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HomeMy WebLinkAboutR32-Economic Development Agency ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FROM: Maggie Pacheco, Deputy DirectorlDirector Housing & Community Development C . . February 19, 2092 . . . SUBJECT: APPOINTMENT OF MOBILE HOME 'I L RENT CONTROL BOARD MEMBERS .. ' . , ~, DATE: SvnoDsis of Previous Commission/Council/Committee Action(s): On February 7, 2002, the Redevelopment Committee recommended that this item be sent to the Mayor and Common Council for approval. Recommended Motion(s): (Mavor and Common Council) MOTION: THAT THE MAYOR AND COMMON COUNCIL APPOINT: THREE (3) REGULAR BOARD MEMBERS, TWO (2) ALTERNATE BOARD MEMBERS, AND REAPPOINT TWO EXISTING MEMBERS, AS NOTED IN THE ATTACHMENT I TO THE STAFF REPORT, FOR THE MOBILE HOME PARK RENT CONTROL BOARD AS REQUIRED BY ORDINANCE NO. MC-726. Contact Person(s): Gary Yan OsdelIMaggie Pacheco Project Area(s) N/ A Phone: (909) 663-1044 1-7 Ward(s): Supporting Data Attached: iii Staff Report 0 Resolution(s) 0 Agreement(s)/Contract(s) 0 Map(s) iii Other FUNDING REQUIREMENTS Amount: $ N/A Source: N/A /;)~ ~,"A_~a~ -G~in OSde ,Execuf e Director aggie Pach 0, Deputy DirectorlDirector ECiomic Developme Agency Housing & Community Development ------------------------------------------ ------- Commission/Council Notes: SIGNATURE: GYO:MP:PRE:ssj:3-4-02 MH Board COMMISSION MEETING AGENDA Meeting Date: 03/412002 Agenda Item Number: R 3d-- ECONOMIC DEVELOPMENT AGENCY STAFF REPORT Appointment or Mobile Home Rent Control Board Members BACKGROUND In September 1989, the Mayor and Common Council enacted a 120-day rent moratoriu established a Rent Stabilization Task Force, consisting ofthree (3) Council Members, thr mobile home owners, three (3) park owners, two (2) alternates for each mobile home 0 owners (the "Committee"). This Committee was established as a result of the numerou and concerns the Council received from mobile home owners that landlords were impo rent increases. Consequently, in order to protect mobile home owners from unreasonable space rental (while also recognizing that the park owners should receive just and reasonable return 0 property), the Mayor and Common Council adopted the Mobile Home Park Rent Stabi Ordinance No. MC-726 in April 1990 which regulates rents in applicable mobile home throughout the City (see attached). The Mobile Home Rent Control Board (the "Board established by this Ordinance to facilitate and encourage fair and equitable negotiation mobile home owners and park owners, and specifically to ensure enforcement of the re described in the City's Ordinance. The rent ceilings are based on the annual CPI, as p Department of Bureau and Labor Statistics. Moreover, the Board acts as a mediator be landlord and tenant, and holds hearings within 30 days after a compliant is filed. The fi decisions of the Board are conclusive, and no applicant is entitled or right of appeal to Common Council. The Board is required to meet at least once every ninety (90) days, or within thirty (3 written request for a hearing or arbitration. Although the Ordinance allows for Board compensated, historically, the members have served on a volunteer basis, as all other Commissioners. The term for each Board member is two (2) years. The Board consists of five (5) regular members and two (2) alternate members, for a to Board members. The Board composition is as follows: # Of Members 1 1 Vaeane o 1 3 Total: 7 2 5 GVO:MP:PRE:ssj:3-4-02 MH Board COMMISSION MEETING Meeting Dat Agenda Item Number: ------------- mand ee (3) wner and park s complaints sing exorbitant mcreases, n their lization parks . ") was also s between nt controls ublished by the tween the mdings and Mayor and 0) days of any members to be City appointed tal of seven (7) 'tenant) tor, , manager. affiliated --------.------------- AGENDA e: 03/4/2002 R3~ Economic Development Agency Staff Report Appointments to Mobile Home Board February 19,2002 Page Number - 2 - CURRENT ISSUE Currently, there are two (2) existing Board members who wish to be reappointed to an additional term. One member represents mobile home residents (tenant), and the other member is a City resident. In 2001, three Board members resigned and coupled with two (2) vacant positions, the Mayor and Common Council need to appoint five (5) new members and reappoint two (2) existing members. Based on the advice from the City Attorney's office, in November 2001, Agency staff began the Board member recruitment and flyers were mailed to all 42 mobile home parks in the City of San Bernardino, seeking interested citizens who would be willing to participate and become a member of the Board. The City Clerk's Office also posted a notice at the Feldheym Library, City Hall Lobby and the City's website advertising for Board Members. To date, the Agency has received seven (7) applications for the five (5) vacant positions. These applicants are as set forth in Attachment 1. Attachment I also shows the two candidates wishing to be reappointed for another two (2) years. At the Redevelopment Committee meeting of February 7, 2002, the Committee questioned whether the Board was conceived as a requirement of any federal or state funding. The Committee also asked for a status of the mobile home inspection program, and whether there was any direct relationship between the Board and the San Bernardino Mobile Home Corporation, the entity that purchased eight (8) mobile home parks previously owned by the Redevelopment Agency. Staff has reviewed all previous written staff reports, and has reviewed the Ordinance and subsequent amendments in detail and has found no evidence that the Board was created as a result of federal or state funding mandates. The Board appears to have been solely created as a vehicle to ensure equitable actions and treatment between mobile home owners and park owners. With regard to a report on the City's Mobile Home Inspection Program, the Mayor and Common Council will receive such report under separate cover. ENVIRONMENTAL DETERMINATION Not applicable. FISCAL IMPACT None to General Fund. The Agency will continue to staff and serve as technical advisor to the Board and incur any costs associated with the implementation of the Ordinance. ..__a_a__________________________________________________________________________________________.__________------------------.------------------- GVO:MP:PRE:ssj:3-4-02 MH Board COMMISSION MEETING AGENDA Meeting Date: 03/4/2002 Agenda Item Number: R3tJ.- ,-- Economic Development Agency Staff Report Appointments to Mobile Home Board February 19,2002 Page Number - 3 - RECOMMENDATION That the Mayor and Common Council appoint: three (3) Regular Board Members, two (2) Alternate Board Members, and reappointment of two existing members as noted in the Attachment I to the Staff Report, for the Mobile Home Park Rent Control Board. /}-") ~ ~ /7.ec. .__ /J y.; . ~-"'<--~ Maggie Pacheco, eputy DirectorlDirector Housing and Community Development 'l. ~---_.._-----------------------------------------------------------------------------------------------------------------------.------------------ GVO:MP:PRE:ssj:3-4-02 MH Board COMMISSION MEETING AGENDA Meeting Date: 03/4/2002 Agenda Item Number: RJd- - ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FROM: Maggie Pacheco, Deputy DirectorlDirector Housing & Community Development SUBJECT: APPOINTMENT OF MOBILE HOME RENT CONTROL BOARD MEMBERS DATE: February 7, 2002 ___________.._______U._________________d________~_________________________________________________________d____------------------------------------------------.---.------- SvnoDsis of Previous Commission/Council/Committee Action(s): On February 7, 2002, the Redevelopment Committee recommended that this item be sent to the Mayor and Common Council for approval. .___________.______________________________________________._______________________________________________.___________________________n_____________________________________-----------"..------ Recommended Motion(s): (Mavor and Common Council) MOTION: THAT THE MAYOR AND COMMON COUNCIL APPOINT: THREE (3) REGULAR BOARD MEMBERS, TWO (2) ALTERNATE BOARD MEMBERS, AND REAPPOINTMENT OF TWO EXISTING MEMBERS AS NOTED IN THE ATTACHMENT I TO THE STAFF REPORT, FOR THE MOBILE HOME PARK RENT CONTROL BOARD. ____________________________________________________________________________________________________________________________~..._~______u......_.~_~_~____......~_________~d_._~__ Ward(s): (909) 663-1044 1-7 Contact Person(s): Gary Van OsdellMaggie Pacheco Project Area(s) N/A Phone: Supporting Data Attached: [;'] Staff Report 0 Resolution(s) 0 Agreement(s)/Contract(s) 0 Map(s) 0 Letters FUNDING REQUIREMENTS Amount: $ N/A Source: N/A SIGNATURE: Budget Authority: l/h ,(/~ Gary Van Osdel, Executive Director (~~ ') Economic Development Agency N/A Maggie acheco, Deputy DirectorlDirector Housing & Community Development .__~__n.~______._.____._.____.._.____..._._____...______..-------.---------.....----.-.------..--.-----~----------......-.---------.......----------------.-.----------.-.- Commission/Council Notes: ------------..-----.-----------...----..-------.------.--------...-------..--.------..--------------..-----------------------------------.--------- COMMISSION MEETING AGENDA Meeting Date: 02/19/2002 Agenda Item Number: ~ GVO:MP:PRE:ssj:2-19-02 MH Board . ECONOMIC DEVELOPMENT AGENCY STAFF REPORT Appointment Of Mobile Home Rent Control Board Members BACKGROUND The Mobile Home Park Rent Stabilization Ordinance of the City of San Bernardino was adopted by the Mayor and Common Council in 1995. Under this Ordinance, (see attached), a Mobile Home Rent Board was established to facilitate and encourage fair bargaining between mobile home owners and park owners relative to space rental rates in mobile home parks. The term for each board member is two (2) years. The Mobile Home Board is required to meet at least once every ninety (90) days, or within thirty (30) days of any written request for a hearing or arbitration. Although the Ordinance allows for Board members to be compensated, historically, the members have served on a volunteer basis, as all other City appointed Commissioners. The Mobile Home Board consists of five (5) regular members and two (2) alternate members, for a total of seven (7) Board members. The Mobile Home Board composition is as follows: # Of Members Vacancy Comnosition of Board I 0 Mobile home space resident (tenant) I I Alternate representative of mobile home resident (tenant) I I Representative of mobile home park owner, operator, manager, or agent. I I Alternate representative of a park owner, operator, manal!er, or al!ent. Representatives shall be residents of the City (not 3 2 affiliated with elected position or any mobile home park). Total: 7 5 CURRENT ISSUE Currently, there are two (2) existing board members who wish to be reappointed to an additional term. One member represents mobile home residents (tenant), and the other member is a City resident. In 200 I, three board members resigned and coupled with the two (2) vacant positions, the Mayor and Common Council need to appoint five (5) new members and reappoint the two (2) existing members. GYO:MP:PRE:ssj:2-19-02 MH Board COMMISSION MEETING AGENDA Meeting Date: 02/19/2002 Agenda Item Nnmber: ~ Economic Development Agency Staff Report Appointments to Mobile Home Board February 5, 2002 Page Number - 2 - Based on the advice from the City Attorney's office, in November 2001, Agency staff began the board member recruitment and flyers were mailed to all 42 mobile home parks in the City of San Bernardino, seeking interested citizens who would be willing to participate and become a member of the Mobile Home Rent Control Board. The City Clerk's Office also posted a notice at the Feldheym Library, City Hall Lobby and the City's website advertising for Mobile Home Board Members. To date, the Agency has received seven (7) applications for the five (5) vacant positions. These applicants are as set forth in Attachment 1. Attachment I also shows the two candidates wishing to be reappointed for another two (2) years. ENVIRONMENTAL DETERMINATION Not applicable. FISCAL IMPACT None to General Fund. The Agency will continue to staff and serve as technical advisor to the Board and incur any costs associated with the implementation of the Ordinance. RECOMMENDATION That the Mayor and Common Council appoint: three (3) Regular Board Members, two (2) Alternate Board Members, and eappointment of two existing members as noted in the Attachment I to the Staff Report, for the Mobl Home Park Rent Control Board. ~~ Maggie Pacheco, Deputy Directorillirector Housing and Community Development GYO:MP:PRE:ssj:2-19-02 MH Board COMMISSION MEETING AGENDA Meeting Date: 02/1912002 Agenda Item Number: R..3 9 ATTACHMENT 1 Candidates for Reoresentative of Park Owner. Manaaer. Aaent or Ooerator Cateaorv: (Regular and Alternate Member Needed) Name: Qualifications: Tandra Grace Manager of SPA Mobile Home Park for 4 years Vice Pres. Operations of Santiago Communities for 4 years Property Manager, County Club Mobile Home for 1 year (Staff Recommendation - Alternate Member) Regional Manager for Santiago Communities for 3.5 years (Staff Recommendation - Regular Member) Debra L. Woods Aimee Molsberry Jake Garcia Candidates for Mobile Home Tenant Cateaorv: (Alternate Member Needed) Name: Qualifications: Larry G. Stewart Lives at SPA Mobile Home Park for 4 years, member of Knights of Columbus 1992 (Staff Recommendation - Alternate Member) Candidates for Citv Resident cateaorv: Name: Qualifications: Robert Hampton Lived in SB since 2000, employed at NHS, Executive Assistant (Staff Recommendation) Lived in SB since 1952, President of Northwest PAC (Staff Recommendation) Kathy Simenstad Reaooointment- Mobile Home Resident (Tenant) Cateaorv: Doris J. Wallack Reaooointment-Citv Resident Cateaorv: Joann Von Wald NOTE: Per Section 8.90.110(b) of the City Ordinance, Board Members must be from different parks. ATTACHMENT 1 Candidates for ReDresentatlve of Park Owner. Manaaer. Aaent or Ooerator Cateaorv: (Regular and Alternate Member Needed) Name: Qualifications: Manager of SPA Mobile Home Park for 4 years Vice Pres. Operations of Santiago Communities for 4 years Property Manager, County Club Mobile Home for 1 year (Staff Recommendation - Alternate Member) Regional Manager for Santiago Communities for 3.5 years (Staff Recommendation - Regular Member) Candidates for Mobile Home Tenant Cateaorv: (Alternate Member Needed) Debra L. Woods Aimee Molsberry Jake Garcia Tandra Grace Name: Qualifications: Larry G. Stewart Lives at SPA Mobile Home Park for 4 years, member of Knights of Columbus 1992 (Staff Recommendation - Alternate Member) Candidates for City Resident cateaorv: Name: Qualifications: Kathy Simenstad Robert Hampton Lived in S8 since 2000, employed at NHS, Executive Assistant (Staff Recommendation) Lived in S8 since 1952, President of Northwest PAC (Staff Recommendation) Reaooointment- Mobile Home Resident (Tenant) Cateaory: Doris J. Wallack Reaooointment-Cltv Resident Cateaorv: Joann Von Wald NOTE: Per Section 8.90.110(b) of the City Ordinance, Board Members must be from different parks. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. MC-726 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 8.90 TO TUB SAN BERNARDINO MUNICIPAL CODE RELATING TO MOBILE HOME RENTS THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 8.90 is hereby added to the San Bernardino Municipal Code to read as follows: "8.90.010. Title. This Ordinance may be cited as the Mobile Home Park Rent Stabilization Ordinance of the City of San Bernardino, California. 8.90.020. Statement of purpose. A. Mobile home owners have a substantial investment in their residences and appurtenances for which space is rented or leased. Alternate sites for relocation of mobile homes are difficult to find due to the shortage of vacant spaces, the restrictions of age, size, or style of mobile homes permitted in many parks, and related to the installation of mobile homes, including permits, landscaping and site preparation. Additionally, the cost of moving a mobile home is substantial, and the risk of damage in moving is significant. The result of these conditions is the creation of a captive market of mobile home owners and tenants. This immobility, in turn, contributes to the creation of a great imbalance in the bargaining relationship between park owners and mobile home park tenants in favor of the park owners. B. Because mobile homes are often occupied by senior JFW:DAB:ms{mobilehm.ord} 1 March 29, 1990 1 citizens, persons on fixed income and persons of 10'.. or moderate 2 income, exorbitant rent increases fall upon these individuals 3 with particular harshness. The continuing possibility of 4 unreasonable space rental increases in mobile home parks 5 threatens to diminish the value of the investment of the mobile 6 home owners. Further, existing state law permits mobile home 7 park owners to require mobile home owners to make modifications 8 to their homes for reasons of aesthetics or conformity to park 9 standards that amount to capital improvements which would accrue 10 to the benefit of the park owner by potentially increasing the 11 market value of the park itself. 