|§ 1757 Hearing.
(a) At the time and place of the hearing, the hearing officer shall hear the testimony of, and accept evidence from the legal owner of the property, or park owner or operator; the cited person; or their respective representative; and any other person with information or testimony relevant to the final notice to abate. The testimony shall be limited to the violations identified in the cited unit, structure, or property. Prior to the hearing, the enforcement agency shall provide all evidence supporting the abatement action to the hearing officer. If requested by the hearing officer, the appellant also may provide written information prior to the hearing, concurrent with a copy to the enforcement agency’s representative identified by the hearing officer.
(b) The hearing shall provide the appellant with the opportunity to be heard by the hearing officer designated by the enforcement agency and to show cause why the notice of violation should be modified or withdrawn.
(1) The appellant shall be entitled to call witnesses to testify at the hearing.
(2) The appellant shall be entitled to be represented by legal counsel at the hearing.
(3) The hearing officer shall regulate the course of the proceeding.
(4) The hearing officer shall permit the parties and may permit others to offer written or oral comments on the issues; may limit the use of witnesses, testimony, evidence, and argument, and may limit or eliminate the use of pleadings, intervention, discovery, prehearing conferences and rebuttal, consistent with Government Code sections 11445.10 and 11445.40.
(c) If the appellant does not appear at the hearing, the enforcement agency shall have the authority to proceed immediately with administrative or judicial action to secure compliance or abatement.
(d) Within ten (10) working days after the conclusion of the hearing, the hearing officer shall provide a final order to the appellant, in the form of a written decision. The final order shall:
(1) sustain, modify, or withdraw the notice of violation, and
(2) shall clearly state the enforcement agency's findings upon which the final order is based.
The decision shall be mailed by first class mail to all parties to the hearing. If the decision sustains or modifies the final notice to abate, the hearing officer may establish new dates and compliance schedules.
(e) At the discretion of the hearing officer, the enforcement agency shall post a copy of the written decision in a conspicuous place on the property or unit..
NOTE: Authority cited: Sections 18300 and 18421, Health and Safety Code. Reference: Sections 18402, 18403,18420, 18421,
and 18513 and 18605 Health and Safety Code.
§ 1758. Petition to Review Order of Local Enforcement Agency following
Formal a Hearing.
mobilehome park owner or operator, or the registered owner of a unit who shall be entitled to petition the department to review and investigate, as necessary, the enforcement activities of the local enforcement agency if he or she:
(1) has received a notice of violation issued
pursuant to Health and Safety Code section 18420 by an enforcement agency other than the department, and
(2) has received a
final, formal final order from the local enforcement agency following a formal hearing, shall be entitled to petition the department to review and investigate, as necessary, the enforcement activities of the local enforcement agency hearing.
(b) The petition shall be in writing and shall include the following:
(1) a copy of the original notice of violation,
(2) a copy of the enforcement agency's written determination, if an informal conference was held,
(3) a copy of the enforcement agency's
final, formal final order if a hearing were held, and
(4) a clear, concise explanation of the issues that the petitioner continues to dispute.
(c) The department shall
consider the petition in conjunction with deem the petition to be a request to exercise the department's responsibility to monitor local enforcement activity pursuant to subdivision (d) of section 18306 of the Health and Safety Code.
(1) Within sixty (60) working days of the receipt of the petition, the department shall review the petition and provide the petitioner with written notice of whether the activities of the local agency require investigation by the department.
(2) If the department has determined that the activities of the local agency require investigation by the department, the written notice to the petitioner shall provide a time frame for the investigation.
(3) If the department investigates the enforcement activities of a local agency in response to one or more petitions provided pursuant to subsection (a), the department shall notify each petitioner within sixty (60) days of the results of the department's investigation.
(d) If the department finds that the notice of violation, written determination, and/or final,
formal order issued by the local enforcement agency reflect(s) non-enforcement or over-enforcement of the law, the department shall initiate corrective action pursuant to the provisions of subdivision (d) of section 18300 of the Health and Safety Code.
(e) A petition filed pursuant to this section shall not extend the time for correction of the violation as provided in the original or any subsequent notice of violation issued by the local enforcement agency unless the department, based on the petition and materials submitted with the petition, determines there is a high likelihood that the local enforcement agency was incorrect in issuing the notice of violation.
NOTE: Authority cited: Sections 18300, and 18421, Health and Safety Code. Reference: Sections 18306, 18420, and 18421, Health and Safety Code.
