State Codes and Statutes

Statutes > California > Hsc > 18867-18869

HEALTH AND SAFETY CODE
SECTION 18867-18869



18867.  (a) (1) If, upon inspection, the enforcement agency
determines that a special occupancy park is in violation of any
provision of this part, or any rule or regulation adopted pursuant
thereto, the enforcement agency shall promptly, but not later than 10
days, excluding Saturday, Sunday, and holidays, after the
enforcement agency completes the inspection and determines that the
alleged violation exists, issue a notice to correct the violation to
the owner or operator of the special occupancy park and to the
responsible person, as defined in Section 18871.8.
   (2) If a violation constitutes an imminent threat to health and
safety, the notice of violation shall be issued immediately and
served on the owner or operator of the special occupancy park and to
the responsible person, as defined in Section 18871.8.
   (3) The owner or operator of the park shall be responsible for the
correction of any violations for which a notice of violation has
been given pursuant to this subdivision.
   (b) (1) If, upon inspection, the enforcement agency determines
that a recreational vehicle, an accessory building or structure, or
lot is in violation of any provision of Chapter 7 (commencing with
Section 18870), Chapter 8 (commencing with Section 18871), Chapter 9
(commencing with Section 18872), or any regulation adopted pursuant
thereto, the enforcement agency shall promptly, but not later than 10
days, excluding Saturday, Sunday, and holidays, after the
enforcement agency completes the inspection and determines that the
alleged violation exists, issue a notice to correct the violation to
the registered owner of the recreational vehicle, with a copy to the
occupant thereof, if different from the registered owner.
   (2) If a violation is discovered that constitutes an imminent
hazard representing an immediate risk to life, health, and safety and
requiring immediate correction, the notice of violation shall be
issued immediately and served upon the occupant, with a copy mailed
to the registered owner of the recreational vehicle, if different
from the occupant, to the owner or operator of the special occupancy
park, and to the responsible person, as defined in Section 18871.8.
   (3) The registered owner or the occupant of the recreational
vehicle shall be responsible for the correction of any violations for
which a notice of violation has been given pursuant to this
subdivision.
   (4) The enforcement agency may issue a notice of violation in
accordance with this chapter to the owner and occupant of a
recreational vehicle, mobilehome, manufactured home, park trailer, or
of factory-built housing which occupies a lot within a special
occupancy park.
   (c) (1) Service of the notice of violation shall be effected
either personally or by first-class mail. Each notice of violation
shall be in writing and shall describe with particularity the nature
of the violation in as clear language as the technicality of the
violation will allow the average layperson to understand what is
being cited, including a reference to the statutory provisions or
regulation alleged to have been violated, as well as any penalty
provided by law for failure to make timely correction.
   (2) For violations other than imminent threats to health and
safety as provided in paragraph (2) of subdivision (a) and paragraph
(2) of subdivision (b), the notice of violation shall allow 30 days
from the postmarked date of the notice or date of personal delivery
for the elimination of the condition constituting the alleged
violation.
   (3) If, after the reinspection of a violation described in
paragraph (2) of this subdivision, the enforcement agency determines
that there is a valid reason why a violation has not been corrected,
including, but not limited to, weather conditions, illness,
availability of repair persons, or availability of financial
resources, the enforcement agency may extend the time for correction,
at its discretion, for a reasonable period of time after the 30-day
period.
   (4) Upon a reinspection after the 30-day period of a violation
described in paragraph (2) of this subdivision, if a second notice to
correct a violation that is the responsibility of the registered
owner of the manufactured home or mobilehome or owner of the
recreational vehicle pursuant to paragraph (1) of subdivision (b) is
issued to the registered owner of a manufactured home or mobilehome
or recreational vehicle, with a copy to the occupant thereof, if
different from the registered owner, a copy of the notice shall also
be provided to the owner or operator of the special occupancy park,
and to the responsible person as defined in Section 18871.8.
   (5) If a second notice to correct a park violation pursuant to
paragraph (1) of subdivision (a) is issued to the owner or operator
of the park and to the responsible person, as defined in Section
18871.8, the enforcement agency shall post a copy of the violation in
a conspicuous place in the park common area, and the posted notice
shall only be removed by the enforcement agency when the violation is
corrected.
   (6) All violations described in paragraph (2) of subdivision (a)
and paragraph (2) of subdivision (b) shall be corrected within a
reasonable time as determined by the enforcement agency. Notices of
those violations shall state the time determined by the enforcement
agency within which corrections must be made.
   (d) Notwithstanding any other provision of law, the enforcement
agency may, at its sole discretion, determine not to issue a notice
of violation pursuant to this chapter if the condition which violates
this part or the regulations adopted pursuant thereto does not
constitute an imminent hazard representing an immediate risk to life,
health, and safety and requiring immediate correction. If the
enforcement agency determines, pursuant to this subdivision, not to
issue a notice of violation, the enforcement agency shall include in
its inspection report a description of the condition that violates
this part and its determination not to issue a notice of violation.