12 C. This Council finds and declares it necessary to 13 facilitate and encourage fair bargaining between mobile home 14 owners and park owners in order to achieve mutually satisfactory 15 agreements regarding space rental rates in mobile home parks. 16 Absent such agreements, this Council further finds and declares 17 it necessary to protect the owners and residents of mobile homes 18 from unreasonable space rental increases while simultaneously 19 recognizing and providing for the need of park owners to receive 20 a just and reasonable return on their property. 21 D. Administration of this Ordinance shall be under the 22 general direction of the San Bernardino Mobile Home Rent Board. 23 8.90.030. Application. 24 The provisions of this title shall apply to all mobile home 25 residential rental units located within the City of San 26 Bernardino except if otherwise exempt from the provisions of this 27 title, as such exemptions are provided for hereinafter. Nothing 28 in this chapter shall be deemed to supersede any provision of JFW:DAB:ms{mobilehm.ord} 2 March 30, 1990 1 2 3 4 5 6 7 8 9 II 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 California Civil Code Section 798.15 et seq. 8.90.040. Definitions. In construing the provisions of this Ordinance, the following definitions shall apply: A. "Landlord" means any owner, lessor, operator or manager of a mobile home park. B. "Rent" means the consideration, including any bonus, benefit or gratuity, demanded or received by a landlord for the use and occupancy, including services and amenities, of a residential rental unit. C. "Residential rental unit" means any mobile home space occupied by any person other than the owner of the park for payment of rent pursuant to an oral or written lease, or other form of rental agreement. D. "Tenant" means any person entitled to occupy such mobile home unit pursuant to an oral or written lease with the owner thereof, or pursuant to some other rental agreement with the owner, lessor, operator or manager thereof. E. "Consumer Price Index or C.P.I." means the Index known as the "Consumer Price Index for all Urban Wage Consumers: for the Los Angeles - Long Beach - Anaheim Area," (base year, 1967), and if published for the San Bernardino - Riverside - Ontario Area for the year 1984, and thereafter. These documents are published by the United States Department of Labor Bureau of Labor Statistics. F. "Mobile Home." means a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the Vehicle Code. Mobile JFW:DAB:ms{mobilehm.ord} 3 March 29, 1990 r I 1 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 home does not include a "recreational vehicle" as defined in Section 799.24 of the Civil Code or a "commercial coach" as defined in ,Section 18218 of the Health and Safety Code. G. "Mobile Home Owner or Resident" means any person entitled to occupy a mobile home dwelling unit pursuant to ownership thereof or a rental or lease agreement with the owner thereof. H. "Mobile Home Park Owner" or "Park Owner" means the owner, lessor, operator, manager or designated agent thereof of a mobile home park; sometimes referred to as "owner." 1. "Mobile Home Space or Space" means 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. J. "Rent Increases" means any additional rent demanded of or paid by a tenant, including any reduction in housing services without a corresponding reduction in the monies demanded or paid for rent. K. "Rental Agreement" means an agreement between a mobile home park owner and tenant establishing the terms and conditions of a tenancy in a mobile home park. A lease is a rental agreement. L. "Space Rent" means the consideration, including any bonuses, benefits, or gratuities demanded or received for and in connection with the use or occupancy of a mobile home space within a mobile home park, or. for housing 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 JFW:DAB:ms{mobilehm.ord} 4 March 29, 1990 1 2 3 4 mobile llome space shall include the exercise of all rights and privileges and the use of facilities, services and amenities accruing t~the residents thereof. M. "Tenancy" means the right of a tenant to the use of a 5 mobile home site within a mobile home park on which to locate, 6 maintain, and occupy a mobile home, site improvements and 7 accessory structures; for human habitation, including the use of 8 the services and facilities of the mobile home park. 9 N. "Vacancy" means the condition deemed to have occurred 10 upon the removal of any mobile home from a mobile home park or 11 upon sale of a mobile home in place to a third party. 12 13 14 15 8.90.050. Exemptions from coverage. The provisions of this Ordinance shall not apply to the following: A. New Space or First Time Space Exemption - Space rent 16 or space rent increases for new mobile home spaces whether in 17 newly constructed parks or such spaces first rented after the 18 effective date of this Ordinance shall be exempt from the 19 provisions of this Ordinance to the extent that those rents would 20 have been controlled had the spaces been previously occupied. 21 There shall be no prospective exemption in such circumstances, 22 however, as to rents that may be increased annually under this 23 Ordinance after a space is first rented. In such cases, the base 24 date for purposes of determining permissible future rent 25 increases shall be the date of first rental or conveyance. 26 27 B. Vacancy Decontrol 1. Upon the re-renting of a rental unit which has 28 been voluntarily vacated by the previous tenant, or vacated JFW:DAB:ms{mobilehm.ord} 5 April 2, 1990 1 2 3 pursuant to California Civil Gode Section 798.56, the landlord may increase the rent to any amount. 2. Upon the re-renting of a rental unit which has 4 not been voluntarily vacated by the previous tenant, the base 5 rent and the base rent month shall remain unchanged, and the 6 maximum rent which may be charged shall be the same as if the 7 vacancy had not occurred. 8 3. A vacancy is voluntary: if, the tenant 9 voluntarily and without coercion by the landlord vacates the 10 rental unit or, if the tenant dies and there is no surviving 11 cohabitant. 12 4. All other vacancies are involuntary. When a 13 rental unit which has been involuntarily vacated is re-rented, 14 the landlord shall, not more than ten days after such re-renting, 15 give written notice to the new tenant of the base rent and the 16 base rent date of the previous tenant and that said base rent and 17 base rent date are applicable to the new tenant. 18 C. Space Rent Agreement Exemption - Any rental agreement 19 in excess of twelve-months duration which also meets all 20 criteria specified by Section 798.15 and Section 798.17 of the 21 California Civil Code, including, but not limited to, the tenant 22 notification requirement within the first paragraph of such 23, rental agreement, shall be exempt from the space rent ceiling 24 provisions of this Ordinance, but only during the term of such 25 rental agreement or one or more uninterrupted, continuous 26 extensions thereof. If such rental agreement is not extended and 27 no new rental agreement in excess of twelve-months duration is 28 I I I I I I I I I I I I I I / I I I I I I I I I I I I I I I JFW:DAB:ms{mobilehm.ord} 6 April 2, 1990 11 Ii I I 1 I ; 2 I I 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 entered into, then the last rental agreement shall be the base rent for purposes of this Ordinance. D. ..Lease Agreement Exemption - Section 8.90.080 of this Ordinance does not apply to any residential Rental unit for the rental of which the mobile home park owner and the tenants have mutually agreed to enter into a lease which conforms to the provisions of California Civil Code Section 798.15 et seq. E. Violation - It is hereby made a violation of law, punishable as a misdemeanor, for any person to perform any act of duress, menace, or undue influence with the intent of thereby obtaining the consent of any other person to enter into any lease for the occupancy of a residential rental unit. 8.90.060. Registration Within sixty (60) calendar days after the effective date of this Chapter, mobile home park owners are required to register all mobile home parks and mobile home rental spaces within such parks with the Board. The initial registration shall include: the name( s), business address(es), business telephone number(s) of each person or legal entity possessing an ownership interest in the park and the nature of such interest; the number of mobile home rental spaces within the park; a rent schedule reflecting space rents within the park on the effective date of this Ordinance; a listing of all other charges, including utilities not included in space rent, paid by mobile home. residents within the park and the approximate amount of each such charge; and .the name and address to which all required notices and correspondence may be sent. The Board is hereby empowered to establish procedures for JFW:DAB:ms{mobilehm.ord} 7 March 29, 1990 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 requiring such re-registration as it deems necessary and to charge a fee for such re-registration in an amount to be establishe8 by resolution of the Mayor and Common Council. No park owner shall be eligible to receive any rent ceiling adjustment as provided for under the provisions of this Chapter unless such current registration as may then be required for the mobile home park is on file with the Board at the time the petition for the rent ceiling adjustment is filed. The registration and re-registration requirements provided for in this section, or which may be hereafter established by the Board, shall apply to all mobile home parks including those exempt from the space rent ceiling limitation by reason of the existence of a valid space rent agreement. 8.90.070. Registration fee. A. At the time of initial registration or any subsequent '16 re-registration, mobile home park owners shall pay to the City of 17 San Bernardino such registration fee for each mobile home rental 18 space within the park as may be established by resolution of the 19 Mayor and Common Council. 20 B. If a park owner does not pay the fee provided for in 21 subsection A. above within the time period established therein, a 22 late charge shall be assessed in an amount equal to one dollar 23 ($1.00) for each mobile home rental space within the park for 24 each calendar month or fraction thereof that such payment is 25 delinquent. 26 C. No petition will be accepted from any park owner for a 27 space rent ceiling adjustment of any kind, no hearing or other 28 proceeding shall be scheduled or take place, and space rent JFW:DAB:ms{mobilehm.ord) 8 March 29, 1990 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 "26 27 28 1 2 ceiling adjustment granted or take effect for any mobile home park for which there is an unpaid registration bill. D. 'The Board is hereby directed to maintain an accurate 3 ' accounting of all direct and indirect costs of administering the regulations contained in this Ordinance. The Board shall submit a report to the Mayor and Common Council of such costs any recommendation for a change in the registration fee at least annually from and after the effective date of this Ordinance. 8.90.080. Space rent ceiling or maximum allowable space rent. Beginning the first month which commences following the day after the effective date of this Ordinance, .no mobile home park owner shall charge space rent for any mobile home space in an amount greater than the space rent in effect on December 31, 1988. The space rent in effect on that date shall be known as the "space rent ceiling." If there was no space rent in effect on December 31, 1988, the space rent ceiling shall be the space rent that was charged on the first date that space rent was charged after December 31, 1988. If a mobile home park is exempted from the application of this Ordinance by reason of the existence of a space rent agreement and this agreement expires, the space rent ceiling for that park shall be the space rent in effect on the date the agreement expires. 8.90.90. Space Rent ceiling adjustment - initial adjustment. A. No increase in space rent ceilings shall be permitted JFW:DAB:ms{mobilehm.ord} 9 March 29, 1990 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 except as provided for herein. B. Permissive Adjustment - A park owner shall be entitled to an initial permissive adjustment gross space rental income equal to eighty percent (80%) of the percentage increase in the Consumer Price Index (CPI) from the end of the base year (1988) to the date of application for the adjustment. The percentage increase in the CPI shall be calculated by subtracting the CPI reported for December, 1989, from the most recently reported monthly CPI preceding the application and than dividing this remainder by the December, 1989, CPl. 8.90.100. Space rent ceiling adjustment - annual adjustments. Commencing in calendar year 1990, park owners shall be entitled to the following annual adjustments. A. Permissive Adjustment - A park owner shall be 16 entitled to an annual permissive adjustment of gross space rental 17 income equal to eighty percent (80%) of the percentage increase 18 in the CPI from the date of the most recent initial or annual 19 adjustment to the date of application for the proposed 20 adjustment. 21 B. Net Operating Income Adjustment - In the event a 22 park owner believes he or she does not receive a just and 23 reasonable return on park property after receiving the maximum 24 permissive adjustment provided for above, said park owner may 25 file an application with the Board for an adjustment of the space 26 .rent ceiling, providing adequate justification for the proposed 27 increase. 28 A park owner shall be entitled to an adjustment of the JFW:DAB:ms{mobilehm.ord} 10 March 29, 1990 1 2 3 4 5 6 7 8 9 10 11 12 13 14 space rent ceiling so as to enable the park owner's Net Operating Income (NOI) for the subsequent year to be increased by a rate whj,ch, when added to the maximum permissible adjustment provided for above will give the park owner a just and reasonable return on park property. C. No annual adjustment shall become effective if a previous annual adjustment became effective within the previous twelve (12) months unless approved by the Board pursuant to Section 8.90.100 B. 8.90.110. Mobile Home Rent Board establishment and powers. A. Establishment - The Mobile Home Rent Board of the City of San Bernardino is hereby established. B. ' Composition - The Board shall consist of five (5) regular members and two (2) alternate members. One regular 15 member shall be a mobile home tenant who resides in the City of 16 San Bernardino; one member shall be a mobile home park owner, 17 operator, manager or designated agent of a mobile home park 18 located in the City of San Bernardino. The two alternate members 19 shall be a tenant from a different mobile home park other than 20 the regular tenant member and an owner, operator, manager or 21 designated agent from a different mobile home park than the 22 regular owner member. The remaining three (3) members shall be 23 residents of the City of San Bernardino who are not elected 24 officials, employees, relatives of elected officials or relatives 25 of employees of the City of San Bernardino, and who are neither 26 tenants, owners, operators, managers or designated agents of 27 mobile home parks and who have no conflicts of interests due to 28 relationship with same. Candidates for membership of the Board JFW:DAB:ms(mobilehm.ord} 11 March 29, 1990 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 sha11 submit a ver1fied statement 1isting a11 interests in any rea1 property or mobi1e home as defined in Section 798.3 of the Ca1ifornia Civi1 Code, inc1uding ownership, individua11y, joint1y, 1ega1 or equitab1e, and a11 sa1es of such property, or instruments secured by such property, within thirty (30) days of seeking appointment to the Board. C. Nomination and Appointment - The regu1ar tenant member and his or her respective a1ternate members sha11 be se1ected by the Mayor and Common Counci1 from a 1ist of five (5) nominations for the Board submitted by a genera1 association on beha1f of the various homeowners associations. The regu1ar mobi1e home park owner member and his or her respective a1ternate member sha11 be se1ected by the Mayor and Common Counci1 from a 1ist of five (5) nominations supp1ied by a general association on beha1f of the various mobi1e home park owners associations. The 16 Mayor and Common Counci1 sha11 nominate and appoint the three 17 remaining regu1ar Board members. A11 members of the Board sha11 18 be se1ected in accordance with app1icab1e City procedures. 