California 2011 2011-2012 Regular Session

California Senate Bill SB149 Amended / Bill

Filed 05/25/2012

 BILL NUMBER: SB 149AMENDED BILL TEXT AMENDED IN ASSEMBLY MAY 25, 2012 AMENDED IN SENATE JANUARY 11, 2012 AMENDED IN SENATE JANUARY 4, 2012 INTRODUCED BY Senator Correa FEBRUARY 1, 2011 An act to amend  Section   Sec   tions  18506  and 18870.7  of the Health and Safety Code, relating to  mobilehomes   mobilehome and special occupancy parks  . LEGISLATIVE COUNSEL'S DIGEST SB 149, as amended, Correa.  Mobilehome Parks Act: permit invoice: notice.   Mobilehome and special occupancy parks: permit invoice: notice.  The Mobilehome Parks Act generally regulates various classifications of mobilehome and related vehicle parks  , including special occupancy parks, and imposes enforcement duties on the Department of Housing and Community Development and local enforcement agencies. The act requires   .   The Special Occupancy Parks Act generally regulates special occupancy parks. Those acts require  any person prior to operating a manufactured housing community  or   ,  mobilehome park  ,   or special occupancy park  to obtain a valid permit that is issued by the enforcement agency  , as specified  . Existing law requires that the permit be issued and invoiced according to a method and schedule established by the  department   Department of Housing and Community Development  . The Mobilehome Residency Law  governs     and the Recreational Vehicle Park Occupancy Law govern  tenancies in mobilehome parks  ,   and recreational vehicle parks  and  imposes   impose  various duties on the owners of mobilehome parks  and recreational vehicle parks  and the agents and representatives authorized to act on behalf of the owners. This bill would require that the invoice for the  permit   permits  to operate  issued pursuant to the Mobilehome Parks Act or the Special Occupancy Parks Act  provide notice of the Mobilehome Residency Law and  where it may be obtained     the Recreational Vehicle Park Occupancy Law, as applicable  . Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 18506 of the Health and Safety Code is amended to read: 18506. A permit to operate shall be issued by the enforcement agency. A copy of each permit to operate shall be forwarded to the department. A permit to operate shall not 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. Any park which was in existence on September 15, 1961, shall not be denied a permit to operate if the park complied with the law which this part supersedes. A permit to operate shall be issued for a 12-month period and invoiced according to a method and schedule established by the department. The invoice shall provide notice of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code)  and where it may be obtained   and the Recreational Vehicle Park Occupancy Law (Chapter 2.6 (commencing with Section 799.20) of Title 2 of Part 2 of Division 2 of the Civil Code), as applicable to the park  . Any permit application 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. The penalty and the established permit fee shall be paid 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.  SEC. 2.   Section 18870.7 of the   Health and Safety Code   is amended to read:  18870.7.  Permits   A permit  to operate shall be issued by the enforcement agency. A copy of each permit to operate shall be forwarded to the department.  No   A  permit to operate shall  not  be issued for a park when the previous operating permit has been suspended by the enforcement agency until the violations that were the basis for the suspension have been corrected.  No   Any  park that was in existence on September 15, 1961, shall  not  be denied a permit to operate if the park complied with the law that this part directly or indirectly supersedes.  Permits   A permit  to operate shall be issued for a 12-month period and invoiced according to a method and schedule established by the department.  The invoice shall provide notice of the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code) and the Recreational Vehicle Park Occupancy Law (Chapter 2.6 (commencing with Section 799.20) of Title 2 of Part 2 of Division 2 of the Civil   Code), as applicable to the park.  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.  These penalties   The penalty  and the established permit  fees   fee shall be paid 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 that has not applied for a permit.