Public Nuisances, Abatement and Injunctions

Substantial violations of park rules may be deemed a public nuisance. Park managers, park residents, and government officials may file civil actions or abatements against a home owner or resident that may be violating a park rule.

Suppose a park resident conducts a business from their manufactured home and park rules prohibit home businesses. The business generates substantial traffic and noise that disturbs other residents.  Home owners complain to the manager. The manager asks the resident to close down the business but the resident refuses to comply with the rule.

The Residency Law allows park managers to seek injunctions to stop individuals violating park rules. Managers may file petitions for court orders to stop ongoing violations. Petitions are filed in the county superior court. Managers must provide proof of the violations. They also must prove that unless the violation is stopped, there will be great harm to the park or other residents.

Park managers may obtain temporary restraining orders when they file petitions for injunctions. If granted by a judge, temporary orders stop violations until the hearing on petitions. Temporary orders remain in effect for fifteen days at most.

Offending residents personally accept petitions for the injunction, the notice of hearing on the petition and the temporary restraining order, if one.  Hearings must be held within fifteen days. If a superior court find clear evidence of violations, it may issue injunctions. Injunctions cannot exceed three years. Park managers may petition for new injunctions three months before one expires.

Civil Code Sections 798.87 & 798.88. This section may be repealed on January 1, 2016.
Copyright - Carl Eric Leivo, Ph.D.
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