19 20 21 22 2~ D. Term - Each regu1ar member of the Board sha11 serve for a term of two years except as otherwise provided herein. For the first Board, the one (1) tenant member and the one (1) owner member and three (3) at-1arge resident members sha11 be appointed for three (3)-year terms. Thereafter, the successors sha11 be 24 appointed for terms of two (2) years. Each regu1ar member sha11 25 ho1d office unti1 a new member has been du1y appointed. Each 26 a1ternate.member of the Board sha11 serve for a term of two (2) 27 years except as provided herein. Each a1ternate member sha11 28 hold office until a new a1ternate member has been du1y appointed. JFW:DAB:ms{mobi1ehm.ord} 12 March 29, 1990 1 2 3 4 5 6 If a vacancy occurs or an office becomes vacant other than by expiration of a term, it shall be filled by appointment as previously. prescribed herein for the unexpired portion of such member's term. Notwithstanding the above provisions of this paragraph, a member may be removed, at any time, with cause, by a ~ajority vote of the Mayor and Common Council. Further 7 notwithstanding the above provisions of this paragraph, any 8 member who is absent without sufficient cause from three (3) 9 consecutive meetings of the Board which such member was required 10 to attend shall be deemed to have vacated his office. 11 12 13 14 E. Meetings - To fulfill its function, the Board shall meet as often as it deems necessary, but at least one regularly scheduled public meeting shall be held every one hundred eighty (180) days; or, except as otherwise set forth herein, within 15 thirty (30) days of any request for hearing or arbitration held 16 hereunder, whichever is earlier. All members of the Board, 17 whether regulars or alternates, shall be required to attend all 18 Board meetings and hearings unless such member has been 19 disqualified from participation. All meetings of the Board shall 20 be conducted in accordance with the provisions of the Ralph M. 21 Brown Act. 22 F. Voting - The affirmative vote of three (3) members of 23 the Board is required for a decision, including all motions, 24 regulations, and orders of the Board. When a regular tenant 25 member or owner member is absent from a meeting, his or her 26 respective alternate member shall participate in the Board 27 proceedings in place of the absent regular member. An alternate 28 member shall have voting privileges only when acting in the stead JFW:DAB:ms(mobilehm.ord} 13 March 29, 1990 8 9 10 11 12 1 2 3 4 5 6 of an absent regular member. G. Quorum - Three (3) Board members shall constitute a quorum. . Powers and Duties of Board - The Board shall H. undertake and have the following duties, responsibilities, and functions, together with all powers reasonably incidental 7 thereto: 1. Adoption of Rules and Regulations. Subject to the approval of the Mayor and Common Council the Board may make and adopt its own administrative rules and regulations as may be necessary to effectuate the purposes and pOlicies of this Ordinance and to enable the Board to carry out its powers and 13 duties thereunder, so long as such rules and regulations are 14 consistent with the laws of the State, this Ordinance, and any 15 guidelines adopted by the Mayor and Common Council. Any such 16 rules and regulations shall be reduced to writing and be on file 17 with the Director of the Board at all times. 18 2. Director. The Mayor with the approval of the 19 Common Council shall appoint a Mobile Home Rent Director, 20 hereinafter referred to as "The Director", to administer and 21 carry out to the fullest extent possible the expressed intent and 22 purposes of this Ordinance. The Director shall be a full-time 23 employee of the City of San Bernardino and shall be a Division 24 Head of the City Administrator's Office. The Director shall be 25 responsible for the day-to-day operations of the Board. 26 3. Maintenance of Records. The Board shall keep a 27 record of its proceedings, which shall be open for inspection by 28 any member of the public. JFW:DAB:ms{mobilehm.ord} 14 March 29, 1990 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 4. Appointment of Committees, Mediators or Hearing Officers. The Board may appoint committees, mediators and hearing officers to hear matters on which testimony may be taken, which committees, mediators and hearing officers shall report to the Board the findings and results of any such hearing on a matter referred to such committee or person upon request. 5. Conduct Studies and Investigations. The Board shall have the power to make such studies, surveys, and investigations, conduct such hearings, and obtain such information as is necessary to carry out its powers and duties. 6. Require Registration and Registration Fees. The Board shall require such registration of mobile home parks and establish such registration fees as the Board may deem necessary to enable it to carry out its duties. 7. Approve Rent Increases. The Board may approve 16 I such adjustments in rent ceilings as provided for in this 17 Ordinance. 18 8. Evaluation. The Board shall render at least 19 semi-annually a comprehensive written report to the Mayor and 20 Common Council concerning the Board's activities, holdings, 21 actions, results of hearings, and all other matters pertinent to 22 this Ordinance. 23 9. Related Duties. The Board shall undertake such 24 other related duties as may be assigned by the Mayor and Common 25 Council. 26 1. Compensation - Each member of the Board shall be 27 enti tIed to such compensation as may be set by the Mayor and 28 Common Council, including reimbursement for reasonable expenses JFW:DAB:ms{mobilehm.ord} 15 March 29, 1990 II i I 1 I 2 I 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 incurred in the performance of their official duties. The Board shall not have any authority to expend or authorize the expenditures of any public funds, except with the prior express approval of the Mayor and Cornmon Council. J. Staff - The City Administrator shall provide all administrative staff necessary to serve the Board. The City Administrator shall provide a secretary to serve as secretary of the Director and shall be responsible for the maintenance of all records of the Board. The City Attorney or his/her designee shall act as legal counsel to the Board. 8.90.120. Petition by tenant. Any tenant of a mobile home rental space affected by this Ordinance, upon payment of such fling fee as shall be duly established, may petition the Board for a determination whether a proposed or actual action by the landlord of such tenant is legal, valid, and within the terms of this title. If the Board shall establish forms for such petitions, the petition shall be prepared and submitted upon such form. In the absence of such designated form, the petition shall contain the name, address and telephone number, if known, of the landlord, owner, manager, or other person authorized to represent the owner of the mobile home park, a brief statement of the facts giving rise to the request for interpretation or determination, and a statement that a copy of the petition has been personally served or mailed to the owner, manager or other person authorized to accept and receive notices to the landlord. 8.90.130. Petition by landlord. Any landlord of a mobile home park affected by this JFW:DAB:ms{mobilehm.ord} 16 March 29, 1990 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Ordinance may, upon payment of such filing fee as shall be duly established, petition the Board for a determination whether a particular course of action by said landlord is allowable, valid and in conformity with this Ordinance. The Board may designate forms for the filing of such petitions. In the event that no such form has been designated, the petition shall be in writing, and shall contain the name, address and telephone number, if any, of the person requesting the interpretation or opinion, the name and address of each tenant of a rental unit owned or managed by the person requesting the interpretation or opinion, if it is intended that such interpretation or opinion affects such rental unit, a brief statement of the facts giving rise to the request for interpretation or opinion, and a statement that a copy of such petition has been personally served upon or mailed to each such tenant who might be affected thereby. 8.90.140. Petition for hardship rent increase. A landlord, or any representative of the owner, lessor, 18 operator or manager of a mobile home park affected by this 19 Ordinance, upon payment of such filing fee as shall be duly 20 established, may petition the Board for a hardship increase of 21 the maximum rent permitted to be charged pursuant to this 22 Ordinance. If the Board shall designate a form for the filing of 23 such petition, such petition shall be filed upon such form. If 24 no such form shall be designated, such petition shall be in 25 writing, verified by the applicant, and shall contain the name, 26 address and telephone number of the applicant, the name and 27 address of the tenant of each rental unit which would be affected 28 if the petition were granted, a statement of the facts giving JFW:DAB:ms{mobilehm.ord} 17 March 29, 1990 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 rise to the petition for hardship increase in sufficient detail that, if established, such facts would demonstrate the existence of a hardship upon the landlord warranting such hardship increase. Within thirty (30) working days after the petition has been submitted to the Board for filing, petitioner shall be given notice of the time and place of the hearing, which notice together with a copy of the petition shall be served upon or mailed to each tenant of a rental unit which would be affected by the hardship increase if granted. When a declaration of service has been submitted to the Board, the petition for hardship rent increase shall be deemed filed. 8.90.150. Conduct of Board proceedings. A. Each party to a hearing may have assistance in presenting evidence or in setting forth by argument his position, from an attorney or such other person as may be designated by said party. B. Formal rules of evidence shall not apply in Board 19 shall be under oath. .proceedings; however, all oral testimony offered as evidence 20 21 22 2~ 24 25 26 27 28 C. In the event that any party shall fail to appear at the time and place set for hearing of a petition, the Board may hear and review such evidence as may be presented, and may make such findings and decisions as shall be supported by the evidence presented. D. The Board, shall make findings based on the evidence as to each fact relevant to the Board's d~cision on the petition. The decision of the Board shall be based upon the findings, and shall: JFW:DAB:ms{mobilehm.ord} 18 March 29, 1990 1 2 3 4 5 6 7 8 9 10 11 12 1. Determine whether the action or proposed action of a landlord is valid, permitted, and in conformity with this Ordinance; ,and/or 2. Determine whether a hardship exists, and if so, the nature and amount of relief to be granted or authorized to the landlord. E. The Board or its appointed Director shall meet to consider the evidence and arguments of the parties no later than thirty (30) days after the matter has been submitted for decision and shall make its final decision at the conclusion of its deliberations. No rent increase will be authorized unless supported by the evidence. A notice of the Board's decision 13 shall be sent to each party to a proceeding. Unless good cause 14 to the contrary shall appear, each decision of the Board shall 15 apply on a unit by unit basis, taking into account the 16 possibility of differences in base rent, services provided, and 17 other facts differentiating rental units. 18 F. Nothing in this Ordinance, or in any decision of the 20 19 Board, shall require any landlord to raise rents or charges to tenants. If an increase in the maximum permissible rent is 21 authorized, a landlord may raise rents or charges by a lesser 22 amount, or for a lesser time than is authorized by the decision 24 23 of the Board. G. The findings and decisions of the Board shall be 25 final administrative action. There shall be no right of appeal 26 to the Mayor and Common Council. Such findings and decisions 27 shall be public records, and may be certified by the secretary of 28 the Board, if any, or by the City Clerk. Each decision shall JFW:DAB:ms{mobilehm.ord} 19 April 2, 1990 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23. 24 25 26 set forth a notice as required by California Government Code Section 1094.6. The decision shall become effective upon mailing . to the parrty unless otherwise indicated at the hearing. This section supersedes Chapter 2.64 of the San Bernardino Municipal Code. 8.90.160. Priorities - Timeliness of Proceedings. A. The Board may establish categories of petitions or requests, and may set priorities for those categories deemed most urgent. In view of the protections provided for tenants elsewhere in this Ordinance, the highest priority for the proceedings of the Board shall be given to the category for petitions of landlords for hardship rent increase, and among such petitions, the highest priority shall be given to petitions based upon hardship alleged to be created by the landlord's payment of utilities or other necessary services used in rental units. B. The Board shall so arrange its affairs that each petition filed by a landlord seeking a hardship rent increase shall commence hearing not later than forty-five (45) days following the filing of such petition, and shall be determined not later than thirty (30) days following the close of evidence. If the Board shall deem it necessary in order to meet such time constraints, it shall request of the Mayor and Common Council the appointment of one or more hearing officers to hear such cases, make findings thereon, and recommend disposition thereof to the Board. 8.90.170. Hardship rent increase regulations. 27 For purposes of determining allowable hardship rent 28 increases, the rules and regulations set forth in this section JFW:DAB:ms{mobilehm.ord} 20 March 29, 1990 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 sha11 be used. In authorizing individua1 adjustments of the rent cei1ings, the Board, its hearing officers and the Director sha11 consider the purposes of this Ordinance and the requirements of 1aw. The Board may consider a11 re1evant factors including: increases or decreases in operating and maintenance expenses, the extent and cost of uti1ities paid by the owner, necessary and reasonab1e capita1 improvements of the park as distinguished from norma1 repair, rep1acement and maintenance, increases or decreases in amenities, equipment, insurance or services, substantia1 deterioration of the park other than as a resu1t of ordinary wear and tear, fai1ure on the part of the owner to provide adequate repair, housing services or.fai1ure on the part of the owner to comp1y with app1icab1e housing, hea1th and safety codes, federa1 and state income tax benefits, the specu1ative nature of the investment, whether or not the property as acquired or is he1d as a long term or short term investment, the owner's 17 rate of return on investment, the owner's current and base year 18 Net Operating Income and any other factors deemed relevant by the 19 Board, its Director, or its hearing officer in providing the 20 owner a fair return. 21 8.90.180. Net operating income. 22 Net Operating Income (NOI) shall be gross income 1ess 23 a110wable operating expenses. 24 25 26 8.90.190. Gross income. Gross Income equals: A. Gross rents, computed as gross rental income at 100% 27 paid occupancy, plus 28 B. Interest from rental deposits, unless direct1y paid by JFW:DAB:ms{mobilehm.ord} 21 March 29, 1990 I; 1 II 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the landlord to the tenants. c. Income from miscellaneous sources, including, but not limited tB, laundry facilities, vending machines, amusement devices, cleaning fees or services, garage and parking fees, plus D. All other income or consideration received or receivable for or in connection with the use or occupancy of rental units, E. Minus uncollected rents due to vacancy and bad debts to the extent that the same are beyond the landlord's control. 8.90.200. Allowable Operating Expenses. Operating expenses shall include the following: A. Real property taxes, B. utility costs, C. Management fees actually paid if management services are contracted for. If all or a portion of management services are performed by landlord, management fees shall include the reasonable value for such landlord performed services. Management fees greater than five percent (5%) of gross income are presumed to be unreasonable. Such presumption may be rebutted. D. Other reasonable management expenses, including, but not limited to, necessary and reasonable advertising, accounting and insurance. E. Normal repair and maintenance expenses, including, but not limited to, painting, normal cleaning, fumigation, landscaping, and repair of all standard services, including electrical, plumbing, carpentry, furnished appliances, drapes, JFW:DAB:ms{mobilehm.ord} 22 April 2, 1990 I' ,I ! 