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I ORDINANCE NO. MC-403
I
i ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION
1119.16.210 SUBSECTION E TO THE SAN BERNARDINO MUNICIPAL CODE TO
i GRANT A NONCONFORMING RIGHT TO LIMITED USE OF AN EXTERNAL ANTENNA
I: FOR MOBILEHOMES IN PARKS ANNEXED INTO THE CORPORATE LIMITS.
:!
:1 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
Ii DO ORDAIN AS FOLLOWS:
,
!
i SECTION 1. Section 19.16.210 Subsection E is added to the
I
II' San Bernardino Municipal Code to read:
"E. For the purposes of this subsection only, a mobilehome
I
I is defined as a building or structure when it is located in a
I
I
II mobilehome park annexed into the corporate limits within five
years before the enactment date of Subsection C hereof (November
20, 1978), and such mobilehome shall be entitled to a limited
nonconforming use of one externally attached television antenna
for a period of ten years after such enactment date."
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on
regular
the
20th day of
, 1984, by the following vote,
August
to wit:
AYES:
Council Members Castaneda, Reilly, Hernandez,
Marks, Quiel, Frazier, Strickler
NAYS:
None
ABSENT:
None
of
, 1984.
The foregoing ordinance is
day
August
Approved as to form:
I /~/f/?~/
I City Attorney
,I
CAUFORNIA CML CODE PROVISIONS ~_1IJ4
NOBILEHOME IlESlDENCY lAW . -t: + i, ?1f'kWJ
(Effective January 1, 1984) I -== .
NOTE: Bold type denotes new sections :;{ I
798 4 Mobilehomo Po,' 798 10 Change of u..
798 6 Park 798. J 1 RnktCnt
7988 R.ntaJ AgrHTMnl 798.12 Tenancy
798 9 Ho..........,
MC-403
INDEX
ArtIcle 1. General
798 Oahon .nd Application of Chapt<<r
798 1 Apphcation of DdinltiOns
798.2 Ma_t
798 3 Mobile""...
ArtIcle 2. Rental Agreement
79S J 5 Required Contents. Writing
79816 IncluSion of Other Prowions
ArtIcle 3. Rules and Regulations
79824 Common Area Facilities; HouTs 01 Operation
798.25 Amendments; Notification to Homeowners
ArtIcle 4. Fees and Cbarges
798.30 Notice 01 Rent Increase
7'98.31 Authorized Fees
798.32 Charges for Unlisted Services; Notice
ArtIcle 5. HomeoWtlet Meetings
798.50 Use 0' Community or Recreation Hells
ArtIcle 6. Termination of Tenancy
798.55 Protection from Actual or Constructive
Eviction, Termination or Refusal to Renew;
Reasons: Notice; Time
798.56 AuthoriZed Reasons for Tenninetion
ArtIcle 7. T..nsfet of MobJlebome
798 70 Advertising
798.71 listing or Showing MobUehome by Park
Owner or Manager, Written Authorization
798 72 Transfer or Selling Fee: Request for Service
798 73 Removal Upon sale to Third Pany; Conditions
79818 Period of Written Agre'eme'nt: Comparable' 79819 Waiver of Rights. Public Policy
Monthl~' Charges for One Year as for 798.20 Discrimination
Month-to-Month T~anCj..' 79822 Recreational Vehicles; Designated Areas
798.26 Righ. of Entry by Ma;:"tmen. 798.28 Name of Mobllehome Park o.m."
798.27 Zoning or UN P~its, ases. NotIfication Disclosure
'" Homeowners
798 33 Pets 798.36 Rule Enforcement Maintenance of
798.34 Guests Premises
798.35 Immediate Family 798.37 En~. Installation or Hookup Fees;
Lan scaping and Maintenance ChArges
798.38 Utility Meter~; Billing; Rate
Schedule
798.51 Management; MeetIngs with Homeowners
798.57 Statement of Reasom in Notice 798.59 Notice by Homeownc:r; lune
79858 Termination to Make' Space for ~ of 79860 Application of Other Laws
Nobilehome from Park Owner ibited
798.74 Prior ~rOVl!li of Purchaser; Grounds for 798.77 Waiver of Rights: Public Policy
Withh 'ng; Infomu~ Homeowner 798.78 Rights/ReS~ititMts of Heir or Joinl
798 75 Sale or Transfer of Mo iJehome to Remain in Tenant of
Park; Required Documents 798.79 Foreclosure of MobiJehome; SaJe to
798.76 Purchaser; Compliance with Adults Only Third Party
Regulation
ArtIcle 8. Actions. Proceedings and Penalties
798,85 Attorney's Fees and Costs 798.86
WlIlfu] VlOIation by Park Owner. Additional
Penalty
ArtIcle 9. Subdivisions. Coope..tI...... and Condominiums
799 Definitions 799.3 Saw to Third Party: Prohibition Against
799 1 Advertising Required RtmK)\I'al
799.2 Listing or Showing MobilehorM by .ownership 799.4 Prior Approval of Purchaser, Grounds for
or MOn&gement: Wnnen Authortzabon Withhokiing
798.87
Public Nuisance
799.5
799.6
Purchaser: Compliance with Adutts Only
Regulation
Waiver of Rights: Public Pobcy
Article 1. General
798 This chapter shall be known and may be cited as the "Mobilehome Residency law." It shall app)y only to a mobilehome that requires a permit to be moved on
I street or highwa!,..'
