BILL NUMBER: AB 2382	CHAPTERED  07/11/02

	CHAPTER  141
	FILED WITH SECRETARY OF STATE  JULY 11, 2002
	APPROVED BY GOVERNOR  JULY 10, 2002
	PASSED THE SENATE  JUNE 28, 2002
	PASSED THE ASSEMBLY  MAY 20, 2002
	AMENDED IN ASSEMBLY  MAY 14, 2002
	AMENDED IN ASSEMBLY  APRIL 30, 2002
	AMENDED IN ASSEMBLY  APRIL 15, 2002

INTRODUCED BY   Assembly Member Corbett
   (Coauthors:  Assembly Members Dutra, Harman, and Vargas)

                        FEBRUARY 21, 2002

   An act to amend Section 798.87 of the Civil Code, and to amend
Section 18402 of the Health and Safety Code, relating to mobilehome
parks.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2382, Corbett.  Mobilehome parks.
   (1) The Mobilehome Residency Law deems the substantial failure of
the management of a mobilehome park to provide and maintain physical
improvements in the common facilities in good working order and
condition or the substantial violation of a mobilehome park rule, or
both, to be a public nuisance that may be remedied only by a civil
action or abatement.  The law authorizes a civil action to be brought
by, among others, the district attorney or city attorney of the
jurisdiction in which the park is located.
   This bill would, instead, permit a nuisance action to be brought
by the district attorney or county counsel of the jurisdiction in
which the park, or the greater portion of the park, is located, the
city attorney or city prosecutor, if the park is located within the
jurisdiction of the city, and the Attorney General.
   (2) Existing law, known as the Mobilehome Parks Act, requires the
owner or operator of a mobilehome park to abate any nuisance in the
park within a prescribed period after written notice to remove the
nuisance, and requires the district attorney of the county in which
the park, or the greater portion of the park, is located to bring a
civil action to abate the nuisance.
   This bill would permit the county counsel of the county in which
the park, or the greater portion of the park, is located and the city
attorney or city prosecutor, if the park is located within the
jurisdiction of the city, to bring a civil action to abate the
nuisance.  It would also authorize the Attorney General to bring a
civil action to abate the nuisance.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 798.87 of the Civil Code is amended to read:
   798.87.  (a) The substantial failure of the management to provide
and maintain physical improvements in the common facilities in good
working order and condition shall be deemed a public nuisance.
Notwithstanding Section 3491, this nuisance may only be remedied by a
civil action or abatement.
   (b) The substantial violation of a mobilehome park rule shall be
deemed a public nuisance.  Notwithstanding Section 3491, this
nuisance may only be remedied by a civil action or abatement.
   (c) A civil action pursuant to this section may be brought by a
park resident, the park management, or in the name of the people of
the State of California, by any of the following:
   (1) The district attorney or the county counsel of the
jurisdiction in which the park, or the greater portion of the park,
is located.
   (2) The city attorney or city prosecutor if the park is located
within the jurisdiction of the city.
   (3) The Attorney General.
  SEC. 2.  Section 18402 of the Health and Safety Code is amended to
read:
   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.