18500-18518

HEALTH AND SAFETY CODE
SECTION 18500-18518




18500.  It is unlawful for any person to do any of the following
unless he or she has a valid permit issued by the enforcement agency:
   (a) Construct a park.
   (b) Construct additional buildings or lots, alter buildings, lots,
or other installations, in an existing park.
   (c) Operate, occupy, rent, lease, sublease, let out, or hire out
for occupancy any lot in a park that has been constructed,
reconstructed, or altered without having obtained a permit as
required herein.
   (d) Operate a park or any portion thereof.
   This section shall not apply to any labor camp having a valid
annual permit to operate.


18500.5.  Notwithstanding Section 18500, the owner of one
manufactured home or mobilehome who is also the owner of the land
upon which the manufactured home or mobilehome is located shall be
able to rent, lease, sublease, let out, or hire out for occupancy the
manufactured home or mobilehome and the land upon which the
manufactured home or mobilehome is located without qualifying for or
obtaining any permit or license from a state or local governmental
agency required or authorized by this part.



18500.6.  Notwithstanding Section 18500, the owner of a manufactured
home or mobilehome who is not a mobilehome park operator and who
rents or leases the land upon which the manufactured home or
mobilehome is located shall be able to rent, lease, sublease, let
out, or hire out for occupancy the manufactured home or mobilehome
and the land upon which the manufactured home or mobilehome is
located, subject to lawful covenants and conditions of the lease or
rental agreement governing the underlying ground upon which the
manufactured home or mobilehome is located, without qualifying for or
obtaining any permit or license from a state or local governmental
agency required or authorized by this part.



18501.  Applications for a permit to construct or reconstruct shall
be accompanied by:
   (a) A description of the grounds.
   (b) Plans and specifications of the proposed construction.
   (c) A description of the water supply, ground drainage and method
of sewage disposal.
   (d) Appropriate fees.
   (e) Evidence of compliance with all valid local planning, health,
utility and fire requirements.



18502.  Fees as applicable shall be submitted for permits, as
follows:
   (a) Fees for a permit to conduct any construction subject to this
part as determined by the schedule of fees adopted by the department.
   (b) Plan checking fees equal to one-half of the construction,
plumbing, mechanical, and electrical permit fees, except that the
minimum fee shall be ten dollars ($10).
   (c) (1) An annual operating permit fee of one hundred forty
dollars ($140) and an additional seven dollars ($7) per lot.
   (2) An additional annual fee of four dollars ($4) per lot shall be
paid to the department or the local enforcement agency, as
appropriate, at the time of payment of the annual operating fee. All
revenues derived from this fee shall be used exclusively for the
inspection of mobilehome parks and mobilehomes to determine
compliance with the Mobilehome Parks Act (Part 2.1 (commencing with
Section 18200)) and any regulations adopted pursuant to the act.
   (3) The Legislature hereby finds and declares that the health and
safety of mobilehome park occupants are matters of public interest
and concern and that the fee paid pursuant to paragraph (2) shall be
used exclusively for the inspection of mobilehome parks and
mobilehomes to ensure that the living conditions of mobilehome park
occupants meet the health and safety standards of this part and the
regulations adopted pursuant thereto. Therefore, notwithstanding any
other law or local ordinance, rule, regulation, or initiative measure
to the contrary, the holder of the permit to operate the mobilehome
park shall be entitled to directly charge one-half of the per lot
additional annual fee specified herein to each homeowner, as defined
in Section 798.9 of the Civil Code. In that event, the holder of the
permit to operate the mobilehome park shall be entitled to directly
charge each homeowner for one-half of the per lot additional annual
fee at the next billing for the rent and other charges immediately
following the payment of the additional fee to the department or
local enforcement agency.
   (d) Change in name fee or transfer of ownership or possession fee
of ten dollars ($10).
   (e) Duplicate permit fee or amended permit fee of ten dollars
($10).
   (f) 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.



