Daly City Municipal Code Ch. 15.54 Mobilehome Park Inspections

Upon receiving authorization from the Department of Housing and Community Development of the state (hereinafter referred to as "HCD") and subject to the acceptance of reasonable conditions of approval, the city (hereinafter referred to as "city") shall assume responsibility for the enforcement of Division 13, Part 2.1 of the California Health and Safety Code and related administrative regulations (hereinafter collectively referred to as "Mobilehome Parks Act").

(Ord. 1171 § 2 (part), 1993)

Responsibility for enforcing the Mobilehome Parks Act upon its assumption from HCD, is delegated to the city's department of economic and community development.

(Ord. 1171 § 2 (part), 1993)

In discharging Its responsibilities, the city's department of economic and community development shall provide qualified personnel in the enforcement of the Mobilehome Parks Act. In this regard, the chief building inspector and at least one additional designated building inspector are designated as the department of economic and community development's authorized representatives for the purpose of enforcing the Mobilehome Parks Act.

(Ord. 1171 § 2 (part), 1993)

The schedule of fees applicable to the local enforcement and administration of the Mobilehome Parks Act is authorized for adoption, amendment and/or modification by resolution.

(Ord. 1171 § 2 (part), 1993)

A. The statutory program and objectives set forth in the Mobilehome Parks Act are hereby adopted by the city. It is the purpose of the city to:

1. Assure protection of the health, safety and general welfare of all park residents; and

2. Allow modifications in regulations so adopted in a manner consistent with the Mobilehome Parks Act and companion administrative regulations.

B. The only mobilehome park presently existing within the corporate limits of the city is "The Franciscan Country Club" located at 700 Hoffman Street, Daly City, California 94014, and encompasses five hundred one trailer spaces and several accessory structures. The Franciscan Country Club's occupancy and condition cannot by substantiated until after the city has been granted approval by HCD to assume responsibility for enforcing the Mobilehome Parks Act.

C. The city's specific objectives in assuming statutory authority from HCD are to provide for timely and reliable enforcement of the Mobilehome Parks Act; to enforce state and local municipal code provisions regarding use, maintenance, occupancy and condition of property governed by the Act; and to protect public health, safety and welfare.

D. Not later than thirty days from the effective date of assumption of enforcement as defined in Section 15.54.060 the city shall commence and thereafter diligently enforce the Mobilehome Parks Act as follows:

1. Review relevant files maintained by HCD and compare same with records on file with the city;

2. Assimilate pertinent building standards of the state relevant to mobilehomes;

3. Ascertain the status of all operating permits and their relationship to governing statutes;

4. Obtain information on the status of trailer ownership and occupancy within the Franciscan Mobilehome Park;

5. Set up a time for initial inspection of all mobilehome units in the Franciscan Country Club;

6. Contact responsible parties and begin inspection of all mobilehome and recreational vehicle parks within the city;

7. Issue notice of violation and, where appropriate, obtain compliance under operative statutes and local ordinances;

8. Set up a time schedule for five-year reinspection and operating permit program;

9. Investigate and resolve complaints as the need arises;

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

(Ord. 1171 § 2 (part), 1993)

The effective date of assumption of enforcement responsibilities from HCD to the city shall be the earliest date upon which all of the following has transpired:

A. Thirty days following the adoption of the ordinance codified in this chapter by the city council; and

B. Thirty days following the city's transmittal of the ordinance codified in this chapter to HCD as provided in Section 15.54.070 below.

C. When HCD approves the city's assumption of enforcement responsibilities and the city notifies HCD in writing of its acceptance of all conditions of approval, if any. In the event that written approval from HCD is not received by the city within forty-five days from the date which the ordinance codified in this chapter is transmitted to the state as provided in Section 15.54.070 below, the city's assumption of enforcement responsibilities shall be deemed to be unconditionally approved.

(Ord. 1171 § 2 (part), 1993)

The city's director of economic and community development is instructed to transmit two certified copies of the ordinance codified in this chapter to the director of HCD and to the administrative office of the division of codes and standards within the ten days of the date of adoption which, in any event, shall not be later than thirty days before the effective date of assumption of enforcement responsibilities as defined in Section 15.54.060 above.

(Ord. 1171 § 2 (part), 1993)

The city's capability to undertake mobilehome installation inspections to the satisfaction of HCD is demonstrated as follows:

A. The city's building division of the department of economic and community development has established and thereafter operated concerted code enforcement programs for eighteen years encompassing systematic enforcement of state building regulations, Uniform Housing Code, Abatement of Dangerous Buildings Code, and the Daly City Municipal Code.

B. The city's chief building inspector has over twenty years of construction experience, six of which entailed building inspection experience for county and municipal government in supervisorial capacity, and is certified by the International Conference of Building Officials as a building and mechanical inspector and plans examiner, and by the Council of American Building Officials as a certified building official.

C. The city's presently designated building inspector has over thirty-five years of construction experience, seven of which entailed building inspection experience as a peace officer for a county government.

(Ord. 1171 § 2 (part), 1993)

Daly City adopts and agrees to use all forms furnished by HCD for the purpose of enforcing the Mobilehome Parks Act, and companion administrative regulations, including the application for permit to operate, the permit to operate, and the statement of installation acceptance.

(Ord. 1171 § 2 (part), 1993)

The city agrees to send a copy of all permits to operate to the Administrative Office of the Division of Codes and standards not later than the fifteenth of the month following the city's issuance of such permits.

(Ord. 1171 § 2 (part), 1993)