1 2 I 3 I I il 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 carpets, and furniture. F. Owner-performed labor, which shall be compensated at the following hourly rates upon documentation of the date, time, and nature of the work performed: 1. At the general prevailing rate of per diem wages for the San Bernardino area, for the specific type of work performed, as determined and published by the Director of the Department of Industrial Relations of the State of California pursuant to Section 1770 et seq of the Labor Code of the State of California. 2. I f no such general prevailing rate has bolen determined and published, then a cost per hour for general maintenance and a cost per hour for skilled labor as established by resolution of the Mayor and Common Council. Notwithstanding the above, a landlord may receive greater or lesser compensation for self-labor if the landlord proves by clear and convincing evidence that the amounts set forth above are substantially unfair in a given case. Owner performed labor in excess of 5% of Gross Income shall not be allowed unless the landlord proves by clear and convincing evidence that such excess labor expenses resulted in proportionately greater services for the benefit of tenants. G. License and registration fees required by law to the extent same are not otherwise paid by tenants. H. The yearly amortized portion of capital expenses including financing costs, computed in accordance with any useful life table utilized by the Internal Revenue Service. I. Reasonable attorneys fees and costs incurred as normal JFW:DAB:ms(mobilehm.ord} 23 March 29, 1990 , ~ 1 ~ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 a 24 25 26 27 28 and reasonable costs of doing business, including, but not limited to, good faith attempts to recover rents owing and good faith unlawful detainer actions not in derogation of applicable law, to the extent same are not recovered from tenants. 8.90.210. Operating expenses not allowable. Operating expenses shall not include the following: A. Avoidable and unreasonable or unnecessary expenses; B. Mortgage principal and interest payments; C. Lease purchase payments and rent or lease payments to landlord's lessor; D. Penalties, fees or interest assessed or awarded for violation of this or any other statute; E. Attorneys fees and other costs incurred for proceedings before the Board or in preparation. for such proceedings, or in connection with any civil actions or proceedings against the Board, or a decision, ruling, or order of the Board; F. Depreciation of the real property; G. Any expenses for which the landlord has been reimbursed by any security deposit, insurance settlement, judgment for damages, settlement, or any other method. 8.90.220. Presumption of fair base year net operating income. Except as provided in Section 8.90.230, it shall be presumed that the Net Operating Income produced by a park owner during the base year, provided a fair return on property. Owners shall be entitled to maintain and increase their Net Operating Income from year to year in accordance with Section 8.90.080 JFW:DAB:ms{mobilehm.ord} 24 March 29, 1990 1 2 3 8.90.230. Rebutting the presumption. It may be determined that the base year net operating income yi~ded other than a fair return on property, in which case, the base year Net Operating Income may be adjusted accordingly. In order to make such a determination, the Board or 4 5 6 7 its designee must make at least one of the following findings: A. The owner's operating and maintenance expenses in the 8 base year were unusually high or low in comparison to other 9 years. In such instances, adjustments may be made in calculating 10 such expenses so the base year operating expenses reflect average 11 12 13 expenses for the property over a reasonable period of time. The hearing officer shall consider the following factors: 1. The owners made substantial capital improvements 14 during 1988 which were not reflected in the rent levels on the 15 base date. 16 2. Substantial repairs were made due to damage 17 caused by natural disaster or vandalism which management has 18 taken appropriate action to reduce. 19 3. Maintenance and repair were below accepted 20 standards so as to cause significant deterioration in the quality 21 of housing services. 22 4. Other expenses were unreasonably high or low 23 notwithstanding the following of prudent business measures. 24 25 B. The rental rates on the base date were disproportionate due to enumerated factors below. In such 26 instances, adjustments may be made in calculating gross rents 27 consistent with the purpose of this Ordinance. 28 1. The rental rates on the base date were JFW:DAB:ms{mobilehm.ord} 25 March 29, 1990 1 subst~ntially higher or lower than in preceding mon~hs by reason 2 of premiums being charged or rebates being given for reasons 3 unique to particular units or limited to the period determining 4 the base rent. 5 2. The rent on the base date was substantially 6 higher or lower than at other times of the year by reason of 7 seasonal demand or seasonal variations in rent. 8 3. The rental rates on the base date were 9 exceptionally high or low due to other factors which would cause 10 the application of the base year net operating income to result 11 in gross inequity to either the owner or tenant. 12 8.90.240. Determination of base year net operating income. 13 A. To determine the Net Operating Income during the base 14 year, there shall be deducted from the annualized gross income 15 being realized in 1988, a sum equal to the actual operating 16 expenses for calendar year 1988, unless the owner demonstrates to 17 the satisfaction of the Board or its designee that the use of 18 some other consecutive 12-month period is justified by reasons 19 consistent with the purposes of this section. 20 B. In the event the owner did not own the subject 21 property during the base year, the operating expenses for 1988 22 shall be determined by one of the following methods, whichever tG the Board or its designee determines to be more reliable in the 24 particular case: 25 / / / / 26 / / / / 27 / / / / 28 / / / / JFW:DAB:ms{mobilehm.ord} 26. March 30, 1990 4 5 6 7 8 9 10 11 1 2 3 1. The previous owner's actual operating expenses as defined in Section 8.90.200 if such figures were available, or ,2. Actual operating expenses for the first calendar year of ownership, discounted to 1988 by the schedule. 8.90.250. Determination of current year net operating income. To determine the current year net operating income, there shall be deducted from the annualized gross income, determined by analyzing the monthly rents in affect at the time of filing of a petition, a sum equal to the actual operating expenses for the last calendar year (unless the owner demonstrates to ~he 12 satisfaction of the Board or its designee ~~at the use of some 13 other consecutive l2-month period is justified by reasons 14 consistent with the purposes of this section). 15 16 8.90.260. Schedule of increases in operating expenses. Where scheduling of rental increases, or other 17 calculations, require projections of income and expenses, it 18 shall be assumed that operating expenses, exclusive of property 19 taxes, and management expenses, increases at 5% per year, that 20 property taxes increase at 2% per year, and. that management 21 expenses constitute 5% of gross income, provided, however, that 22 if actual increases are greater or less than those listed in this 23 section, the actual increases shown according to proof shall be 24 the increases applicable. 25 26 8.90.270. Allowable rent increases. The Board, a hearing. officer or the Director may permit 27 rent increases, unless otherwise prescribed by law, such that the 28 owner's net operating income will be increased at the rate as JFW:DAB:ms{mobilehm.ord} 27 March 29, 1990 I' I I I 1 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 specified in Section 8.90.100 A. 2. 8.90.280. Discretionary considerations. While' the Net Operating Income formula should operate to guarantee a park owner a fair return on investment, the Director or hearing officer considering a request for rent increases shall consider all relevant factors presented in making a determination, as set forth in this Ordinance. 8.90.290. Limit on increases pending hearing or litigation. Notwithstanding any other provisions of this Ordinance, no increase in rents in a mobile home park shall be valid during the . time that any hearing or proceeding is being conducted pursuant to this Ordinance, nor shall such increase be valid during the period in which the Board's decision for that park is being reviewed by a Court of competent jurisdiction, except those the tenants shall be required to pay as the Permissible Adjustment as provided for under Section 8.90.090 B. No owner shall increase rents under this Ordinance if the owner: A. Has failed to comply with any provisions of this Ordinance and/or regulations issued thereunder by the Board or Mayor and Common Council, including any provisions requiring the payment of registration fees and registration penalties. B. Has failed to comply substantially with any applicable state or local housing, health or safety law. No owner shall increase rent unless the notice increasing rent contains a statement in substantially the foilowing form: "The undersigned (owner) certifies that this rental space and common areas of the park are not subject to any uncorrected citation or notices of JFW:DAB:ms{mobilehm.ord} 28 March 29, 1990 Ii II i 1 I , , I 2 I 3 I 4 r 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 violation of any state or local housing, health or safety laws issued by any government official or agency." If an owner fails to comply with this subsection, the tenant may refuse to pay the improperly noticed increase, may seek administrative or civil remedies under this Ordinance, and may raise the owner's non- compliance as an affirmative defense in any resulting unlawful detainer action. 8.90.300. Rent increases for reduction in services. A. No owner shall reduce the level or kind of services provided to tenants as of the date of adoption of this Ordinance or take any other punitive action in retaliation for the exercise by tenants of any of the righta granted by this ordinance. 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, 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) months 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. C. For purposes of Section 8.90.300 A. above, in determining cost savings to be passed on to tenants in the form JFW:DAB:ms{mobilehm.ord) 29 March 29, 1990 1 2 I 3 I 4 r 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2~ 24 25 26 27 28 of decreased rent, the cost of installation of separate utility meters, or similar costs incurred by the owner to shift the obligation ~or payment of utility costs to the tenants shall not be considered. However, this shall not be construed to prohibit or prevent the consideration of inclusion of such costs as an increased operating expense at mediation or arbitration. D. If a service other than a utility or similar service per subsection (A) above is reduced or eliminated, or if a utility or similar service is reduced or eliminated without a concomitant decrease in rent, the provisions of this Ordinance regarding petition and/or hearing shall apply subject to the following conditions. Any petition initiating mediation or hearing must be filed within twelve (12) months of the date on which the service was reduced or eliminated, and the reduction or elimination in services must continue to exist at the time of the hearing. Rent decreases shall only be granted prospectively. 8.90.310. Quantum of proof and burden of proof. The decision of the Board, its Director, or hearing officer must be supported by the evidence submitted at the hearing. The petitioning party shall have the burden of proof in such proceedings. 8.90.320. Appeal. Any party to a hearing shall be entitled to appeal the decision of the Director or the hearing officer to the Board. / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / I / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / JFW:DAB:ms{mobilehm.ord} 30 April 2, 1990 1 2 3 41 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 8.90.330. Filing of appeal. Any party seeking to appeal the decision of the Director or the hearin~ officer must file such written appeal within fifteen (15) days of the date of notice of the decision and must post a deposit of an amount sufficient to cover the cost of preparing the Hearing Record. 8.90.340. Appeal hearing. Upon the request of any party filing an appeal and depositing the sums required in Section 8.90.330 hereof, the Board shall schedule a hearing to be held within thirty (30) days of the filing of appeal and shall direct the Director to notify the parties of such hearing date. 8.90.350. Appellate review. The Board shall review the Hearing Record and hear the arguments of the parties at the appeal hearing, but shall limit its review to facts presented at the hearing before the hearing officer. 8.90.360. Time for appellate decision. The Board shall make a decision no later than five (5) days following the appeal hearing and notify the parties within ten (10) days following the Board's decision. 8.90.370. Finality of decision. The decision of the Board on appeal shall be final and binding. This section specifically supercedes Municipal Code 25 Chapter 2.64. 26 27 28 8.90.380. Judicial review. An owner or tenant aggrieved by any action of the Board may seek judicial review by appealing to the appropriate Court JFW:DAB:ms{mobilehm.ord} 31 March 29, 1990 1 2 3 4 5 6 7 8 9 10 11 12 13 14 within the jurisdiction. Sections 1094.5 and 1094.6 of the Code of Civil Procedure are applicable. 8.90.890. Termination of tenancy. A tenancy which is not held pursuant to a written rental agreement that conforms to the provisions of Section 798.15 et seq. of the California Civil Code shall be terminated only pursuant to Section 798.55 et seq. of the California Civil Code. 8.90.400. Remedies for violation. A. Civil Remedies - Any person who demands, accepts, or retains any payment in violation of any provision of this ordinance shall be liable in a civil action to the person from whom such payment is demanded, accepted, or retained for damages in the sum of three (3) times the amount by which the payment or payments demanded, accepted or retained exceed the maximum rent 15 which could lawfully be demanded, accepted, or retained, 16 together with reasonable attorney's fees and costs as determined 17 by the Court. 18 B. Criminal Remedies - It shall be unlawful for any owner 19 to adjust any rent in an amount in excess of that allowed under 20 this Ordinance or by order of the Board. Any owner who 21 willfully and knowingly violates any of the provisions of this 22 Ordinance or the orders of the Board shall be guil ty of a 23 misdemeanor. 24 C. Injunctive and Other Civil Relief - The Board, the 25 Director, the City, and the tenants and owners may seek relief 26 from the appropriate Court within the jurisdiction within which 27 the rental unit is located to enforce any provision of this 28 Ordinance or its implementing regulations or to restrain or JFW:DAB:ms{mobilehm.ord} 32 March 29, 1990 1 2 3 4 5 6 7 8 9 10 11 12 13 14 enjoi~ any vio~ation of this Ordinance and of the ru~es, regu~ations, orders and decisions of the Board. D. Non-waiver of Rights - Any waiver or purported waiver by a tenant of rights granted under this Ordinance prior to the time when such rights may be exercised, whether ora~ or written, sha~l be void as contrary to public policy. 8.90.410. Period review of ordinance. A. The Mayor and Common Council shall review the provisions of the Ordinance one year following the date of adoption thereof, and at any other time deemed appropriate, in order to consider the following: 1. Whether this ordinance continues to be necessary to protec~ the public health, safety, and welfare. 2. Whether the implementation of the provisions of 15 this Ordinance have been adequate; and 16 3. Whether the provisions of this Ordinance should 17 be amended to provide more effective regulations or to avoid 18 unnecessary hardship. 19 8.90.420. Severability. 20 If any provision( s) of this Ordinance or application 21 thereof to any person or circumstances is held inva~id, this 22 invalidity shall not affect other applications of this ordinance 23 which can be given effect without the invalid provision or 24 application, and to this end, the provisions of this Ordinance 25 are declared to be severable. 26 8.90.430. Ordinance to be liberally construed. 27 This Ordinance shall be liberally construed to achieve the 28 purposes of this Ordinance and to preserve its validity." JFW:DAB:ms{mobilehm.ord} 33 March 29, 1990 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AN O!tDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 8.90 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO MOBILE HOME RENTS. . California. I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at an Adiourned meeting thereof, held on the 9th day of ADril , 1990, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ESTRADA REILLY x FLORES x MAUDSLEY x MINOR x POPE-LUDLAM x MILLER The f~7g Of~"L- ~;1?