2009 California Health and Safety Code - Section 25400.17-25400.22 :: Article 3. Local Health Officer Responsibilities

25400.17.  (a) Notwithstanding any other provision of law, a city,
county, or city and county shall comply with the uniform regulations
and standards established pursuant to this chapter.
   (b) A local health officer may delegate all or part of the duties
specified in this chapter to a designated local agency.
   (c) If a methamphetamine laboratory activity has taken place at a
property, the local health officer shall assume that the
methamphetamine manufacturing process has led to some degree of
chemical contamination and shall take action pursuant to this
chapter.

25400.18.  Within 48 hours after receiving notification from a law
enforcement agency of potential contamination of property by a
methamphetamine laboratory activity, the local health officer shall
post a written notice in a prominent location on the premises of the
property. At a minimum, the notice shall include all of the following
information:
   (a) The word "WARNING" in large bold type at the top and bottom of
the notice.
   (b) A statement that a methamphetamine laboratory was seized on or
inside the property or, or in the case of a mobilehome, manufactured
home, or recreational vehicle, a statement that a methamphetamine
lab was seized on the property, inside the property, or both of those
statements.
   (c) The date of the seizure.
   (d) The address or location of the property including the
identification of any dwelling unit, room number, apartment number,
or mobilehome, manufactured home, or recreational vehicle space
number or address, or recreational vehicle identification number.
   (e) The name and contact telephone number of the agency posting
the notice on the property.
   (f) A statement specifying that hazardous substances, toxic
chemicals, or other hazardous waste products may have been present
and may remain on or inside the property.
   (g) A statement that it is unlawful for an unauthorized person to
enter the contaminated portion of the property until advised that it
is safe to do so by the local health officer or designated local
agency.
   (h) A statement that a person disturbing or destroying the posted
notice is subject to a civil penalty in an amount of up to five
thousand dollars ($5,000).
   (i) A statement that a person violating the posted notice is
subject to a civil penalty in an amount of up to five thousand
dollars ($5,000).

25400.19.  Within five working days after receiving a notification
from a law enforcement agency of known or suspected contamination of
a property by a methamphetamine laboratory activity, or upon
notification from the property owner, the local health officer shall
inspect the property, including the mobilehome, manufactured home, or
recreational vehicle and the land on which it is located, pursuant
to this section. In the case of a mobilehome, manufactured home, or
recreational vehicle, that is property pursuant to paragraph (2) of
subdivision (t) of Section 25400.11, the local health officer shall
make the determination specified in subdivision (e) of Section
25400.20 regarding the cause of the contamination and responsibility
for the remediation required pursuant to this chapter.
   (a) The property inspection shall include, but not be limited to,
obtaining evidence of hazardous chemical use or storage and
documentation of evidence of any chemical stains, cooking activity
and release or spillage of hazardous chemicals used to manufacture
methamphetamine.
   (b) In conducting an inspection pursuant to this section, the
local health officer may request copies of any law enforcement
reports, forensic chemist reports, and any hazardous waste manifests,
to evaluate all of the following:
   (1) The length of time the property was used as an illegal
methamphetamine manufacturing or storage site.
   (2) The extent of the property actually used and contaminated in
the manufacture of methamphetamine or the storage of methamphetamine
or a hazardous chemical.
   (3) The chemical process that was involved in the illegal
methamphetamine manufacturing.
   (4) The chemicals that were removed from the scene.
   (5) The location of the illegal methamphetamine manufacturing or
storage site in relation to the habitable areas of the property.

