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HomeMy Public PortalAboutOrdinance 816ORDINANCE NO. 816 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT ASSUMING RESPONSIBILITIES FOR THE ENFORCEMENT OF DIVISION 13, PART 2.1 OF THE CALIFORNIA HEALTH AND SAFETY CODE AND RELATED CALIFORNIA CODE OF REGULATIONS, MOBILEHOME PARKS ACT THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES HEREBY ORDAIN, pursuant to the authority granted in Section 18300(b) of the California Health and Safety Code and Section 1004, Title 25 of the California Code of Regulations, as follows: Section 1. Assumption of Code Enforcement Responsibilities. Upon receiving authorization from the Department of Housing and Community Development of State of California (hereinafter referred to as "HCD") and subject to the acceptance of reasonable conditions of approval, the City of Beaumont (hereinafter referred to as the "City") shall assume responsibility for the enforcement of Division 13, Part 2.1 of the California Health and Safety Code (Sections 18200 through 18700) and related administrative regulations (Title 25 of the California Code of Regulations) (hereinafter collectively referred to as "Mobilehome Parks Act"). Section 2. Delegation of Authority. Responsibility for enforcing the Mobilehome Parks Act, upon its assumption from HCD, is hereby delegated to the City's Department of Building and Safety. Section 3. Statement of Qualifications. In discharging its delegated responsibilities, the City's Department of Building and Safety shall provide qualified personnel in the enforcement of Mobilehome Parks Act. In this regard, the City Building Inspector and Code Enforcement Officers are hereby designated as the Department's authorized representatives for the purpose of enforcing the Mobilehome Parks Act. Section 4. Schedule of Fees and Charges. The fees and charges authorized by the Mobilehome Parks Act, and the Regulations promulgated thereunder, as such fees now exist and may hereafter be amended, are set forth on Exhibit "A", which Exhibit is attached hereto and made a part hereof, and are hereby adopted by this reference. Section 5. Statement of Objectives. 5.1 The statutory program and objectives set forth in the Mobilehome Parks Act are hereby adopted by the City. 5.2 A list of mobilehome parks known to exist within the corporate limits of the City of Beaumont is attached hereto as Exhibit "B" and made a part hereof. 5.3 The City's specific objectives in assuming statutory authority from HCD are to provide for timely and reliable enforcement of the Mobilehome Parks Act regarding use, maintenance, occupancy and condition of property governed by the Act, and to protect public health, safety and welfare. Not later than 30 days from the effective date of assumption of enforcement as specified in Section 6 of this Ordinance, the City shall commence and thereafter diligently enforce the Mobilehome Parks Act as follows: a. Review relevant files maintained by HCD and compare same with records on file with City. b. Assimilate pertinent building standards of the State relevant to mobilehomes. c. Ascertain the status of all operating permits and their relationship to governing statutes. d. Investigate and resolve complaints as the need arises. e. Take all other actions as are deemed appropriate in furtherance of State and local regulations. Section 6. Effective Date of Assumption. The effective date of assumption of enforcement responsibilities from HCD to the City shall be within 30 days following HCD approval of the City's assumption of enforcement responsibilities. Section 7. Transmittal of Ordinance. The City Clerk is hereby instructed to transmit two certified copies of this Ordinance to the Director of HCD and to the Administrative Office of the Division of Codes and Standards within ten (10) days of the date of adoption which, in any event, shall not be later than 30 days before the effective date of assumption of enforcement responsibilities. Section 8. Inspection Capability. The City's capability to undertake mobilehome installation inspections to the satisfaction of HCD is demonstrated as follows: a. The City's Department of Building and Safety has established and operated concerted code enforcement programs since 1912 encompassing systematic enforcement of State Building Regulations, Uniform Housing Code, Abatement of Dangerous Buildings Code, and the Municipal Code. b. The City's Building Inspector has over 12 years of construction inspection experience. c. The City's two Code Enforcement Officers have a total of over 14 years of law enforcement experience. Section 9. Use of Forms. The City hereby adopts and agrees to use all forms furnished by HCD for the purpose of enforcing the Mobilehome Parks Act including the "Application for Permit to Operate" (Section 1004(d), Title 25), the "Permit to Operate" (Section 1004(d), Title 25), and the "Statement of Installation Acceptance" (Section 1004(d), Title 25). Section 10. Permits to Operate and State Fees. The City agrees to send a copy of all Permits to Operate (Section 1004(d), Title 25) and the State Fees the City has collected (Section 1008, Title 25) to the Administrative Office of the Division of Codes and Standards no later than the 15th of the month following the City's issuance of such permits. MOVED, PASSED AND ADOPTED this 20th day of November , 2001. Dated: November 20, 2001 CITY OF BEAUMONT By ROGER BERG, Mayor CERTIFICATION I, Alan C. Kapanicas, duly appointed and qualified City Clerk of the City of Beaumont, do hereby certify that the foregoing is a true and correct copy of Ordinance No. 816 passed and adopted by the City Council of the City of Beaumont at the Regular Adjourned Meeting of the City Council of the City of Beaumont on the _ 20th day of November , 2001, by the following roll call vote: AYES: Mayor Berg, Council Members DeForge, Valdivia,a nd Fox. NOES: None. ABSTAIN: None. ABSENT: Council Member Dressel. Dated: November 21, 2001 (SEAL) CITY OF UMONT By AN C eaumont and the Council S, City Cler -officio Clerk of EXHIBIT "A" The schedules of fees set forth in the following Code Sections are hereby adopted by the City: Health and Safety Code Section 18502 - Fees for Permits. Health and Safety Code Section 18503 - Schedule of Fees for Specified Permits. 25 Cal. Code Regs. Section 1008 - Annual State Fees. 25 Cal. Code Regs. Section 1009 - Permit to Operate - Penalty Fees. 25 Cal. Code Regs. Section 1014 - Amended Permit to Operate Fee. 25 Cal. Code Regs. Section 1020 - Permits (Fees) For Home Installations and Accessory Buildings and Structures. 25 Cal. Code Regs. Section 1022 - Construction and Alteration Permit Fees. 25 Cal. Code Regs. Section 1024 - Building Permit Fees. 25 Cal. Code Regs. Section 1026 - Foundation and Tiedown Systems Plan Fees. 25 Cal. Code Regs. Section 1054 - Excavation and Grading (Permit Fees). 25 Cal. Code Regs. Section 1376 - Fees (For Article 7.5 - Mobilehome and Manufactured Home Earthquake - Resistant Bracing Systems). EXHIBIT 'B" LIST OF MOBILEHOME PARKS No. of Name Address Units 1. Pioneer Mobile Village 1055 E. 6th St. 54 2. Poppy Trailer Park 1451 E. 6th St. 18 3. Trailor Corral 1460 E. 6th St. 25 4. Curry's Mobile Home Park 1490 E. 6th St. 55 5. Modern Trailer Park 927 Edgar Ave 14 6. Country Highlands 1444 Michigan Ave 181 7. Kozy Trailer Park 525 Palm Ave 39 TOTAL UNITS 386