AMENDED IN SENATE AUGUST 19, 2025

AMENDED IN ASSEMBLY MAY 7, 2025

AMENDED IN ASSEMBLY APRIL 21, 2025

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

95

Introduced by Assembly Member Hart

(Coauthors: Assembly Members Pacheco and Papan)

February 13, 2025

An act to amend Section 53069.4 of the Government Code, relating to local government.

Vote: majority   Appropriation: no   Fiscal committee: no   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

Existing law authorizes the legislative body of a local agency, as defined, to, by ordinance, make any violation of an ordinance subject to an administrative fine or penalty. Existing law requires a local agency to set forth, by ordinance, the administrative procedures that govern the imposition, enforcement, collection, and administrative review of those administrative fines or penalties, as specified.

This bill would, for specified administrative fines or penalties, authorize a local agency to, subject to specified requirements, file a certified copy of a final administrative order or decision that directs payment of the administrative fine or penalty with the clerk of the superior court of any county, as specified, and require the clerk to enter judgment immediately in conformity with the decision or order. The bill would also authorize a local agency to, by ordinance, establish a procedure to collect administrative fines or penalties by lien upon the parcel of land on which the violation occurred if the ordinance meets specified requirements. The bill would specify that the remedies or penalties provided by these provisions are cumulative of the remedies or penalties available under any other law.

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

SECTION 1.

Section 53069.4 of the Government Code is amended to read:

53069.4.

(a) (1) The legislative body of a local agency, as the term “local agency” is defined in Section 54951, may by ordinance make any violation of any ordinance enacted by the local agency subject to an administrative fine or penalty. The local agency shall set forth by ordinance the administrative procedures that shall govern the imposition, enforcement, collection, and administrative review by the local agency of those administrative fines or penalties. Where the violation would otherwise be an infraction, the administrative fine or penalty shall not exceed the maximum fine or penalty amounts for infractions set forth in Section 25132 and subdivision (b) of Section 36900.

(2) (A) The administrative procedures set forth by ordinance adopted by the local agency pursuant to this subdivision shall provide for a reasonable period of time, as specified in the ordinance, for a person responsible for a continuing violation to correct or otherwise remedy the violation prior to the imposition of administrative fines or penalties, when the violation pertains to building, plumbing, electrical, or other similar structural or zoning issues, that do not create an immediate danger to health or safety.

(B) Notwithstanding subparagraph (A), the ordinance adopted by the local agency pursuant to this subdivision may declare commercial cannabis activity undertaken without a license as required by Division 10 (commencing with Section 26000) of the Business and Professions Code to be a public nuisance and provide for the immediate imposition of administrative fines or penalties for the violation of local zoning restrictions or building, plumbing, electrical, or other similar structural, or health and safety requirements if the violation exists as a result of, or to facilitate, the unlicensed cultivation, manufacturing, processing, distribution, or retail sale of cannabis for which a license is required. This subparagraph shall not be construed to apply to cannabis cultivation or activity that is lawfully undertaken pursuant to Section 11362.1 or 11362.5 of the Health and Safety Code, to commercial cannabis activity undertaken pursuant to a license under Division 10 (commencing with Section 26000) of the Business and Professions Code and applicable state regulations, or to a person exempt from licensure pursuant to Section 26033 of the Business and Professions Code.

(C) If a local agency adopts an ordinance that provides for the immediate imposition of administrative fines or penalties as allowed in subparagraph (B), that ordinance may impose the administrative fines and penalties upon the property owner and upon each owner of the occupant business entity engaging in unlicensed commercial cannabis activity and may hold them jointly and severally liable for the administrative fines and penalties.

(D) Administrative fines or penalties that are immediately imposed pursuant to an ordinance adopted under subparagraph (B) shall not exceed one thousand dollars ($1,000) per violation and shall not exceed ten thousand dollars ($10,000) per day. This subparagraph shall not be construed to limit the immediate imposition of larger fines that are otherwise authorized by applicable law and shall not be construed to limit administrative fines or penalties that are imposed after notice and a reasonable time to correct pursuant to subparagraph (A).

(E) An ordinance adopted pursuant to subparagraph (B) shall provide for a reasonable period of time for the correction or remedy of the violation prior to the imposition of administrative fines or penalties as required in subparagraph (A) if all of the following are true:

(i) A tenant is in possession of the property that is the subject of the administrative action.

(ii) The rental property owner or agent can provide evidence that the rental or lease agreement prohibits the commercial cannabis activity.

(iii) The rental property owner or agent did not know the tenant was engaging in unlicensed commercial cannabis activity for which a license was required and no complaint, property inspection, or other information caused the rental property owner or agent to have actual notice of the unlicensed commercial cannabis activity.

(F) A local agency that passes an ordinance pursuant to subparagraph (B) may refer cases involving unlicensed commercial cannabis activity to the Attorney General to undertake civil enforcement action pursuant to Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of, or Section 26038 of, the Business and Professions Code or any other applicable law.

(b) (1) Notwithstanding Section 1094.5 or 1094.6 of the Code of Civil Procedure, within 20 days after service of the final administrative order or decision of the local agency is made pursuant to an ordinance enacted in accordance with this section regarding the imposition, enforcement, or collection of the administrative fines or penalties, a person contesting that final administrative order or decision may seek review by filing an appeal to be heard by the superior court, where the same shall be heard de novo, except that the contents of the local agency’s file in the case shall be received in evidence. A proceeding under this subdivision is a limited civil case. A copy of the document or instrument of the local agency providing notice of the violation and imposition of the administrative fine or penalty shall be admitted into evidence as prima facie evidence of the facts stated therein. A copy of the notice of appeal shall be served in person or by first-class mail upon the local agency by the contestant.

