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AB-2970 Mobilehome parks and manufactured housing communities: omnibus bill.(2019-2020)

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Date Published: 04/30/2020 09:00 PM
AB2970:v98#DOCUMENT

Amended  IN  Assembly  May 04, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2970


Introduced by Assembly Member Mayes

February 21, 2020


An act to amend Sections 18009.3, 18300, 18402, 18420, and 18550.1 of, and to add Section 18701 to, the Health and Safety Code, relating to housing.


LEGISLATIVE COUNSEL'S DIGEST


AB 2970, as amended, Mayes. Mobilehome parks and manufactured housing communities: omnibus bill.
(1) Existing law, the Manufactured Housing Act of 1980, requires the Department of Housing and Community Development to enforce various laws pertaining to the structural, fire safety, plumbing, heat-producing, or electrical systems and installations or equipment of a manufactured home, mobilehome, special purpose commercial coach, or commercial coach. The Manufactured Housing Act defines park trailer, also known as a recreational vehicle, as a trailer designed for human habitation for recreational or seasonal use only, that meets specified requirements, and imposes certain design and safety requirements on park trailers. The act requires a recreational vehicle that is offered for sale, sold, rented, or leased within the state to bear a label or an insignia indicating the manufacturer’s compliance with specified standards. Under existing law, it is a misdemeanor for any person to knowingly remove or cause to be removed, among other prohibited acts, that label, insignia, or insignia of approval affixed on the recreational vehicle.
This bill would redefine a park trailer as a trailer designed for human habitation for recreational, seasonal, or other use that meets specified requirements. By expanding the scope of a crime, the bill would impose a state-mandated local program.
(2) Existing law, the Mobilehome Parks Act (act), requires every city, county, or city and county to enforce the act inside of a park, defined as a mobilehome park or manufactured housing community, in its jurisdiction when it has assumed responsibility for enforcement of the act and the Special Occupancy Parks Act and outside of parks in its jurisdiction. The act provides that it does not prohibit, among other things, the local authorities of a city, county, or city and county from regulating the construction and use of equipment and facilities located outside of a manufactured home or mobilehome used to supply gas, water, or electricity thereto, except facilities owned, operated, and maintained by a public utility, or to dispose of sewage or other waste therefrom when the facilities are located outside a park for which a permit is required, as described.
This bill would instead provide that it does not prohibit the local authorities of a city, county, or city and county from regulating the construction and use of equipment or and facilities located outside of a manufactured home or mobilehome used to supply gas, water, or electricity thereto, or to dispose of sewage or other waste therefrom, when the equipment or facilities are located outside a park for which a permit is required, as described, except for the construction and use of equipment or facilities owned, operated, and maintained by a public utility.

Existing law requires an enforcement agency, defined as the department or any city, county, or city and county which has assumed responsibility for the enforcement of the act and Special Occupancy Parks Act, for a mobilehome park to issue a notice of violation to the registered owner of a manufactured home or mobilehome, and the occupant of the home if the occupant is different from the registered owner, if the home is in violation of specified provisions of the act (first notice). The act also requires an enforcement agency to issue a notice of violation to the owner or operator of the mobilehome park and responsible person for any violation of the act (second notice).

This bill would require a copy of the first notice to also be sent to the owner or operator of the mobilehome park. The bill would also authorize, in the event the registered owner of the manufactured home or mobilehome does not correct a violation for which a first or second notice was issued within a reasonable time, the enforcement agency to issue, 30 days prior to enforcement against the registered owner of the manufactured home or mobilehome, a notice of enforcement action against that registered owner to the owner or operator of the mobilehome park for purposes of providing the owner or operator of the mobilehome park a reasonable opportunity to have that registered owner correct the violations.

Existing law requires the owner or operator of a park to abate any nuisance in the park within a specified number of days after the owner or operator has been given written notice to remove the nuisance. Existing law authorizes specified individuals, including, but not limited to, a district attorney, to bring civil actions to abate nuisances for a park. Existing law authorizes an enforcement agency to institute any appropriate action or proceeding to prevent, restrain, correct, or abate specified violations of the act, regulations adopted pursuant to the act, or any order or notice issued by the enforcement agency. Existing law also authorizes an enforcement agency to suspend a permit to operate if the person who holds the permit violates the permit or the act.

