Chapter 8.42 — ENFORCEMENT OF THE MOBILEHOME PARKS ACT AND THE SPECIAL OCCUPANCY

Upon receiving authorization from the Department of Housing and Community Development of the State of California (hereinafter referred to as "HCD") and subject to the acceptance of reasonable conditions of approval, the City of Anderson (hereinafter referred to as "City") shall assume responsibility for the enforcement of division 13, part 2.1 commencing with section 18200 ("Mobilehome Parks Act") and part 2.3 commencing with section 18860 ("Special Occupancy Parks Act") of the California Health and Safety Code and their related administrative regulations contained in title 24 division 1, chapters 2 and 2.2 of the California Code of Regulations (the "regulations").

(Ord. 756, § 1, 2008)

Upon its assumption from HCD, the city hereby delegates the responsibility for the enforcement of the Mobilehome Parks Act, the Special Occupancy Parks Act Health, and the regulations (collectively, the "state mobilehome laws") to its planning department. The city hereby designates the city building inspector(s) as the persons who are qualified to enforce the aforementioned Acts. If for any reason the individual(s) holding those positions need to be specifically identified by name, the city council may do so by adoption of appropriate resolutions from time to time for that purpose. No further delegation of enforcement responsibilities are being made by the City of Anderson to any other agencies with regard to the foregoing laws and regulations.

(Ord. 756, § 2, 2008)

The city hereby adopts the schedules of fees designated in the state mobilehome laws.

(Ord. 756, § 3, 2008)

The City hereby adopts the statement of objectives contained in the state mobilehome laws. The city's specific objectives in assuming statutory authority from HCD are to provide for timely and reliable enforcement of the state mobilehome laws regarding use, maintenance, and occupancy governed by said Acts; and to protect public health, safety and welfare.

(Ord. 756, § 4, 2008)

The existing parks within the City of Anderson are three in number and are all mobilehome parks. Their names, addresses and general condition are as follows:

River Cove Mobilehome Park, 3641 Claude Lane, Anderson, California. Condition: This park is currently out of compliance in that it is subject to a cleanup and abatement order issued by the California Regional Water Quality Control Board.

River Park Mobilehome Estates, 3555 Rupert Road, Anderson, California. Condition: No discrepancies regarding compliance with state laws and regulations have been brought to the city's attention with regard to this park.

Riviera Mobile Estates, 3800 Rupert Road, Anderson, California. Condition: No discrepancies regarding compliance with state laws and regulations have been brought to the city's attention with regard to this park.

(Ord. 756, § 5, 2008)

The effective date of assumption of enforcement responsibilities from HCD to the city shall be within thirty days following HCD approval of the city's assumption of enforcement responsibilities.

(Ord. 756, § 6, 2008)

Not later than thirty days from the effective date of assumption of enforcement as defined in section 8.42.060, the city shall commence and thereafter diligently enforce the state mobilehome laws as follows:

(a)

Review and maintain relevant files provided by HCD and compare same with records on file with city.

(b)

Review pertinent building standards of the state relevant to mobilehomes and manufactured homes.

(c)

Ascertain the status of all permits-to-operate and construction permits and enforce relevant requirements.

(d)

Investigate and resolve complaints as the need arises.

(e)

Perform periodic park maintenance inspections consistent with applicable law.

(f)

Take all other actions as are deemed appropriate in furtherance of state laws and regulations.

(Ord. 756, § 7, 2008)

When enforcing the state mobilehome laws, the city shall utilize the following forms:

(a)

HCD 500A, Application for Permit to Operate;

(b)

HCD 503B, Annual Permit to Operate;

(c)

HCD 513B, Manufactured Home or Mobilehome Installation Acceptance;

(d)

HCD 513C, Certificate of Occupancy;

(e)

HCD 538, Plot Plan.

(Ord. 756, § 8, 2008)

The city agrees to send a copy of all permits to operate and state fees to the Administrative Office of the Division of Codes and Standards no later than the fifteenth of the month following the city's issuance of such permits and receipt of such funds.

(Ord. 756, § 1, 2008)

The city clerk is hereby instructed to transmit two certified copies of Ordinance 756 to the director of HCD and to the Administrative Office of the Division of Codes and Standards within ten days of the date of adoption which, in any event, shall not be less than thirty days before the effective date of assumption of enforcement responsibilities.

(Ord. 756, § 10, 2008)