798.1 Unless the provisions or context otherwise requires. the foDawing definitions shall govern the construction of this chapter
798.2 "Managemenf' means the owner of a mobilehome park or an agent or representative authorized to ad on his behalf in connection with matters relating to a
....ncy in the park
n.elollowl... HetlO. (798.3)....0... operlId.._
~_1. 1984 ....... "- 30. 1984
798.3 "MobiIehome" ~ a structure designed for human habitation and for being IllOYOd on a.... or highway under permit pu"""nf to Section 35790 of !he Vehicle
Code. Mobilehome does not include a recreational vehicle. as defined in Section 799,24 of this code and Section 18010 of the Health and Safety Code or II commercial coach
IS defined in Section 18218 of the Health and Safety Code
n.. "'0_... ..etlo. (798.3) ...... ... operlI_
.,.., 1. 1984
798.3 "Mobilehome" ~ a structure designed for human habitation and for being IllOYOd on . street or highway under permit pursuant 10 Section 35790 of the Vehicle
Code Mobilehome _.d.. . _..._ _.. .. -.. 10 __ 1_7 .. ... ....... ad ....., CMo. _d . ......_. .. -.. ..
-- 1- .'''.II..~ _d So'''' c.d., ... does no' include a rl!Cl'Olltional vehicle. IS defined.. Secoon 799.24 of this code and Section 18010 of !he Health
ond Safety Code or a commercial cooch IS defined in Section 1_1.1 of !he Health and Safety Code
7984. "Mobilehome park" ~ an or.. of land where two or more mobilehome sit.. are ""'ted. or held out for ""'~ to llCCOlIlmodate mobiIehornes used for human
habitalion.
798.6
798.8.
agreement
798.9. "H","""",""," is a person who has a tenancy in . mobiIehome park under I "",tal agreement
798.10. "Change of use" ...... I .... of !he park for I PUfl1050 other than the ..ntal. or !he boiling out lor mlt 01 two or more mobllehome sit.. to accommodate
mobiIehomes used for human habitation. Ind does no. ....n the adoption. """,ndmen~ or ,..J oil pork rule or regulation. II change 01 use may affect an mllre pork or any
portion th...eof "Change of use" includes. bu. ~ not limited to. I change of the park or any portion thereof to I condominium. stock coopemtive, planned unit development or
any form of ownership wh...ein spac.. within the park are to be sold.
798.11. "Ilesidmt" Is I homeowner or other pmon who lawfully occupies I mobiIehome .
798.12. .'T....ncy.. is the right of I homeowner to the use oil site IlIithin I mobiIehome park on which to locate, maintain. and occupy I mobiIehome, site improvetll<llls,
and ICCOS5orj/ structur.. for human habitation. including the use 01 the servic.. Ind facilities of !he park
"Plrk" is I mobiIehome park.
''Rental agreement" ~ an _t between the rnanagemm. and the homeowner ....blishing the tmns and conditions of I park tenancy. II Iuse Is I "",tal
Article 2. Rental Agreement
798.15. The rental agr_t shaD be in writing and shaH contain, in addilion 10 the pIOIIisions oIherwise required by law 10 ... included, all of the IoIIowing
lal The term of the tenancy Ind the mlt therefor.
lbl The rules and regulatio.. of !he parlt
lcl The language of the prt>Yi5ions of th~ chapt.... II copy of the text of th~ chapt... Ittached IS an exhibil shall be deemed to satisfy the requirements 01 this 1OCtion.
