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SB-1122 Mobilehome parks.(2007-2008)

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SB1122:v94#DOCUMENT

Amended  IN  Assembly  June 25, 2008
Amended  IN  Assembly  June 19, 2008
Amended  IN  Assembly  June 10, 2008
Amended  IN  Senate  April 30, 2008
Amended  IN  Senate  March 24, 2008

CALIFORNIA LEGISLATURE— 2007–2008 REGULAR SESSION

Senate Bill
No. 1122

Introduced  by  Senator Correa

January 28, 2008

An act to amend Sections 18400.3 and 18506 Section 18400.3 of, and to add Section 18308 to, the Health and Safety Code, relating to mobilehomes.


LEGISLATIVE COUNSEL'S DIGEST


SB 1122, as amended, Correa. Mobilehome parks.
(1) The Mobilehome Parks Act requires certain local enforcement agencies to enter and inspect all mobilehome parks, with a goal of inspecting at least 5% of the parks per year to ensure enforcement of the act and regulations adopted under the act. The act requires the local enforcement agency to issue a notice to correct any violation of the act.
This bill would authorize the Department of Housing and Community Development to establish, as specified, 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 defined, in mobilehome parks within the local agency’s jurisdiction that makes the request, as specified.
(2) Existing law requires the department to convene a task force of representatives of mobilehome owners, mobilehome park operators, local enforcement agencies that conduct mobilehome park inspections, and the Legislature, at least once a year, to provide input to the department on the conduct and operation of the mobilehome park maintenance inspection program.
This bill would revise the task force by requiring it to include local enforcement agencies or officials that conduct mobilehome park inspections instead of only local enforcement agencies that conduct mobilehome park inspections. The task force, on or before January 1, 2010, would also be authorized to 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, as specified.

(3)The Mobilehome Parks Act requires an annual operating permit fee of $25 and an additional $2 per lot or camping party, as specified. Operating permit applications returned to the enforcement agency 30 days after the due date are subject to a penalty fee, as specified.

This bill would allow the department to require that after 60 days, instead of payment of penalties, as specified, a mobilehome park delinquent on the payment of the annual operating permit to operate, or for which the permit to operate has been suspended due to code violations, post a bond in an amount sufficient to assure payment of future permit to operate fees and the cost of code enforcement in that mobilehome park for a specified period of time.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


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 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 identified and progress on correcting those violations.
(4) The most common park violations and the most common homeowner violations.
(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.

SEC. 3.Section 18506 of the Health and Safety Code is amended to read:
18506.

(a)Permits to operate shall be issued by the enforcement agency. A copy of each permit to operate shall be forwarded to the department. No permit to operate shall be issued for a park when the previous operating permit has been suspended by the enforcement agency until the violations which were the basis for the suspension have been corrected.

(b)No park that was in existence on September 15, 1961, shall be denied a permit to operate if the park complied with the law that this part supersedes.

(c)Permits to operate shall be issued for a 12-month period and invoiced according to a method and schedule established by the department.

(d)Permit applications returned to the enforcement agency 30 days after the due date shall be subject to a penalty fee equal to 10 percent of the established fee. The penalty fee for submitting a permit application 60 or more days after the due date shall equal 100 percent of the established permit fee.

(e)After 60 days, the department may require that, instead of payment of penalties, as required under subdivision (d), a park delinquent on the payment of the annual permit to operate, or for which the permit to operate has been suspended due to code violations, post a bond in an amount sufficient to assure payment of future permit to operate fees and the cost of code enforcement in that park for a period of time to be determined at the discretion of the department.

(f)Penalties, any bond required, and the established permit fees shall be paid or posted prior to issuance of the permit, and the fee and 100 percent penalty shall be due upon demand of the enforcement agency for any park which has not applied for a permit.