Section 17060.2 Of Chapter 6. Violations From California Health And Safety Code >> Division 13. >> Part 1. >> Chapter 6.
17060.2
. (a) Notwithstanding any other provision of law, the
operator of employee housing shall provide a resident of every unit
in the employee housing with a written copy in English and Spanish of
every order or notice of violation issued by an enforcement agency
accompanied by an explanation of the owner's or operator's
anticipated response to the order or notice. Each notice shall also
advise the occupants of the right to a hardship deferral and the
procedure for obtaining this, as set forth in subdivision (c). These
copies may be provided by first-class mail or by posting a copy of
the notice in a prominent place on each residential unit.
(b) (1) (A) The enforcement agency shall not require the vacating
of all or any part of an accommodation unless it concurrently orders
the operator to provide for the relocation of the tenants consistent
with the requirements of Section 17062 prior to the date the vacating
is required and requires expeditious demolition or repair to comply
with this part, the building standards related to employee housing,
or other rules and regulations adopted pursuant to this part. Any
local government may, prior to January 1, 1994, enact a local
relocation ordinance that imposes requirements more stringent than
those contained in this section. The tenant or tenant association may
enforce the relocation remedies of this section, and the enforcement
agency, to the extent feasible, shall cooperate in these efforts.
The enforcement agency may require vacation and demolition or itself
vacate the building, repair or demolish the building, or institute
any other appropriate action or proceeding, if either of the
following occurs:
(i) The repair work is not done as scheduled or cannot be
completed within a reasonable period of time.
(ii) There is a significant threat to the residents' or public
health and safety.
(B) In any civil action brought by a private person or entity to
obtain relocation assistance pursuant to subparagraph (A), following
an enforcement agency's order to vacate all or any part of an
accommodation, and the failure to comply with the agency's order to
provide for the relocation of the tenants, the private person or
entity, if he, she, or it is the prevailing party, may be granted
reasonable attorney's fees and costs, in addition to any other remedy
granted.
(2) Prior to vacating and demolishing the accommodation, the
public agency shall exert every reasonable effort to obtain or cause
repairs. In addition, to the extent feasible, if the public entity
causes vacation of the accommodation, it shall cooperate in efforts
to obtain compensation from the owner or operator to compensate the
displaced residents for their relocation expenses, including rent
differentials.
(c) The enforcement agency or a court of competent jurisdiction
may, in cases of extreme hardship to tenants of employee housing,
provide for deferral of the effective date of orders of abatement.
Any deferral of the effective date of any order of abatement shall
include conditions, including, but not limited to, payment of rent to
an appropriate receiver, which will ensure progress towards
correcting defects, or assist in relocation of tenants prior to
closure of the employee housing.