Health and Safety Codes
California Health and Safety Code §18603
On Friday, September 16, 2016 from 1:00 PM to 4:00 PM the MHPHOA watched the Live Stream of the Senate Hearing on “Improving Safety and Reducing Crime in Mobilehome Parks through Education and Licensure of Property Managers”. We wish to thank Senator Connie M. Leyva and staff for holding this hearing and we are especially grateful that this event was broadcast via live stream on YouTube.
Senate Hearing – Education and Licensure of Property Managers
MHPHOA Position
The MHPHOA’s position on this issue is that before you focus on Licensure of Property Managers, you first need to address the fact that a growing percentage of California mobile home parks are without property managers. This is mostly due to a loophole in the California Health and Safety Code (HSC) §18603(a) that allows owners of mobile home parks with more than fifty (50) spaces to elect a resident as the management "designee" instead of having a qualified manager on the premises. California Health and Safety Code §18603(a) reads as follows...
18603. (a)
In every park there shall be a person available by telephonic or like means, including telephones, cellular phones, telephone answering machines, answering services or pagers, or in person who shall be responsible for, and who shall reasonably respond in a timely manner to emergencies concerning, the operation and maintenance of the park. In every park with 50 or more units, that person or his or her designee shall reside in the park, have knowledge of emergency procedures relative to utility systems and common facilities under the ownership and control of the owner of the park, and shall be familiar with the emergency preparedness plans for the park.
California Health and Safety Code Section 18603
Kort & Scott Pay $57,000,000
Largest Mobile Home Park Settlement Ever
Fri, Nov 22, 2019 – Kabateck LLP attorneys representing hundreds of low-income mobile home residents in Long Beach, California secured a nearly $57 million settlement, which is the largest settlement ever involving a mobile home park.
Project 97
Kort & Scott Financial Group (KSFG) aka Sierra Corporate Management (SCM) violate this HSC 18603(a) without recourse. Some KSFG/SCM parks are without "official managers" and MAY have "designees" or there is a "Regional Manager" that stops in occasionally. For the most part, the residents are left to fend for themselves and are instructed by SCM to call local law enforcement if they have problems in the park. Would you like to see what happens to a mobile home park when management is not around and/or fails to enforce the park's Rules and Regulations? Read the 1999 Project 97 Abstract about Country Club Village, a mobile home park owned by KSFG in Mesa, Arizona.
Project 97 Abstract
In recent years, a large mobile home park known as Country Club Village, located in Mesa, Arizona, has attained the dubious honor of having more police related calls for service than any other address in the city. The Mesa Police Department's Falcon District Community Action Team collaborated with city entities and community members in an operation known as Project 97. The project's goal was to reduce the amount of police related calls for service and improve the quality of life in the community.
Project 97 was created in an attempt to drastically reduce crime and increase the quality of life within the 496 unit mobile home park which is home to 1600-1800 residents. A history of calls for service beginning January 1, 1998 through June 30, 1998 revealed a diverse array of crime related calls. Specifically, a majority of the calls were residential thefts, subjects disturbing, criminal damage, graffiti, and drug related calls. A majority of the less serious calls for service were 911 hangups, illegal parking, dogs at large, and various city code violations. An initial survey was given to all residents inquiring about the perception of crime and living conditions. The survey revealed that community members had become disillusioned and felt paralyzed by the scope of their situation.
Mesa Police Department – Project 97
KSFG/SCM have a history (25+ years) of these types of business practices of not having qualified park managers living on site and allowing the residents to do as they wish. The willful lack of enforcement by park management of the mobile home park's own Rules and Regulations leads to a plethora of Health and Safety Code violations including but not limited to the park owner's Failure to Maintain the mobile home park.
Lawsuits Against Kort & Scott Financial Group DBAs
Country Club Village
1997 – Thriving Mobile Home Community
2016 – For Sale at 64% Occupancy
In Summary
No State Licensure can be effectively mandated until the underlying issues are first addressed. California Health and Safety Code §18603(a) must be amended. Removing “or his or her designee” would alleviate many challenges in this area. All mobile home parks with fifty (50) or more spaces MUST have a qualified manager who resides in the park and is responsible for the day to day management of the facilities.
The MHPHOA suggest California Health and Safety Code §18603(a) be amended to read as follows...
18603. (a)
In every park there shall be a person available by telephonic or like means, including telephones, cellular phones, telephone answering machines, answering services or pagers, or in person who shall be responsible for, and who shall reasonably respond in a timely manner, not to exceed fifteen (15) minutes, to emergencies concerning, the operation and maintenance of the park. In every park with 50 or more units, that personor his or her designee, a qualified park manager, shall reside in the park, have knowledge of emergency procedures relative to utility systems and common facilities under the ownership and control of the owner of the park, and shall be familiar with the emergency preparedness plans for the park.
