2005 California Health and Safety Code Sections 18420-18424 CHAPTER 3.5. NOTICE OF VIOLATIONS

18420.  (a) (1) If, upon inspection, the enforcement agency
determines that a mobilehome 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 mobilehome park and to the responsible
person, as defined in Section 18603.
   (2) In the event of a violation that 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 mobilehome
park and to the responsible person, as defined in Section 18603.
   (3) The owner or operator of the mobilehome 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 manufactured home, mobilehome, an accessory building or
structure, or lot is in violation of any provision of Chapter 4
(commencing with Section 18500), Chapter 5 (commencing with Section
18601), Chapter 6 (commencing with Section 18690), 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 registered owner of the manufactured
home or mobilehome, with a copy to the occupant thereof, if different
from the registered owner.
   (2) In the event 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 manufactured home or
mobilehome, if different from the occupant, to the owner or operator
of the mobilehome park, and to the responsible person, as defined in
Section 18603.
   (3) The registered owner of the manufactured home or mobilehome
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 of a recreational vehicle,
or of factory-built housing, which occupies a lot within a mobilehome
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) The department shall develop a list of local agencies that
have home rehabilitation or repair programs for which registered
owners or occupants of manufactured homes and mobilehomes residing in
mobilehome parks may be eligible.  The list shall be provided to
registered owners or occupants who receive notices of violation and
who reside in those jurisdictions that have rehabilitation or repair
programs for which they may be eligible.
   (3) 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 60 days
from the postmarked date of the notice or date of personal delivery
for the elimination of the condition constituting the alleged
violation.
   (4) If after the reinspection of a violation described in
paragraph (3) 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 30 days or an additional reasonable period of
time after the 60-day period.
   (5) Upon a reinspection after the 60-day period of a violation
described in paragraph (3) 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 pursuant to paragraph
(1) of subdivision (b) is issued to the registered owner of a
manufactured home or mobilehome, 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 mobilehome park, and
to the responsible person, as defined in Section 18603. Upon a
reinspection after the 60-day period of a violation described in
paragraph (3) of this subdivision, if a second notice to correct a
mobilehome park violation pursuant to paragraph (1) of subdivision
(a) is issued to the owner or operator of the mobilehome park and to
the responsible person, as defined in Section 18603, the enforcement
agency shall post a copy of the violation in a conspicuous place in
the mobilehome 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 which violates
this part and its determination not to issue a notice of violation.
18421.  If the owner or operator of the mobilehome park or the
registered owner of the manufactured home or mobilehome 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 mobilehome park or the registered owner of the
manufactured home or mobilehome 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.
18423.  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 18510 and 18700.  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.
18424.  This chapter shall remain in effect only until January 1,
2007, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 2007, deletes or extends
that date.