25400.28
. Until a property owner subject to Section 25400.25
receives a notice from a local health officer pursuant to Section
25400.27 that the property identified in an order requires no further
action, all of the following shall apply to that property:
(a) Except as otherwise required in Section 1102.3 or 1102.3a of
the Civil Code, the property owner shall notify the prospective buyer
in writing of the pending order, and provide the prospective buyer
with a copy of the pending order. The prospective buyer shall
acknowledge, in writing, the receipt of a copy of the pending order.
(b) The property owner shall provide written notice to all
prospective tenants that have completed an application to rent an
affected dwelling unit or other property of the remediation order,
and shall provide the prospective tenant with a copy of the order.
The prospective tenant shall acknowledge, in writing, the receipt of
the notice and pending order before signing a rental agreement. The
notice shall be attached to the rental agreement. If the property
owner does not comply with this subdivision, the prospective tenant
may void the rental agreement.
(c) (1) If a mobilehome, manufactured home, or recreational
vehicle, as specified in paragraph (2) of subdivision (t) of Section
25400.11, is the subject of the order issued by the local health
officer pursuant to paragraph (3) of subdivision (a) of Section
25400.22 or the subject of a notice posted pursuant to subdivision
(i) of Section 25400.22, the mobilehome, manufactured home, or
recreational vehicle shall not be sold, rented, or occupied until the
seller or lessor of the mobilehome, manufactured home, or
recreational vehicle or the seller's or lessor's agent notifies the
prospective buyer or tenant, and the owner of the mobilehome park or
special occupancy park in which the mobilehome, manufactured home, or
recreational vehicle is located, in writing, of all methamphetamine
laboratory activities that have taken place in the mobilehome,
manufactured home, or recreational vehicle and any remediation of the
home or vehicle, the prospective buyer, tenant, or lessee is
provided with a copy of the order.
(2) If a mobilehome, manufactured home, or recreational vehicle
specified in paragraph (1) is subject to a sale, the prospective
buyer shall acknowledge in writing receipt of the notice and a copy
of the order specified in this subdivision before taking possession
of the mobilehome, manufactured home, or recreational vehicle.
(3) If the mobilehome, manufactured home, or recreational vehicle
specified in paragraph (1) is subject to a rental agreement or lease,
the notice and order specified in this subdivision shall be attached
to the rental agreement.
(4) If the owner of a mobilehome, manufactured home, or
recreational vehicle specified in paragraph (1) does not comply with
the requirements of this subdivision, a prospective tenant may void
the rental agreement and a prospective buyer may void the purchase
agreement, as applicable.
(5) If the remediation of a mobilehome, manufactured home, or
recreational vehicle specified in paragraph (1) is not completed by
the registered owner of the mobilehome, manufactured home, or
recreational vehicle in compliance with an order issued by a local
health officer pursuant to this chapter, in addition to authority
granted by Mobilehome Residency Law (Chapter 2.5 (commencing with
Section 798) of Title 2 of Part 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 the Civil Code), the owner
of the mobilehome park or special occupancy park may remove,
dismantle, demolish, or otherwise abate the nuisance.
(6) An activity specified in paragraph (5) to remove and dispose
of the mobilehome, manufactured home, or recreational vehicle shall
only be taken by an authorized contractor. In addition to any other
requirements of this chapter, the registered owner of the
recreational vehicle or registered owner of the mobilehome or
manufactured home, as applicable, is severally and collectively
liable for the cost of any remediation ordered by the local health
officer.