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RESOLUTION NO. 84-281
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RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE
ELECTORS AN ORDINANCE OF THE CITY OF SAN BERNARDINO WHICH WOULD
PROVIDE FQR A SYSTEM OF RENT CONTROL IN MOBILEHOME PARKS, ESTABLIS
AMOBILEHOME PARK RENT REVIEW BOARD, ROLL BACK SPACE RENTS TO
JUNE 1, 1983, ASSESS A FEE OF TWO DOLLARS A YEAR ON EACH MOBILE-
HOME SPACE AND A FEE OF TWO DOLLARS A YEAR PER SPACE FOR EACH
MOBILEHOME PARK OWNER, FORBID THE ELIMINATION OR REDUCTION OF ANY
SERVICE WITHOUT A DECREASE IN RENT, AND ESTABLISH CIVIL AND
CRIMINAL PENALTIES FOR VIOLATIONS.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Recitals.
A. Petitions were filed with the City Clerk of the City of
11 San Bernardino on JulY16 & 23, 1984, requesting that the Mayor and
12 Common Council submit to the electors of the City of San
13 Bernardino a proposed ordinance, a copy of which is attached
14 hereto as Exhibit "A" and is hereby incorporated herein as
15 though fully set forth.
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B. On July ?!;
, 1984, the City Clerk of the City of San
17 Bernardino certified to the Mayoriand Common Council that
18 sufficient registered and qualified electors had signed the
19 petitions to qualify the proposed ordinance for submission to
20 the electors.
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C. It is desirable that the special municipal election to
22 consider said proposed ordinance be consolidated with the general
23 election conducted by the County of San Bernardino on November 6,
24 1984; that within the City of San Bernardino the precincts, poll-
25 ing places and election officers for the two elections be the
26 same; that the Board of Supervisors of the County of San
27 Bernardino canvass the returns of the City election; and that
28 the general election and the special municipal election be held
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in all respects as if there were only one election.
SECTION 2. Special Municipal Election Called. A special
municipal election is called and will be held in the City of San
Bernardino on Tuesday, November 6, 1984, for the purpose of
submitting to the qualified electors of the City, for their
approval or disapproval, the proposed ordinance set forth in
Exhibit "A" hereto.
SECTION 3. Request for Consolidation of Elections.
Pursuant to Section 23302 of the Elections Code, the Mayor and
Common Council of the City of San Bernardino request that the
Board of Supervisors of the County of San Bernardino consolidate
the City's special municipal election with the general election
to be held on November 6, 1984.
SECTION 4. Measure. The measure to be voted on at the
special municipal election as it is to appear on the ballot shall
be as follows:
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MEASURE . . ENACTS AN ORDINANCE TO
PROVIPE RENT CONTROL IN MOBILEHOME PARKS,:
ROLL BACK SPAq: RENTS TO JUNE 1, 1983,
ASSESS ANNUALFEaSON EACH SPACE AND
PARK OWNER, AND PROVIDE FOR PENALTIaS.
FOR THE
ORDINANCE
AGAINST TaEf
ORDINANCE :
The measure shall be designated on the ballot by a letter
printed on the left margin of the square containing the
description of the measure as provided in the Elections Code of
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the State of California.
SECTION 5. Canvass of Returns by Board of Supervisors. The
Board of Supervisors of the County of San Bernardino is hereby
authorized to canvass the returns of the special municipal
election called by this resolution and to conduct the special
election and the general election in all respects as if there
were only one election with only one form of ballot. Results of
the municipal election shall be certified to the Mayor and
Common Council of the City of San Bernardino.
SECTION 6. Notice of Election. The City Clerk is hereby
directed to publish a notice of the municipal election which
shall contain the following:
A. The date of the election;
B. That the last day for receipt of primary arguments for
or against the measure has been established as 4:30 p.m. on
August 14, 1984, in the City Clerk's Office, Second Floor, City
Hall, 300 North "n" Street, San Bernardino, CA;
C. That the last day for receipt of rebuttal arguments is
4:30 p.m. on August 21, 1984, in the City Clerk's Office at the
above location.
The City Clerk is directed to accept arguments and
arrange for sample ballots, which shall include the text of the
proposed ordinance, in accordance with Section 5010, et seq.,
and Section 5350 of the Elections Code.
