2010 California Code
Health and Safety Code
Article 7. Enforcement And Liability

25400.45.  (a) A property owner who does not provide a notice or
disclosure required by this chapter is subject to a civil penalty in
an amount of up to five thousand dollars ($5,000). A property owner
shall also be assessed the full cost of all harm to public health or
to the environment resulting from the property owner's failure to
comply with this chapter.
   (b) A person who violates an order issued by a local health
officer pursuant to this chapter prohibiting the use or occupancy of
a property or a portion thereof contaminated by a methamphetamine
laboratory activity is subject to a civil penalty in an amount of up
to five thousand dollars ($5,000).



25400.46.  (a) A property owner who receives an order issued by a
local health officer pursuant to Section 25400.22, or a property
owner who owns property that is the subject of a notice posted
pursuant to subdivision (i) of Section 25400.22, is liable for, and
shall pay all of the following costs if it is determined that the
property is contaminated:
   (1) The cost of any testing.
   (2) Any cost related to maintaining records with regard to the
property.
   (3) The cost of remediating the property, including any
decontamination or disposal expenses.
   (4) Any actual cost incurred by the local health officer or any
other local or state agency resulting from the enforcement of this
chapter and oversight of the implementation of the PSA work plan and
the PSA report, with regard to that property.
   (b) A person who conducts methamphetamine laboratory activity on
or at property subject to subdivision (a), and who is not the owner
of that property, is liable for, and shall reimburse the owner of the
property for, any cost that property owner may incur pursuant to
subdivision (a).
   (c) The owner of a mobilehome, manufactured home, or recreational
vehicle, in or about which a methamphetamine laboratory activity
occurred, is liable for, and shall reimburse the owner of the real
property on which the mobilehome, manufactured home, or recreational
vehicle is located for, any cost the owner of the real property
incurs pursuant to subdivision (a).



25400.47.  (a) If the registered owner of a mobilehome, manufactured
home, or recreational vehicle, in or about which methamphetamine
laboratory activity occurred, does not take the action required by
subdivision (b) of Section 25400.25, within 30 days, as required by
the order issued by a local health officer, or does not pay the city
or county for the costs of remediation specified in subdivision (c)
of Section 25400.30, the mobilehome park or special occupancy park
owner may immediately initiate the actions authorized by paragraph
(5) of subdivision (c) of Section 25400.28, including, but not
limited to, terminating the tenancy of the owner of the mobilehome,
manufactured home, or recreational vehicle, if any, by a written
noncurable three-day notice to quit, and not later than 30 days after
restitution of possession of the real property, or vacation or
abandonment of the tenancy, the mobilehome park or special occupancy
park owner or operator may abate any nuisance and take any of the
following actions:
   (1) Remediate the mobilehome, manufactured home, or recreational
vehicle in accordance with the requirements of this chapter, in
compliance with the PSA workplan.
   (2) Immediately cause an authorized contractor, to remove and
dispose of the mobilehome, manufactured home, or recreational
vehicle.
   (3) Remove and dispose of the mobilehome, manufactured home, or
recreational vehicle.
   (4) In a special occupancy park, notwithstanding Section 3072 of
the Civil Code or Sections 22851.3 or 22851.8 of the Vehicle Code, or
in a mobilehome park, enforce a warehouseman's lien in accordance
with Sections 7209 and 7210 of the Commercial Code against the
recreational vehicle.
   (b) If the owner of a mobilehome, manufactured home, or
recreational vehicle, in or about which methamphetamine laboratory
activity occurred, does not pay the city or county for the costs of
remediation specified in subdivision (c) of Section 25400.30, or does
not reimburse the mobilehome park or special occupancy park owner
where the mobilehome, manufactured home, or recreational vehicle is
located, for any cost that the mobilehome park owner incurs pursuant
to this chapter to remediate the property, a mobilehome park owner
may, in addition to any other remedy allowed by law, treat the amount
due as rent and serve a notice and initiate an action for nonpayment
of rent as allowed by Section 798.56 of the Civil Code and a special
occupancy park owner may treat the amount due as rent and serve a
notice and initiate any action permitted for nonpayment of rent
pursuant to the Recreational Vehicle Park Occupancy Law (Chapter 2.6
(commencing with Section 799.20) of Title 2 of Part 2 of the Civil
Code).
   (c) (1) A warehouseman's lien may be enforced pursuant to
paragraph (4) of subdivision (a) only if the notification specified
in paragraph (c) of subdivision (2) of Section 7210 of the Commercial
Code, in addition to including the itemized statement of the claim
of the mobilehome park or special occupancy park owner, also includes
an itemized statement of the city or county, if the city or county
submits to the mobilehome park or special occupancy park owner a
claim for the costs of remediation specified in subdivision (c) of
Section 25400.30 at least 10 days before service of the notification.
   (2) A mobilehome park or special occupancy park owner may satisfy
a warehouseman's lien first from the proceeds of the sale of the
mobilehome, manufactured home, or recreational vehicle.
   (3) A warehouseman's lien enforced pursuant to this section that
does not include a claim submitted by the city or county pursuant to
paragraph (1) shall be deemed to meet the notification requirements
of paragraph (1), but any balance of the proceeds of any sale shall
be held pursuant to subdivision (6) of Section 7210 of the Commercial
Code, for delivery on demand to the city or county, and thereafter
to any person to whom the mobilehome park or special occupancy park
owner would have been bound to deliver the mobilehome, manufactured
home, or recreational vehicle.