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HomeMy WebLinkAbout231 - Ordinances ORDINANCE NO. 231 AN ORDINANCE OF THE CITY OF RANCH0 CUCAHONGA, CALIFORNIA, AHENDING CHAPTER 8.10 OF THE RANCRO CUCAHONGA HUNICIPAL CODE, PROVIDING FOR AN ANNUAL MAXIMUM RENT ADJUSTMENT, AND DECLARING THE Ui~ENC¥ THEREOF The City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION 1: Chapter 8.10 of the Rancho Cucamonga Municipal Code is hereby amended to read as follows: ClMpter 8.1 Mobile Rome Park Annual Maximum Rent Adiustment: The Sections to be included will be as follows: 8.10.010 Findings, Purpose and Intent. 8.10.020 Definitions 8.10.030 Applicability 8.10.040 Mobile Rome Park Registration 8.10.050 Mobile Rome Park Tenants Committees 8.10.060 Rent Adjustment 8.10.070 Responsibilities of Park Owner 8.10.080 Enforcement 8.10.190 Retaliation 8.10.100 Severability 8.10.110 Termination SECTION 8.10.010 FINDINGS, PURPOSE AND INTEFr There exists within the City of Rancho Cucamonga and the surrounding areas a serious shortage of mobile home rental space, which has resulted in low vacancy rates and rising space rents. Further, because of the high cost of moving mobile homes, the potential for damage resulting therefrom, the requirements relating to the installation of mobile homes, including permits, landscaping, and site preparation, the lack of alternative home sites for mobile home residences and the substantial investment of mobile home owners in such homes, there exists a virtual monopoly in the rental of mobile home park spaces. Accordingly, the City Council finds and declares that it is necessary to protect the residents of mobile homes from unreasonable space rent increases, while at the same time recognizes the need of mobile home park owners to receive a just and reasonable income sufficient to cover the costs of repairs, maintenance, insurance, employee services, additional amenities and other operations. Further, the City Council finds that decisions of a rent stabilization board or similar decision making body do not necessarily fulfill the intent of protecting mobile home residents from unreasonable space rent increases nor do those decisions always provide owners with the opportunity for a just and reasonable income sufficient to operate a mobile home park. The City Council also finds that concerns among residents and owners of mobile home parks over rent increases and other park related situation can often be best resolved between the two parties, providing there exists the incentive for both parties to negotiate in good faith and reach agreement. The intent of this chapter, then, is to protect mobile home park residents from unreasonable space rent increases, while providing an incentive to both park owners and residents to negotiate future rental contracts in good faith and to reach agreement therefrom. SECTION 8.10.020 DEFINITIONS 1. '~ommittee" shall mean the mobile home park tenants committee created in each mobile home park and established by this ordinance. 2. "Concern" shall mean that situation occurring within a mobile home park which is determined to disadvantage a majority of the park tenants or property. Ordinance No. 231 Page 2 3. '~onsumer Price Index" shall mean the Cons,-~er Price Index for Urban Wage Earners and Clerical Workers (CPI-W) published for the Los Angeles-Long Beach-Anaheim area by the Department of Labor Statistics. 4. "Mobile Eome" shall mean a vehicle, other than a motor vehicle or recreational vehicle, designed or used for human habitation. 5. "Mobile Home Park" shall mean any area of land within the City of Rancho Cucamonga where two or more mobile home spaces are rented, or held out for rent, to accommodate mobile homes used for human habitation. 6. "Mobile Home Space" shall mean the site within a mobile home park intended, designed, or used for the location or accommodation of a mobile home and any accessory structures or appurtenances attached thereto or used in conjunction therewith, or the location or accommodation of a recreational vehicle. ?. "Owner" shall mean the owner or operator of a mobile home park or an agent or representative authorized to act on said owner's or operator's behalf in connection with the maintenance or operation of such park. 8. '~ent" shall mean the consideration, including services, amenities, and benefits in connection with the use and occupancy of a mobile home space. 9. 'Tenant" shall mean any person entitled to occupy a mobile home dwelling unit pursuant to ownership thereof or rental or lease arrangement with the owner of the subject dwelling unit. SECTION 8.10.030 APPLICABILITY 1. The provisions of this Ordinance shall apply to any mobile home park and mobile home space within the City of Rancho Cucamonga. 2. Section 8.10.060 of this Ordinance shall not apply to tenancies covered by leases or contracts, at the effective date of this chapter, which provide for more than a month-to-month tenancy, but only for the duration of such lease or contract. Upon the expiration or other termination of any such lease or contract, all provisions of this chapter shall immediately be applicable to the tenancy. 