Today's Law As Amended


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SB-1122 Mobilehome parks.(2007-2008)



As Amends the Law Today


SECTION 1.

 Section 18308 is added to the Health and Safety Code, to read:

18308.
 (a) Notwithstanding Sections 18300 and 18307, the department may establish, upon a 60-day notice of request by a local agency, a specialized effort to provide a stepped-up level of enforcement to resolve violations that are an imminent threat to health and safety constituting an immediate risk to life, health, and safety, as described in Section 18402, in mobilehome parks within the local agency’s jurisdiction that makes the request. The effort may include, but not be limited to, a coordinated state-local strike force of inspectors or assignment of specific state or deputized local agency inspectors.
(b) The local agency request pursuant to this section shall be in the form of a resolution approved by the governing body of the local jurisdiction.
(c) The department shall determine which is the appropriate local building department, health department, or other local enforcement agency that possesses the knowledge and expertise necessary to carry out enforcement in mobilehome parks in accordance with this part.
(d) If the department determines that the local agency does not meet the requirements of subdivision (c), the department may provide specialized training to local agency enforcement officials to assist the department with code enforcement in parks within the local agency’s jurisdiction.
(e) The period of time established for the stepped-up level of code enforcement effort pursuant to this section shall be agreed upon by the department and the local agency.
(f) The stepped-up level of code enforcement pursuant to this section may be limited to specific geographic areas or specific mobilehome parks as agreed upon by the department and the local agency.
(g) Where a local agency provides a stepped-up level of code enforcement in parks pursuant to this section, the department may assign any or all revenue collected from fees pursuant to Section 18502 from mobilehome parks located within the local agency to the local agency for the period of time the stepped-up level of code enforcement is in effect. The department may additionally assess a reasonable fee to the local agency for the cost of providing department training and oversight to local code enforcement officials.

SEC. 2.

 Section 18400.3 of the Health and Safety Code is amended to read:

18400.3.
 (a) The department shall convene a task force of representatives of mobilehome owners, mobilehome park operators, local enforcement agencies or officials  that conduct mobilehome park inspections, and the Legislature, every six months, to provide input to the department on the conduct and operation of the mobilehome park maintenance inspection program, including, but not limited to, frequency of inspection, program information, and recommendations for program changes. The department shall submit a written  report to the task force semiannually that shall include, but not be limited to, all of the following:
(1) The amount of fees collected and expended for the inspection program.
(2) The number of parks and spaces that were inspected.
(3) The number of violations issued to mobilehome owners. identified and progress on correcting those violations. 
(4) The number of violations issued to mobilehome park owners.
(5) The number of violations reported pursuant to paragraphs (3) and (4) that have been corrected, the number of violations that remain uncorrected at the end of the reporting period, and the progress in correcting the uncorrected violations.
(6) (4)  The most common park violations and the most common homeowner violations.
(7) Recommendations for statutory or administrative changes to the program.
(b) The Senate Committee on Rules and the Assembly Committee on Rules shall each designate a member of its respective house to be a member of the task force. Each legislative member of the task force may designate an alternate to represent him or her at task force meetings.
(c) With the input of the task force, the department may reorganize violations under this part and the regulations adopted pursuant to this part into the following two categories:
(1) Those constituting imminent hazards representing an immediate risk to life, health, and safety and requiring immediate correction.
(2) Those constituting unreasonable risk to life, health, or safety and requiring correction within 60 days.
(d) Any matter that would have constituted a violation prior to January 1, 2000, that is not categorized in accordance with subdivision (c) on or after January 1, 2000, shall be of a minor or technical nature and shall not be subject to citation or notation on the record of an inspection conducted on or after January 1, 2000.
(e) (1) The Legislature finds and declares that there is an increasing number of complaints about and a public interest in the health and safety of mobilehome parks that provide housing for hundreds of thousands of homeowners and residents in the state.
(2) On or before January 1, 2010, the task force may review the mobilehome park maintenance inspection program as well as the department’s complaint inspections, and report to the Legislature recommendations for improving the level of future mobilehome park code enforcement. The report may include, but not be limited to, the program’s fee structure, the effectiveness of citation fines and receivership authority, the need for better communication with park operators and homeowners, notice requirements, the role of local government in enforcement, and the need to reorganize Part 2.1 (commencing with Section 18200) of Division 13 for better clarity and understanding.