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AB-2485 Code enforcement: financially interested parties.(2017-2018)

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Date Published: 04/16/2018 09:00 PM
AB2485:v98#DOCUMENT

Amended  IN  Assembly  April 16, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2485


Introduced by Assembly Member Chau

February 14, 2018


An act to add Chapter 21 (commencing with Section 26250) to Division 20 of the Health and Safety Code, relating to code enforcement.


LEGISLATIVE COUNSEL'S DIGEST


AB 2485, as amended, Chau. Code enforcement: financially interested parties.
Existing law provides for code enforcement officers employed by cities and counties who have enforcement authority for health, safety, and welfare requirements. Existing law also provides for county and city health officers to enforce orders and ordinances of the governing body of the county or city, or state statutes pertaining to public health.
This bill would prohibit a code enforcement officer or local health officer of a city, county, or city and county from being accompanied by a financially interested individual, as defined, when inspecting a commercial building or commercial property or activity at that building or property. local official, as defined, who inspects a commercial property or business for compliance with a state statute or regulation or local ordinance from being accompanied during the inspection by a person with a potential financial interest in the outcome of the inspection, as defined, unless the person is the owner of the property or business, is the agent or representative of the owner, or has an existing contract, as specified.
The bill would include findings that this bill addresses a matter of statewide concern rather than a municipal affair.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Chapter 21 (commencing with Section 26250) is added to Division 20 of the Health and Safety Code, to read:
CHAPTER  21. Prohibition on Financially Interested Individuals in Local Inspections
26250.

(a)A code enforcement officer of a city, county, or a city and county or a local health officer of a city, county, or city and county shall not be accompanied by a financially interested individual when inspecting a commercial building or commercial property or activity at that building or property.

(b)For purposes of this section, all of the following definitions shall apply:

(1)“Code enforcement officer” means a code enforcement officer as defined in Section 829.5 of the Penal Code.

(2)“Financially interested individual” means an individual who has a financial interest to remediate any code violations found in the course of the inspection by offering to provide or providing his or her services or who makes or will make a referral payment or other compensation to a public officer of that city, county, or city and county for recommending the services of that individual or finding potential customers for that individual.

(3)“Local health officer” means a county health officer described in Article 1 (commencing with Section 101025) of Chapter 2 of Part 3 of Division 101 or a city health officer described in Article 4 (commencing with Section 101450) of Chapter 4 of Part 3 of Division 101, or the designated agent of those officers.

26250.
 (a) A local official who inspects a commercial property or business for compliance with a state statute or regulation or local ordinance shall not, during the inspection, be accompanied by a person with a potential financial interest in the outcome of the inspection, unless the person is any one of the following:
(1) The owner of the property or business.
(2) The agent or representative of the owner of the property or business.
(3) A person who has an existing contract with the local government of the local official to provide inspection, abatement, or remediation services for that particular inspected property or business.
(b) For purposes of this section, the following definitions shall apply:
(1) “Agent or representative” may include, but is not limited to, a licensed contractor that is performing work on, or has completed work on, the commercial property or business that is the subject of the inspection.
(2) “Local official” means a code enforcement officer, as defined in Section 829.5 of the Penal Code, of a city, county, or a city and county, a county health officer described in Article 1 (commencing with Section 101025) of Chapter 2 of Part 3 of Division 101, a city health officer described in Article 4 (commencing with Section 101450) of Chapter 4 of Part 3 of Division 101, or the designated agent of those health officers.
(3) “Person with a potential financial interest in the outcome of the inspection” is any of the following:
(A) A person who offers to remediate for compensation potential violations of a state statute or regulation or local ordinance found in the course of an inspection by a local official.
(B) A person who offers to provide or provides compensation to a local official in exchange for recommending the remediation services of a specific person, providing the contact information for those services to the owner or agent of the owner of the premises or business inspected, or providing the name of the owner of the property or business or agent or representative of the owner to the person who offers the remediation services.

SEC. 2.

 The Legislature finds and declares that Section 1 of this act adding Section 26250 to the Health and Safety Code addresses a matter of statewide concern, rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution.