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ORDINANCE MC-675
2 ORDINANCE OF THE CITY OF SAN BERNARDINO PROVIDING THAT
RENTS FOR MOBILE HOME SITES SHALL NOT EXCEED THOSE IN EFFECT ON
3 THE EFFECTIVE DATE OF THIS ORDINANCE , AND TEMPORARILY
PROHIBITING RENTAL INCREASES THEREFOR, AND DECLARING THE URGENCY
4 THEREOF.
5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
6 DO ORDAIN AS FOLLOWS:
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SECTION 1:
Purpose.
Pending further study of the
8 development and adoption of measures to address the problems
9 created by the present apparent mobile home site shortage, it is
10 necessary, on an interim basis, to prohibit rental increases on
11 mobile home sites within the City of San Bernardino.
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SECTION 2.
Definition of Terms.
Unless it is apparent
13 from the context that another meaning is intended, the following
14 words and terms when used herein shall have the meaning ascribed
15 to them by this Section.
16
A.
"Services":
Services connected with the use or
17 occupancy of a mobile home site including, but not limited to,
18 repairs, replacement, maintenance, painting, light, heat, water,
19 refuse removal, sewage removal, furnishings, telephone, parking
20 and any other benefits, privileges or facilities.
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B.
"Sitell:
Any area or tract of land or portion of a
22 mobile home park designated or used for the occupancy of one
23 mobile home.
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C.
"Mobile Home Park":
Any area or tract of land where
25 two or more mobile heme sites are rented or leased or held out
26 for rent or lease to accommodate mobile homes used for human
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habitation.
The rental paid for any such mobile home shall be
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deemed to include rental for the site it occupies.
D. "Mobile Home Park Operator": An owner, lessor,
sublessor, including any persons, firm, corporation, partnership,
or other entity, entitled to receive rent for the use of any
mobile home site, or the agent, representative or successor of
any of the foregoing.
E. "Moratorium Period": The period of time beginning on
the effective date of this ordinance and continuing for 120
calendar days thereafter, or until such time as the Mayor and
Common Council establish a procedure for the adjustment and/or
regulation of rents, whichever occurs first.
F. "Rent": The consideration, including any bonus,
benefits or gratuity demanded or received, for or in connection
with the use or occupancy of a mobile home site (but not the
transfer of a lease for such a unit) eF-~Re-~~ftfts~e~-~-~~~
~eF-StleR-6-~ft~~, including but not limited to monies demanded or
paid for parking, for furnishings, for services of any kind, for
subletting, or for security deposits for damage and/or for
cleaning.
G. "Mobile Home Site Rental Units": All mobile home sites
in the City of San Bernardino designed for rental use or actually
rented at any time on or after the effective date of this
ordinance, and all services, privileges, furnishings and
facilities supplied in connection with the use or occupancy
thereof, including garage and parking facilities. The term shall
not include:
(1) mobile home sites in nonprofit cooperatives owned
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and controlled by a majority of the residents;
(2) mobile home sites which a government unit, agency
or authority owns, operates, or manages or which are specifically
exempted from municipal rent regulation by state or federal law
or administrative regulation;
(3) mobile home sites located in a mobile home park
completed or newly constructed after the effective date of this
ordinance.
H.
IITenant" :
A tenant, subtenant, lessee, sublessee or
any other person entitled to the use or occupancy of any mobile
home site rental unit.
I. "Average Per Unit Rehabilitation Cost": The cost of
rehabilitation to the mobile home park, or any portion thereof,
sufficient to bring the mobile home park into compliance with all
applicable City ordinances, divided by the total number of mobile
home sites in the mobile home park. The costs of rehabilitation,
including, but not limited to, interest costs on loans for the
purpose of rehabilitation, shall have been paid or incurred by
the mobile home park operator six (6) months prior to or during
the moratorium period or any extension thereof, for
rehabilitation work done six (6) months prior to or during the
moratorium period or extension thereof.
J. "Average Per Unit Capital Improvement Cost": The cost
of a capital improvement, divided by the number of mobile home
sites in the mobile home park. A "Capital Improvement Cost"
shall be the costs for improvements to the mobile home park or
any building or structure located within the mobile home park,
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which improvements have a useful life of five years or more, and
which costs have been paid or incurred by the mobile home
operator during the moratorium period or any extension thereof
for the capital improvement work done during the moratorium
period of extension thereof. This term shall not include
expenditures for the purchase of land, an existing building, or
any interest in an existing building for the purpose of
increasing the number of mobile home sites in the mobile home
park; nor does it include expenditures necessary to keep or
maintain that level of services provided to the mobile home site
rental unit at its applicable rollback date.