§1759 Time to Bring Action
Any cited person, owner, or other aggrieved person having any objections as to any proceedings or actions undertaken by the hearing officer conducting the hearing, or the enforcement agency in ordering abatement or correction of any violation, shall bring an action in any court of competent jurisdiction within thirty (30) days after receipt of the final order or decision. For the purposes of this section, “aggrieved person” or entity is any person that claims to have been injured by actions of the enforcement agency that would permit the person to file a lawsuit in court.
NOTE: Authority cited: Sections 18300 and 18605, Health and Safety Code. Reference: Section18402, 18403, 18420, 18421, 18513 and 18605, Health and Safety Code.
Special Occupancy Parks
§ 2002. Definitions.
(1) Cabana. A freestanding accessory building or structure, or building component of a unit, located immediately adjacent to and intended to increase the living area of that unit, which is a portable, demountable, or permanent room enclosure or other building erected or constructed for habitation. A cabana shall not exceed the size of the unit to which it is an accessory.
(2) California Building Code. California Code of Regulations, Title 24, Part 2, as adopted and published by the California Building Standards Commission.
(3) California Electrical Code. California Code of Regulations, Title 24, Part 3, as adopted and published by the California Building Standards Commission.
(4) California Fire Code. California Code of Regulations, Title 24, Part 9, as adopted and published by the California Building Standards Commission.
(5) California Mechanical Code. California Code of Regulations, Title 24, Part 4, as adopted and published by the California Building Standards Commission.
(6) California Plumbing Code. California Code of Regulations, Title 24, Part 5, as adopted and published by the California Building Standards Commission.
(7) California Residential Code. California Code of Regulations, Title 24, Part 2.5, as adopted and published by the California Building Standards Commission.
(8) Carport. An accessory structure for vehicle parking, used for shade or weather protection, supported by one or more posts or columns and partially supported by a unit or other accessory structure installed, erected, or used on a lot.
8 9) Carport, Freestanding. An accessory structure for vehicle parking, used for shade or weather protection, supported entirely by columns or posts and, other than flashing, not attached to or supported by a unit or other accessory structure.
9 10) Certificate of Occupancy. A document issued by the enforcement agency when an MH-unit or commercial modular, installed on a foundation system, is approved for occupancy by the enforcement agency.
10 11) Certification. The department's stamp of approval applied to the earthquake resistant bracing system manufacturer's plans and installation instructions.
11 12) Cited Person. A person or entity issued a notice of violation for a violation of this chapter or applicable laws who is responsible for its correction.
12 13) Combustible. As applied to building construction is any material or construction which does not meet the criteria of noncombustible as defined in subsection (n) of this section.
13 14) Common Area. An area, within the boundaries of the park, that is not specific to any lot or space and is under the ownership and control of the park.
14 15) Commercial Modular. "Commercial modular" means a structure transportable in one or more sections, designed and equipped for human occupancy for industrial, professional, or commercial purposes, which is required to be moved under permit, and shall include a trailer coach as defined in section 635 of the Vehicle Code. "Commercial coach" has the same meaning as "commercial modular" as that term is defined in section 18001.8 of the Health and Safety Code.
15 16) Concrete Block Pier. An assembly of load-bearing, concrete blocks with wooden wedges used to support and level a unit.
16 17) Concrete Pier. A concrete load-bearing support that incorporates into its structure an adjustable means of raising and leveling the unit.
17 18) Contractor. Any person as defined in Business and Professions Code section 7026 through 7026.3.
(1) Gas Connector. A flexible connector, listed for exterior use, to convey gas from a gas riser outlet to the gas supply connection of a unit.
(2) Gas Piping, Main. A distribution line that serves as a common source of supply for more than one service line.
(3) Gas Piping System, Park. The pipe, equipment and related installations, outside of permanent buildings, units, or accessory buildings or structures, for distributing gas throughout the park.
(4) Gas Riser Outlet. That portion of a park gas line or gas piping system, extending above ground, serving a lot.
(5) Gas Service Line. The pipe, or that portion of a park gas piping system, extending from the main park gas line to the individual gas outlet serving a lot.
(6) Good Cause. What the enforcement agency would find to be a reasonable basis for failing to appear at the time and place scheduled for
a hearing, an informal conference, or formal hearing, conference or hearing; for extending the date of an informal conference or hearing pursuant to section 1756; or for not complying with a specified timeline.
(7) Gross Floor Area. The floor area enclosed within the surrounding exterior walls of a unit, accessory building or structure, or portions thereof. Where there are no walls, "gross floor area" means the usable area contained within the horizontal projection of the roof and floor.
