An ordinance of the City Council of the City of Weed assuming enforcement of the Mobilehome Parks Act and Special Occupancy Parks Act

ORDINANCE NO. 449-2018

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEED ASSUMING ENFORCEMENT OF THE MOBILEHOME PARKS ACT AND SPECIAL OCCUPANCY PARKS ACT

Whereas, the City currently has two mobilehome parks and two special occupancy parks described as follows:

1. Mountain View Manor, 737 S. Weed Blvd, consisting of 18 mobilehome lots in fair condition;

2. Cal Ore Mobile Estates, 1490 Kellogg Dr., consisting of 52 mobilehome lots in fair to good condition;

3. Hi Lo RV Park, 885 Weed Blvd, consisting of 17 RV lots, in excellent condition; and

4. Friendly RV Park, 1800 Black Butte Dr., consisting of 50 RV lots, in excellent condition.

Whereas, a third special occupancy park is proposed.

Whereas, the City Council has employed staff which is capable of assuming enforcement and the City Council desires to assume local enforcement as permitted by 25 CCR Section 2004.

Now, therefore, the City Council of the City of Weed does ordain as follows: In accordance with Sections 18300 and 18865 of the California Health and Safety Code and pursuant to Sections 1004 and 2004, Title 25 of the California Code of Regulations, the following is hereby declared:

Section 1. There is hereby enacted Title 8, Chapter 33 of the Weed Municipal Code.

Section 2. Title 8, Chapter 33 of the Weed Municipal Code shall read as follows:

Sections:

8.33.010 Assumption of responsibilities

8.33.020 Delegation of authority

8.33.030 Schedule of Fees

8.33.040 Statement of objectives

8.33.050 Effective dates of assumption

8.33.060 Permits to operate and state fees

8.33.070 Forms

Section 8.33.010. Assumption of Responsibilities.

Upon receiving authorization from the Department of Housing and Community Development of the State of California (hereinafter referred to as “HCD” and subject to the acceptance of reasonable conditions of approval, the City of Weed (hereinafter referred to as “City”) shall assume responsibility for 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 related administrative regulations contained in the California Code of Regulations, Title 25, Chapter 2 (commencing with section 1000) and Chapter 2.2.(commencing with section 2000).

Section 8.33.020. Delegation of Authority.

Responsibility for the enforcement of the Mobilehome Parks Act and Special Occupancy Parks Act, upon assumption from HCD, is hereby delegated to the City’s Building Department. The City hereby designates not less than one and not more than two employees for the enforcement of the aforementioned Acts. The city also recognizes that in accordance with Sections 1004 and 2004 of the California Code of Regulations, Title 25, if the designated agency or department noted above changes, or if there is a substantial change in the personnel performing the enforcement, it must notify HCD at least 30 days prior to the change and that HCD may require a reevaluation to determine whether the new personnel have the knowledge and ability to perform the enforcement.

Section 8.33.030 Schedule of Fees.

The schedules of fees designated in the Mobilehome and Special Occupancy Parks Acts and, in the regulations, adopted by HCD are hereby adopted by the City.

Section 8.33.040 Statement of Objectives.

1. The statutory program and objectives set forth in the Mobilehome and Special Occupancy Parks Acts are hereby adopted by the City.

2. A list of the Mobilehome and Special Occupancy Parks known to exist within the jurisdictional boundaries of the City, including their condition and occupancy status, is as set forth above.

3. The City’s specific objectives in assuming statutory authority from HCD are to provide for timely and reliable enforcement of the Mobilehome and Special Occupancy Parks Acts regarding use, maintenance, and occupancy governed by said Acts; and to protect public health, safety and welfare. Not later than 30 days from the effective date of assumption of enforcement as defined in Section V, the City shall commence and thereafter diligently enforce the Mobilehome and Special Occupancy Parks Acts and their adopted regulations as follows:

• Review and maintain relevant files provided by HCD and compare same with records on file with City.

• Review pertinent building standards of the State relevant to mobilehomes and manufactured homes.

• Ascertain the status of all permits-to-operate and construction permits and enforce relevant requirements.

• Investigate and resolve complaints as the need arises.

• Take all other actions as are deemed appropriate in furtherance of State laws and regulations.

• Perform periodic park maintenance inspections consistent with applicable law.

Section 8.33.050. Effective Date of Assumption.

The effective date of assumption of enforcement responsibilities from HCD to the City shall be within 90 days following HCD approval of the City’s assumption of enforcement responsibilities.

Section 8.33.060. Permits to Operate and State Fees.

The City agrees to send a copy of all permits to operate and State Fees to the Administrative Office of the Division of Codes and Standards no later than the 15th of the month following the City's issuance of such permits and receipt of such funds.

Section 8.33.070 Forms.

Forms HCD 500A, Application for Permit to Operate and HCD 503B, Annual Permit to Operate designated in the Mobilehome and Special Occupancy Parks Acts and, in the regulations, adopted by HCD are hereby adopted by the City.

Section 3. The City Clerk is hereby instructed to transmit two certified copies of this Ordinance to the Director of HCD and to the Administrative Office of the Division of Codes and Standards within ten (10) days of the date of adoption, which, in any event, shall not be less than 30 days before the effective date of assumption of enforcement responsibilities.

Section 4. If any provision of this ordinance, or the application thereof, is held to be invalid, such invalidity shall not affect any other provision or application of this ordinance that can be given effect without the invalid provisions or applications, and to this end, the provisions and application of this ordinance are severable.

I HEREBY CERTIFY the foregoing ordinance was introduced for first reading at a special meeting of the City Council of the City of Weed held the 6th day of September 2018, and thereafter adopted at a regular meeting of said Council held the 11th day of October 2018, by the following vote to wit:

AYES: COUNCIL MEMBERS Green, Greene, Hall, Palfini, and Tavalero

NOES: None

ABSENT: None

Attest:

Deputy City Clerk

8221 msan oc17c