SECTION 3. Rental Increase Moratorium.
A. Beginning on the effective date of this ordinance, and
continuing for one hundred and twenty (120) calendar days
thereafter, or until such time as the Mayor and Common Council
establish a procedure for the adjustment and/or regulation of
rents, whichever occurs first, rents shall be at the levels and
shall not otherwise be increased except as provided in
subparagraph B below.
B. During the moratorium period, the maximum rent for a
mobile home site rental unit in the City of San Bernardino shall
be the fOllowing:
(1) For a mobile home site rental unit which is
rented as of the effective date of this ordinance, and continues
to be rented thereafter to one or more of the tenants occupying
such rental on the effective date of this ordinance:
The rent shall not exceed that in effect on the
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effective date of this ordinance.
The level of
services provided to the rental unit on the effective
date of this ordinance shall not be reduced during
the moratorium period. No notice to the tenant,
whether given before or after the effective date of
this ordinance, shall be effective to increase the
rent during the moratorium period.
(2) For a mobile home site rental unit which is not
rented as of the effective date of this ordinance, but which is
rented during the moratorium period and continues to be rented to
one or more of the same tenants:
The rent shall not exceed that in effect on the
date the mobile home site rental unit is first rented
after the effective date of this ordinance. The
level of services provided to the rental unit on the
rental date shall not be reduced during the
moratorium period.
(3) For a mobile home site rental unit voluntarily
vacated on or after the effective date of this ordinance, and
prior to the end of the moratorium period:
If the vacancy was voluntary (i.e., not the
result of an unlawful eviction, other than for just
cause), wfte'l;;ft~-4'of--j-as--e--eBtlse-~-o-t-hei:'w-i-ge-,--eJ:'-ef
ffie~~~-ft~-p~-e~J:'a~eF~~-J:'e~HSB~--t-e-Fefl~-B
~er!e6!e-k~~-~ease-B~FeeffieR'l;;7, then the rent
may be increased to the market rate upon the re-
rental of the mobile home site rental unit. So long
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1 as such unit continues to be rented to one or more of
2 the tenants first occupying the mobile home site
3 rental unit at the time of such re-renta1, such rent
4 shall not exceed that in effect on the date the
5 rental unit is first re-rented, nor shall the level
6 of services provided on that re-renta1 date be
7 reduced during the moratorium period.
8 (4) For mobile home site rental units vacated other than
9 voluntarily after the effective date of this ordinance:
10 The rent for such mobile home site rental unit
11 shall not thereafter exceed the rent in effect
12 immediately prior to such involuntary vacation,
13 unless the unit is subsequently voluntarily vacated.
14 The level of services provided prior to such
15 involuntary vacation shall not be reduced during the
16 moratorium period.
17 (5) For a mobile home site rental unit which has been
18 found to be in violation of any then existing City ordinance:
19 The rent shall not exceed that amount dictated
20 by the above subparagraphs (1) through (4),
21 inclusively, plus the average per unit rehabilitation
22 cost amortized over not less than a thirty-six month
23 period, which costs have been incurred by the mobile
24 home park operator during the moratorium period for
25 rehabilitation work done during the moratorium period
26 for the sole purpose of bringing the subject
27 property into compliance with City ordinances.
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(6) For a mobile home site rental unit with respect
to which capital improvement costs are incurred:
The rent shall not exceed the amount dictated by
the above subparagraphs (1) through (5), inclusive,
plus the average per unit capital improvement cost
amortized over a sixty-month period.
C. Subparagraph (5) and subparagraph (6) of Paragraph B
above shall not be applicable to any mobile home park unless the
mobile home park operator of such mobile home park has provided
the Community Development Department with written proof
satisfactory to that department that the cost of rehabilitation
work or capital improvement work was incurred during the
moratorium period and that the rehabilitation or capital
improvement work was completed during the moratorium period.
