DECLARATION OF PUBLIC NUISANCE; ISSUANCE OF ADMINISTRATIVE ENFORCEMENT ORDER Presented by:
Jesse Villegas,
Code Enforcement Officer
ASSEMBLY BILL 1418
Approved by Governor October 08, 2023. Filed with Secretary of State October 08, 2023.
Article 10. Prohibition on Penalties Against Tenants and Landlords for Law Enforcement Contact or Emergency Services The bill would include findings that address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
DECLARATION OF PUBLIC NUISANCE; ISSUANCE OF ADMINISTRATIVE ENFORCEMENT ORDER Visalia Municipal Code 8.40.060 (C) is currently not in compliance with Assembly Bill No 1418 as it currently states that properties can be designated as a nuisance property by the number of police/fire calls generated in a calendar year
CORRECTIONS MADE TO BE IN COMPLIANCE
Remove verbiage- The number of police/fire calls generated in a calendar year.
Added verbiage- Visalia Municipal Code violations per unit over a six-month period involving matters that would constitute a nuisance pursuant to Part 3 (commencing with Section 3479) of Division 4 of the Civil Code.
REVISED CODE
New Section 8.40.060 (C)
C. Management quality standards. The following items shall constitute reasonable basis for the enforcement officer to believe that a property is not being properly managed or maintained. The existence of any of these circumstances shall justify an inspection of the property by the enforcement officer. In addition, violation of these standards may be used as evidence that a public nuisance exists.
1. For an individual residential unit, whether the unit is a standalone residence or part of a multi- family complex, more than six Visalia Municipal Code violations have been issued over a one-year period involving matters that would constitute a nuisance pursuant to Part 3 (commencing with Section 3479) of Division 4 of the Civil Code .
2. For a complex or building containing multiple residential units, more than a monthly average of .20 Visalia Municipal Code violations per unit over a six-month period involving matters that would constitute a nuisance pursuant to Part 3 (commencing with Section 3479) of Division 4 of the Civil Code.
THANK YOU!