18868.  If the owner or operator of the special occupancy park or
the registered owner or occupant of the mobilehome, manufactured
home, or recreational vehicle disputes a determination by the
enforcement agency regarding the alleged violation, the alleged
failure to correct the violation in the required timeframe, or the
reasonableness of the deadline for correction specified by the notice
of violation, the owner or operator of the special occupancy park or
the registered owner or occupant of the mobilehome, manufactured
home, or recreational vehicle may request an informal conference with
the enforcement agency. The informal conference, and any subsequent
hearings or appeals of the decision of the enforcement agency, shall
be conducted in accordance with procedures prescribed by the
department.



18869.  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 part, including, but not limited to,
Sections 18870.11 and 18874. Nothing in this chapter shall be
construed to restrict any remedy, provisional or otherwise, provided
by law for the benefit of any party, and no judgment under this
chapter shall preclude any party from obtaining additional relief
based upon the same facts.


State Codes and Statutes

Statutes > California > Hsc > 18867-18869

HEALTH AND SAFETY CODE
SECTION 18867-18869



18867.  (a) (1) If, upon inspection, the enforcement agency
determines that a special occupancy park is in violation of any
provision of this part, or any rule or regulation adopted pursuant
thereto, the enforcement agency shall promptly, but not later than 10
days, excluding Saturday, Sunday, and holidays, after the
enforcement agency completes the inspection and determines that the
alleged violation exists, issue a notice to correct the violation to
the owner or operator of the special occupancy park and to the
responsible person, as defined in Section 18871.8.
   (2) If a violation constitutes an imminent threat to health and
safety, the notice of violation shall be issued immediately and
served on the owner or operator of the special occupancy park and to
the responsible person, as defined in Section 18871.8.
   (3) The owner or operator of the park shall be responsible for the
correction of any violations for which a notice of violation has
been given pursuant to this subdivision.
   (b) (1) If, upon inspection, the enforcement agency determines
that a recreational vehicle, an accessory building or structure, or
lot is in violation of any provision of Chapter 7 (commencing with
Section 18870), Chapter 8 (commencing with Section 18871), Chapter 9
(commencing with Section 18872), or any regulation adopted pursuant
thereto, the enforcement agency shall promptly, but not later than 10
days, excluding Saturday, Sunday, and holidays, after the
enforcement agency completes the inspection and determines that the
alleged violation exists, issue a notice to correct the violation to
the registered owner of the recreational vehicle, with a copy to the
occupant thereof, if different from the registered owner.
   (2) If a violation is discovered that constitutes an imminent
hazard representing an immediate risk to life, health, and safety and
requiring immediate correction, the notice of violation shall be
issued immediately and served upon the occupant, with a copy mailed
to the registered owner of the recreational vehicle, if different
from the occupant, to the owner or operator of the special occupancy
park, and to the responsible person, as defined in Section 18871.8.
   (3) The registered owner or the occupant of the recreational
vehicle shall be responsible for the correction of any violations for
which a notice of violation has been given pursuant to this
subdivision.
   (4) The enforcement agency may issue a notice of violation in
accordance with this chapter to the owner and occupant of a
recreational vehicle, mobilehome, manufactured home, park trailer, or
of factory-built housing which occupies a lot within a special
occupancy park.
   (c) (1) Service of the notice of violation shall be effected
either personally or by first-class mail. Each notice of violation
shall be in writing and shall describe with particularity the nature
of the violation in as clear language as the technicality of the
violation will allow the average layperson to understand what is
being cited, including a reference to the statutory provisions or
regulation alleged to have been violated, as well as any penalty
provided by law for failure to make timely correction.
   (2) For violations other than imminent threats to health and
safety as provided in paragraph (2) of subdivision (a) and paragraph
(2) of subdivision (b), the notice of violation shall allow 30 days
from the postmarked date of the notice or date of personal delivery
for the elimination of the condition constituting the alleged
violation.
   (3) If, after the reinspection of a violation described in
paragraph (2) of this subdivision, the enforcement agency determines
that there is a valid reason why a violation has not been corrected,
including, but not limited to, weather conditions, illness,
availability of repair persons, or availability of financial
resources, the enforcement agency may extend the time for correction,
at its discretion, for a reasonable period of time after the 30-day
period.
   (4) Upon a reinspection after the 30-day period of a violation
described in paragraph (2) of this subdivision, if a second notice to
correct a violation that is the responsibility of the registered
owner of the manufactured home or mobilehome or owner of the
recreational vehicle pursuant to paragraph (1) of subdivision (b) is
issued to the registered owner of a manufactured home or mobilehome
or recreational vehicle, with a copy to the occupant thereof, if
different from the registered owner, a copy of the notice shall also
be provided to the owner or operator of the special occupancy park,
and to the responsible person as defined in Section 18871.8.
   (5) If a second notice to correct a park violation pursuant to
paragraph (1) of subdivision (a) is issued to the owner or operator
of the park and to the responsible person, as defined in Section
18871.8, the enforcement agency shall post a copy of the violation in
a conspicuous place in the park common area, and the posted notice
shall only be removed by the enforcement agency when the violation is
corrected.
   (6) All violations described in paragraph (2) of subdivision (a)
and paragraph (2) of subdivision (b) shall be corrected within a
reasonable time as determined by the enforcement agency. Notices of
those violations shall state the time determined by the enforcement
agency within which corrections must be made.
   (d) Notwithstanding any other provision of law, the enforcement
agency may, at its sole discretion, determine not to issue a notice
of violation pursuant to this chapter if the condition which violates
this part or the regulations adopted pursuant thereto does not
constitute an imminent hazard representing an immediate risk to life,
health, and safety and requiring immediate correction. If the
enforcement agency determines, pursuant to this subdivision, not to
issue a notice of violation, the enforcement agency shall include in
its inspection report a description of the condition that violates
this part and its determination not to issue a notice of violation.



