the owner that within 10 days of
recordation of a notice of substandard conditions or similar
document, the owner is required to comply with Section 17997.
   (e) The enforcement agency may charge the owner of the building
for its postage or mileage cost for sending or posting the notices
required to be given by this section.


17980.1.  (a) If a building is identified by a city, city and
county, or county pursuant to Article 4 (commencing with Section
19160) of Chapter 2 of Part 3 of Division 13, or Section 8875.2 of
the Government Code as being potentially hazardous to life in the
event of an earthquake or is identified for any other reason to be
hazardous to life in the event of an earthquake, or is identified as
being in a condition that substantially endangers the health and
safety of residents pursuant to Section 17980.6, an order requiring
the building to be retrofitted to local seismic building standards or
repaired so as not to violate any law, regulation, or ordinance
applicable to the maintenance and use of the building, may be
executed by the enforcement agency or its agents or contractors if
all of the following conditions are satisfied:
   (1) The hazardous condition is of a nature that would endanger the
immediate health and safety of residents or the public in the event
of an earthquake.
   (2) The extent and nature of a hazardous condition related to
seismic safety is such that it could be corrected with the
application of current technology.
   (3) Any abatement order of the enforcement agency is not complied
with or not so far complied with as the enforcement agency may regard
as reasonable, within the time therein designated.
   (b) If the owner does not comply with the abatement order within a
reasonable time after issuance of the order, the enforcement agency
may, as an alternative to any other remedy permitted under law, seek
the remedy provided by this section if the court finds the owner in
violation of the abatement order and finds that the abatement order
was issued in order to correct a hazardous condition which would
endanger the immediate health and safety of residents or the public
in the event of an earthquake or because of any violation of this
part.
   (c) After serving notice upon the owner not less than 48 hours
prior to the filing of the application in accordance with the
procedures for notice specified by this subdivision, the enforcement
agency, in accordance with this section, Sections 17980.1 to 17980.3,
inclusive, and Chapter 5 (commencing with Section 564) of Title 7 of
Part 2 of the Code of Civil Procedure, may thereafter apply to the
superior court in the county where the property is situated by
petition for an order directing the owner and any mortgagees or
lienors of record to show cause why an individual or group as
proposed by the enforcement agency should not be appointed as a
receiver, and why the receiver should not remove or remedy the
condition and obtain a lien, as provided in Section 17980.2, in favor
of the enforcement agency against the property, with the lien having
the priority as specified in subdivision (b) of Section 17980.2, to
secure repayment of the costs incurred by the receiver in removing or
remedying the condition. The application shall contain all of the
following:
   (1) Proof by affidavit that an abatement order of the enforcement
agency has been issued and served on the owner, mortgagees, and
lienors in accordance with this section, and that the notice
containing the same particulars as are required in the abatement
order, including the work to be done, has been filed in the office of
the county recorder in which mechanic's liens affecting the property
would be filed.
   (2) A statement that the abatement order has not been complied
with or not so far complied with as the enforcement agency may regard
as reasonable within the time period therein designated.
   (3) A statement that a condition that constitutes a serious hazard
and is a serious threat to life, health, or safety continues to
exist upon the property, and a description of the property and the
factors constituting the unsafe condition.
   (4) A plan describing how the receiver shall perform the required
work, and how rents, issues, and profits shall be collected and
distributed among the owner, mortgagee, lienor, and enforcement
agency or receiver, and including an estimate as to the costs of the
required work, the approximate time when the repairs will be
completed, a statement as to whether a displacement of any occupant
is required, and provisions regarding assistance for displaced
occupants.
   (d) The order to show cause shall be returnable not less than five
days after service is completed and shall provide for personal
service of a copy thereof and the papers on which it is based on the
owners and mortgagees of record and lienors. Alternative service may
be made upon the owner by posting upon the property and thereafter
mailing to the owner at the last known address, and upon the
mortgagee or lienor by mailing to the address set forth in the
recorded mortgage or lien and by publication in a newspaper of
general circulation in the county where the premises are located. The
service shall be completed on filing proof of service thereof in the
office of the county clerk.
   (e) On the return of the order to show cause, the proceeding
regarding that order shall have precedence over every other business
of the court, unless the court finds that some other pending
proceeding, having a similar statutory precedence, shall have
priority. If the court finds good cause therefor, and finds that the
cost of repairs, when added to any valid encumbrances on the
building, shall not exceed the projected value of the building when
repaired, then the court shall appoint a receiver named in the
application or another person deemed appropriate, in accordance with
this section and Section 17980.2. However, prior to the appointment
of a receiver, if the owner or any mortgagee or lienor or other
person having an interest in the property applies to the court to be
permitted to remove or remedy the conditions, and demonstrates the
ability promptly to undertake the work required, and posts security
for the performance thereof within the time, and in the amount and
manner deemed necessary by the court, then the court may, in lieu of
appointing the receiver, issue an order permitting that person to
perform the work within a time fixed by the court.
   (f) If the conditions have not been satisfactorily remedied or
removed within the time fixed in the abatement order, then the court
shall appoint a receiver. If, after granting a court order permitting
a person to perform the work, but before the time fixed by the court
for the completion thereof, it appears to the enforcement agency
that the person permitted to do the work is not proceeding in a
timely fashion, the enforcement agency may petition the court for a
hearing to determine whether a receiver should be appointed
immediately. On the failure of the owner, mortgagee, lienor, or other
person having an interest in the property to complete the work in
accordance with the provisions of the order, the costs of the
receiver thereafter appointed in removing or remedying the condition,
and for other charges herein provided for, shall be reimbursed,
paid, or made subject to a lien pursuant to Section 17980.2, or any
combination of these.
   (g) Upon the appointment of a receiver by the court, which shall
include the posting of a bond by the receiver, pursuant to
subdivision (b) of Section 567 of the Code of Civil Procedure, a copy
of the order making the appointment, authenticated by a certificate
of the clerk of the court and particularly describing the property
which is subject to the receivership, shall be recorded in each
county in which any portion of the land is located. However, if the
court determines that the receiver will be acting under the general
direction of the enforcement agency, the receiver may be deemed a
public officer pursuant to Section 995.220 of the Code of Civil
Procedure.
   (h) In addition to the powers specifically requested by the
enforcement agency for the receiver, the receiver shall be authorized
to employ attorneys, accountants, contractors, architects,
engineers, and other clerical and professional personnel to assist
the receiver in the performance of these duties and responsibilities.
   (i) Notwithstanding Section 6103 or 27383 of the Government Code,
a county clerk or county recorder, or clerk of the court may charge a
fee to any party, including a public agency, for the cost, incurred
pursuant to this section, of filing, recording, or authentication of
documents at the request of that party.



17980.2.  (a) If the enforcement agency, in accordance with Section
17980.1, shall desire that the receiver obtain a lien for costs
incurred in connection therewith in favor of the enforcement agency,
the enforcement agency, within five days after the service of the
abatement order upon the owner, shall serve a copy of the abatement
order upon the lienor and mortgagee of record personally or by
registered mail, return receipt requested, at the address set forth
in the recorded mortgage or lien. A notice addressed to the mortgagee
and lienor shall be appended to the copy of the abatement order,
stating that in the event the unsafe conditions are not removed or
remedied in the manner and within the time specified in the abatement
order, the enforcement agency may apply to the superior court for an
order to show cause why a receiver shall not be appointed.
   (b) The enforcement agency or a receiver appointed pursuant to
this section and Section 17980.1 may record a lien against the real
property on which the building is located for the expenses
necessarily incurred in the execution of the abatement order, for
work done in carrying out the abatement order, and for the costs
incurred by the county recorder in recording the lien.
Notwithstanding Section 6103 or 27383 of the Government Code, the
county recorder may charge a fee to any party for the cost, incurred
pursuant to this section, of recording the lien at the request of
that party. Liens authorized by this subdivision shall specify the
amount of the lien, the name of the agency or agencies on whose
behalf the lien is imposed, the date of the abatement order or the
order of the court which required the work to be done, the name of
the receiver, if any, appointed pursuant to Section 17980.1, and the
legal description assessor's parcel number, and the record owner of
the real property. The lien shall be recorded in the office of the
county recorder of any county in which all or any portion of the real
property is located, and from the date of recording shall have the
force, effect, and priority of a judgment lien. The enforcement
agency may defer payment of the lien until the property is sold or
the enforcement agency may require that the lien be paid in
installments. The amount of the lien authorized by this subdivision
shall in no event exceed the reasonable costs of repair, as
determined pursuant to Section 17980.3. Nothing in this section or in
Section 17980.3 shall authorize the forced sale of the property to
secure payment of the judgment lien.
   (c) Whenever the enforcement agency has incurred expense for which
payment is due under this section, Section 17980.3, or 17980.4, the
enforcement agency may institute and maintain a suit against the
owner of the building, and may recover the amount of that expense. In
any case where expenditures have been made, or obligations incurred,
by a receiver pursuant to Section 17980.3, and these are not paid or
reimbursed from rents and income of the building, the receiver may
institute and maintain a suit against the owner to recover the
deficiency. Upon the awarding of a money judgment in any action
authorized by this section, until the same is paid or discharged, the
judgment shall be a lien like other judgments, pursuant to Chapter 2
(commencing with Section 697.010) of Division 2 of Title 9 of Part 2
of the Code of Civil Procedure.
   (d) Unless, within six months after actual notice, proceedings to
discharge the lien are undertaken by the party against whom, or
against whose premises, a lien is claimed, the filing shall, as to
all persons having actual notice, become conclusive evidence that the
amount claimed in the lien, with interest, is due, and is a just
lien upon the premises.
   (e) Where there is more than one owner, except as the owners may
have otherwise mutually agreed, any owner who removes or remedies the
unsafe condition shall be entitled to recover a proportionate share
of the total expense of the compliance from all other owners to whom
the abatement order was issued.



17980.3.  (a) Any receiver appointed pursuant to this section shall
have all of the powers and duties conferred by this section, and
Sections 17980.1 and 17980.2, and shall have the powers and duties of
a receiver appointed in an action to foreclose a mortgage on real
property, as provided in Chapter 5 (commencing with Section 564) of
Title 7 of Part 2 of the Code of Civil Procedure. The receiver, with
all reasonable speed, shall remedy the unsafe condition and remove
all the delinquent matters and deficiencies in the building, as
specified in the abatement order. Unless otherwise ordered by the
court, the receiver shall have the power to let contracts therefor or
incur expenses in accordance with the provisions of local laws,
ordinances, rules, or regulations applicable to contracts for public
works.
   (b) If the conditions of the premises and repairs thereto
significantly interfere with the peaceful enjoyment or safe and
sanitary use of the premises by any tenant, the receiver shall
arrange for comparable temporary housing which is decent, safe, and
sanitary for each tenant required to be relocated. The receiver shall
pay relocation costs to each tenant as provided in Section 7262 of
the Government Code. The costs shall be limited to the time that the
premises are being repaired. The receiver shall mail to the owner and
tenants at least 30 days prior to completion of the repairs a notice
that the unit will be available for occupancy. The tenant shall have
14 days from the date the receiver's notification was mailed to
notify the landlord of his or her intent to reoccupy the dwelling
unit. The tenant shall have seven days to reoccupy the unit once the
unit is deemed habitable. Failure of the tenant to notify the owner
and receiver of the tenant's intent to reoccupy the unit shall
extinguish this right to reoccupy.
   (c) The receiver shall be entitled to the same fees, commissions,
and necessary expenses as receivers in actions to foreclose
mortgages. These fees and commissions shall be paid into any fund
created pursuant to Section 17980.5. The receiver shall be liable
only in the receiver's official capacity for injury to person and
property by reason of conditions of the premises in a case where an
owner would have been liable. The receiver shall not be liable in the
receiver's personal capacity. Upon the request of the receiver, the
enforcement agency or the department, or both, shall make their
personnel and facilities available to the receiver for the purpose of
carrying out the receiver's duties as the receiver, and the cost of
these services shall be deemed a necessary expense of the receiver.
   (d) The receiver shall be discharged upon rendering a full and
complete accounting to the court when the condition has been removed
and the cost thereof and all other costs authorized by this section
have been paid, reimbursed, or made subject to a lien pursuant to
subdivision (b) of Section 17980.2, or any combination of these. Upon
the removal of the condition, the owner, the mortgagee, or any
lienor may apply for the discharge of the receiver of all moneys not
expended by the receiver for removal of the condition and all other
costs authorized by this section.