D. The Mobile Home Moratorium Review Committee Meej,},e-Heme
PaFk-~-Hee-€~~~~ee is hereby estab1ished and authorized to
hear and decide the appeal of any action taken by any official of
the City of San Bernardino pursuant to the authority of this
ordinance or any part thereof except the commencement of criminal
prosecution and to hear appeals related to the interpretation of
any provision hereof, except any crimina1 provisions. Afi-a~~ea%
er-~~~eei8~~~~-tfl~~ej,},e-~-~ap~-A6-~~~~t~-may
~fiepear~ep-ee-ffieee-ke-k~~~~~~~~~-~fi-aeeepdafiee
wit~-~fie-~pev~~~fis-~-GfiB~t~-~.&4-~-~fie-~-Be~~fie
M~fij,ej,~a},-€e6e. A11 decisions by said Committee shall be final.
The Mobile Home Moratorium Review Committee shall be comprised of
five (5) members who shall be appointed by the Mayor and Common
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Council.
All administrative costs of said Committee shall be
paid in a manner to be established by resolution by the Mayor and
Common Council. Said Committee shall be fiscally self-
sustaining.
SECTION 4. Violation of Ordinance.
(A) It shall be unlawful for any mobile home park operator
to demand, accept, receive or retain any payment of rent in
excess of the maximum lawful rents set forth in this ordinance.
Any person violating any of the provisions, or failing to comply
with any of the requirements of this ordinance, shall be guilty
of a misdemeanor. Any person convicted of a misdemeanor under
the provisions of this ordinance shall be punishable by a fine of
not more than Five Hundred ($500.00) Dollars or by imprisonment
in the County Jail for a period of not more than six months, or
by both. Each violation of any provision of this ordinance, and
each day during which any such violation is committed, permitted,
or continued, shall constitute a separate offense.
(B) The Community Development Department is hereby
authorized to commence actions for violations of the provisions
of this ordinance through the filing of long form complaints with
the office of the City Attorney.
SECTION 5. Refusal of a Tenant to Pay Rent Increase. A
tenant may refuse to pay any increase in rent which is in
violation of this ordinance and such violation shall be a defense
in any action brought to recover possession of a mobile home site
rental unit or to collect the illegally charged rent increase.
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SECTION 6.
If any provision or clause of
Severability.
this ordinance or the application thereof to any person or
circumstance is held to be unconstitutional or to be otherwise
invalid by any court of competent jurisdiction, such invalidity
shall not affect other ordinance 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 ordinance are declared to be
severable.
SECTION 7.
This ordinance is an urgency measure
Urgency.
necessary for the immediate preservation of the public peace,
health or safety and shall go into effect immediately upon its
adoption and approval. The facts constituting such urgency are:
A. In recent months there has been an
increasing concern on the part of the public
officials and residents of the City of San Bernardino
regarding rent increases in mobile home sites in
this City.
B. There is a growing shortage of decent,
safe, sanitary mobile home sites resulting in a
critically low vacancy rate, rising rents, and
stringent conditions of site occupancies exploiting
this shortage; that this condition is having a
detrimental effect on the lives of a substantial
number of the San Bernardino residents who reside in
mobile homes and is endangering the health and
welfare of such residents, especially creating
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hardships on senior citizens, persons on fixed
incomes, and persons of low income,
C. The cost of relocation of a mobile home is
amounting to thousands of dollars.
D. Many mobile home parks will not rent a
mobile home site unless the site will be occupied by
a new mobile home.
E. The Mayor and Common Council continue to
receive reports of unfair rent increases,
particularly relating to mobile homes, which may lead
to the displacement or a lower standard of living, of
many mobile home tenants.
F. The Mayor and Common Council find that
immediate action is required to preserve the status
quo by imposing a temporary moratorium on rent
increases for mobile home sites, pending
consideration of the feasibility and desirability of
any further measures.
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino, at a
meeting held on the 6th day
regular
of
September
, 19~, by the following vote, to wit:
AYES:
Estrada, Reilly, Flores,
Council Members
Maudsley, Minor, Pope-Ludlam, Miller
NAYS:
None
ABSENT:
None
---~//$~:&~/
7 Ci ty Clerk
JFW:ss
August 21, 1989
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day 0
Approved as to form
and legal content:
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resolution is hereby approved this
'AME~ Attornoy
BY: /. ~/ )
/
JFW:ss
August 21, 1989
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