18868.  If the owner or operator of the special occupancy park or
the registered owner or occupant of the mobilehome, manufactured
home, or recreational vehicle disputes a determination by the
enforcement agency regarding the alleged violation, the alleged
failure to correct the violation in the required timeframe, or the
reasonableness of the deadline for correction specified by the notice
of violation, the owner or operator of the special occupancy park or
the registered owner or occupant of the mobilehome, manufactured
home, or recreational vehicle may request an informal conference with
the enforcement agency. The informal conference, and any subsequent
hearings or appeals of the decision of the enforcement agency, shall
be conducted in accordance with procedures prescribed by the
department.



18869.  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 part, including, but not limited to,
Sections 18870.11 and 18874. Nothing in this chapter shall be
construed to restrict any remedy, provisional or otherwise, provided
by law for the benefit of any party, and no judgment under this
chapter shall preclude any party from obtaining additional relief
based upon the same facts.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Hsc > 18867-18869

HEALTH AND SAFETY CODE
SECTION 18867-18869



18867.  (a) (1) If, upon inspection, the enforcement agency
determines that a special occupancy park is in violation of any
provision of this part, or any rule or regulation adopted pursuant
thereto, the enforcement agency shall promptly, but not later than 10
days, excluding Saturday, Sunday, and holidays, after the
enforcement agency completes the inspection and determines that the
alleged violation exists, issue a notice to correct the violation to
the owner or operator of the special occupancy park and to the
responsible person, as defined in Section 18871.8.
   (2) If a violation constitutes an imminent threat to health and
safety, the notice of violation shall be issued immediately and
served on the owner or operator of the special occupancy park and to
the responsible person, as defined in Section 18871.8.
   (3) The owner or operator of the park shall be responsible for the
correction of any violations for which a notice of violation has
been given pursuant to this subdivision.
   (b) (1) If, upon inspection, the enforcement agency determines
that a recreational vehicle, an accessory building or structure, or
lot is in violation of any provision of Chapter 7 (commencing with
Section 18870), Chapter 8 (commencing with Section 18871), Chapter 9
(commencing with Section 18872), or any regulation adopted pursuant
thereto, the enforcement agency shall promptly, but not later than 10
days, excluding Saturday, Sunday, and holidays, after the
enforcement agency completes the inspection and determines that the
alleged violation exists, issue a notice to correct the violation to
the registered owner of the recreational vehicle, with a copy to the
occupant thereof, if different from the registered owner.
   (2) If a violation is discovered that constitutes an imminent
hazard representing an immediate risk to life, health, and safety and
requiring immediate correction, the notice of violation shall be
issued immediately and served upon the occupant, with a copy mailed
to the registered owner of the recreational vehicle, if different
from the occupant, to the owner or operator of the special occupancy
park, and to the responsible person, as defined in Section 18871.8.
   (3) The registered owner or the occupant of the recreational
vehicle shall be responsible for the correction of any violations for
which a notice of violation has been given pursuant to this
subdivision.
   (4) The enforcement agency may issue a notice of violation in
accordance with this chapter to the owner and occupant of a
recreational vehicle, mobilehome, manufactured home, park trailer, or
of factory-built housing which occupies a lot within a special
occupancy park.
   (c) (1) Service of the notice of violation shall be effected
either personally or by first-class mail. Each notice of violation
shall be in writing and shall describe with particularity the nature
of the violation in as clear language as the technicality of the