17980.4.  (a) Whenever the enforcement agency sues for the expenses
involved in the execution of any order, it may join in the same suit
and claim any civil remedy for the violation of any provisions of
this chapter. Joint or several judgments may be had against one or
more of the defendants in the suit, as they or any of them may be
liable in respect of all or any of these claims. The expenses of
executing the order, and any judgment in any abatement suit provided
for in this chapter, and the several judgments that may be recovered
for any of these expenses and judgments, until the same are paid or
discharged, shall be a lien like other judgments, pursuant to Chapter
2 (commencing with Section 697.010) of Division 2 of Title 9 of Part
2 of the Code of Civil Procedure.
   (b) Nothing in this section or in Sections 17980.1 to 17980.3,
inclusive, shall be deemed to relieve the owner of any civil or
criminal liability incurred or any duty imposed by reason of acts or
omissions of the owner prior to the appointment of any receiver, nor
shall anything contained to those sections be construed to suspend
during the receivership any obligation of the owner for the payment
of taxes or operating and maintenance expenses of the dwelling or any
obligation of the owner or any other person for the payment of
mortgages or liens. The remedies pursuant to this section or Sections
17980.1 to 17980.3, inclusive, shall be in addition to any other
remedies provided by law.



17980.5.  The local enforcement agency may establish and maintain a
special fund for the purpose of implementing Sections 17980.1 to
17980.4, inclusive.


17980.6.  If any building is maintained in a manner that violates
any provisions of this part, the building standards published in the
State Building Standards Code relating to the provisions of this
part, any other rule or regulation adopted pursuant to the provisions
of this part, or any provision in a local ordinance that is similar
to a provision in this part, and the violations are so extensive and
of such a nature that the health and safety of residents or the
public is substantially endangered, the enforcement agency may issue
an order or notice to repair or abate pursuant to this part. Any
order or notice pursuant to this subdivision shall be provided either
by both posting a copy of the order or notice in a conspicuous place
on the property and by first-class mail to each affected residential
unit, or by posting a copy of the order or notice in a conspicuous
place on the property and in a prominent place on each affected
residential unit. The order or notice shall include, but is not
limited to, all of the following:
   (a) The name, address, and telephone number of the agency that
issued the notice or order.
   (b) The date, time, and location of any public hearing or
proceeding concerning the order or notice.
   (c) Information that the lessor cannot retaliate against a lessee
pursuant to Section 1942.5 of the Civil Code.



17980.7.  If the owner fails to comply within a reasonable time with
the terms of the order or notice issued pursuant to Section 17980.6,
the following provisions shall apply:
   (a) The enforcement agency may seek and the court may order
imposition of the penalties provided for under Chapter 6 (commencing
with Section 17995).
   (b) (1) The enforcement agency may seek and the court may order
the owner to not claim any deduction with respect to state taxes for
interest, taxes, expenses, depreciation, or amortization paid or
incurred with respect to the cited structure, in the taxable year of
the initial order or notice, in lieu of the enforcement agency
processing a violation in accordance with Sections 17274 and 24436.5
of the Revenue and Taxation Code.
   (2) If the owner fails to comply with the terms of the order or
notice to correct the condition that caused the violation pursuant to
Section 17980.6, the court may order the owner to not claim these
tax benefits for the following year.
   (c) The enforcement agency, tenant, or tenant association or
organization may seek and the court may order, the appointment of a
receiver for the substandard building pursuant to this subdivision.
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 three 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 building exists.
   (1) 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.
   (2) The court shall not appoint any person as a receiver unless
the person has demonstrated to the court his or her capacity and
expertise to develop and supervise a viable financial and
construction plan for the satisfactory rehabilitation of the
building. A court may appoint as a receiver a nonprofit organization
or community development corporation. In addition to the duties and
powers that may be granted pursuant to this section, the nonprofit
organization or community development corporation may also apply for
grants to assist in the rehabilitation of the building.
   (3) If a receiver is appointed, the owner and his or her agent of
the substandard building shall be enjoined from collecting rents from
the tenants, interfering with the receiver in the operation of the
substandard building, and encumbering or transferring the substandard
building or real property upon which the building is situated.
   (4) 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 property.
   (B) To manage the substandard building and pay expenses of the
operation of the substandard building and real property upon which
the building is located, including taxes, insurance, utilities,
general maintenance, and debt secured by an interest in the real
property.
   (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 building.
   (F) To use all rents and income from the substandard building 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 (6) and, with
court approval, secure that debt and any moneys owed to the receiver
for services performed pursuant to this section with a lien on the
real property upon which the substandard building is located. The
lien shall be recorded in the county recorder's office in the county
within which the building is located.
   (H) To exercise the powers granted to receivers under Section 568
of the Code of Civil Procedure.
   (5) The receiver shall be entitled to the same fees, commissions,
and necessary expenses as receivers in actions to foreclose
mortgages.
   (6) If the conditions of the premises or the repair or
rehabilitation thereof significantly affect the safe and sanitary use
of the substandard building 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 subparagraph (A)
of paragraph (3) of subdivision (d).
   (7) The relocation compensation provided for in this section shall
not preempt any local ordinance that provides for greater relocation
assistance.
   (8) 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 payments 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 building.
   (F) Amount of tenant relocation benefits paid.
   (9) 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.
   (10) After discharging the receiver, the court may retain
jurisdiction for a time period not to exceed 18 consecutive months,
and require the owner and the enforcement agency responsible for
enforcing Section 17980 to report to the court in accordance with a
schedule determined by the court.
   (11) The prevailing party in an action pursuant to this section
shall be entitled to reasonable attorney's fees and court costs as
may be fixed by the court.
   (12) 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.
   (13) Nothing in this section shall be construed to limit those
rights available to tenants and owners under any other provision of
the law.
   (14) Nothing in this section shall be construed to deprive an
owner of a substandard building 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 which are issued by the enforcement agency or
the court.
   (d) If the court finds that a building is in a condition which
substantially endangers the health and safety of residents pursuant
to 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 fees or costs, and
all costs of prosecution.
   (2) Order that the local enforcement agency shall provide the
tenant with notice of the court order or judgment.
   (3) (A) 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. These benefits shall
consist of actual reasonable moving and storage costs and relocation
compensation. The actual moving and storage costs shall consist of
all of the following:
   (i) 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.
   (ii) Packing, crating, unpacking, and uncrating the tenant's
personal property.
   (iii) Insurance of the tenant's property while in transit.
   (iv) 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 employee) in the process of moving, where
insurance covering the loss, theft, or damage is not reasonably
available.
   (v) 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.
   (B)(i) The relocation compensation shall be an amount equal to the
differential between the contract rent and the fair market rental
value determined by the federal 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.
   (ii) 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.
   (4) 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.
   (5) (A) Order that the owner shall offer the first right to
occupancy of the premises to each tenant who received benefits
pursuant to subparagraph (A) of paragraph (3), 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.
   (B) 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.
   (6) 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), and any other penalties
and fines as are available.
   (e) 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.
   (f) 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.
   (g) These remedies shall be in addition to those provided by any
other law.
   (h) 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.



17980.8.  Notwithstanding any other provision of law, if a
determination that an unsafe or substandard condition exists in any
building, or upon the lot upon which it is situated, has been made in
an administrative proceeding conducted under this part, including
any code incorporated by Section 17922, the enforcement agency may
abate the nuisance as provided in this part or exercise any other
authority conferred upon it by this part, subject only to the
exclusive remedy of the owner to challenge the administrative
determination pursuant to Section 1094. 5 of the Code of Civil
Procedure. The court may exercise its independent judgment on the
evidence to determine whether the findings are supported by the
weight of the evidence. This section shall apply only to
administrative proceedings commenced on or after January 1, 1990.



17980.9.  Notwithstanding Section 17980, whenever the enforcement
agency inspects any vacant single-family dwelling within the City of
Los Angeles or the City of San Diego pursuant to this chapter, all of
the following shall apply:
   (a) If a nuisance exists in any vacant single-family dwelling or
upon the lot on which it is situated, the enforcement agency shall,
after 15 days' notice to abate the nuisance, institute any
appropriate action or proceeding to prevent, restrain, correct, or
abate the nuisance.
   (b) (1) Whenever the enforcement agency has inspected or caused to
be inspected any vacant single-family dwelling and has determined
that the building is a substandard dwelling, the enforcement agency
shall, after giving 15 days' notice to the owner, commence
proceedings to abate the violation by repair, rehabilitation, or
demolition of the building. The owner shall have the choice of
repairing or demolishing. However, if the owner chooses to repair,
the enforcement agency shall require that the building be brought
into compliance according to a reasonable and feasible schedule for
expeditious repair. The enforcement agency may require demolition or
may itself repair, demolish, or institute any other appropriate
action or proceeding, if any of the following occur:
   (A) The repair work is not done as scheduled.
   (B) The owner does not make a timely choice of repair or
demolition.
   (C) The owner selects an option that cannot be completed within a
reasonable period of time, as determined by the department, for any
reason, including, but not limited to, an outstanding judicial or
administrative order.
   (2) In deciding whether to repair as necessary, the enforcement
agency shall give preference to the repair of the building whenever
it is economically feasible to do so without having to repair more
than 50 percent of the dwelling, as determined by the enforcement
agency, and shall give full consideration to the needs for housing as
expressed in the local jurisdiction's housing element.
   (c) All notices issued by the enforcement agency to correct
violations or to abate nuisances shall contain a provision notifying
the owner that, in accordance with Sections 17274 and 24436.5 of the
Revenue and Taxation Code, a tax deduction may not be allowed for
interest, taxes, depreciation, or amortization paid or incurred in
the taxable year.
   (d) The enforcement agency may charge the owner of the building
for its postage or mileage cost for sending or posting the notices
required to be given by this section.


17980.10.  (a) An enforcement agency that properly declares any
dwelling a nuisance and, using the notice requirements and procedures
specified in Subchapter 1 (commencing with Section 1) of Chapter 1
of Part 1 of Title 25 of the California Code of Regulations, confirms
the declaration by resolution of its governing board shall be deemed
to have acquired jurisdiction to abate the nuisance by repairing or
causing to have repairs made to the property, by razing or removing
the dwelling or in any other way causing the nuisance to be abated.
   (b) The enforcement agency shall keep an itemized account of all
of the expenses involved in abating the nuisance, including the
razing or removing of the dwelling. The enforcement agency shall
cause to be posted conspicuously on the property where the nuisance
was abated, repairs were made, or where the dwelling was razed or
removed, an expense statement. This statement shall be verified by
the officer of the enforcement agency in charge of doing the work,
showing the reasonable gross and net expense of the abatement actions
taken by the agency, including the expense of inspections; repairs,
if any; the cost of the razing or removing of the building, if
applicable; and any other costs of abatement, together with a notice
of the time and place when and where the statement shall be submitted
to the governing board of the enforcement agency for approval and
confirmation. In addition to being posted on the property, this
statement shall be sent by certified mail to each owner and other
interested party, as specified in Subchapter 1 (commencing with
Section 1) of Chapter 1 of Part 1 of Title 25 of the California Code
of Regulations.
   (c) At the meeting noticed pursuant to subdivision (b), the
governing board shall consider any objections or protests, if any,
that may be raised by the property owner liable to be assessed for
the cost of the work, or by any other interested persons. If the
governing board confirms the statement of costs of abatement, those
costs shall be the obligation of each owner of the property to pay to
the public entity that has incurred them.
   (d) Notwithstanding any other provision of law, any hearing
required under this section shall be conducted in accordance with
requirements adopted by the enforcement agency that are in
substantial compliance with those contained in Chapter 13 (commencing
with Section 1301), or the successor provisions to that chapter, of
the most recent edition of the Uniform Housing Code of the
International Conference of Building Officials or as specified in
Subchapter 1 (commencing with Section 1) of Chapter 1 of Part 1 of
Title 25 of the California Code of Regulations.



