PART 2.3. SPECIAL OCCUPANCY PARKS ACT [18860. - 18874.]
Part 2.3 added by Stats. 2001, Ch. 434, Sec. 39.
§§ 18860–18874 · 95 sections
CHAPTER 1. General §§ 18860–18861 · 2 sections
CHAPTER 2. Definitions §§ 18862–18862.49 · 27 sections
- § 18862 “Accessory building or structure” is any awning, cabana, ramada, storage cabinet, storage building, private garage, carport, fence, windbreak or porch, or any…
- § 18862.1 “Approved” when used in connection with any material, appliance, or construction, means meeting the requirements for obtaining the approval of the department.
- § 18862.3 “Building standard” means building standard as defined in Section 18909.
- § 18862.5 “Camping cabin” means a relocatable hard sided shelter with a floor area less than 400 square feet (37 square meters) without plumbing that is designed to be…
- § 18862.7 “Camping party” means a person or group of not more than 10 persons occupying a campsite or “camping cabin” for not more than 30 days annually.
- § 18862.9 “Campsite” is an area within an incidental camping area occupied by a camping party.
- § 18862.11 “Commercial coach” as used in this part has the same meaning as defined in Section 18001.8.
- § 18862.13 “Conditional permit” means a construction, reconstruction, or operation permit issued by the enforcement agency which may prescribe conditions on the use or…
- § 18862.15 “Department” is the Department of Housing and Community Development.
- § 18862.17 “Enforcement agency” is the Department of Housing and Community Development, or any city, county, or city and county that has assumed responsibility for the…
- § 18862.19 “Incidental camping area” is any area or tract of land where camping is incidental to the primary use of the land for agriculture, timber management, or water…
- § 18862.21 “Lease” is an oral or written contract for the use, possession, and occupation of property. It includes rent.
- § 18862.23 “Lot” means any area or tract of land or portion of a special occupancy park, designated or used for the occupancy of one manufactured home, mobilehome,…
- § 18862.25 “Manufactured home” shall have the same meaning as defined in Section 18007.
- § 18862.27 “Mobilehome” shall have the same meaning as defined in Section 18008.
- § 18862.29 “Mobilehome park” shall have the same meaning as used in Section 18214.
- § 18862.30 “Occupant” and “resident” shall be interchangeable and shall include “occupant,” “resident,” “tenant,” or “guest” as used in Chapter 2.6 (commencing with…
- § 18862.31 “Park” means any special occupancy park.
- § 18862.33 “Permanent building” means any permanent structure, other than factory-built housing, under the control and ownership of the special occupancy park owner or…
- § 18862.35 “Plan checking agency” means a private entity employing at least one architect or engineer licensed by the state to perform the review of plans and…
- § 18862.37 “Recreational vehicle” as used in this part has the same meaning as defined in Section 18010.
- § 18862.39 (a) “Recreational vehicle park” is any area or tract of land, or a separate designated section within a mobilehome park where two or more lots are rented,…
- § 18862.41 “Rent” is money or other consideration given for the right of use, possession, and occupation of property.
- § 18862.43 “Special occupancy park” means a recreational vehicle park, temporary recreational vehicle park, incidental camping area, or tent camp. “Special occupancy…
- § 18862.45 “Special purpose commercial coach” as used in this part has the same meaning as defined in Section 18012.5.
- § 18862.47 (a) “Temporary recreational vehicle park” is any area or tract of land where two or more lots are rented, leased, or held out for rent or lease to owners or…
- § 18862.49 “Tent” is any enclosed structure or shelter fabricated entirely or in major part of cloth, canvas, or similar material supported by a frame.
