2010 California Code
Health and Safety Code
Chapter 7. Permits And Fees

18870.  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, or 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 employee housing having a
valid annual permit to operate.


18870.1.  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.



18870.2.  Fees as applicable shall be submitted for permits:
   (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) Except for a temporary recreational vehicle park, an annual
operating permit fee of twenty-five dollars ($25) and an additional
two dollars ($2) per lot or two dollars ($2) per camping party for
the maximum number of camping parties to be accommodated at any one
time in an incidental camping area.
   (d) Temporary recreational vehicle park operating permit fee of
twenty-five dollars ($25), with no additional fee for the lots.
   (e) Change in name fee or transfer of ownership or possession fee
of ten dollars ($10).
   (f) Duplicate permit fee or amended permit fee of ten dollars
($10).



18870.3.  (a) Funds collected by the department pursuant to this
part shall be deposited into the Mobilehome Parks and Special
Occupancy Parks Revolving Fund established pursuant to Section
18502.5. 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 2.1 (commencing with Section 18200).
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 set, by regulation, fees charged by the department for
all permits and for the department's activities required 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 special occupancy
parks shall not, on an annual basis, exceed the costs of the
department's activities mandated by this part.
   (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 2.1
(commencing with Section 18200). 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 18502.5, or both.



18870.4.  (a) Except as otherwise provided in subdivision (b), 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.
   (b) Fees for construction, mechanical, electrical, plumbing, and
installation permits in temporary recreational vehicle parks shall be
determined by the enforcement agency for each project, based on the
cost of administration and enforcement, including the cost of
determining the amount of fees to be charged.



18870.5.  Any person responsible for obtaining any of the permits
required by this chapter, Chapter 8 (commencing with Section 18871),
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 8 (commencing with Section 18871), or the
regulations adopted pursuant to either of these chapters, as
applicable.



18870.6.  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.



18870.7.  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 that were the basis for the suspension
have been corrected. No park that was in existence on September 15,
1961, shall be denied a permit to operate if the park complied with
the law that this part directly or indirectly 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 that has not applied for a permit.



18870.8.  (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 18870.7.
   (b) In case of any change in name or transfer of ownership or
possession prior to completion of construction, no additional fee for
a construction permit is required, provided that 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.



18870.9.  Permits for construction and operation shall be posted in
a conspicuous place.



18870.10.  All permits as required by 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 that period. However,
the enforcement agency may extend the expiration date of the permit
for a reasonable time.



18870.11.  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 directly or indirectly that was not a violation of the
law that this part supersedes.



18870.12.  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 or
her that unless these provisions have been complied with within 30
days after the date of notice, the permit shall be subject to
suspension.



18870.13.  The notice shall be served by posting at least one copy
in a conspicuous place on the premises described in the 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.


18870.14.  Any permittee receiving a notice issued pursuant to
Section 18870.12 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 the hearing and setting forth a brief statement
of the grounds therefor within 10 days of the date of mailing of the
notice.



18870.15.  Upon receipt of the petition, the enforcement agency
shall set a time and place for the hearing and shall give the
petitioner written notice thereof. At the hearing the petitioner
shall be given an opportunity to be heard and to show cause, if any,
why the notice should be modified or withdrawn.



18870.16.  The 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 the hearing for a reasonable time beyond the 10-day period, if in
its judgment the petitioner has submitted a good and sufficient
reason for the postponement.



18870.17.  After the 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.



18870.18.  If the requirements of the 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.



18870.19.  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.