§ 8704.2. — 8704.2. (Amended by Stats. 2014, Ch. 489, Sec. 2.)

California § 8704.2.

• Jurisdiction: California
• Code WAT: Water Code - WAT
• Div. 5.: DIVISION 5. FLOOD CONTROL
• Part 4.: PART 4. THE CENTRAL VALLEY FLOOD PROTECTION BOARD
• Ch. 3.: CHAPTER 3. Powers, Duties and Jurisdiction
• Art. 6.: ARTICLE 6. Enforcement of Unauthorized Activities and Encroachments

Text

(a)
Pursuant to subdivision (f) of Section 8701.4, the board or the board’s designee shall have the authority to record a lien with the county recorder in the county of this state where the person’s or agency’s property responsible for the violation is located, to recover any and all of the following:
(1)
Costs incurred in abating, removing, and restoring a violation, including, but not limited to, costs incurred in seeking modification, removal, abatement, or restoration pursuant to this part.
(2)
Costs incurred in the summary abatement of emergencies.
(3)
Attorney’s fees associated with
actions to enforce this part.
(b)
A lien recorded pursuant to this section shall have the same force, effect, and priority as a judgment lien.
(c)
Before recording a lien, the board shall provide notice and an opportunity for a hearing to contest the amount of the lien.
(1)
Notice shall be provided at least 20 days before the hearing pursuant to Section 8703.
(2)
The hearing required by this section may be satisfied by an enforcement order hearing pursuant to Section 8701.4 or, in the summary abatement of emergencies, a hearing pursuant to Section 8708.

Legislative History

Amended by Stats. 2014, Ch. 489, Sec. 2. (SB 1345) Effective January 1, 2015.