Notices, Abatement, and Penalties

Who is responsible for correcting health and safety violations?

The Mobilehome Parks Act requires park owners to repair violations in the park, permanent buildings, utility systems, and common areas. Home owners must fix manufactured home, space, and accessory structure violations.


How do park owners or home owners learn of a health and safety violation?

HCD and local governments provide written notices to park owners or home owners of violations. Notices describe violations and refer to relevant laws or regulations. Enforcement agencies order removal or correction of violations within five days or longer period. If an immediate risk to life exists, inspectors may declare a manufactured home or building not fit to occupy and post a notice. Such structures cannot be used until authorized by HCD or the local enforcement agency.

What if the park owner or home owner ignore a health and safety violation notice?

If park owners or home owners do not correct violations by the date on first notices, HCD or local enforcement agencies may “institute proceedings.” Agencies issue final violation notices. Notices list names of responsible persons, uncorrected violations, final compliance dates, and the rights to an informal conference and a hearing. Notices warn that willful violations of the Mobilehome Parks Act are misdemeanors. Enforcement personnel mail final notices by certified mail, return receipt requested. Copies of second notices sent to park owners must be publicly posted in the park. Park operators receive copies of second violation notices delivered to home owners.

What if the park owner or home owner fail to clean up a violation even after receiving the notices?

If park or home owners fail to clear up violations after the second time period, HCD or local enforcement agencies may seek a court order. If circumstances beyond the control of the home owner or park owner prevent work, inspectors may extend time periods. Agencies may take reasonable action to deal with immediate threats to life or property. Manufactured homes, buildings, and accessory structures may be removed. Park or home owners must pay for the agency costs to address violations. These costs include investigation, court costs and attorney fees, the expense of physical actions, and technical service costs.

What are the fines for violation of the Mobilehome Parks Act?

Violators of the Mobilehome Parks Act commit a misdemeanor. They may be fined up to $400, imprisoned up to thirty days, or both. Permits may be suspended or revoked. Park and home owners also may be subject to civil penalties of $500 for each violation or each day of a continuing violation. The California Attorney General, district attorney, county counsel, city attorney, or city prosecutor could file criminal charges. HCD or local enforcement agencies may file court actions to collect civil penalties.

"Mobilehome Parks Act." Title 25, Article 10, Sections 1600, 1605, 1606, 1608, 1610, 1611, 1612, 1617, 1618, 1619, 18402 and 18700.
Copyright - Carl Eric Leivo, Ph.D.
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