Section 18400.1 Of Chapter 3. Enforcement, Actions And Proceedings From California Health And Safety Code >> Division 13. >> Part 2.1. >> Chapter 3.
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,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.