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SB-1416 Local government: nuisance abatement.(2017-2018)

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Date Published: 04/05/2018 04:00 AM
SB1416:v98#DOCUMENT

Amended  IN  Senate  April 04, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 1416


Introduced by Senator McGuire

February 16, 2018


An act to add Chapter 8 (commencing with Section 16551) to Part 1 of Division 7 of the Business and Professions Code, relating to business license fees. An act to amend, repeal, and add Sections 25845, 38773.1, and 38773.5 of the Government Code, relating to local government.


LEGISLATIVE COUNSEL'S DIGEST


SB 1416, as amended, McGuire. Business licenses: fees: fire inspections. Local government: nuisance abatement.
Existing law authorizes the legislative body of a city or county to establish a procedure to use a nuisance abatement lien or a special assessment to collect abatement costs and related administrative costs.
This bill would authorize, until January 1, 2024, the legislative body of a city or county to also collect fines related to the nuisance abatement using a nuisance abatement lien or a special assessment. The bill would require any fines or penalties related to nuisance abatement that are recovered pursuant to these provisions to be used for specified purposes relating to supporting local enforcement of state and local building and fire code standards.

Existing law authorizes the legislative body of an incorporated city to, in the exercise of its police power and for the purpose of regulation, license any kind of business not prohibited by law transacted and carried on within the limits of its jurisdiction. Existing law provides that the legislative body of a charter city, that fixes the rate of license fees upon a business operating both within and outside the legislative body’s taxing jurisdiction, levy a license fee so that the measure of the fee fairly reflects that proportion of the activity actually carried on within the taxing jurisdiction.

This bill would require a city, county, or city and county to collect an additional fee from any applicant for a local business license or equivalent instrument or, in a jurisdiction that does not issue a business license, to collect an additional fee from the applicant for a building permit, to be used by the city, county, or city and county to increase the proactive inspections of commercial buildings for compliance with state and local fire code and building code requirements. The bill would require the local entity to create a fund, entitled the Proactive Building and Fire Inspection Fund, in which to 90% of the fees collected under these provisions would be deposited. The remaining 10% of the fees collected would be remitted to the State Fire Marshal for deposit into the Fire Inspection Assistance Fund for use in advising local agencies on implementing a system of proactive inspections to facilitate compliance with state and local fire and building codes. The bill would require the local entity to make an annual report to the State Fire Marshal regarding the amount and use of the fees collected, as specified. By imposing additional duties upon local entities, this bill would impose a state-mandated local program.

This bill would make findings and declarations as to the need for proactive inspections for building and fire code violations.

This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIII A of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: TWO_THIRDSMAJORITY   Appropriation: NO   Fiscal Committee: YESNO   Local Program: YESNO  

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


SECTION 1.

 Section 25845 of the Government Code is amended to read:

