Bill Text: CA AB2247 | 2023-2024 | Regular Session | Amended
Bill Title: Mobilehome Parks Act: enforcement: notice of violations: Manufactured Housing Opportunity and Revitalization (MORE) Program: annual fee.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed) 2024-05-24 - In Senate. Read first time. To Com. on RLS. for assignment. [AB2247 Detail]
Download: California-2023-AB2247-Amended.html
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Amended
IN
Assembly
April 25, 2024 |
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Amended
IN
Assembly
March 21, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 2247
| Introduced by Assembly Member Wallis |
February 08, 2024 |
An act to amend Sections 18420 and 18424 18400.1, 18420, 18424, and 18502 of the Health and Safety Code, relating to mobilehomes.
LEGISLATIVE COUNSEL'S DIGEST
AB 2247, as amended, Wallis.
Mobilehome Parks Act: enforcement: notice of violations: Manufactured Housing Opportunity and Revitalization (MORE) Program. Program: annual fee.
Existing law, the Mobilehome Parks Act, establishes requirements for the construction, maintenance, occupancy, use, and design of mobilehome parks. Existing law requires the Department of Housing and Community Development to enforce the act, unless a city, county, or city and county has assumed responsibility for enforcement. Existing A violation of these provisions is a misdemeanor.
Existing law requires an enforcement agency to enter and inspect mobilehome parks to ensure enforcement of the act, as
specified. Existing law requires an enforcement agency in developing its mobilehome park maintenance inspection program to inspect the mobilehome parks that the enforcement agency determines have complaints that have been made to the enforcement agency regarding serious health and safety violations in the park. Existing law requires enforcement agencies, not less than 30 days before an inspection, to provide individual written notice of the inspection to the registered owners of the manufactured homes or mobilehomes, the occupants thereof, and the owner or operator of the mobilehome park, as specified. Existing law repeals these provisions on January 1, 2025.
This bill would extend that repeal date to January 1, 2030.
Existing law also
requires an enforcement agency to issue a notice to correct a violation to specified parties depending on the violation and provides for procedures for owners or operators to dispute and appeal violation notices, as specified. Existing law repeals these notice provisions on January 1, 2025.
This bill would extend that repeal date to January 1, 2030.
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. Existing law requires the enforcement agency to provide that list to a registered owner or occupant who receives a notice of violation and who resides in those jurisdictions that have rehabilitation or repair programs for which they may be eligible.
Existing law authorizes the department,
pursuant to the Manufactured Housing Opportunity and Revitalization (MORE) Program, to make loans or grants, as applicable, to resident organizations, individual low-income residents of mobilehome parks, qualified nonprofit housing sponsors, and local public entities for specified purposes, including financing mobilehome park acquisition, conversion, rehabilitation, reconstruction, and replacement.
This bill would require the department to include, in the list provided with a notice of violation, the resident organizations, qualified nonprofit housing sponsors, and local public entities that have received a loan pursuant to the MORE program. The bill, additionally, would require a notice of violation to include information about the MORE program, as specified.
The Mobilehome Parks Act imposes prescribed fees, including, among others, a fee of
$4 per lot to be used exclusively for the inspection of mobilehome parks and mobilehomes to determine compliance with the act. Existing law repeals the $4 fee per lot on January 1, 2025.
This bill would extend that repeal date to January 1, 2030.
Because this bill would extend the application of a crime under the Mobilehome Parks Act, it 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 18400.1 of the Health and Safety Code is amended to read:18400.1.
(a) In accordance with subdivision (b), the enforcement agency shall enter and inspect mobilehome parks, as required under this part, with a goal of inspecting at least 5 percent of the parks per year, 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 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) This part does not 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 them. If either party requests permission to accompany the inspector or is requested by the inspector to accompany them, 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 audiovisual presentation furnished by the department to affected local enforcement agencies. Enforcement agencies shall furnish the audiovisual 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) This section shall remain in effect only until January 1, 2025, 2030, and as of that date is repealed.
SECTION 1.SEC. 2.
Section 18420 of the Health and Safety Code is amended to read:18420.
(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 Section 18603.(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, as defined in Section 18603.
(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 18601), 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.
(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, as defined in Section 18603.
(3) 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.
(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) (A) The department shall develop a list of both of the following:
(i) 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.
