Section 18116.2 Of Article 6. Fees And Taxes From California Health And Safety Code >> Division 13. >> Part 2. >> Chapter 8. >> Article 6.
18116.2
. (a) If the lien in favor of the State of California in the
amount owing as provided by Section 18116.1 is against a commercial
coach, and that lien has not been satisfied for a period of one year
from the date the commercial coach became subject to the lien, the
department may collect the amount of the lien on the commercial coach
plus costs not to exceed four hundred fifty dollars ($450) by
appropriate civil action or by seizure and sale of the commercial
coach and its contents on which the lien has been placed or by
seizure and sale of any other commercial coach owned by the owner of
the commercial coach on which the lien has been placed.
(b) At least 10 days before the seizure, notice of the lien and of
the intent to seize and sell the commercial coach and its contents
shall be given by the department to the registered owner and legal
owners, and any other persons known to be claiming an interest in the
commercial coach or its contents, by registered mail addressed to
those persons at the last known address appearing on the department's
records.
(c) Any person receiving the notice of the lien and the intent to
seize and sell the commercial coach and its contents may request a
hearing to contest the existence or the amount of the lien. If no
hearing is requested, the commercial coach and its contents shall be
seized and sold.
(d) If a hearing is requested, a 10-day notice shall be given of
the time and place of the hearing, which shall be held within the
county of residence of the person requesting the hearing or of the
registered owner. The hearing shall be conducted by a referee, who
shall submit findings and recommendations to the director of the
department or the director's authorized representative, who shall
decide the matter. The decision shall be effective on notice thereof
to the interested parties.
(e) At any time before seizure or sale, any registered owner,
legal owner or person claiming an interest in the commercial coach or
its contents may pay the department the amount of the lien, plus
costs. In that event, the seizure and sale shall not be held and the
commercial coach and its contents, if seized, shall be returned by
the department to the person entitled to its possession. This payment
shall not constitute a waiver of the right to a hearing.
(f) When the department or an authorized agent has reasonable
cause to believe that the lien may be jeopardized within the 10-day
notice of intent period, the commercial coach and its contents may be
seized without prior notice to the registered owner or legal owner,
upon obtaining authorization for the seizure from the director of the
department or the director's authorized representative. In those
cases, a notice of the lien and the intent to sell the commercial
coach and its contents shall be given by the department to the
registered and legal owners and anyone known to be claiming an
interest in the commercial coach or its contents, within 48 hours
after seizure, excluding Saturdays, Sundays and the holidays
specified in Section 6700 of the Government Code. Any hearing to
contest the lien and the seizure shall be requested within 10 days of
the date that notice was placed in the United States mail.
(g) When a lien exists against one or more commercial coaches
owned by the same person, persons, or company, the department may
seize and sell a sufficient number of commercial coaches to satisfy
the lien plus costs, in accordance with subdivision (a).
(h) Any state, municipality, or county law enforcement agency may
assist with the seizure and impounding of the commercial coach.
(i) The department shall make a physical inventory of all the
contents of a commercial coach that has been seized within 24 hours
of the time of seizure. Copies of the inventory of contents shall be
made available to any one rightfully entitled to that information.
(j) After deducting from the proceeds of sale, any amount due to
satisfy the lien in favor of the state and the cost of the seizure
and sale, any excess proceeds of sale shall be deposited in a special
account. The registered owner, legal owner, or anyone claiming an
interest in the mobilehome or its contents may file a claim to share
in the excess proceeds of sale within one year from the date of sale.
If any excess proceeds of sale remain in this special account after
one year from the date of sale that money shall be transferred to the
Mobilehome-Manufactured Home Revolving Fund.