-
.
(dl A proWiOn ~fyIng thlllt is 1M responsibility of the management 10 prolilck and maintain ph..,...... trnproyemenb In OM common f.cilitle~ in -...vI worlung ~td~~ .~d
_ MC-403 .-.-- -'.' .
(e) A descnption ~f the 'P"'ysic.al impl"owrTWnts 10 be prov;dlrd tht homeowner during his or htT tenency
(f) A provision listing thOSE' Sfl'Vices wttleh will be prOVIded at the time ~ rentalagreemenllS eucuted and will continue to be offered for the tmn of the lenaney ant' ,a-:o?
Res, if any. to bf charged for thOSE' WlVICes
(gl A .......10. "ada. .... .......... .., ell..... . na.o_~" Ie. .... ......e.. relad.. to I~c .ai.t._ace .. dI. I.... ..4 ........ .... .
fticIt . ..ltu.~o.. .. aft..tn .. .... ...... ~. ~o.eo..., f.u. to ......1. ..cla ...4 or ,....1... I. acc.,4..ce wIt~ .It....... ... ......do-:
.. tit. par. ....er wrtn.. aodftcadoa tG die .......... ... tII. f.U.,. .f tit. ".eowacr to coapl)' ...... .4 ..,.. ft. wria_ aotice...., Ida..
... ......e co..-do. 10 1M COft'edH ... .. .tt.a.c .f tit. c....... to ... ....... It, .......... d tII. Hnk.. an ......... " ..........
_IU .......
(It) All other provisions governing the tenancy
798 16 The re!ltel agreement ma~' include such other proviSIOns permitted by Ia...... but need nOI mclude specific language contained in state or Iotallav.rs nol a part of this
chaple~
79818 (a) A nomeO\loo'ner shall be offered a rental agreement for m a term of 12 months. or (21 a lesser penod as the homeowner may request or :31 a longer period
as mutual1,,; agreed upon by bolh the homeowner and management
(bl No such agreement shall conlaln any terms or conditlon~ with respect to charges for rent. utiiitle~. or incidental reasonable service charges that would be different during
the first 12 months of the agreement from the corresponding tenns or conditions that would be offered 10 the homeowners on a month-to. month basis
798.19 No rental agreement for a mobilehome shaD contam a provision by which the homeowner waives his or her rights under the provisions of Artlcle5 1 to 8. inclUSIve
of this chapter Any such waIver shall be deemed contrary to public policy and void
798.20 Membership in any private dub or organization which is a condilion for tenancy in a park shall not be denied on the basis of race. cokn. rellQlon. sex. national
origin. ancestry. or marital status
798.22 (al In an~' new mobilehome park that is developed after January 1. 1982. mobilehome spaces shall nol be rented for the accommodation of recreational vehicles
as dehned by Section 799.24 unless the mohilehome park has a speCifically designed area withlO the park lor recreational vehicles whIch is separate and apar1 from the area
designated for mohilehomes. Recreational vehicles may be kx:ated only in the specifically designated area
(hI Any new mobilehome park that is developed after January 1, 1982. is not sub,ect to the proviSions of this section until7S percent of the spaces have been rented for the
first time
Article 3. Rules and Regulations
791.24 ue" co..o. .r.. f.cWtJ ....U No ope. or .....U.ble to ....Id.... .t ... r.......... ..0.... ..d dI. ..0.... .f m. co.... ar.. "cUlly
o~aII'" poot.d a' ... focUlty.
798.25 A rule or regulation of the park may be amended 011 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 six months, except for regulations applicable to recreationallactlities which may be amended without his or..... consent upon written notice to him or her of nol
iess than 60 days Written notice 10 a new homeownet. whose tenancy' commences within the required period 01 notice, of a proposed amendment shall constitute compliance
with this section where the written notice is given to him or her before the inception 01 his .r "er tenancy
198.26 (a) Except as provided in subdivision (hi. and notwithstanding any other prOVISion of law to the contrary. the ownership or management of a park. subdivision.
cooperative. or condominium lor mobilehomes shall have no right of entry to a mobilehomt> without the prior u.ninen consent of the r..ld..t. Such consent ma.,.' be revoked
in writing by the rald..t at any time The ownershIp or management shall have a right of entry upon the land upon which. mobilehome is situated for maintenance of utilities.
