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