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HomeMy WebLinkAboutNB 4 AB-160 02-21-89TO: FROM: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL WILLIAM A. HUSTON, CITY MANAGER SUBJECT: AB-160 . J Councilman Kelly placed this item on the agenda for consideration by the City Council. AB-160 is scheduled to be considered by the Assembly Housing and Community Development Committee on March 1, 1989. A copy of AB-160 is attached. WAH:jcs Attachment CAI.,I IA LEGISLATOBE--1989-90 REGULAR SFd ASSEMBLY BILL No. 160 Introduced by Assembly Member Mountjoy December 19, 1988 An act to amend Section 33394 of the Health and Safety Code, relating to redevelopment. LEGISLATIVE COUNSEL'S DIGEST AB 160, as introduced, Mountjoy. Redevelopment: eminent domain. Existing law prohibits a redevelopment agency from acquiring, without the owner's consent, real property on which an existing building is to be continued in its present form and use unless (1) the building requires structural alteration, improvement, modernization, or rehabilitation, (2) the site or lot on which the building is situated requires modification in size, shape, or use, or (3) it is necessary to impose on the property standards, restrictions, and controls of the redevelopment plan and-the owner fails or refuses to agree to participate in the redevelopment plan. This bill would, instead, prohibit redevelopment agencies from acquiring real property without the consent of the owner for any purpose other than publicly owned public facilities or improvements, unless the property constitutes a public nuisance or is maintained in violation of zoning ordinances, building or housing codes, or other health and safety laws. The bill would require the redevelopment agency to give the owner prescribed notice before commencing eminent domain proceedings and a reasonable opportunity to abate the nuisance or violations. The bill would specify that, for its purposes, property need not conform to zoning changes enacted pursuant to, or for the purpose of implementing, the redevelopment plan. 99 5O