2010 California Code
Health and Safety Code
Article 4. Site Assessment And Remediation

HEALTH AND SAFETY CODE
SECTION 25400.25-25400.28



25400.25.  (a) A property owner who receives an order issued
pursuant to Section 25400.22 that property owned by that person is
contaminated by a methamphetamine laboratory activity, a property
owner who owns property that is the subject of an order posted
pursuant to subdivision (i) of Section 25400.22, and a person
occupying property that is the subject of the order, shall
immediately vacate the affected unit, including the mobilehome,
manufactured home, or recreational vehicle, as applicable, and any
accessory building or structure related thereto, that is determined
to be in a hazardous zone by the local health officer.
   (b) In addition to authority granted by Mobilehome Residency Law
(Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of
the Civil Code) and the Recreational Vehicle Park Occupancy Law
(Chapter 2.6 (commencing with Section 799.20) of Title 2 of Part 2 of
the Civil Code), the owner of a mobilehome park or special occupancy
park in which a manufactured home, mobilehome, or recreational
vehicle subject to the order is located may terminate tenancy in
order to obtain possession of the space by service of a three-day
notice to quit in accordance with paragraph (4) of Section 1161 of
the Code of Civil Procedure.
   (c) No later than 30 days after receipt of an order issued
pursuant to Section 25400.22, the property owner shall demonstrate to
the local health officer that the property owner has retained a
methamphetamine laboratory site remediation firm that is an
authorized contractor to remediate the contamination caused by the
methamphetamine laboratory activity.



25400.26.  (a) A property owner who receives an order issued
pursuant to Section 25400.22 that property owned by that person is
contaminated by a methamphetamine laboratory activity, or a property
owner who owns property that is the subject of an order posted
pursuant to subdivision (i) of Section 25400.22, shall utilize the
services of an authorized contractor to remediate the contamination
caused by the methamphetamine laboratory activity, in accordance with
the procedures specified in this section.
   (b) The property owner and the local health officer shall keep all
required records documenting decontamination procedures for three
years following certification that the property is habitable.
   (c) The property owner or the property owner's authorized
contractor shall submit a preliminary site assessment work plan to
the local health officer for review no later than 30 days after
demonstrating to the local health officer that an authorized
contractor has been retained to remediate the contamination caused by
the methamphetamine laboratory activity.
   (d) (1) No later than 10 working days after the date the PSA work
plan is submitted by the property owner, or the property owner's
authorized contractor, the local health officer shall review the PSA
work plan to determine whether the PSA work plan complies with this
chapter, including the procedures established pursuant to Section
25400.35.
   (2) If there are any deficiencies in a submitted PSA work plan,
the local health officer shall inform the property owner and
authorized contractor, in writing, of those deficiencies no later
than 15 days of the date that the PSA work plan was submitted to the
local health officer.
   (3) If the local health officer approves the plan, the local
health officer shall inform in writing, the property owner and
authorized contractor no later than 15 days of the date that the PSA
work plan was submitted to the local health officer.
   (e) (1) After a PSA is completed in accordance with the PSA work
plan, the property owner and authorized contractor shall prepare a
PSA report in accordance with Section 25400.37 and submit the PSA
report to the local health officer.
   (2) If after a PSA is completed in accordance with a PSA work
plan, and the local health officer, upon review of the PSA report,
determines there is no level of contamination at a site that requires
remediation, the local health officer shall take the actions
specified in Section 25400.27.
   (f) The property owner shall complete remediation of all
applicable portions of the contaminated property in accordance with
this chapter no later than 90 days after the date that the PSA work
plan has been approved by the local health officer. The local health
officer may extend the date for completion of the remediation, in
writing.
   (g) If the owner of a mobilehome park performs the remediation on
a manufactured home, mobilehome, or recreational vehicle that is
property pursuant to paragraph (2) of subdivision (t) of Section
25400.11, the owner of the mobilehome park shall comply with the
property owner requirements in subdivisions (a), (b), (c), (e), and
(f), and the local health officer shall provide information to that
owner as required by subdivision (d).



