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AB-650 Local government.(2003-2004)



Current Version: 10/12/03 - Chaptered

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AB650:v93#DOCUMENT

Assembly Bill No. 650
CHAPTER 863

An act to amend Section 5784.1 of the Public Resources Code, and to amend Section 13 of the County Water Authority Act (Chapter 545 of the Statutes of 1943), relating to local government.

[ Filed with Secretary of State  October 12, 2003. Approved by Governor  October 12, 2003. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 650, Plescia. Local government.
(1) Existing law requires that, notwithstanding the requirement that the board of directors of a recreation and park district consists of 5 members, the Board of Directors of the North Bakersfield Recreation and Park District shall be composed of 7 members.
This bill would delete that requirement concerning the North Bakersfield Recreation and Park District.
(2) Existing law provides for the formation of county water authorities and grants specified powers to those entities, including the authority to adopt regulations regarding its facilities, property, and rights-of-way. Existing law authorizes the board of directors, by ordinance, to make a violation of those regulations subject to an administrative fine.
This bill would authorize the board of directors of the authority, by ordinance and subject to certain requirements, to establish procedures for the abatement of encroachments that violate those regulations and to recover the costs of abatement by means of a lien with the status and priority of a judgment lien on the property that is subject to the easement or right-of-way from which the encroachment is abated. By increasing the duties of local public entities in connection with the imposition of liens, this bill would impose a state-mandated local program. (3) 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 no reimbursement is required by this act for a specified reason.

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


SECTION 1.

 Section 5784.1 of the Public Resources Code is amended to read:

5784.1.
 Notwithstanding any other provision of law, if on December 31, 2001, a member of the board of directors was elected or appointed as a voter of this state and is an owner of real property within the district, pursuant to the former Section 5783.3, that person may continue to serve on that board of directors for the remainder of the term for which he or she was elected or appointed, and that person may be elected or appointed to that board of directors in the future after that term ends, provided that the person continues to be a voter of this state and an owner of real property within the district.

SEC. 2.

 Section 13 of the County Water Authority Act (Chapter 545 of the Statutes of 1943) is amended to read:

Sec. 13.
 (a) All matters and things necessary for the proper administration of the affairs of the authority that are not provided for in this act shall be provided for by the board of directors of the authority by ordinance or resolution. Any action required by this act to be done by resolution may be done, with equal validity, by ordinance.
(b) (1) The board of directors of the authority may adopt regulations regarding its facilities, property, and rights-of-way. The board of directors, by ordinance, may make a violation of any regulation adopted pursuant to this subdivision subject to an administrative fine.
(2) The board of directors shall set forth, by ordinance or resolution, the administrative procedures that govern the imposition, enforcement, collection, and administrative review by the authority of those administrative fines.
(3) The amount of the administrative fine shall not exceed the maximum fine for infractions set forth in subdivision (b) of Section 25132 and subdivision (b) of Section 36900 of the Government Code. For the purpose of carrying out this subdivision, Section 53069.4 of the Government Code applies, except that any action required by that section to be taken by ordinance may be taken by resolution of the board of directors.
(c) The board of directors of the authority, by ordinance, may establish procedures for the abatement of encroachments that violate any regulation adopted pursuant to subdivision (b) and to recover the costs of abatement by means of a lien with the status and priority of a judgment lien on the property that is subject to the easement or right-of-way from which the encroachment is abated. These procedures shall provide for a reasonable period, specified in the ordinance, during which a person responsible for a continuing violation may abate the encroachment before the commencement of any abatement under this section. For the purposes of carrying out this subdivision, Section 38773.1 of the Government Code applies, except that any action required by that section to be taken by the legislative body shall be taken by the board of directors of the authority. The remedy authorized in this subdivision is cumulative to any other remedy authorized by law.

SEC. 3.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.