(8) Guardrail. A vertical barrier erected along the open edges of a porch or other elevated area to prevent persons from falling to a lower level.
(1) Habitable Room or Structure. Any structure or room within a structure meeting the requirements of this chapter for sleeping, living, cooking, or dining purposes, excluding such enclosed spaces as awning enclosures, closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, unfinished attics, foyers, storage spaces, unfinished cellars, utility rooms, and similar spaces.
(2) Handrail. A railing provided for grasping with the hand for support, erected along one or more edges of a stairway or ramp.
(3) Hearing. The informal hearing procedure of the enforcement agency conducted by the director or his or her designee pursuant to Government Code section 11445.20 subdivision (c), including but not limited, to matters filed pursuant to Health and Safety Code sections 18865.3,18866.3, 18866.4, 18867, 18868, and 1,8870.14.
(4) Hearing Officer. The authorized representative of the enforcement agency, or other official authorized to conduct hearings.
(1) Sanitation Station, Recreational Vehicle. A plumbing receptor designed to receive the discharge of sewage holding tanks of self-contained recreational vehicles and which is equipped with a water hose connection for washing the receptor.
(2) Sewage Drain Lateral. That portion of the park sewage system that extends to an individual lot drain inlet.
(3) Sewage Drainage System. All the piping within or attached to the unit or accessory building or structure that conveys sewage or other liquid wastes to the drain outlet.
(4) Sewer, Park. That part of the park sewage drainage system beginning at the lot drain inlet or from a point two feet downstream from a permanent building drain connection and terminating at the public sewer or private sewer disposal system.
(5) Shall. "Shall" means required, and includes "must" and "will".
(6) Signed. When required by this chapter to memorialize or verify a permit, plans, or other document, means use of an original or “wet” stamp or signature, or both, of the architect, engineer, or other person memorializing the plan, permit, or other document. When such memorialization is not required by this chapter, an enforcement agency shall not require an original or “wet” stamp or signature, or both.
(7) Skirting. Material used to enclose or partially enclose the area under a unit or accessory building or structure.
(7)(8) Standard Plan Approval (SPA). A plan approved by the department for an accessory building or structure, an engineered tiedown system, or a foundation system, to be installed or constructed on a repetitive basis, for the purpose of obtaining a construction permit through an enforcement agency.
(8)(9) Stairway. A step or any configuration of steps or risers where the run (length) of an individual tread or step does not exceed thirty (30) inches, and which is designed to enable passage from one elevation to another.
(9)(10) Steel Pier. A steel support that incorporates into its structure an adjustable means of raising and leveling the unit or accessory building or structure that the pier supports.
(10)(11) Storage Building. An accessory building that may exceed ten (10) feet in height or one hundred twenty (120) square feet of gross floor area located on a lot, designed and used solely for storage of the personal equipment and possessions of the unit's occupants. The construction of a storage building shall comply with the California Building Standards Code, and a permit to construct is required from the enforcement agency.
(11)(12) Storage Cabinet. An accessory structure, not exceeding ten (10) feet in height or one hundred twenty (120) square feet of gross floor area, located on a lot, designed and used solely for the use and storage of the personal equipment and possessions of the unit's occupants.
(12)(13) Support. The entire pier and footing assembly, used to transfer the loads of a unit, accessory building or structure, or building component to the ground.
(13)(14) Support System. A system of supports, which sustains the vertical loads of a unit, accessory building or structure, or building component. A support system does not include a foundation system.
NOTE: Authority: Section 18865, 18865.05, and 18873, Health and Safety Code. References: Sections 18007, 18008, 18008.5, 18008.7, 18009.3, 18010, 18013.4, 18861, 18862, 18862.15, 18862.33, 18862.35, 18865.3.,18866.3, 18866.3, 18866.4, 18867, 18868, 18870.14. 18871.4, 18872, 18872.2, 18873, 18873.1, 18873.2, 18873.3, 18873.4, 18873.5, and 18909, Health and Safety Code.
§ 2008. Annual Permit to Operate Fees.
(a) Permit to operate fees shall be as follows:
(1) Annual permit to operate fee of twenty-five dollars ($25); and
(2) an additional two dollars ($2) per lot, or per campsite; and
(3) an additional four dollars ($4) per manufactured home or mobilehome lot; and
(4) A state fee as contained in Table 2008-1.
Number of Lots
500 or more
(b) The state fee is required to be paid annually.
(c) A permit to operate fee of twenty-five ($25), with no additional fee for the lots, is required to operate a temporary recreational vehicle park.
