Loading...
HomeMy WebLinkAboutMINUTES - 01261988 - S.2 5.� THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on January 26, 1988 , by the following vote: AYES: Supervisors Powers, Fanden, McPeak, Torlakson, Schroder NOES: None ABSENT: None ABSTAIN: None -----------------------=------------------------------------------ ------------------------------------------------------------------ SUBJECT: Clayton Regency Mobile Home Park The Board received the attached report dated January 26, 1988 from Supervisor Tom Torlakson relative to problems at the Clayton Regency Mobile Home Park. Supervisor Robert Schroder expressed concerns relating to the rent control issue, and noted that the Mobile Home Advisory Committee does not support rent control. Supervisor Sunne McPeak agreed, and stated that the Mobile Home Advisory Committee has recommended the use of a rent mediation service. She noted that such a service has been used successfully in other parks in the County. Supervisor McPeak recommended that the issue be referred to the Mobile Home Advisory Committee for review. Board members being in agreement, IT IS ORDERED that the following actions are APPROVED: 1. REQUESTED the Mobile Home Advisory Committee to review the possibility of the use of a rent mediation service at the Clayton Regency Mobile Home Park and report back to the Board with their recommendations; 2. REQUESTED County Counsel and the District Attorney to analyze the State Civil Code relative to Mobile Home Parks to determine whether poorly maintained parks could be declared public nuisances, and to explore the feasibility of using any such applicable code sections to declare the Clayton Regency Mobile Home Park a public nuisance; 3 . REQUESTED the Community Development Director to review land use permit conditions for the Clayton Regency Mobile Home Park to determine compliance; 4. REQUESTED the Health Services Director and Building Inspector to review the water and sewer systems to determine compliance with State and County regulations; 5. REQUESTED the Health Services Director to report on primary and secondary characteristics of the water in the park; 6. REQUESTED that the Building Inspector report to the Mobile Home Advisory Committee and to the Board of Supervisors on the schedule of maintenance improvements required and projected dates of compliance; and 1 7. REFERRED the issue to the Internal Operations Committee for recommendation to the Board upon receipt of the above requested reports. CC: Mobile Home Advisory Committee County Counsel District Attorney Community Development Director Health Services Director Building Inspector Internal Operations Committee County Administrator 1 hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: a?G-/9,CL r PHIL B3 .f:HELO!9, gerh of the Board of Supervisors and County Administrator By , Deputy 2 S.� TOA BOARD OF SUPERVISORS FRCM; �,����},-,� CeSupervisor Tom Torlakson la DATE'. January 26, 1988 c UI , SUBJECT: RECOMMENDATIONS RELATING TO PROBLEMS AT THE nli CLAYTON REGENCY MOBILE HOME PARK SPECIFIC RE EST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: Refer to County Counsel to explore the feasibility of a rent control ordinance for family parks in county unincorporated areas and refer to the District Attorney and County Counsel to analyze the State Civil Code (Mobilehome Residency Law Article 2 798. 15 {d) and {e) and Article 8, sections 798. 86 and 798. 87 ) to see if the county has any recourse to declare mobile home parks public nuisances when they are poorly maintained. Furthermore, if the California Civil Codes cited are applicable, explore the feasibility of using these sections to declare the Clayton Regency Mobile Home Park a public nuisance, if the criteria outlined in the code exists at the park. Refer to the Community Development Department to review the land use permit conditions for the Clayton Regency Mobile Home Park to determine whether this mobile home park complies with the original conditions of approval of their land use permit or any other permits that may have been granted to allow them to operate a mobile home park. Refer to the Health Services and Building Inspection Departments to review the water and sewer systems to determine if state and county regulations are being met and are being monitored regularly by management to ensure proper functioning. Direct the Health Department to report on both the primary and secondary characteristics of the water in the park. The Health Department should also require management to keep a regular log of when the sewer lines are hydraulically flushed and furnish copies to their department. Copies of the log should also be made available to the Mobile Home Advisory Committee, as well. Request that the Building Inspection Department give a report to the Mobile Home Advisory Board and the Board of Supervisors on the schedule of maintenance improvements required by their department including the projected dates for completion and compliance. Direct all departments to report their findings to the Mobile Home Advisory Committee and the Internal Operations Committee for considerations of recommendations to the Board of Supervisors. CONTINUED ON ATTACWEN-r; YES SIGNATURE: /f•//rV .�y,,,,i RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER S I GNATURI- 5 : AC N OF BOARD ON _ At'?ROVED AS RECUt,.MfIJDED OTHER 1. e VOTE OF SUPERVISORS I HEREEP.' CERTIFY THAT THIS IS A TRUE UNANIMOUS (ABSEUT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: ENTERED ON THE MINUT'E'S OF THE BOARD ABSENT: ABSTAIN: OF SU VISORS ON THE DATE SHOWN, CC: ATTESTED PHIL BATCHELO ERK OF THE BOARD OF SUPERVISORS AND C TY ADMINISTRATOR M38217-83 BY _IDE CLAYTON REGENCY MOBILE HOME PARK Status Report January 26, 1988 BACKGROUND INFORMATION: This report is a status report to the Board in an effort to get some major questions answered that have come up duing the first stages of investigation. On October 20,1987, the residents of the Clayton Regency Mobile Home Park requested that the Board of Supervisors investigate the ongoing problems occuring at their mobile home park. These problems included; rapidly rising rent increases, a lack of amenities and allegations of the lack of even the barest necessities. The Mobile Home Advisory Committee also appointed a special subcommittee to work with park residents in an effort to find a solution to the park' s problems. Some of the current and past residents have joined together in a major lawsuit against the owners. The owners are preparing a proposal to the residents which will include many of the improvements the residents are seeking as well