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California Civil Code. California
Читать онлайн.Название California Civil Code
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isbn 9785392109821
Автор произведения California
Жанр Юриспруденция, право
Издательство Проспект
799.28. “Occupant” means the owner or operator of a recreational vehicle who has occupied a lot in a park for 30 days or less.
(Repealed and added by Stats. 1992, Ch. 310, Sec. 2. Effective January 1, 1993.)
799.29. “Recreational vehicle” has the same meaning as defined in Section 18010 of the Health and Safety Code.
(Repealed and added by Stats. 1992, Ch. 310, Sec. 2. Effective January 1, 1993.)
799.30. “Recreational vehicle park” or “park” has the same meaning as defined in Section 18862.39 of the Health and Safety Code.
(Amended by Stats. 2004, Ch. 530, Sec. 1. Effective January 1, 2005.)
799.31. “Resident” means a tenant who has occupied a lot in a park for nine months or more.
(Repealed and added by Stats. 1992, Ch. 310, Sec. 2. Effective January 1, 1993.)
799.32. “Tenant” means the owner or operator of a recreational vehicle who has occupied a lot in a park for more than 30 consecutive days.
(Added by Stats. 1992, Ch. 310, Sec. 2. Effective January 1, 1993.)
ARTICLE 2. General Provisions [799.40 — 799.46]
(Article 2 added by Stats. 1992, Ch. 310, Sec. 2.)
799.40. The rights created by this chapter shall be cumulative and in addition to any other legal rights the management of a park may have against a defaulting occupant, tenant, or resident, or that an occupant, tenant, or resident may have against the management of a park.
(Added by Stats. 1992, Ch. 310, Sec. 2. Effective January 1, 1993.)
799.41. Nothing in this chapter shall apply to a mobilehome as defined in Section 18008 of the Health and Safety Code or to a manufactured home as defined in Section 18007 of the Health and Safety Code.
(Added by Stats. 1992, Ch. 310, Sec. 2. Effective January 1, 1993.)
799.42. No occupant registration agreement or tenant rental agreement shall contain a provision by which the occupant or tenant waives his or her rights under the provisions of this chapter, and any waiver of these rights shall be deemed contrary to public policy and void.
(Added by Stats. 1992, Ch. 310, Sec. 2. Effective January 1, 1993.)
799.43. The registration agreement between a park and an occupant thereof shall be in writing and shall contain, in addition to the provisions otherwise required by law to be included, the term of the occupancy and the rent therefor, the fees, if any, to be charged for services which will be provided by the park, and a statement of the grounds for which a defaulting occupant’s recreational vehicle may be removed as specified in Section 799.22 without a judicial hearing after the service of a 72-hour notice pursuant to this chapter and the telephone number of the local traffic law enforcement agency.
(Added by Stats. 1992, Ch. 310, Sec. 2. Effective January 1, 1993.)
799.44. At the time of registration, an occupant shall be given a copy of the rules and regulations of the park.
(Added by Stats. 1992, Ch. 310, Sec. 2. Effective January 1, 1993.)
799.45. The management may offer a rental agreement to an occupant of the park who intends to remain in the park for a period in excess of 30 consecutive days.
(Repealed and added by Stats. 1992, Ch. 310, Sec. 2. Effective January 1, 1993.)
799.46. At the entry to a recreational vehicle park, or within the separate designated section for recreational vehicles within a mobilehome park, there shall be displayed in plain view on the property a sign indicating that the recreational vehicle may be removed from the premises for the reasons specified in Sections 799.22 and 1866 and containing the telephone number of the local traffic law enforcement agency. Nothing in this section shall prevent management from additionally displaying the sign in other locations within the park.
(Amended by Stats. 2004, Ch. 530, Sec. 2. Effective January 1, 2005.)
ARTICLE 3. Defaulting Occupants [799.55 — 799.59]
(Article 3 added by Stats. 1992, Ch. 310, Sec. 2.)
799.55. Except as provided in subdivision (b) of Section 1866, as a prerequisite to the right of management to have a defaulting occupant’s recreational vehicle removed from the lot which is the subject of the registration agreement between the park and the occupant pursuant to Section 799.57, the management shall serve a 72-hour written notice as prescribed in Section 799.56. A defaulting occupant may correct his or her payment deficiency within the 72-hour period during normal business hours.
(Amended by Stats. 2004, Ch. 530, Sec. 3. Effective January 1, 2005.)
799.56. (a) The 72-hour written notice shall be served by delivering a copy to the defaulting occupant personally or to a person of suitable age and discretion who is occupying the recreational vehicle located on the lot. In the latter event, a copy of the notice shall also be affixed in a conspicuous place on the recreational vehicle and shall be sent through the mail addressed to the occupant at the place where the property is located and, if available, any other address which the occupant has provided to management in the registration agreement. Delivery of the 72-hour notice to a defaulting occupant who is incapable of removing the occupant’s recreational vehicle from the park because of a physical incapacity shall not be sufficient to satisfy the requirements of this section.
(b) In the event that the defaulting occupant is incapable of removing the occupant’s recreational vehicle from the park because of a physical incapacity or because the recreational vehicle is not motorized and cannot be moved by the occupant’s vehicle, the default shall be cured within 72 hours, but the date to quit shall be no less than seven days after service of the notice.
(c) The management shall also serve a copy of the notice to the city police if the park is located in a city, or, if the park is located in an unincorporated area, to the county sheriff.
(Added by Stats. 1992, Ch. 310, Sec. 2. Effective January 1, 1993.)
799.57. The written 72-hour notice shall state that if the defaulting occupant does not remove the recreational vehicle from the premises of the park within 72 hours after receipt of the notice, the management has authority pursuant to Section 799.58 to have the recreational vehicle removed from the lot to the nearest secured storage facility.
(Added by Stats. 1992, Ch. 310, Sec. 2. Effective January 1, 1993.)
799.58. Subsequent to serving a copy of the notice specified in this article to the city police or county sheriff, whichever is appropriate, and after the expiration of 72 hours following service of the notice on the defaulting occupant, the police or sheriff, shall remove or cause to be removed any person in the recreational vehicle. The management may then remove or cause the removal of a defaulting occupant’s recreational vehicle parked on the premises of the park to the nearest secured storage facility. The notice shall be void seven days after the date of service of the notice.
(Added by Stats. 1992, Ch. 310, Sec. 2. Effective January 1, 1993.)
799.59. When the management removes or causes the removal of a defaulting occupant’s recreational vehicle, the management and the individual or entity that removes the recreational vehicle shall exercise reasonable and ordinary care in removing the recreational vehicle to the storage area.
(Added by Stats. 1992, Ch. 310, Sec. 2. Effective January 1, 1993.)
ARTICLE 4. Defaulting Tenants [799.65 — 799.67]
(Article 4 added by Stats. 1992, Ch. 310, Sec. 2.)
799.65. The management may terminate the tenancy of a defaulting tenant for nonpayment of rent, utilities, or reasonable incidental service charges, provided the amount due shall have been unpaid for a period of five days from its due