for maintenance of the premise5 in accordance with the rules and regulations of the park when the homeowner or resident fails to so maintain the premLSe5. and protecnon of the
mobile home park. subdivision. cooperative. or condommium at an',.' reasonable time. but not in a manner or at a time which would mteriere with the r.sld..f. quiet enjoyment
(b) The ownership or management of a park. subdivision. cooperative or condominium for mobilehomes ma~' enter a mobilehome withoutlhe prior \lIrinen consent of the:
...-..,..t in case of an emergency or when the rald..t has abandoned the mobilehome
798.27 tal The management shall give written notice to all homeowners and prospective homeowners concerning the following maners. (1) the nature of the zoning or
use permit under which the mobilehome park operales If the mobilehome park is operating pursuant to a permil sub}ectto a renewal or expiration dale. the relevant infonnation
and dates shall be included in the notice 12l The duraoon of any lease of the mohilehome park. or an~' portion thereof. in which the management is a lessee
rbl If a change occurs concerning the zoning or use pennit under which the park operates or a lease in which the management is a lessee. all homeowners shall be given
Wlinen notice within 30 days of such change Notificanon regarding the change of use of the park. or any' portion thereof. shall be governed by subdivision (f) of Secoon 798.56
It prospective homeowner shall be notined prior to the mception of the tenancy
798.28 The management of a mobilehome park shall dIsclose. in writing. the name of the mobi.lehome park owner upon request of a homeowner
Article 4. Fees and Charges
798.30 The management shall give a homeo\lllT'ler wnnen nonce of any increase in his or her rent at least 60 days berore the date of the Increase
798.31 A homeO\Altler shall not be charged a lee lor other than rent. utilitJ~, and incidental reasonable charges for services actually rendered
198.32 A homeowner shall not be charged a fee for services actuall')! rendered which are not hsled in the rental agreemen: unless ne 01 she has been given written notice
thereof by the management. at least 60 days before imposition 01 the charge
198.33 A homeowner shall not be charged a lee for keeping a pet in the park unless the management actuall'),' provides special facilitie5 or 5eMCes for pets. If special pet
tadJities are maintained by the management the lee charged shall reasonably relate to the cost of maintenance 01 the facilities or seMces and the number of pets kept in the
part..
798.34 C.) 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. Such a guest will not be required to register with the management
~) A "0..0"""0 1.1hU. ale..... ."0 ....... to ."ar. ..,. or ur .0bU."oa. wit" 0.. peno. ..V do .0, ..411 . f.. ....U .ot 1M i.,...d
.., .........t for ..c" penee. S.eII pcnoa ...... k couldcr.d . put of t". "oaeo..a ..411 .." .........t Htwee. tII. "o..o_a ..d ..c~
....... "aU _t eII..,e ~. t..... aM c_tIltio.. .f~. ....tal .......t Htwee. .........t ..41 tII. "o..o...r. Sac" ,e'" ...... co..t, wit"
11M .._Iou of ... ..J.. ..d nplatlo.. of". .o~u.~o.. ......
798.35 A homeowner shall nol 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. his or her spouse. their parents. and their ch~dren
798.36 A homeO\Altler shall not be charged a fee for the enforcement 01 any of the rules and regulations of the park, ..capt. n..o..bl. f.. ..V 1M c~'"
.........t lor tIa. ..I.t....c. of ... ...411 aad "r..lMs .po. ."Ic" tIa. ao"U."o.. Ie "Ia.t.d .. t". .....t dI. lao..o..... f.U. to .. .. ill
ecc:eNa.c. wItIt ... n1.. .d r.....do.. .f tit. ,.n after nit.. .odflcado. to tII. ..0......' ..411 lit. ,aU.,<< of m. "o..o_a to coapt,
wItIda 14 ..,.. TIt. wrtttn aodc. ..... .ut. tit. ...dflc coatlldo. to k conect.. ..d.. ada.t. of tIa. c....... to k _posed'" .........t
If.... MnIca are ....0,........ .........t or Ita ....t.