&au.J City Clerk - ordinance is hereby approved this ~ day , 1990. Approved as to form and legal content: JAMES F. PENMAN, City Attorney B~7~ JFW:DAB:ms{mobi1ehm.ord} 34 March 29, 1990 ORDINANCE NO. /J!tJ-7"'~ AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 8.90.040.F. OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE APPLICABI~ITY OF THE MOBILE HOME PARK RENT STABILIZATION ORDINANCE TO CERTAIN RECREATIONAL VEHICLES. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Subsection F of Section 8.90.040 of the San Bernardino Municipal Code is hereby amended to read as follows: "F. 'Mobile Home' . means a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the Vehicle Code. Except as provided in Civil Code Section 799.48, Mohile Home does not include 'recreational vehicle' as defined in . Se~tion 799.24 of the Civil Code or a 'Commercial Coach' as defined in Section 18218 of the Health and Safety Code." 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 thereof, held on the d?~~ day of ~~~. 1990, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ESTRADA FLORES v- i/'" V-- V-- v--- REILLY MAUDSLEY MINOR POPE-LUDLAM MILLER DAB/ses/Vehicles.ord November 14, 1990 1 10 11 12 13 14 15 16 17 18 19 20 21 22 ~3 24 25 26 27 28 1 2 AN ORDINANCE. . .AMENDING SECTION 8.90.040.F. TO THE APPLICABILITY OF THE MOBILE HOME PARK RENT. . RELATING 3 4 5 6 7 8 9 a..~C~~ . The foregoing ordinance is hereby apprcved day of <?/~~ , 1990. ./ Approved as to form and legal content: JAMES F. PENMAN, City 'Attorney /~~I{Ah~_/ DAB/ses/Vehic1es.ord 2 November 14, 1990 10 11 12 13 14 15 16 17 18 19 20 21 22 2~ 24 25 26 27 28 1 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 STABI~IZATION. 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 5 6 SECTION 1. Subsection L of Section 8.90.040 of the San Bernardino Municipal Code is hereby amended to read as follows: 7 "L. 'Space Rent' means the consideration, including any 8 9 bonuses, benefits, or gratuities demanded or received for and in connection with the use or occupancy of a mobile home space within a mobile home park, or for housing 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 1 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MC-769 1 2 3 4 . Subsection A of this Section 8.90.050. 2. Subject to the provisions of Civil Code Section 5 6 7 8 9 798.17, 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." SECTION 3. / / Section 8.90.060 of the San Bernardino 26 Municipal Code is hereby amended to read as follows: 27 28 / DAB/ses/Mobihom2.ord February 13, 1991 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 / 20 / 21 / 22 / 23 / 24 / 25 / 26 / 27 / 28 MC-769 "B. If a mobile home park provides in the rent, without separate charge, utilities or similar services (including, but aot 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." / / / / / / / / / / / / / / / i / / DAB/ses/Mobihom2.ord February 13, 1991 . 3 I 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MC-769 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. 3 4 5 6 7 8 9 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at an ~~agUlled meeting thereof, held on the 11th day of March , 1991, by the fOllowing vote, to wit: Council Members: AYES X NAYS ABSTAIN ESTRADA x REILLY FLORES x MAUDSLEY x MINOR x , POPE-LUDLAM x MILLER x .".-. I "J't.. ;'-A;~ t',/\...:L4........\.,i...~~~ '-ci ty Clerk - The foregoing ordinance is hereby approved pMs /c1.I~day / ,/ of , 1991. March Approved as to form and legal content: /1/ ~/ ./ '- JAMES F. PENMAN, City Attorney ~ By: /<' A J / - DAB/ses/Mobihom2.ord February 13, 1991 4 10 11 12 13 14 15 16 17 18 19 20 21 22 2~ 24 25 26 27 28 1 ORDINANCE NO. Me-79B 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 8.90.170 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO 3 HARDSHIP MQBILE HOME RENT INCREASES. 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 5 6 7 SECTION 1. Chapter 8.90 of the San Bernardino Municipal Code regulates rate increases in Mobile Home Parks pursuant to the findings and conclusions stated therein. In addition to 8 automatic rent increases Chapter 8.90 allows hardship rent 9 increases as approved by the Mobile Home Rent board to allow the Mobile Home Park owner to pass on to the Mobile Home owner unanticipated increased costs of doing business and of providing the services which benefit the Mobile Home Owner. The Mayor and Common Council do hereby find and conclude that a property tax reassessment under California Constitution Article XIII A, Section 2 and Revenue and Taxation Code Section 50et seq. and Section 60 et seq. due to the purchase of the Mobile Home Park by the Mobile Home Park owner is an anticipated cost of doing business and is a cost that is taken into consideration when deciding to purchase the Mobile Home Park. For the purposes of Chapter 8.90, such cost shall not be considered in the review of a hardship rent increase application. SECTION 2. Section 8.90.170 of the San Bernardino Municipal Code is hereby amended to read as follows: "8.90.170. Hardship Rent Increase Regulations For purposes of determining allowable hardship rent increases, the rules and regulations set forth in this Section shall be used. In authorizing individual DAB/ses/MobiHom2.ord May 16, 1991 1 Me-a9B 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2~ 24 25 26 / 27 / 28 / adjustments of the rent ceilings, the Board, its hearing officers and the Director shall consider the purposes of this.Ordinance and the requirements of law. The Board may consider all relevant factors including: increases or decreases in operating and maintenance expenses, the extent and cost of utilities paid by the owner, necessary and reasonable capital improvements of the park as distinguished from normal repair, replacement and maintenance, increases or decreases in amenities, equipment, insurance or services, substantial deterioration of the park other than as a result of ordinary wear and tear, failure on the part of the owner to provide adequate repair, housing services or failure on the part of the owner to comply with applicable housing, health and safety codes, federal and state income tax benefits, the speculative nature of the investment, whether or not the property as acquired or is held as a long term or short term investment, the owner's rate of return on investment, the owner's current and base year Net Operating Income and any other factors deemed relevant by the Board, its Director, or its hearing officer in providing the owner a fair return. A sale of a mobile home park by the owner, subsequent to June 3, 1991, which results in a Proposition 13 tax increase, cannot be a factor to be considered in a hardship request for a rent increase by the new owners." / / / / / / DAB/ses/MobiHom2.ord May 16, 1991 2 9 10 11 12 13 14 15 16 17 18 19 20 21 MCh:Z98 1 AN ORDINANCE...RELATING TO HARDSHIP MOBILE HOME RENT INCREASES. 2 3 . 4 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Common Council of the City of San 5 6 7 8 Bernardino at a regular meeting thereof, held on the 1st day of July , 1991, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ESTRADA X REILLY x HERNANDEZ x MAUDSLEY X MINOR x POPE-LUDLAM x MILLER x C{~1~ The foregoing day of July ordinance is hereby , 1991.~ w. R. H01~omb, ~ayor City of San Bernardino 22 Approved as to form and legal content: 23 24 25 26 27 28 JAMES F. PENMAN, City Attorney By: J~tA_'~/?t.~ ) /~ DAB/ses/MobiHom2.ord June 5, 1991 3 1-- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Me-802 ORDINANCE NO. AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN BERNARDINO MUNICIPAL CODE SECTIONS 8.90.040 AND 8.90.050 RELATING 'lI0 LONG TERM LEASES UNDER THE MOBILE HOME PARK RENT STABILIZATION ORDINANCE, AND ESTABLISHING THE URGENCY THEREOF. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Subsection D of Section 8.90.040 of the San Bernardino Municipal code is hereby amended to read as follows: "D. 'Tenant' means any person entitled to or proposing to occupy such mobile home unit or space pursuant to an oral or wri tten lease with the owner thereof, or pursuant to some other rental agreement with the owner, lessor, operator or manager thereof." SECTION 2. Subsection E of Section 8.90.050 of the San Bernardino Municipal Code is hereby renumbered as Subsection F. SECTION 3. Subsection E is hereby added to Section 8.90.050 of the San Bernardino Municipal Code to read as follows: "E. Before any rental agreement or lease agreement in excess of 12 months is executed by an existing or prospective tenant the landlord must (1) offer the tenant the option of a rental agreement for a term of 12 months or less, (2) provide the tenant with a copy of the Mobile Home Park Rent Stabilization Ordinance, and (3) inform the tenant both orally and in writing that if the tenant signs a lease agreement or rental agreement with a term in excess of 12 months, the lease agreement or rental agreement may not be subject to the DAB/ses/MobiHom3.ord 1 July 3, 1991 MC-802 1 terms and protections of the Mobile Home Park Rent 2 stabilization Ordinance." 3 SECT~ON 4. URGENCY. The Mayor and Common Council do hereby 4 find that pursuant to an unintended provision in SB 2009 (Chapter 5 1046 of the Statutes of 1990), some mobile home park owners were 6 requiring that prospective tenants execute long term leases in 7 order to move into the parks, thus taking such spaces out of the 8 protection of the City I s Mobile Home Park Rent Stabilization 9 Ordinance (San Bernardino Municipal Code Chapter 8.90), and 10 severely limiting the housing options available to these 11 prospective tenants. By the passage of S5 132 (Chapter 24 of the 12 Statutes of 1991) the legislature eliminated this unintended 13 provision and allowed local jurisdictions to extend the protection 14 of their Mobile Home Rent Control Ordinances to these prospective 15 tenants as well. The Mayor and Common Council do hereby find that 16 it is in the best interests of the citizens of the City of San 17 Bernardino to assist those who are seeking housing in mobile home 18 parks to have every option available under the law. The Mayor and 19 Common Council do further find that many such tenants and 20 prospective tenants are elderly andlor on fixed means and need the 21 opportunity to protect their incomes. In order to protect the 22 public health, safety and welfare it is necessary that this 23 ordinance take effect immediately to insure that prospective 24 mobile home park tenants are not unnecessarily required to sign 25 long term leases without the full benefit of choice that the law 26 allows. 27 III 28 III DAB/ses/MobiHom3.ord 2 July 3, 1991 MC-B02 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ~ 24 25 26 27 28 AN ORDINANCE.. . RELATING TO LONG TERM LEASES UNDER THE MOBILE HOME PARK RENT STABILIZATION ORDINANCE. I HE"REBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Couunon Council of the City of San regular meeting thereof, held on the 15th Bernardino at a day of July , 1991, by the following vote, to wit: NAYS Council Members: AYES ABSTAIN ESTRADA x REILLY x HERNANDEZ x MAUDSLEY x MINOR x POPE-LUDLAM x MILLER x CiCj~ ~ of The foregoing ordinance is hereby approv;a:thiS / July 99 . ,l 1. /~. ),./7:/7.... / / / ~ ,'. / /1.--"" w. R. He>a.comb,/Mayor City of San Bernardino 16th day Approved as to form and legal content: JAMES F. PENMAN, City Attorney BY~ DAB/ses/MobiHom3.ord July 3, 1991 3 r-- C I T Y 0 F SAN B ERN A R DIN 0 INTEROFFICE MEMORANDUM CITY CLERK'S OFFICE DATE: November 13, 1991 TO: Citt Clerk's Staff FROM: Rachel Krasney, City Clerk SUBJECT: The Development Code --------------------------------------------------------------- As you all know this spring the new Development Code was adopted by the Mayor and Common Council. This new Development Code was adopted in the following manner. Urgency Ordinance MC-781 Adopted: April 22, 1991 Effective: June 3, 1991 through June 6, 1991 ~ Ordinance MC-782 Adopted: Effective: May 3, 1991 June 3, 1991 It has come to my attention that several staff members have been unclear as to the changes these two ordinances enacted. The following chapters/subchapters have been reDea1ed by the Development Code: 15.32 -- 15.52 -- 15.56 -- 15.72 -- 17.04 Chapter 18 -- Chapter 19 The following chapter/subchapter have been amended only by the Development Code: 15.20.030 and 15.20.040 Melanie has taken care of updating the counter copy of the municipal code and copy of the municipal code available in the xerox room for your copying use. Please be aware that since it has been some time since a municipal code supplement has been issued, when using either the counter copy or the xerox copy room municipal code you will need to check the index page at the front of each chapter to be sure that the section you are researching has not been amended. The index page at the front of each chapter will list the ordinance number and section the ordinance updates. Be sure to make the necessary changes in the municipal code located at your work station. Should you have any questions on this please do not hesitate to contact me. R~~~ City Clerk RK:mav 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 . 16 17 18 19 20 21 22 \23 24 25 26 27 28 ORDINANCE NO. Me-BI9 AN ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING SUBSECTION 8.90.050.B.2. OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TB ALLOWED RENTAL RATE INCREASES UPON THE SALE OF MOBILE HOMES IN MOBILE HOME PARKS THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Subsection 8.90.050.B.2 of the San Bernardino Municipal Code is hereby repealed. III III III III III III III III III III III III III III III III III III III III III DAB/js/Increase.Ord 1 MC-819 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AN ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING SUBSECTION 8.90.050.B.2. OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ALLOWED RENTAL RATE INCREASES UPON THE SALE OF MOBILE HOMES IN MOBILE HOME PARKS . I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a regular meeting thereof, held on the3~ day of February , 1992, by the following vote, to wit: AYES NAYS ABSTAIN ABSENT x X x x x x x CiC4-= %'~<A--'~ Council Members: ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER {II-..- day The foregoing ordinance 1S hereby approved this of ....- . 1992. / '.')~'- t 'L / W.iR. ~olcomb, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney ~.L DAB/js/Increase.Ord 2 I _J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. Me-827 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SUBSECTION 8.90.050.B.2 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE ALLOWED R!NTAL RATE INCREASES UPON THE SALE OF MOBILE HOMES IN MOBILE HOME PARKS AND DECLARING THE URGENCY THEREOF. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Subsection 8.90.050.B.2 is hereby added to the San Bernardino Municipal Code to read as follows: "2. Subject to the provisions of Civil Code S798.l7, if the mobile home is sold and is to remain on site, the landlord may only increase the rental rate to the new owner by the amount which would have been allowed pursuant to this chapter if the mobile home had not been sold." SECTION 2. URGENCY. The Mayor and Common Council do hereby find that due to the federal court decisions of Hall v Santa Barbara (1986) 833 F2d 1270, and Azul Pacifico, Inc. v City of Los Angeles (1991) 948 F 2d 575, the City did in February of this year repeal the vacancy control protection for its citizens in Mobilehome Parks in order to protect the City from possibly significant damages should the current lawsuit filed by park owners against the City result in an adverse decision. It was understood that this issue was under review by the United States Supreme Court in Yee v Escondido and if the decision were favorable the vacancy control protection would be reinstituted as soon as possible. On April 1, 1992 the Supreme Court issued its opinion in Yee rejecting the "physical taking" theory espoused in Hall and Azul Pacifico and upholding Escondido's ordinance. The Mayor and Common Council do hereby find that it is in the best DAB/ses/Rate.ord 1 April 2. 1992 MC-827 1 interests of the citizens of the City of San Bernardino to assist 2 those who are seeking to sell their mobilehomes and those who are 3 seeking t~buy such homes to have the same fair rental protection 4 as is afforded to those who remain in their mobilehomes without 5 sale. The Mayor and Common Council do further find that many such 6 tenants (both buyers and sellers) are elderly and lor on fixed 7 means and need the opportunity to protect their incomes. To delay 8 the implementation of this ordinance would be to allow 9 unnecessary, unjustified and possibly financially. devastating 10 rental increases while the Supreme Court has determined that 11 mobilehome rental protection is legal. In order to protect the 12 public health, safety and welfare it is necessary that this 13 ordinanc:e take effect immediately to insure that prospective 14 sellers and buyers of mobilehomes be protected in the value of 15 their investments and that the rents charged be maintained at a 16 fair and equitable level. 