25845.
 (a) The board of supervisors, by ordinance, may establish a procedure for the abatement of a nuisance. The ordinance shall, at a minimum, provide that the owner of the parcel, and anyone known to the board of supervisors to be in possession of the parcel, be given notice of the abatement proceeding and an opportunity to appear before the board of supervisors and be heard prior to before the abatement of the nuisance by the county. However, nothing in this section prohibits the summary abatement of a nuisance upon order of the board of supervisors, or upon order of any other county officer authorized by law to summarily abate nuisances, if the board or officer determines that the nuisance constitutes an immediate threat to public health or safety.
(b) In any action to abate a nuisance, whether by administrative proceedings, judicial proceedings, or summary abatement, the owner of the parcel upon which the nuisance is found to exist shall be liable for all costs of abatement incurred by the county, county and fines related to the nuisance abatement, including, but not limited to, administrative costs, and any and all costs incurred in the physical abatement of the nuisance. Recovery of costs pursuant to this section shall be in addition to and shall not limit any prevailing party’s right to recover costs pursuant to Sections 1032 and 1033.5 of the Code of Civil Procedure or any other provision of law.
(c) A county may, by ordinance, provide for the recovery of attorneys’ attorney’s fees in any action, administrative proceeding, or special proceeding to abate a nuisance. If the ordinance provides for the recovery of attorneys’ attorney’s fees, it shall provide for recovery of attorneys’ attorney’s fees by the prevailing party, rather than limiting recovery of attorneys’ attorney’s fees to the county if it prevails. The ordinance may limit recovery of attorneys’ attorney’s fees by the prevailing party to those individual actions or proceedings in which the county elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys’ attorney’s fees. In no action, administrative proceeding, or special proceeding shall an award of attorneys’ attorney’s fees to a prevailing party exceed the amount of reasonable attorneys’ attorney’s fees incurred by the county in the action or proceeding.
(d) If the owner fails to pay the costs of the abatement upon demand by the county, the board of supervisors may order the cost of the abatement to and fines related to the nuisance abatement to be specially assessed against the parcel. The assessment may be collected at the same time and in the same manner as ordinary county taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as are provided for ordinary county taxes. All laws applicable to the levy, collection, and enforcement of county taxes are applicable to the special assessment.
(e) If the board of supervisors specially assesses the cost of the abatement against the parcel, the board also may cause a notice of abatement lien to be recorded. The notice shall, at a minimum, identify the record owner or possessor of property, set forth the last known address of the record owner or possessor, set forth the date upon which that abatement of the nuisance was ordered by the board of supervisors and the date the abatement was complete, and include a description of the real property subject to the lien and the amount of the abatement cost.
(f) However, if the board of supervisors does not cause the recordation of a notice of abatement lien pursuant to subdivision (e), and any real property to which the costs of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or a lien on a bona fide encumbrancer for value has been created and attaches to that property, prior to the date on which the first installment of county taxes would become delinquent, then the cost of abatement shall not result in a lien against that real property but shall be transferred to the unsecured roll for collection.
(g) Recordation of a notice of abatement lien pursuant to subdivision (e) has the same effect as recordation of an abstract of a money judgment recorded pursuant to Article 2 (commencing with Section 697.310) of Chapter 2 of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure. The lien created has the same priority as a judgment lien on real property and continues in effect until released. Upon order of the board of supervisors, or any county officer authorized by the board of supervisors to act on its behalf, an abatement lien created under this section may be released or subordinated in the same manner as a judgment lien on real property may be released or subordinated.
(h) The board of supervisors may delegate the hearing required by subdivision (a), prior to before abatement of a public nuisance, to a hearing board designated by the board of supervisors. The hearing board shall make a written recommendation to the board of supervisors. The board of supervisors may adopt the recommendation without further notice of hearing, or may set the matter for a de novo hearing before the board of supervisors.
(i) The board of supervisors may, by ordinance, delegate to a hearing officer appointed pursuant to Section 27720 the powers and duties specified by this section.
(j) Fines and penalties related to nuisance abatement that are recovered pursuant to this section shall only be used to support local enforcement of state and local building and fire codes and municipal codes related to nuisances, and to facilitate compliance with state and local building and fire code standards, including through establishment of a revolving loan fund at the municipal level for rehabilitating substandard housing.
(k) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

SEC. 2.

 Section 25845 is added to the Government Code, to read:

25845.
 (a) The board of supervisors, by ordinance, may establish a procedure for the abatement of a nuisance. The ordinance shall, at a minimum, provide that the owner of the parcel, and anyone known to the board of supervisors to be in possession of the parcel, be given notice of the abatement proceeding and an opportunity to appear before the board of supervisors and be heard prior to the abatement of the nuisance by the county. However, nothing in this section prohibits the summary abatement of a nuisance upon order of the board of supervisors, or upon order of any other county officer authorized by law to summarily abate nuisances, if the board or officer determines that the nuisance constitutes an immediate threat to public health or safety.
(b) In any action to abate a nuisance, whether by administrative proceedings, judicial proceedings, or summary abatement, the owner of the parcel upon which the nuisance is found to exist shall be liable for all costs of abatement incurred by the county, including, but not limited to, administrative costs, and any and all costs incurred in the physical abatement of the nuisance. Recovery of costs pursuant to this section shall be in addition to and shall not limit any prevailing party’s right to recover costs pursuant to Sections 1032 and 1033.5 of the Code of Civil Procedure or any other provision of law.
(c) A county may, by ordinance, provide for the recovery of attorney’s fees in any action, administrative proceeding, or special proceeding to abate a nuisance. If the ordinance provides for the recovery of attorney’s fees, it shall provide for recovery of attorney’s fees by the prevailing party, rather than limiting recovery of attorney’s fees to the county if it prevails. The ordinance may limit recovery of attorney’s fees by the prevailing party to those individual actions or proceedings in which the county elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorney’s fees. In no action, administrative proceeding, or special proceeding shall an award of attorney’s fees to a prevailing party exceed the amount of reasonable attorney’s fees incurred by the county in the action or proceeding.
(d) If the owner fails to pay the costs of the abatement upon demand by the county, the board of supervisors may order the cost of the abatement to be specially assessed against the parcel. The assessment may be collected at the same time and in the same manner as ordinary county taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as are provided for ordinary county taxes. All laws applicable to the levy, collection, and enforcement of county taxes are applicable to the special assessment.
(e) If the board of supervisors specially assesses the cost of the abatement against the parcel, the board also may cause a notice of abatement lien to be recorded. The notice shall, at a minimum, identify the record owner or possessor of property, set forth the last known address of the record owner or possessor, set forth the date upon which abatement of the nuisance was ordered by the board of supervisors and the date the abatement was complete, and include a description of the real property subject to the lien and the amount of the abatement cost.
(f) However, if the board of supervisors does not cause the recordation of a notice of abatement lien pursuant to subdivision (e), and any real property to which the costs of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or a lien on a bona fide encumbrancer for value has been created and attaches to that property, prior to the date on which the first installment of county taxes would become delinquent, then the cost of abatement shall not result in a lien against that real property but shall be transferred to the unsecured roll for collection.
(g) Recordation of a notice of abatement lien pursuant to subdivision (e) has the same effect as recordation of an abstract of a money judgment recorded pursuant to Article 2 (commencing with Section 697.310) of Chapter 2 of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure. The lien created has the same priority as a judgment lien on real property and continues in effect until released. Upon order of the board of supervisors, or any county officer authorized by the board of supervisors to act on its behalf, an abatement lien created under this section may be released or subordinated in the same manner as a judgment lien on real property may be released or subordinated.
(h) The board of supervisors may delegate the hearing required by subdivision (a), prior to abatement of a public nuisance, to a hearing board designated by the board of supervisors. The hearing board shall make a written recommendation to the board of supervisors. The board of supervisors may adopt the recommendation without further notice of hearing, or may set the matter for a de novo hearing before the board of supervisors.
(i) The board of supervisors may, by ordinance, delegate to a hearing officer appointed pursuant to Section 27720 the powers and duties specified by this section.
(j) This section shall become operative on January 1, 2024.