as a provision for a rent "rollback" , freeze and cap. Our Committee is examining this proposal and will be in attendance when it is presented to the residents in mid-February. On November 13, 1987, I met with the County staff and on December 2, 1987, I met with residents of the park and with members of the Mobile Home Advisory Sub-Committee with the Mobile Home Advisory Committee and the park' s manager at the site. I met with the subcommittee again on December 11,1987 . On December 16 the Mobile Home Advisory Committee and I met with the park owner, Mr. Graddow. The Mobile Home Advisory Sub-Committee met again on January 6, 1988 and reviewed the proposal presented by Mr. Graddow at the December 16 meeting. The proposal was then discussed at the January 7, 1988 meeting of the full Mobile Home Advisory Committee. The Mobile Home Advisory Committee and I met with the Tenant' s Association Board on January 14, 1988 at the park to review our progress. As a result of these meetings, we found many things that needed great improvement to assure safe and proper living conditions at Clayton Regency Mobile Home Park. Our Building Inspection Department and Health Department are working with management to get several items corrected immediately. EXHIBIT � CALIFORNIA CIVIL CODE PROVISIONS /> MOBILEHOME RESIDENCY LAW 'r �'rL •F''r'�� N (Effective January 1, 1987) NDEX NOTE: Bold type denotes new sections" rticle 1. General 798 Citation and Application of Chapter 798.4 Mobilehome Park 798.10 Change of Use 798.1 Application of Definitions 798.6 Park 798.11 Resident 798.2 Management 798.8 Rental Agreement 798.12 Tenancy 798.3 Mobilehome 798.9 Homeowner rticle 2. Rental Agreement 798.15 Required Contents;Writing 798.18 Period of Written Agreement;Comparable 798.19 Waiver of Rights;Public Policy 798.16 Inclusion of Other Provisions Monthly Charges for One Year as for 798.20 Discrimination 798.17 Long-Term Agreement;Exemption from Rent Month-to•Month Tenancy Regulation rticle 3. Rules and Regulations 798.22 Recreational Vehicles;Designated Areas 798.26 flight of Entry by Management 798.28 Name of Mobilehome Park Owner; 798.24 Common Area Facilities;Hours of Operation 798.27 Zoning or Use Permits;Leases;Notification Disclosure 798.25 Amendments;Notification to Homeowners to Homeowners rticle 4. Fees and Charges 798.30 Notice of Rent Increase 798.35 Immediate Family 798.38 Utility Meter Service;Billing;Rate 798.31 Authorized Fees 798.36 Rule Enforcement;Maintenance of Schedule 798.32 Charges for Unlisted Services;Notice Premises 798;40 Security Liens;Mutual Agreement; 798.33 Pets 798.37 Entry,Installation or Hookup Fees; Separate Statements 798.34 Guests Landscaping and Maintenance Charges rticle 5. Homeowner Meetings 798.50 Use of Community or Recreation Halls 798.51 Management;Meetings with Homeowners rticle 6.Termination of Tenancy 798.55 Protection from Actual or Constructive 798.57 Statement of Reasons in Notice 798.59 Notice by Homeowner;Time Eviction;Termination or Refusal to Renew; 798.58 Termination to Make Space for Buyer of 798.60 Application of Other Laws Reasons;Notice:Time Mobilehome from Park Owner Prohibited 798.61 Abandoned Mobilehomes; 798.56 Authorized Reasons for Termination .r Disposition rticle 7.Transfer of Mobilehome or Mobilehome Park 798.70 Advertising 798.74 Prior Approval of Purchaser;Grounds for 798.77 Waiver of Rights;Public Policy 798.71 Listing or Showing Mobilehome by Park Withholding;Informing Homeowner;Financial 798.78 Rights/Responsibilities of Heir or Joint Owner or Manager;Written Authorization Report/Refund Tenant of Owner 798.72 Transfer or Selling Fee;Request for Service 798.75 Sale or Transfer of Mobilehome to Remain In 798.79 Foreclosure of Mobilehome;Sale to Third 798.73 Removal Upon Sale to Third Party;Conditions Park;Required Documents;Purchaser Party 798.76 Compliance with Adults Only Rule 798.80 Sale of Park;Listing;Notice to Residents .rticle 8. Actions, Proceedings and Penalties 798.85 Attorney's Fees and Costs 798.86 Willful Violation by Park Owner;Additional 798.87 Public Nuisance Penalty ,rticle 9. Subdivisions, Cooperatives, and Condominiums 799 Definitions 799.3 .Sale to Third Party;Prohibition Against 799.5 Purchaser;Compliance with Adults Only 799.1 Advertisingg Required Removal Rule 799.2 Listing or Showin Mobilehome by Ownership 799.4 Prior Approval of Purchaser;Grounds for 799.6 Waiver of Rights;Public Policy or Management;Written Authorization Withholding Article 1. General 798. This chapter shall be known and may be cited as the "Mobilehome Residency Law." It shall apply only to a mobilehome that requires a permit to be moved on a street or ighway. 798.1. Unless the provisions or context otherwise requires,the following definitions shall,govern the construction of this chapter. 798.2. "Management" means the owner of a mobilehome park or an agent or representative authorized to act on his behalf in connection with matters relating to a tenancy in the ark. 798.3. "Mobilehome"is a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the Vehicle Code.Mobilehome icludes a manufactured home,as defined in Section 18007 of the Health and Safety Code,and a mobilehome,as defined in Section 18008 of the Health and Safety Code,but does not iclude a recreational vehicle,as defined in Section 799.24 of this code and Section 18010 of the Health and Safety Code or a commercial coach as defined in Section 18001.8 of the Health nd Safely Code. 798.4. "Mobilehome park"is an area of land where two or more mobilehome sites are rented,or held out for rent,to accommodate mobilehomes used for human habitation. 798.6 "Park"is a mobilehome park. 798.8. "Rental agreement"is an agreement between the management and the homeowner establishing the terms and conditions of a park tenancy,A lease is a rental agreement. 798.9. "Homeowner'is a person who has a tenancy in a mobilehome park under a rental agreement. 798.10. "Change of use"means a use of the park for a purpose other than the rental,or the holding out for rent,of two or more mobilehome sites to accommodate mobilehomes used )r human habitation,and does not mean the adoption,amendment,or repeal of a park rule or regulation.A change of use may affect an entire park or any portion thereof. "Change of se"includes,but is not limited to,a change of the park or any portion thereof to a condominium,stock cooperative,planned unit development,or any form of ownership wherein spaces ilthin the park are to be sold. 798.11. "Resident"is a homeowner or other person who lawfully occupies a mobilehome. 