HomeMy WebLinkAboutMINUTES - 03221994 - 1.48 TO': BOARD OF SUPERVISORS Contra
FROM:.
Phil Batchelor, County Administrator
Costa l
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County
DATE:
March 15, 1994
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SUBJECT: LEGISLATION': AB 3323 (Campbell) RE AUTHORIZING A FEE FOR
REPEAT SITE VISITS TO INSURE CODE VIOLATIONS HAVE BEEN
CORRECTED
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
ACKNOWLEDGE that,.the Board of Supervisors is the SPONSOR of AB 3323
by Assemblyman Campbell, which would authorize a county to impose
a fee in those cases where repeated site visits are required to get
a property owner' to correct a code violation and authorize the fee
to be collected on the property tax bill, rather than being imposed
as a lien on the property.
BACKGROUND:
One of the items on the Board' s 1994 Legislative Program is to
sponsor legislation which would authorize a fee to be charged in
cases where County staff must visit a property repeatedly to insure
that code violations have been corrected.
Assemblyman Campbell has introduced AB 3323 for this purpose. The
bill, as introduced, is only a "spot bill" . It will be amended
later to insert specific language which is being drafted by the
County Counsel ' s office.
Under current law, the Health Services Department has the authority
to charge a fee for code compliance enforcement and to. place a lien
on the property, if the fee is not paid in a timely manner.
However, this means that the fee is generally not collected until
the property is sold. We would prefer to have the fee attached to
the property tax bill so it can be collected at the same time as
the property taxes are collected. In addition, the authority to
impose such a fee needs to be extended to zoning violations,
building violations, littering violations and other similar code
violations .
CONTINUED ON ATTACHMENT: YES SIGNATURE:
— RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
L APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON Ma rrh ,7 7� 1 9 9 4 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 OONj�THE
,DATE SHOWN,
ATTESTED """- z of
Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF
cc: See Page 2 SUPERVISORS AND COUNTY ADMINISTRATOR
BY DEPUTY.
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Staff expect to have to make one or two site visits to determine
whether a code violation exists and to check afterwards to verify
that it has been corrected. However, there are some uncooperative
property owners who fail to correct or delay in correcting code
violations . As a result, repeated visits have to be made to the
property in order to evaluate whether any progress is being made.
In these cases, it seems appropriate to impose a fee covering the
cost of these additional site visits .
cc: County Administrator
Health Services Director
Director of Building Inspection
Community Development Director
County Counsel
John Gregory, Code Compliance Coordinator
Les Spahnn, Heim, Noack & Spahnn
J
CALIFORNIA LEGISLATURE-1993-94 REGULAR SESSION
ASSEMBLY BILL No. 3323
Introduced by Assembly Member Campbell
February 24, 1994
An act to amend Section 65909.5 of the Government Code,
relating to land use.
LEGISLATIVE COUNSEL'S DIGEST
AB 3323, as introduced, Campbell. Zoning: processing
fees.
Existing law authorizes the legislative body of any county
or city,,,including a charter city, to establish reasonable fees for
processing use permits, zoning variances, and zoning
changes, as required or authorized by state law or local
ordinance.
This' bill would specifically extend the legislative body's
authority to include establishing a fee for repeat field visits to
the site of an alleged violation of zoning regulations, in order
to insure compliance with those regulations.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
The people of the State of California do enact as follows.
I :SECTION 1. Section 65909.5 of the Government
2 Code is amended to read:
3 65909.5. The legislative body of any county or city,
4 including a charter city, may establish reasonable fees for
5 the processing of use permits, zone variances, or zone
6 changes pursuant to the procedures required or
7 authorized by this chapter or local ordinance, but the fees
8 shall not exceed the amount reasonably required to
9 administer the processing of such permits or zone
99 100
AB 3323 — 2 -
1
2 -1 variances. This authority includes the authority to
2 establish a fee for repeat field visits to the site of an
3 alleged violation of zoning regulations in order to ensure
4 compliance with those regulations. The fees shall be
5 imposed pursuant to Sections 66014 and 66016.
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AB 3323 —2-
1
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1 variances. This authority includes the authority to
2 establish a fee for repeat field visits to the site of an
3 alleged violation of zoning regulations In order to ensure
4 compliance with those regulations. The fees shall be
5 imposed pursuant to Sections 66014 and 66016.
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