3. None of the provisions of this Ordinance shall preclude a mobile home park tenant from entering into a written lease or contract with the park owner. SECTION 8.10.040 MOBILE NOME PARK REGISTRATION Within sixty (60) days of the effective date of this chapter, all park owners subject to the provisions of this chapter shall be required to file with the City Clerk a rent Registration Statement for each rental unit affected by this chapter. The City Clerk shall devise such registration forms so as to call for information necessary to carry out the purposes and policies of this chapter, and shall mail such forms to all mobile home park owners in the City in sufficient time as to allow such park owners to file their Registration Statements within sixty (60) days of adoption of this chapter. The City Clerk shall forward a certified copy of the registration statement to the tenants committee. All rental units shall be registered annually thereafter. No rent increases permitted under this chapter shall be allowed to park owners who have failed to properly register all mobile home spaces. Ordinance No. 231 Page 3 SECTION 8.10.050 MOBILE HOME TENANTS C0M~ilTTEES I. Creation of: Within sixty (60) days of the effective date of this chapter, each mobile home park within the City shall create, by special election of the park residents, a five-member tenants committee. The City Clerk shall call for and schedule such special election for each park at an appropriate time when such election may be held. Residents shall notify the City Clerk as to their intent of special election, and submit a listing of committee nominees. Each park resident may cast up to five (5) votes, but shall not cast more than one (1) vote for each nominee. Those five nominees receiving the most votes shall be elected to the tenants committee. A representative of the City shall be in attendance at the special election to conduct the election proceedings and to verify the election results upon completion of the ballot caucus. The City representative shall not vote or influence any vote. 2. Powers and Duties of: Except as otherwise provided by law, the tenants' committee shall have the following powers and duties: (a) Meet to discuss problems and concerns within the mobile home park and when necessary to recommend further action on such problems and concerns. (b) Inform all residents of the park as to developments of proposed rent increases and other park concerns. (c) Negotiate with the park owner in order to resolve tenant concerns. (d) Elect one of its members to serve as chairman, one to serve as vice-chairman, and one to serve as secretary. The chairman shall preside at all committee meetings and shall exercise general supervision of the affairs and activities of the committee. The vice-chairman shall assume the duties and powers of the chairman in the event of the chairman's absence. The secretary shall record and maintain all minutes of actions and meetings for the committee. (e) Any action of the committee shall require affirmative votes of not less than a quorum, except that less than a quorum may adjourn a meeting sine die or to a specified time and place. A quorum shall consist of a majority of the members not counting vacant positions. (f) The committee shall prepare specific guidelines for the election of alternate committee members to fill vacancies, and the length of terms for all committee members and officers. SECTION 8.10.060 RENT ADJUSTMENT 1. Advance Notice of: At least sixty (60) days prior to the effective date of a rental adjustment, the park owner or representative shall serve all mobile home residences, either personally or by mail, with notice of the proposed adjustment in accordance with State law. Said notice shall also include the recent consumer price index as established by the City Manager. Within three (3) days of notice to park tenants of a rent adjustment, the park owner or representative shall provide the City Clerk with the following information: (a) The effective date of the noticed adjustment. (b) Identification of the tenants or mobile home spaces affected. Ordinance No. 231 Page 4 (c) The amount of the rent prior to the effective date of the notice for each of those mobile home spaces. (d) The amount of the increase (in dollars) for each of those mobile home spaces. (e)The quantity and identity of tenants or spaces under lease or contract, 2. Period of: No rental adjustment shall be noticed or permitted or enforced more frequently than once every 365 days per mobile home park. 3. Maxima Allowable Adiustment: Once each year, park owners shall be permitted to charge rents in excess of that which they are lawfully charging during the previous year based upon the Consumer Price Index as established by the City Manager. The first annual adjustment permitted hereunder will be based upon the percent change in the Consumer Price Index from August 1983 to July 1984. Monthly, beginning on the effective date of this chapter the City Manager shall determine the most recent published consumer price index. The City Clerk shall record the latest published consumer Price Index and shall notify each park owner of such upon request. Computation of rent increases allowable under this section shall be according