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The following definitions shall apply to this chapter:
(a) "Director DEHQ" means the Director of the Department of Environmental Health and Quality and any person appointed or hired by the Director to administer or enforce this chapter.
(b) "Director PDS” means the Director of the Department of Planning and Development Services and any person appointed or hired by the Director to administer or enforce this chapter.
(c) "Mobilehome" has the same meaning as the term "mobilehome" in H & S Code section 18008.
(d) "Mobilehome park" has the same meaning as the term "mobilehome park" in H & S Code section 18214.
(e) "Special occupancy park" has the same meaning as the term "special occupancy park" in H & S code section 18862.43.
(f) "Street" has the same meaning as the term "street" in Vehicle Code section 590.
(Added by Ord. No. 9974 (N.S.), effective 4-3-09; amended by Ord. No. 10224 (N.S.), effective 10-25-12; amended by Ord. No. 10709 (N.S.), effective 1-15-21)
The Director DEHQ shall enforce H & S code sections 18200 applicable to mobilehome parks, H & S code section 18860 applicable to special occupancy parks and this chapter, in the unincorporated area of the County.
(Added by Ord. No. 9974 (N.S.), effective 4-3-09; amended by Ord. No. 10709 (N.S.), effective 1-15-21)
Each mobilehome park and special occupancy park established in the unincorporated area of the County after January 1, 2003 shall contain a minimum of five acres of land. The land shall be properly graded to provide for adequate drainage and freedom from standing pools of water.
(Added by Ord. No. 9974 (N.S.), effective 4-3-09)
(a) A permit to construct, reconstruct, alter or modify a mobilehome park required by H & S Code section 18500 or special occupancy park required by H & S Code section 18870 shall be processed by the Director PDS. The permit fee for any of these permits shall be paid to the Director PDS.
(b) No person shall operate a mobilehome park or special occupancy park except as provided in an operating permit issued by the Director DEHQ. To the extent allowed by State law, the Director may suspend or not renew the operating permit for a mobilehome park if that park has not been operated in substantial compliance with this chapter during the prior permit term.
(c) The fee for a mobilehome park construction permit shall be the applicable fee established pursuant to H & S Code sections 18502 and 18503. The fee for a special occupancy park construction permit shall be the applicable fee established pursuant to H & S Code sections 18870.2 and 18870.4.
(d) The fee for a mobilehome park operating permit shall be the annual operating permit fee established by H & S Code sections 18502 and 18502.5. The fee for a special occupancy park operating permit shall be the applicable fee established pursuant to H & S Code sections 18870.2 and 18870.3.
(Added by Ord. No. 9974 (N.S.), effective 4-3-09; amended by Ord. No. 10224 (N.S.), effective 10-25-12; amended by Ord. No. 10518 (N.S.), effective 2-9-18; amended by Ord. No. 10709 (N.S.), effective 1-15-21)
(a) If the owner of a mobilehome park receives an acceptable unsolicited offer to buy the park, not less than 30 days prior to acceptance of the offer, the owner shall provide written notice of his or her intention to sell the mobilehome park to the president, secretary and treasurer of any resident organization formed by homeowners in the mobilehome park as a nonprofit corporation, stock cooperative corporation or other entity for purposes of converting the mobilehome park to condominium or stock cooperative ownership interests and for purchasing the mobilehome park from the management of the mobilehome park.
(b) An owner of a mobilehome park shall not be required to comply with subdivision (a) above unless the following conditions are met:
(1) The resident organization has first furnished the park owner and park manager written notice of the name and address of the president, secretary and treasurer of the resident organization to whom the notice of sale shall be given.
(2) The resident organization has first notified the park owner and manager in writing that the park residents are interested in purchasing the park. The initial notice by the 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 give subsequent notice once each year thereafter that the park residents are interested in purchasing the park. The notice shall provide proof that a majority of the park residents have expressed interest in purchasing the mobilehome park.
(3) The resident organization has furnished the park owner and park manager a written notice, within five days of any change in the name or address of the officers of the resident organization to whom the notice of sale be given.
(4) All notices required by this section shall be by first-class certified mail, return receipt requested.
(c) Nothing in this section affects the validity of title to property transferred in violation of this section. This section, however, shall not be construed to restrict the rights of homeowner residents of the park or the resident organization to file a civil action for damages against the park owner.
(d) Nothing in this section affects the ability of a licensed real estate broker to collect a commission pursuant to an executed contract between the broker and the mobilehome park owner.
(e) Subdivision (a) 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 sections 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 entity owned or controlled, directly or indirectly, by the transferring corporation or any other corporation or entity controlled, directly or indirectly, by any shareholder of the transferring corporation.
(4) Any transfer by a partnership to one or more 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 a foreclosure.
(6) Any sale or transfer between or among joint tenants or tenants in common owning a mobilehome park.
(7) The purchase of a mobilehome park by a governmental entity under its powers of eminent domain.
(Added by Ord. No. 9974 (N.S.), effective 4-3-09)