California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 1 - State Housing Law Regulations and Earthquake Protection Law Regulations › Subchapter 1 - State Housing Law Regulations › Article 6 - Actions and Proceedings › Section 54 - Nuisances-Notices

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Whenever any building or portion thereof, has become
						substandard as described in Section 17920.3 or is a building as described in
						17920.10, of the Health and Safety Code, and when determined to be a nuisance
						as defined in Section 17920 of the Health and Safety Code by the enforcement
						agency, the following shall apply:
The enforcement agency shall notify the owner of the
						building and any mortgagee or beneficiary under any deed of trust, of record,
						as follows. The notice shall state the conditions causing the building to
						become substandard or in violation of Section 17920.10 of the Health and Safety
						Code, and shall order the building, or portion thereof, vacated and shall
						institute proceedings for the correction or abatement thereof, either by
						demolition, closing or repair, within 30 days after the date of the notice. If,
						in the opinion of the enforcement agency, these conditions can be corrected or
						abated by repair thereof, the notice shall state the repairs which will be
						required.
If the building is encumbered by a mortgage or deed of
						trust, of record, and the owner of the building has not complied with the order
						of the enforcement agency on or before the expiration of 30 days after the
						mailing and posting of the notice, the mortgagee or beneficiary under the deed
						of trust may, within 15 days after the expiration of the 30-day period, comply
						with the requirements of the order of the enforcement agency, in which event
						the cost to the mortgagee or beneficiary shall be added to, and become a part
						of, the lien secured by the mortgage or deed of trust, and shall be payable at
						the same time and in the same manner as may be prescribed in the mortgage or
						deed of trust for the payment of any taxes advanced or paid by the mortgagee or
						beneficiary for and on behalf of the owner.
If the order of the enforcement agency has not been
						complied with on or before the expiration of 45 days after the mailing and
						posting of the notice, the enforcement agency may institute an appropriate
						action or proceeding to correct or abate the condition, as would be taken to
						correct or abate any nuisance or any violation of any other provision of this
						article or, as an alternative procedure, the enforcement agency may institute
						proceedings for the abatement of the nuisance, after notice and hearing, before
						the governing board of the agency as follows.
1. Change
						without regulatory effect amending section filed 6-23-2004 pursuant to section
						100, title 1, California Code of Regulations (Register 2004, No.
						26).
Note: Authority cited: Sections 17003.5, 17921, 50061.5
						  and 50559, Health and Safety Code. Reference: Sections 17921, 17980 and 17985,
						  Health and Safety Code.