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HSC Sec 18866-18866.6 ENFORCEMENT, ACTIONS, AND PROCEEDINGS (SPECIAL OCCUPANCY PARKS ACT)
HEALTH AND SAFETY CODE
18866. (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.
18866.1. Enforcement agencies responsible for the enforcement of
this part and the regulations adopted pursuant to this part shall
maintain all records on file of special occupancy park inspections.
18866.2. 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
18867 and shall include a statement that any willful violation is a
misdemeanor under Section 18870.
18866.3. The owner or operator of a park shall abate any nuisance
in the park within five days, or within such longer period of time as
may be allowed by the enforcement agency, after he or she has been
given written notice to remove the nuisance. If he or she 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.
18866.4. 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 Part 2.1 (commencing with Section 18200) or a
regulation adopted pursuant to this part or Part 2.1 (commencing with
Section 18200) that 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.
18866.5. (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 that
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.
18866.6. (a) 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.
(b) 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.
(c) 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.
(d) Nothing in this section shall be construed as requiring a park
owner to improve any access route or routes that are primarily for
the benefit of nontenants, nonoccupants, or nonresidents of the park.