798.12. "Tenancy"is the right of a homeowner to the use of a site within a mobilehome park on which to locate,maintain,and occupy a mobilehome,site improvements,and accessory Iructures for human habitation,including the use of the services and facilities of the park. Article 2. Rental Agreement `798.15. The rental agreement shall be in writing and shall contain,in addition to the provisions otherwise required by law to be included,all of the following: (a) The term of the tenancy and the rent therefor. (b) The rules and regulations of the park. (c) The language of the provisions of this chapter.A copy of the text of this chapter attached as an exhibit shall be deemed to satisfy the requirements of this section. • (d)-�-A''6vision'specifying that It the responsibility'of the management to provide and'maintain'physical improvements in the common facilities in'good working order and condition. (e) A description of the physical improvements to be provided the homeowner during his or her tenancy. U)"A provision listing-those services which will be provided at the time the rental agreement is executed and will continue to be offered for;the,term of the tenancyandthe fees,if any, o be charged for those services. (g) A provision stating that management may charge a reasonable fee for services relating to the maintenance of the land and premises upon which a mobilehome is situated in the event he homeowner fails to maintain such land or premises in accordance with the rules and regulations of the park after written notification to the homeowner and the failure of the homeowner o comply within 14 days.The written notice shall state the specific condition to be corrected and an estimate of the charges to be imposed by management if the services are performed by nanagement or its agent. (h) All other provisions governing the tenancy. 798.16. The rental agreement may include such other provisions permitted by law,but need not include specific language contained in stale or local laws not a part of this chapter. 798.17. (a) Rental agreements meeting the criteria of subdivision(b)shall be exempt from any ordinance,rule,regulation,or initiative measure adopted by any local governmental entity which establishes a maximum amount that a landlord may charge a tenant for rent.The terms of such a rental agreement shall prevail over conflicting provisions of such an ordinance, r`. ole,regulation,or initiative measure limiting or restricting rents in mobilehome parks only during the term of the rental agreement or one or more uninterrupted,continuous extensions Hereof.If the rental agreement is not extended and no new rental agreement in excess of 12 months'duration is entered into,then the last rental rate charged for the space under the previous Intal agreement shall be the base rent for purposes of applicable provisions of law concerning rent regulation,if any. The first paragraph of a rental agreement entered into pursuant to this section shall contain a provision notifying the homeowner that the agreement will be exempt from any ordinance, ole,regulation,or initiative measure adopted by any local governmental entity which establishes a maximum amount that a landlord may charge a tenant for rent. (b) Rental agreements subject to this section shall meet all of the following criteria: (1) The rental agreement shall be in excess of 12 months'duration. (2) The rental agreement shall be entered into between the management and a homeowner for the personal and actual residence of the homeowner. (3) The homeowner shall have at least 30 days from the date the rental agreement is first offered to the homeowner to accept or reject the agreement. (4) The homeowner who executes a rental agreement offered pursuant to this section may void such agreement by notifying management In writing within 72 hours (the homeowner's execution of the rental agreement. (c) The homeowner shall have the option to reject the offered rental agreement and Instead accept a rental agreement for a term of 12 months or less from the date 'ie offered agreement begins.In the event the homeowner elects to have a rental agreement for a term of 12 months or less,including a month-to-month agreement, ie agreement shall contain the same"rental charges"terms and conditions as the offered rental agreement during the first 12 months,except for options contained i the offered rental agreement to extend or renew the agreement. (d) Nothing In subdivision(c)shall be construed to prohibit management from offering gifts of value,other than rental rate reductions,to homeowners who execute rental agreement pursuant to this section. This section does not apply to or supersede other provisions of this part or other state law. 798.18. (a) A homeowner shall be offered a rental agreement for(1)a term of 12 months,or(2)a lesser period as the homeowner may request,or(3)a longer period as mutually 3reed upon by both the homeowner ana management. (b) No such agreement shall contain any terms or conditions with respect to charges for rent,utilities,or incidental reasonable service charges that would be different during the first 12 ionths of the agreement from the corresponding terms or conditions that would be offered to the homeowners on a month-lo-month basis. 798.19. No rental agreement for a mobilehome shall contain a provision by which the homeowner waives his or her rights under the provisions of Articles 1 to 8,inclusive,of this chapter. ny such waiver shall be deemed contrary to public policy and void. 798.20. Membership in any private club or organization which is a condition for tenancy in a park shall not be denied on the basis of race,color,religion,sex,national origin,ancestry, r marital status. Article 3. Rules and Regulations 798.22. (a) In any new mobilehome park that is developed after January 1, 1982,mobilehome spaces shall not be rented for the accommodation of recreational vehicles as defined y Section 799.24 unless the mobilehome park has a specifically designated area within the park for recreational vehicles,which is separate and apart from the area designated for mobilehomes. ecreational vehicles may be located only in the specifically designated area. (b) Any new mobilehome park that is developed after January 1, 1982,is not subject to the provisions of this section until 75 percent of the spaces have been rented for the first time. 798.24 Each common area facility shall be open or available to residents at all reasonable hours and the hours of the common area facility shall be posted at the facility. 