This notice may be combined with a notice of any other
special municipal election to be held on the same date.
SECTION 7. Conduct of Election. The special municipal
election called by this resolution shall be held in such
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1 precincts and at such polling places as shall be determined by
2 the Registrar of Voters of the County of San Bernardino. The
3 Board of Supervisors of the County of San Bernardino is hereby
4 requested to issue instructions to the Registrar of Voters to
5 take all steps necessary for the holding of the consolidated
6 election. The Mayor is hereby authorized to execute a contract
7 for the services necessary for conducting the municipal
8 election.
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SECTION 8. F,iling of Resolution. The City Clerk of the
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City of San Bernardino is directed to file a certified copy of
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this resolution with the Board of Supervisors of the County of
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San Bernardino.
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I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
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Bernardino at an adjourned reqular
meeting thereof, held on
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the 26th day of July
to wit:
, 1984, by the following vote,
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AYES:
Council Members Castaneda, Reilly, Marks, Quiel,
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Frazier, Strickler
NAYS:
None
ABSENT:
Council Member Hernandez
of
July
The foregoing resolution
day
, 1984.
Approved as to form:
~~rfl
City" ttorney
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Section 100. Statement of Purpose.
The purpose of this ordinance Is to esIiIIIIIsh a Mobilehome Park Rent Review Board empowered to regulate
mC)btlehome park space rents In the 'City 01 San Bernardino so as to protect the owners and occupants of
1I\0000IIehomes from unrellt!onable rent Ir.c. es while recognizing the need of the mobllehome park owners to
r.... a just and reasonable return on tbek'lnvestment and re~enues sufficient to cover any Increased costs of
a"',,, ',';;, " m,.' alntenance, Insurance, upkeep "-additlonal amenities. There presently Is, within the City of San Ber-
, ",,',~'.serlous shortage of available",,"'" home rental space, resulting In a low vacancy rate and rising space
re...use of the high cost of movIng ~bllehomes, the potential for damage resulting therefrom, the re-
CJ~",,' '. "l,elatlng to the Installation of lIIIIIIIIehomes, Including permits, landscaping and site preparetlon, the
I '. ", ematlve homesttes for mobll~l8sldents, and the substantial Investment of mobllehome owners In
",8, a Ylrtual monopoly exists in .. rental of mobllehome park spaces. These conditions endanger the
~, welfare of San Bernardino mot!l~e residents, especially young families, senior citizens and those
'flYing on fixed Incomes.
101. Definitions.
:,,:~tht,tlvrpose of this ordinance, tbe tofIowlng words, terms, and phrases shall be defined as follows:
O>>~~. The Mobllehome Park Real Review Board of the City of San Bernardino. "
,ii(bf~~ttAPROVEMENT. Any ""'~, or betterment made to a mobllehome park which consists of
I(to.t~"'liniii,...i~palrs or replacements of 8ICistlng facilities or Improvements and which has a useful life of five
Ol'more~ .' '. .
, ,. (C), ~~ENT. The Communlty OeIeIopment Department of the City of San Bernardino.
/ (dl,~, ' ,," '.,E, R, . Any person enOlled to occupy a mobllehome dwelling unit pursuant to ownership
thlKe<>f btlif8rtta' or tease agreement willi .. owner thereof. .
. ~~E. A vehicle, other u... a motor vehicle onecreatlonal vehicle, deslQned or used for human
, ha_tlon,~.f1"ed In California Civil Code Section 798.3. - . ','.
Cf) N~tiOf..tE PARK. Any area of IIIId within the City of San Bernardino where two or more mobllehome
spaces aret.t~,or held out for rent, to accommodate mobllehomes used for human habitation. '
(g) MOell8-l0ME SPACE. The site wIIbin a mobllehome park Intended, designed, or used for the location or
accommodation of a mobllehome and 8fIJ .:cessory structures or appurtenances attached thereto or used In
conjunctlOlt,thlilrewlth.
(h) OWNE:R. The owner, lessor, operakIr or manager of a mobllehome park within the purview of this or-
dinance. '
(I) REHABILITATION WORK. Any renoraIion or repair work completed on or In a mobllehome park which was
performed In order to comply with the diftICtion or order of a public agency, or to repair damage resulting from
fire, earthquake, or other casualty. ,'; .