This bill would prohibit a person from bringing a civil action against the owner or operator of a park for a nuisance caused by the registered owner of a manufactured home or mobilehome in the park if the owner or operator of the park has taken steps to abate the nuisance, unless the owner or operator of the park is the registered owner causing the nuisance. The bill would also prohibit an enforcement agency from suspending or revoking a permit to operate for uncorrected violations of the act, regulations adopted pursuant to the act, or any order or notice issued by the enforcement agency if the violation is caused by the registered owner of a manufactured home or mobilehome and the owner or operator of the park has taken steps to correct the violation, unless the owner or operator of the park is the registered owner causing the violation.

Existing law requires that if, upon inspection, the enforcement agency determines that a manufactured home, mobilehome, an accessory building or structure, or lot is in violation of specified requirements, the enforcement agency shall promptly, but not later than 10 days, after completion of the inspection and determination 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.
This bill would require a copy of the notice to also be sent to the owner or operator of the mobilehome park.
Existing law requires that if, upon inspection, the enforcement agency determines that a manufactured home, mobilehome, an accessory building or structure, or lot is in violation of specified requirements and that violation 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 on the occupant, with a copy mailed to the registered owner, if different from the occupant, to the owner or operator of the mobilehome park, and to the responsible person for the mobilehome park. All violations are to be corrected within a reasonable time as determined by the enforcement agency and contained within the notice.
This bill would authorize, when the registered owner of the manufactured home or mobilehome does not correct all of the imminent hazard violations within a reasonable time, the enforcement agency to provide, 30 days prior to taking enforcement actions, a notice of enforcement against that registered owner to the owner or operator of the mobilehome park for purposes of giving the owner or operator a reasonable opportunity to have the registered owner correct the violations.
Existing law authorizes an enforcement agency to institute any appropriate action or proceeding to prevent, restrain, correct, or abate specified violations of the act, regulations adopted pursuant to the act, or any order or notice issued by the enforcement agency. Existing law also authorizes an enforcement agency to suspend a permit to operate if the person who holds the permit violates the permit or the act.
This bill would prohibit an enforcement agency from suspending or revoking a permit to operate for uncorrected violations of the act, regulations adopted pursuant to the act, or any order or notice issued by the enforcement agency if the violation is caused by the registered owner of a manufactured home or mobilehome and the owner or operator of the park has taken steps to correct the violation, unless the owner or operator of the park is the registered owner causing the violation.
Existing law makes it unlawful, commencing January 1, 2021, for any person to use for occupancy any manufactured home or mobilehome, wherever the manufactured home or mobilehome is located, that does not conform to the registration requirements of the department, provided that the department has provided notice to the occupant of the registration requirements and any registration fees due.
This bill would require the department to notify the owner or operator of a manufactured housing community of any notice provided to an occupant of a manufactured home or mobilehome in the manufactured housing community pursuant to that provision.
(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 18009.3 of the Health and Safety Code is amended to read:

18009.3.
 (a) “Park trailer” means a trailer designed for human habitation for recreational, seasonal, or other use that meets all of the following requirements:
(1) It contains 400 square feet or less of gross floor area, excluding loft area space if that loft area space meets the requirements of subdivision (b) and Section 18033. It may not exceed 14 feet in width at the maximum horizontal projection.
(2) It is built upon a single chassis.
(3) It may only be transported upon the public highways with a permit issued pursuant to Section 35780 of the Vehicle Code.
(b) For purposes of this section and Section 18033, “loft area” means any area within a unit that is elevated 30 inches or more above the main floor area and designed to be occupied. In order for the floor of a loft area to be occupied and excluded from the calculation of gross floor area for purposes of subdivision (a), the loft area shall meet all of the requirements of Section 18033. Loft areas not meeting the requirements of this subdivision and Section 18033 shall not be occupied and shall be posted with a permanent label conspicuously located within 24 inches of the opening of each noncomplying loft. The label language and design shall provide the following:

WARNING
This area is not designed to be occupied and shall be used only for storage.

