Santa Barbara County Municipal Code § 11-2 Enforcement of chapter by certain officials and agencies

The county, acting pursuant to the provisions of section 18300 of the Health and Safety Code, hereby assumes the responsibility for the enforcement of those provisions of part 2.1 (commencing with section 18200) of division 13 of the Health and Safety Code (The Mobile Home Parks Act) and the county further shall enforce the provisions of sections 18050, 18053 and 18054 of the Health and Safety Code, as provided by section 18051 of the Health and Safety Code and all regulations adopted pursuant thereto, which are to be enforced by the county within the unincorporated territory of this county as the same may now exist, or hereafter be amended, and all successors and additions thereto.

(Ord. No. 2572, § 1)

The provisions of this chapter 11 and of the Mobile Home Parks Act and regulations adopted pursuant thereto shall be enforced by the building official and the building division of the department of public works of the county.

(Ord. No. 2572, § 1)

The effective date for the commencement of such enforcement referred to in section 11-2 of this Code shall be the effective date of this chapter 11.

(Ord. No. 2572, § 1)

The definitions of terms used in this chapter shall be as all such terms are now or may hereafter be defined in the Mobile Home Parks Act and elsewhere in the Health and Safety Code.

(Ord. No. 2572, § 1)

As permitted by subsection (c) of section 18300 of the Health and Safety Code, all persons desiring to use or using a mobilehome or camp car for human habitation or occupancy as a dwelling in the unincorporated territory of the county and outside of a mobilehome park, travel trailer park, recreational trailer park or temporary trailer park for which a permit is required, on and after the effective date of this chapter, shall first obtain a permit for such use from the building division of the department of public works of the county. All such permits shall be good only until the end of the calendar year in which issued. New permits shall be obtained for each ensuing calendar year in which any such use is to be continued. Permit fees shall be twenty-five dollars or such other sum as the board of supervisors of the county shall determine, by resolution, to be commensurate with the cost of enforcing the Mobile Home Parks Act and regulations adopted pursuant thereto. Such permit shall not be issued, or if already issued may be revoked at any time if such use violates or would violate any provisions of this chapter, or of the Mobile Home Parks Act or of any regulations adopted pursuant thereto. This section shall not apply to commercial uses of a mobilehome or camp car not also involving human habitation or occupancy as a dwelling, nor shall section 11-6 apply to any governmental agency, including the county.

(Ord. No. 2572, § 1)

As permitted by subsection (d) of section 18300 of the Health and Safety Code, and other applicable state laws, the board of supervisors hereby declares that no person shall construct, alter, erect, install or move in any structure accessory to a mobilehome or camp car without first obtaining a building permit and paying all fees pursuant to the provisions of chapter 10 of this Code as the same now exists or may hereafter be amended, and any successors and additions thereto.

(Ord. No. 2572, § 1)

As provided in section 18613 of the Health and Safety Code, a permit shall be first obtained from the building division of the department of public works of the county each time a mobilehome, which is required to be moved under a permit, is to be located or installed on any site in the unincorporated territory of the county for the purpose of human habitation or occupancy as a dwelling. The fee for each such location or installation permit shall be thirty dollars or such other sum or sums as may hereafter be permitted by resolution of the board of supervisors of the county. An additional fee of thirty dollars or such other sum may be charged for reinspection if the mobilehome cannot be approved for occupancy when inspected.

(Ord. No. 2572, § 1)

All fees charged hereunder shall be paid to the building division of the department of public works for deposit in the general fund of the county.

(Ord. No. 2572, § 1)

Nothing contained in this chapter shall be deemed to conflict with any Federal or state laws or regulations, or with any zoning or other laws or regulations of the county. In case any such conflict should appear, the provisions of such laws or regulations shall prevail over the provisions of this chapter.

(Ord. No. 2572, § 1)

Appeals from decisions, interpretations or acts of the building official or of the building division of the department of public works of the county made pursuant to this chapter shall be made in the same manner and shall follow the same procedure as is provided for appeals under chapter 10 of this Code; except, that appeals from such decisions, interpretations and acts involving or enforcing any provisions of state laws shall be appealed only to courts having jurisdiction of the subject matter of such appeals.

(Ord. No. 2572, § 1)

A. Any person, whether as principal, agent, employee, or otherwise, who maintains any premises in violation of any provision of this Code shall be liable for and obligated to pay to the county all costs incurred by the county in obtaining abatement or compliance which is attributable to or associated with the enforcement or abatement action, whether such action is administrative, injunctive, or legal, and for all damages suffered by the county, its agents, officers, and employees as a result of such violation or efforts to abate the violation.

B. Periodically, and at the conclusion of the enforcement action, the director of planning and development shall send a summary of costs/billing statement associated with enforcement to the owner of the subject property and/or responsible party by certified mail, or other service methods in accordance with California Code of Civil Procedure Section 415.20, as amended.

C. Any owner of the property who receives a summary of costs/billing statement shall have the right to a hearing before the director of planning and development on their objections to the costs. The request for hearing shall be filed in writing within ten (10) working days of personal service or the date of mailing of the billing statement. The director shall hold a hearing on the objections within thirty (30) days of the request for a hearing.

D. In determining the validity of costs assessed, the director shall consider whether total costs are reasonable in the circumstances of the case. Factors to be considered shall include, but are not limited to, whether the present owner created the violation; whether there is a present ability to correct the violation; whether the owner moved promptly to correct the violation; the degree of cooperation or lack thereof provided by the owner; and whether reasonable minds can differ as to whether a violation exists.

E. In the event that no request for a hearing has been filed, or after a hearing, the director determines the validity of the costs, the billing statement shall be a final order and the owner shall be liable to the county in the amount stated in the billing statement or as determined by the director in the hearing.

F. If the final order on a summary of costs has not been paid within forty-five (45) days of notice thereof, these costs shall be recoverable in a civil action in the name of the county, in any court of competent jurisdiction within the county, or by recording a lien against the property that is the subject of the enforcement activity pursuant to California Government Code Section 54988 et seq.

(Ord. No. 4916, § 1, 3-24-2015)