17 III 18 I I I 19 III 20 III 21 I I I 22 III 23 III 24 I I I 25 III 26 III 27 III 28 III DAB/ses/Rate.ord 2 April 2. 1992 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MC-827 1 AN ORDINANCE.. .ADDING SUBSECTION 8.90.050.B.2 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE ALLOWED RENTAL RATE 2 INCREASES UPON THE SALE OF MOBILE HOMES IN MOBILE HOME PARKS AND DECLARING THE URGENCY THEREOF. . I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 6th day of April , 1992, by the following vote, to wit: Council Members: ESTRADA AYES NAYS x x x x x x x ABSTAIN ABSENT REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER C~~~ The foregoing ordinance is hereby approv-d~this~ day of April , 1992. Approved as to form and legal content: JAMES F. PENMAN, City Attorney B~~ DAB/ses/Rate.ord 3 April 2. 1992 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ORDiNANCE NO. Mr-R61i AN ORDiNANCE OF THE CiTY OF SAN BERNARDiNO AMENDiNG CHAPTER 8.90 OF THE SAN BERNARDiNO MUNiCiPAL CODE RELATiNG TO MOBiLE HOME PARK RENT~TABiLiZATiON. THE MAYOR AND COMMON COUNCiL OF THE CiTY OF SAN BERNARDiNO DO ORDAiN AS FOLLOWS: SECTiON 1. Chap~er 8.90 of the San Bernardino Municipal Code is hereby amended ~o read as follows: "8.90.010. Title. This Chapter may be cited as the Mobile Horne Park Rent stabilization Ordinance of the City of San Bernardino, California. 8.90.020. statement of purpose. A. Mobile home owners have a substantial investment in their residences and appurtenances for which space is rented or leased. Al ternate sites for relocation of mobile homes are difficult to find due to the shortage of vacant spaces, the restrictions of age, size, or style of mobile homes permitted in many parks, and related to the installation of mobile homes, including permits, landscaping and site preparation. Additionally,' the cost of moving a mobile home is substantial, and the risk of damage in moving is significant. The result of these conditions is the creation of a captive market of mobile home owners and tenants. This 24 25 26 27 28 immobili ty, in turn, contributes to the creation of a great imbalance in the bargaining relationship between park owners and mobile home park tenants in favor of the park owners. B. Because mobile homes are often occupied by senior citizens, persons on fixed income and persons of low or moderate OAB/ses/Mobile-S.ord 1 November 6. 1992 1--- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ~ 23 24 25 26 27 28 MC-865 income, exorbitant rent adjustments fall upon these individuals with particular harshness. The continuing possibility of unreasonabne space rental adjustments in mobile home parks threatens to diminish the value of the investment of the mobile home owners. Further, existing state law permits mobile home park owners to require mobile home owners to make modifications to their homes for reasons of aesthetics or conformity to park standards that amount to capital improvements which would accrue to the benefit of the park owner by potentially increasing the market value of the park itself. C. This Council finds and declares it necessary to facili tate and encourage fair bargaining between mobile home owners and park owners in order to achieve mutually satisfactory agreements regarding space rental rates in mobile home parks. Absent such agreements, this Council further finds and declares it necessary to protect the owners and residents of mobile homes from unreasonable space rental adjustments while simultaneously recognizing and providing for the need of park owners to receive a just and reasonable return on their property. D. Administration of this Chapter shall be under the general direction of the San Bernardino Mobile Home Board. 8.90.030. Application. The provisions of this Chapter shall apply to all mobile home residential rental spaces located within the City of San Bernardino except if otherwise exempt from the provisions of this title, as such exemptions are provided for hereinafter. Nothing in this chapter shall be deemed to supersede any provision of California Civil Code Section 798.15 et seq. DAB/ses/Mobile-S.ord 2 November 6. 1992 MC-865 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8.90.040. Definitions. In construing the provisions of this Chapter, the following~efinitions shall apply: A. "Landlord" means any owner, lessor, operator or manager of a mobile home park. B. "Rent" means the consideration, including any bonus, benefit or gratuity, demanded or received by a landlord for the use and occupancy, including services and amenities, of a residential rental space. C. "Residential rental space" means any mobile home space occupied by any person other than the owner of the park for payment of rent pursuant to an oral or written lease, or other form of rental agreement. D. "Tenant" means. any person entitled to or proposing to occupy such mobile home space pursuant to an oral or written lease with the owner thereof, or pursuant to some other rental agreement with the owner, lessor, operator or manager thereof. E. "Consumer Price Index" or "C.P.I." means the Index known as the "Consumer Price Index for all Urban Wage Consumers: for the Los Angeles - Long Beach - Anaheim Area," (base year, 1967), and if published for the San Bernardino - Riverside _ Ontario Area for the year 1984, and thereafter. These documents are published by the United States Department of Labor Bureau of Labor Statistics. F. "Mobile Home" means a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the Vehicle Code. Except as provided in Civil Code Section 799.48, mobile home does not include DAB/ses/Mobile-5.ord 3 November 6. 1992 1 2 S 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MC-865 "recreational vehicle" as defined in Section 799.24 of the Civil Code or a "commercial coach" as defined in Section 18218 of the Health and Safety Code. G. "Mobile Home Owner" or "Resident" means any person enti tIed to occupy a mobile home dwelling space pursuant to ownership thereof or a rental or lease agreement with the owner thereof. H. "Mobile Home Park Owner" or "Park Owner" means the owner, lessor, operator, manager or designated agent thereof of a mobile home park: sometimes referred to as "owner." 1. "Mobile Home Space or Space" means the site wi "thin 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. J. "Rent Adjustments" means any rent increase or decrease demanded of or paid by a tenant, including any reduction in housing services without a corresponding reduction in the monies demanded or paid for rent. K. "Rental Agreement" means an agreement between a mobile home park owner and tenant establishing the. terms and conditions of a tenancy in a mobile home park. A lease is a rental agreement. L. "Space Rent" means the consideration, including any bonuses, benefits, or gratuities demanded or received for and in connection with the use or occupancy of a mobile home space within a mobile home park, or for housing 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 DAB/ses/Mobile-S.ord 4 November 6. 1992 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MC-865 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. M. "Tenancy" means the right of a tenant to the use of a mobile home site wi thin a mobile home park on which to locate, maintain, and occupy a mobile home, site improvements and accessory structures; for human habitation, including the use of the services and facilities of the mobile home park. N. "Vacancy" means the condi "bion deemed to have occurred upon the removal of any mobile home from a mobile home park. 8.90.050. Exemptions from coverage. The provisions of this Ordinance shall not apply to the following: A. New Space or First Time Space Exemption - Space rent or space rent adjustments for new mobile home spaces whether in newly constructed parks or such spaces first rented after the effective date of this Chapter shall be exempt from the provisions of this Chapter to the extent that those rents would have been controlled had the spaces been previously occupied. There shall be no prospective exemption in such circumstances, however, as to rents that may be adjusted annually under this Chapter after a space is first rented. In such cases, the base date for purposes of determining permissible future rent adjustments shall be the date of first rental or conveyance. DAB/ses/Mobile-S.ord 5 November 6. 1992 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MC-865 B. Vacancies 1. If the mobile home space is voluntarily vacated by the tenant, or vacated pursuant to California Civil Code Section 798.56, the landlord may adjust the rental rate to any amount as provided in 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 only increase the rental rate to the new owner by the amount which would have been allowed pursuant to this Chapter if the mobile home had not been sold. 3. Upon the re-renting of a rental space 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 space or, if the tenant dies and there is no surviving cohabitant. 5. All other vacancies are involuntary. When a. rental space which has been involuntarily vacated is re-rented, the landlord shall, not more than ten (10) days after such re- renting, give written 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. C. Space Rent Agreement Exemption Any rental agreement in excess of twelve-months duration which also meets all criteria specified by Section 798.15 and Section 798.17 of the DAB/ses/Mobile-S.ord 6 November 9. 1992 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MC-865 California Civil Code, including, but not limited to, the tenant notification requirement within the first paragraph of such rental agreement~ shall be exempt from the space rent ceiling provisions of this Chapter, but only during the term of such rental agreement or one or more uninterrupted, continuous extensions thereof. If such rental agreement is not extended and no new rental agreement in excess of twelve-months duration is entered into, then the last rental agreement shall be the base rent for purposes of this Chapter. D. Lease Agreement Exemption - Section 8.90.080 of this Chapter does not apply to any residential rental space for the rental of which the mobile home park owner and the tenants have mutually agreed to enter into a lease which conforms to the provisions of California Civil Code Section 798.15 et seq. E. Before any rental agreement or lease agreement in excess of 12 months is executed by an existing or prospective tenant the landlord must (1) offer the tenant the option of a rental agreement for a term of 12 months or less, (2) provide the tenant with a copy of the Mobile Home Park Rent Stabilization Ordinance, and (3) inform the tenant both orally and in writing that if the tenant signs a lease agreement or rental agreement with a term in excess of 12 months, the lease agreement or rental agreement may not be subject to the terms and protections of the Mobile Home Park Rent Stabilization Ordinance. F. Violation - It is hereby made a violation of law, punishable as a misdemeanor, for any person to perform any act of duress, menace, or undue influence with the intent of thereby obtaining the consent of any other person to enter into any lease DAB/ses/Mobile-S.ord 7 November 6, 1992 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 1 23 24 25 26 27 28 MC-865 for the occupancy of a residential rental space. 8.90.060. Registration . Wi thin sixty (60) calendar days after the effective date of this Chapter, mobile home park owners are required to register all mobile home parks and mobile home rental spaces within such parks with the Board. The initial registration shall include: the name(s), business addressees), business telephone number(s) of each person or legal entity possessing an ownership interest in the park and the nature of such interest; the number of mobile home rental spaces within the park; a rent schedule reflecting space rents within the park on the effective date of this Chapter; a listing of all other charges, including utilities not included in space rent, paid by mobile home residents within the park and the approximate amount of each such charge; and the name and address to which all required notices and correspondence may be sent. The Board is hereby empowered to establish procedures for requiring such re-registration as it deems necessary. No park owner shall be eligible to receive any rent ceiling adjustment as provided for under the provisions of this Chapter unless such current registration as may then be required for the mobile home park is on file with the Board at the time the petition for the rent ceiling adjustment is filed. The registration and re-registration requirements provided for in this section, or which may be hereafter established by the Board, shall apply to all .mobile home parks including those exempt from the space rent ceiling limitation by reason of the existence of a valid space rent agreement. DAB/ses/Mobile-5.ord 8 November 6. 1992 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MC-865 8.90.080. Space rent ceiling or maximum allowable space rent. . Beginning the first month which commences following the day after the effective date of this Chapter, no mobile home park owner shall charge space rent for any mobile home space in an amount greater than the space rent in effect on December 31, 1988. The space rent in effect on that date shall be known as the "space rent ceiling." If there was no space rent in effect on December 31, 1988, the space rent ceiling shall be the space rent that was charged on the first date that space rent was charged after December 31, 1988. If a mobile home park is exempted from the application of this Chapter by reason of the existence of a space rent agreement and this agreement expires, the space rent ceiling for that park shall be the space rent in effect on the date the agreement expires. 8.90.90. Space Rent ceiling adjustment - initial adjustment. A. No . adjustment in space rent ceilings shall be permitted except as provided for herein. B. Permissive Adjustment - A park owner shall be entitled to an initial permissive adjustment gross space rental income equal to eighty percent (80%) of the percentage increase in the Consumer Price Index (CPI) from the end of the base year (1988) to the date of application for the adjustment. The percentage adjustment in the CPI shall be calculated by subtracting the CPI reported for December, 1989, DAB/ses/Mobile-S.ord 9 November 6. 1992 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 KC-865 from the most recently reported monthly CPI preceding the application and then dividing this remainder by the December, 1989, CPII 8.90.100. Space rent ceiling adjustment - annual adjustments. Commencing in calendar year 1990, park owners shall be entitled to the following annual adjustments. A. permissive Adjustment - A park owner shall be entitled to an annual permissive adjustment of gross space rental income equal to eighty percent (80%) of the percentage adjustment in the CPI from the date of the most recent initial or annual adjustment to the date of application for the proposed adjustment. B. Net Operating Income Adjustment 1. In the event a park owner believes he or she does not receive a just and reasonable return on park property after receiving the maximum permissive adjustment provided for above, said park owner may upon payment of a filing fee established by resolution of the Mayor and Common Council, file an application with the Board for an adjustment of the space rent ceiling, providing adequate justification for the proposed increase. 2. If the Board shall designate a form for the filing of such petition, such petition shall be filed upon such form. If no such form shall be designated, such petition shall be in writing verified by the applicant, and shall contain the names, address and telephone number of the applicant, the name and address of the tenant of each rental space which would be affected if the petition were granted, a statement of the facts giving rise DAB/ses/Mobi.le-S.ord 10 November 6, 1992 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MC-865 to the petition for an NOI adjustment in sufficient detail that, if established, such facts would demonstrate the existence of a decrease in the NOI warranting such NOI adjustment. Within thirty (30) working days after the petition has been submitted to the Board for filing, petitioner shall be given notice of the time and place of the hearing, which notice together with a copy of the petition shall be served upon or mailed to each tenant of a rental space which would be affected by the NOI adjustment if granted. When a declaration of service has been submitted to the Board, the petition for an NOI adjustment shall be deemed filed. 