Section 1009 - Permit to Operate-Penalty Fees(a) Permits to operate shall have the following penalty fees applied as applicable: (1) When an application is submitted thirty (30) days after the due date, the permit to operate fees shall be increased an amount equal to ten (10) percent of the established fee.(2) When an application is submitted sixty (60) or more days late, the permit to operate fees shall be increased an amount equal to one hundred (100) percent of the established fee.(3) Any park commencing operation without a valid permit to operate shall pay double the established fees and those fees shall be due upon demand of the enforcement agency.(b) The postmark shall be used to determine the submittal date for imposing annual permit to operate penalty fees prescribed by Health and Safety Code section 18506.(c) Permit to operate penalty fees may be waived by the enforcement agency when a State of Emergency, as defined in this chapter, is declared and a park owner or operator experiences an economic hardship, as defined in this chapter, due to the State of Emergency.(d) The park owner or operator applying for a permit to operate penalty fee waiver shall submit to the enforcement agency all of the following:(1) A written application within one (1) year of the date the State of Emergency was declared. The written application shall include all of the following: (A) The applicant's name, address, phone number, and email (if applicable); and(B) A statement explaining how the State of Emergency has caused an economic hardship that prevents the applicant from paying the annual permit to operate renewal fees by the statutory due date and include details as to why the penalty fee waiver should be approved.(2) Documentation supporting and confirming the applicant's statement of economic hardship required in section (d)(1)(B), above. Such supporting documentation may include, but is not limited to, tenant rent logs and accountings of rent not collected during the State of Emergency.(e) Upon receipt of the written application for penalty fee waiver, the enforcement agency shall do all the following: (1) Confirm the date the State of Emergency was declared.(2) Confirm the applicant's annual permit to operate renewal fee due date and amount of fees owed.(3) Confirm the applicant's request for penalty fee waiver is within one (1) year of the declared State of Emergency.(4) Review the applicant's statements and supporting documents to confirm the following: (A) The conditions of the State of Emergency have in fact imposed an economic hardship on the applicant;(B) Confirm that the State of Emergency has impacted the park residents and tenants' ability to pay rent and the applicant's ability to evict park residents and tenants who do not pay rent.(f) Upon completion of the review of the written application and the supporting information and documents, if the requirements of subsections (d) and (e) above are satisfied, the enforcement agency shall issue a written statement approving the applicant's request within thirty (30) calendar days of receipt of the written application. If the requirements of subsections (d) and (e) above are not satisfied, the enforcement agency shall issue a written statement denying the applicant's request within thirty (30) calendar days of receipt of the written application. The decision by the enforcement agency to waive fees shall be final.Cal. Code Regs. Tit. 25, § 1009
1. Renumbering and amendment of former Section 1016 to Section 1009 filed 8-22-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 36).
2. Amendment filed 11-29-88; operative 12-29-88 (Register 88, No. 52).
3. Amendment of section and NOTE filed 7-6-2004; operative 7-6-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 28).
4. New subsections (c)-(f) and amendment of NOTE filed 6-24-2021 as an emergency; operative 6-24-2021 (Register 2021, No. 26). Emergency expiration extended 60 days pursuant to Executive Order N-40-20 plus an additional 60 days pursuant to Executive Order N-71-20. A Certificate of Compliance must be transmitted to OAL by 4-25-2022 or emergency language will be repealed by operation of law on the following day.
5. New subsections (c)-(f) and amendment of NOTE refiled 4-20-2022 as an emergency; operative 4-26-2022 pursuant to Government Code section 11346.1(d) (Register 2022, No. 16). A Certificate of Compliance must be transmitted to OAL by 7-25-2022 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 4-20-2022 order transmitted to OAL 7-22-2022 and filed 8-30-2022 (Register 2022, No. 35). Note: Authority cited: Sections 18300, 18502.5 and 50402, Health and Safety Code; and Section 11009.5, Government Code. Reference: Sections 18502, 18502.5, 18504 and 18506, Health and Safety Code; and Section 11009.5, Government Code.
1. Renumbering and amendment of former Section 1016 to Section 1009 filed 8-22-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 36).
2. Amendment filed 11-29-88; operative 12-29-88 (Register 88, No. 52).
3. Amendment of section and Notefiled 7-6-2004; operative 7-6-2004 pursuant to Government Code section 11343.4(Register 2004, No. 28).
4. New subsections (c)-(f) and amendment of Note filed 6-24-2021 as an emergency; operative 6/24/2021 (Register 2021, No. 26). Emergency expiration extended 60 days pursuant to Executive Order N-40-20 plus an additional 60 days pursuant to Executive Order N-71-20. A Certificate of Compliance must be transmitted to OAL by 4-25-2022 or emergency language will be repealed by operation of law on the following day.
5. New subsections (c)-(f) and amendment of Note refiled 4-20-2022 as an emergency; operative 4/26/2022 pursuant to Government Code section 11346.1(d) (Register 2022, No. 16). A Certificate of Compliance must be transmitted to OAL by 7-25-2022 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 4-20-2022 order transmitted to OAL 7-22-2022 and filed 8/30/2022 (Register 2022, No. 35).