798.37. A homeowner shall not be charged a fee for the entry. instaIlation, hookup, or landscaping as a condition of tenancy ncept for.. actaaJ fe.., coef
....... " . local fO't'en...t" .......c. M ...aIr....t .w.edy relet" t. tII. occap"cv .f tII. ...dftc .t. .po. ."Ic" dt. .0ltD.lao.. Ie
lecat" ... aot I.carr..... portio. of tII. ......Iop...t., m. .0Wl.It... pul... "01.. Howner. reasonable landscaping and mainlenance requirements
may be Included in 1M park rules and regulations The management shall nol require a homeowner or prospective homeowner to purchase. rent. or lease goods Of services for
landscaping from any person. company. or corporation
798.38 Where the management provides both master meter and submeter service of utitities 10 a homeowner. for each biDing period the cosl of the charges for the period
thaD be separately stated along with the opening and closing readings for his meter. The manogement shall post in a conspicuous place. the prevailing residential utilities rate
_uJe as published by the serving utilily
Article 5. Homeowner Meetings
798.50 The managem~nl shall pennit meetings by homeowners or reaId.... of a mobUehome in the park. or any or all of mem. relating to mobile home living., lIOCIaJ
_ "wcatlo..1 ,..,.,.... 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 consul! with the homeowners. upon IIJrinen request. either individually. collectiVely. or with representatives of a group of
homeowners who have signed a request to be SO represenled on the foJlo\Ning maners.
I"MC;"?~ls)o port. ruIa one! rwguIotion,
(bJ S..r.dards for moinlenanc. 01 :>hysK4limprowmrnlsllllh< POrl<. . ...
lei AddItion. oltmllOn. or -., 01 1eMC'. eqUlpmen. or pllysic.ll irIlpfoVemmls
I Any colll!'CtJW rnHtmg shall bf conducted only .fter notice thereof has bHn given to aU the requesting homeownen 10 days or more before 1M mftting
ArtIc:le 6. Teonln.tlon of Tenancy
798 5S 1111 The legtslarure finds and declares that. because 01 the high cost of ~ng mobileh~. the potential for damagE' resulting therefrom. the requirrments
relating 10 the inmllatJon 01 mobilehomes. Ind the cost ollanclscaping Of lot prcporabon. It is necesslry that the owners of mobile homes occupied within mobiiehomt perks be
ptOYid.d ..,lIr Ih< unlqu, ptOtection from actual or constr\lClNr <ViCtion afforded by Ih< provision> of th~ chapter
no foIIo_. .._0. (7".55(~)) HaD M _.tho Iro.
......." I. 1t14 Gro..~ ~..o St. 1'14
fbJ The manage:ment shall nOI tennm.le or refuse to renew . tenancy. ol;epllor ill reason specified in thlS artide and upon the giVIng of .....nnen notice 10 the honwowner in
the: manner prescribed by Section 1162 of the Code of Civil Procedure. to remove the mobilehome from the park within a period of not leu thlln 60 days. which period shall be
specihed in the notice A copy of this notice shall be sent to the legal owner and TeQlstered owner oftMmob~ehome. if other th~n the homeowner..by United States mail......
1. "p aha noIice to the homeowner. addressed to the 1eg~1 and registered owners at their addresses. as set forth in the registration card specified in Section 18191.5 of
Ih< Heallh and Salety Code
n. ._. .._0. (7".551~1l HoD M _.th.
.IoJ, I. 1'14
(bl The management shall not tenninate or refuse to renev.: a tenancy. except for a reason speci6ed in this article and upon the giving of written notice to the homeowner in
the manner pr25Cribed 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
sprdhed in lire nolie. A copy 01 th~ nolie. shan be ..nlto the legal owner, .. ..R....I. _. 1...5.. 0'''' H..... .... s.fetp CoM. _.JooIor ...014...
_ .....e4 .. Seed.. 11"5.3 .f tt1. Heall. ..4 Saf.ty CoM. and ... registered owner of the mobilehome. if other than the homeowner. by United States mail
within 10 da!,'S aher notice to the homeowner. addressed to the legal owner, eec' jaaJor D........ and ... registered owner at their addresses. as set forth in the registration
card specified in Settion 18091.5 of the Health and Safety Code.
198 56 A tenancy shall be terminated by the management only for one or more of the: following reasons:
(a) fa~ure of the homeowner..........' to comply with a local ordinance or state law or regulation relating to mobilehomes within a reasonable time after the homeowner
receives a notice of noncompliance from the appropriate governmental agency
(b l Conduct by the homeowner .. nsWe.'. upon the park premises. which constitutes a substantial annoyance to other homeowners ... ,......ta.
Ic) Failure of the homeov.mer _ ........, to comply with a reasonable rule or regulation of the park as set forth in the rental agreement or any amendment thereto.
