BILL NUMBER: AB 1964INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Torres FEBRUARY 17, 2010 An act to amend Sections 18400.1, 18424, and 18502 of the Health and Safety Code, relating to mobilehomes. LEGISLATIVE COUNSEL'S DIGEST AB 1964, as introduced, Torres. Mobilehome Parks Act. Existing law, the Mobilehome Parks Act, requires the Department of Housing and Community Development to enact and enforce rules and regulations to protect public health and safety in mobilehome parks. The act prescribes requirements and procedures relating to the inspection of mobilehome parks, the issuance of notices to correct a violation of the act, and the payment of various renewal, registration, and operating fees. These provisions are repealed on January 1, 2012. Violation of the act is a misdemeanor. This bill would instead extend these provisions until January 1, 2019, continuation of the misdemeanor provisions would constitute a state-mandated local program. 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. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 18400.1 of the Health and Safety Code is amended to read: 18400.1. (a) In accordance with subdivision (b), the enforcement agency shall enter and inspect mobilehome parks, as required under this part, with a goal of inspecting at least 5 percent of the parks per year, to ensure enforcement of this part and the regulations adopted pursuant to this part. The enforcement agency's inspection shall include an inspection of the exterior portions of individual manufactured homes and mobilehomes in each park inspected. Any notices of violation of this part shall be issued pursuant to Chapter 3.5 (commencing with Section 18420). (b) In developing its mobilehome park maintenance inspection program, the enforcement agency shall inspect the mobilehome parks that the enforcement agency determines have complaints that have been made to the enforcement agency regarding serious health and safety violations in the park. A single complaint of a serious health and safety violation shall not automatically trigger an inspection of the entire park unless upon investigation of that single complaint the enforcement agency determines that there is a violation and that an inspection of the entire park is necessary. (c) This part does not allow the enforcement agency to issue a notice for a violation of existing laws or regulations that were not violations of the laws or regulations at the time the mobilehome park received its original permit to operate, or the standards governing any subsequent permit to construct, or at the time the manufactured home or mobilehome received its original installation permit, unless the enforcement agency determines that a condition of the park, manufactured home, or mobilehome endangers the life, limb, health, or safety of the public or occupants thereof. (d) Not less than 30 days prior to the inspection of a mobilehome park under this section, the enforcement agency shall provide individual written notice of the inspection to the registered owners of the manufactured homes or mobilehomes, with a copy of the notice to the occupants thereof, if different than the registered owners, and to the owner or operator of the mobilehome park and the responsible person, as defined in Section 18603. (e) At the sole discretion of the enforcement agency's inspector, a representative of either the park operator or the mobilehome owners may accompany the inspector during the inspection if that request is made to the enforcement agency or the inspector requests a representative to accompany him or her. If either party requests permission to accompany the inspector or is requested by the inspector to accompany him or her, the other party shall also be given the opportunity, with reasonable notice, to accompany the inspector. Only one representative of the park owner and one representative of the mobilehome owners in the park may accompany the inspector at any one time during the inspection. If more than one representative of the mobilehome owners in the park requests permission to accompany the inspector, the enforcement agency may adopt procedures for choosing that representative. (f) The enforcement agency shall coordinate a preinspection orientation for mobilehome owners and mobilehome park operators with the use of an audiovisual presentation furnished by the department to affected local enforcement agencies. Enforcement agencies shall furnish the audiovisual presentation to park operators and mobilehome owner representatives in each park subject to inspection not less than 30 days prior to the inspection. Additionally, it is the Legislature's intent that the department shall, where practicable, conduct live presentations, forums, and outreach programs throughout the state to orient mobilehome owners and park operators on the mobilehome park maintenance inspection program and their rights and obligations under the program. (g) This section shall remain in effect only until January 1,20122019 , and as of that date is repealed, unless a later enacted statute, that is enacted before January 1,20122019 , deletes or extends that date. SEC. 2. Section 18424 of the Health and Safety Code is amended to read: 18424. This chapter shall remain in effect only until January 120122019 , and as of that date is repealed, unless a later enacted statute, that is enacted before January 1,20122019 , deletes or extends that date. SEC. 3. Section 18502 of the Health and Safety Code, as added by Section 8 of Chapter 341 of the Statutes of 2009, is amended to read: 18502. Fees as applicable shall be submitted for permits, as follows: (a) Fees for a permit to conduct any construction subject to this part as determined by the schedule of fees adopted by the department. (b) Plan checking fees equal to one-half of the construction, plumbing, mechanical, and electrical permit fees, except that the minimum fee shall be ten dollars ($10). (c) (1) An annual operating permit fee of one hundred forty dollars ($140) and an additional seven dollars ($7) per lot. (2) An additional annual fee of four dollars ($4) per lot shall be paid to the department or the local enforcement agency, as appropriate, at the time of payment of the annual operating fee. All revenues derived from this fee shall be used exclusively for the inspection of mobilehome parks and mobilehomes to determine compliance with the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200)) and any regulations adopted pursuant to the act. (3) The Legislature hereby finds and declares that the health and safety of mobilehome park occupants are matters of public interest and concern and that the fee paid pursuant to paragraph (2) shall be used exclusively for the inspection of mobilehome parks and mobilehomes to ensure that the living conditions of mobilehome park occupants meet the health and safety standards of this part and the regulations adopted pursuant thereto. Therefore, notwithstanding any other law or local ordinance, rule, regulation, or initiative measure to the contrary, the holder of the permit to operate the mobilehome park shall be entitled to directly charge one-half of the per lot additional annual fee specified herein to each homeowner, as defined in Section 798.9 of the Civil Code. In that event, the holder of the permit to operate the mobilehome park shall be entitled to directly charge each homeowner for one-half of the per lot additional annual fee at the next billing for the rent and other charges immediately following the payment of the additional fee to the department or local enforcement agency. (d) Change in name fee or transfer of ownership or possession fee of ten dollars ($10). (e) Duplicate permit fee or amended permit fee of ten dollars ($10). (f) This section shall remain in effect only until January 1,20122019 , and as of that date is repealed, unless a later enacted statute, that is enacted before January 1,20122019 , deletes or extends that date. SEC. 4. Section 18502 of the Health and Safety Code, as added by Section 10 of Chapter 341 of the Statutes of 2009, is amended to read: 18502. Fees as applicable shall be submitted for permits, as follows: (a) Fees for a permit to conduct any construction subject to this part as determined by the schedule of fees adopted by the department. (b) Plan checking fees equal to one-half of the construction, plumbing, mechanical, and electrical permit fees, except that the minimum fee shall be ten dollars ($10). (c) An annual operating permit fee of one hundred forty dollars ($140) and an additional seven dollars ($7) per lot. (d) Change in name fee or transfer of ownership or possession fee of ten dollars ($10). (e) Duplicate permit fee or amended permit fee of ten dollars ($10). (f) This section shall become operative on January 1,20122019 . SEC. 5. 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.