527.11. (a) The owner or owner s agent of vacant real property may register the property with the local law enforcement agency using the form contained in subdivision (a) of Section 527.12.
(1) The registration shall be signed under penalty of perjury and state that the property is vacant and is not authorized to be occupied by any person.
(2) The registration shall be accompanied with a statement providing the name, address, and telephone number at which the owner can be contacted within a 24-hour period and a statement that either the law enforcement agency or a licensed private security services company has been retained to comply with the inspection and reporting provisions of this section, together with a copy of any agreement or contract to perform those services.
(b) The owner or the owner s agent shall register the vacant property no later than three days after the owner or owner s agent learns that the property is vacant.
(c) The owner or owner s agent, immediately after authorizing a person to occupy the vacant property, shall do both of the following:
(1) Issue a written authorization to the person authorized to occupy the property.
(2) Notify the law enforcement agency where the property is registered and terminate the registration.
(d) The owner or the owner s agent, immediately upon the sale of the vacant property, shall notify the law enforcement agency where the property is registered that the property has been sold, and to terminate the registration.
(e) The licensed private security services company or law enforcement agency selected by the owner or owner s agent pursuant to this section shall do both of the following:
(1) Inspect the vacant property not less than once every three days.
(2) Immediately notify the law enforcement agency with which the property is registered if any unauthorized person is found on the property.
(f) The law enforcement agency where the property is registered shall respond as soon as practicable after being notified pursuant to paragraph (2) of subdivision (e) that an unauthorized person is found on the property. The responding officer shall do all of the following:
(1) Verify that the property was inspected within the last three days pursuant to paragraph (2) of subdivision (e) and found to be vacant.
(2) Ascertain the identity of any person who is found on the property.
(3) Require a person who is found on the property to produce written authorization to be on the property or other evidence demonstrating the person s right to possession.
(4) Notify any person who does not produce written authorization or other evidence pursuant to paragraph (3) that the owner or owner s agent may seek to obtain a court order pursuant to subdivision (g) and that the person will be subject to arrest for trespass if the person is subsequently found on the property in violation of that order.
(5) Verify with the owner or the owner s agent that the property is vacant.
(g) (1) The owner or owner s agent of vacant real property may file an action for a temporary restraining order and injunctive relief against any person who is found on the vacant property not less than 48 hours after that person has been notified pursuant to paragraph (4) of subdivision (f). A person subject to a temporary restraining order or an injunction obtained pursuant to this subdivision is subject to arrest and imprisonment for trespass pursuant to Section 602.5 of the Penal Code for failing to vacate the property pursuant to the temporary restraining order or injunction and for civil contempt for violating a court order.
(2) The summons and complaint in an action brought pursuant to this subdivision may be served personally or by posting a copy of the summons and complaint at a prominent location on the property and mailing a copy of the summons and complaint to the property s address. Posting and mailing a copy of the summons and complaint shall be sufficient service even if the mailed copy is returned as undeliverable if the owner or owner s agent has proof of the mailing.
(3) The court may order a hearing on a temporary restraining order within three days following service of the summons and complaint. The date, time, and location of the hearing may be included with the summons and complaint or may be separately served on any person occupying the property in the manner set out in paragraph (2).
(4) The court may include in any temporary restraining order granted pursuant to this subdivision an order directing that the property be vacated in not less than 48 hours. The order may be enforced by the local law enforcement agency where the property is registered or the county sheriff.
(5) The disposition of any personal property of a person subject to a temporary restraining order or an injunction pursuant to this subdivision shall be governed by the procedures set forth in Chapter 5 (commencing with Section 1980) of Title 5 of Part 4 of Division 3 of the Civil Code. The person subject to the temporary restraining order or injunction shall be deemed to be a former tenant of the property for purposes of the disposition of personal property only.
(h) This section shall not be construed to limit an owner from seeking other legal remedies to have a person removed from the vacant property pursuant to any other law.
(i) A temporary restraining order or injunction ordering a person to vacate and remove personal property pursuant to this section shall not constitute a forcible entry under the provisions of Section 1159 of the Code of Civil Procedure.
(j) The local city council or board of supervisors shall establish fees for registering a vacant property with the local law enforcement agency and for the conduct of inspections by the law enforcement agency pursuant to this section, including all activities conducted by the law enforcement agency pursuant to subdivision (f).
(k) This section applies only to one- to four-unit residences in the Cities of Palmdale and Lancaster in the County of Los Angeles and the City of Ukiah in the County of Mendocino.
(l) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
(Added by Stats. 2014, Ch. 666, Sec. 2. Effective January 1, 2015. Repealed as of January 1, 2018, by its own provisions.)Section: Previous 527.3 527.6 527.7 527.8 527.85 527.9 527.10 527.11 527.12 528 529 529.1 529.2 530 531 Next
Last modified: September 9, 2016