RCRC is sponsoring Assembly Bill 632, authored by Assembly Member Gregg Hart (D-Santa Barbara). This measure would enhance local enforcement mechanisms for unlicensed cannabis activities, state housing law violations, and fire hazards by codifying existing caselaw regarding collection of administrative penalties through (ordinary priority) property liens and providing enhanced tools for collection of penalties associated with certain serious code violations.
Counties and cities are currently authorized to enforce local ordinances through several methods, including the imposition of administrative penalties. However, the existing penalty statutes were primarily designed for ordinary zoning and building violations, and these processes are not always well suited to addressing serious violations like large-scale illegal commercial cannabis operations. To strengthen enforcement mechanisms for local jurisdictions, AB 632 bolsters code enforcement in two ways.
First, the bill grants local agencies additional tools to collect penalties imposed for certain serious violations once the administrative review process is concluded. Specifically, penalties for these violations could be entered as a money judgment, thereby providing the full range of enforcement mechanisms available for judgment under the Code of Civil Procedure. This model is currently used in the Food and Ag. code for pesticide violations (among other things) and can be effective in cases where existing code enforcement mechanisms may be insufficient (such as “slumlords” or illicit cannabis operators whose assets are hidden). Given this mechanism is an enhanced penalty collections option, the enhanced authority is limited to serious violations, specifically, violations that pertain to cannabis, State Housing Law and laws pertaining to the safety of rental housing, and fire hazards.
Second, the bill simply codifies existing caselaw, to provide clarity and avoid unnecessary disputes regarding the ability of local governments to use ordinary priority liens to collect fines and penalties based on the broad authorization to adopt “procedures that shall govern the…collection” of administrative penalties, as well as their Constitutional police power. Although not explicitly mentioned in statute, this lien authority has been recognized by California case law as noted above. This measure addresses the potential for future litigation by explicitly establishing this authority.
For questions or additional information, contact RCRC Senior Policy Advocate, Sarah Dukett.