Bill Text: CA SB1108 | 2023-2024 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Mobilehome parks: notice of violations.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Vetoed) 2024-09-22 - In Senate. Consideration of Governor's veto pending. [SB1108 Detail]
Download: California-2023-SB1108-Amended.html
NOYES
Bill Title: Mobilehome parks: notice of violations.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Vetoed) 2024-09-22 - In Senate. Consideration of Governor's veto pending. [SB1108 Detail]
Download: California-2023-SB1108-Amended.html
|
Amended
IN
Senate
March 21, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 1108
| Introduced by Senator Ochoa Bogh |
February 13, 2024 |
An act to add Section 18408 to the Health and Safety Code, relating to mobilehome parks.
LEGISLATIVE COUNSEL'S DIGEST
SB 1108, as amended, Ochoa Bogh.
Mobilehome parks: notice of violations.
Existing law, the Mobilehome Parks Act, establishes requirements for the construction, maintenance, occupancy, use, and design of mobilehome parks. Existing law generally requires the Department of Housing and Community Development to enforce the act, except that a city, county, or city and county may assume the responsibility for the enforcement of the act upon the approval of the department, as provided. Existing law makes a violation of the act a crime.
Existing law, until January 1, 2025, requires an enforcement agency, after conducting an inspection and determining that a violation exists, to issue a notice to correct the violation to the registered owner of the manufactured home or mobilehome and provide a copy to the occupant
thereof, if different from the registered owner. Existing law requires the registered owner to be responsible for the correction of any violations for which a notice of violation has been given. For violations other than imminent threats to health and safety, as provided, existing law requires the notice of violation to allow 60 days from the postmarked date of the notice or date of personal delivery for the elimination of the condition constituting the alleged violation. Existing law requires the department to develop a list of local agencies that have home rehabilitation or repair programs for which registered owners or occupants of manufactured homes and mobilehomes residing in mobilehome parks may be eligible, as specified. Existing law repeals these provisions on January 1, 2025.
This bill would revise and recast the above-described requirements to extend
their operation indefinitely and would additionally require an enforcement agency, after conducting an inspection and determining that a violation exists, to mail a copy of issue the notice to correct the violation to the owner or operator of a mobilehome park and to the responsible person. With respect to notice of violations, the bill would impose various duties on an enforcement agency, including requiring that agency to be responsible for exhausting all administrative and legal recourse against a resident who fails to correct violations, as provided. The bill would require an enforcement agency to provide 90 days from the date of service of the notice of violation upon the tenant and park operator for the purpose of voluntary remediation, except as provided. The bill would authorize an enforcement agency to
give reasonable time necessary for the termination of tenancy, or to secure injunctive relief, and would prohibit an enforcement agency from revoking a permit to operate based on uncorrected violations.
For violations other than imminent threats to health and safety, as specified, the bill would, instead, require the notice of violation to allow 90 days from the postmarked date of the notice or date of personal delivery for the elimination of the condition constituting the alleged violation. The bill would, instead, require the enforcement agency to develop a list of local agencies that have home rehabilitation or repair programs, as described above.
By extending the operation of these provisions, the violation of which is a crime,
this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 18408 is added to the Health and Safety Code, to read:18408.
(a) (1) If, upon inspection, the enforcement agency determines that a mobilehome park is in violation of any provision of this part, or any rule or regulation adopted pursuant thereto, the enforcement agency shall promptly, but not later than 10 days, excluding Saturday, Sunday, and holidays, after the enforcement agency completes the inspection and determines that the alleged violation exists, issue a notice to correct the violation to the owner or operator of the mobilehome park and to the responsible person, as defined in subdivision (e).(2) In the event of a violation that constitutes an imminent threat to health and safety, the notice of violation
shall be issued immediately and served on the owner or operator of the
mobilehome park and to the responsible person.
(3) The owner or operator of the mobilehome park shall be responsible for the correction of any violations for which a notice of violation has been given pursuant to this subdivision.
(b) (1) If, upon inspection, the enforcement agency determines that a manufactured home, mobilehome, an accessory building or structure, or lot is in violation of any provision of Chapter 4 (commencing with Section 18500), Chapter 5 (commencing with Section 18550), Chapter 6 (commencing with Section 18690), or any rule or regulation adopted pursuant thereto, the enforcement agency shall promptly, but not later than 10 days, excluding Saturday, Sunday, and holidays, after the enforcement agency completes the
inspection and determines that the alleged violation exists, issue a notice to correct the violation to the registered owner of the manufactured home or mobilehome, with a copy to the occupant thereof, if different from the registered owner, with a copy mailed to the owner or operator of the mobilehome park, and to the responsible person, if any.
(2) In the event a violation is discovered that constitutes an imminent hazard representing an immediate risk to life, health, and safety and requiring immediate correction, the notice of violation shall be issued immediately and served upon the occupant, with a copy mailed to the registered owner of the manufactured home or mobilehome, if different from the occupant, to the owner or operator of the mobilehome park, and to the
responsible person.
(3) (A) The registered owner of the manufactured home or mobilehome shall be responsible for the correction of any violations for which a notice of violation has been given pursuant to this subdivision.