17980.11.  If an enforcement agency has recorded with a county
recorder any notice of substandard or untenantable conditions issued
pursuant to this part for a residential structure, and if the
enforcement agency anticipates that it will pursue the remedies
provided by subdivision (b) of Section 17980.7 or subdivision (c) of
Section 17980.9, or Section 17274 or 22436.5 of the Revenue and
Taxation Code, it may require the private owner of that structure,
within 10 days of recordation, to submit to the enforcement agency
the following information:
   (a) If the property owner is an individual, the name, address,
driver's license number or identification card number, social
security number or tax identification number, and any other
information deemed necessary by the enforcement agency to file the
documents necessary to utilize Section 17274 of the Revenue and
Taxation Code.
   (b) If the property owner is a corporation, trust, real estate
trust, or any other entity whose taxes are subject to Part 11
(commencing with Section 23001) of the Revenue and Taxation Code, the
name, address, tax identification number, and any other information
deemed necessary by the enforcement agency to file the documents
necessary to utilize Section 22436.5 of the Revenue and Taxation
Code.
   (c) If the property owner is a limited liability company,
partnership, limited partnership, trust, or real estate investment
trust, or any other entity which has owners, partners, members, or
investors whose state taxes are subject to Part 10 (commencing with
Section 17001) of the Revenue and Taxation Code and whose income,
deductions, or tax credits are subject to any change because of
interest payments, taxes, depreciation, or amortization related to
the substandard housing, the name, address, driver's license number
or identification card number, social security number or tax
identification number, and any other information deemed necessary by
the enforcement agency to file the documents necessary to utilize
Section 17274 of the Revenue and Taxation Code.



17981.  An enforcement agency which institutes any action or
proceeding pursuant to this article may, 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.



17982.  If any notice or order issued by an enforcement agency is
not complied with within a reasonable time as specified in such
notice or order the enforcement agency may apply to the superior
court for an order authorizing it to remove any violation or abate
any nuisance specified in the notice or order.



17983.  The superior court may make any order for which application
is made pursuant to this article.



17984.  Neither an enforcement agency, any of its officers, nor any
city or county for which an enforcement agency may act, is liable for
costs in any action or proceeding that the enforcement agency may
commence pursuant to this article.


17985.  (a) Any enforcement agency which institutes an action or
proceeding pursuant to this article shall record a notice of the
pendency of the action or proceeding in the county recorder's office
of the county where the property affected by the action or proceeding
is situated. The enforcement agency may charge the property owner
for any cost involved in recording the notice. The enforcement agency
shall reimburse the owner for any amount charged if the case is
dismissed or if the defendant is found innocent. The notice shall be
recorded at the time of the commencement of the action or proceeding.
It has the same effect as the notice of pendency of action provided
for in the Code of Civil Procedure.
   (b) The enforcement agency shall record a notice of final
disposition of any action or proceeding in the county recorder's
office where the property affected by the action or proceeding was
recorded immediately following final resolution of the action or
proceeding.



17986.  The county recorder with whom a notice of pendency of action
or proceeding is filed shall record and index it in the name of each
person to be specified in a direction subscribed by an officer of
the enforcement agency instituting the action or proceeding.



17987.  Any notice of pendency of action or proceeding may be
vacated upon the order of a judge of the court in which the action or
proceeding is pending. A certified copy of the order of vacation may
be recorded in the office of the recorder of the county where the
notice of pendency of action is recorded.



17988.  In any action or proceeding brought pursuant to this
article, service of summons is sufficient if served in the manner
provided in the Code of Civil Procedure.



17989.  Except under conditions immediately affecting health or
safety, every notice or order issued pursuant to this part shall be
served five days before the time for doing or refraining from doing
the thing to which it pertains.


17990.  The time to file a written pleading in response to a summons
in an action brought pursuant to this article is 10 days.



17991.  (a) The sale or other transfer of property to a third party
shall not render moot an administrative or judicial action or
proceeding pursuant to this article, including an action under
Section 17982, instituted by an enforcement agency, or a receiver on
behalf of an enforcement agency, against the owner of record on the
date a citation for, or other notice of, a violation of this part was
issued.
   (b) In the event of any sale or other transfer of property to a
third party during the period between the issuance of the notice of
violation and the abatement of the violation, or any administrative
or judicial actions related thereto, within five days after the sale
or transfer occurs, the transferor shall record a Notice of
Conveyance of Substandard Property with the county recorder where the
property is located, identifying the name and address of the buyer
or transferee and executed with a signature that the information is
true and correct, under penalty of perjury.
   (c) In the event of any sale of other transfer of property to a
third party during the period between the issuance of the notice of
violation and the abatement of the violation, or any administrative
or judicial actions related thereto, the transferor shall provide all
of the following information to the enforcement agency within five
days after the sale or transfer occurs:
   (1) If the seller or transferor is not an individual person, the
name, address, and driver's license number or identification card
number of each individual who has an interest in excess of 5 percent
in the entity which is selling or transferring the property.
   (2) If the buyer or transferee is an individual person, the name,
address, and driver's license number or identification number of that
individual.
   (3) If the buyer or transferee is not an individual person, the
name, address, and driver's license number or identification card
number of each individual who has an interest in excess of 5 percent
in the entity that is the buyer or transferee of the property.



17992.  Any person who obtains an ownership interest in any property
after a notice of pendency of an action or proceeding was recorded
with respect to the property pursuant to Section 17985 or any other
notice of a violation of this part was recorded with the county
recorder of the county in which the property is located, and where
there has been no withdrawal or expungement of the notice, shall be
subject to any order to correct a violation, including time
limitations, specified in a citation issued pursuant to Sections
17980 and 17981 or any other notice of a violation of this part that
was recorded with the county recorder of the county in which the
property is located.

State Codes and Statutes

Statutes > California > Hsc > 17980-17992

HEALTH AND SAFETY CODE
SECTION 17980-17992



17980.  (a) If any building is constructed, altered, converted, or
maintained in violation of any provision of, or in violation of any
order or notice that gives a reasonable time to correct that
violation issued by an enforcement agency pursuant to this part, the
building standards published in the California Building Standards
Code, or other rules and regulations adopted pursuant to this part,
or if a nuisance exists in any building or upon the lot on which it
is situated, the enforcement agency shall, after 30 days' notice to
abate the nuisance or violation, or a notice to abate with a shorter
period of time if deemed necessary by the enforcement agency to
prevent or remedy an immediate threat to the health and safety of the
public or occupants of the structure, institute any appropriate
action or proceeding to prevent, restrain, correct, or abate the
violation or nuisance.
   (b) (1) Whenever the enforcement agency has inspected or caused to
be inspected any building and has determined that the building is a
substandard building or a building described in Section 17920.10, the
enforcement agency shall commence proceedings to abate the violation
by repair, rehabilitation, vacation, or demolition of the building.
The enforcement agency shall not require the vacating of a
residential building unless it concurrently requires expeditious
demolition or repair to comply with this part, the building standards
published in the California Building Standards Code, or other rules
and regulations adopted pursuant to this part. The owner shall have
the choice of repairing or demolishing. However, if the owner chooses
to repair, the enforcement agency shall require that the building be
brought into compliance according to a reasonable and feasible
schedule for expeditious repair. The enforcement agency may require
vacation and demolition or may itself vacate the building, repair,
demolish, or institute any other appropriate action or proceeding, if
any of the following occur:
   (A) The repair work is not done within the period required by the
notice.
   (B) The owner does not make a timely choice of repair or
demolition.
   (C) The owner selects an option which cannot be completed within a
reasonable period of time, as determined by the enforcement agency,
for any reason, including, but not limited to, an outstanding
judicial or administrative order.
   (2) In deciding whether to require vacation of the building or to
repair as necessary, the enforcement agency shall give preference to
the repair of the building whenever it is economically feasible to do
so without having to repair more than 75 percent of the dwelling, as
determined by the enforcement agency, and shall give full
consideration to the needs for housing as expressed in the local
jurisdiction's housing element.
   (c) (1) Notwithstanding subdivision (b) and notwithstanding local
ordinances, tenants in a residential building shall be provided
copies of any of the following:
   (A) The notice of any violation described in subdivision (a) that
affects the health and safety of the occupants and that causes the
building to be substandard pursuant to Section 17920.3 or in
violation of Section 17920.10.
   (B) An order of the code enforcement agency issued after
inspection of the premises declaring the dwelling to be in violation
of any provision described in subdivision (a).
   (C) The enforcement agency's decision to repair or demolish.
   (D) The issuance of a building or demolition permit following the
abatement order of an enforcement agency.
   (2) Each document provided pursuant to paragraph (1) shall be
provided to each affected residential unit by the enforcement agency
that issued the order or notice, in the manner prescribed by
subdivision (a) of Section 17980.6.
   (d) All notices issued by the enforcement agency to correct
violations or to abate nuisances shall contain a provision notifying
the owner that, in accordance with Sections 17274 and 24436.5 of the
Revenue and Taxation Code, a tax deduction may not be allowed for
interest, taxes, depreciation, or amortization paid or incurred in
the taxable year. In addition, in Los Angeles County, the notice
shall contain a provision notifying the owner that within 10 days of
recordation of a notice of substandard conditions or similar
document, the owner is required to comply with Section 17997.
   (e) The enforcement agency may charge the owner of the building
for its postage or mileage cost for sending or posting the notices
required to be given by this section.


