Section 4357 Of Chapter 4. Enforcement Of Federal Pipeline Safety Standards For Mobilehome Park Operators From California Public Utilities Code >> Division 2. >> Chapter 4.
4357
. (a) Any operator who commits a violation enumerated in
subdivision (f) of Section 4353, or who fails to file the report
required by Section 4354 or to comply with a directive of the
commission pursuant to Section 4356 is subject to a civil penalty of
not more than one thousand dollars ($1,000) for each day that the
violation, failure to file the report or respond to the directive
continues, but not to exceed two hundred thousand dollars ($200,000)
for a single violation or related series of violations. The
commission shall enforce this subdivision.
(b) The commission may enforce subdivision (a) in the following
manner:
(1) By issuing a citation to the responsible person, as defined by
Section 18603 of the Health and Safety Code, and to the mobilehome
park operator. In the event of a violation that constitutes a
significant or immediate danger to health and safety of the park
residents, the citation shall be issued immediately and served upon
the responsible person or the holder of the permit to operate the
mobilehome park. The mobilehome park operator shall be responsible
for the correction of any violations for which a citation has been
given pursuant to this subdivision.
(2) Service of the citation shall be effected either personally or
by first-class mail. Each citation shall be in writing and shall
describe with particularity the nature of the violation, including a
reference to the statutory provisions or regulations alleged to have
been violated, as well as any penalty provided by law for failure to
make timely correction. The citation shall fix the earliest feasible
time, as determined by the commission, for the elimination of the
condition constituting the alleged violation.
(3) A mobilehome park operator may request an informal conference
with the commission staff to challenge any citation alleging a
violation, or any directive to correct a violation. The informal
conference, any subsequent hearings, or appeals of a decision of the
commission shall be conducted in accordance with the rules and
procedures prescribed by the commission.
(c) The remedies provided by this chapter are cumulative and shall
not be construed to supersede other provisions of law providing
sanctions for violators of this chapter, including, but not limited
to, Sections 2112 and 2113 of the Public Utilities Code.
(d) Nothing in this chapter affects the tort liability of the
operator of a distribution system.