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AB-959 Park districts: regulations: nuisances: abatement.(2021-2022)

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Date Published: 02/17/2021 09:00 PM
AB959:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 959


Introduced by Assembly Member Mullin
(Coauthor: Senator Becker)

February 17, 2021


An act to add Section 5558.5 to the Public Resources Code, relating to park districts.


LEGISLATIVE COUNSEL'S DIGEST


AB 959, as introduced, Mullin. Park districts: regulations: nuisances: abatement.
Existing law prescribes procedures, including the election of a board of directors, for the formation of regional park districts, regional park and open-space districts, or regional open-space districts. Existing law authorizes 3 or more cities, together with any parcel or parcels of city or county territory, whether in the same or different counties, to organize and incorporate, but requires that all the territory in the proposed district be contiguous. Existing law requires the board of directors to superintend, control, and make available to all the inhabitants of the district all public recreation lands and facilities, as provided. Existing law authorizes the board to adopt regulations. Existing law provides that a violation of an ordinance, rule, or regulation adopted by the board is a misdemeanor punishable by a fine or imprisonment in the county jail, as provided.
This bill would authorize the board of directors to adopt regulations relating to nuisances and establish a procedure for the abatement of the nuisances, including administrative abatement. The bill would authorize the district to initiate a civil action to abate a nuisance. The bill would authorize a board of directors to, by regulation, provide for the recovery of costs incurred by the district in abating a nuisance, as provided.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 5558.5 is added to the Public Resources Code, to read:

5558.5.
 (a) (1) The board of directors may adopt regulations relating to nuisances and may establish a procedure for the abatement of the nuisance, including, but not limited to, administrative abatement.
(2) Section 5560 does not apply to the regulations adopted pursuant to this section.
(b) A district may initiate a civil action to abate a nuisance in the name of the district, and by the judgment in that action, the nuisance may be enjoined or abated as well as damages recovered, as provided in this section.
(c) The board of directors may, by regulation, provide for the recovery of costs incurred by the district in abating a nuisance, including any related administrative costs. The regulation adopted pursuant to this section may 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.