17980.1.  (a) If a building is identified by a city, city and
county, or county pursuant to Article 4 (commencing with Section
19160) of Chapter 2 of Part 3 of Division 13, or Section 8875.2 of
the Government Code as being potentially hazardous to life in the
event of an earthquake or is identified for any other reason to be
hazardous to life in the event of an earthquake, or is identified as
being in a condition that substantially endangers the health and
safety of residents pursuant to Section 17980.6, an order requiring
the building to be retrofitted to local seismic building standards or
repaired so as not to violate any law, regulation, or ordinance
applicable to the maintenance and use of the building, may be
executed by the enforcement agency or its agents or contractors if
all of the following conditions are satisfied:
   (1) The hazardous condition is of a nature that would endanger the
immediate health and safety of residents or the public in the event
of an earthquake.
   (2) The extent and nature of a hazardous condition related to
seismic safety is such that it could be corrected with the
application of current technology.
   (3) Any abatement order of the enforcement agency is not complied
with or not so far complied with as the enforcement agency may regard
as reasonable, within the time therein designated.
   (b) If the owner does not comply with the abatement order within a
reasonable time after issuance of the order, the enforcement agency
may, as an alternative to any other remedy permitted under law, seek
the remedy provided by this section if the court finds the owner in
violation of the abatement order and finds that the abatement order
was issued in order to correct a hazardous condition which would
endanger the immediate health and safety of residents or the public
in the event of an earthquake or because of any violation of this
part.
   (c) After serving notice upon the owner not less than 48 hours
prior to the filing of the application in accordance with the
procedures for notice specified by this subdivision, the enforcement
agency, in accordance with this section, Sections 17980.1 to 17980.3,
inclusive, and Chapter 5 (commencing with Section 564) of Title 7 of
Part 2 of the Code of Civil Procedure, may thereafter apply to the
superior court in the county where the property is situated by
petition for an order directing the owner and any mortgagees or
lienors of record to show cause why an individual or group as
proposed by the enforcement agency should not be appointed as a
receiver, and why the receiver should not remove or remedy the
condition and obtain a lien, as provided in Section 17980.2, in favor
of the enforcement agency against the property, with the lien having
the priority as specified in subdivision (b) of Section 17980.2, to
secure repayment of the costs incurred by the receiver in removing or
remedying the condition. The application shall contain all of the
following:
   (1) Proof by affidavit that an abatement order of the enforcement
agency has been issued and served on the owner, mortgagees, and
lienors in accordance with this section, and that the notice
containing the same particulars as are required in the abatement
order, including the work to be done, has been filed in the office of
the county recorder in which mechanic's liens affecting the property
would be filed.
   (2) A statement that the abatement order has not been complied
with or not so far complied with as the enforcement agency may regard
as reasonable within the time period therein designated.
   (3) A statement that a condition that constitutes a serious hazard
and is a serious threat to life, health, or safety continues to
exist upon the property, and a description of the property and the
factors constituting the unsafe condition.
   (4) A plan describing how the receiver shall perform the required
work, and how rents, issues, and profits shall be collected and
distributed among the owner, mortgagee, lienor, and enforcement
agency or receiver, and including an estimate as to the costs of the
required work, the approximate time when the repairs will be
completed, a statement as to whether a displacement of any occupant
is required, and provisions regarding assistance for displaced
occupants.
   (d) The order to show cause shall be returnable not less than five
days after service is completed and shall provide for personal
service of a copy thereof and the papers on which it is based on the
owners and mortgagees of record and lienors. Alternative service may
be made upon the owner by posting upon the property and thereafter
mailing to the owner at the last known address, and upon the
mortgagee or lienor by mailing to the address set forth in the
recorded mortgage or lien and by publication in a newspaper of
general circulation in the county where the premises are located. The
service shall be completed on filing proof of service thereof in the
office of the county clerk.
   (e) On the return of the order to show cause, the proceeding
regarding that order shall have precedence over every other business
of the court, unless the court finds that some other pending
proceeding, having a similar statutory precedence, shall have
priority. If the court finds good cause therefor, and finds that the
cost of repairs, when added to any valid encumbrances on the
building, shall not exceed the projected value of the building when
repaired, then the court shall appoint a receiver named in the
application or another person deemed appropriate, in accordance with
this section and Section 17980.2. However, prior to the appointment
of a receiver, if the owner or any mortgagee or lienor or other
person having an interest in the property applies to the court to be
permitted to remove or remedy the conditions, and demonstrates the
ability promptly to undertake the work required, and posts security
for the performance thereof within the time, and in the amount and
manner deemed necessary by the court, then the court may, in lieu of
appointing the receiver, issue an order permitting that person to
perform the work within a time fixed by the court.
   (f) If the conditions have not been satisfactorily remedied or
removed within the time fixed in the abatement order, then the court
shall appoint a receiver. If, after granting a court order permitting
a person to perform the work, but before the time fixed by the court
for the completion thereof, it appears to the enforcement agency
that the person permitted to do the work is not proceeding in a
timely fashion, the enforcement agency may petition the court for a
hearing to determine whether a receiver should be appointed
immediately. On the failure of the owner, mortgagee, lienor, or other
person having an interest in the property to complete the work in
accordance with the provisions of the order, the costs of the
receiver thereafter appointed in removing or remedying the condition,
and for other charges herein provided for, shall be reimbursed,
paid, or made subject to a lien pursuant to Section 17980.2, or any
combination of these.
   (g) Upon the appointment of a receiver by the court, which shall
include the posting of a bond by the receiver, pursuant to
subdivision (b) of Section 567 of the Code of Civil Procedure, a copy
of the order making the appointment, authenticated by a certificate
of the clerk of the court and particularly describing the property
which is subject to the receivership, shall be recorded in each
county in which any portion of the land is located. However, if the
court determines that the receiver will be acting under the general
direction of the enforcement agency, the receiver may be deemed a
public officer pursuant to Section 995.220 of the Code of Civil
Procedure.
   (h) In addition to the powers specifically requested by the
enforcement agency for the receiver, the receiver shall be authorized
to employ attorneys, accountants, contractors, architects,
engineers, and other clerical and professional personnel to assist
the receiver in the performance of these duties and responsibilities.
   (i) Notwithstanding Section 6103 or 27383 of the Government Code,
a county clerk or county recorder, or clerk of the court may charge a
fee to any party, including a public agency, for the cost, incurred
pursuant to this section, of filing, recording, or authentication of
documents at the request of that party.



17980.2.  (a) If the enforcement agency, in accordance with Section
17980.1, shall desire that the receiver obtain a lien for costs
incurred in connection therewith in favor of the enforcement agency,
the enforcement agency, within five days after the service of the
abatement order upon the owner, shall serve a copy of the abatement
order upon the lienor and mortgagee of record personally or by
registered mail, return receipt requested, at the address set forth
in the recorded mortgage or lien. A notice addressed to the mortgagee
and lienor shall be appended to the copy of the abatement order,
stating that in the event the unsafe conditions are not removed or
remedied in the manner and within the time specified in the abatement
order, the enforcement agency may apply to the superior court for an
order to show cause why a receiver shall not be appointed.
   (b) The enforcement agency or a receiver appointed pursuant to
this section and Section 17980.1 may record a lien against the real
property on which the building is located for the expenses
necessarily incurred in the execution of the abatement order, for
work done in carrying out the abatement order, and for the costs
incurred by the county recorder in recording the lien.
Notwithstanding Section 6103 or 27383 of the Government Code, the
county recorder may charge a fee to any party for the cost, incurred
pursuant to this section, of recording the lien at the request of
that party. Liens authorized by this subdivision shall specify the
amount of the lien, the name of the agency or agencies on whose
behalf the lien is imposed, the date of the abatement order or the
order of the court which required the work to be done, the name of
the receiver, if any, appointed pursuant to Section 17980.1, and the
legal description assessor's parcel number, and the record owner of
the real property. The lien shall be recorded in the office of the
county recorder of any county in which all or any portion of the real
property is located, and from the date of recording shall have the
force, effect, and priority of a judgment lien. The enforcement
agency may defer payment of the lien until the property is sold or
the enforcement agency may require that the lien be paid in
installments. The amount of the lien authorized by this subdivision
shall in no event exceed the reasonable costs of repair, as
determined pursuant to Section 17980.3. Nothing in this section or in
Section 17980.3 shall authorize the forced sale of the property to
secure payment of the judgment lien.
   (c) Whenever the enforcement agency has incurred expense for which
payment is due under this section, Section 17980.3, or 17980.4, the
enforcement agency may institute and maintain a suit against the
owner of the building, and may recover the amount of that expense. In
any case where expenditures have been made, or obligations incurred,
by a receiver pursuant to Section 17980.3, and these are not paid or
reimbursed from rents and income of the building, the receiver may
institute and maintain a suit against the owner to recover the
deficiency. Upon the awarding of a money judgment in any action
authorized by this section, until the same is paid or discharged, the
judgment shall be a lien like other judgments, pursuant to Chapter 2
(commencing with Section 697.010) of Division 2 of Title 9 of Part 2
of the Code of Civil Procedure.
   (d) Unless, within six months after actual notice, proceedings to
discharge the lien are undertaken by the party against whom, or
against whose premises, a lien is claimed, the filing shall, as to
all persons having actual notice, become conclusive evidence that the
amount claimed in the lien, with interest, is due, and is a just
lien upon the premises.
   (e) Where there is more than one owner, except as the owners may
have otherwise mutually agreed, any owner who removes or remedies the
unsafe condition shall be entitled to recover a proportionate share
of the total expense of the compliance from all other owners to whom
the abatement order was issued.



17980.3.  (a) Any receiver appointed pursuant to this section shall
have all of the powers and duties conferred by this section, and
Sections 17980.1 and 17980.2, and shall have the powers and duties of
a receiver appointed in an action to foreclose a mortgage on real
property, as provided in Chapter 5 (commencing with Section 564) of
Title 7 of Part 2 of the Code of Civil Procedure. The receiver, with
all reasonable speed, shall remedy the unsafe condition and remove
all the delinquent matters and deficiencies in the building, as
specified in the abatement order. Unless otherwise ordered by the
court, the receiver shall have the power to let contracts therefor or
incur expenses in accordance with the provisions of local laws,
ordinances, rules, or regulations applicable to contracts for public
works.
   (b) If the conditions of the premises and repairs thereto
significantly interfere with the peaceful enjoyment or safe and
sanitary use of the premises by any tenant, the receiver shall
arrange for comparable temporary housing which is decent, safe, and
sanitary for each tenant required to be relocated. The receiver shall
pay relocation costs to each tenant as provided in Section 7262 of
the Government Code. The costs shall be limited to the time that the
premises are being repaired. The receiver shall mail to the owner and
tenants at least 30 days prior to completion of the repairs a notice
that the unit will be available for occupancy. The tenant shall have
14 days from the date the receiver's notification was mailed to
notify the landlord of his or her intent to reoccupy the dwelling
unit. The tenant shall have seven days to reoccupy the unit once the
unit is deemed habitable. Failure of the tenant to notify the owner
and receiver of the tenant's intent to reoccupy the unit shall
extinguish this right to reoccupy.
   (c) The receiver shall be entitled to the same fees, commissions,
and necessary expenses as receivers in actions to foreclose
mortgages. These fees and commissions shall be paid into any fund
created pursuant to Section 17980.5. The receiver shall be liable
only in the receiver's official capacity for injury to person and
property by reason of conditions of the premises in a case where an
owner would have been liable. The receiver shall not be liable in the
receiver's personal capacity. Upon the request of the receiver, the
enforcement agency or the department, or both, shall make their
personnel and facilities available to the receiver for the purpose of
carrying out the receiver's duties as the receiver, and the cost of
these services shall be deemed a necessary expense of the receiver.
   (d) The receiver shall be discharged upon rendering a full and
complete accounting to the court when the condition has been removed
and the cost thereof and all other costs authorized by this section
have been paid, reimbursed, or made subject to a lien pursuant to
subdivision (b) of Section 17980.2, or any combination of these. Upon
the removal of the condition, the owner, the mortgagee, or any
lienor may apply for the discharge of the receiver of all moneys not
expended by the receiver for removal of the condition and all other
costs authorized by this section.



17980.4.  (a) Whenever the enforcement agency sues for the expenses
involved in the execution of any order, it may join in the same suit
and claim any civil remedy for the violation of any provisions of
this chapter. Joint or several judgments may be had against one or
more of the defendants in the suit, as they or any of them may be
liable in respect of all or any of these claims. The expenses of
executing the order, and any judgment in any abatement suit provided
for in this chapter, and the several judgments that may be recovered
for any of these expenses and judgments, until the same are paid or
discharged, shall be a lien like other judgments, pursuant to Chapter
2 (commencing with Section 697.010) of Division 2 of Title 9 of Part
2 of the Code of Civil Procedure.
   (b) Nothing in this section or in Sections 17980.1 to 17980.3,
inclusive, shall be deemed to relieve the owner of any civil or
criminal liability incurred or any duty imposed by reason of acts or
omissions of the owner prior to the appointment of any receiver, nor
shall anything contained to those sections be construed to suspend
during the receivership any obligation of the owner for the payment
of taxes or operating and maintenance expenses of the dwelling or any
obligation of the owner or any other person for the payment of
mortgages or liens. The remedies pursuant to this section or Sections
17980.1 to 17980.3, inclusive, shall be in addition to any other
remedies provided by law.



17980.5.  The local enforcement agency may establish and maintain a
special fund for the purpose of implementing Sections 17980.1 to
17980.4, inclusive.


17980.6.  If any building is maintained in a manner that violates
any provisions of this part, the building standards published in the
State Building Standards Code relating to the provisions of this
part, any other rule or regulation adopted pursuant to the provisions
of this part, or any provision in a local ordinance that is similar
to a provision in this part, and the violations are so extensive and
of such a nature that the health and safety of residents or the
public is substantially endangered, the enforcement agency may issue
an order or notice to repair or abate pursuant to this part. Any
order or notice pursuant to this subdivision shall be provided either
by both posting a copy of the order or notice in a conspicuous place
on the property and by first-class mail to each affected residential
unit, or by posting a copy of the order or notice in a conspicuous
place on the property and in a prominent place on each affected
residential unit. The order or notice shall include, but is not
limited to, all of the following:
   (a) The name, address, and telephone number of the agency that
issued the notice or order.
   (b) The date, time, and location of any public hearing or
proceeding concerning the order or notice.
   (c) Information that the lessor cannot retaliate against a lessee
pursuant to Section 1942.5 of the Civil Code.



17980.7.  If the owner fails to comply within a reasonable time with
the terms of the order or notice issued pursuant to Section 17980.6,
the following provisions shall apply:
   (a) The enforcement agency may seek and the court may order
imposition of the penalties provided for under Chapter 6 (commencing
with Section 17995).
   (b) (1) The enforcement agency may seek and the court may order
the owner to not claim any deduction with respect to state taxes for
interest, taxes, expenses, depreciation, or amortization paid or
incurred with respect to the cited structure, in the taxable year of
the initial order or notice, in lieu of the enforcement agency
processing a violation in accordance with Sections 17274 and 24436.5
of the Revenue and Taxation Code.
   (2) If the owner fails to comply with the terms of the order or
notice to correct the condition that caused the violation pursuant to
Section 17980.6, the court may order the owner to not claim these
tax benefits for the following year.
   (c) The enforcement agency, tenant, or tenant association or
organization may seek and the court may order, the appointment of a
receiver for the substandard building pursuant to this subdivision.
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 three 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 building exists.
   (1) 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.
   (2) The court shall not appoint any person as a receiver unless
the person has demonstrated to the court his or her capacity and
expertise to develop and supervise a viable financial and
construction plan for the satisfactory rehabilitation of the
building. A court may appoint as a receiver a nonprofit organization
or community development corporation. In addition to the duties and
powers that may be granted pursuant to this section, the nonprofit
organization or community development corporation may also apply for
grants to assist in the rehabilitation of the building.
   (3) If a receiver is appointed, the owner and his or her agent of
the substandard building shall be enjoined from collecting rents from
the tenants, interfering with the receiver in the operation of the
substandard building, and encumbering or transferring the substandard
building or real property upon which the building is situated.
   (4) 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 property.
   (B) To manage the substandard building and pay expenses of the
operation of the substandard building and real property upon which
the building is located, including taxes, insurance, utilities,
general maintenance, and debt secured by an interest in the real
property.
   (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 building.
   (F) To use all rents and income from the substandard building 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 (6) and, with
court approval, secure that debt and any moneys owed to the receiver
for services performed pursuant to this section with a lien on the
real property upon which the substandard building is located. The
lien shall be recorded in the county recorder's office in the county
within which the building is located.
   (H) To exercise the powers granted to receivers under Section 568
of the Code of Civil Procedure.
   (5) The receiver shall be entitled to the same fees, commissions,
and necessary expenses as receivers in actions to foreclose
mortgages.
   (6) If the conditions of the premises or the repair or
rehabilitation thereof significantly affect the safe and sanitary use
of the substandard building 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 subparagraph (A)
of paragraph (3) of subdivision (d).
   (7) The relocation compensation provided for in this section shall
not preempt any local ordinance that provides for greater relocation
assistance.
   (8) 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 payments 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 building.
   (F) Amount of tenant relocation benefits paid.
   (9) 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.
   (10) After discharging the receiver, the court may retain
jurisdiction for a time period not to exceed 18 consecutive months,
and require the owner and the enforcement agency responsible for
enforcing Section 17980 to report to the court in accordance with a
schedule determined by the court.
   (11) The prevailing party in an action pursuant to this section
shall be entitled to reasonable attorney's fees and court costs as
may be fixed by the court.
   (12) 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.
   (13) Nothing in this section shall be construed to limit those
rights available to tenants and owners under any other provision of
the law.
   (14) Nothing in this section shall be construed to deprive an
owner of a substandard building 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 which are issued by the enforcement agency or
the court.
   (d) If the court finds that a building is in a condition which
substantially endangers the health and safety of residents pursuant
to 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 fees or costs, and
all costs of prosecution.
   (2) Order that the local enforcement agency shall provide the
tenant with notice of the court order or judgment.
   (3) (A) 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. These benefits shall
consist of actual reasonable moving and storage costs and relocation
compensation. The actual moving and storage costs shall consist of
all of the following:
   (i) 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.
   (ii) Packing, crating, unpacking, and uncrating the tenant's
personal property.
   (iii) Insurance of the tenant's property while in transit.
   (iv) 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 employee) in the process of moving, where
insurance covering the loss, theft, or damage is not reasonably
available.
   (v) 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.
   (B)(i) The relocation compensation shall be an amount equal to the
differential between the contract rent and the fair market rental
value determined by the federal 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.
   (ii) 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.
   (4) 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.
   (5) (A) Order that the owner shall offer the first right to
occupancy of the premises to each tenant who received benefits
pursuant to subparagraph (A) of paragraph (3), 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.
   (B) 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.
   (6) 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), and any other penalties
and fines as are available.
   (e) 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.
   (f) 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.
   (g) These remedies shall be in addition to those provided by any
other law.
   (h) 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.



17980.8.  Notwithstanding any other provision of law, if a
determination that an unsafe or substandard condition exists in any
building, or upon the lot upon which it is situated, has been made in
an administrative proceeding conducted under this part, including
any code incorporated by Section 17922, the enforcement agency may
abate the nuisance as provided in this part or exercise any other
authority conferred upon it by this part, subject only to the
exclusive remedy of the owner to challenge the administrative
determination pursuant to Section 1094. 5 of the Code of Civil
Procedure. The court may exercise its independent judgment on the
evidence to determine whether the findings are supported by the
weight of the evidence. This section shall apply only to
administrative proceedings commenced on or after January 1, 1990.



17980.9.  Notwithstanding Section 17980, whenever the enforcement
agency inspects any vacant single-family dwelling within the City of
Los Angeles or the City of San Diego pursuant to this chapter, all of
the following shall apply:
   (a) If a nuisance exists in any vacant single-family dwelling or
upon the lot on which it is situated, the enforcement agency shall,
after 15 days' notice to abate the nuisance, institute any
appropriate action or proceeding to prevent, restrain, correct, or
abate the nuisance.
   (b) (1) Whenever the enforcement agency has inspected or caused to
be inspected any vacant single-family dwelling and has determined
that the building is a substandard dwelling, the enforcement agency
shall, after giving 15 days' notice to the owner, commence
proceedings to abate the violation by repair, rehabilitation, or
demolition of the building. The owner shall have the choice of
repairing or demolishing. However, if the owner chooses to repair,
the enforcement agency shall require that the building be brought
into compliance according to a reasonable and feasible schedule for
expeditious repair. The enforcement agency may require demolition or
may itself repair, demolish, or institute any other appropriate
action or proceeding, if any of the following occur:
   (A) The repair work is not done as scheduled.
   (B) The owner does not make a timely choice of repair or
demolition.
   (C) The owner selects an option that cannot be completed within a
reasonable period of time, as determined by the department, for any
reason, including, but not limited to, an outstanding judicial or
administrative order.
   (2) In deciding whether to repair as necessary, the enforcement
agency shall give preference to the repair of the building whenever
it is economically feasible to do so without having to repair more
than 50 percent of the dwelling, as determined by the enforcement
agency, and shall give full consideration to the needs for housing as
expressed in the local jurisdiction's housing element.
   (c) All notices issued by the enforcement agency to correct
violations or to abate nuisances shall contain a provision notifying
the owner that, in accordance with Sections 17274 and 24436.5 of the
Revenue and Taxation Code, a tax deduction may not be allowed for
interest, taxes, depreciation, or amortization paid or incurred in
the taxable year.
   (d) The enforcement agency may charge the owner of the building
for its postage or mileage cost for sending or posting the notices
required to be given by this section.


17980.10.  (a) An enforcement agency that properly declares any
dwelling a nuisance and, using the notice requirements and procedures
specified in Subchapter 1 (commencing with Section 1) of Chapter 1
of Part 1 of Title 25 of the California Code of Regulations, confirms
the declaration by resolution of its governing board shall be deemed
to have acquired jurisdiction to abate the nuisance by repairing or
causing to have repairs made to the property, by razing or removing
the dwelling or in any other way causing the nuisance to be abated.
   (b) The enforcement agency shall keep an itemized account of all
of the expenses involved in abating the nuisance, including the
razing or removing of the dwelling. The enforcement agency shall
cause to be posted conspicuously on the property where the nuisance
was abated, repairs were made, or where the dwelling was razed or
removed, an expense statement. This statement shall be verified by
the officer of the enforcement agency in charge of doing the work,
showing the reasonable gross and net expense of the abatement actions
taken by the agency, including the expense of inspections; repairs,
if any; the cost of the razing or removing of the building, if
applicable; and any other costs of abatement, together with a notice
of the time and place when and where the statement shall be submitted
to the governing board of the enforcement agency for approval and
confirmation. In addition to being posted on the property, this
statement shall be sent by certified mail to each owner and other
interested party, as specified in Subchapter 1 (commencing with
Section 1) of Chapter 1 of Part 1 of Title 25 of the California Code
of Regulations.
   (c) At the meeting noticed pursuant to subdivision (b), the
governing board shall consider any objections or protests, if any,
that may be raised by the property owner liable to be assessed for
the cost of the work, or by any other interested persons. If the
governing board confirms the statement of costs of abatement, those
costs shall be the obligation of each owner of the property to pay to
the public entity that has incurred them.
   (d) Notwithstanding any other provision of law, any hearing
required under this section shall be conducted in accordance with
requirements adopted by the enforcement agency that are in
substantial compliance with those contained in Chapter 13 (commencing
with Section 1301), or the successor provisions to that chapter, of
the most recent edition of the Uniform Housing Code of the
International Conference of Building Officials or as specified in
Subchapter 1 (commencing with Section 1) of Chapter 1 of Part 1 of
Title 25 of the California Code of Regulations.



17980.11.  If an enforcement agency has recorded with a county
recorder any notice of substandard or untenantable conditions issued
pursuant to this part for a residential structure, and if the
enforcement agency anticipates that it will pursue the remedies
provided by subdivision (b) of Section 17980.7 or subdivision (c) of
Section 17980.9, or Section 17274 or 22436.5 of the Revenue and
Taxation Code, it may require the private owner of that structure,
within 10 days of recordation, to submit to the enforcement agency
the following information:
   (a) If the property owner is an individual, the name, address,
driver's license number or identification card number, social
security number or tax identification number, and any other
information deemed necessary by the enforcement agency to file the
documents necessary to utilize Section 17274 of the Revenue and
Taxation Code.
   (b) If the property owner is a corporation, trust, real estate
trust, or any other entity whose taxes are subject to Part 11
(commencing with Section 23001) of the Revenue and Taxation Code, the
name, address, tax identification number, and any other information
deemed necessary by the enforcement agency to file the documents
necessary to utilize Section 22436.5 of the Revenue and Taxation
Code.
   (c) If the property owner is a limited liability company,
partnership, limited partnership, trust, or real estate investment
trust, or any other entity which has owners, partners, members, or
investors whose state taxes are subject to Part 10 (commencing with
Section 17001) of the Revenue and Taxation Code and whose income,
deductions, or tax credits are subject to any change because of
interest payments, taxes, depreciation, or amortization related to
the substandard housing, the name, address, driver's license number
or identification card number, social security number or tax
identification number, and any other information deemed necessary by
the enforcement agency to file the documents necessary to utilize
Section 17274 of the Revenue and Taxation Code.



17981.  An enforcement agency which institutes any action or
proceeding pursuant to this article may, 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.



17982.  If any notice or order issued by an enforcement agency is
not complied with within a reasonable time as specified in such
notice or order the enforcement agency may apply to the superior
court for an order authorizing it to remove any violation or abate
any nuisance specified in the notice or order.



17983.  The superior court may make any order for which application
is made pursuant to this article.



17984.  Neither an enforcement agency, any of its officers, nor any
city or county for which an enforcement agency may act, is liable for
costs in any action or proceeding that the enforcement agency may
commence pursuant to this article.


17985.  (a) Any enforcement agency which institutes an action or
proceeding pursuant to this article shall record a notice of the
pendency of the action or proceeding in the county recorder's office
of the county where the property affected by the action or proceeding
is situated. The enforcement agency may charge the property owner
for any cost involved in recording the notice. The enforcement agency
shall reimburse the owner for any amount charged if the case is
dismissed or if the defendant is found innocent. The notice shall be
recorded at the time of the commencement of the action or proceeding.
It has the same effect as the notice of pendency of action provided
for in the Code of Civil Procedure.
   (b) The enforcement agency shall record a notice of final
disposition of any action or proceeding in the county recorder's
office where the property affected by the action or proceeding was
recorded immediately following final resolution of the action or
proceeding.



