California Assembly Bill AB2664 Amended / Bill

 BILL NUMBER: AB 2664AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 14, 2010 INTRODUCED BY Assembly Member Chesbro FEBRUARY 19, 2010 An act to add Sections 6224.3, 6224.4, and 6224.5 to the Public Resources Code, relating to public lands. LEGISLATIVE COUNSEL'S DIGEST AB 2664, as amended, Chesbro. Public lands: State Lands Commission: violations. Existing law establishes the State Lands Commission in the Natural Resources Agency. Under existing law, the commission classifies state land for its different possible uses and has jurisdiction over various state lands. This bill would prohibit a person from constructing, placing, maintaining, owning, using, or possessing a structure or facility on land under the commission's jurisdiction, unless  a   all  necessary  easement, lease, permit, or   easements, leases, permits, and  other  instrument   instruments  required by law that  authorizes   authorize  the construction, design, placement, maintenance, ownership, use, or possession of the structure or facility  has   have  been obtained. This bill would establish a civil penalty or fee for  a  violation of that provision. A person who violates that provision would either be liable for a penalty of not more than $1,000 a day or assessed a monthly use and occupancy fee that is not more than 60% higher than  the  full fair market rental for each day that a violation occurs. The bill would state criteria for determining the appropriate penalty or fee. The bill  would also  , among other things,  also would  establish procedures to enjoin such activity, remove a violating structure or facility, and serve notice of any violation. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 6224.3 is added to the Public Resources Code, to read: 6224.3. (a) A person shall not construct, place, maintain, own, use, or possess a structure or facility on land under the commission' s jurisdiction unless  a necessary easement, lease, permit, or other instrument   all necessary easements, leases, permits,   and other instruments  required by law that  authorizes   authorize  the construction, design, placement, maintenance, ownership, use, or possession of the structure or facility  has   have  been obtained. (b) A person who violates subdivision (a) shall either be liable for a penalty of not more than one thousand dollars ($1,000) a day or assessed a monthly use and occupancy fee that is not more than 60 percent higher than  the  full fair market rental for each day that a violation occurs. (c) In determining the appropriate penalty or fee described in subdivision (b), the commission shall consider all of the following factors: (1) The physical extent of the violation on the land under the commission's jurisdiction. (2) The degree of culpability of the violator. (3) The degree of cooperation of the violator. (4) The past history of the violator in taking all feasible steps or procedures necessary or appropriate to correct a violation. (5) The violator's prior violations of statutes, rules, orders, or leases pertaining to lands under the commission's jurisdiction. (6) The impact the violation causes on the environment to public access, the public trust, or other property interests under the commission's jurisdiction. (7) Any matters relevant to a fair and just result. (8) Any other factors determined by the commission to be relevant and consistent with the policy of the commission. (d) The penalty and fee described in this section shall be imposed from the first day of the violation to the day the violation ends. (e) If the penalty or fee described in this section is not paid within the time allowed under the final order, interest shall accrue at the rate prescribed by Section 6224. The final order may be recorded with the county clerk in any county of this state and shall have the same force, effect, and priority as a judgment lien. (f) The commission may enjoin a person who violates subdivision (a) from continuing that violation. (g) The commission may require a person who violates subdivision (a) to remove the structure or facility at the person's own expense. If the violator refuses to remove the structure or facility, or if the violator cannot be located, the commission may, at its own expense, remove the structure or facility from the land under the commission's jurisdiction. The commission may pursue whatever legal remedies are available to recover the removal costs from the violator, including placing a lien on the assets of the violator. (h) The commission may elect to take ownership of the structure or facility as a fixture and may exercise the state's rights as owner of the structure or facility. (i) For the purposes of this section, a structure or facility shall include, but is not limited to, buildings, boat houses, docks, piers, revetment, fill, pilings, pipelines, groins, jetties, sea walls, breakwaters, and bulkheads. (j) The remedies provided in this section shall be obtained by the commission through administrative action or by the Attorney General through civil action. If the Attorney General prevails in a civil action for a violation of this section, the state shall be awarded attorney's fees and costs. (k) The remedies provided by this section are in addition to and not in lieu of any other penalty or sanction provided by law. (l) The commission may adopt regulations necessary or useful to carry out this section. SEC. 2. Section 6224.4 is added to the Public Resources Code, to read: 6224.4. (a) If the commission elects to pursue any of the remedies provided under Section 6224.3 through an administrative action, the commission shall first provide a 30-day notice to the person against whom it seeks to impose any of the remedies. The notice shall include all of the following: (1) The date, time, and location of the commission hearing where the person may appear and be heard. (2) A statement of the authority and jurisdiction under which the hearing is to be held. (3) A reference to the particular sections of the statutes and rules involved. (4) A short and plain statement of the matters asserted or charged, including a description of the violation complained of with reasonable certainty as to its character and location. (5) A statement indicating whether and under what circumstances an order by default may be entered. (b) In lieu of personal service, service of notice may be made by registered mail and by posting a copy of the notice on the structure or facility that is in violation of subdivision (a) of Section 6224.3. (c) If the person fails to appear at the noticed hearing, the commission may make a final order. (d) A hearing may be scheduled as a regular calendar item at a properly noticed commission meeting. SEC. 3. Section 6224.5 is added to the Public Resources Code, to read: 6224.5. If, at the time this section is enacted, a person is in violation of subdivision (a) of Section 6224.3, that person shall have six months to remedy the violation or have a completed lease application with all fees and costs submitted to the commission without being subject to a penalty or fee. The remedy may include, but is not limited to, entering into an appropriate lease with the commission or adequately removing the structure or facility.