SEC. 3.

 Section 38773.1 of the Government Code is amended to read:

38773.1.
 (a) The legislative body may by ordinance establish a procedure to collect abatement and related administrative costs and fines by a nuisance abatement lien. This ordinance shall require notice prior to before the recordation of the lien to the owner of record of the parcel of land or on which the nuisance is maintained, based on the last equalized assessment roll or the supplemental roll, whichever is more current.
(b) The notice shall be served in the same manner as summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. If the owner of record, after diligent search cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of 10 days and publication thereof in a newspaper of general circulation published in the county in which the property is located pursuant to Section 6062.
(c) A nuisance abatement lien shall be recorded in the county recorder’s office in the county in which the parcel of land is located and from the date of recording shall have the force, effect, and priority of a judgment lien.
(1) A nuisance abatement lien authorized by this section shall specify the amount of the lien, the name of the agency on whose behalf the lien is imposed, the date of the abatement order, the street address, legal description and assessor’s parcel number of the parcel on which the lien is imposed, and the name and address of the recorded owner of the parcel.
(2) In the event that the lien is discharged, released, or satisfied, either through payment or foreclosure, notice of the discharge containing the information specified in paragraph (1) shall be recorded by the governmental agency. A nuisance abatement lien and the release of the lien shall be indexed in the grantor-grantee index.
(3) A nuisance abatement lien may be foreclosed by an action brought by the city for a money judgment.
(4) Notwithstanding Section 6103, Section 27383, or any other provision of law, the county recorder may impose a fee on the city to reimburse the costs of processing and recording the lien and providing notice to the property owner. A city may recover from the property owner any costs incurred regarding the processing and recording of the lien and providing notice to the property owner as part of its foreclosure action to enforce the lien.
(d) Fines and penalties related to nuisance abatement that are recovered pursuant to this section shall only be used to support local enforcement of state and local building and fire codes and municipal codes related to nuisances, and to facilitate compliance with state and local building and fire code standards, including through establishment of a revolving loan fund at the municipal level for rehabilitating substandard housing.
(e) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

SEC. 4.

 Section 38773.1 is added to the Government Code, to read:

38773.1.
 (a) The legislative body may by ordinance establish a procedure to collect abatement and related administrative costs by a nuisance abatement lien. This ordinance shall require notice prior to the recordation of the lien to the owner of record of the parcel of land or which the nuisance is maintained, based on the last equalized assessment roll or the supplemental roll, whichever is more current.
(b) The notice shall be served in the same manner as summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. If the owner of record, after diligent search cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of 10 days and publication thereof in a newspaper of general circulation published in the county in which the property is located pursuant to Section 6062.
(c) A nuisance abatement lien shall be recorded in the county recorder’s office in the county in which the parcel of land is located and from the date of recording shall have the force, effect, and priority of a judgment lien.
(1) A nuisance abatement lien authorized by this section shall specify the amount of the lien, the name of the agency on whose behalf the lien is imposed, the date of the abatement order, the street address, legal description and assessor’s parcel number of the parcel on which the lien is imposed, and the name and address of the recorded owner of the parcel.
(2) In the event that the lien is discharged, released, or satisfied, either through payment or foreclosure, notice of the discharge containing the information specified in paragraph (1) shall be recorded by the governmental agency. A nuisance abatement lien and the release of the lien shall be indexed in the grantor-grantee index.
(3) A nuisance abatement lien may be foreclosed by an action brought by the city for a money judgment.
(4) Notwithstanding Section 6103, Section 27383, or any other provision of law, the county recorder may impose a fee on the city to reimburse the costs of processing and recording the lien and providing notice to the property owner. A city may recover from the property owner any costs incurred regarding the processing and recording of the lien and providing notice to the property owner as part of its foreclosure action to enforce the lien.
(d) This section shall become operative on January 1, 2024.

SEC. 5.

 Section 38773.5 of the Government Code is amended to read:

38773.5.
 (a) As an alternative to the procedure authorized by Section 38773.1, the legislative body may may, by ordinance ordinance, establish a procedure for the abatement of a nuisance and make the cost of abatement of a nuisance upon a parcel of land a special assessment against that parcel. abatement, including fines, a special assessment against that parcel of land on which the nuisance is maintained.
(b) A city may, by ordinance, provide for the recovery of attorneys’ attorney’s fees in any action, administrative proceeding, or special proceeding to abate a nuisance. If the ordinance provides for the recovery of attorneys’ attorney’s fees, it shall provide for recovery of attorneys’ attorney’s fees by the prevailing party, rather than limiting recovery of attorneys’ attorney’s fees to the city if it prevails. The ordinance may limit recovery of attorneys’ attorney’s fees by the prevailing party to those individual actions or proceedings in which the city elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys’ attorney’s fees. In no action, administrative proceeding, or special proceeding shall an award of attorneys’ attorney’s fees to a prevailing party exceed the amount of reasonable attorneys’ attorney’s fees incurred by the city in the action or proceeding.
(c) Any procedure established pursuant to this section shall include notice, by certified mail, to the property owner, if the property owner’s identity can be determined from the county assessor’s or county recorder’s records. The notice shall be given at the time of imposing the assessment and shall specify that the property may be sold after three years by the tax collector for unpaid delinquent assessments. The tax collector’s power of sale shall not be affected by the failure of the property owner to receive notice. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment. However, if any real property to which the cost of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to before the date on which the first installment of the taxes would become delinquent, then the cost of abatement shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection.
(d) A local agency that has imposed an assessment pursuant to this section may, subject to the requirements applicable to the sale of property pursuant to Section 3691 of the Revenue and Taxation Code, conduct a sale of vacant residential developed property for which the payment of that assessment is delinquent.
(e) Notices or instruments relating to the abatement proceeding or special assessment shall be entitled to recordation.
(f) Fines and penalties related to nuisance abatement that are recovered pursuant to this section shall only be used to support local enforcement of state and local building and fire codes and municipal codes related to nuisances, and to facilitate compliance with state and local building and fire code standards, including through establishment of a revolving loan fund at the municipal level for rehabilitating substandard housing.
(g) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

SEC. 6.

 Section 38773.5 is added to the Government Code, to read:

38773.5.
 (a) As an alternative to the procedure authorized by Section 38773.1, the legislative body may by ordinance establish a procedure for the abatement of a nuisance and make the cost of abatement of a nuisance upon a parcel of land a special assessment against that parcel.
(b) A city may, by ordinance, provide for the recovery of attorney’s fees in any action, administrative proceeding, or special proceeding to abate a nuisance. If the ordinance provides for the recovery of attorney’s fees, it shall provide for recovery of attorney’s fees by the prevailing party, rather than limiting recovery of attorney’s fees to the city if it prevails. The ordinance may limit recovery of attorney’s fees by the prevailing party to those individual actions or proceedings in which the city elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorney’s fees. In no action, administrative proceeding, or special proceeding shall an award of attorney’s fees to a prevailing party exceed the amount of reasonable attorney’s fees incurred by the city in the action or proceeding.
(c) Any procedure established pursuant to this section shall include notice, by certified mail, to the property owner, if the property owner’s identity can be determined from the county assessor’s or county recorder’s records. The notice shall be given at the time of imposing the assessment and shall specify that the property may be sold after three years by the tax collector for unpaid delinquent assessments. The tax collector’s power of sale shall not be affected by the failure of the property owner to receive notice. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment. However, if any real property to which the cost of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the cost of abatement shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection.
(d) A local agency that has imposed an assessment pursuant to this section may, subject to the requirements applicable to the sale of property pursuant to Section 3691 of the Revenue and Taxation Code, conduct a sale of vacant residential developed property for which the payment of that assessment is delinquent.
(e) Notices or instruments relating to the abatement proceeding or special assessment shall be entitled to recordation.
(f) This section shall become operative on January 1, 2024.