17986.  The county recorder with whom a notice of pendency of action
or proceeding is filed shall record and index it in the name of each
person to be specified in a direction subscribed by an officer of
the enforcement agency instituting the action or proceeding.



17987.  Any notice of pendency of action or proceeding may be
vacated upon the order of a judge of the court in which the action or
proceeding is pending. A certified copy of the order of vacation may
be recorded in the office of the recorder of the county where the
notice of pendency of action is recorded.



17988.  In any action or proceeding brought pursuant to this
article, service of summons is sufficient if served in the manner
provided in the Code of Civil Procedure.



17989.  Except under conditions immediately affecting health or
safety, every notice or order issued pursuant to this part shall be
served five days before the time for doing or refraining from doing
the thing to which it pertains.


17990.  The time to file a written pleading in response to a summons
in an action brought pursuant to this article is 10 days.



17991.  (a) The sale or other transfer of property to a third party
shall not render moot an administrative or judicial action or
proceeding pursuant to this article, including an action under
Section 17982, instituted by an enforcement agency, or a receiver on
behalf of an enforcement agency, against the owner of record on the
date a citation for, or other notice of, a violation of this part was
issued.
   (b) In the event of any sale or other transfer of property to a
third party during the period between the issuance of the notice of
violation and the abatement of the violation, or any administrative
or judicial actions related thereto, within five days after the sale
or transfer occurs, the transferor shall record a Notice of
Conveyance of Substandard Property with the county recorder where the
property is located, identifying the name and address of the buyer
or transferee and executed with a signature that the information is
true and correct, under penalty of perjury.
   (c) In the event of any sale of other transfer of property to a
third party during the period between the issuance of the notice of
violation and the abatement of the violation, or any administrative
or judicial actions related thereto, the transferor shall provide all
of the following information to the enforcement agency within five
days after the sale or transfer occurs:
   (1) If the seller or transferor is not an individual person, the
name, address, and driver's license number or identification card
number of each individual who has an interest in excess of 5 percent
in the entity which is selling or transferring the property.
   (2) If the buyer or transferee is an individual person, the name,
address, and driver's license number or identification number of that
individual.
   (3) If the buyer or transferee is not an individual person, the
name, address, and driver's license number or identification card
number of each individual who has an interest in excess of 5 percent
in the entity that is the buyer or transferee of the property.



17992.  Any person who obtains an ownership interest in any property
after a notice of pendency of an action or proceeding was recorded
with respect to the property pursuant to Section 17985 or any other
notice of a violation of this part was recorded with the county
recorder of the county in which the property is located, and where
there has been no withdrawal or expungement of the notice, shall be
subject to any order to correct a violation, including time
limitations, specified in a citation issued pursuant to Sections
17980 and 17981 or any other notice of a violation of this part that
was recorded with the county recorder of the county in which the
property is located.


State Codes and Statutes

State Codes and Statutes

Statutes > California > Hsc > 17980-17992

HEALTH AND SAFETY CODE
SECTION 17980-17992



17980.  (a) If any building is constructed, altered, converted, or
maintained in violation of any provision of, or in violation of any
order or notice that gives a reasonable time to correct that
violation issued by an enforcement agency pursuant to this part, the
building standards published in the California Building Standards
Code, or other rules and regulations adopted pursuant to this part,
or if a nuisance exists in any building or upon the lot on which it
is situated, the enforcement agency shall, after 30 days' notice to
abate the nuisance or violation, or a notice to abate with a shorter
period of time if deemed necessary by the enforcement agency to
prevent or remedy an immediate threat to the health and safety of the
public or occupants of the structure, institute any appropriate
action or proceeding to prevent, restrain, correct, or abate the
violation or nuisance.
   (b) (1) Whenever the enforcement agency has inspected or caused to
be inspected any building and has determined that the building is a
substandard building or a building described in Section 17920.10, the
enforcement agency shall commence proceedings to abate the violation
by repair, rehabilitation, vacation, or demolition of the building.
The enforcement agency shall not require the vacating of a
residential building unless it concurrently requires expeditious
demolition or repair to comply with this part, the building standards
published in the California Building Standards Code, or other rules
and regulations adopted pursuant to this part. The owner shall have
the choice of repairing or demolishing. However, if the owner chooses
to repair, the enforcement agency shall require that the building be
brought into compliance according to a reasonable and feasible
schedule for expeditious repair. The enforcement agency may require
vacation and demolition or may itself vacate the building, repair,
demolish, or institute any other appropriate action or proceeding, if
any of the following occur:
   (A) The repair work is not done within the period required by the
notice.
   (B) The owner does not make a timely choice of repair or
demolition.
   (C) The owner selects an option which cannot be completed within a
reasonable period of time, as determined by the enforcement agency,
for any reason, including, but not limited to, an outstanding
judicial or administrative order.
   (2) In deciding whether to require vacation of the building or to
repair as necessary, the enforcement agency shall give preference to
the repair of the building whenever it is economically feasible to do
so without having to repair more than 75 percent of the dwelling, as
determined by the enforcement agency, and shall give full
consideration to the needs for housing as expressed in the local
jurisdiction's housing element.
   (c) (1) Notwithstanding subdivision (b) and notwithstanding local
ordinances, tenants in a residential building shall be provided
copies of any of the following:
   (A) The notice of any violation described in subdivision (a) that
affects the health and safety of the occupants and that causes the
building to be substandard pursuant to Section 17920.3 or in
violation of Section 17920.10.
   (B) An order of the code enforcement agency issued after
inspection of the premises declaring the dwelling to be in violation
of any provision described in subdivision (a).
   (C) The enforcement agency's decision to repair or demolish.
   (D) The issuance of a building or demolition permit following the
abatement order of an enforcement agency.
   (2) Each document provided pursuant to paragraph (1) shall be
provided to each affected residential unit by the enforcement agency
that issued the order or notice, in the manner prescribed by
subdivision (a) of Section 17980.6.
   (d) All notices issued by the enforcement agency to correct
violations or to abate nuisances shall contain a provision notifying
the owner that, in accordance with Sections 17274 and 24436.5 of the
Revenue and Taxation Code, a tax deduction may not be allowed for
interest, taxes, depreciation, or amortization paid or incurred in
the taxable year. In addition, in Los Angeles County, the notice
shall contain a provision notifying the owner that within 10 days of
recordation of a notice of substandard conditions or similar
document, the owner is required to comply with Section 17997.
   (e) The enforcement agency may charge the owner of the building
for its postage or mileage cost for sending or posting the notices
required to be given by this section.


17980.1.  (a) If a building is identified by a city, city and
county, or county pursuant to Article 4 (commencing with Section
19160) of Chapter 2 of Part 3 of Division 13, or Section 8875.2 of
the Government Code as being potentially hazardous to life in the
event of an earthquake or is identified for any other reason to be
hazardous to life in the event of an earthquake, or is identified as
being in a condition that substantially endangers the health and
safety of residents pursuant to Section 17980.6, an order requiring
the building to be retrofitted to local seismic building standards or
repaired so as not to violate any law, regulation, or ordinance
applicable to the maintenance and use of the building, may be
executed by the enforcement agency or its agents or contractors if
all of the following conditions are satisfied:
   (1) The hazardous condition is of a nature that would endanger the
immediate health and safety of residents or the public in the event
of an earthquake.
   (2) The extent and nature of a hazardous condition related to
seismic safety is such that it could be corrected with the
application of current technology.
   (3) Any abatement order of the enforcement agency is not complied
with or not so far complied with as the enforcement agency may regard
as reasonable, within the time therein designated.
   (b) If the owner does not comply with the abatement order within a
reasonable time after issuance of the order, the enforcement agency
may, as an alternative to any other remedy permitted under law, seek
the remedy provided by this section if the court finds the owner in
violation of the abatement order and finds that the abatement order
was issued in order to correct a hazardous condition which would
endanger the immediate health and safety of residents or the public
in the event of an earthquake or because of any violation of this
part.
   (c) After serving notice upon the owner not less than 48 hours
prior to the filing of the application in accordance with the
procedures for notice specified by this subdivision, the enforcement
agency, in accordance with this section, Sections 17980.1 to 17980.3,
inclusive, and Chapter 5 (commencing with Section 564) of Title 7 of
Part 2 of the Code of Civil Procedure, may thereafter apply to the
superior court in the county where the property is situated by
petition for an order directing the owner and any mortgagees or
lienors of record to show cause why an individual or group as
proposed by the enforcement agency should not be appointed as a
receiver, and why the receiver should not remove or remedy the
condition and obtain a lien, as provided in Section 17980.2, in favor
of the enforcement agency against the property, with the lien having
the priority as specified in subdivision (b) of Section 17980.2, to
secure repayment of the costs incurred by the receiver in removing or
remedying the condition. The application shall contain all of the
following:
   (1) Proof by affidavit that an abatement order of the enforcement
agency has been issued and served on the owner, mortgagees, and
lienors in accordance with this section, and that the notice
containing the same particulars as are required in the abatement
order, including the work to be done, has been filed in the office of
the county recorder in which mechanic's liens affecting the property
would be filed.
   (2) A statement that the abatement order has not been complied
with or not so far complied with as the enforcement agency may regard
as reasonable within the time period therein designated.
   (3) A statement that a condition that constitutes a serious hazard
and is a serious threat to life, health, or safety continues to
exist upon the property, and a description of the property and the
factors constituting the unsafe condition.
   (4) A plan describing how the receiver shall perform the required
work, and how rents, issues, and profits shall be collected and
distributed among the owner, mortgagee, lienor, and enforcement
agency or receiver, and including an estimate as to the costs of the
required work, the approximate time when the repairs will be
completed, a statement as to whether a displacement of any occupant
is required, and provisions regarding assistance for displaced
occupants.
   (d) The order to show cause shall be returnable not less than five
days after service is completed and shall provide for personal
service of a copy thereof and the papers on which it is based on the
owners and mortgagees of record and lienors. Alternative service may
be made upon the owner by posting upon the property and thereafter
mailing to the owner at the last known address, and upon the
mortgagee or lienor by mailing to the address set forth in the
recorded mortgage or lien and by publication in a newspaper of
general circulation in the county where the premises are located. The
service shall be completed on filing proof of service thereof in the
office of the county clerk.
   (e) On the return of the order to show cause, the proceeding
regarding that order shall have precedence over every other business
of the court, unless the court finds that some other pending
proceeding, having a similar statutory precedence, shall have
priority. If the court finds good cause therefor, and finds that the
cost of repairs, when added to any valid encumbrances on the
building, shall not exceed the projected value of the building when
repaired, then the court shall appoint a receiver named in the
application or another person deemed appropriate, in accordance with
this section and Section 17980.2. However, prior to the appointment
of a receiver, if the owner or any mortgagee or lienor or other
person having an interest in the property applies to the court to be
permitted to remove or remedy the conditions, and demonstrates the
ability promptly to undertake the work required, and posts security
for the performance thereof within the time, and in the amount and
manner deemed necessary by the court, then the court may, in lieu of
appointing the receiver, issue an order permitting that person to
perform the work within a time fixed by the court.
   (f) If the conditions have not been satisfactorily remedied or
removed within the time fixed in the abatement order, then the court
shall appoint a receiver. If, after granting a court order permitting
a person to perform the work, but before the time fixed by the court
for the completion thereof, it appears to the enforcement agency
that the person permitted to do the work is not proceeding in a
timely fashion, the enforcement agency may petition the court for a
hearing to determine whether a receiver should be appointed
immediately. On the failure of the owner, mortgagee, lienor, or other
person having an interest in the property to complete the work in
accordance with the provisions of the order, the costs of the
receiver thereafter appointed in removing or remedying the condition,
and for other charges herein provided for, shall be reimbursed,
paid, or made subject to a lien pursuant to Section 17980.2, or any
combination of these.
   (g) Upon the appointment of a receiver by the court, which shall
include the posting of a bond by the receiver, pursuant to
subdivision (b) of Section 567 of the Code of Civil Procedure, a copy
of the order making the appointment, authenticated by a certificate
of the clerk of the court and particularly describing the property
which is subject to the receivership, shall be recorded in each
county in which any portion of the land is located. However, if the
court determines that the receiver will be acting under the general
direction of the enforcement agency, the receiver may be deemed a
public officer pursuant to Section 995.220 of the Code of Civil
Procedure.
   (h) In addition to the powers specifically requested by the
enforcement agency for the receiver, the receiver shall be authorized
to employ attorneys, accountants, contractors, architects,
engineers, and other clerical and professional personnel to assist
the receiver in the performance of these duties and responsibilities.
   (i) Notwithstanding Section 6103 or 27383 of the Government Code,
a county clerk or county recorder, or clerk of the court may charge a
fee to any party, including a public agency, for the cost, incurred
pursuant to this section, of filing, recording, or authentication of
documents at the request of that party.