798.25. A rule or regulation of the park may be amended at any time with the consent of a homeowner,or without his or her consent upon written notice to him or her of not less than x months,except for regulations applicable to recreational facilities which may be amended without his or her consent upon written notice to him or her of not less than 60 days.Written otice to a new homeowner,whose tenancy commences within the required period of notice,of a proposed amendment shall constitute compliance with this section where the written notice given to him or her before the inception of his or her tenancy. 798.26. (a) Except as provided in subdivision(b),and notwithstanding any other provision of law to the contrary,the ownership or management of a park,subdivision,cooperative, r condominium for mobilehomes shall have no right of entry to a mobilehome without the prior written consent of the resident.Such consent may be revoked in writing by the resident at ny time. The ownership or management shall have a right of entry upon the land upon which a mobilehome is situated for maintenance of utilities, for maintenance of the premises in ccordance with the rules and regulations of the park when the homeowner or resident fails to so maintain the premises,and protection of the mobilehome park,subdivision,cooperative, r condominium at any reasonable time,but not in a manner or at a time which would interfere with the resident's quiet enjoyment. (b) The ownership or management of a park,subdivision,cooperative or condominium for mobilehomes may enter a mobilehome without the prior written consent of the resident in ase of an emergency or when the resident has abandoned the mobilehome. 798.27. (a) The management shall give written notice to all homeowners and prospective homeowners concerning the following matters:(1)the nature of the zoning or use permit nder which the mobilehome park operates. If the mobilehome park is operating pursuant to a permit subject to a renewal or expiration date,the relevant information and dales shall be eluded in the notice. (2)The duration of any lease of the mobilehome park,or any portion thereof,in which the management is a lessee. (b) if a change occurs concerning the zoning or use permit under which the park operates or a lease in which the management is a lessee,all homeowners shall be given written notice ,tthin 30 days of such change.Notification regarding the change of use of the park,or any portion thereof,shall be governed by subdivision(f)of Section 798.56.A prospective homeowner hall be notified prior to the inception of the tenancy. 798.28. The management of a mobilehome park shall disclose,in writing,the name of the mobilehome park owner upon request of a homeowner. Article 4. Fees and Charges 798.30. The management shall give a homeowner written notice of any increase in his or her rent at least 60 days before the date of the increase. 798.31. A homeowner shall not be charged a fee for other than rent,utilities,and incidental reasonable charges for services actually rendered. A homeowner shall not be charged a fee for obtaining a lease on a mobilehome lot for(1)a term of 12 months,or(2)a lesser period as the homeowner may request.A fee may e charged for a lease of more than one year if the fee is mutually agreed upon by both the homeowner and management. 798.32. A homeowner shall not be charged a fee for services actually rendered which are not listed in the rental agreement unless he or she has been given written notice thereof by he management,at least 60 days before imposition of the charge. 798.33. A homeowner shall not be charged a fee for keeping a pet in the park unless the management actually provides special facilities or services for pets.If special pet facilities are maintained by the management,the fee charged shall reasonably relate to the cost of maintenance of the facilities or services and the number of pets kept in the park. 798.34. (a) A homeowner shall not be charged a fee for a guest who does not stay with him or her for more than a total of 20 consecutive days or a total of 30 days in a calendar year. ouch a guest will not be required to register with the management. (b) A homeowner who is living alone and who wishes to share his or her mobilehome with one person may do so,and a fee shall not be imposed by management for such person.Such Terson shall be considered a guest of the homeowner and any agreement between the homeowner and such person shall not change the terms and conditions of the rental agreement etween management and the homeowner.Such guest shall comply with the provisions of the rules and regulations of the mobilehome park. 798.35. A homeowner shall not be charged a fee based on the number of members in his or her immediate family.As used in this section,the"immediate family"includes the homeowner, its or her spouse,their parents,and their children. 798.36. A homeowner shall not be charged a fee for the enforcement of any of the rules and regulations of the park,except a reasonable fee may be charged by management for the nainlenance of the land and premises upon which the mobilehome is situated in the event the homeowner fails to do so in accordance with the rules and regulations of the park after written iotification to the homeowner and the failure of the homeowner to comply within 14 days.The written notice shall state the specific condition to be corrected and an estimate of the charges o be imposed by management if the services are performed by management or its agent. ..,_._. ,....-_.-. ..,.,>.-.,._....� ....;..- -_,- -.. 798.37. iA homeowner,shall not,be charged a fee•for-the entry,*Installation, hookup,or landscaping as a condition of tenancy except for an actual fee or cost imposed by a local lovernmental ordinance or.requirement directly related to the occupancy of the specific site upon which the.mobilehome is located and not incurred as a portion of the development of the nobilehome park as a whole. However, reasonable landscaping and maintenance requirements may be included in the park rules and regulations.The management shall not require a iomeowner or prospective homeowner to purchase,rent,or lease goods or services for landscaping from any person,company,or corporation. 798.38. Where the management provides both master meter and submeter service of utilities to a homeowner, for each billing period the cost of the charges for the period shall be eparately stated along with the opening and closing readings for his meter.The management shall post in a conspicuous place,the prevailing residential utilities rate schedule as published )y the serving utility. 