(ii) Resident organizations, qualified nonprofit housing sponsors, and local public entities that have received a loan pursuant to the Manufactured Housing Opportunity and Revitalization (MORE) Program (Chapter 11 (commencing with Section 50780) of Part 2 of Division 31).
(B) The list shall be provided to registered owners or occupants who receive a notice of violation and who reside in those jurisdictions that have rehabilitation or repair programs for which they may be eligible.
(3) The notice of violation shall include information about the Manufactured Housing
Opportunity and Revitalization (MORE) Program (Chapter 11 (commencing with Section 50780) of Part 2 of Division 31), including the application processes for loans and grants under that program.
(4) 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 days from the postmarked date of the notice or date of personal delivery for the elimination of the condition constituting the alleged violation.
(5) If after the reinspection of a violation described in paragraph (4) 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 period.
(6) Upon a reinspection after the 60-day period of a violation described in paragraph (4) 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, as defined in Section 18603. Upon a reinspection after the 60-day period of a violation described in paragraph (4) 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, as defined in Section 18603, 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.
(7) 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 provision of law, the enforcement agency may, at its sole discretion, determine not to issue a notice of violation pursuant to this chapter if the condition which 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 which violates this part and its determination not to issue a notice of violation.
SEC. 2.SEC. 3.
Section 18424 of the Health and Safety Code is amended to read:18424.
This chapter shall remain in effect only until January 1, 2030, and as of that date is repealed.SEC. 4.
Section 18502 of the Health and Safety Code, as amended by Section 3 of Chapter 737 of the Statutes of 2023, is amended to read:18502.
Fees as applicable shall be submitted for permits, as follows:(a) Fees for a permit to conduct any construction subject to this part as determined by the schedule of fees adopted by the department.
(b) Plan checking fees equal to one-half of the construction, plumbing, mechanical, and electrical permit fees, except that the minimum fee shall be ten dollars ($10).
(c) (1) An annual operating permit fee of one hundred forty dollars ($140) and an additional seven dollars ($7) per lot.
(2) (A) An additional annual fee of four dollars ($4) per lot shall be
paid to the department or the local enforcement agency, as appropriate, at the time of payment of the annual operating fee. All revenues derived from this fee shall be used exclusively for the inspection of mobilehome parks and mobilehomes to determine compliance with the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200)) and any regulations adopted pursuant to the act.
(B) The Legislature hereby finds and declares that the health and safety of mobilehome park occupants are matters of public interest and concern and that the fee paid pursuant to subparagraph (A) shall be used exclusively for the inspection of mobilehome parks and mobilehomes to ensure that the living conditions of mobilehome park occupants meet the health and safety standards of this part and the regulations adopted pursuant thereto. Therefore, notwithstanding any other law or local ordinance, rule, regulation, or initiative measure to the contrary, the holder of
the permit to operate the mobilehome park shall be entitled to directly charge one-half of the per-lot additional annual fee specified herein to each homeowner, as defined in Section 798.9 of the Civil Code. In that event, the holder of the permit to operate the mobilehome park shall be entitled to directly charge each homeowner for one-half of the per-lot additional annual fee at the next billing for the rent and other charges immediately following the payment of the additional fee to the department or local enforcement agency.
(3) The additional annual fee authorized by subdivision (b) of Section 18804 shall be paid to the department at the time of payment of the annual operating fee to the department or local enforcement agency, as appropriate.
(d) Change in name fee or transfer of ownership or possession fee of ten dollars ($10).
(e) Duplicate permit fee or amended permit fee of ten dollars ($10).
(f) This section shall remain in effect only until January 1, 2025, 2030, and as of that date is repealed.
SEC. 5.
Section 18502 of the Health and Safety Code, as amended by Section 4 of Chapter 737 of the Statutes of 2023, is amended to read:18502.
Fees as applicable shall be submitted for permits, as follows:(a) Fees for a permit to conduct any construction subject to this part as determined by the schedule of fees adopted by the department.
(b) Plan checking fees equal to one-half of the construction, plumbing, mechanical, and electrical permit fees, except that the minimum fee shall be ten dollars ($10).
(c) An annual operating permit fee of one hundred forty dollars ($140) and an additional seven dollars ($7) per lot.
(d) Change in name fee or transfer of ownership or possession fee of ten dollars ($10).
(e) Duplicate permit fee or amended permit fee of ten dollars ($10).
(f) This section shall become operative on January 1, 2025.
2030.
