Fresno Municipal Code Art. 19 Mobilehome Parks Act

Pursuant to Section 18300 of the Health and Safety Code, and upon authorization from the Department of Housing and Community Development of the State of California (HCD) and subject to the acceptance of reasonable conditions of approval, if any, the City of Fresno (city) hereby assumes 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 implementing regulations set forth in Title 25, California Code of Regulations Division 1, Chapters 2 and 2.2, the building standards published in the California State Building Standards Code relating to mobilehome parks, special occupancy parks, travel trailer parks, recreational trailer parks, temporary trailer parks, incident camping areas and tent camps and the related administrative regulations (collectively referred to as "the Acts.")

(Added Ord. 2021-028, § 1, 7-11-21).

Pursuant to HCD approval, the city shall be the enforcement agency as defined by section 18207 of the Health and Safety Code and will assign the responsibility for the enforcement of the Acts to the city's Code Enforcement Division (Division). The Division shall provide qualified personnel for the actual enforcement of the Acts. Code Enforcement will assign four code enforcement inspectors to carry out the duties and responsibilities of the Acts.

(Added Ord. 2021-028, § 1, 7-11-21).

The city hereby adopts the fee schedules as contained in the Acts at Division 13 Part 2.1, 2.3 and implementing regulations.

(Added Ord. 2021-028, § 1, 7-11-21).

The city hereby adopts the program and statement of objectives contained in the Acts. The city's specific local objectives, include but are not limited to, the providing of timely and reliable enforcement of the Acts, reduction of threat of fire, and protecting public health, safety, and welfare inside of Mobilehome and Special Occupancy Parks. The City intends to enforce and implement the program to include all parks now under HCD jurisdiction and any new parks.

(Added Ord. 2021-028, § 1, 7-11-21).

According to statistics provided by HCD, there are currently 26 mobilehome parks in the city, which includes 3,528 spaces. Immediately upon assumption of enforcement responsibilities the City will initiate inspection pursuant to the requirements of the Acts. The occupancy and condition of mobilehome parks shall be substantiated upon approval by the HCD to assume responsibility for enforcing the Acts.

(Added Ord. 2021-028, § 1, 7-11-21).

The effective date of assumption of enforcement responsibilities shall be within thirty (30) days following HCD approval.

(Added Ord. 2021-028, § 1, 7-11-21).

Not later than thirty (30) days from the effective date of assumption of enforcement as defined in section 10-1906, the city shall commence and thereafter diligently enforce the Acts 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 and special occupancy parks.

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

(d) Investigate and resolve complaints received from occupants, neighbors, other agencies, and all other sources of complaints.

(e) Perform annual mobilehome park maintenance inspections consistent with the Acts as set forth in Health and Safety code section 18400.1 and its implementing regulations.

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

(Added Ord. 2021-028, § 1, 7-11-21).

When enforcing the Acts, 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.

(Added Ord. 2021-028, § 1, 7-11-21).

The City agrees to send a copy of all permits to operate and state fees to Administrative Office of the Division of Codes and Standards no later than thirty (30) days after the city's issuance of such permits and receipt of such funds.

(Added Ord. 2021-028, § 1, 7-11-21).

The city clerk is hereby instructed to transmit two certified copies of adopting ordinance to the director of HCD and to the Administrative Office of the Division of Codes and Standards to PO Box 278180 Sacramento, CA 95827-8180, within ten (10) days of the date of adoption which, in any event, shall not be less than thirty (30) days before the effective date of assumption of enforcement responsibilities.

(Added Ord. 2021-028, § 1, 7-11-21).