3. A park owner shall be entitled to an adjustment of the space rent ceiling so as to enable the park owner's. Net Operating Income (NOI) for the subsequent year to be increased by a rate which, when added to the maximum permissible adjustment provided for above will give the park owner a just and reasonable return on park property. C. No annual adjustment shall become effective if a previous annual adjustment became effective within the previous twelve (12) months unless approved by the Board pursuant to Section 8.90.100 B. 8.90.105 Required Certification on Rental Adjustment Notice. The Board shall have the right to deny any rent adjustments under this Chapter if the owner: A. Has failed to comply with any provisions of this Chapter and/or regulations issued thereunder by the Board or the Mayor and Common Councilor any other federal, state or City law, ordinance or regulation concerning mobile home parks. DAB/ses/Mobile-S.ord 11 November 9. 1992 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MC-865 B. Has failed to comply substantially with any applicable state or local housing, health or safety law. . 8.90.110. Mobile Home Rent Board establishment and powers. A. Establishment - The Mobile Home Board of the City of San Bernardino is hereby established. B. Composition - The Board shall consist of five (5) regular members and two (2) alternate members. One regular member shall be a space tenant who resides in the City of San Bernardino; one member shall be a mobile home park owner, operator, manager or designated agent of a mobile home park located in the City of San Bernardino. The two alternate members shall be a space tenant from a different mobile home park other than the regular space tenant member and an owner, operator, manager or designated agent from a different mobile home park than the regular owner member. The remaining three (3) members shall be residents of the City of San Bernardino who are not elected officials, or employees, relatives of elected officials of t~e City of San Bernardino, and who are neither tenants, owners, operators, managers or designated agents of mobile home parks and who have no conflicts of interests due to relationship with same. Candidates for membership of the Board shall submit a verified statement listing all interests in any real property or mobile home as defined in Section 798.3 of the California Civil Code, including ownership, individually, jointly, legal or equitable, and all sales of such property, or instruments secured by such property, within thirty (30) days of seeking appointment to the Board. III DAB/ses/Mobile-S.ord 12 November 9. 1992 1 2 3 .{ 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 '23 24 25 26 27 28 MC-865 C. Nomination and Appointment - The regular space tenant member and his or her respective alternate members shall be selected -by the Mayor and Common Council from a list of nominations, if any, for the Board submitted by mobile home residents. The regular mobile home park owner member and his or her respective alternate member shall be selected by the Mayor and Common Council from a list of nominations, if any, supplied by a general association on behalf of the various mobile home park owners associations. The Mayor and Common Council shall nominate and appoint the three remaining regular Board members. All members of the Board shall be selected in accordance with applicable City procedures. D. Term - Each regular member of the Board shall serve for a term of two years except as otherwise provided herein. For the first Board, the one (1) space tenant member and the one (1) owner member and three (3) at-large resident members shall be appointed for three (3)-year terms. Thereafter, the successors shall be appointed for terms of two (2) years. Each regular member shall hold office until a new member has been duly appointed. Each alternate member of the Board shall serve for a term of two (2) years except as provided herein. Each alternate member shall hold office until a new alternate member has been duly appointed. If a vacancy occurs or an office becomes vacant other than by expiration of a term, it shall be filled by appointment as previously prescribed herein for the unexpired portion of such member's term. Notwithstanding the above provisions of this paragraph, a member may be removed, at any time, with cause, by a majority vote of the Mayor and Common DAB/ses/Mobile-S.ord 13 November 9. 1992 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 . 16 17 18 19 20 21 22 .. 23 24 25 26 27 28 MC-865 Council. Further notwithstanding the above provisions of this paragraph, any member who is absent without sufficient cause from three (3) 'consecutive meetings of the Board which such member was required to attend shall be deemed to have vacated his office. E. Meetings - To fulfill its function, the Board shall meet as often as it deems necessary, but at least one regularly scheduled public meeting shall be held every ninety (90) days; or, except as otherwise set forth herein, within thirty (30) days of any request for hearing or arbitration held hereunder, whichever is earlier. All members of the Board, whether regulars or alternates, shall be required to attend all Board meetings and hearings unless such member has been disqualified from participation. All meetings of the Board shall be conducted in accordance with the provisions of the Ralph M. Brown Act. (Government Code S54950 et seq.) F. Voting - The affirmative vote of three (3) members of the Board is required for a decision, including all motions, regulations, and orders of the Board. Alternate members may also participate in the Board proceedings but shall have voting privileges only when acting in the stead of an absent regular member. G. Quorum - Three (3) Board members shall constitute a quorum. H. Powers and Duties of Board - The Board shall undertake and have the following duties, responsibilities, and functions, together with all powe'rs reasonably incidental thereto: 1. Adoption of Rules and Regulations. Subject to the approval of the Mayor and Common Council the Board may make DAB/ses/Mobile-5.ord 14 November 9. 1992 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MC-865 and adopt its own administrative ru1es and regu1ations as may be necessary to effectuate the purposes and p01icies of this Chapter and to erlab1e the Board to carry out its powers and duties thereunder, so 10ng as such ru1es and regu1ations are consistent with the 1aws of the state, this Chapter, and any guide1ines adopted by the Mayor and Common Counci1. Any such ru1es and regu1ations sha11 be reduced to writing and be on fi1e with the Director of the Board at a11 times. 2. Director. The Mayor with the approva1 of the Common Counci1 sha11 appoint a Mobi1e Home Board Director, hereinafter referred to as "The Director", to administer and carry out to the fu11est extent possib1e the expressed intent and purposes of this Chapter. The Director sha11 be a fu11-time emp10yee of the City of San Bernardino and sha11 be a Division Head of the City Administrator's Office. The Director sha11 be responsib1e for the day-to-day operations of the Board. In the a1ternative the City may contract with the Economic Deve10pment Agency of the City of San Bernardino to provide a director. If so, the director sha11 be a fu11-time emp10yee of the Agency, and sha11 be a division head under the Agency Administrator of the Economic Deve10pment Agency. It sha11 a1so be the Director's responsibi1ity to provide Board members with copies of a11 current federa1, state, and city, 1aws, codes, ordinances and regu1ations referred to in this Chapter. 3. Maintenance of Records. The Director sha11 keep a record of the proceedings of the Board, which sha11 be open for inspection by any member of the pub1ic. DAB/ses/Mobile-5.ord 15 November 9. 1992 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MC-865 4. Appointment of Committees, Mediators or Hearing Officers. The Board may appoint committees, mediators and hearing officers to hear matters on which testimony may be taken, which committees, mediators and hearing officers shall report to the Board the findings and results of any such hearing on a matter referred to such committee or person upon request. 5. Conduct Studies and Investigations. The Board shall have the power to make such studies, surveys, and investigations, conduct such hearings, and obtain such information as is necessary to carry out its powers and duties, and may authorize individual members to do so. 6. Require Registration.' The Board shall require such registration of mobile home parks as the Board may deem necessary to enable it to carry out its duties. 7. Approve Rent Adj ustments. The Board may approve such adjustments in rent ceilings as provided for in this Chapter. 8. Evaluation. The Board shall render at least semi-annually a comprehensive written report to the Mayor and Common Council concerning the Board's activities, holdings, actions, results of hearings, and all other matters pertinent to this Chapter. 9. Related Duties. The Board shall undertake such other related duties as may be assigned by the Mayor and Common Council. I. Compensation - Each member of the Board shall be enti tled to such compensation as may be set by the Mayor and Common Council, including reimbursement for reasonable expenses DAB/ses/Mobile-S,ord 16 November 9, 1992 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MC-865 incurred in the performance of their official duties. The Board shall not have any authority to expend or authorize the expenditu~s of any public funds, except with the prior express approval of the Mayor and Common Council. J. Staff - The City Administrator shall provide all administrative staff necessary to serve the Board. The City Administrator shall provide a secretary to serve as secretary of the Director and shall be responsible for the maintenance of all records of the Board. The City Attorney or his/her designee shall act as legal counsel to the Board. 8.90.120. Petition by tenant. A. Any tenant of a mobile home rental space affected by this ~hapter, upon payment of such fling fee as shall be duly established, may petition the Board for a determination whether a proposed or actual action by the landlord of such tenant is legal, . valid, and within the terms of this Chapter. If the Board shall establish forms for such petitions, the petition shall be prepared and submitted upon such form. In the absence of such designated form, the petition shall contain the name, address and telephone number, if known, of the landlord, owner, manager, or other person authorized to represent the owner of the mobile home park, a brief statement of the facts giving rise to the request for interpretation or determination, and a statement that a copy of the petition has been personally served or mailed to the owner, manager or other person authorized to accept and receive notices to the landlord. B. In the event that a petition by tenant(s) results in a downward adjustment in the space rent, the park owner shall DAB/ses/Mobile-5.ord 17 November 9. 1992 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MC-865 not be obligated to adjust any rent except the rent of those tenant(s) who signed the petition and paid the established filing fee. ' 8.90.130. Petition by landlord. Any landlord of a mobile home park affected by this Chapter may, upon payment of such filing fee as shall be duly established, peti tion the Board for a determination whether a particular course of action by said landlord is allowable, valid and in conformity with this Chapter. The Board may designate forms for the filing of such petitions. In the event that no such form has been designated, the petition shall be in writing, and shall contain the name, address and telephone number, if any, of the person requesting the interpretation or opinion, the name and address of each tenant of a rental unit owned or managed by the person requesting the interpretation or opinion, if it is intended that such interpretation or opinion affects such rental unit, a brief statement of the facts giving rise to the request for interpretation or opinion, and a statement that a copy of such petition has been personally served upon or mailed to each such tenant who might be affected thereby. 8.90.150. Conduct of Board proceedings. A. Each party to a hearing may have assistance in presenting evidence or in setting forth by argument his position, from an attorney or such other person as may be designated by said party. B. Formal rules of evidence shall not apply in Board proceedings; however, all oral testimony offered as evidence shall be under oath. DAB/ses/Mobile-5.ord 18 November 9. 1992 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 '23 24 25 26 27 28 MC-865 C. In the event that any party shall fail to appear at the time and place set for hearing of a petition, the Board may hear and review such evidence as may be presented, and may make such findings and decisions as shall be supported by the evidence presented. D. The Board shall base its decision on evidence presented at the hearing and may consider any evidence resulting from independent investigations of the Board or its members pursuant to S8.90.ll0.H.5 of this Chapter, where such evidence has been disclosed to the parties. E. The Board, shall make findings based on the evidence as to each fact relevant to the Board's decision on the peti tion. The decision of the Board shall be based upon the findings, and shall: 1. Determine whether the action or proposed action of a landlord is valid, permitted, and in conformity with this Chapter; and/or 2. Determine whether an adj ustment is necessary,,, and if so, the nature and amount of relief to be granted or authorized to the landlord or homeowner. E. The Board or its Director shall meet to consider the evidence and arguments of the parties no later than thirty (30) days after the matter has been submitted for decision and shall make its final decision at the conclusion of its deliberations. No rent adjustment will be authorized unless supported by the evidence. A notice of the Board's decision shall be sent to each party to a proceeding. Unless good cause to the contrary shall appear, each decision of the Board shall apply on DAB/ses/Mobil.e-S.ord 19 November 9. 1992 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 . 16 17 18 19 20 21 22 .. 23 24 25 26 27 28 MC-865 a space by space basis, taking into account the possibility of differences in base rent, services provided, and other facts differentiating rental spaces. F. Nothing in this Chapter, or in any decision of the Board, shall require any landlord to raise rents or charges to tenants. If an adjustment in the maximum permissible rent is authorized, a landlord may raise rents or charges by a lesser amount, or for a lesser time than is authorized by the decision of the Board. G. The findings and decisions of the Board shall be a final administrative action. There shall be no right of appeal to the Mayor and Common Council. Such findings and decisions shall be public records, and may be certified by the secretary of the Board, if any, or by the City Clerk. Each decision shall set forth a notice as required by California Government Code Section 1094.6. The decision shall become effective upon mailing to the party unless otherwise indicated at the hearing. This section supersedes Chapter 2.64 of the San Bernardino Municipal Code. 8.90;160. Priorities. All petitions for hearings shall be heard in order of date filed. 8.90.170. Rent adjustment regulations. For purposes of determining allowable rent adjustments, the rules and regulations set forth in this section shall be used. In authorizing individual adjustments of the rent ceilings, the Board, its hearing officers and the Director shall consider the purposes of this Chapter and the requirements of law. The Board DAB/ses/Mobile-5.ord 20 November 9. 1992 .' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MC-865 may consider all relevant factors including: increases or decreases in operating and maintenance expenses, the extent and cost of Iltili ties paid by the owner, necessary and reasonable capi tal improvements of the park as distinguished from normal repair, replacement and maintenance, increases or decreases in amenities, equipment, insurance or services, substantial deterioration of the park other than as a result of ordinary wear and tear, failure on the part of the owner to provide adequate repair, housing services or failure on the part of the owner to comply with applicable housing, health and safety codes, federal and state income tax benefits, the speculative nature of the investment, whether or not the property as acquired or is held as a long term or short term investment, the owner's rate of return on investment, the owner's current and base year Net Operating Income and any other factors deemed relevant by the Board, its Director, or its hearing officer in providing the owner a fair return. A sale of a mobile home park by the owner, subsequent to June 3, 1991, which results in a Proposition 13 tax increase, cannot be a factor to be considered in a request for a rent adjustment by the new owners. 8.90.180. Net operating income. Net Operating Income (NOI) shall be gross income less allowable operating expenses. 8.90.190. Gross income. Gross Income equals: A. Gross rents, computed as gross rental income at 100% paid occupancy, plus III DAB/ses/Mobile-S.ord 21 November 9. 