Section 17060 Of Chapter 6. Violations From California Health And Safety Code >> Division 13. >> Part 1. >> Chapter 6.
17060
. (a) Any employee housing which does not conform to this
part, building standards published in the State Building Standards
Code relating to employee housing, the other regulations adopted
pursuant to this part, or conditions of the permit, is a public
nuisance and, if not made to conform within five days or within a
longer period of time, not to exceed 30 days, which may be allowed by
the enforcement agency after written notice, shall be abated by
proper action brought in the superior court of the county in which
the employee housing or greater portion thereof is situated. Where
inspection verifies that the owner or operator of employee housing is
proceeding with reasonable diligence, or where conditions beyond the
control of the owner or operator prevent conformance, the
enforcement agency may grant time extensions not to exceed 30 days in
duration. No more than two of these extensions shall be allowed by
the enforcement agency prior to initiation of action to abate the
public nuisance.
(b) Any violation of this part, building standards published in
the State Building Standards Code relating to employee housing, the
other regulations adopted pursuant to this part, or the provisions of
the permit which constitute an immediate or material hazard to the
health or safety of the occupants of employee housing, shall be
remedied within five days after written notice by the enforcement
agency, or shorter time in case of emergency. In the event of failure
to comply with this section, the Attorney General, or the attorney
for the enforcement agency, shall, by verified complaint setting
forth the facts, apply to the superior court for an order granting
the relief for which the action or proceeding is brought until the
entry of a final judgment or order.
(c) The superior court may make any order for which application is
made pursuant to this section.
(d) In any action or proceeding brought pursuant to this part,
service of summons is sufficient if served in the manner provided in
the Code of Civil Procedure.
(e) (1) Any enforcement agency which institutes an action or
proceeding pursuant to this section shall, at the time of filing the
action or proceeding, record in the office of the recorder of the
county or counties in which the property affected by the action or
proceeding is situated, a notice of the pendency of the action or
proceeding.
(2) The enforcement agency may charge the property owner for any
costs involved in recording the notice and shall reimburse the owner
for any amount charged if the action or proceeding is dismissed or if
judgment is rendered for the property owner.
(f) The notice recorded pursuant to subdivision (e) shall be
withdrawn by the enforcement agency by recording in the office of the
county recorder, in the county or counties in which the notice was
recorded, a notice of withdrawal within five days following
satisfaction of a court order or other resolution of the action or
proceeding.
(g) In any action or proceeding brought pursuant to this part, it
is not necessary for the complainant to provide or file any
undertaking or bond for the issuance of any preliminary or permanent
injunction. In addition, it is not necessary for a complainant to
allege or prove actual damages or the threat thereof, or actual
injury or the threat thereof, to the plaintiff, so long as a
violation of this part is alleged and proven.