No act or omission of the homeowner... ........., shall constitute such a failure to comply unless and until the management has given the homeowner written notice of the
alleged rule or regulation violation and the homeowner 01 ....Id..' has failed to adhere to the rule or regulation within seven days. However. if a homeowner has been given
a wrinen notice of an alleged violation of the same rule or regulation on three or more occasions within a 12-month period after the homeowner or ....14..' has vioiated that
rule or regulation. no written notice shall be required for a subsequent violation of the same rule or regulation.
Nothing in this subdivision shall relieve the management from its obligation to demonstrate thaI a N1e or regulation has in fact been violated
n. 'oUowl.. ..~..edo. (711.56(d)) ..oD M opor.tho &0.
~....." I. 1'14 G'o.,~ ~..o st. 1114
ldJ Nonpayment of rent. utility charge~. or reasonable inddentZll service charges: provided. that the homeowner shall be given a three-day written notice 10 pa~: the amount
due or to vacate the tenancy_ The three-cia) 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 the same time as the 60 da~'s' notice required for termination of the tenanq.... Payment by the homeowner plior to the expiration of the three-da)' notice
prrlod. or payment by lIrelegaJ owner. as drhned in Section 1'''5.' 01 lire Health and Salety Code. or registered owner. as dehned in Seclion 1.....501 lIrr 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 to the legal owner or
registered owner provided in subdivision {bl of Section 798.55. shall cure a default under this subdivision with respect to such payment The homeowner shall remain hable for
all payments due up until the time the tenancy is vacated Cure of a default of renl utility charges. or reasonable incidental service charges by the legal owner or registered ovmer.
if other than the homeowner. as provided by this subdivision. may not be exercised more than twice during the term of the tenancy
ne .0Uo_. ......edo. (711.561.)l .~ M opor.the
.IoJ, I. 1'14
(dl Nonpa~'I'Tlenl of rent. utility charges. or reasonable incidental service charges: provided. that the homeowner shall be given a three.cia,' written notice to pay the amount
due or 10 vacate 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 the same time as the 60 days' notice required for tennination of the tenancy Payment by the homeowner prior to the expiration of the three-da~' notice
period or paymenl by lIreiegal owner. as drhned in Seclion 18005.8 01 lire Health and Safety Code. .., JooIor "'~old..... ..R...... Seedo. 1...5..1 0'''.
HealD ..4 Safety CM.. or'" regiStered CXlIner. as denned in Section 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 to the legal owner. eac:1I J....r .....014.... ... 6. registered owner provided in subdivision
(bJ of Section 798.55. shall cure a defauJt under this subdivision with respect 10 such payment The homeO'ollTler 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 legal owner..., J...., lie......... or tit. 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
Ie) Condemnation of the park
If) Change of the use of the park or any portion thereof. provided
(1) The management gives the homeowners at least: 15 dilys' written notice that the management will be appearing before a local governmental board. commission. or bod~'
to request permits for a change of use of the mobile home park
{2l Aher 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 months' or more written notice of termination of tenanq.'
If the change of use requires no IocaJ governmental pennits, then notice shaD be given 12 months or more prior to the management's determination thai a change of use will
occur The management in the notice shaD disclose and describe in detail the nature of the change of use
(31 The management gives each proposed homeowner written notice thereof prior to the inception of his or.... tenancy that the management is requesting a change of use
before local governmental bodies or thai a change of use request has been granted.
141 The noliee requiremenl5lor termination oftetlllncy set forth in Section> 798.56 and 798.57 shall be loOowed ij lire proposed change llCtUllny occurs
(5) A notice of a proposed change of use ~n prior to January 1. 1980, which confonns to the requirements in effect at that time shall be valid_ The requirements for a notice
of a proposed changr of .... imposed by ~ subdivision shaD be goyemed by lire law in effect .f lIrr time lIrr nolie. .... iPven.
798.57 The management shaU set forth in a notice of termination. the reason relied upon for the termination with specific facts 10 pennit determination of the date. place.
witnesses. and circumstances concerning that reason. Neither reference to the section number of a subdMsion thereof. nor a recital of the language of this article will constitute
compliance with this section.
198.58 No tetlllncy shaD be lerminated for Ih< purpose 01 making a homeowner', site available Iota person who pun:hased a mobilehome &om Ih< owner ofllrr pork
or his agent.
798.59 A homeowner shaD give written notice to the management of not less than 60 days before vacating his or her tenancy
798.60. The provision> of ~ article shall not affect .ny righls or proceedings set lorth in Chapter41eommencing willr Seclion 11591 ofntle 3 01 Part 3 of lire Codr of
CiIIiI Proudure except as ollretwise ptOYided herrin.
