Current through the 2024 Legislative Session.
Section 25400.46 - Liability of property owners(a) A property owner who receives an order issued by a local health officer pursuant to Section 25400.22, or a property owner who owns property that is the subject of a notice posted pursuant to subdivision (i) of Section 25400.22, is liable for, and shall pay all of the following costs if it is determined that the property is contaminated: (1) The cost of any testing.(2) Any cost related to maintaining records with regard to the property.(3) The cost of remediating the property, including any decontamination or disposal expenses.(4) Any actual cost incurred by the local health officer or any other local or state agency resulting from the enforcement of this chapter and oversight of the implementation of the PSA work plan and the PSA report, with regard to that property.(b) A person who conducts methamphetamine or fentanyl laboratory activity on or at property subject to subdivision (a), and who is not the owner of that property, is liable for, and shall reimburse the owner of the property for, any cost that property owner may incur pursuant to subdivision (a).(c) The owner of a mobilehome, manufactured home, or recreational vehicle, in or about which a methamphetamine or fentanyl laboratory activity occurred, is liable for, and shall reimburse the owner of the real property on which the mobilehome, manufactured home, or recreational vehicle is located for, any cost the owner of the real property incurs pursuant to subdivision (a).Ca. Health and Saf. Code § 25400.46
Amended by Stats 2019 ch 691 (AB 1596),s 18, eff. 1/1/2020.Amended by Stats 2006 ch 789 (AB 2587),s 14, eff. 1/1/2007.Added by Stats 2005 ch 570 (AB 1078),s 1, eff. 1/1/2006.