SECTION 1.

The Legislature finds and declares all of the following:

(a)On December 2, 2016, a catastrophic fire at an unpermitted live-work space and concert venue known as the “Ghost Ship” lead to 36 deaths in the City of Oakland.

(b)A report on the origin of the fire could not conclusively identify a cause, but some experts point at the building’s jury-rigged electrical system combined with the flammable nature of many of the materials inside.

(c)The National Fire Protection Association recommends as a best practice that fire agencies adopt a community risk reduction program to prevent or mitigate the loss of life, property, and resources from fire and life safety risks in the community. An important element of community risk reduction is a program of proactive inspections to identify structures that pose fire and life safety risks.

(d)It is in the state’s interest to prevent future calamities similar to the Ghost Ship fire by helping local agencies implement community risk reduction programs.

(e)Local officials are best positioned to carry out inspections due to their unique knowledge of local conditions and policies within their jurisdiction, assisted by the Office of the State Fire Marshal. But many local agencies lack the funds to support the inspections and other elements of community risk reduction programs.

(f)A small surcharge, levied at the time that business operators receive their business licenses, can make additional funds available to local agencies to identify risks and help achieve compliance.

SEC. 2.Chapter 8 (commencing with Section 16551) is added to Part 1 of Division 7 of the Business and Professions Code, to read:
8.Fire Inspection Fees
16551.

(a)Any applicant for a local business license or equivalent instrument or permit, and any applicant for the renewal of a business license or equivalent instrument or permit, shall pay an additional fee of ____ dollars ($____) for that license, instrument, or permit, which shall be collected by the city, county, or city and county that issued the license, instrument, or permit.

(b)In any city, county, or city and county that does not issue a business license or an equivalent instrument or permit, an applicant for a building permit shall pay an additional fee of ____dollars ($____) for that building permit, which the city, county, or city and county that issued the building permit shall collect.

(c)(1)In a city, county, or city and county in which fire prevention and protection services are performed by that jurisdiction, the city, county, or city and county shall retain 90 percent of the fees collected under this section. The city, county, or city and county shall deposit the moneys in a special fund, established by the city, county, or city and county to be known as the “Proactive Building and Fire Inspection Fund.” The moneys in the fund shall be used to increase proactive inspections of commercial buildings for compliance with state and local building and fire code requirements within that local jurisdiction and to facilitate compliance with state and local building and fire code standards.

(2)In a city, county, or city and county in which fire prevention and protection services are provided by a local agency other than the city, county, or city and county, ____ percent of the fees collected under this section shall be transferred to the local agency providing fire prevention and protection services. The city, county, or city and county shall retain ____ percent of the fees collected under this section and deposit the remaining moneys in a special fund, established by the city, county, or city and county to be known as the “Proactive Building and Fire Inspection Fund.” The moneys collected and distributed pursuant to this subdivision shall be used to increase proactive inspections of commercial buildings for compliance with state and local building and fire code requirements within the city, county, or city and county collecting the funds and to facilitate compliance with state and local building and fire code standards.

(d)The remaining amount of all fees collected under this section and not retained by local agencies pursuant to subdivision (c) shall be transmitted on a quarterly basis to the Office of the State Fire Marshal for deposit in the “Fire Inspection Assistance Fund,” which is hereby created in the state treasury. The Office of the State Fire Marshal shall develop and post on its Internet Web site a standard reporting form for use by all local jurisdictions. The funds in the Fire Inspection Assistance Fund shall be used to advise local agencies on how to implement a system of proactive inspections and to facilitate compliance with state and local building and fire code standards, which may include establishing a revolving loan fund to support projects that bring substandard dwelling units into compliance with applicable codes.

(e)Each city, county, or city and county shall make an annual report, commencing March 1, 2020, to the Office of the State Fire Marshal of the total fees collected in the previous calendar year and of its distribution, including the moneys spent on administrative services, the activities undertaken and moneys spent to increase proactive inspections of commercial buildings for compliance with building and fire codes, and the activities undertaken and moneys spent to fund programs to facilitate building and fire code compliance. A local agency that receives fees pursuant to paragraph (2) of subdivision (c) shall provide information pertaining to the expenditures of the fund upon request to the applicable city, county, or city and county.

SEC. 3.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.