798.40. The management shall not acquire alien or security interest,other than an Interest arising by reason of process Issued to enforce a judgment of any court, n a mobilehome located in the park unless It Is mutually agreed upon by both the homeowner and management.Any billing and payment upon the obligation shall be kept separate from current rent. Article 5. Homeowner Meetings 798.50. The management shall permit meetings by homeowners or residents of a mobilehome in the park,or any or all of them,relating to mobilehome living or social or educational wrposes to be held in any of the park community or recreation halls if the meeting is held at a reasonable hour and when the facility is not otherwise in use. 798.51. The management shall meet and consult with the homeowners,upon written request,within 30 days of the request,either individually,collectively,or with representatives of i group of homeowners who have signed a request to be so represented on the following matters: (a) Amendments to park rules and regulations. (b) Standards for maintenance of physical improvements in the park. (c) Addition,alteration,or deletion of service,equipment or physical improvements. (d) Rental agreements offered pursuant to Section 798.17. Any collective meeting shall be conducted only after notice thereof has been given to all the requesting homeowners 10 days or.more before the meeting. Article 6. Termination of Tenancy )8.55. (a) The Legislature finds and declares that,because of the high cost of moving mobilehomes,the potential for damage resulting therefrom,the requirements relating to the illation of mobilehomes,and the cost of landscaping or lot preparation,it is necessary that the owners of mobilehomes occupied within mobilehome parks be provided with the unique action from actual or constructive eviction afforded by the provisions of this chapter. ► The management shall not terminate or refuse to renew a tenancy,except for a reason specified in this article and upon the giving of written notice to the homeowner in the manner cribed by Section 1162 of the Code of Civil Procedure,to remove the mobilehome from the park within a period of not less than 60 days,which period shall be specified in the notice. py of this notice shall be sent to the legal owner,as defined in Section 18005.8 of the Health and Safety Code,each junior lienholder,as defined in Section 18005.3 of the Health and ty Code,and the registered owner of the mobilehome,if other than the homeowner,by United States mail within 10 days after notice to the homeowner,addressed to the legal owner, i junior lienholder,and the registered owner at their addresses,as set forth in the registration card specified in Section 18091.5 of the Health and Safety Code. )8.56. A tenancy shall be terminated by the management only for one or more of the following reasons: ) Failure of the homeowner or resident to comply with a local ordinance or state law or regulation relating to mobilehomes within a reasonable time after the homeowner receives a :e of noncompliance from the appropriate governmental agency. Conduct by the homeowner or resident,upon the park premises,which constitutes a substantial annoyance to other homeowners or residents. I Failure of the homeowner or resident to comply with a reasonable rule or regulation of the park as set forth in the rental agreement or any amendment thereto. act or omission of the homeowner or resident shall constitute such a failure to comply unless and until the management has given the homeowner written notice of the alleged rule or lation violation and the homeowner or resident has failed to adhere to the rule or regulation within seven days.However,if a homeowner has been given a written notice of an alleged ition of the same rule or regulation on three or more occasions within a 12-month period after the homeowner or resident has violated that rule or regulation,no written notice shall be aired for a subsequent violation,of the same rule or regulation. aching in this subdivision shall relieve the management from its obligation to demonstrate that a rule or regulation has in fact been violated. ) Nonpayment of rent,utility charges,or reasonable incidental service charges;provided,that the homeowner shall be given a three-day written notice to pay the amount due or to le the tenancy.The three-day written notice shall be given to the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure.Such notice may be given at ;ame time as the 60 days' notice required for termination of the tenancy. Payment by the homeowner prior to the expiration of the three-day notice period,or payment by the legal er,as defined in Section 18005.8 of the Health and Safety Code,any junior lienholder,as defined in Section 18005.3 of the Health and Safety Code,or the registered owner,as defined action 18009.5 of the Health and Safety Code,if other than the homeowner,on behalf of the homeowner prior to the expiration of 30 calendar days following the mailing of the notice e legal owner,each junior lienholder,and the registered owner provided in subdivision(b)of Section 798.55,shall cure a default under this subdivision with respect to such payment. homeowner shall remain liable for all payments due up until the time the tenancy is vacated.Cure of a default of rent,utility charges,or reasonable incidental service charges by the owner,any junior lienholder,or the registered owner,if other than the homeowner,as provided by this subdivision,may not be exercised more than twice during the term of the tenancy. I Condemnation of the park. Change of the use of the park or any poilion thereof,provided: The management gives the homeowners at least 15 days'written notice that the management will be appearing before a local governmental board,commission,or body to request nits for a change of use of the mobilehome park. ) After all required permits requesting a change of use have been approved by the local governmental board,commission,or body,the management shall give the homeowners six ths'or more written notice of termination of tenancy. the change of use requires no,local governmental permits,then notice shall be given 12 months or more prior to the management's determination that a change of use will occur.The agement in the notice shall disclose and describe in detail the nature of the change of use. ► The management gives each proposed homeowner written notice thereof prior to the inception of his or her tenancy that the management is requesting a change of use before local !rnmental bodies or that a change of use request has been granted. The notice requirements for termination of tenancy set forth in Sections 798.56 and 798:57 shall be followed if the proposed change actually occurs. A notice of a proposed change of use given prior to January 1, 1980,which conforms to the requirements in effect at that time shall be valid.The requirements for a notice of a )osed change of use imposed by this subdivision shall be governed by the law in effect at the time the notice was given. )8.57. The management shall set forth in a notice of termination,the reason relied upon for the termination with specific facts to permit determination of the date,place,witnesses, circumstances concerning that reason.Neither reference to the section number of a subdivision thereof,nor a recital of the language of this article will constitute compliance with this section. 