BILL NUMBER: AB 2597	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Fuentes

                        FEBRUARY 24, 2012

   An act to amend Section 18420 of the Health and Safety Code,
relating to mobilehome parks.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2597, as introduced, Fuentes. Mobilehome Parks Act: notice of
violations.
   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 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   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)  In the event of a violation that   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  violations 
 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  any provision of
 Chapter 4 (commencing with Section 18500), Chapter 5
(commencing with Section 18601), Chapter 6 (commencing with Section
18690), or  any   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)  In the event   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
 in accordance with   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. Each  
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  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   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 which  
that  violates this part and its determination not to issue a
notice of violation.