No. SB 588
Filed under Local Government.
Local Government Enforcement Actions; Prohibiting certain enforcement actions by counties, municipalities, and special districts, respectively; defining the term “enforcement action”; requiring counties, municipalities, and special districts, respectively, to establish and maintain rules; authorizing filing of legal action and providing legal remedies in certain circumstances, etc.
Plain English Summary
AI-GENERATEDA new law lets anyone facing a county, municipal, or special district enforcement action -- an inspection, citation, permit denial, or similar order -- sue if a court finds the action arbitrary or unreasonable.
Before suing, the target must first request an internal review; the government has 30 days to respond in writing, and must adopt written rules for handling these requests.
Winning plaintiffs get attorney fees, up to $50,000 in damages per incident, and can get a court order stopping the government's action -- and this becomes the only legal route for such a challenge.
Anyone, including a government employee, who reports an arbitrary enforcement action in good faith is protected from retaliation under the state's whistleblower law.
AICovers any decision, determination, demand, inspection, citation, order, denial, interpretation, or other regulatory action by a county, municipality, or special district or its employees -- the definition lists no exceptions for routine government functions.
AIA county, municipality, or special district, including its employees, may not initiate or threaten an enforcement action that a court later finds arbitrary or unreasonable -- creating a private right of action reaching all three levels of local government.
AIA court that finds an enforcement action arbitrary or unreasonable must award the prevailing plaintiff attorney fees and costs, may award up to $50,000 in actual damages per occurrence, and may enjoin the government from continuing the action.
AIThis process becomes the sole legal avenue for challenging an arbitrary or unreasonable enforcement action, and any local ordinance or rule that conflicts with it -- including existing appeal procedures -- is void to that extent.
AIAnyone facing an enforcement action can demand a review; the government must respond in writing within 30 days, and must adopt standing rules for handling these review requests, or the requester may go straight to court.
AIA person or employee who reports, in good faith, an arbitrary or unreasonable enforcement action cannot be retaliated against and is covered by the state Whistle-blower's Act; a prevailing plaintiff may also file a formal whistleblower complaint.