0) SPACE RENT. The consideration, including any bonus, benefits or gratuity dem!lnded or received In con-
nection with the use and occupancy of a lIIIIIIIIehome space In a mobllehome park, or for the transfer of a lease
for park space, services and amenities, salJlettlng and security deposits, but exclusive of any amounts paid for
the use of the mobllehome dwelling unit. Also excluded are costs for water, gas and electrical charges If the
dwelling unit has Individual usage meters.
Section 102. The Mobllehome Park Renl Rlnfew Board.
(a) The Mobllehome Park Rent Revl_ Board Is hereby established and shall consist of seven (1) members
and three (3) alternates. In order to provldeYWled and balanced backgrounds and experience two (2) members and
one (1) alternate shall be homeowners of mobllehome parks; two (2) members and one (1) altemate shall be
owners of mobllehome parks; and three (3t members and one (1) alternate shall be "public members" who are .
neither homeowners nor owners. The members of the Board shall be appointed as follows:
(1) One (1) of the three (3) public members shall be appointed by the Common Council from a list of one
(1) or more qualified persons nominated .., the homeowner members of the Board.
(2) One (1) of the three (3) public members shall be appointed by the Common Council from a list of one
(1) or more qualified persons nominated"'" the owner members of the Board.
(3) One (1) of the three (3) public members, each homeowner and owner member, and each .Itemate shall
be appointed by the Common Council from a list of one (1) or more qualified persons nominated by the Common
Council.,..
If the homeowner or owner members should fall to nominate a public member who meets with. t}le Common
Eouncll's approval the Common Council "I so notify the homeowner or owner members entitled to nominate,
and If a further nomination satisfactory to the Common Council Is not made within ten (10) days after such notice,
the Common Council may make an appointment to the office concerned without a nomination.
An alternate shall serve as a member of the Board during the absence of a member of the Board with the
same experience background as the alternate. If necessary to make a quorum for a meeting or a hearing, an alter-
nate may serve In place of an absent member alternate with a different experience background than the .Iternate.
In such an event, the at.large alternate shall serve first. and, If still necessary to make a quorum, the homeowner
and owner alternates shall be chosen to serve In an order ~o be determined by 101.
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. (brEach member' and afternate shall be a~pointed by a majority ~ote of the Commofl Council for aone (1)-
"..r.term to erid on June 30 next after the appointment and until a successor is appointed, Any member or alter-
. ..te may be removed, with or without c,au~e, by a majority vote of the Common Council. Should a vacancy exist,
~n appointment shall be made by a majority vote of the Common Council for the unexpired portion of the term.
Board members and their alternates shall not be compensated for their services as such, but may receive relm.
bursement as provided by the Common Council for expenses incurred while on official duty,
(c) If a member of the Board is absent from three (3) successive meetings without being excused by the
Board, or is absent for more than six (6) meetings in any twelve (12) month period without being excused by the
Board, the office of such member shall be vacated and the Chairman shall immediately notify the City Ad.
minlstrator who shall notify the Common Council that said office Is vacant. Upon such notification, the Common
Council shall appoint a successor for the remainder of the term of such member,
(d) The Board shall establish the time of any hearings or meetings held pursuant to this ordinance and such
hearings or meetings shall be held in the City Hall as often as the Board determines to be necessary to discharge
its duties hereunder.
(e) The Board shall elect one (1) of Its member as chairperson and said election shall be held as soon as prac.
ticable after each new term commences. Four (4) members shall constitute a quorum for the purpose of conduct-
ing a hearing or meeting. Decisions of the Board shall be made by a majority vote of the members present. '
(f) The powers and duties of the Board shall include, within the Iimltatfons provided by law, the fOllowing:
(1) The Board shall hear all rent increase applications and determine whether to approve or disapprove a
rent Increase in the manner provided by Section 105.
(2) To make or conduct such Independent hearings or Investlgatfons as may be appropriate to obtaIn
such Information as Is necessary to carry out their duties, Including the subpoenaIng of witnesses and
documents, administering oaths and affirmations.
(3) To adjust maxImum rents either upward or downward upon completion of their hearings and Investlga.