18.58. No tenancy shall be terminated for the purpose of making a homeowner's site available for a person who purchased a mobilehome from the owner of the park or his agent. 18.59. ' A homeowner shall give written notice to the management of not less than 60 days before vacating his or her tenancy. 18.60. The provisions of this article shall not affect any rights or proceedings set forth in Chapter 4(commencing with Section 1159)of Title 3 of Part 3 of the Code of Civil Procedure pt as otherwise provided herein. 18.61. (a) As used In this section, "abandoned mobilehome"means a mobilehome(1)less than 12 feet in width,(2)located in a mobilehome park on a site for ch no rent has been paid to the management for the preceding 60 days,(3)that Is unoccupied,and(4)which the management reasonably believes to be abandoned. ,) After determining a mobllehome In a mobilehome park to be an abandoned mobilehome,the management shall post a notice to that effect on the mobilehome rot less than 30 days,and shall deposit copies of the notice in the United States mail,postage prepaid,addressed to the homeowner at the last known address and ny known registered owner, if different from the homeowner, and to any known holder of a security interest In the mobilehome. This notice shall be mailed by stered mail with a return receipt requested. ,) Thirty or more days following posting pursuant to subdivision(a),the management may file a petition In the municipal or Justice court for the judicial district which the mobilehome park Is located for a Judicial declaration of abandonment of the mobilehome.Copies of the petition shall be served upon the homeowner, known registered owner, and any known person having a lien or security Interest of record in the mobilehome. This service may be by publication under the ditions and In the manner specified In Section 415.50 of the Code of Civil Procedure. 1) Hearing on the petition shall be given precedence over other matters on the court's calendar.In no event shall the hearing be scheduled more than 60 days owing Initial posting under subdivision(b).If,upon the hearing, the petitioner shows by a preponderance of the evidence that the mobilehome meets the criteria 2n abandoned mobilehome and no party establishes an Interest therein at the hearing,the court shall enter a judgment of abandonment,determine the amount of rges to which the petitioner Is entitled, and award costs to the petitioner. However, at any time prior to sale under this section, any person having a right to session of the mobilehome may recover it upon payment to the management of all rent or other charges due,Including reasonable costs of storage and other costs rded by the court. ) Within 10 days following a judgment of abandonment,the management shall enter the abandoned mobilehome and complete an Inventory of the contents and mit the Inventory to the court. During this period the management shall post and mail notice of intent to sell the abandoned mobilehome and Its contents under section,and announcing the date of sale,in the some manneras provided forthe notice of determination of abandonment under subdivision(b),and by publication newspaper of general circulation published in the city in which the park Is located or,If located In an unincorporated area,in the county where the park is located. I Prior to the sale,the abandoned mobilehome and its contents shall not be moved from its site,but the management shall be entitled to storage costs In the some ,unt as the contract rent and other charges that would be applicable If the mobllehome had not been abandoned. ) Not less than 30 days following the Judgment of abandonment,the management may conduct a public sale of the abandoned mobilehome and its contents.The agement may bid at the sale and shall have the right to offset its bids to the extent of the total amount due it under this section.The proceeds of the sale shall be . fined by the management, but any unclaimed amount thus retained over and above the amount to which the management is entitled under this section shall be ned abandoned property and shall be paid into the treasury of the county in which the sale took place within 30 days of the date of the sale.The former homeowner ny other owner may claim any or all of that unclaimed amount within one year from the date of payment to the county by making application to the county treasurer Cher official designated by the county.If the county pays any or all of that unclaimed amount to a claimant,neither the county nor any officer or employee of the my Is liable to any other claimant as to the amount paid. ) Within 30 days of the date of the sale,the management shall submit to the court an accounting of the moneys received from the sale and the disposition of the iey and the items contained in the Inventory submitted to the court pursuant to subdivision(e). I The management shall provide the purchaser at the sale with a copy of the Judgment of abandonment and evidence of title,as shall be specified by the State artment of Housing and Community Development,which shall register title In the mobilehome to the purchaser upon presentation thereof.The sale shall pass title ie mobilehome to the purchaser free of any prior Interest,including any security interest or lien,In the mobilehome. Article 7. Transfer of Mobilehome or Mobilehome Park )8.70. A homeowner or his or her agent may advertise the sale or exchange of his or her mobilehome,or,if not prohibited by the terms of an agreement with the management,may artise the rental of his or her mobilehome,by displaying a sign in the window of the mobilehome,or by a sign posted on the side of the mobilehome facing the street,slating that mobilehome is for sale or exchange or,if not prohibited, for rent by the owner of the mobilehome or his or her agent.The sign shall state the name,address,and telephone number of awner of the mobilehome or his or her agent and shall not exceed 24 Inches In width and 18 inches in height. )8.71. The management shall not show or list for sale a manufactured home or mobilehome without first obtaining the owner's written authorization.The authorization shall specify erms and conditions regarding the showing or listing. )thing in this section shall be construed as affecting the provisions of the Health and Safety Code governing the licensing of manufactured home or mobilehome salespersons or dealers. 