(d) When a city or county assumes responsibility for enforcement in accordance with section 2004 of this chapter, they shall bill the parks for the permit to operate on a calendar year with the park permit to operate valid from January 1st through December 31st.
NOTE: Authority cited: Sections 18865 and 18870.2, Health and Safety Code. Reference: Sections 18870.2 18870.3, and 18870.6 Health and Safety Code.
§ 2013. Emergency Preparedness Plans
(a) By September 10, 2010, every park shall adopt an emergency preparedness plan and notify park residents how to obtain a copy of the plan. In order to obtain a permit to operate, the information in subsections (c) and (d) must be submitted to the enforcement agency upon renewal of a permit to operate after September 10, 2010, or the issuance of the initial permit for a new park, whichever comes first.
(b) The emergency preparedness plan shall be one of the following:
(1) a plan consistent with all guidelines contained in the Standardized Emergency Management System Advisory Board’s booklet of November 21, 1997, entitled "Emergency Plans for Mobilehome Parks," published by the former Office of Emergency Services or any subsequent version, or
(2) a plan developed by park management comparable to the plans and procedures contained in the booklet described in subparagraph (1) above.
(c) Documentation submitted to the enforcement agency to obtain a permit to operate shall include at a minimum of the following:
(1) a copy of the plan available to the residents;
(2) the location of the posted notice in the park describing how the residents may obtain the plan;
(3) a copy of the notice distributed to residents that identifies additional state and local agencies individual emergency preparedness information including, but not limited to, the California Emergency Management Agency;
(4) written verification by the park operator that all residents have received written notification on how to obtain a copy of the plan and the information required in subsection (c)(3).
(d) At a minimum the following items should be included in a park’s emergency preparedness plan to be deemed consistent with or comparable to the “Emergency Plans for Mobilehome Parks” booklet, the standard defined in Health and Safety Code 18603.
Maps showing evacuation routes out of the park including all exits and alternate routes and exits.
The elevation of the park property if the park is in a floodplain.
Type of disasters common to the area.
How residents may obtain a copy of the plan.
General information regarding multiple types of disasters such as floods, earthquakes, fires, and other emergencies.
Contact information for emergency government agencies including the California Emergency Management Agency (CalEMA), local fire and police department and community assistance organizations such as the American Red Cross, or other emergency agencies’ contact information.
Local emergency broadcast station frequencies.
Information on how residents may obtain additional materials for establishing an individual household emergency plan, individual household emergency supply kits, and individual home safety recommendations.
(e) Park management is not responsible for physically evacuating residents from their homes and park residents must take personal responsibility for themselves during an emergency. Residents that may need assistance in the event of an evacuation should make prior arrangements to have that assistance available.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sections 18870, and 18871.8, Health and Safety Code.
§ 2018. Permits Required.
(a) No person shall erect, construct, reconstruct, install, replace, relocate or alter any building, structure, camping cabin, accessory building or structure, or building component; any electrical, mechanical, or plumbing equipment; any fuel gas equipment and installations, or fire protection equipment; or installations of, or within, a park, or a lot, or perform any non-load bearing grading or area fill with a depth of one (1) foot or greater, unless exempted from obtaining a grading permit pursuant to Appendix J of the California Building Code, without first obtaining a written construction permit from the enforcement agency.
(b) No person shall create or change a lot line within a park without first obtaining a permit from the enforcement agency pursuant to the requirements of section 2105 of this chapter.
(c) Any person issued a notice indicating violations pursuant to this section shall obtain the required permit from the enforcement agency and provide the appropriate fees as prescribed in this article.
(d) The enforcement agency shall not require a permit to construct for the following work, when the construction is performed in a workmanlike manner, does not present a hazard, and otherwise complies with the requirements of this chapter:
(1) Minor maintenance and repair including replacement of existing utility metering devices.
(2) The installation of a storage cabinet on a lot.
(3) Construction or installation of a stairway having a landing twelve (12) square feet or less.
(4) A landing not more than twelve (12) square feet in area.
(5) Construction or installation of removable insect screening, flexible plastic or canvas type material used as an awning or as awning or carport enclosures.
(6) Construction or installation of a retaining wall less than four (4) feet in height measured from the bottom of the footing to the top of the wall
, unless it is supporting a surcharge. For the purpose of this section, a surcharge is any load imposed in addition to the normal soil load.
(7) Construction or installation of a patio, as defined in section 2002(p)(3).
(8) Fences not over six (6) feet high.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sections 18870, 18870.8, 18872 and 18872.1, Health and Safety Code.