Milpitas Municipal Code Ch. 160 Regulation of Mobile Home Parks

Footnotes:

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Editor's note— Ord. No. 65.145, § 2, adopted November 15, 2016, amended the Code by repealing former Ch. 160, §§ II-160-1—II-160-4, and adding a new Ch. 160. Former Ch. 160 pertained to similar subject matter, and derived from Ord. No. 65.142, adopted November 19, 2013.

These regulations shall be known as "Regulation of Mobile Home Parks," may be cited as such and will be referred to herein as "this Chapter."

(Ord. No. 65.145, § 2, 11/15/16)

By the authority granted in Section 18300(b) of the California Health and Safety Code and pursuant to Section 1004, Title 25 of the California Code of Regulations, the City shall be responsible for enforcement of Mobile Home Park regulations as follows:

(Ord. No. 65.145, § 2, 11/15/16)

Upon receiving authorization from the Department of Housing and Community Development of State of California (hereinafter referred to as "HCD") and subject to the acceptance of reasonable conditions of approval, the City of Milpitas (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. No. 65.145, § 2, 11/15/16)

Responsibility for enforcing the Mobilehome Parks Act, upon its assumption from HCD, is hereby delegated to the City Office of Building Safety.

(Ord. No. 315, § 2, 1/7/25; Ord. No. 301, § 15, 8/20/19; Ord. No. 65.145, § 2, 11/15/16)

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

(Ord. No. 65.145, § 2, 11/15/16)

The City agrees to send a copy of all permits to operate and State Fees to the Administrative Office of the Divisions of Codes and Standards no later than the fifteenth of the month following the City's issuance of such permits.

(Ord. No. 65.145, § 2, 11/15/16)

The schedule of fees applicable to the Mobilehome Parks Act is hereby adopted by the City.

(Ord. No. 65.145, § 2, 11/15/16)

The effective date of assumption of enforcement responsibilities from HCD to the City shall be within 30 days following HCD approval of the City's assumption of enforcement responsibilities.

(Ord. No. 65.145, § 2, 11/15/16)

The City Clerk is hereby instructed to transmit three certified copies of Ordinance 65.145 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 later than 30 days before the effective date of assumption of enforcement responsibilities.

(Ord. No. 65.145, § 2, 11/15/16)

In discharging its delegated responsibilities, the City's Office of Building Safety shall provide qualified personnel in the enforcement of the Mobilehome Parks Act. In this regard, the Building Inspectors are hereby designated as the Department's authorized representatives for the purpose of enforcing said Act.

(Ord. No. 315, § 2, 1/7/25; Ord. No. 301, § 15, 8/20/19; Ord. No. 65.145, § 2, 11/15/16)

The following sets forth the goals, objectives and obligations of the City:

(Ord. No. 65.145, § 2, 11/15/16)

The statutory program and objectives set forth in the Mobilehome Parks Act are hereby adopted by the City.

(Ord. No. 65.145, § 2, 11/15/16)

Mobilehome parks known to exist within the corporate limits of the City of Milpitas are as follows:

(a) Friendly Village Mobile Home Park located at 120 Dixon Landing Road, Milpitas, California, and it encompasses 196 spaces and several accessory structures.

(b) Reserved.

(c) Mobilodge located at 1515 N. Milpitas Blvd., Milpitas, California, and it encompasses 145 spaces.

(d) Pioneer Mobile Home Park located at 60 Wilson Way, Milpitas, California, and it encompasses 180 spaces.

(Ord. No. 65.145, § 2, 11/15/16)

The City's specific objectives in assuming statutory authority from HCD are to provide for timely and reliable enforcement of the Mobilehome Parks Act regarding use, maintenance, occupancy and condition of property governed by said Act; and to protect public health, safety and welfare. Not later than 30 days from the effective date of assumption of enforcement as defined in Subsection II-160-2.60 of this Chapter, the city shall commence and thereafter diligently enforce the Mobilehome Parks Act as follows:

(a) Review relevant files maintained by HCD and compare same with records on file with City;

(b) Assimilate pertinent building standards of the State relevant to mobile homes;

(c) Ascertain the status of all operating permits and their relationship to governing statutes;

(d) Investigate and resolve complaints as the need arises; and

(e) Take all other actions as are deemed appropriate in furtherance of State and local regulation.

(Ord. No. 65.145, § 2, 11/15/16)

The City's capability to undertake mobile home installation inspections to the satisfaction of HCD is demonstrated as follows:

(a) The City has established and operated concerted code enforcement programs since 1959 encompassing systematic enforcement of State Building Regulations and the Municipal Code.

(b) The City's Building Inspectors have years of construction inspection experience.

(c) The City's staff have years of Code Enforcement experience.

(Ord. No. 315, § 2, 1/7/25; Ord. No. 301, § 15, 8/20/19; Ord. No. 65.145, § 2, 11/15/16)