25400.20.  (a) Upon completing an inspection pursuant to Section
25400.19, the local health officer shall immediately determine
whether the property is contaminated.
   (b) If the local health officer determines the property is
contaminated, the local health officer shall take the actions
specified in Section 25400.22.
   (c) If the local health officer determines that the property is
not contaminated, within three working days after making that
determination, the local health officer shall remove all notices
posted pursuant to Section 25400.18 and prepare a written
documentation of this determination, which shall include all of the
following:
   (1) Findings and conclusions.
   (2) Name of the property owner, and, if applicable, mailing and
street address or space number of the property or vehicle
identification number of the recreational vehicle.
   (3) Parcel identification number, if applicable.
   (d) Within 10 working days after preparing a written documentation
of the determination made pursuant to subdivision (c) that the
property is not contaminated, the local health officer shall send a
copy of the documentation to the property owner, and to the local
agency responsible for enforcement of the State Housing Law (Part 1.5
(commencing with Section 17910) of Division 13).
   (e) In the case of a property specified in paragraph (2) of
subdivision (t) of Section 25400.11, the local health officer shall,
upon completing the inspection pursuant to Section 25400.19,
determine the responsibility for the remediation required pursuant to
this chapter in accordance with the following:
   (1) Except as provided in paragraph (3), if the land on which the
mobilehome, manufactured home, or recreational vehicle is located is
contaminated, the owner of the mobilehome park or special occupancy
park shall be held responsible for compliance with this chapter.
   (2) Except as provided in paragraph (3), if the mobilehome,
manufactured home, or recreational vehicle is contaminated, the
registered owner of the mobilehome, manufactured home, or
recreational vehicle shall be held responsible for compliance with
this chapter.
   (3) If both the land on which the mobilehome, manufactured home,
or recreation vehicle is located is contaminated and the mobilehome,
manufactured home, or recreational vehicle itself is contaminated,
the local health officer shall determine, based on the local health
officer's findings and determinations, whether the owner of the
mobilehome park or special occupancy park or the registered owner of
the mobilehome, manufactured home, or recreational vehicle, or both,
shall be held responsible for compliance with this chapter. The local
health officer shall submit a notice to each owner determined to be
responsible for remediation, as to the owner's individual
responsibility pursuant to this chapter.
   (4) If the local health officer makes the determination specified
in paragraph (2) or (3), the mobilehome park or special occupancy
park manager and the owner of the land on which the mobilehome,
manufactured home, or recreational vehicle is located shall also
receive a copy of any notice served on the registered owner, lessee,
renter, or occupant of the mobilehome, manufactured home, or
recreational vehicle.