to the following formula: Multiply the base rent and the maximum allowable percentage rent adjustment provided thereunder, and add the prorata share of additional rent. The resulting figure, rounded off to the nearest dollar, is the maximum allowable rent which may be granted to park owners under this chapter. Additional rent, above that established by the Consumer Price Index, shall be granted to park owners in the event of increases in taxes, assessments or levies (such as increases in ad valorem real property taxes) imposed by local, state or federal government entities, or in the event of need for repairs caused by circumstances other than ordinary wear and tear not covered under an insurance policy. Such additional adjustments shall be computed on a prorata share for each mobile home space. SECTION 8.10.070 RESPONSIBILITIES OF PARK OWNm~ 1. Park Services: It is the responsibility of the park owner to provide and maintain the physical improvements and the common facilities of the Park in good working order and condition, and in doing so comply with the requirements as set forth in the Mobile Home Residency Law. No park owner shall allow a reduction or elimination of any service in a mobile home park or to any tenant within any mobile home park unless and until a proportionate share of the cost savings resulting from such reduction or elimination is passed on to the tenants in the form of a decrease in rent. 2. Meeting with Tenants: The park owner shall meet upon reasonable notice with the tenant committee as required by the Mobile Home Residency Law. It shall be presumed that the intent of good faith negotiation as established under this chapter shall be practiced by the park owner and tenants committee in attempting to reach agreement and resolve tenant concerns. Ordinance No. 231 Page 5 SECTION 8.10.080 ENFORCEI4ENT 1. Any tenant or park owner aggrieved by the willful violation of any of the provisions of this chapter may sue thereon and recover actual damages therefor, plus a civil penalty as provided herein. Any park owner or representative who demands, accepts, receives or retains any payment of space rent in excess of the maximum lawful space rent, in violation of the provision of this chapter or any rule, regulation or order hereunder promulgated, shall be liable as hereinafter provided to the tenant from who such payments are demanded, accepted, received or retained, for damages as a civil penalty in an amount of five-hundred dollars ($500.00) or three (3) times the amount by which the payment so demanded, accepted received or retained exceeds the maximum lawful space rent, whichever is the greater. The park owner is also liable to the tenant for any such payments actually collected and refunded, if any, plus interest from the date received, reasonable attorney's fees, and costs as determined by the court. 2. The fact of any willful violation of this chapter may be used by the aggrieved tenant as a defense to any action for unlawful detainer based on non-payment of rent. The park owner may use the fact of any willful violation of this chapter as a defense to recover any rent due under this chapter. 3. Any willful violation of this chapter shall be a misdemeanor and shall be punishable by a fine of not more than five-hundred dollars ($500.00) or by imprisonment in the County jail for a period not exceeding six (6) months or by both such fine and imprisonment. Each continuing day of violation shall be deemed to be a separate violation. SECTION 8.10.090 RETALIATION It is unlawful for the management or any owner of any mobile home park to harass, evict, retaliate against or otherwise discriminate against any retaliation against a person who has opposed any practice believed unlawful under this chapter, has informed law enforcement agencies of practice believed unlawful under this chapter, has asserted any rights under this chapter, or has petitioned, testified or attested in any proceeding under this chapter. SECTION 8.10.100 SEV~RABILITY If any provision or clause of this chapter or the application thereof to any person or circumstance is held to be unconstitutional or to be otherwise invalidated by a final judgement of any court of competent jurisdiction, such invalidity shall not affect other provisions or clauses or applications thereof which can be implemented without the invalid provision or clause or application, and to this end, the provisions and clauses of this chapter are declared to be severable. SECTION 8.10.110 TERMINATION Unless extended by action of the City Council, the Ordinance shall terminate and have no force and effect after November 21, 1984. SECTION 2: This Ordinance is hereby declared to be an urgency measure, and it shall take effect immediately upon its adoption. SECTION 3: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once in The Daily Report, a newspaper of general circulation published in the City of Ontario, California, and circulated in the. City of Rancho Cucamonga, California. Ordinance No. 231 Page 6 PASSED, APPROVED, and ADOPTED this 5th day of September, 1984. AYES: Buquet, Mikels, Dahl, King NOES: Wright ABSENT: None Jori ~. Mikels, Mayor ATTEST: Beverly~A. Authelet, City Clerk