violation will allow the average layperson to understand what is
being cited, including a reference to the statutory provisions or
regulation alleged to have been violated, as well as any penalty
provided by law for failure to make timely correction.
   (2) For violations other than imminent threats to health and
safety as provided in paragraph (2) of subdivision (a) and paragraph
(2) of subdivision (b), the notice of violation shall allow 30 days
from the postmarked date of the notice or date of personal delivery
for the elimination of the condition constituting the alleged
violation.
   (3) If, after the reinspection of a violation described in
paragraph (2) of this subdivision, the enforcement agency determines
that there is a valid reason why a violation has not been corrected,
including, but not limited to, weather conditions, illness,
availability of repair persons, or availability of financial
resources, the enforcement agency may extend the time for correction,
at its discretion, for a reasonable period of time after the 30-day
period.
   (4) Upon a reinspection after the 30-day period of a violation
described in paragraph (2) of this subdivision, if a second notice to
correct a violation that is the responsibility of the registered
owner of the manufactured home or mobilehome or owner of the
recreational vehicle pursuant to paragraph (1) of subdivision (b) is
issued to the registered owner of a manufactured home or mobilehome
or recreational vehicle, with a copy to the occupant thereof, if
different from the registered owner, a copy of the notice shall also
be provided to the owner or operator of the special occupancy park,
and to the responsible person as defined in Section 18871.8.
   (5) If a second notice to correct a park violation pursuant to
paragraph (1) of subdivision (a) is issued to the owner or operator
of the park and to the responsible person, as defined in Section
18871.8, the enforcement agency shall post a copy of the violation in
a conspicuous place in the park common area, and the posted notice
shall only be removed by the enforcement agency when the violation is
corrected.
   (6) All violations described in paragraph (2) of subdivision (a)
and paragraph (2) of subdivision (b) shall be corrected within a
reasonable time as determined by the enforcement agency. Notices of
those violations shall state the time determined by the enforcement
agency within which corrections must be made.
   (d) Notwithstanding any other provision of law, the enforcement
agency may, at its sole discretion, determine not to issue a notice
of violation pursuant to this chapter if the condition which violates
this part or the regulations adopted pursuant thereto does not
constitute an imminent hazard representing an immediate risk to life,
health, and safety and requiring immediate correction. If the
enforcement agency determines, pursuant to this subdivision, not to
issue a notice of violation, the enforcement agency shall include in
its inspection report a description of the condition that violates
this part and its determination not to issue a notice of violation.



18868.  If the owner or operator of the special occupancy park or
the registered owner or occupant of the mobilehome, manufactured
home, or recreational vehicle disputes a determination by the
enforcement agency regarding the alleged violation, the alleged
failure to correct the violation in the required timeframe, or the
reasonableness of the deadline for correction specified by the notice
of violation, the owner or operator of the special occupancy park or
the registered owner or occupant of the mobilehome, manufactured
home, or recreational vehicle may request an informal conference with
the enforcement agency. The informal conference, and any subsequent
hearings or appeals of the decision of the enforcement agency, shall
be conducted in accordance with procedures prescribed by the
department.



18869.  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 part, including, but not limited to,
Sections 18870.11 and 18874. Nothing in this chapter shall be
construed to restrict any remedy, provisional or otherwise, provided
by law for the benefit of any party, and no judgment under this
chapter shall preclude any party from obtaining additional relief
based upon the same facts.