ArtIcle 7. Transfer of Mobllehome
198.70 A homeowner moyodverlise lIr. sale or ..changr 01 his or her mobilehome Of. If not prohibited by Ih< terms of an agreement with lIr. managrmen~ mayodverlise
Ih< ren"l of h~ or her mobile home by displaying a sign in Ih< window 01 tha mobilehornr staling that Ih< mobilehome is lor ..Ie or nellangr or. if not prohibited, lor rent by lIrr
owner oltha mobiIehom. or h~ or her agen. The sign shaD state rhe name. addr.... and telephone number 01 lIrr owner of Ih< mobilehome or h~ or her agent and moy be af
lust 12 inChes in width one! 12 inches in IenglIr
............--.-.........
798 71 Tht mlnagetnml.shan not s.hou.- Of 1st for Slle a .....acNrM..... _ mobiIehome without tmI obtaining the owrwr's\loTi~ ..utho.~ Tbe ;uthoitzatk....~.i ,
JhaIJ sprdfy the Ienm arw.:: cc..nditlons ~rding the showmg or bstng . . .
Nothing In thiS NctIon shall be constru~ as aH<<ting the provtSIons of rhf Huhh and Safety Code governing the bcensing of ......ctve4I ..... iN mobilehom,
....._.. _ ~aIen.
798 72 The managm'lent shall nOI chargf' a ho~owner or his. or her agenl a b'ansfet or selling lee as a condition of I sale of tus mobilehomt lMttun a perk unless th.
.management perfonns a 5eMce in the sale The managemenl will nol perlonn any such MTVice in connection with the sale un~ so reqUaled, in writing. by the homeowner or'
has or her agent
798.73 1M management shall not require 1M removal of a mobiiehome from the pan in the l'Yrnt of its sa&e 10 a tturd party during the term of 1Iw homeowner's rental
-sl'eement However. in the e\lenl of a sale to a third party. in order to upgrade the quality of the park. the management may require that I mobilehome be removed from the
park where
(I) It is less than 10 fee! WIde
lbl h IS more than 20 yeaf5 old. or more than 25 years old if manufactured aher September 15. 1971. and is 20 feet wide or more and the mobile home does nol complywilh
the healti'! and saf~' standards prollided in Sections 18550. 18552. and 18605 of the Health and Safety Code. and the regulations established thereunder
lcl The mobilehome is more than 17 years old. or more than 25 years old if manufactured ah~ September 15. 1971, and is less than 20 feet wide and the mobilehome does
not comply with the construction and safety standard!. under Sections 18550. 18552. and 18605 of the Health and Safety Code. and the regulations established thereunder
(dl It is in a significanu)' rundown condition or in disrepalf, IS determined by the getlmIl condition of the mobiJehome and its acceptabilif1' to the health and safety of the
occupants and 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 management shall bear the burden of demonstrating that the mobile home is in a significantly rundown condition or in disrepair
798,74 The management may require the righl of prior approval of a purchaser of a mobilehome that wiD ~main in the park and that Ihe selling homeolNtler or his or
her agent give notice of the sale to the management before the cJose of sale. Approval cannot be withheld if the purchaser has the financial ability to pay the renl 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 perk. If the
ownership or management rejects a purchaser as a prospective homeowner. the ownership or management shall infonn the selhng homeolNtler in writing of its reasons lor such
..,ectJon
798.75 An escrow. sale. or !nnsfer agreement involving a mobilehome kxated in a park at the time of the sale, where the mobilehome is to remain In the park. shall
conwn a provislon signed by the purchaser SUiting that. '" ..c. .....tm-. he _ ... has agreed to the lenns of a rental agreement. A copy of a fuJJy executed rental agreement
stgMd by ~ti1 the purchaser ..41 pad .......... will satisfy the requirelT\e'nts of this section. In the I!YE'nt the purchaser fails to execute the rental agreement, the purchaser
shall not have any rights 01 tenancy
798 i6 The management may require that a purchaser oi 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 shaD contain a provision by which the purchaser or homeowner waives his or..... rights under this c..pt.. Any such waiver shall
be- deemed contm)' to public policy and shall be void and unenforceable
798 78 An helr or joint tenant .....1'10 ga:ns 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 to sell the mobilehome to a third party in accordance with the provisions of Ihis article. but only if III the homeowner's responsibiliDes and liabilities 10 the
management regarding rent. utilities. and reasonable mainlenance of the mobilehome and its premises whIch have arisen aher the transfer of ownership to the heir or Joint tenant
have been satisfied up until the date the mobilehome is resold
n. 10110_' _1Io. (798.791 ....0 ... o_.d.. &0.
