Bill Text

Bill Information


PDF |Add To My Favorites | print page

AB-1447 Factory-Built Housing Law: fines.(2017-2018)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 03/31/2017 04:00 AM
AB1447:v98#DOCUMENT

Amended  IN  Assembly  March 30, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill
No. 1447


Introduced by Assembly Member Bonta

February 17, 2017


An act to amend Section 17910 19997 of the Health and Safety Code, relating to housing.


LEGISLATIVE COUNSEL'S DIGEST


AB 1447, as amended, Bonta. State Housing Law. Factory-Built Housing Law: fines.
The California Factory-Built Housing Law requires, among other things, that the Department of Housing and Community Development adopt rules and regulations pertaining to factory-built housing, as defined, including building standards. That law establishes misdemeanor penalties, including a fine of up to $1,000, for a violation of its provisions, a building standard published in the State Building Standards Code relating to factory-built housing, or any other rules or regulations adopted by the department implementing that law.
This bill would increase the maximum amount of a fine imposed under these provisions from $1,000 to $10,000.

The State Housing Law establishes statewide construction and occupancy standards for buildings used for human habitation. That law requires the building department of every city or county to enforce within its jurisdiction the provisions of the State Building Standards Code, the provisions of the State Housing Law, and the other rules and regulations.

This bill would make nonsubstantive changes to that law.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 19997 of the Health and Safety Code is amended to read:

19997.
 (a) Any person who violates any of the provisions of this part, a building standard published in the State Building Standards Code relating to factory-built housing, or any other rules or regulations adopted pursuant to this part is guilty of a misdemeanor, punishable by a fine not exceeding one ten thousand dollars ($1,000) ($10,000) or by imprisonment not exceeding 30 days, or by both that fine and imprisonment.
(b) (1) For violations of Section 19980, 19991.3, or 19991.4, the department shall assess civil penalties in a range between two hundred fifty dollars ($250) and two thousand dollars ($2,000). When determining the amount of the assessed civil penalty, the department shall take into consideration whether one or more of the following or similar circumstances apply:
(A) The citation includes multiple violations.
(B) The cited person has a history of violations of the same or similar provisions of this part and the regulations promulgated under this part.
(C) In the judgment of the department, the person has exhibited bad faith or a conflict of interest.
(D) In the judgment of the department, the violation is serious or harmful.
(E) The citation involves a violation perpetrated against a senior citizen, veteran, or person with disabilities.
(F) There is exculpatory evidence that, in the judgment of the department, is material to the elements of the current violation for which the citation is being issued and is significantly related to the degree of fault.
(2) If a citation lists more than one violation and each of the violations relates to the same manufacturing facility or client, the total penalty assessment in each citation shall not exceed ten thousand dollars ($10,000).
(3) If a citation lists more than one violation, the amount of assessed civil penalty shall be stated separately for each section violated.
(4) Appeals procedures shall be the same as those provided under subdivisions (c) to (e), inclusive, of Section 18021.7.
(c) Nothing in this section is intended to preclude remedies available under other provisions of law.

SECTION 1.Section 17910 of the Health and Safety Code is amended to read:
17910.

This part shall be known, and may be cited, as the State Housing Law.