Loading (50 kb)...'
HSC Sec 18400-18407 ENFORCEMENT, ACTIONS AND PROCEEDINGS
HEALTH AND SAFETY CODE
18400. (a) The department shall enforce this part and the rules and
regulations adopted pursuant to this part, except as provided in
(b) The officers or agents of the enforcement agency may do either
of the following:
(1) Enter public or private property to determine whether there
exists any park to which this part applies.
(2) Enter and inspect all parks, wherever situated, and inspect
all accommodations, equipment, or paraphernalia used in connection
therewith, including the right to examine any registers of occupants
maintained therein in order to secure the enforcement of this part
and the regulations adopted pursuant to this part.
18400.1. (a) In accordance with subdivision (b), the enforcement
agency shall enter and inspect mobilehome parks, as required under
this part, at least once every seven years, to ensure enforcement of
this part and the regulations adopted pursuant to this part. The
enforcement agency's inspection shall include an inspection of the
exterior portions of individual manufactured homes and mobilehomes in
each park inspected. Any notices of violation of this part shall be
issued pursuant to Chapter 3.5 (commencing with Section 18420).
(b) In developing its mobilehome park maintenance inspection
program, the enforcement agency shall inspect the mobilehome parks
that the enforcement agency determines either:
(1) Had the most serious, or a substantial number of serious,
health and safety violations as a result of inspections of the parks
made pursuant to the mobilehome park maintenance inspection program
during the 1991 through 1999 phase of the program.
(2) Have complaints that have been made to the enforcement agency
regarding serious health and safety violations in the park. A single
complaint of a serious health and safety violation shall not
automatically trigger an inspection of the entire park unless upon
investigation of that single complaint the enforcement agency
determines that there is a violation and that an inspection of the
entire park is necessary.
(c) Nothing in this part shall be construed to allow the
enforcement agency to issue a notice for a violation of existing laws
or regulations that were not violations of the laws or regulations
at the time the mobilehome park received its original permit to
operate, or the standards governing any subsequent permit to
construct, or at the time the manufactured home or mobilehome
received its original installation permit, unless the enforcement
agency determines that a condition of the park, manufactured home, or
mobilehome endangers the life, limb, health, or safety of the public
or occupants thereof.
(d) Not less than 30 days prior to the inspection of a mobilehome
park under this section, the enforcement agency shall provide
individual written notice of the inspection to the registered owners
of the manufactured homes or mobilehomes, with a copy of the notice
to the occupants thereof, if different than the registered owners,
and to the owner or operator of the mobilehome park and the
responsible person, as defined in Section 18603.
(e) At the sole discretion of the enforcement agency's inspector,
a representative of either the park operator or the mobilehome owners
may accompany the inspector during the inspection if that request is
made to the enforcement agency or the inspector requests a
representative to accompany him or her. If either party requests
permission to accompany the inspector or is requested by the
inspector to accompany him or her, the other party shall also be
given the opportunity, with reasonable notice, to accompany the
inspector. Only one representative of the park owner and one
representative of the mobilehome owners in the park may accompany the
inspector at any one time during the inspection. If more than one
representative of the mobilehome owners in the park requests
permission to accompany the inspector, the enforcement agency may
adopt procedures for choosing that representative.
(f) The enforcement agency shall coordinate a preinspection
orientation for mobilehome owners and mobilehome park operators with
the use of an audio-visual presentation furnished by the department
to affected local enforcement agencies. Enforcement agencies shall
furnish the audio-visual presentation to park operators and
mobilehome owner representatives in each park subject to inspection
not less than 30 days prior to the inspection. Additionally, it is
the Legislature's intent that the department shall, where
practicable, conduct live presentations, forums, and outreach
programs throughout the state to orient mobilehome owners and park
operators on the mobilehome park maintenance inspection program and
their rights and obligations under the program.
(g) Any local enforcement agency that relinquishes enforcement
authority to the department shall remit to the department fees
collected pursuant to paragraph (2) of subdivision (c) of Section
18502 that have not been expended for purposes of that paragraph.
(h) This section shall remain in effect only until January 1,
2007, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 2007, deletes or extends
18400.2. Enforcement agencies responsible for the enforcement of
this part and the regulations adopted pursuant to this part shall
maintain all records on file of mobilehome park inspections conducted
since January 1, 1991.
18400.3. (a) The department shall convene a task force of
representatives of mobilehome owners, mobilehome park operators,
local enforcement agencies that conduct mobilehome park inspections,
and the Legislature, at least once a year, to provide input to the
department on the conduct and operation of the mobilehome park
maintenance inspection program.