Lettering on this label shall contrast with the label’s background and shall be not less than one-quarter inch in height, except for the word “WARNING” which shall be not less than one-half inch in height.
(c) A park trailer hitch, when designed by the manufacturer to be removable, may be removed and stored beneath a park trailer.
(d) If any provision of this section or Section 18033 conflicts with ANSI Standard A119.5 Recreational Park Trailers as it is published at any time, the statutory provision shall prevail.

SEC. 2.

 Section 18300 of the Health and Safety Code is amended to read:

18300.
 (a) This part applies to all parts of the state and supersedes any ordinance enacted by any city, county, or city and county, whether general law or chartered, applicable to this part. Except as provided in Section 18930, the department may adopt regulations to interpret and make specific this part and, when adopted, the regulations shall apply to all parts of the state.
(b) Upon 30 days’ written notice from the governing body to the department, any city, county, or city and county may assume the responsibility for the enforcement of both this part and Part 2.3 (commencing with Section 18860) and the regulations adopted pursuant to this part and Part 2.3 (commencing with Section 18860) following approval by the department for the assumption.
(c) The department shall adopt regulations that set forth the conditions for assumption and may include required qualifications of local enforcement agencies. The conditions set forth and the qualifications required in the regulations shall relate solely to the ability of local agencies to enforce properly this part and the regulations adopted pursuant to this part. The regulations shall not set forth requirements for local agencies different than those that the state maintains for its own enforcement program. When assumption is approved, the department shall transfer the responsibility for enforcement to the city, county, or city and county, together with all records of parks within the jurisdiction of the city, county, or city and county.
(d) (1) In the event of nonenforcement of this part or the regulations adopted pursuant to this part by a city, county, or city and county, the department shall enforce both this part and Part 2.3 (commencing with Section 18860) and the regulations adopted pursuant to this part and Part 2.3 (commencing with Section 18860) in the city, county, or city and county, after the department has given written notice to the governing body of the city, county, or city and county, setting forth in what respects the city, county, or city and county has failed to discharge its responsibility, and the city, county, or city and county has failed to initiate corrective measures to carry out its responsibility within 30 days of the notice.
(2) Where the department determines that the local enforcement agency is not properly enforcing this part or Part 2.3 (commencing with Section 18860), the local enforcement agency may appeal the decision to the director of the department.
(e) (1) Any city, city and county, or county may cancel its assumption of responsibility for the enforcement of both this part and Part 2.3 (commencing with Section 18860) by providing written notice of the cancellation to the department. The department shall assume responsibility within 90 days after receipt of the notice.
(2) Any local enforcement agency that relinquishes enforcement authority to the department shall remit to the department any fees collected pursuant to Section 18502 that have not been expended for purposes of this part, except that, for fees collected pursuant to subdivision (c) of that section, the local enforcement agency shall pay to the department a sum that is equal to the percentage of the year remaining before outstanding permits to operate expire. In addition, the local enforcement agency that relinquishes enforcement authority to the department shall remit to the department any fees collected pursuant to this part for permits to construct or for plan review, or both, for which a final approval of the construction has not yet been issued.
(f) Every city, county, or city and county, within its jurisdiction, shall enforce this part and the regulations adopted pursuant to this part, as they relate to manufactured homes, mobilehomes, or recreational vehicles, and to accessory buildings or structures located in both of the following areas:
(1) Inside of parks while the city, county, or city and county has assumed responsibility for enforcement of both this part and Part 2.3 (commencing with Section 18860).
(2) Outside of parks.
(g) This part shall not prevent local authorities of any city, county, or city and county, within the reasonable exercise of their police powers, from doing any of the following:
(1) From establishing, subject to the requirements of Sections 65852.3 and 65852.7 of the Government Code, certain zones for manufactured homes, mobilehomes, and mobilehome parks within the city, county, or city and county, or establishing types of uses and locations, including family mobilehome parks, senior mobilehome parks, mobilehome condominiums, mobilehome subdivisions, or mobilehome planned unit developments within the city, county, or city and county, as defined in the zoning ordinance, or from adopting rules and regulations by ordinance or resolution prescribing park perimeter walls or enclosures on public street frontage, signs, access, and vehicle parking or from prescribing the prohibition of certain uses for mobilehome parks.
(2) From regulating the construction and use of equipment and facilities located outside of a manufactured home or mobilehome used to supply gas, water, or electricity thereto, or to dispose of sewage or other waste therefrom, when the equipment or facilities are located outside a park for which a permit is required by this part or the regulations adopted pursuant thereto, except for the construction and use of equipment or facilities owned, operated, and maintained by a public utility.
(3) From requiring a permit to use a manufactured home or mobilehome outside a park for which a permit is required by this part or by regulations adopted pursuant thereto, and require a fee therefor by local ordinance commensurate with the cost of enforcing this part and local ordinance with reference to the use of manufactured homes and mobilehomes, which permit may be refused or revoked if the use violates this part or Part 2 (commencing with Section 18000), any regulations adopted pursuant thereto, or any local ordinance applicable to that use.
(4) From requiring a local building permit to construct an accessory structure for a manufactured home or mobilehome when the manufactured home or mobilehome is located outside a mobilehome park, under circumstances when this part or Part 2 (commencing with Section 18000) and the regulations adopted pursuant thereto do not require the issuance of a permit therefor by the department.
(5) From prescribing and enforcing setback and separation requirements governing the installation of a manufactured home, mobilehome, or mobilehome accessory structure or building installed outside of a mobilehome park.
(h) (1) A city, including a charter city, county, or city and county, shall not require the average density in a new park to be less than that permitted by the applicable zoning ordinance, plus any density bonus, as defined in Section 65915 of the Government Code, for other affordable housing forms.
(2) A city, including a charter city, county, or city and county, shall not require a new park to include a clubhouse. Recreational facilities, recreational areas, accessory structures, or improvements may be required only to the extent that the facilities or improvements are required in other types of residential developments containing a like number of residential dwelling units.
(3) A city, including a charter city, county, or city and county, shall not require the setback and separation requirements authorized by paragraph (5) of subdivision (g) to be greater than those permitted by applicable ordinances for other housing forms.

