Earlier this month, a county inspector ordered the owner of Live Oak Springs RV Park in San Diego County, Calif., to halt work and remove upgrades that the county contends are illegal, as East Coast Magazine (ECM) reported on May 15.
But now the owner, Anthony Windle, contends that the county acted improperly. Windle says the inspector relied on a county code but he believes that state law supersedes the local codes and would allow the changes he’s made.
Donna Durckel, the county’s group communications officer for Land Use and Environment, previously told ECM that Windle secured a county permit for replacement of existing electrical pedestals on the RV campground.
She said, “Inspectors found that additional electrical pedestals were installed, which is beyond the scope of his permit. Windle will be required to remove those improvements that were not included in the permit.”
Windle said the park was originally approved back in the 1960s as a 45-site RV park with full hookups for water, sewer and electrical. The site also has a permit for 26-space mobile homes, as county records confirm, ECM has verified.
So even though in recent years it’s been used mainly for short-term vacation stays, Windle told ECM, “I am perfectly within my legal right to repair both properties to their full legal use based on when they were originally approved by the County of San Diego and the state of California.”
He added, “Do you think I’d spend $50,000 to $100,000 if I thought the County would just make me rip it all out?”
Windle states, “The state code allows local authorities to establish zones for mobile home parks. Other than establishing sones for MobileHome parks the local codes do not apply inside a MobileHome park. The county has many invalid zoning ordinances with respect to mobile home parks.”
He points to a civil lawsuit, Santa Cruz vs. Waterhouse, as a precedent affirming the preemptive nature of the Mobile Home Parks Act (MPA).