18502.  Fees as applicable shall be submitted for permits, as
follows:
   (a) Fees for a permit to conduct any construction subject to this
part as determined by the schedule of fees adopted by the department.
   (b) Plan checking fees equal to one-half of the construction,
plumbing, mechanical, and electrical permit fees, except that the
minimum fee shall be ten dollars ($10).
   (c) An annual operating permit fee of one hundred forty dollars
($140) and an additional seven dollars ($7) per lot.
   (d) Change in name fee or transfer of ownership or possession fee
of ten dollars ($10).
   (e) Duplicate permit fee or amended permit fee of ten dollars
($10).
   (f) This section shall become operative on January 1, 2019.




18502.5.  (a) There is hereby established in the State Treasury the
Mobilehome Parks and Special Occupancy Parks Revolving Fund into
which funds collected by the department pursuant to this part and
Part 2.3 (commencing with Section 18860) shall be deposited. Moneys
deposited in the fund shall be available, upon appropriation, to the
department for expenditure in carrying out the provisions of this
part and Part 2.3 (commencing with Section 18860). The department
shall by January 1, 2003, establish procedures that permit the
identification of revenues received by the fund and expenditures paid
out of the fund as they relate to mobilehome parks and special
occupancy parks.
   (b) Notwithstanding any maximum fees set by this part, the
department may, by regulation, set fees charged by the department for
all permits and for the department's activities mandated by this
part. The fees shall be set with the primary objective that the
aggregate revenue deposited in the Mobilehome Parks and Special
Occupancy Parks Revolving Fund by or on behalf of mobilehome parks
and special occupancy parks shall not, on an annual basis, exceed the
costs of the department's activities mandated by this part, and the
aggregate amount deposited into the fund by or on behalf of
recreational vehicle parks shall not, on an annual basis, exceed the
costs of the department's activities mandated by Part 2.3 (commencing
with Section 18860).
   (c) No proposed increase in fees may be effective any sooner than
45 days after written notification thereof is provided to the
Chairperson of the Joint Legislative Audit Committee and the State
Auditor. Upon receipt of the notification, the State Auditor may
prepare a report to the Legislature that indicates whether the
proposed increase is appropriate and consistent with this part.
   (d) The total money contained in the Mobilehome Parks and Special
Occupancy Parks Revolving Fund on June 30 of each fiscal year shall
not exceed the amount of money needed for the department's operating
expenses for one year for the enforcement of this part and Part 2.3
(commencing with Section 18860). If the total money contained in the
fund exceeds this amount, the department shall make appropriate
reductions in the schedule of fees authorized by this section,
Section 18870.3, or both.


18503.  The department by administrative rule and regulation shall
establish a schedule of fees relating to all construction,
mechanical, electrical, plumbing, and installation permits. The fees
shall apply to and be paid to the enforcement agency. Fees
established for construction, mechanical, electrical, and plumbing
permits shall be reasonably consistent with the current edition of
the Uniform Building Code as published by the International
Conference of Building Officials, the Uniform Plumbing Code as
published by the International Association of Plumbing and Mechanical
Officials, and the National Electrical Code as published by the
National Fire Protection Association.



18504.  Any person responsible for obtaining any of the permits
required by this chapter, Chapter 5 (commencing with Section 18600),
or the regulations adopted pursuant to either of these chapters, who
fails to obtain those permits, shall pay double the fees prescribed
in this chapter, Chapter 5 (commencing with Section 18600), or the
regulations adopted pursuant to either of these chapters, as
applicable.



18505.  A permit to operate shall be issued by the department
following notification by the local enforcement agency of completion
of construction of a new park or additional lots to an existing park.
The local enforcement agency shall, by approving the application for
a permit to operate, authorize occupancy of the newly constructed
facilities. Upon approval by the local enforcement agency, one copy
of the permit application shall be provided to the applicant and one
copy shall be forwarded to the department.