.,....." 1. 1984 IIIroo.. ~... St. 1'14
798.79 Any legal olNtler who has repossessed a mobiJehome located in a mobilehome park shall have the right to sell the mobilehome Within 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 reasonable mainlenance
oi a mobile home and its premises are satisfied by the legal owner until the dale the mobUehome is resold
n. 1000_' _0. (798.79) ..00... o_.dYe
~oIf 1. 1'14
798 79. Any legal o....mer or J..lor 1Ie..older who 'OI'.dOM:. o. ... or .a MCuity .tereat Ia a mobilehome located in a mobile nome park shall have the
righr to sell the mobile home Wlthm the park to a third part)' in accordance with the provisions of this article. but only if aU the homeolNtler's responsibilioes and Iiabllines to the
management regarding ren!. utilines. and reasonable maintenance of a mobilehome and its premises are satished by the 'oredo.I.. creditor dlro.... the date the mobiJehome
is resold
Article 8. Actions, Proceedings. and Penalties
798 85 In any action arising out of the provisions of th15 chapter the prevailing party shall be entitled to reasonable attome~" s fees and costs A part~: shall be deemed a
prNailing party for the purposes of this section if the Judgment is rendered iff his or .... favor or where the litigation 15 dismissed in his or .er favor poor to or during the triaL
unless the parties otherwise agree in the settlement or compromise
798.86 In the event a homeowner or lonner homeowner of a park is the pevailing party in a civil action against the .......e.t to enforce his or .er lights under
the provisions of this chapter. the hOmtCllNner. in addition to damages aHorded by law, may, in the dtscrenon of the coun. be awarded an amount not to exceed five hundred
doDars ($.500J for each willful violation of those prOvisions by the .........t.
798.87 (a) The ..ItR..tiaJ failure of the management to provide and maintain physical improvements in the common facilities in good working order and condition
shall be deemed a public nuisance Notwithstanding the provisions of Section 3491. such a nuisance only may be remedied by a civil action or abatemenl
(h) The ......da1 violation of a mobilehome park ruie' shall be deemed a public nuisance Notwithstanding the provisions of Section 3491. such a nuisance only may be
remedied ~' a ctviI action or abatement
Article 9. Subdivisions, Cooperatives and Condominiums
199 A$ used in this article
(al "Ownership or management" means the ownership or management of a subdivision. cooperative, or condominium for mobilehomes
(bl "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 e:lCMnge of his........ rnobilehome or, if not prohibited by the teTms of an agreement with the management or ownership,
mlY advertise the rental of his..... mobiJehome by displaying a sign in the window of his...~. mobilehome stating that the mobiJehome is for sale or exchange or. if not
prohibit.d. for rent by the owner of the mobiJohome or his _... agent The sign .haD ""Ie the name. addre". and tolephone number of the owner of tho mobilehome or h~
_ ... agent and may be a'loast 12 inches in width and 12 inches in length
799.2. The ownership or managemenl shan not $ha.l.I or list for sale a mobilehome owned by a resident without firs! obtaining the real'..", written autho~tion.
1lte authorization shaJJ specify the terms and conditions regarding the showing or listing.
Nothing contained in th~ section .hall be conslruOd 10 affect the prOllisions of the H_ u" Solalf Code governing the licensing of mobile home salesmen.
799.3. The ownership or management shall not require the removal of a mobilehome from a subdivision. cooperative, or condominium in the ewn! of its sale to! third
party
799.4, The ownership or management may require me right to prior approval of the purchaser of a mobiJehome that will remain in the subdivision, coopercllive. or
condominium for mobiJehomes and that the seHing resident or his ., .. agent give notice of the sale to the ownership or management before the dose of the sale. Approval
cannot be withheld if the purchaser has the financial abiliry 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 residences, he or'" will not comply with the rules and regulations of the subdivision, cooperative, or condominium.
799.5. The ownership or managemenl may reqUire that a purchaser of a mobilehome which will remain in the subdivision. cooperative. or condominium for mobiJehomes.
alIIlIlIy with any rule or regulation limiting residence therein 10 adults only
799.6 No agreement shall contain any provision by which the purchaser waives his iN.er rights under the provisions of this article Any such waiver shall be deemed
contrary to public poticy and void and unenforceable
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