CHAPTER 3. Findings and Purposes §§ 18863–18863.4 · 5 sections
- § 18863 The Legislature finds and declares that increasing numbers of Californians own and use recreational vehicles for recreation, vacations, and temporary housing.…
- § 18863.1 The Legislature finds and declares that the standards and requirements established for construction, maintenance, occupancy, use, and design of parks should…
- § 18863.2 The Legislature finds and declares that inclusion of specific standards within a statute often precludes the rapid and flexible action needed to correct…
- § 18863.3 The Legislature finds and declares that the specific requirements relating to construction, maintenance, occupancy, use, and design of parks are best developed…
- § 18863.4 (a) It is the purpose of this part to accomplish both of the following: (1) Assure protection of the health, safety, and general welfare of all park occupants…
CHAPTER 4. Application and Scope §§ 18865–18865.8 · 10 sections
- § 18865 (a) This part applies to all parts of the state and supersedes any ordinance enacted by any city, county, or city and county, whether general law or chartered,…
- § 18865.05 (a) This part shall also apply to any portion of a mobilehome park that is also a special occupancy park, as defined in Section 18862.43. (b) The department…
- § 18865.1 Any person may file an application with the governing body of any city, city and county, or county for a conditional use permit for a special occupancy park.…
- § 18865.2 (a) In any city, county, or city and county that has imposed a time limitation for occupancy of spaces in special occupancy parks, any special occupancy park…
- § 18865.3 The department shall adopt regulations for special occupancy parks which shall take into consideration any special conditions as location, physical…
- § 18865.4 This part does not apply to any park or camping area owned, operated, and maintained by any of the following: (a) The federal government. (b) The state. (c)…
- § 18865.5 (a) This part does not apply to any apartment house, hotel, or dwelling that is subject to Part 1.5 (commencing with Section 17910). (b) This part does not…
- § 18865.6 (a) This part is not intended to prevent the use of any material, appliance, installation, device, arrangement, or method of construction not specifically…
- § 18865.7 (a) The department shall evaluate the enforcement of this part and regulations adopted pursuant to this part by each city, county, or city and county that has…
- § 18865.8 (a) The department may delegate all or any portion of the authority to enforce this part and the regulations adopted pursuant to this part, or to enforce…
CHAPTER 5. Enforcement, Actions, and Proceedings §§ 18866–18866.6 · 7 sections
- § 18866 (a) The department shall enforce this part and the rules and regulations adopted pursuant to this part, except as provided in Section 18865. (b) The officers…
- § 18866.1 Enforcement agencies responsible for the enforcement of this part and the regulations adopted pursuant to this part shall maintain all records on file of…
- § 18866.2 Any notice of violation of this part, or any rule or regulation adopted pursuant thereto, issued by the enforcement agency shall be issued to the appropriate…
- § 18866.3 The owner or operator of a park shall abate any nuisance in the park within five days, or within such longer period of time as may be allowed by the…
- § 18866.4 In any action or proceeding to abate a nuisance in a park, proof of any one of the following facts is sufficient for a judgment or order for the abatement of…
- § 18866.5 (a) If any park or portion thereof governed by this part is constructed, altered, converted, used, occupied, or maintained in violation of this part, the…
- § 18866.6 (a) No enforcement agency shall approve any park fronting upon any coastline, shoreline, river, or waterway or upon any lake or reservoir owned in whole or…
CHAPTER 6. Notice of Violations §§ 18867–18869 · 3 sections
- § 18867 (a) (1) If, upon inspection, the enforcement agency determines that a special occupancy park is in violation of any provision of this part, or any rule or…
- § 18868 If the owner or operator of the special occupancy park or the registered owner or occupant of the mobilehome, manufactured home, or recreational vehicle…
- § 18869 The remedies provided by this chapter are cumulative, and shall not be construed to supersede other provisions of law providing sanctions for violators of this…
CHAPTER 7. Permits and Fees §§ 18870–18870.19 · 20 sections
- § 18870 It is unlawful for any person to do any of the following unless he or she has a valid permit issued by the enforcement agency: (a) Construct a park. (b)…
- § 18870.1 Applications for a permit to construct or reconstruct shall be accompanied by: (a) A description of the grounds. (b) Plans and specifications of the proposed…
- § 18870.2 Fees as applicable shall be submitted for permits: (a) Fees for a permit to conduct any construction subject to this part as determined by the schedule of fees…
- § 18870.3 (a) Funds collected by the department pursuant to this part shall be deposited into the Mobilehome Parks and Special Occupancy Parks Revolving Fund established…
- § 18870.4 (a) Except as otherwise provided in subdivision (b), the department by administrative rule and regulation shall establish a schedule of fees relating to all…
- § 18870.5 Any person responsible for obtaining any of the permits required by this chapter, Chapter 8 (commencing with Section 18871), or the regulations adopted…
- § 18870.6 A permit to operate shall be issued by the department following notification by the local enforcement agency of completion of construction of a new park or…
- § 18870.7 A permit to operate shall be issued by the enforcement agency. A copy of each permit to operate shall be forwarded to the department. A permit to operate shall…
- § 18870.8 (a) The enforcement agency shall be notified by the new owner or operator of any park of any change in the name or ownership or possession thereof. The notice…
- § 18870.9 Permits for construction and operation shall be posted in a conspicuous place.