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. (4) To render, at least seml.annually, a comprehensive written report to the Common Council concerning
Itlf,..tlvltles, rullngs,actlons, results or hearings and all matters pertinent to this ordinance. All such reporls are
tl).matters of public record.
....... . (5) To adopt, promulgate, amend and rescind administrative rules to effectuate the purposes and policies
_"ordinance, the Board shall publicize Its own rules and regulations prior to their promulgation In at least
... "newspaper of general circulation. .
" (6) To publicize this ordinance so that all mobile home park owners and homeowers of San Bernardino wlll
halle the opportunity to become Informed about their legal rights and duties under this ordinance.
Section 103. 8ase Rent Ceiling and Rollback.
(a) upon adoption of this ordinance, and except as hereinafter provided, an owner shall not demand, accept,
or retain rent for a mobllehome space exceeding the rent In effect for said space on June 1, 1983. If a previously
rented mobllehorne space was not rented on June 1, 1983, the owner shall not demand, accept, or retain rent for
said space exceeding the rent In effect during the last month the space was rented prior to June 1, 1983. If a
I'llobilenome spacElls rented lor the first time after June 1, 1983, the owner shall not demand, accept, or retain
rent for said space exceeding the rent first charged for that space. Such lawful rent In effect oil June 1, 1983 Is the
BASE RENT CEILING and is a reference point from which the rent may be adjusted In accordance with the provl.
slons of this ordinance. This provlslon,ln fact, establishes a rent rollback to June 1, 1983. No owner shall send a
notice containing the specific amount of a proposed rental increase prior to receiving approval of a rent Increase
from the Board.
(b) Any space rent Increases above the BASE RENT CEILING which have been collecled by an owner'prlor to
adoption of this ordinance shall not be refundable to the homeowners.
(c) Any space rent Increases above the BASE RENT CEILING which are collected by an own~r after adoption
of this ordinance shall be either returned to the homeowners or credited to future space rents.
Section 104. Fees and Assessments. :.
In order that this ordinance not be a burden on the general taxpayer, the following fees and assessments are
hereby established: '
(a) Each mobllehome space which Is occupied shall pay to the City of San Bernardino a $2.00 a year fee or'
assessment, which Is to be effective upon passage or adoption of this ordinance.
(b) Each mobllehome park owner shall pay to the City of San Bernardino a $2.00 a year fee or assessment for
each rental space In their park.
(c) The above feeslassessments shall be placed In a separate account by the City of San Bernardino for the
administration of their ordinance.
(d) The method of collection of these feeslasse~sments shall be determined by the Common Council:
Section 105. Permitted Rent Increases Based Upon an Application Approved by the Board.
(a) An owner may file with the Department a rent Increase application for one or more mobllehome spaces
for approval by the Board. Notwithstanding any other provision of this ordinance, the Board may refuse to hold a
hearing and/or grant a space rent adjustment If an Individual hearing has been held and decisIon made with
'regard to the maximum space rent at the same mobilehome park within the previous twelve months.
(b) An application for a rent Increase pursuant to this section shall be flied upon a form prescribed by the
Department. Said application shall specify the address of the mobllehome park, the space number or numbers for
which rent Is requested to be Increased, the amount of the requested rent Increase, and the facts supporting the
requested Increase. The applicant shall produce at the request of the Department any records; receipts, reports,
or other documents that the Department may deem necessary for the Board to make a determination whether to
approve a rent Increase. The application shall be made under penalty of perjury and supporting documents shall
be certified or verified as requested by the Department.
(c) Upon receipt of a rent Increase application, the Department shall mall a notice to the affected
homeowners at the mobllehome spaces designated In the appllcatlon,lnforming them of the receipt of such ap.
plication, the amount of the requested rent Increase, a brief summary of the owner's justification for the request,
any supporting documents which may be Inspected at the City Hall, the homeowner's right to submit written
statements, photographs or other documents relating to the application wtthln thirty (30) days alter the date the
notice Is mailed and the address where such statements or documents may be maned or delivered.