25400.27.  (a) If a local health officer determines that property
that has been the subject of a PSA report has been remediated in
accordance with this chapter, or if the local health officer makes
the determination specified in paragraph (2) of subdivision (e) of
Section 25400.26, the local health officer shall issue a no further
action determination.
   (b) Within 10 working days of the date of making the determination
or of receiving payment for the amount of the lien recorded on real
property pursuant to paragraph (1) of subdivision (a) of Section
25400.22, whichever is later, the local officer shall do all of the
following:
   (1) If the real property was the source of the contamination,
release the real property lien recorded with the county recorder. The
release shall specify all of the following:
   (A) The name of the agency on whose behalf the lien is imposed.
   (B) The recording date of the lien being released.
   (C) The legal description of the real property and the assessor's
parcel number.
   (D) The record owner of the property.
   (E) The recording instrument, or book and page, of the lien being
released.
   (2) If a mobilehome or manufactured home that is property pursuant
to paragraph (2) of subdivision (t) of Section 25400.11, was the
source of the contamination, release the restraint amended into the
permanent record of the Department of Housing and Community
Development, if the permanent record was amended previously with a
restraint. The release shall specify all of the following:
   (A) The name of the agency on whose behalf the restraint was
filed.
   (B) The date on which the property was determined to be
contaminated.
   (C) The legal identification number of the unit for which the
restraint is being released.
   (D) The legal owner, registered owner, and any junior lienholders
of the manufactured home or mobilehome.
   (3) If a recreational vehicle that is property pursuant to
paragraph (2) of subdivision (t) of Section 25400.11, was the source
of the contamination, release the vehicle license stop filed with the
Department of Motor Vehicles. The release shall specify all of the
following:
   (A) The name of the agency on whose behalf the vehicle license
stop is imposed.
   (B) The recording date of the vehicle license stop being released.
   (C) The vehicle identification number.
   (D) The legal and registered owner of the property.
   (4) Send a copy of the release stating that the property was
remediated in accordance with this chapter, does not violate the
standard for human occupancy established pursuant to this chapter,
and is habitable, or was salvaged or destroyed pursuant to
subparagraph (B) of paragraph (2) of subdivision (c) of Section
25400.22, to the property owner, owner of the mobilehome park or
special occupancy park in which the property is located, to the
property owner, local agency responsible for the enforcement of the
State Housing Law (Part 1.5 (commencing with Section 17910) of
Division 13), and all recipients pursuant to this section and Section
25400.22.



25400.28.  Until a property owner subject to Section 25400.25
receives a notice from a local health officer pursuant to Section
25400.27 that the property identified in an order requires no further
action, all of the following shall apply to that property:
   (a) Except as otherwise required in Section 1102.3 or 1102.3a of
the Civil Code, the property owner shall notify the prospective buyer
in writing of the pending order, and provide the prospective buyer
with a copy of the pending order. The prospective buyer shall
acknowledge, in writing, the receipt of a copy of the pending order.
   (b) The property owner shall provide written notice to all
prospective tenants that have completed an application to rent an
affected dwelling unit or other property of the remediation order,
and shall provide the prospective tenant with a copy of the order.
The prospective tenant shall acknowledge, in writing, the receipt of
the notice and pending order before signing a rental agreement. The
notice shall be attached to the rental agreement. If the property
owner does not comply with this subdivision, the prospective tenant
may void the rental agreement.
   (c) (1) If a mobilehome, manufactured home, or recreational
vehicle, as specified in paragraph (2) of subdivision (t) of Section
25400.11, is the subject of the order issued by the local health
officer pursuant to paragraph (3) of subdivision (a) of Section
25400.22 or the subject of a notice posted pursuant to subdivision
(i) of Section 25400.22, the mobilehome, manufactured home, or
recreational vehicle shall not be sold, rented, or occupied until the
seller or lessor of the mobilehome, manufactured home, or
recreational vehicle or the seller's or lessor's agent notifies the
prospective buyer or tenant, and the owner of the mobilehome park or
special occupancy park in which the mobilehome, manufactured home, or
recreational vehicle is located, in writing, of all methamphetamine
laboratory activities that have taken place in the mobilehome,
manufactured home, or recreational vehicle and any remediation of the
home or vehicle, the prospective buyer, tenant, or lessee is
provided with a copy of the order.
   (2) If a mobilehome, manufactured home, or recreational vehicle
specified in paragraph (1) is subject to a sale, the prospective
buyer shall acknowledge in writing receipt of the notice and a copy
of the order specified in this subdivision before taking possession
of the mobilehome, manufactured home, or recreational vehicle.
   (3) If the mobilehome, manufactured home, or recreational vehicle
specified in paragraph (1) is subject to a rental agreement or lease,
the notice and order specified in this subdivision shall be attached
to the rental agreement.
   (4) If the owner of a mobilehome, manufactured home, or
recreational vehicle specified in paragraph (1) does not comply with
the requirements of this subdivision, a prospective tenant may void
the rental agreement and a prospective buyer may void the purchase
agreement, as applicable.
   (5) If the remediation of a mobilehome, manufactured home, or
recreational vehicle specified in paragraph (1) is not completed by
the registered owner of the mobilehome, manufactured home, or
recreational vehicle in compliance with an order issued by a local
health officer pursuant to this chapter, in addition to authority
granted by Mobilehome Residency Law (Chapter 2.5 (commencing with
Section 798) of Title 2 of Part 2 of the Civil Code) and the
Recreational Vehicle Park Occupancy Law (Chapter 2.6 (commencing with
Section 799.20) of Title 2 of Part 2 of the Civil Code), the owner
of the mobilehome park or special occupancy park may remove,
dismantle, demolish, or otherwise abate the nuisance.
   (6) An activity specified in paragraph (5) to remove and dispose
of the mobilehome, manufactured home, or recreational vehicle shall
only be taken by an authorized contractor. In addition to any other
requirements of this chapter, the registered owner of the
recreational vehicle or registered owner of the mobilehome or
manufactured home, as applicable, is severally and collectively
liable for the cost of any remediation ordered by the local health
officer.

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