HomeMy WebLinkAboutMINUTES - 07101990 - 1.64 1-064
TO: BOARD OF SUPERVISORS ��"s ....0_ Contra
FROM:
Costa
Phil Batchelor, County Administrator x ;a
County
DATE: July 3 , 1990 coS�q coi K�cT
SUBJECT: LEGISLATION: AB 1053 (Lempert)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Indicate that the Board of Supervisors continues to SUPPORT AB
1053 by Assemblyman Lempert which would substantially revise and
recast the remedies for abatement and prevention of nuisances
resulting from certain unlawful activity with controlled
substances.
BACKGROUND:
On February 13, 1990 the Board of Supervisors voted to support AB
1053 by Assemblyman Lempert as the bill was amended January 12,
1990. On June 1, 1990 the bill was substantially amended.
Existing law specifies remedies for abatement and prevention of
nuisances resulting from certain unlawful activity with
controlled substances. AB 1053 would substantially revise and
recast those provisions, primarily including the following
substantive changes:
1 . The bill would require prescribed notice of hearings on
actions affecting tenants to be given to the affected
tenants. If the action involves the eviction of the tenant
or the closure of the building where the tenant lives,
efforts would have to be made to provide personal service.
2. The bill would authorize the court, on an ex parte basis, to
grant temporary relief in the nature of a restraining order
CONTINUED ON ATTACHMENTYt-S__YES SIGNATURE:
yZ RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S): CA&&& /,� Z&' �;W�
ACTION OF BOARD ON July 10, 1990 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC: ATTESTED 0 Ig e
Please see Page 2. PHIL B CHELOR,ILERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
M382 (10188)
BY DEPUTY
when the defendant and any affected tenant have been
notified of the hearing and great or irreparable harm will
occur if the order is not issued.
3 . The bill would authorize the court to order closure of a
building or place where such a nuisance exists, without the
necessity of showing the failure of a prior order to abate,
when it is demonstrated that the nuisance activity poses a
severe and immediate threat to the public health or safety
and that remedies other than closure will not protect the
public health or safety. In no case may the total period of
closure pending trial exceed one year.
4. The bill would increase the maximum civil penalty assessable
against defendants in these actions from $25, 000 to $250,000
for defendants who have been defendants in an abatement
action filed under these same provisions of law within the
past five years and where the court found the same building
to be a nuisance.
5. The bill would exempt housing authorities from provisions
respecting building closure and removal of moveable objects.
6. The bill would authorize appointment of a receiver as an
alternative to closure of the building where the conditions
of the court's order are not satisfied in a timely manner.
7. The bill would expand existing law providing for a lien
against affected property for contempt fines and costs, to
also establish a lien for certain damages, receivership
expenses, civil penalties, relocation assistance, and costs
of removal and sale of moveable property.
AB 1053 appears to be consistent with the Board of Supervisors'
war on drugs in that it speeds up the ability of the court to
abate a nuisance involving a building used for unlawful purposes
involving controlled substances, while still protecting the
rights of all affected parties. As a result, it appears that it
would be appropriate for the Board to indicate its continued
support for AB 1053 .
AB 1053 passed the Assembly Judiciary Committee on May 24, 1989
by a vote of 8: 0. The bill passed the Assembly Ways & Means
Committee on June 20, 1989 by a vote of 22: 1 and the full
Assembly on June 26, 1989 by a vote of 66: 0. The bill was
scheduled to be heard in the Senate Judiciary Committee on July
3, 1990.
CC: Assemblyman Ted Lempert
County Administrator
District Attorney
Sheriff-Coroner
Public Defender
County Probation Officer
Health Services Director
Executive Director, Housing Authority
Superior Court Administrator
Municipal Court Administrator
Drug Program Administrator
Chairman, Drug Abuse Advisory Committee
Les Spahnn, SRJ. Jackson, Barish & Associates
I