SEC. 3.Section 18402 of the Health and Safety Code is amended to read:
18402.

(a)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.

(b)(1)Notwithstanding subdivision (a) and any other law, a person shall not bring a civil action against the owner or operator of a park for a nuisance caused by a registered owner of a manufactured home or mobilehome in the park if the owner or operator of the park has taken steps to abate the nuisance.

(2)Paragraph (1) shall not apply if the registered owner of a manufactured home or mobilehome causing the nuisance is also the owner or operator of the park.

SEC. 4.SEC. 3.

 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 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 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 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 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 owner or operator of the mobilehome park and the occupant of the manufactured home or mobilehome at issue if the occupant is different from the registered owner.
(2) In the event 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 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 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.
(7) In the event the registered owner of the manufactured home or mobilehome does not correct all violations described in paragraph (2) of subdivision (a) and paragraph (2) of subdivision (b) within a reasonable time, the enforcement agency may issue, 30 days prior to enforcement against the registered owner of the manufactured home or mobilehome, a notice of enforcement action against that registered owner to the owner or operator of the mobilehome park for purposes of providing the owner or operator of the mobilehome park a reasonable opportunity to have that registered owner correct the violations.
(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 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 violates this part and its determination not to issue a notice of violation.

SEC. 5.SEC. 4.

 Section 18550.1 of the Health and Safety Code is amended to read:

18550.1.
 (a) On and after January 1, 2021, it is unlawful for any person to use for occupancy any manufactured home or mobilehome, wherever the manufactured home or mobilehome is located, that does not conform to the registration requirements of the department, provided that the department has provided notice to the occupant of the registration requirements and any registration fees due.
(b) The department shall notify the owner or operator of a manufactured housing community of any notice, as described in subdivision (a), provided to an occupant of a manufactured home or mobilehome in the manufactured housing community.

SEC. 6.SEC. 5.

 Section 18701 is added to the Health and Safety Code, to read:

18701.
 (a) Notwithstanding any other law, the enforcement agency shall not suspend or revoke a permit to operate for uncorrected violations of this part, the regulations adopted pursuant to this part, or any order or notice issued by the enforcement agency, if the violation is caused by a registered owner of a manufactured home or mobilehome and the owner or operator of the park has taken steps to correct the violation.
(b) This section shall not apply if the registered owner of a manufactured home or mobilehome causing the violation is also the owner or operator of the park.

SEC. 7.SEC. 6.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.