Code Section Group

Health and Safety Code - HSC

DIVISION 13. HOUSING [17000 - 19997]

  ( Division 13 enacted by Stats. 1939, Ch. 60. )

PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3]

  ( Part 1.5 added by Stats. 1961, Ch. 1844. )

CHAPTER 6. Violations [17995 - 17995.5]
  ( Chapter 6 added by Stats. 1961, Ch. 1844. )

17995.
  

Any person who violates any of the provisions of this part, the building standards published in the State Building Standards Code relating to the provisions of this part, or any other rule or regulation promulgated pursuant to the provisions of this part is guilty of a misdemeanor, punishable by a fine not exceeding one thousand dollars ($1,000) or by imprisonment not exceeding six months, or by both such fine and imprisonment.

(Amended by Stats. 1983, Ch. 1092, Sec. 162. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)

17995.1.
  

Any person who is convicted pursuant to Section 17995 for a second or subsequent time within a five-year period for violations at the same property shall be punishable by a fine not to exceed five thousand dollars ($5,000) or by imprisonment not exceeding six months, or both such fine and imprisonment.

(Added by Stats. 1982, Ch. 1545, Sec. 6.)

17995.2.
  

Any person found in contempt of a court order or injunction pursuant to the provisions of this part for a second or subsequent time within a five-year period for violation at the same property is guilty of a misdemeanor, punishable by a fine not to exceed five thousand dollars ($5,000) or by imprisonment not exceeding six months, or both such fine and imprisonment.

(Added by Stats. 1982, Ch. 1545, Sec. 7.)

17995.3.
  

Any person who is convicted pursuant to Section 17995 for a second or subsequent time within a five-year period for violations at the same property where such violations are determined by the trier of fact to be so extensive and of such a nature that the immediate health and safety of residents or the public is endangered and where the extent and nature of the violations are due to the defendant’s habitual neglect of customary maintenance and display a flagrant lack of concern for the health and safety of residents and the public, shall be punishable by a fine not exceeding five thousand dollars ($5,000) and by imprisonment of not less than six months but not exceeding one year, provided also that the trier of fact finds at least four serious violations of the following categories of violations are involved:

(a)  Termination, extended interruption or serious defects of gas, water or electric utility systems provided such interruptions or termination is not caused by the tenant’s failure to pay such gas, water or electric bills.

(b)  Serious defects or lack of adequate space and water heating.

(c)   Serious rodent, vermin or insect infestation.

(d)  Severe deterioration, rendering significant portions of the structure unsafe or unsanitary.

(e)  Inadequate numbers of garbage receptacles or service.

(f)  Unsanitary conditions affecting a significant portion of the structure as a result of faulty plumbing or sewage disposal.

(g)  Inoperable hallway lighting.

(Added by Stats. 1982, Ch. 1545, Sec. 8.)

17995.4.
  

Any person found in contempt of a court order or injunction pursuant to the provisions of this part for a second or subsequent time within a five-year period for violations at the same property where such violations are determined by the trier of fact to be so extensive and of such a nature that the immediate health and safety of residents or the public is endangered and where the extent and nature of the violations are due to the defendant’s habitual neglect of customary maintenance and display a flagrant lack of concern for the health and safety of residents and the public, shall be punishable by a fine not exceeding five thousand dollars ($5,000) and by imprisonment of not less than six months but not exceeding one year, provided also that the trier of fact finds at least four serious violations of the following categories of violations are involved:

(a)  Termination, extended interruption or serious defects of gas, water or electric utility systems provided such interruptions or termination is not caused by the tenant’s failure to pay such gas, water or electric bills.

(b)  Serious defects or lack of adequate space and water heating.

(c)   Serious rodent, vermin or insect infestation.

(d)  Severe deterioration, rendering significant portions of the structure unsafe or unsanitary.

(e)  Inadequate numbers of garbage receptacles or service.

(f)  Unsanitary conditions affecting a significant portion of the structure as a result of faulty plumbing or sewage disposal.

(g)  Inoperable hallway lighting.

(Added by Stats. 1982, Ch. 1545, Sec. 9.)

17995.5.
  

Fines collected pursuant to this part in excess of five hundred dollars ($500) per violation shall be reimbursed to the enforcement agency which investigated the violations.

(Added by Stats. 1982, Ch. 1545, Sec. 10.)

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