(2) The fee for filing the notice of appeal shall be as specified in Section 70615. The court shall request that the local agency’s file on the case be forwarded to the court, to be received within 15 days of the request. The court shall retain the fee specified in Section 70615 regardless of the outcome of the appeal. If the court finds in favor of the contestant, the amount of the fee shall be reimbursed to the contestant by the local agency. Any deposit of the fine or penalty shall be refunded by the local agency in accordance with the judgment of the court.

(3) The conduct of the appeal under this section is a subordinate judicial duty that may be performed by traffic trial commissioners and other subordinate judicial officials at the direction of the presiding judge of the court.

(c) If no notice of appeal of the local agency’s final administrative order or decision is filed within the period set forth in this section, the order or decision shall be deemed confirmed.

(d) If the fine or penalty has not been deposited and the decision of the court is against the contestant, the local agency may proceed to collect the penalty pursuant to the procedures set forth in its ordinance.

(e) (1) (A) For an administrative fine or penalty described in paragraph (2), after the exhaustion of the administrative procedures provided in this section and expiration of the time to seek judicial review or conclusion of judicial review proceedings, as applicable, the local agency may file a certified copy of a final administrative order or decision of the local agency that directs the payment of an administrative fine or penalty and, if applicable, a copy of an order of the superior court rendered on an appeal from the local agency’s decision or denying a petition for a writ of administrative mandate with the clerk of the superior court of any county. Judgment shall be entered immediately by the clerk in conformity with the decision or order.

(B) Before making a filing under subparagraph (A), the local agency shall serve a notice of entry of judgment upon all parties named in the final administrative order or judicial decision in the manner set forth in subparagraph (B) of paragraph (3) of subdivision (f).

(2) This subdivision shall only apply to an administrative fine or penalty that is imposed for a violation of any of the following:

(A) Any law, regulation, or local ordinance regulating or prohibiting the cultivating, manufacturing, producing, processing, preparing, storing, providing, donating, selling, delivering, or distributing of cannabis or cannabis products, including, but not limited to, an ordinance adopted pursuant to Section 26200 of the Business and Professions Code.

(B) The State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13 of the Health and Safety Code) and regulations or ordinances adopted pursuant to that part, if the violation results in the building being substandard as described in Section 17920.3 of the Health and Safety Code.

(C) Any law, regulation, or local ordinance that ensures the habitability of rental housing, including, but not limited to, any law, regulation, or local ordinance that would also be a violation of Section 1941.1 of the Civil Code.

(D) (i) Any of the following laws or regulations relating to fire hazards:

(I) Chapter 2 (commencing with Section 4251) and Chapter 3 (commencing with Section 4291) of Part 2 of Division 4 of the Public Resources Code.

(II) Chapter 6.8 (commencing with Section 51175) of Part 1 of Division 1.

(III) Part 2 (commencing with Section 12500) of Division 11 of the Health and Safety Code.

(IV) Part 2 (commencing with Section 13100) of Division 12 of the Health and Safety Code.

(V) Section R337 of the California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations).

(VI) Parts II, IV, and V of the California Fire Code (Part 9 of Title 24 of the California Code of Regulations).

(VII) Chapter 12-7A of the California Referenced Standards Code (Part 12 of Title 24 of the California Code of Regulations).

(ii) Any regulations adopted pursuant to the laws in clause (i).

(iii) Any local ordinances implementing the laws or regulations in clause (i) or establishing substantially similar requirements for any lands, structures, or activities.

(f) The local agency may, by ordinance, establish a procedure to collect administrative fines or penalties imposed pursuant to this section by lien upon the parcel of land on which the violation occurred, provided that the ordinance meets all of the following requirements:

(1) The ordinance requires that all of the following shall occur before a notice of lien is served:

(A) The property owner is served with a notice of violation or other charging document for a violation of an ordinance adopted pursuant to subdivision (a).

(B) Any period of time to correct the violation required by this section or otherwise provided by local ordinance has expired.

(C) The property owner exhausts the administrative review procedures set forth in the local ordinance pursuant to subdivision (a), and the judicial review procedures available under either subdivision (b) or Sections 1094.5 and 1094.6 of the Code of Civil Procedure, or the time to pursue administrative or judicial review, have expired.

(2) The ordinance does not require prepayment or advance deposit of the administrative fines or penalties as a condition of pursuing administrative or judicial review. This paragraph does not prohibit imposition or collection of any filing or appeal fees that are otherwise authorized.

(3) (A) After the requirements of paragraph (1) are satisfied, the ordinance requires the property owner to be served with a notice of lien at least 20 days before the recordation of the lien.

(B) Notices under this paragraph may be served by first-class mail or personal service. In case of service by mail, the notice or other paper shall be deposited in a post office, mailbox, subpost office, substation, or mail chute, or other like facility regularly maintained by the United States Postal Service, in a sealed envelope, with postage paid, addressed to each party. Service by mail is complete at the time of the deposit in the mail facility, but any period of notice set forth in this paragraph or an ordinance adopted hereunder, and any right or duty to do any act or make any response within any period after service, shall be extended five calendar days, upon service by mail, if the place of address and the place of mailing is within the State of California, 10 calendar days if either the place of mailing or the place of address is outside the State of California but within the United States, 12 calendar days if the place of address is designated as a substitute mailing address by the Secretary of State’s address confidentiality program (Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1), and 20 calendar days if either the place of mailing or the place of address is outside the United States.

(4) For purposes of this subdivision, “property owner” includes the holder of any encumbrance on the property.

(g) Once a copy of the notice of lien, as described in paragraph (3) of subdivision (f), is recorded in the county recorder’s office, the lien shall have the same force, effect, and priority as a judgment lien.

(h) The remedies or penalties provided by this section are cumulative of the remedies or penalties available under other law.