- § 18870.10 All permits as required by this chapter for construction or reconstruction shall automatically expire within six months from the date of issuance thereof in…
- § 18870.11 If any person who holds a permit to operate violates the permit or this part, the permit may be suspended by the enforcement agency. This section does not,…
- § 18870.12 The enforcement agency shall issue and serve upon the permittee a notice setting forth in what respect the provisions of the permit or this code have been…
- § 18870.13 The notice shall be served by posting at least one copy in a conspicuous place on the premises described in the permit, and by sending another copy by…
- § 18870.14 Any permittee receiving a notice issued pursuant to Section 18870.12 may request and shall be granted a hearing on the matter before an authorized…
- § 18870.15 Upon receipt of the petition, the enforcement agency shall set a time and place for the hearing and shall give the petitioner written notice thereof. At the…
- § 18870.16 The hearing shall be commenced not later than 10 days after the day on which such petition was filed. Upon application of the petitioner the enforcement agency…
- § 18870.17 After the hearing the enforcement agency shall sustain, modify, or withdraw the notice, depending upon its findings as to whether the provisions of this part…
- § 18870.18 If the requirements of the notice have not been complied with on or before the expiration of 30 days after the mailing and posting of the notice, the…
- § 18870.19 Upon compliance by the permittee with the provisions of this part and of the notice, and submission of proof thereof to the enforcement agency, the enforcement…
CHAPTER 8. Regulations—General Provisions §§ 18871–18871.11 · 11 sections
- § 18871 It is unlawful for any person to use or cause, or permit to be used for occupancy, any of the following manufactured homes, mobilehomes, park trailers, or…
- § 18871.2 If a manufactured home, mobilehome, or commercial coach is to be installed on a foundation system and located in a park, the installation shall comply with…
- § 18871.3 The department shall propose the adoption of and submit building standards for approval pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5, and…
- § 18871.4 (a) It is unlawful to permit any wastewater, sewage, or waste material from any plumbing fixtures in a park, any park sewage or waste disposal system, or any…
- § 18871.5 (a) No recreational vehicle within a park shall be rented or leased unless it bears a label, an insignia, or an insignia of approval required by Section…
- § 18871.6 The department shall adopt regulations to ensure adequate animal control within parks.
- § 18871.7 In every park there shall be installed and kept burning from sunset to sunrise sufficient artificial light to adequately illuminate every building containing…
- § 18871.8 (a) In every park there shall be a person available to receive by telephonic or like means, including telephones, cellular telephones, telephone answering…
- § 18871.9 Every person who owns or operates an incidental camping area with an attendant on the premises shall keep a register in which shall be entered all of the…
- § 18871.10 The department shall adopt regulations to govern the use and occupancy of manufactured homes, mobilehomes, and recreational vehicles located in special…
- § 18871.11 (a) A camping cabin shall be designed to resist the following live loads: (1) floor live loads not less than 40 pounds per square foot of floor area; (2)…
CHAPTER 9. Lots §§ 18872–18872.2 · 3 sections
- § 18872 Except as provided in Section 18930, the department shall adopt regulations to govern the construction, use, occupancy, and maintenance of parks and lots…
- § 18872.1 (a) Park lot lines shall not be created, moved, shifted, or altered without a permit issued to the park owner or operator by the enforcement agency and the…
- § 18872.2 Except as provided in Section 18930, the department shall adopt regulations to govern lot access and driveways within parks. The regulations shall establish…
CHAPTER 10. Building Construction, Plumbing, Electrical, Fuel Gases, and Fire Protection §§ 18873–18873.5 · 6 sections
- § 18873 The department shall adopt regulations regarding the construction of buildings in parks that it determines are reasonably necessary for the protection of life…
- § 18873.1 The department shall adopt the regulations regarding plumbing in parks that it determines are reasonably necessary for the protection of life and property and…
- § 18873.2 The department shall adopt regulations for toilet, shower, and laundry facilities in parks. The department shall propose and submit building standards for…
- § 18873.3 The department shall adopt regulations regarding electrical wiring, fixtures, and equipment installed in parks that it determines are reasonably necessary for…
- § 18873.4 The department shall adopt regulations regarding fuel gas equipment and installations in parks that it determines are reasonably necessary for the protection…
- § 18873.5 (a) The department shall adopt regulations that it determines are reasonably consistent with generally recognized fire protection standards, governing…
CHAPTER 11. Penalties § 18874 · 1 section
- § 18874 (a) Any person who willfully violates this part, building standards published in the California Building Standards Code relating thereto, or any other…