Bill Text: CA AB3024 | 2019-2020 | Regular Session | Amended
Bill Title: Mobilehome parks: inspection.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-05-05 - Re-referred to Com. on H. & C.D. [AB3024 Detail]
Download: California-2019-AB3024-Amended.html
|
Amended
IN
Assembly
May 04, 2020 |
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
Assembly Bill
No. 3024
| Introduced by Assembly Member Fong |
February 21, 2020 |
An act to amend Section 18400.1 of the Health and Safety Code, relating to mobilehomes.
LEGISLATIVE COUNSEL'S DIGEST
AB 3024, as amended, Fong.
Mobilehome Parks Act. Mobilehome parks: inspection.
The
Existing law, the Mobilehome Parks Act Act, requires the Department of Housing and Community Development or a city, county, or city and county that assumes responsibility for the enforcement of the act to enter and inspect mobilehome parks with a goal of inspecting at least 5% of the parks each year to ensure enforcement of the act and implementing
regulations.
Existing law requires an enforcement agency to inspect, as a part of its mobilehome park maintenance inspection program, mobilehome parks that the enforcement agency determines have complaints regarding serious health and safety violations in the park. Existing law repeals these provisions on January 1, 2024.
This bill would make nonsubstantive changes to that provision.
This bill would, until January 1, 2024, additionally authorize an enforcement agency to inspect specified mobilehome parks as a part of its mobilehome park maintenance inspection program, including, among others, a mobilehome park that has operated the last 7 years without a mobilehome park maintenance inspection, a
mobilehome park that has not submitted an application for a permit to construct during the previous 12 months, and a mobilehome park for which the enforcement agency has information or complaint data that the mobilehome park has serious or frequent infrastructure issues, fire separation issues, electrical outages, water quality issues, or septic or sewer leakage or failures.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
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. A notice of violation of this part shall be issued pursuant to Chapter 3.5 (commencing with Section 18420).(b) (1) 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.
(2) An enforcement agency may additionally inspect, as a part of its mobilehome park maintenance inspection program, a mobilehome park that meets any of the following criteria:
(A) A mobilehome park that has operated the last seven years without a mobilehome park maintenance inspection.
(B) A mobilehome park for which the mobilehome park owner or operator has not requested an inspection or submitted an application for a permit to construct during the previous 12 months.
(C) A mobilehome park for which the enforcement agency has received a serious health and safety complaint within the previous 12 months.
(D) A mobilehome park for which the enforcement agency has information or complaint data that the mobilehome park has serious or frequent infrastructure issues, fire separation issues, electrical outages or nuisances, water quality issues, or septic or sewer leakage or failures.
(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 them. If either party requests permission to accompany the inspector or is requested by the inspector to accompany them, 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, 2024, and as of that date is repealed.
