AB 2557

Bill Subjects

Abstract

Existing law, until January 1, 2013, requires a legal owner to maintain vacant residential property purchased or acquired through foreclosure. Existing law also authorizes a governmental entity to impose civil fines for failure to maintain that property of up to $1,000 per day for a violation, after notice and an opportunity to correct the violation is given. This bill would, until January 1, 2016, authorize a person whose property is in Los Angeles County and who is injuriously affected or whose enjoyment is lessened by a property owner's violation of those property maintenance provisions to bring an action for injunctive relief. The bill would require a person who seeks an injunction to provide the legal owner by mail a written description of the conditions that gave rise to the violation, and identify the person's intent to seek an injunction if action to correct the violation is not commenced and completed within a specified period of time. The bill would authorize an action to be brought either in a small claims court or the Superior Court of Los Angeles County. The bill would also authorize a prevailing plaintiff to recover court costs and reasonable attorney's fees if the action is brought in the superior court. Existing law provides for abatement of substandard conditions in buildings and authorizes an enforcement agency to issue an order or notice to repair or abate violations of specified building standards. Under existing law, if the owner of a property with substandard conditions fails to comply within a reasonable time period with the terms of the order or notice, 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. This bill would also authorize any district attorney, county counsel, or city attorney with jurisdiction over the substandard building, acting in the name of the people, to seek a court order for the appointment of a receiver for the substandard building.