AB 2970

Bill Subjects

Abstract

(1) Existing law, the Manufactured Housing Act of 1980, requires the Department of Housing and Community Development to enforce various laws pertaining to the structural, fire safety, plumbing, heat-producing, or electrical systems and installations or equipment of a manufactured home, mobilehome, special purpose commercial coach, or commercial coach. The Manufactured Housing Act defines park trailer, also known as a recreational vehicle, as a trailer designed for human habitation for recreational or seasonal use only, that meets specified requirements, and imposes certain design and safety requirements on park trailers. The act requires a recreational vehicle that is offered for sale, sold, rented, or leased within the state to bear a label or an insignia indicating the manufacturer's compliance with specified standards. Under existing law, it is a misdemeanor for any person to knowingly remove or cause to be removed, among other prohibited acts, that label, insignia, or insignia of approval affixed on the recreational vehicle. This bill would redefine a park trailer as a trailer designed for human habitation for recreational, seasonal, or other use that meets specified requirements. By expanding the scope of a crime, the bill would impose a state-mandated local program. (2) Existing law, the Mobilehome Parks Act (act) , requires every city, county, or city and county to enforce the act inside of a park, defined as a mobilehome park or manufactured housing community, in its jurisdiction when it has assumed responsibility for enforcement of the act and the Special Occupancy Parks Act and outside of parks in its jurisdiction. The act provides that it does not prohibit, among other things, the local authorities of a city, county, or city and county from regulating the construction and use of equipment and facilities located outside of a manufactured home or mobilehome used to supply gas, water, or electricity thereto, except facilities owned, operated, and maintained by a public utility, or to dispose of sewage or other waste therefrom when the facilities are located outside a park for which a permit is required, as described. This bill would instead provide that it does not prohibit the local authorities of a city, county, or city and county from regulating the construction and use of equipment and facilities located outside of a manufactured home or mobilehome used to supply gas, water, or electricity thereto, or to dispose of sewage or other waste therefrom, when the equipment or facilities are located outside a park for which a permit is required, as described, except for the construction and use of equipment or facilities owned, operated, and maintained by a public utility. Existing law requires that if, upon inspection, the enforcement agency determines that a manufactured home, mobilehome, an accessory building or structure, or lot is in violation of specified requirements, the enforcement agency shall promptly, but not later than 10 days, after completion of the inspection and determination that the alleged violation exists, issue a notice to correct the violation to the registered owner of the manufactured home or mobilehome, with a copy to the occupant thereof, if different from the registered owner. This bill would require a copy of the notice to also be sent to the owner or operator of the mobilehome park. Existing law requires that if, upon inspection, the enforcement agency determines that a manufactured home, mobilehome, an accessory building or structure, or lot is in violation of specified requirements and that violation 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 on the occupant, with a copy mailed to the registered owner, if different from the occupant, to the owner or operator of the mobilehome park, and to the responsible person for the mobilehome park. All violations are to be corrected within a reasonable time as determined by the enforcement agency and contained within the notice. This bill would authorize, when the registered owner of the manufactured home or mobilehome does not correct all of the imminent hazard violations within a reasonable time, the enforcement agency to provide, 30 days prior to taking enforcement actions, a notice of enforcement against that registered owner to the owner or operator of the mobilehome park for purposes of giving the owner or operator a reasonable opportunity to have the registered owner correct the violations. Existing law authorizes an enforcement agency to institute any appropriate action or proceeding to prevent, restrain, correct, or abate specified violations of the act, regulations adopted pursuant to the act, or any order or notice issued by the enforcement agency. Existing law also authorizes an enforcement agency to suspend a permit to operate if the person who holds the permit violates the permit or the act. This bill would prohibit an enforcement agency from suspending or revoking a permit to operate for uncorrected violations of the act, regulations adopted pursuant to the act, or any order or notice issued by the enforcement agency if the violation is caused by the registered owner of a manufactured home or mobilehome and the owner or operator of the park has taken steps to correct the violation, unless the owner or operator of the park is the registered owner causing the violation. Existing law makes it unlawful, commencing January 1, 2021, for any person to use for occupancy any manufactured home or mobilehome, wherever the manufactured home or mobilehome is located, that does not conform to the registration requirements of the department, provided that the department has provided notice to the occupant of the registration requirements and any registration fees due. This bill would require the department to notify the owner or operator of a manufactured housing community of any notice provided to an occupant of a manufactured home or mobilehome in the manufactured housing community pursuant to that provision. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.