2010 California Code
Government Code
Chapter 7.8. Shelter Crisis

GOVERNMENT CODE
SECTION 8698-8698.2



8698.  For purposes of this chapter, the following definitions shall
apply:
   (a) "Political subdivision" includes the state, any city, city and
county, county, special district, or school district or public
agency authorized by law.
   (b) "Governing body" means the following:
   (1) The Governor for the state.
   (2) The legislative body for a city or city and county.
   (3) The board of supervisors for a county.
   (4) The governing board or board of trustees for a district or
other public agency.
   (5) An official designated by ordinance or resolution adopted by a
governing body, as defined in paragraph (2), (3), or (4).
   (c) "Public facility" means any facility of a political
subdivision including parks, schools, and vacant or underutilized
facilities which are owned, operated, leased, or maintained, or any
combination thereof, by the political subdivision through money
derived by taxation or assessment.
   (d) "Declaration of a shelter crisis" means the duly proclaimed
existence of a situation in which a significant number of persons are
without the ability to obtain shelter, resulting in a threat to
their health and safety.



8698.1.  Upon a declaration of a shelter crisis, the following
provisions shall apply during the period of the emergency.
   (a) The political subdivision shall be immune from liability for
ordinary negligence in the provision of emergency housing pursuant to
Section 8698.2. This limitation of liability shall apply only to
conditions, acts, or omissions directly related to, and which would
not occur but for, the provision of emergency housing. This section
does not limit liability for grossly negligent, reckless, or
intentional conduct which causes injury.
   (b) The provisions of any state or local regulatory statute,
regulation, or ordinance prescribing standards of housing, health, or
safety shall be suspended to the extent that strict compliance would
in any way prevent, hinder, or delay the mitigation of the effects
of the shelter crisis. Political subdivisions may, in place of such
standards, enact municipal health and safety standards to be
operative during the housing emergency consistent with ensuring
minimal public health and safety. The provisions of this section
apply only to additional public facilities open to the homeless
pursuant to this chapter.


8698.2.  (a) (1) The governing body may declare a shelter crisis,
and may take such action as is necessary to carry out the provisions
of this chapter, upon a finding by that governing body that a
significant number of persons within the jurisdiction of the
governing body are without the ability to obtain shelter, and that
the situation has resulted in a threat to the health and safety of
those persons.
   (2) For purposes of this chapter, the governing body of the state,
in making a declaration of a shelter crisis pursuant to paragraph
(1), may limit that declaration to any geographical portion of the
state.
   (b) Upon a declaration of a shelter crisis pursuant to subdivision
(a), the political subdivision may allow persons unable to obtain
housing to occupy designated public facilities during the duration of
the state of emergency.


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