HomeMy WebLinkAboutMC-769
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ORDINANCE NO. MC-769
2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
8.90 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO MOBILE HOME
3 RENT STABILIZATION.
4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
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SECTION 1.
Subsection L of Section 8.90.040 of the San
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Bernardino Municipal Code is hereby amended to read as follows:
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"L. 'Space Rent' means the consideration, including any
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bonuses, benefits, or gratuities demanded or received for
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and in connection with the use or occupancy of a mobile
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home space within a mobile home park, or for housing
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services provided and security deposits, but exclusive of
any amounts paid for the use of the mobile home as a
dwelling unit. The use or occupancy of a mobile home space
shall include the exercise of all rights and privileges and
the use of facilities, services and amenities accruing to
the residents thereof.
'Space Rent' shall not include any
separately billed utility fees and charges for natural gas
or liquid propane gas, electricity, water, cable
television, garbage or refuse service, and sewer service."
SECTION 2.
Subsection B of Section 8.90.050 of the San
Bernardino Municipal Code is hereby amended to read as follows:
"B. Vacancies.
1. If the mobile home space is voluntarily vacated
by the tenant other than by sale of the mobile
home, or vacated pursuant to California Civil
Code Section 798.56, the landlord may increase
the rental rate to any amount as provided in
DAB/ses/Mobihom2.ord
February 13, 1991
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MC-769'
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SECTION 3.
Subsection A of this Section 8.90.050.
2.
Subject to the provisions of Civil Code Section
798.17, if the mobile home is sold and is to
remain on site, the landlord may increase the
rental rate to the new tenant by up to 10% of the
current allowable rent.
3.
Upon the re-renting of a rental unit which has
not been voluntarily vacated by the previous
tenant, the base rent and the base rent month
shall remain unchanged, and the maximum rent
which may be charged shall be the same as if the
vacancy had not occurred.
4.
A vacancy is voluntary if the tenant voluntarily
and without coercion by the landlord vacates the
rental unit or, if the tenant dies and there is
no surviving cohabitant.
5.
All other vacancies are involuntary.
When a
rental unit which has been involuntarily vacated
is re-rented, the landlord shall, not more than
ten (10) days after such re-renting, give notice
to the new tenant of the base rent and the base
rent date of the previous tenant and that said
base rent and base rent date are applicable to
the new tenant."
26 Municipal Code is hereby amended to read as follows:
Section 8.90.060 of the San Bernardino
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DAB/ses/Mobihom2.ord
February 13, 1991
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MC-769.
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"B. If a mobile home park provides in the rent, without
separate charge, utilities or similar services (including,
but not limited to, natural gas, electricity, water, sewer,
trash, and cable television) and converts to separate
charge for such service by separate metering, separate
charge or other lawful means of transferring to the tenant
the obligation for payment for such services, the cost
savings shall be passed through to tenants by a rent
reduction equal to the actual cost to the park of such
transferred utility or similar service (less common area
usage) based on costs for the twelve (12) month period
prior to notice to the tenants of the change.
Provided
compliance with this section occurs, provisions for
mediation and/or hearing shall not apply. It is the intent
of this Section for those rental agreements entered into on
or after January 1, 1991, to be consistent with the
provisions of Civil Code Section 798.41 as adopted by
Chapter 1013, Section 2 of the Statutes of 1990."
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DAB/ses/Mobihom2.ord
February 13, 1991
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MC-769
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1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
8.90 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO MOBILE HOME
2 RENT STABILIZATION.
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I HEREBY CERTIFY that the foregoing ordinance was duly
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adopted by the Mayor and Common Council of the City of San
Bernardino at an ~~a8Y~j!ed
meeting thereof, held on the 11th
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day of March
, 1991, by the following vote, to wit:
Council Members:
ESTRADA
AYES
X
NAYS
ABSTAIN
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REILLY
X
FLORES
X
MAUDSLEY
X
MINOR
X
POPE-LUDLAM
X
MILLER
x
./,. , ~""; "
\..4" . J , .. /'( , "
'''~ .IV' ).AA,..~-:.r..""'f~''-'"
~City Clerk - ,
The foregoing ordinance is hereby approved
/ozl/c, day
of
March
, 1991.
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
By: /l/1.w,ji/ apv,,__ J
/~-
DAB/ses/Mobihom2.ord
February 13, 1991
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