25400.22.  (a) No later than 10 working days after the date when a
local health officer determines that property is contaminated
pursuant to subdivision (b) of Section 25400.20, the local health
officer shall do all of the following:
   (1) Except as provided in paragraph (2), if the property is real
property, record with the county recorder a lien on the property. The
lien shall specify all of the following:
   (A) The name of the agency on whose behalf the lien is imposed.
   (B) The date on which the property is determined to be
contaminated.
   (C) The legal description of the real property and the assessor's
parcel number.
   (D) The record owner of the property.
   (E) The amount of the lien, which shall be the greater of two
hundred dollars ($200) or the costs incurred by the local health
officer in compliance with this chapter, including, but not limited
to, the cost of inspection performed pursuant to Section 25400.19 and
the county recorder's fee.
   (2) (A) If the property is a mobilehome or manufactured home
specified in paragraph (2) of subdivision (t) of Section 25400.11,
amend the permanent record with a restraint on the mobilehome, or
manufactured home with the Department of Housing and Community
Development, in the form prescribed by that department, providing
notice of the determination that the property is contaminated.
   (B) If the property is a recreational vehicle specified in
paragraph (2) of subdivision (t) of Section 25400.11, perfect by
filing with the Department of Motor Vehicles a vehicle license stop
on the recreational vehicle in the form prescribed by that
department, providing notice of the determination that the property
is contaminated.
   (C) If the property is a mobilehome or manufactured home, not
subject to paragraph (2) of subdivision (t) of Section 25400.11, is
located on real property, and is not attached to that real property,
the local health officer shall record a lien for the real property
with the county recorder, and the Department of Housing and Community
Development shall amend the permanent record with a restraint for
the mobilehome or manufactured home, in the form and with the
contents prescribed by that department.
   (3) A lien, restraint, or vehicle license stop issued pursuant to
paragraph (2) shall specify all of the following:
   (A) The name of the agency on whose behalf the lien, restraint, or
vehicle license stop is imposed.
   (B) The date on which the property is determined to be
contaminated.
   (C) The legal description of the real property and the assessor's
parcel number, and the mailing and street address or space number of
the manufactured home, mobilehome, or recreational vehicle or the
vehicle identification number of the recreational vehicle, if
applicable.
   (D) The registered owner of the mobilehome, manufactured home, or
recreational vehicle, if applicable, or the name of the owner of the
real property as indicated in the official county records.
   (E) The amount of the lien, if applicable, which shall be the
greater of two hundred dollars ($200) or the costs incurred by the
local health officer in compliance with this chapter, including, but
not limited to, the cost of inspection performed pursuant to Section
25400.19 and the fee charged by the Department of Housing and
Community Development and the Department of Motor Vehicles pursuant
to paragraph (2) of subdivision (b).
   (F) Other information required by the county recorder for the
lien, the Department of Housing and Community Development for the
restraint, or the Department of Motor Vehicles for the vehicle
license stop.
   (4) Issue to persons specified in subdivisions (d), (e), and (f)
an order prohibiting the use or occupancy of the contaminated
portions of the property.
   (b) (1) The county recorder's fees for recording and indexing
documents provided for in this section shall be in the amount
specified in Article 5 (commencing with Section 27360) of Chapter 6
of Part 3 of Title 3 of the Government Code.
   (2) The Department of Housing and Community Development and the
Department of Motor Vehicles may charge a fee to cover its
administrative costs for recording and indexing documents provided
for in paragraph (2) of subdivision (a).
   (c) (1) A lien recorded pursuant to subdivision (a) shall have the
force, effect, and priority of a judgment lien. The restraint
amending the permanent record pursuant to subdivision (a) shall be
displayed on any manufactured home or mobilehome title search until
the restraint is released. The vehicle license stop shall remain in
effect until it is released.
   (2) The local health officer shall not authorize the release of a
lien, restraint, or vehicle license stop made pursuant to subdivision
(a), until one of the following occurs:
   (A) The property owner satisfies the real property lien, or the
contamination in the mobilehome, manufactured home, or recreational
vehicle is abated to the satisfaction of the local health officer
consistent with the notice in the restraint, or vehicle license stop
and the local health officer issues a release pursuant to Section
25400.27.
   (B) For a manufactured home or mobilehome, the local health
officer determines that the unit will be destroyed or permanently
salvaged. For the purposes of this paragraph, the unit shall not be
reregistered after this determination is made unless the local health
officer issues a release pursuant to Section 25400.27.
   (C) The lien, restraint, or vehicle license stop is extinguished
by a senior lien in a foreclosure sale.
   (d) Except as otherwise specified in this section, an order issued
pursuant to this section shall be served, either personally or by
certified mail, return receipt requested in the following manner:
   (1) For real property, to all known occupants of the property and
to all persons who have an interest in the property, as contained in
the records of the recorder's office of the county in which the
property is located.
   (2) In the case of a mobilehome or manufactured home, the order
shall be served to the legal owner, as defined in Section 18005.8,
each junior lienholder, as defined in Section 18005.3, and the
registered owner, as defined in Section 18009.5.
   (3) In the case of a recreational vehicle, the order shall be
served on the legal owner, as defined in Section 370 of the Vehicle
Code, and the registered owner, as defined in Section 505 of the
Vehicle Code.
   (e) If the whereabouts of the person described in subdivision (d)
are unknown and cannot be ascertained by the local health officer, in
the exercise of reasonable diligence, and the local health officer
makes an affidavit to that effect, the local health officer shall
serve the order by personal service or by mailing a copy of the order
by certified mail, postage prepaid, return receipt requested, as
follows:
   (1) The order related to real property shall be served to each
person at the address appearing on the last equalized tax assessment
roll of the county where the property is located, and to all
occupants of the affected unit.
   (2) In the case of a mobilehome or manufactured home, the order
shall be served to the legal owner, as defined in Section 18005.8,
each junior lienholder, as defined in Section 18005.3, and the
registered owner, as defined in Section 18009.5, at the address
appearing on the permanent record and all occupants of the affected
unit at the mobilehome park space.
   (3) In the case of a recreational vehicle, the order shall be
served on the legal owner, as defined in Section 370 of the Vehicle
Code, and the registered owner, as defined in Section 505 of the
Vehicle Code, at the address appearing on the permanent record and
all occupants of the affected vehicle at the mobilehome park or
special occupancy park space.
   (f) (1) The local health officer shall also mail a copy of the
order required by this section to the address of each person or party
having a recorded right, title, estate, lien, or interest in the
property and to the association of a common interest development, as
defined in Section 1351 of the Civil Code.
   (2) In addition to the requirements of paragraph (1), if the
affected property is a mobilehome, manufactured home, or recreational
vehicle, specified in paragraph (2) of subdivision (t) of Section
25400.11, the order issued by the local health officer shall also be
served, either personally or by certified mail, return receipt
requested, to the owner of the mobilehome park or special occupancy
park.
   (g) The order issued pursuant to this section shall include all of
the following information:
   (1) A description of the property.
   (2) The parcel identification number, address, or space number, if
applicable.
   (3) The vehicle identification number, if applicable.
   (4) A description of the local health officer's intended course of
action.
   (5) A specification of the penalties for noncompliance with the
order.
   (6) A prohibition on the use of all or portions of the property
that are contaminated.
   (7) A description of the measures the property owner is required
to take to decontaminate the property.
   (8) An indication of the potential health hazards involved.
   (9) A statement that a property owner who fails to provide a
notice or disclosure that is required by this chapter is subject to a
civil penalty of up to five thousand dollars ($5,000).
   (h) The local health officer shall provide a copy of the order to
the local building or code enforcement agency or other appropriate
agency responsible for the enforcement of the State Housing Law (Part
1.5 (commencing with Section 17910) of Division 13).
   (i) The local health officer shall post the order in a conspicuous
place on the property within one working day of the date that the
order is issued.