18506.  Permits to operate shall be issued by the enforcement
agency. A copy of each permit to operate shall be forwarded to the
department. No permit to operate shall be issued for a park when the
previous operating permit has been suspended by the enforcement
agency until the violations which were the basis for the suspension
have been corrected. No park which was in existence on September 15,
1961, shall be denied a permit to operate if the park complied with
the law which this part supersedes. Permits to operate shall be
issued for a 12-month period and invoiced according to a method and
schedule established by the department. Permit applications returned
to the enforcement agency 30 days after the due date shall be subject
to a penalty fee equal to 10 percent of the established fee. The
penalty fee for submitting a permit application 60 or more days after
the due date shall equal 100 percent of the established permit fee.
These penalties and the established permit fees shall be paid prior
to issuance of the permit, and the fee and 100 percent penalty shall
be due upon demand of the enforcement agency for any park which has
not applied for a permit.



18507.  (a) The enforcement agency shall be notified by the new
owner or operator of any park of any change in the name or ownership
or possession thereof. The notice shall be in written form and shall
be furnished within 30 days from and after any such change in name or
transfer of ownership or possession. The notice shall be accompanied
by the appropriate fees to the enforcement agency. Following receipt
of the notice and fee, the enforcement agency shall record the
change of ownership or possession and shall issue an amended permit
to operate, except as provided in Section 18506.
   (b) In case of any change in name or transfer of ownership or
possesion prior to completion of construction, no additional fee for
a construction permit is required, provided the new owner completes
construction in accordance with prior enforcement agency approved
plans and specifications. However, if there is any substantial
deviation from the approved plans and specifications, a new
application for a permit to construct shall be submitted, accompanied
by revised plans and specifications and the appropriate fees.



18508.  Permits for construction and operation shall be posted in a
conspicuous place.



18509.  All permits as required in this chapter for construction or
reconstruction shall automatically expire within six months from the
date of issuance thereof in those cases where the construction or
reconstruction has not been completed within said period; provided,
however, that the enforcement agency may extend expiration date of
said permit for a reasonable time.



18510.  If any person who holds a permit to operate violates the
permit or this part, the permit may be suspended by the enforcement
agency. This section does not, however, authorize the suspension of a
permit of any park existing on September 15, 1961, for any violation
of this part which was not a violation of the law which this part
supersedes.



18511.  The enforcement agency shall issue and serve upon the
permittee a notice setting forth in what respect the provisions of
the permit or this code have been violated, and shall notify him that
unless these provisions have been complied with within 30 days after
the date of notice, the permit shall be subject to suspension.




18512.  The notice shall be served by posting at least one copy in a
conspicuous place on the premises described in the said permit, and
by sending another copy by registered mail, postage prepaid, return
receipt requested, to the person to whom the permit was issued at the
address therein given.


18513.  Any permittee receiving a notice issued pursuant to Section
18511 may request and shall be granted a hearing on the matter before
an authorized representative of the enforcement agency. The
permittee shall file with the enforcement agency a written petition
requesting such hearing and setting forth a brief statement of the
grounds therefor within 10 days of the date of mailing of such
notice.



18514.  Upon receipt of such petition the enforcement agency shall
set a time and place for such hearing and shall give the petitioner
written notice thereof. At such hearing the petitioner shall be given
an opportunity to be heard and to show cause, if any, why such
notice should be modified or withdrawn.



18515.  Such hearing shall be commenced not later than 10 days after
the day on which such petition was filed. Upon application of the
petitioner the enforcement agency may, however, postpone the date of
such hearing for a reasonable time beyond such 10-day period, if in
its judgment the petitioner has submitted a good and sufficient
reason for such postponement.



18516.  After such hearing the enforcement agency shall sustain,
modify or withdraw the notice, depending upon its findings as to
whether the provisions of this part have been complied with.



18517.  If the requirements of the said notice have not been
complied with on or before the expiration of 30 days after the
mailing and posting of the notice, the enforcement agency may suspend
the permit.


18518.  Upon compliance by the permittee with the provisions of this
part and of the notice, and submission of proof thereof to the
enforcement agency, the enforcement agency shall reinstate the permit
or issue a new permit.