Factory-built HousingPenalties

Section § 19997

Explanation

This law explains the penalties for violating building standards related to factory-built housing. Offenders can face a misdemeanor charge, with a possible fine of up to $1,000 and/or up to 30 days in jail. It also outlines civil penalties ranging from $250 to $2,000 for certain violations, considering factors like multiple violations, repeat offenses, bad faith, seriousness, or if the victim is a senior, veteran, or person with disabilities.

No single citation can exceed $10,000 if there are multiple violations related to the same facility or client. Penalties for each violation must be listed separately. The same appeal procedures apply as in another related law, and other legal remedies can still be pursued.

(a)CA Health & Safety Code § 19997(a) Any person who violates any of the provisions of this part, a building standard published in the State Building Standards Code relating to factory-built housing, or any other rules or regulations adopted pursuant to this part is guilty of a misdemeanor, punishable by a fine not exceeding one thousand dollars ($1,000) or by imprisonment not exceeding 30 days, or by both that fine and imprisonment.
(b)Copy CA Health & Safety Code § 19997(b)
(1)Copy CA Health & Safety Code § 19997(b)(1) For violations of Section 19980, 19991.3, or 19991.4, the department shall assess civil penalties in a range between two hundred fifty dollars ($250) and two thousand dollars ($2,000). When determining the amount of the assessed civil penalty, the department shall take into consideration whether one or more of the following or similar circumstances apply:
(A)CA Health & Safety Code § 19997(b)(1)(A) The citation includes multiple violations.
(B)CA Health & Safety Code § 19997(b)(1)(B) The cited person has a history of violations of the same or similar provisions of this part and the regulations promulgated under this part.
(C)CA Health & Safety Code § 19997(b)(1)(C) In the judgment of the department, the person has exhibited bad faith or a conflict of interest.
(D)CA Health & Safety Code § 19997(b)(1)(D) In the judgment of the department, the violation is serious or harmful.
(E)CA Health & Safety Code § 19997(b)(1)(E) The citation involves a violation perpetrated against a senior citizen, veteran, or person with disabilities.
(F)CA Health & Safety Code § 19997(b)(1)(F) There is exculpatory evidence that, in the judgment of the department, is material to the elements of the current violation for which the citation is being issued and is significantly related to the degree of fault.
(2)CA Health & Safety Code § 19997(b)(2) If a citation lists more than one violation and each of the violations relates to the same manufacturing facility or client, the total penalty assessment in each citation shall not exceed ten thousand dollars ($10,000).
(3)CA Health & Safety Code § 19997(b)(3) If a citation lists more than one violation, the amount of assessed civil penalty shall be stated separately for each section violated.
(4)CA Health & Safety Code § 19997(b)(4) Appeals procedures shall be the same as those provided under subdivisions (c) to (e), inclusive, of Section 18021.7.
(c)CA Health & Safety Code § 19997(c) Nothing in this section is intended to preclude remedies available under other provisions of law.
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