SECTIONS 4171-4181 - California Statutes

PUBLIC RESOURCES CODE

SECTION 4171-4181

4171. Any condition endangering public safety by creating a fire
hazard and which exists upon any property which is included within
any state reponsibility area is a public nuisance.

4172. Whenever the director determines that a public nuisance, as
defined in Section 4171, exists, he shall notify the owner of the
property to abate the public nuisance. If the owner is unknown, a
copy of the notice shall be posted upon the property.

4173. The board shall establish standards, based upon its
determination of conditions which create an unreasonable hazard to
life or property from fire, for what constitutes a hazardous
condition in those instances not covered by state law. Such standards
shall be established for each of the department's administrative
districts after public hearing for which ample publicity is given.

4174. The notice shall be in writing and shall do all of the
following:
(a) Describe the public nuisance.
(b) Specify the time within which the property owner is required
to abate the public nuisance.
(c) State that, unless the public nuisance is abated within the
time specified in the notice, the department may abate the public
nuisance and the costs of the abatement will be assessed against the
property.
(d) State that the property owner may, within 15 days after the
receipt or posting of the notice, request a hearing before the
director upon whether or not a public nuisance actually exists.

4175. If a property owner requests a hearing, the director shall
fix a time and a place for the hearing and notify the property owner.
At the time and place of the hearing, the property owner may appear
and be heard upon the question of whether or not a public nuisance
actually exists upon property which he owns. The hearing shall be
conducted in accordance with the provisions of Chapter 2 (commencing
with Section 11180), Part 1, Division 3, Title 2 of the Government
Code.

4176. If the director determines, at the conclusion of the hearing,
that a public nuisance actually exists upon property owned by the
property owner, he shall order the property owner to abate the public
nuisance within a specified time.

4177. If the public nuisance is not abated within the time
specified in the notice to the property owner pursuant to Section
4172 or, if a hearing is not requested by the property owner, within
the time specified in the order made by the director pursuant to
Section 4176, the department may abate the public nuisance.

4178. Any costs which are incurred by the department in abating any
public nuisance pursuant to this article are a lien upon the
property upon which the public nuisance existed when notice of the
lien is filed and recorded as provided in Section 4179.

4179. Notice of the lien, particularly identifying the property on
which the nuisance was abated and the amount of such lien, and naming
the owner of record of such property, shall be recorded by the
department in the office of the county recorder of the county in
which the property is situated within one year after the first item
of expenditures by the department or within 90 days after the
completion of the work, whichever first occurs. Upon such recordation
of the notice of lien, the lien shall have the same force, effect,
and priority as a judgment lien, except that it shall attach only to
the property described in such notice, and shall continue for 10
years from the time of recording of such notice unless sooner
released or otherwise discharged.

4179.5. The Attorney General may at any time release all or any
portion of the property subject to a lien imposed pursuant to
Sections 4178 and 4179 from the lien or subordinate such a lien to
other liens and encumbrances if he determines that the amount owed is
sufficiently secured by a lien on other property or that the release
or subordination of such lien will not jeopardize the collection of
such amount owed. A certificate by the Attorney General to the effect
that any property has been released from such lien or that such lien
has been subordinated to other liens and encumbrances shall be
conclusive evidence that the property has been released or that the
lien has been subordinated as provided in such certificate.

4180. An action to foreclose the lien shall be commenced by the
Attorney General in the name of the people of the State of California
within six months after the lien is filed and recorded.

4181. When the property is sold, enough of the proceeds to satisfy
the lien and the costs of the foreclosure shall be paid to the state.
The surplus, if any, shall be paid to the owner of the property, if
known, or if he is not known, shall be paid into the court in which
the lien was foreclosed for the use of the owner when he is
ascertained.