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said applic~ is complete. If the Departme~.:..~..:t.:.r~,i.::.e..:',lh2;\an2Jl.211ta.U2.n is not complele. it sh.<\ll notlly'thl'>
, applical')t in writing as,~o wh\l.t additional InTormatlon IS required. , '
" Ie) -9- copy. of each rent Increase application shall be provided to each member of the Board afier such ap.
pltcation is deler":1ined t~ be complete. The Boa~d sh?1I hold a hearing on said application within sixty (60) days
after such determination IS made except as provided In subsection (i). Notice of the time, date, and place of the
hearing shall be mailed to the applicant and the affected homeowners at the mobilehome spaces designated in
the application at least ten (10) days prior to the hearing. '
(f) At the hearing, the applicant and the affected homeowners may offer any testimony that is relevant to the
requested rent increase. The applicant and affected homeowners may offer documents, written declarations or
other written evidence for the first time at the hearing only If good cause Is shown why such evidence was ~ot
liled with the Department prior to the hearing. Formal rules of evidence shall nct be applicable to such pro.
ceedings. Except as provided In subsection (j), within fifteen (15) days after the close of the hearing, the Board
shall make its determination, pursuant to the standards established by suhsection (g) of this section, approving
or disapproving a space rent Increase for the mobllehome space or spaces specified in the rent increase applica.
tlon.
(g) The Board shall approve such rent Increase as It determines to be just, fair and reasonable. The Board
shall consider the following factors, In addition to any other factors it considers relevant, In making such deter-
mination:
(1) Changes in Hie Consumer Price tndex for All Urban Consumers as published by the Bureau of labor
Statistics.
(2) The space rent lawfully charged for comparable mobllehome spaces In the City of San Bemardino.
(3) The length of time since either the last hearing and final determination by the Board on a rent In-
crease application or the last rent increase If no previous rent Increase application has been made.
(4) The final determination by the Board on any previous rent Increase applications for spaces within
the same mobllehome park.
(5) The completion of any capital Improvements or rehabilitation work related to the mobilehome space,
orllR!I!\ltS specified In the rent increase application, and the cost thereof, including such items of cost,lnctuding
m'~J,J!ll:t$, labor, consJructlon Interest, permit fees and other Items as the Board deems appropriate.
'." , (6) Changes In property taxes or other taxes related to the subject mqbllehome park.
(7) Changes in the rent paid by the applicant for the lease of the land on which the subject mobllehome
pll!'k.ls tocated.
(8) Changes In the utility charges for the subject mobllehome park paid by the applicant and the ext~nt,
If~y, of reimbursement from the homeowners. '
(9) Changes in reasonable operating and maintenance expenses.
(10) The need for repairs caused by circumstances other than ordinary'wear and tear.
(11) The amount and quality of services provided by the applicant to the affected homeowners.
(12) Any existing written lease lawfully entered into between the applicant and the affected homeowner.
(h) The aoard may provide that an Increase in rent or a portion of an Increase in rent granted by the Board be
Iimlted.to the length of time necessary to allow the park owner ~o reasonably amortize the cost of a capital 1m-
provement, including interest and a reasonable profit, but not be able to continue to receive the Increase or por.
tion thereof granta<fas a result of the capital Improvement beyond the time necessary for reasonable amortiza-
tion.
(I) Notice of the Board's determination shall bll mailed to the applicant and all affected homeowners at the
mobllehome spaces designated in the application. The determination of the Board shall be final.
0) In the event that the Board Is unable to act and make Its final determination on a completed rent Increase
application within the time limitations prescribed by subsections (dHf) of this Section, and after the thirty (30)
days for the homeowners to file statements or documents In OPPosition to the application under subsection (c)
, shall have expired, the Board may approve such interim rent increase for the mobllElhome space or spaces
specified in said application which clearly appears to be warranted when the factors set forth In subsection (g) of
this Section are considered, based upon the facts stated In the application, any written statements or documents
filed with the Department by the affected homeowner, and any other facts known to the Board. An approved In.
terlm rent Increase shall expire on either (1) the last day of the month within which the Board makes Its final deter-
mination disapproving a rent Increase, or (2) the effective date of a rent Increase"whlch Is approved by a final
determination of the Board.
(k) The time within which the Board may conduct a hearing as provided In subsection (e) or make Its deter-
mination as provided in subsection (f) may be extended twice by the Board for periods of time not to exceed sixty
(60) days each if the Board approves an Interim rent Increase pursuant to subsection 0).
