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Section 18021.7 Of Chapter 3. Enforcement From California Health And Safety Code >> Division 13. >> Part 2. >> Chapter 3.
18021.7
. (a) (1) In addition to other remedies provided in this
part, the Director of Housing and Community Development or his or her
designee may issue a citation that assesses a civil penalty payable
to the department to any licensee who violates subdivision (d) of
Section 18020, Section 18021.5, 18026, 18029.6, or 18030, subdivision
(b) of Section 18032, Section 18035, 18035.1, 18035.2, 18035.3,
18036, 18039, 18045, 18045.5, 18045.6, 18046, or 18058, subdivision
(a) of Section 18059, subdivision (b) of Section 18059.5, subdivision
(c) of Section 18060, subdivision (c) of Section 18060.5, Section
18061, subdivision (d), (i), or (j) of Section 18061.5, subdivision
(a) or (b) of Section 18062, subdivision (a), (b), (d), (e), (f),
(g), or (h) of Section 18062.2, subdivision (c) of Section 18063, or
Section 18080.5.
(2) A violation of subdivision (d) of Section 18060.5 is also cause for citation if both the dealer and the manufacturer receive written notice of a warranty complaint from the complainant, from the department, or another source of information, and, at a minimum, the 90-day period provided for correction of substantial defects pursuant to Section 1797.7 of the Civil Code has expired.
(3) Each citation and related civil penalty assessment shall be issued no later than one year after discovery of the violation.
(b) (1) Except as provided in paragraph (2), the amount of any civil penalty assessed pursuant to subdivision (a) shall be one hundred dollars ($100) for each violation, but shall be increased to two hundred fifty dollars ($250) for each subsequent violation of the same prohibition for which a citation for the subsequent violation is issued within one year of the citation for the previous violation. The violation or violations giving cause for the citation shall be corrected if applicable, and payment of the civil penalty shall be remitted to the department within 45 days of the date of issuance of the citation. Civil penalties received by the department pursuant to this section shall be deposited in the Mobilehome-Manufactured Home Revolving Fund.
(2) (A) For violations of subdivision (d) of Section 18020, or Section 18026, the department shall assess the civil penalties in a range between two hundred fifty dollars ($250) and two thousand dollars ($2,000). When determining the amount of the assessed civil penalty, the department shall take into consideration whether one or more of the following or similar circumstances apply:
(i) The citation includes multiple violations.
(ii) The cited person has a history of violations of the same or similar provisions of this division and the regulations promulgated under this division.
(iii) In the judgment of the department, the person has exhibited bad faith or a conflict of interest.
(iv) In the judgment of the department, the violation is serious or harmful.
(v) The citation involves a violation perpetrated against a senior citizen, veteran, or person with disabilities.
(B) If a citation lists more than one violation and each of the violations relates to the same manufacturing facility or client, the total penalty assessment in each citation shall not exceed ten thousand dollars ($10,000).
(C) If a citation lists more than one violation, the amount of assessed civil penalty shall be stated separately for each section violated.
(c) Any person or entity served a citation pursuant to this section may petition for, and shall be granted, an informal hearing before the director or his or her designee. The petition shall be a written request briefly stating the grounds for the request. Any petition to be considered shall be received by the department within 30 days of the date of issuance of the citation.
(d) Upon receipt of a timely and complying petition, the department shall suspend enforcement of the citation and set a time and place for the informal hearing and shall give the licensee written notice thereof. The hearing shall commence no later than 30 days following receipt of the petition or at another time scheduled by the department pursuant to a request by the licensee or department if good and sufficient cause exists. If the licensee fails to appear at the time and place scheduled for the hearing, the department may notify the licensee in writing that the petition is dismissed and that compliance with terms of the citation shall occur within 10 days after receipt of the notification.
(e) The department shall notify the petitioner in writing of its decision and the reasons therefor within 30 days following conclusion of the informal hearing held pursuant to this section. If the decision upholds the citation, in whole or in part, the licensee shall comply with the citation in accordance with the decision within 30 days after the decision is mailed by the department.
(f) Nothing in this section shall be construed to preclude remedies available under other provisions of law.
(2) A violation of subdivision (d) of Section 18060.5 is also cause for citation if both the dealer and the manufacturer receive written notice of a warranty complaint from the complainant, from the department, or another source of information, and, at a minimum, the 90-day period provided for correction of substantial defects pursuant to Section 1797.7 of the Civil Code has expired.
(3) Each citation and related civil penalty assessment shall be issued no later than one year after discovery of the violation.
(b) (1) Except as provided in paragraph (2), the amount of any civil penalty assessed pursuant to subdivision (a) shall be one hundred dollars ($100) for each violation, but shall be increased to two hundred fifty dollars ($250) for each subsequent violation of the same prohibition for which a citation for the subsequent violation is issued within one year of the citation for the previous violation. The violation or violations giving cause for the citation shall be corrected if applicable, and payment of the civil penalty shall be remitted to the department within 45 days of the date of issuance of the citation. Civil penalties received by the department pursuant to this section shall be deposited in the Mobilehome-Manufactured Home Revolving Fund.
(2) (A) For violations of subdivision (d) of Section 18020, or Section 18026, the department shall assess the civil penalties in a range between two hundred fifty dollars ($250) and two thousand dollars ($2,000). When determining the amount of the assessed civil penalty, the department shall take into consideration whether one or more of the following or similar circumstances apply:
(i) The citation includes multiple violations.
(ii) The cited person has a history of violations of the same or similar provisions of this division and the regulations promulgated under this division.
(iii) In the judgment of the department, the person has exhibited bad faith or a conflict of interest.
(iv) In the judgment of the department, the violation is serious or harmful.
(v) The citation involves a violation perpetrated against a senior citizen, veteran, or person with disabilities.
(B) If a citation lists more than one violation and each of the violations relates to the same manufacturing facility or client, the total penalty assessment in each citation shall not exceed ten thousand dollars ($10,000).
(C) If a citation lists more than one violation, the amount of assessed civil penalty shall be stated separately for each section violated.
(c) Any person or entity served a citation pursuant to this section may petition for, and shall be granted, an informal hearing before the director or his or her designee. The petition shall be a written request briefly stating the grounds for the request. Any petition to be considered shall be received by the department within 30 days of the date of issuance of the citation.
(d) Upon receipt of a timely and complying petition, the department shall suspend enforcement of the citation and set a time and place for the informal hearing and shall give the licensee written notice thereof. The hearing shall commence no later than 30 days following receipt of the petition or at another time scheduled by the department pursuant to a request by the licensee or department if good and sufficient cause exists. If the licensee fails to appear at the time and place scheduled for the hearing, the department may notify the licensee in writing that the petition is dismissed and that compliance with terms of the citation shall occur within 10 days after receipt of the notification.
(e) The department shall notify the petitioner in writing of its decision and the reasons therefor within 30 days following conclusion of the informal hearing held pursuant to this section. If the decision upholds the citation, in whole or in part, the licensee shall comply with the citation in accordance with the decision within 30 days after the decision is mailed by the department.
(f) Nothing in this section shall be construed to preclude remedies available under other provisions of law.