Current Penalties for Willful Violation(s) of HSC §18603
18700.
Any person who willfully violates this part, building standards published in the State Building Standards Code relating thereto, or any other rules or regulations adopted by the department pursuant to this part is guilty of a misdemeanor, punishable by a fine not exceeding four hundred dollars ($400) or by imprisonment not exceeding 30 days, or by both such fine and imprisonment.
Any permitholder who willfully violates this part, building standards published in the State Building Standards Code relating thereto, or any other rules or regulations adopted by the department pursuant to this part shall be subject to suspension or revocation of his or her permit to operate.
Any person who willfully violates this part, building standards published in the State Building Standards Code relating thereto, or any other rules or regulations adopted by the department pursuant to this part, shall be liable for a civil penalty of five hundred dollars ($500) for each violation or for each day of a continuing violation. The enforcement agency shall institute or maintain an action in the appropriate court to collect any civil penalty arising under this section.
California Health and Safety Code Section 18700
Suggested Penalties for Willful Violation(s) of HSC §18603
The monetary penalties for violating this California Health and Safety Code §18603(a) should be significant as it is an unreasonable risk to life, health, or safety. Without significant penalties imposed, predatory and unscrupulous park owners will continue to exploit this HSC loophole as it is a cost of doing business. It is a lot less expensive to pay the measly HCD fines for not having a manager on site than it is to pay the salary of a full time park manager.
Strike 1 – First Violation
If this is a first violation, a minimum five-thousand dollar ($5,000) fine should be imposed and a minimum five-hundred dollar ($500) fine per day for each day the mobile home park is without a qualified manager from the abatement date provided in the 30 day notice of violation.
Strike 2 – Second Violation
If this is a second violation within any three (3) year period, a minimum ten-thousand dollar ($10,000) fine should be imposed and a minimum one-thousand dollar ($1,000) fine per day for each day the mobile home park is without a qualified manager from the abatement date provided in the 30 day notice of violation.
Strike 3 – Third Violation
If this is a third violation within any five (5) year period, a minimum twenty-five-thousand dollar ($25,000) fine should be imposed and a minimum two-thousand-five-hundred dollar ($2,500) fine per day for each day the mobile home park is without a qualified manager from the abatement date provided in the 30 day notice of violation. The PTO (Permit to Operate) should be suspended and the park owners held accountable for their willful violation(s) of California Health and Safety Code §18603 – this should entail felony criminal charges (no wobblers) for ALL culpable individuals.
HCD Activity Report
On Fri, Dec 4, 2015, the Department of Housing and Community Development issued a violation to Sierra Mobile Home Park, a Senior Park (55+) with 74 spaces in Santa Clarita, California for not having a park manager residing on site. This mobile home park is owned by a Kort & Scott Financial Group (KSFG) DBA and managed by Sierra Corporate Management (SCM).
Enforcement of Penalties for Willful Violation(s) of HSC §18603
Enforcement of the California Health and Safety Codes by the California Department of Housing and Community Development (HCD) appears to be passive for the most part. Residents must submit complaints via official channels before HCD will enforce the codes it is responsible for – this must change. HCD should be proactive in their approach to enforcing the laws it has jurisdiction over.
HCD should be proactively involved in the ongoing inspections of California's mobile home parks on an aggressive and unannounced schedule. HCD should focus first on a select group of corporate owned mobile home parks since this is where a majority of the violations and challenges appear to be present. The MHPHOA would be honored to provide the HCD with a list of KSFG owned mobile home parks that it can focus its diligent efforts on first.
It should be noted that the Business, Consumer Services and Housing Agency (BCSH), the state agency that oversees the HCD, should enforce the penalties that can be imposed upon the HCD for not performing due diligence in its responsibilities to enforce the codes it has jurisdiction over. The MHPHOA have been asked by many mobile home park residents about how do they register formal complaints against the HCD.
Why would mobile home residents want to file a formal complaint against the HCD? The MHPHOA have documentation of mobile home park Health and Safety issues being “swept under the rug” (OK to Close Complaint) by a select group of HCD personnel e.g. Field Inspectors and Field Supervisors. This type of state agency practice, by state employees, places the residents at an increased risk of Health and Safety issues by allowing the violations to go unabated and potentially becoming the grounds for a Failure to Maintain (FTM) lawsuit against the park owner(s).
Reference Friendly Village Mobile Home Park in Long Beach, California, a KSFG DBA owned property that is currently experiencing that which is described above.
HCD Complaint Form
- Step 1: Provide Contact Information
- Step 2: Select Mobile Home Park from List
- Step 3: Provide the Complaint Details
Complaint Assistance: If you require help with your mobile home park complaint submission, contact your HOA representative or you can contact the MHPHOA and we'll direct you to a representative for assistance.