17980.2.  (a) If the enforcement agency, in accordance with Section
17980.1, shall desire that the receiver obtain a lien for costs
incurred in connection therewith in favor of the enforcement agency,
the enforcement agency, within five days after the service of the
abatement order upon the owner, shall serve a copy of the abatement
order upon the lienor and mortgagee of record personally or by
registered mail, return receipt requested, at the address set forth
in the recorded mortgage or lien. A notice addressed to the mortgagee
and lienor shall be appended to the copy of the abatement order,
stating that in the event the unsafe conditions are not removed or
remedied in the manner and within the time specified in the abatement
order, the enforcement agency may apply to the superior court for an
order to show cause why a receiver shall not be appointed.
   (b) The enforcement agency or a receiver appointed pursuant to
this section and Section 17980.1 may record a lien against the real
property on which the building is located for the expenses
necessarily incurred in the execution of the abatement order, for
work done in carrying out the abatement order, and for the costs
incurred by the county recorder in recording the lien.
Notwithstanding Section 6103 or 27383 of the Government Code, the
county recorder may charge a fee to any party for the cost, incurred
pursuant to this section, of recording the lien at the request of
that party. Liens authorized by this subdivision shall specify the
amount of the lien, the name of the agency or agencies on whose
behalf the lien is imposed, the date of the abatement order or the
order of the court which required the work to be done, the name of
the receiver, if any, appointed pursuant to Section 17980.1, and the
legal description assessor's parcel number, and the record owner of
the real property. The lien shall be recorded in the office of the
county recorder of any county in which all or any portion of the real
property is located, and from the date of recording shall have the
force, effect, and priority of a judgment lien. The enforcement
agency may defer payment of the lien until the property is sold or
the enforcement agency may require that the lien be paid in
installments. The amount of the lien authorized by this subdivision
shall in no event exceed the reasonable costs of repair, as
determined pursuant to Section 17980.3. Nothing in this section or in
Section 17980.3 shall authorize the forced sale of the property to
secure payment of the judgment lien.
   (c) Whenever the enforcement agency has incurred expense for which
payment is due under this section, Section 17980.3, or 17980.4, the
enforcement agency may institute and maintain a suit against the
owner of the building, and may recover the amount of that expense. In
any case where expenditures have been made, or obligations incurred,
by a receiver pursuant to Section 17980.3, and these are not paid or
reimbursed from rents and income of the building, the receiver may
institute and maintain a suit against the owner to recover the
deficiency. Upon the awarding of a money judgment in any action
authorized by this section, until the same is paid or discharged, the
judgment shall be a lien like other judgments, pursuant to Chapter 2
(commencing with Section 697.010) of Division 2 of Title 9 of Part 2
of the Code of Civil Procedure.
   (d) Unless, within six months after actual notice, proceedings to
discharge the lien are undertaken by the party against whom, or
against whose premises, a lien is claimed, the filing shall, as to
all persons having actual notice, become conclusive evidence that the
amount claimed in the lien, with interest, is due, and is a just
lien upon the premises.
   (e) Where there is more than one owner, except as the owners may
have otherwise mutually agreed, any owner who removes or remedies the
unsafe condition shall be entitled to recover a proportionate share
of the total expense of the compliance from all other owners to whom
the abatement order was issued.



17980.3.  (a) Any receiver appointed pursuant to this section shall
have all of the powers and duties conferred by this section, and
Sections 17980.1 and 17980.2, and shall have the powers and duties of
a receiver appointed in an action to foreclose a mortgage on real
property, as provided in Chapter 5 (commencing with Section 564) of
Title 7 of Part 2 of the Code of Civil Procedure. The receiver, with
all reasonable speed, shall remedy the unsafe condition and remove
all the delinquent matters and deficiencies in the building, as
specified in the abatement order. Unless otherwise ordered by the
court, the receiver shall have the power to let contracts therefor or
incur expenses in accordance with the provisions of local laws,
ordinances, rules, or regulations applicable to contracts for public
works.
   (b) If the conditions of the premises and repairs thereto
significantly interfere with the peaceful enjoyment or safe and
sanitary use of the premises by any tenant, the receiver shall
arrange for comparable temporary housing which is decent, safe, and
sanitary for each tenant required to be relocated. The receiver shall
pay relocation costs to each tenant as provided in Section 7262 of
the Government Code. The costs shall be limited to the time that the
premises are being repaired. The receiver shall mail to the owner and
tenants at least 30 days prior to completion of the repairs a notice
that the unit will be available for occupancy. The tenant shall have
14 days from the date the receiver's notification was mailed to
notify the landlord of his or her intent to reoccupy the dwelling
unit. The tenant shall have seven days to reoccupy the unit once the
unit is deemed habitable. Failure of the tenant to notify the owner
and receiver of the tenant's intent to reoccupy the unit shall
extinguish this right to reoccupy.
   (c) The receiver shall be entitled to the same fees, commissions,
and necessary expenses as receivers in actions to foreclose
mortgages. These fees and commissions shall be paid into any fund
created pursuant to Section 17980.5. The receiver shall be liable
only in the receiver's official capacity for injury to person and
property by reason of conditions of the premises in a case where an
owner would have been liable. The receiver shall not be liable in the
receiver's personal capacity. Upon the request of the receiver, the
enforcement agency or the department, or both, shall make their
personnel and facilities available to the receiver for the purpose of
carrying out the receiver's duties as the receiver, and the cost of
these services shall be deemed a necessary expense of the receiver.
   (d) The receiver shall be discharged upon rendering a full and
complete accounting to the court when the condition has been removed
and the cost thereof and all other costs authorized by this section
have been paid, reimbursed, or made subject to a lien pursuant to
subdivision (b) of Section 17980.2, or any combination of these. Upon
the removal of the condition, the owner, the mortgagee, or any
lienor may apply for the discharge of the receiver of all moneys not
expended by the receiver for removal of the condition and all other
costs authorized by this section.



17980.4.  (a) Whenever the enforcement agency sues for the expenses
involved in the execution of any order, it may join in the same suit
and claim any civil remedy for the violation of any provisions of
this chapter. Joint or several judgments may be had against one or
more of the defendants in the suit, as they or any of them may be
liable in respect of all or any of these claims. The expenses of
executing the order, and any judgment in any abatement suit provided
for in this chapter, and the several judgments that may be recovered
for any of these expenses and judgments, until the same are paid or
discharged, shall be a lien like other judgments, pursuant to Chapter
2 (commencing with Section 697.010) of Division 2 of Title 9 of Part
2 of the Code of Civil Procedure.
   (b) Nothing in this section or in Sections 17980.1 to 17980.3,
inclusive, shall be deemed to relieve the owner of any civil or
criminal liability incurred or any duty imposed by reason of acts or
omissions of the owner prior to the appointment of any receiver, nor
shall anything contained to those sections be construed to suspend
during the receivership any obligation of the owner for the payment
of taxes or operating and maintenance expenses of the dwelling or any
obligation of the owner or any other person for the payment of
mortgages or liens. The remedies pursuant to this section or Sections
17980.1 to 17980.3, inclusive, shall be in addition to any other
remedies provided by law.



17980.5.  The local enforcement agency may establish and maintain a
special fund for the purpose of implementing Sections 17980.1 to
17980.4, inclusive.


17980.6.  If any building is maintained in a manner that violates
any provisions of this part, the building standards published in the
State Building Standards Code relating to the provisions of this
part, any other rule or regulation adopted pursuant to the provisions
of this part, or any provision in a local ordinance that is similar
to a provision in this part, and the violations are so extensive and
of such a nature that the health and safety of residents or the
public is substantially endangered, the enforcement agency may issue
an order or notice to repair or abate pursuant to this part. Any
order or notice pursuant to this subdivision shall be provided either
by both posting a copy of the order or notice in a conspicuous place
on the property and by first-class mail to each affected residential
unit, or by posting a copy of the order or notice in a conspicuous
place on the property and in a prominent place on each affected
residential unit. The order or notice shall include, but is not
limited to, all of the following:
   (a) The name, address, and telephone number of the agency that
issued the notice or order.
   (b) The date, time, and location of any public hearing or
proceeding concerning the order or notice.
   (c) Information that the lessor cannot retaliate against a lessee
pursuant to Section 1942.5 of the Civil Code.



17980.7.  If the owner fails to comply within a reasonable time with
the terms of the order or notice issued pursuant to Section 17980.6,
the following provisions shall apply:
   (a) The enforcement agency may seek and the court may order
imposition of the penalties provided for under Chapter 6 (commencing
with Section 17995).
   (b) (1) The enforcement agency may seek and the court may order
the owner to not claim any deduction with respect to state taxes for
interest, taxes, expenses, depreciation, or amortization paid or
incurred with respect to the cited structure, in the taxable year of
the initial order or notice, in lieu of the enforcement agency
processing a violation in accordance with Sections 17274 and 24436.5
of the Revenue and Taxation Code.
   (2) If the owner fails to comply with the terms of the order or
notice to correct the condition that caused the violation pursuant to
Section 17980.6, the court may order the owner to not claim these
tax benefits for the following year.
   (c) The enforcement agency, tenant, or tenant association or
organization may seek and the court may order, the appointment of a
receiver for the substandard building pursuant to this subdivision.
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 three 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 building exists.
   (1) 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.
   (2) The court shall not appoint any person as a receiver unless
the person has demonstrated to the court his or her capacity and
expertise to develop and supervise a viable financial and
construction plan for the satisfactory rehabilitation of the
building. A court may appoint as a receiver a nonprofit organization
or community development corporation. In addition to the duties and
powers that may be granted pursuant to this section, the nonprofit
organization or community development corporation may also apply for
grants to assist in the rehabilitation of the building.
   (3) If a receiver is appointed, the owner and his or her agent of
the substandard building shall be enjoined from collecting rents from
the tenants, interfering with the receiver in the operation of the
substandard building, and encumbering or transferring the substandard
building or real property upon which the building is situated.
   (4) 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 property.
   (B) To manage the substandard building and pay expenses of the
operation of the substandard building and real property upon which
the building is located, including taxes, insurance, utilities,
general maintenance, and debt secured by an interest in the real
property.
   (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 building.
   (F) To use all rents and income from the substandard building 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 (6) and, with
court approval, secure that debt and any moneys owed to the receiver
for services performed pursuant to this section with a lien on the
real property upon which the substandard building is located. The
lien shall be recorded in the county recorder's office in the county
within which the building is located.
   (H) To exercise the powers granted to receivers under Section 568
of the Code of Civil Procedure.
   (5) The receiver shall be entitled to the same fees, commissions,
and necessary expenses as receivers in actions to foreclose
mortgages.
   (6) If the conditions of the premises or the repair or
rehabilitation thereof significantly affect the safe and sanitary use
of the substandard building 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 subparagraph (A)
of paragraph (3) of subdivision (d).
   (7) The relocation compensation provided for in this section shall
not preempt any local ordinance that provides for greater relocation
assistance.
   (8) 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 payments 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 building.
   (F) Amount of tenant relocation benefits paid.
   (9) 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.
   (10) After discharging the receiver, the court may retain
jurisdiction for a time period not to exceed 18 consecutive months,
and require the owner and the enforcement agency responsible for
enforcing Section 17980 to report to the court in accordance with a
schedule determined by the court.
   (11) The prevailing party in an action pursuant to this section
shall be entitled to reasonable attorney's fees and court costs as
may be fixed by the court.
   (12) 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.
   (13) Nothing in this section shall be construed to limit those
rights available to tenants and owners under any other provision of
the law.
   (14) Nothing in this section shall be construed to deprive an
owner of a substandard building 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 which are issued by the enforcement agency or
the court.
   (d) If the court finds that a building is in a condition which
substantially endangers the health and safety of residents pursuant
to 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 fees or costs, and
all costs of prosecution.
   (2) Order that the local enforcement agency shall provide the
tenant with notice of the court order or judgment.
   (3) (A) 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. These benefits shall
consist of actual reasonable moving and storage costs and relocation
compensation. The actual moving and storage costs shall consist of
all of the following:
   (i) 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.
   (ii) Packing, crating, unpacking, and uncrating the tenant's
personal property.
   (iii) Insurance of the tenant's property while in transit.
   (iv) 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 employee) in the process of moving, where
insurance covering the loss, theft, or damage is not reasonably
available.
   (v) 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.
   (B)(i) The relocation compensation shall be an amount equal to the
differential between the contract rent and the fair market rental
value determined by the federal 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.
   (ii) 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.
   (4) 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.
   (5) (A) Order that the owner shall offer the first right to
occupancy of the premises to each tenant who received benefits
pursuant to subparagraph (A) of paragraph (3), 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.
   (B) 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.
   (6) 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), and any other penalties
and fines as are available.
   (e) 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.
   (f) 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.
   (g) These remedies shall be in addition to those provided by any
other law.
   (h) 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.