(B) The enforcement agency shall be responsible for exhausting all administrative and legal recourse against a resident who fails to correct violations before looking to the mobilehome park owner or operator for corrective action is required by the owner or operator of the mobilehome park. action.
Only then shall the enforcement agency request action by the park owner or operator to abate the cited violations.
(4)(A)The enforcement agency shall provide a list of local agencies that have home rehabilitation or repair programs for which registered owners or occupants of manufactured homes and mobilehomes residing in mobilehome parks may be eligible, pursuant to paragraph (2) of subdivision (c), with copies to the owner or operator of the mobilehome park, and to the responsible person.
(B)Except in the event of a violation that constitutes an imminent hazard or requires immediate correction, the enforcement agency shall provide 90 days from the date of service of the notice of violation upon the tenant and the park operator for the purpose of seeking voluntary remediation to the satisfaction of the enforcement agency that the tenant corrected the violation for which the notice of violation was given.
(5)(A)The enforcement agency may, after finding that the violation has not been timely corrected and the unsuccessful actions taken, give reasonable time necessary for the termination of tenancy of the registered owner or other occupants of the mobilehome, or to secure injunctive relief compelling the resident to comply with any violation that remains uncorrected.
(B)For the purpose of this paragraph, reasonable time shall include sufficient time for the exhaustion of all of the following:
(i)Administrative review pursuant to Chapter 2 (commencing with Section 1000) of Division 1 of Title 25 of the California Code of Regulations.
(ii)Notification for termination of tenancy pursuant to Sections 798.56, 798.56a, 798.57, and 1946 of the Civil Code.
(iii)Injunctive relief pursuant to Sections 798.87 and 798.88 of the Civil Code.
(iv)Any additional time as necessary for adjudication of final judgment in any action.
(6)Notwithstanding any other provision of law, the enforcement agency shall not revoke a permit to operate based on uncorrected violations of applicable law or regulation committed or maintained by a homeowner, as defined by Section 798.9 of the Civil Code, or an occupant who is not the park owner or operator. This subdivision shall not affect rights and remedies otherwise available to an enforcement agency for enforcement of laws and regulations.
(7)
(4) The enforcement agency may issue a notice of violation in accordance with this chapter to the owner of a recreational vehicle, or of factory-built housing, which occupies a lot within a mobilehome park.
(c) (1) Service of the notice of violation shall be effected either personally or by first-class mail. Each notice of violation shall be in writing and shall describe with particularity the nature of the violation
in as clear language as the technicality of the violation will allow the average layperson to understand what is being cited, including a reference to the statutory provisions or regulation alleged to have been violated, as well as any penalty provided by law for failure to make timely correction.
(2) The department enforcement agency shall develop a list of local agencies that have home rehabilitation or repair programs for which registered owners or occupants of manufactured homes and mobilehomes residing in mobilehome parks may be eligible. The list shall be provided to registered owners or occupants who receive notices of violation and who reside in those jurisdictions
that have rehabilitation or repair programs for which they may be eligible.
(3) For violations other than imminent threats to health and safety as provided in paragraph (2) of subdivision (a) and paragraph (2) of subdivision (b), the notice of violation shall allow 60
90 days from the postmarked date of the notice or date of personal delivery for the elimination of the condition constituting the alleged violation.
(4) If, after the reinspection of a violation described in paragraph (3) of this subdivision, the enforcement agency determines that there is a valid reason why a violation has not been corrected, including, but not limited to, weather conditions, illness, availability of repair persons, or availability of financial resources, the enforcement agency may extend the time for correction, at its discretion, for 30 days or an additional reasonable period of time after the 60-day 90-day
period.
(5) Upon a reinspection after the 60-day 90-day period of a violation described in paragraph (3) of this subdivision, if a second notice to correct a violation that is the responsibility of the registered owner of the manufactured home or mobilehome pursuant to paragraph (1) of subdivision (b) is issued to the registered owner of a manufactured home or mobilehome, with a copy to the occupant thereof, if different from the registered owner, a copy of the notice shall also be provided to the owner or operator of the mobilehome park, and to the responsible person. Upon a reinspection after the 60-day
90-day period of a violation described in paragraph (3) of this subdivision, if a second notice to correct a mobilehome park violation pursuant to paragraph (1) of subdivision (a) is issued to the owner or operator of the mobilehome park and to the responsible person, the enforcement agency shall post a copy of the violation in a conspicuous place in the mobilehome park common area, and the posted notice shall only be removed by the enforcement agency when the violation is corrected.
(6) All violations described in paragraph (2) of subdivision (a) and paragraph (2) of subdivision (b) shall be corrected within a reasonable time as determined by the enforcement agency. Notices of those violations shall state the time determined by the enforcement agency within which corrections must be made.
(d) Notwithstanding any other law, the enforcement agency may, at its sole discretion, determine not to issue a notice of violation pursuant to this chapter if the condition that violates this part or the regulations adopted pursuant thereto does not constitute an imminent hazard representing an immediate risk to life, health, and safety and requiring immediate correction. If the enforcement agency determines, pursuant to this subdivision, not to issue a notice of violation, the enforcement agency shall include in its inspection report a description of the condition that violates this part and its determination not to issue a notice of violation.
(e) For purposes of this section, “responsible person” refers to the person described in Section
18603.