18.72. The management shall not charge a homeowner or his or her agent a transfer or selling fee as a condition of a sale of his mobilehome within a park unless the management arms a service in the sale.The management shall not perform any such service in connection with the sale unless so requested,in writing,by the homeowner or his or her agent. j. 793.73.. The management shall not require the removal of a mobilehome from the park in the event of its sale to a third party during the term of the homeowner's rental agreement However,in the event of a sale to a third party,in order to upgrade the quality of the park,the management may require that a mobilehome be removed from the park where: (a) It is less than 10 feet wide. (b) It is more than 20 years old,or more than 25 years old if manufactured after September 15, 1971,and is 20 feet wide or more and the mobilehome does not comply with the healtl and safely standards provided in Sections 18550, 18552,and 18605 of the Health and Safety Code,and the regulations established thereunder. (c) The mobilehome is more than 17 years old,or more than 25 years old if manufactured after September 15, 1971,and is less than 20 feet wide and the mobilehome does not compl, with the construction and safety standards under Sections 18550, 18552,and 18605 of the Health and Safety Code,and the regulations established thereunder. (d) It is in a significantly rundown condition or in disrepair,as determined by the general condition of the mobilehome and its acceptability to the health and safety of the occupants ani to the public,exclusive of its age.The management shall use reasonable discretion in determining the general condition of the mobilehome and its accessory structures.The managemen shall bear the burden of demonstrifting that the mobilehome is in a significantly rundown condition or in disrepair. 798.74. (a) The management may require the right of prior approval of a purchaser of a mobilehome that will remain in the park and that the selling homeowner or his or her agent give notice of the sale to the management before the close of sale.Approval cannot be withheld if the purchaser has the financial ability to pay[he rent and charges of the park unless the management reasonably determines that,based on the purchaser's prior tenancies, he or she will not comply with the rules and regulations of the park. If the ownership or management rejects a purchaser as a prospective homeowner,the ownership or management shall inform the selling homeowner in writing of its reasons for such rejection. (b) it me management collects a fee or charge from a prospective purchaser of a mobilehome in order to obtain a financial report or credit rating,the full amount of the fee or charg shall be credited toward payment of the first month's rent for that mobilehome purchaser.If,for whatever reason,the prospective purchaser is rejected by the management,the managemen shall refund to the prospective purchaser'the full amount of that fee or charge within 30 days from the date of rejection.It the prospective purchaser is approved by the management,bul for whatever reason,the prospeclive purchaser elects not to purchase the mobilehome,the management may retain the fee,or a portion thereof,to defray its administrative costs under this section 798.75. An escrow,sale,or transfer agreement involving a mobilehome located in a park at the time of the sale,where the mobilehome is to remain in the park,shall contain a provision Signe( by the purchaser stating that, by such signature he or she has agreed to the terms of a rental agreement. A copy of a fully executed rental agreement signed by both the purchaser and par! management will satisfy the requirements of this section.In the event the purchaser fails to execute the rental agreement,the purchaser shall not have any rights of tenancy. 798.76. The management may require that a purchaser of a mobilehome which will remain in the park,comply with any rule or regulation limiting residence to adults only. 798.77. No rental or sale agreement shall contain a provision by which the purchaser or homeowner waives his or her rights under this chapter.Any such waiver shall be deemed contrary t( public policy and shall be void and unenforceable. 798.78. An heir or joint tenant who gains ownership of a mobilehome in the mobilehome park through the death of the owner of the mobilehome who is a homeowner shall have the right t( sell the mobilehome to a third party in accordance with the provisions of this article,but only if all the homeowner's responsibilities and liabilities to the management regarding rent,utilities,an( reasonable maintenance of the mobilehome and its premises which have arisen after the transfer of ownership to the heir or joint tenant have been satisfied up until the date the mobilehome i resold. 798.79. Any legal owner or junior lienholder who forecloses on his or her security interest in a mobilehome located in a mobilehome park shall have the right to sell the mobilehome withii the park to a third party in accordance with the provisions of this article,but only if all the homeowner's responsibilities and liabilities to the management regarding rent,utilities,and reasonably maintenance of a mobilehome and its premises are satisfied by the foreclosing creditor through the date the mobilehome is resold. 