Section 106. Reduction In Services Provided. , .
No owner shall reduce or eliminate any service In a mobllehome park or to any homeowner within any
mobilehome park unless and until a certified proportionate share of the cost savings resulting from such reduc-
tion or elimination Is passed on to the homeowner In the form of a decrease In rent.
Section 107. Increase Upon Sale or Transfer.
There shall be no increase in the amount of rent charged for a space within a mobllehome park upon the sale
or other transfer of title to a mobllehome dwelling unit placed thereon. After any such sale or transfer the rent
Charged for said mobllehome shall be subject to ail provisions of t~is ordinance. This section shall apply when a
mobilehome remains In the mobllehome park upon transfer or when a mobilehome Is sold, removed from the
mobllehome park and replaced by another mobllehome. The owner shall provide the purchaser of a mobllehome
that remains In the park and homeowners who move into the mobllehome park with a copy of this ordinance prior
to executing a rental agreement with said purchaser or homeowners for the space In said park. ~
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fXHIBIT
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. ~ .' NQ "PVJ,,,rl "rljIlSlmp.o.l.o.L.rn1L\.s..:'J.baIlJl'Z,all.th9liz.s>cJ t:lJ.rea.son2fJ..'lSCea.~ec: inlf!!estor the expensereSui\ing'
. from the mobilehome park owner refinancing the mobilehome park if at the time the owner refinanced theowner--"
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. Gould.rtlason<\bly have foreseen that such Increased expenses could not be covered by the rent schedOle In ex.
istence except where such refinancing Is reasonable and is needed for the owner to make capital improvements.
Section 109. New Purchase.
No upward adjustment 01 rents shall be authorized by the Board because olthe owner's increased interest or
other expenses resulting from the sale of the park, if at the time the owner acquired the park, the oWner could'
have reasonably loreseen that such Increased expenses would not be covered by the rent schedule then In effect.
This section shall only apply to mobilehome parks acquired after the date of adoption of this ordinance.
Section 110. Non.walverabllity.
Any provision, whether oral or written in or pertaining to a rental agreement whereby any provision of this or.
dinance for the benefit of the homeowner is waived, shall be deemed to be against public poliCY and shall be void:
Section 111. Judicial Review.
An owner or homeowner aggrieved by any action or decision 01 the Board may seek judicial review by appeal.
Ing to the appropriate court within the jurisdiction.
Section 112. Remedies.
(a) Any owner who demands, accepts, receives or retains any payment of space rent in excess of the max-
Imum lawlul space rent, in violation of the provision of this ordinance or any rule, regulation or order hereunder
promulgated, shall be liable as hereinafter provided to the homeowner Irom whom such payments are demanded,
accepted, receIved or retained, for damages as a civil penalty In an amount of one thousand dollars ($1,000.00) or
three (3) times the amount by which the payment so demanded, accepted, received or retained exceeds the max-
imum lawlul space rent, whichever is the greater, together with reasonable attorney's fees, and costs as deter.
mined by the court.
(b) The Board, homeowners and owners may seek reliellrom the appropriate court within the jurisdiction to
,..raln or enjoin any violation of this ordinance and of the rules, regulations, orders, and decisions of the Board.
(c) Any person vlo.latlng any of the provisions of this ordinance shall be guilty 01 a mIsdemeanor and shall be
puI'IJshed by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment In the county jail for a
~. not exceeding six months, or by both such fine and Imprisonment.
''''V'(d) In any action brought to recover possession of a mobliehome spa~e the court may consider as grounds
_,nlal any violation of this ordinance. Further, the determination that the action was brought In retaliation for
tllj,exerclse of any rights conferred by this ordinance shall be grounds for denial. The refusal by a homeowner to
pay"any Increase In rent which Is in violation of this ordinance shall be a defense in any action brought to recover
possession of a mobliehome space or to collect the rent Increase.
Section 113. Partial Invalidity.
If any provisIon of this ordinance or application theraof to any person or circumstances Is held Invalid, this
invalidity shall not affect other provisions or applications of this ordinance which can be gIven effect wIthout the
Invalid provision or application, and to this end the provisions of this ordinance are declared to be severable. This
ordinance shall be liberally construed to achieve the purposes of this ordinance and to preserve Its validity.
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