(b) The Senate Committee on Rules and the Assembly Committee on
Rules shall each designate a member of its respective house to be a
member of the task force. Each legislative member of the task force
may designate an alternate to represent him or her at task force
(c) With the input of the task force, the department may
reorganize violations under this part and the regulations adopted
pursuant to this part into the following two categories:
(1) Those constituting imminent hazards representing an immediate
risk to life, health, and safety and requiring immediate correction.
(2) Those constituting unreasonable risk to life, health, or
safety and requiring correction within 60 days.
(d) Any matter that would have constituted a violation prior to
January 1, 2000, that is not categorized in accordance with
subdivision (c) on or after January 1, 2000, shall be of a minor or
technical nature and shall not be subject to citation or notation on
the record of an inspection conducted on or after January 1, 2000.
18400.4. For purposes of this chapter, "mobilehome owner" or
"mobilehome owners" means the occupant of the manufactured home or
mobilehome, or the registered owner of the manufactured home or
mobilehome, if different from the occupant.
18401. Any notice of violation of this part, or any rule or
regulation adopted pursuant thereto, issued by the enforcement agency
shall be issued to the appropriate persons designated in Section
18420 and shall include a statement that any willful violation is a
misdemeanor under Section 18700.
18402. The owner or operator of a park shall abate any nuisance in
the park within five days, or within a longer period of time as may
be allowed by the enforcement agency, after the owner or operator of
a park has been given written notice to remove the nuisance. If the
owner or operator of a park fails to do so within that time, the
district attorney of the county in which the park, or the greater
portion of the park, is situated shall bring a civil action to abate
the nuisance in the superior court of the county in the name of the
people of the State of California. In addition to the district
attorney, the Attorney General, a county counsel of the county in
which the park, or the greater portion of the park, is situated, or a
city attorney or city prosecutor if the park is located within the
jurisdiction of a city, may bring a civil action to abate the
nuisance in the superior court of the county in the name of the
people of the State of California.
18403. In any action or proceeding to abate a nuisance in a park,
proof of any one of the following facts is sufficient for a judgment
or order for the abatement of the nuisance, violation, or operation
of the park:
(a) A previous conviction of the owner or operator of a violation
of this part or a regulation adopted pursuant to this part which
constitutes a nuisance or failure on the part of the owner or
operator to correct the violation after the conviction.
(b) The violation is the basis for the proceeding.
18404. (a) If any park or portion thereof governed by this part is
constructed, altered, converted, used, occupied, or maintained in
violation of this part, the regulations adopted pursuant to this
part, or any order or notice issued by the enforcement agency which
allows a reasonable time to correct the violation, the enforcement
agency may institute any appropriate action or proceeding to prevent,
restrain, correct, or abate the violation.
(b) The superior court may make any order for which application is
made pursuant to this part.
18406. No enforcement agency shall approve any park fronting upon
any coastline, shoreline, river, or waterway or upon any lake or
reservoir owned in whole or part by any public agency, including the
state, unless the city, county, or city and county having
jurisdiction over the property has determined that reasonable public
access by fee or easement from public highways exists to the
coastline, shoreline, river, waterway, lake or reservoir.
Any public access route or routes required to be provided by the
owner shall be expressly designated on a map filed with the county
recorder of the county in which the park lies, and the map shall
specify the name of the owner of, and particularly describe the
property involved, and designate the governmental entity to which the
route or routes are dedicated. A governmental entity shall accept
the dedication within three years after the recordation or the
dedication shall be deemed abandoned.
Any public access required pursuant to this section need not be
provided through or across the park if the city, county, or city and
county having jurisdiction has made a finding that reasonable public
access is otherwise available within a reasonable distance from the
park. Any such findings shall be set forth on the recorded map
required by this section.
Nothing in this section shall be construed as requiring a park
owner to improve any access route or routes which are primarily for
the benefit of nonresidents of the park.
18407. The Legislature finds and declares that, because the health
and safety of mobilehome park occupants is a matter of public
interest and concern, it is necessary, pursuant to a complaint about
a violation of this part to the enforcement agency, that the
enforcement agency should notify the complainant in advance of the
date when the agency's inspector or representative is scheduled to
investigate the complaint, to give the complainant an opportunity to
be present to speak to the inspector or representative, and that
following an inspection of the complaint, the agency contact the
complainant to advise him or her of the inspector's or representative'
s findings concerning the complaint.