Bill Text: CA AB2597 | 2011-2012 | Regular Session | Amended
Bill Title: Mobilehome parks: lot lines.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-04-09 - Re-referred to Com. on H. & C.D. [AB2597 Detail]
Download: California-2011-AB2597-Amended.html
BILL NUMBER: AB 2597 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Member Fuentes
FEBRUARY 24, 2012
An act to amend Section 18420 798.15
of the Health and Safety Civil Code,
relating to mobilehome parks.
LEGISLATIVE COUNSEL'S DIGEST
AB 2597, as amended, Fuentes. Mobilehome Parks Act:
notice of violations. parks: lot lines.
Existing law, the Mobilehome Parks Act, prohibits a mobilehome
park owner or operator from creating, moving, shifting, or altering
park lot lines without the written authorization of the registered
owner or owners of the mobilehome or manufactured home located on the
lot or lots on which the change to the lot line is being made.
Existing law, the Mobilehome Residency Law, governs the terms and
conditions of residency in mobilehome parks and requires the
management of a mobilehome park to include in the rental agreement
prescribed information, including the term of, and amount of rent
for, the tenancy.
The bill would require the management of a mobilehome park, on and
after January 1, 2014, to include in the rental agreement a
description of the size and location of the lot that is being leased
and a copy of the map of the park lot lines indicating the leased
space.
Existing law establishes the Mobilehome Parks Act to assure the
protection of the health, safety, and general welfare of all
mobilehome park residents. Existing law requires the enforcement
agency to enter and inspect mobilehome parks with a goal of
inspecting at least 5% of the parks per year. Existing law requires
the enforcement agency to issue a notice to correct any violation of
the act.
This bill would make technical, nonsubstantive changes to these
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 798.15 of the Civil
Code is amended to read:
798.15. The rental agreement shall be in writing and shall
contain, in addition to the provisions otherwise required by law to
be included, all of the following:
(a) The term of the tenancy and the rent therefor.
(b) The rules and regulations of the park.
(c) A copy of the text of this chapter shall be attached as an
exhibit and shall be incorporated into the rental agreement by
reference. Management shall do one of the following prior to February
1 of each year, if a significant change was made in this chapter by
legislation enacted in the prior year:
(1) Provide all homeowners with a copy of this chapter.
(2) Provide written notice to all homeowners that there has been a
change to this chapter and that they may obtain one copy of this
chapter from management at no charge. Management must provide a copy
within a reasonable time, not to exceed seven days upon request.
(d) A provision specifying that (1) it is the responsibility of
the management to provide and maintain physical improvements in the
common facilities in good working order and condition and (2) with
respect to a sudden or unforeseeable breakdown or deterioration of
these improvements, the management shall have a reasonable period of
time to repair the sudden or unforeseeable breakdown or deterioration
and bring the improvements into good working order and condition
after management knows or should have known of the breakdown or
deterioration. For purposes of this subdivision, a reasonable period
of time to repair a sudden or unforeseeable breakdown or
deterioration shall be as soon as possible in situations affecting a
health or safety condition, and shall not exceed 30 days in any other
case except where exigent circumstances justify a delay.
(e) A description of the physical improvements to be provided the
homeowner during his or her tenancy.
(f) A provision listing those services which will be provided at
the time the rental agreement is executed and will continue to be
offered for the term of tenancy and the fees, if any, to be charged
for those services.
(g) A provision stating that management may charge a reasonable
fee for services relating to the maintenance of the land and premises
upon which a mobilehome is situated in the event the homeowner fails
to maintain the land or premises in accordance with the rules and
regulations of the park after written notification to the homeowner
and the failure of the homeowner to comply within 14 days. The
written notice shall state the specific condition to be corrected and
an estimate of the charges to be imposed by management if the
services are performed by management or its agent.
(h) All other provisions governing the tenancy.
(i) On and after January 1, 2014, a description of the size and
location of the lot being leased and a copy of the map of the park
lot lines indicating the leased space.
SECTION 1. 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 this part, or a
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) If a violation 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 violation 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 Chapter 4 (commencing with
Section 18500), Chapter 5 (commencing with Section 18601), Chapter 6
(commencing with Section 18690), or a 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) If 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
pursuant to 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. A 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 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 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 period.
(5) Upon a reinspection after the 60-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, as defined in Section 18603. Upon a
reinspection after the 60-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, 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.
(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.