17980.8.  Notwithstanding any other provision of law, if a
determination that an unsafe or substandard condition exists in any
building, or upon the lot upon which it is situated, has been made in
an administrative proceeding conducted under this part, including
any code incorporated by Section 17922, the enforcement agency may
abate the nuisance as provided in this part or exercise any other
authority conferred upon it by this part, subject only to the
exclusive remedy of the owner to challenge the administrative
determination pursuant to Section 1094. 5 of the Code of Civil
Procedure. The court may exercise its independent judgment on the
evidence to determine whether the findings are supported by the
weight of the evidence. This section shall apply only to
administrative proceedings commenced on or after January 1, 1990.



17980.9.  Notwithstanding Section 17980, whenever the enforcement
agency inspects any vacant single-family dwelling within the City of
Los Angeles or the City of San Diego pursuant to this chapter, all of
the following shall apply:
   (a) If a nuisance exists in any vacant single-family dwelling or
upon the lot on which it is situated, the enforcement agency shall,
after 15 days' notice to abate the nuisance, institute any
appropriate action or proceeding to prevent, restrain, correct, or
abate the nuisance.
   (b) (1) Whenever the enforcement agency has inspected or caused to
be inspected any vacant single-family dwelling and has determined
that the building is a substandard dwelling, the enforcement agency
shall, after giving 15 days' notice to the owner, commence
proceedings to abate the violation by repair, rehabilitation, or
demolition of the building. The owner shall have the choice of
repairing or demolishing. However, if the owner chooses to repair,
the enforcement agency shall require that the building be brought
into compliance according to a reasonable and feasible schedule for
expeditious repair. The enforcement agency may require demolition or
may itself repair, demolish, or institute any other appropriate
action or proceeding, if any of the following occur:
   (A) The repair work is not done as scheduled.
   (B) The owner does not make a timely choice of repair or
demolition.
   (C) The owner selects an option that cannot be completed within a
reasonable period of time, as determined by the department, for any
reason, including, but not limited to, an outstanding judicial or
administrative order.
   (2) In deciding whether to repair as necessary, the enforcement
agency shall give preference to the repair of the building whenever
it is economically feasible to do so without having to repair more
than 50 percent of the dwelling, as determined by the enforcement
agency, and shall give full consideration to the needs for housing as
expressed in the local jurisdiction's housing element.
   (c) All notices issued by the enforcement agency to correct
violations or to abate nuisances shall contain a provision notifying
the owner that, in accordance with Sections 17274 and 24436.5 of the
Revenue and Taxation Code, a tax deduction may not be allowed for
interest, taxes, depreciation, or amortization paid or incurred in
the taxable year.
   (d) The enforcement agency may charge the owner of the building
for its postage or mileage cost for sending or posting the notices
required to be given by this section.


17980.10.  (a) An enforcement agency that properly declares any
dwelling a nuisance and, using the notice requirements and procedures
specified in Subchapter 1 (commencing with Section 1) of Chapter 1
of Part 1 of Title 25 of the California Code of Regulations, confirms
the declaration by resolution of its governing board shall be deemed
to have acquired jurisdiction to abate the nuisance by repairing or
causing to have repairs made to the property, by razing or removing
the dwelling or in any other way causing the nuisance to be abated.
   (b) The enforcement agency shall keep an itemized account of all
of the expenses involved in abating the nuisance, including the
razing or removing of the dwelling. The enforcement agency shall
cause to be posted conspicuously on the property where the nuisance
was abated, repairs were made, or where the dwelling was razed or
removed, an expense statement. This statement shall be verified by
the officer of the enforcement agency in charge of doing the work,
showing the reasonable gross and net expense of the abatement actions
taken by the agency, including the expense of inspections; repairs,
if any; the cost of the razing or removing of the building, if
applicable; and any other costs of abatement, together with a notice
of the time and place when and where the statement shall be submitted
to the governing board of the enforcement agency for approval and
confirmation. In addition to being posted on the property, this
statement shall be sent by certified mail to each owner and other
interested party, as specified in Subchapter 1 (commencing with
Section 1) of Chapter 1 of Part 1 of Title 25 of the California Code
of Regulations.
   (c) At the meeting noticed pursuant to subdivision (b), the
governing board shall consider any objections or protests, if any,
that may be raised by the property owner liable to be assessed for
the cost of the work, or by any other interested persons. If the
governing board confirms the statement of costs of abatement, those
costs shall be the obligation of each owner of the property to pay to
the public entity that has incurred them.
   (d) Notwithstanding any other provision of law, any hearing
required under this section shall be conducted in accordance with
requirements adopted by the enforcement agency that are in
substantial compliance with those contained in Chapter 13 (commencing
with Section 1301), or the successor provisions to that chapter, of
the most recent edition of the Uniform Housing Code of the
International Conference of Building Officials or as specified in
Subchapter 1 (commencing with Section 1) of Chapter 1 of Part 1 of
Title 25 of the California Code of Regulations.



17980.11.  If an enforcement agency has recorded with a county
recorder any notice of substandard or untenantable conditions issued
pursuant to this part for a residential structure, and if the
enforcement agency anticipates that it will pursue the remedies
provided by subdivision (b) of Section 17980.7 or subdivision (c) of
Section 17980.9, or Section 17274 or 22436.5 of the Revenue and
Taxation Code, it may require the private owner of that structure,
within 10 days of recordation, to submit to the enforcement agency
the following information:
   (a) If the property owner is an individual, the name, address,
driver's license number or identification card number, social
security number or tax identification number, and any other
information deemed necessary by the enforcement agency to file the
documents necessary to utilize Section 17274 of the Revenue and
Taxation Code.
   (b) If the property owner is a corporation, trust, real estate
trust, or any other entity whose taxes are subject to Part 11
(commencing with Section 23001) of the Revenue and Taxation Code, the
name, address, tax identification number, and any other information
deemed necessary by the enforcement agency to file the documents
necessary to utilize Section 22436.5 of the Revenue and Taxation
Code.
   (c) If the property owner is a limited liability company,
partnership, limited partnership, trust, or real estate investment
trust, or any other entity which has owners, partners, members, or
investors whose state taxes are subject to Part 10 (commencing with
Section 17001) of the Revenue and Taxation Code and whose income,
deductions, or tax credits are subject to any change because of
interest payments, taxes, depreciation, or amortization related to
the substandard housing, the name, address, driver's license number
or identification card number, social security number or tax
identification number, and any other information deemed necessary by
the enforcement agency to file the documents necessary to utilize
Section 17274 of the Revenue and Taxation Code.



17981.  An enforcement agency which institutes any action or
proceeding pursuant to this article may, 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.



17982.  If any notice or order issued by an enforcement agency is
not complied with within a reasonable time as specified in such
notice or order the enforcement agency may apply to the superior
court for an order authorizing it to remove any violation or abate
any nuisance specified in the notice or order.



17983.  The superior court may make any order for which application
is made pursuant to this article.



17984.  Neither an enforcement agency, any of its officers, nor any
city or county for which an enforcement agency may act, is liable for
costs in any action or proceeding that the enforcement agency may
commence pursuant to this article.


17985.  (a) Any enforcement agency which institutes an action or
proceeding pursuant to this article shall record a notice of the
pendency of the action or proceeding in the county recorder's office
of the county where the property affected by the action or proceeding
is situated. The enforcement agency may charge the property owner
for any cost involved in recording the notice. The enforcement agency
shall reimburse the owner for any amount charged if the case is
dismissed or if the defendant is found innocent. The notice shall be
recorded at the time of the commencement of the action or proceeding.
It has the same effect as the notice of pendency of action provided
for in the Code of Civil Procedure.
   (b) The enforcement agency shall record a notice of final
disposition of any action or proceeding in the county recorder's
office where the property affected by the action or proceeding was
recorded immediately following final resolution of the action or
proceeding.



17986.  The county recorder with whom a notice of pendency of action
or proceeding is filed shall record and index it in the name of each
person to be specified in a direction subscribed by an officer of
the enforcement agency instituting the action or proceeding.



17987.  Any notice of pendency of action or proceeding may be
vacated upon the order of a judge of the court in which the action or
proceeding is pending. A certified copy of the order of vacation may
be recorded in the office of the recorder of the county where the
notice of pendency of action is recorded.



17988.  In any action or proceeding brought pursuant to this
article, service of summons is sufficient if served in the manner
provided in the Code of Civil Procedure.



17989.  Except under conditions immediately affecting health or
safety, every notice or order issued pursuant to this part shall be
served five days before the time for doing or refraining from doing
the thing to which it pertains.


17990.  The time to file a written pleading in response to a summons
in an action brought pursuant to this article is 10 days.



17991.  (a) The sale or other transfer of property to a third party
shall not render moot an administrative or judicial action or
proceeding pursuant to this article, including an action under
Section 17982, instituted by an enforcement agency, or a receiver on
behalf of an enforcement agency, against the owner of record on the
date a citation for, or other notice of, a violation of this part was
issued.
   (b) In the event of any sale or other transfer of property to a
third party during the period between the issuance of the notice of
violation and the abatement of the violation, or any administrative
or judicial actions related thereto, within five days after the sale
or transfer occurs, the transferor shall record a Notice of
Conveyance of Substandard Property with the county recorder where the
property is located, identifying the name and address of the buyer
or transferee and executed with a signature that the information is
true and correct, under penalty of perjury.
   (c) In the event of any sale of other transfer of property to a
third party during the period between the issuance of the notice of
violation and the abatement of the violation, or any administrative
or judicial actions related thereto, the transferor shall provide all
of the following information to the enforcement agency within five
days after the sale or transfer occurs:
   (1) If the seller or transferor is not an individual person, the
name, address, and driver's license number or identification card
number of each individual who has an interest in excess of 5 percent
in the entity which is selling or transferring the property.
   (2) If the buyer or transferee is an individual person, the name,
address, and driver's license number or identification number of that
individual.
   (3) If the buyer or transferee is not an individual person, the
name, address, and driver's license number or identification card
number of each individual who has an interest in excess of 5 percent
in the entity that is the buyer or transferee of the property.



17992.  Any person who obtains an ownership interest in any property
after a notice of pendency of an action or proceeding was recorded
with respect to the property pursuant to Section 17985 or any other
notice of a violation of this part was recorded with the county
recorder of the county in which the property is located, and where
there has been no withdrawal or expungement of the notice, shall be
subject to any order to correct a violation, including time
limitations, specified in a citation issued pursuant to Sections
17980 and 17981 or any other notice of a violation of this part that
was recorded with the county recorder of the county in which the
property is located.