798.80. (a) When the owner of a mobilehome park enters Into a written listing agreement with a licensed real estate broker,as defined in Article 1 (commencing wits Section 10130)of Chapter 2 of Part 1 of Division 4 of the Business and Professions Code,for the sale of the park,or offers to sell the park to any party, the owner shat provide written notice by first-class mail or by personal delivery to the president,secretary,and treasurer of a resident organization formed pursuant to Section 50561 of tht Health and Safety Code,not less than 10 days but no more than 30 days prior to entering into any written listing agreement for the sale of the park,or making any offer to sell the park to any party.An offer to sell a park shall not be construed as an offer under this,subdivision unless it is initiated by the park owner or agent. (b) An owner of a mobilehome park shall not be required to comply with subdivision(a)unless the following conditions are met: (1) The resident organization has first furnished the park owner or park manager a written notice of the name and address of the president,secretary,and treasurer o the resident organization to whom the notice of sale shall be given. (2) The resident organization has first notified the park owner or manager in writing that the park residents are interested in purchasing the park.The initial notice bi '.he resident organization shall be made prior to a written listing or offer to sell the park by the park owner,and the resident organization shall glue subsequent notice once ?ach year thereafter that the park residents are interested in purchasing the park. (3) The resident organization has furnished the park owner or park manager a written notice,within flue days,of any change In the name or address of the officers of the -esident organization to whom the notice of sale shall be given. (c) Nothing in this section affects the validity of title to real property transferred to violation of this section,although a violation shall subject the seller to civil actior, rursuant to Article 8(commencing with Section 798.84)by homeowner residents of the park or the resident organization. (d) 'Nothing in this section affects the ability of a licensed real estate broker,as defined in Article I(commencing with Section 10130)of Chapter 3 of Part 1 of Dtulsior. I of the Business and Professions Code,to collect a commission pursuant to an executed contract between the broker and the mobilehome park owner. (e) This section does not apply to any of the following: (1) Any sale or other transfer by a park owner who is a natural person to any relation specified In Section 6401 or 6402 of the Probate Code. (2) Any transfer by gift,devise,or operation of law. (3) Any transfer by a corporation to an affiliate.As used in this paragraph, "affiliate"means any shareholder of the transferring corporation,any corporation or entill iwned or controlled, directly or Indirectly, by the transferring corporation, or any other corporation or entity controlled, directly or Indirectly, by any shareholder of the ransferring corporation. (4) Any transfer by a partnership to any of its partners. (5) Any conveyance resulting from the judicial or nonjudicial foreclosure of a mortgage or deed of trust encumbering a mobilehome park or any deed given in lieu of sucl foreclosure. (6) Any sale or transfer between or among jot ntlenant3 or tenants in common owning a mobilehome park. (7) The purchase of a mobilehome park Qa gorret!menta►snit under its powers of eminent domain. Article 8. ctions, Proceedings, and Penalties 798.85. in any action arising out of the provisioiii s of this chapter the revailing party shall be entitled to reasonable attorney's fees and costs.A party shall be deemed a prevailing party fol ie purposes of[his section if the judgment is rendered inher favor r where the litigation is dismissed in his or her favor prior to or during the trial,unless the parties otherwise agree in the !ttlemenl or compromise. 798.86.,.r-In the--event a homeowner or former homeowner of a park is the prevailing party in a civil action against the management to enforce his or her rights under the provisions of this iapter;lhe'homeowner;in addition to damages afforded by law,may,in the discretion of the court,be awarded an amount not to exceed five hundred dollars($500)for each willful violation of ose provisions by the management";,, 798.87`�1''(a1 =The'substantiattailure',of the management to provide and maintain physical improvements in the common facilities in good working order and condition shall be deemed a public aisan .NoNdthstanding'the'provisions of Section.3491,'such a'nuisance only maybe remedied by a civil actio ora a emen (b) The'substantial violation of a mobilehome park rule shall be"deemed a public nuisance.'Notwithstanding the provisions.of SectiAn 3491,such a nuisance only maybe remedied by a civii lion or abatement; ` >^s Article 9. Subdivisions, Cooperatives and Condorniniums 799. As used in this article: (a) "Ownership or management"means the ownership or management of a subdivision,cooperative,or condominium for mobilehomes. (b) "Resident"means a person who maintains a residence in a subdivision,cooperative,or condominium for mobilehomes. 799.1. A resident may advertise the sale or exchange of his or her mobilehome or,if not prohibited by the terms of an agreement with the management or ownership, may advertise the ntai of his or her mobilehome by displaying a sign in the window of his or her mobilehome stating that the mobilehome is for sale or exchange or,if not prohibited,for rent by the owner of the obilehome or his or her agent.The sign shall state the name,address,and telephone number of the owner of the mobilehome or his or her agent,and may be at least 12 inches in width and 12 :hes in length. 799.2. The ownership or management shall not show or list for sale a mobilehome owned by a resident without first obtaining the resident's written authorization.The authorization shall ecify the terms and conditions regarding the showing or listing. Nothing contained in this section shall be construed to affect the provisions of the Health and Safety Code governing the licensing of mobilehome salesmen. 799.3. The ownership or management shall not require the removal of a mobilehome from a subdivision,cooperative,or condominium in the event of its sale to a third party. 799.4. The ownership or management may require the right to prior approval of the purchaser of a mobilehome [hat will remain in the subdivision, cooperative,or condominium for )bilehomes and that the selling resident or his or her agent give notice of the sale to the ownership or management before the close of the sale.Approval cannot be withheld if the purchaser has r financial ability to pay the fees and charges of the subdivision,cooperative,or condominium unless the ownership or management reasonably determines that,based on the purchaser's prior ,idences,he or she will not comply with the rules and regulations of the subdivision,cooperative,or condominium. 799.5. The ownership or management may require that a purchaser of a mobilehome which will remain in the subdivision,cooperative,or condominium for mobilehomes,comply with any e or regulation limiting residence therein to adults only. 199.6. No agreement shall contain any provision by which the purchaser waives his or her rights under the provisions of this article.Any such waiver shall be deemed contrary to public licy and void and unenforceable.