1992 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MC-865 B. Interest from rental deposits, unless directly paid by the landlord to the tenants. . C. Income from miscellaneous sources, including, but not limited to, laundry facilities, vending machines, amusement devices, cleaning fees or services, garage and parking fees, plus D. All other income or consideration received or receivable for or in connection with the use or occupancy of rental units, E. Minus uncollected rents due to vacancy and bad debts to the extent that the same are beyond the landlord's control. 8.90.200. Allowable Operating Expenses. Operating expenses shall include the following: A. Real property taxes, B. utility costs, C. Management fees actually paid if management services are contracted for. If all or a portion of management services are performed by landlord, management fees shall include the reasonable value for such landlord performed services. Management fees greater than five percent (5%) of gross income are presumed to be unreasonable. Such presumption may be rebutted. D. Other reasonable management expenses, including, but not limited to, necessary and reasonable advertising, accounting and insurance. E. Normal repair and maintenance expenses, including, but not limited to, painting, normal cleaning, fumigation, landscaping, and repair of all standard services, including III OAB/ses/Mobile-S.ord 22 November 9. 1992 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MC-865 electrical, plumbing, carpentry, furnished appliances, drapes, carpets, and furniture. . F. Owner-performed labor, which shall be compensated at the following hourly rates upon documentation of the date, time, and nature of the work performed: 1. At the general prevailing rate of per diem wages for the San Bernardino area, for the specific type of work performed, as determined and published by the Director of the Department of Industrial Relations of the state of California pursuant to Section 1770 et seq of the Labor Code of the State of California. 2. If no such general prevailing rate has been determined and published, then a cost per hour for general maintenance and a cost per hour for skilled labor as established by resolution of the Mayor and Common Council. Notwithstanding the above, a landlord may receive greater or lesser compensation for self-labor if the landlord proves by clear and convincing evidence that the amounts set forth above are substantially unfair in a given case. OWner performed labor in excess of 5% of Gross Income shall not be allowed unless the landlord proves by clear and convincing evidence that such excess labor expenses resulted in proportionately greater services for the benefit of tenants. G. License and registration fees required by law to the extent same are not otherwise paid by tenants. H. The yearly amortized portion of capital expenses including financing costs, computed in accordance with any useful life table utilized by the Internal Revenue Service. DAB/ses/Mobi1e-5.ord 23 November 9. 1992 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MC-865 I. Reasonable attorneys fees and costs incurred as normal and reasonable costs of doing business, including, but not limited t6, good faith attempts to recover rents owing and good faith unlawful detainer actions not in derogation of applicable law, to the extent sarne are not recovered from tenants. 8.90.210. Operating expenses not allowable. Operating expenses shall not include the following: A. Avoidable and unreasonable or unnecessary expenses; B. Mortgage principal and interest payments; C. Lease purchase payments and rent or lease payments to landlord's lessor; D. Penalties, fees or interest assessed or awarded for violation of this or any other statute; E. Attorneys fees and other costs incurred for proceedings before the Board or in preparation for such proceedings, or in connection with any civil actions or proceedings against the Board, or a decision, ruling, or order of the Board; F. Depreciation of the real property; G. Any expenses for which the landlord has been reimbursed by any security deposit, insurance settlement, judgment for damages, settlement, or any other method. 8.90.220. Presumption of fair base year net operating income. Except as provided in Section 8.90.230, it shall be presumed that the Net Operating Income produced by a park owner during the base year, provided a fair return on property. Owners OAB/ses/Mobile-S.ord 24 November 9. 1992 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 .22 . 23 24 25 26 27 28 MC-865 shall be entitled to maintain and increase their Net Operating Income from year to year in accordance with Sections 8.90.080. and , 8.90.l00.B. 8.90.230. Rebutting the presumption. It may be determined that the base year net operating income yielded other than a fair return on property, in which case, the base year Net Operating Income may be adjusted accordingly. In order to make such a determination, the Board or its designee must make at least one of the following findings: A. The owner's operating and maintenance expenses in the base year were unusually high or low in comparison to other years. In such instances, adjustments may be made in calculating such expenses so the base year operating expenses reflect average expenses for the property over a reasonable period of time. The hearing officer shall consider the following factors: 1. The owners made substantial capital improvements during 1988 which were not reflected in the rent levels on the base date. 2. Substantial repairs were made due to damage caused by natural disaster or vandalism which management has taken appropriate action to reduce. 3. Maintenance and repair were below accepted standards so as to cause significant deterioration in the quality of housing services. 4. Other expenses were unreasonably high or low notwithstanding the following of prudent business measures. B. The rental rates on the base date disproportionate due to enumerated factors below. In were such DAB/ses/Mobile-S.ord 25 November 9. 1992 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ... 23 24 25 26 27 28 KC-865 instances, adjustments may be made in calculating gross rents consistent with the purpose of this Chapter. . 1. The rental rates on the base date were substantially higher or lower than in preceding months by reason of premiums being charged or rebates being given for reasons unique to particular units or limited to the period determining the base rent. 2. The rent on the base date was substantially higher or lower than at other times of the year by reason of seasonal demand or seasonal variations in rent. 3. The rental rates on the base date were exceptionally high or low due to other factors which would cause the application of the base year net operating. income to result in gross inequity to either the owner or tenant. 8.90.240. Determination of base year net operating income. A. To determine the Net Operating Income during the base year, there shall be deducted from the annualized gross income being realized in 1988, a sum equal to the actual operating expenses for calendar year 1988, unless the owner demonstrates to the satisfaction of the Board or its designee that the use of some other consecutive 12-month period is justified by reasons consistent with the purposes of this section. B. In the event the owner did not own the subject property during the base year, the operating expenses for 1988 shall be determined by one of the following methods, whichever the Board or its designee determines to be more reliable in the particular case: DAB/ses/Mobile-5.ord 26 November 9. 1992 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MC-865 1. expenses as defined . available, or The previous owner's actual operating in Section 8.90.200 if such figures were 2. Actual operating expenses for the first calendar year of ownership, discounted to 1988 by the schedule. 8.90.250. Determination of current year net operating income. To determine the current year net operating income, there shall be deducted from the annualized gross income, determined by analyzing the monthly rents in effect at the time of filing of a petition, a sum equal to the actual operating expenses for the last calendar year (unless the owner demonstrates to the satisfaction of the Board or its designee that the use of some other consecutive l2-month period is justified by reasons consistent with the purposes of this section). 8.90.260. Schedule of increases in operating expenses. Where scheduling of rental increases, or other calculations, require projections of income and expenses, it shall be assumed that operating expenses, exclusive of property taxes, and management expenses, increases at 5% per year, that property taxes increase at 2% per year, and that management expenses constitute 5% of gross income, provided, however, that if actual increases are greater or less than those listed in this section, the actual increases shown according to proof shall be the increases applicable. 8.90.270. Allowable rent adjustments. The Board, a hearing officer or the Director may permit rent adjustments, unless otherwise prescribed by law, such that DAB/ses/Mobile-S.ord 27 November 9. 1992 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MC-865 the owner's net operat~ng ~ncome w~ll be adjusted at the rate as spec~f~ed ~n Sect~on 8.90.100 B.2. I 8.90.280. D~scret~onary cons~derat~ons. Wh~le the Net Operat~ng Income formula should operate to guarantee a park owner a fa~r return on investment, the Director or hear~ng off~cer cons~dering a request for rent increases shall consider all relevant factors presented in making a determination, as set forth ~n this Chapter. 8.90.290. Lim~ t on increases pending hearing or l~tigation. Notw~thstanding any other provisions of th~s Chapter, no adjustment in rents in a mob~le home park shall be valid during the time that any hearing or proceeding ~s being conducted pursuant to this Chapter, nor shall such increase be valid during the period in which the Board's decision for that park is being reviewed by a Court of competent jur~sd~ction, except those the tenants shall be requ~red to pay as the Permissible Adjustment as provided for under Section 8.90.090 B. 8.90.300. Rent adjustments for reduction in services. A. No owner shall reduce the level or k~nd of serv~ces provided to tenants as of the date of adoption of this Chapter or take any other punitive action in retaliation for the exercise by tenants of any of the r~ghts granted by th~s Chapter. B. If a mobile home park provides ~n the rent, without separate charge, ut~lit~es or similar services (including, but not limited to, natural gas, electric~ty, water, sewer, trash, and cable television) and converts to separate charge for such service by separate metering, separate charge or other lawful DAB/ses/MobiJ.e-S.ord 28 November 9. 1992 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MC-865 means of transferring to the tenant the ob1igation for payment for such services, the cost savings sha11 be passed through to tenants . by a rent adjustment equa1 to the actua1 cost to the park of such transferred uti1ity or simi1ar service (1ess common area usage) based on costs for the twe1ve (12) months period prior to notice to the tenants of the change. Provided comp1iance with this section occurs, provisions for mediation andlor hearing sha11 not app1y. 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. . C. For purposes of Section 8.90.300 A. above, in determining cost savings to be passed on to tenants in the form of decreased rent, the cost of installation of separate utility meters, or simi1ar costs incurred by the owner to shift the obligation for payment of uti1ity costs to the tenants sha11 not be considered. However, this sha11 not be construed to prohibit or prevent the consideration of inc1usion of such costs as an increased operating expense at mediation or arbitration. D. If a service other than a utility or simi1ar service per subsection (A) above is reduced or eliminated, or if a uti1ity or similar service is reduced or e1iminated without a concomitant decrease in rent, the provisions of this Chapter regarding petition andlor hearing shall apply subject to the fo11owing conditions. Any petition initiating mediation or hearing must be fi1ed within twelve (12) months of the date on which the service was reduced or e1iminated, and the reduction or III DAB/ses/Mobile-5.ord 29 November 9. 1992 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MC-865 elim{n~tion in services must continue to exist at the time of the hearing. Rent adjustments shall only be granted prospectively. . 8.90.310. Quantum of proof and burden of proof. The decision of the Board, its Director, or hearing officer must be supported by the evidence submitted at the hearing. The petitioning party shall have the burden of proof in such proceedings. 8.90.320. Appeal. Any party to a hearing shall be entitled to appeal the decision of the Director or the hearing officer to the Board. 8.90.330. Filing of appeal. Any party seeking to appeal the decision of the Director or the hearing officer must file such written appeal within fifteen (15) days of the date of notice of the decision and must post a deposit of an amount sufficient to cover the cost of preparing the Hearing Record. 8.90.340. Appeal hearing. Upon the request of any party filing an appeal and depositing the sums required in Section 8.90.330 hereof, the Board shall schedule a hearing to be held wi thin thirty (30) days of the filing of appeal and shall direct the Director to notify the parties of such hearing date. 8.90.350. Appellate review. The Board shall review the Hearing Record and hear the arguments of the parties at the appeal hearing, but shall limit its review to facts presented at the hearing before the hearing officer. III DAB/ses/Mobile.S.ord 30 November 9. 1992 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ..22 23 24 25 26 27 28 MC-865 8.90.360. Time for appellate decision. The Board shall make a decision no later than five (5) . days following the appeal hearing and notify the parties within ten (10) days following the Board's decision. 8.90.370. Finality of decision. The decision of the Board on appeal shall be final and binding. This section specifically supercedes Municipal Code Chapter 2.64. 8.90.380. Judicial review. An owner or tenant aggrieved by any action of the Board may seek judicial review by appealing to the appropriate Court within the jurisdiction. Sections 1094.5 and 1094.6 of the Code of Civil Procedure are applicable. 8.90.390. Termination of tenancy. A tenancy which is not held pursuant to a written rental agreement that conforms to the provisions of Section 798.15 et seq. of the California Civil Code shall be terminated only pursuant to Section 798.55 et seq. of the California Civil Code; 8.90.400. Remedies for violation. A. Civil Remedies - Any person who demands, accepts, or retains any payment in violation of any provision of this Chapter shall be liable in a civil action to the person from whom such payment is demanded, accepted, or retained for damages in the sum of three (3) times the amount by which the payment or payments demanded, accepted or retained exceed the maximum rent which could lawfully be demanded, accepted, or retained, together with reasonable attorney's fees and costs as determined by the Court. III DAB/ses/Mobile-S.ord 31 November 9. 1992 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ..22 23 24 25 26 27 28 MC-865 B. Criminal Remedies - It shall be unlawful for any owner to adjust any rent in an amount in excess of that allowed . under this Chapter or by order of the Board. Any owner who willfully and knowingly violates any of the provisions of this Chapter or the orders of the Board shall be guilty of a misdemeanor. C. Injunctive and Other Civil Relief - The Board, the Director, the City, and the tenants and owners may seek relief from the appropriate Court within the jurisdiction within which the rental unit is located to enforce any provision of this Chapter or its implementing regulations or to restrain or enjoin any violation of this Chapter and of the rules, regulations, orders and decisions of the Board. D. Non-waiver of Rights - Any waiver or purported waiver by a tenant of rights granted under this Chapter prior to the time when such rights may be exercised, whether oral or written, shall be void as contrary to public policy. 8.90.410. Period review of Chapter. A. The Mayor and Common Council shall review the provisions of the Chapter one year following the date of adoption thereof, and at any other time deemed appropriate, in order to consider the following: 1. Whether this Chapter continues to be necessary to protect the public health, safety, and welfare. 2. Whether the implementation of the provisions of this Chapter have been adequate; and 3. Whether the provisions of this Chapter should III OAB/ses/Mobile~S.ord 32 November 9. 1992 r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MC-865 be amended to provide more effective regulations or to avoid unnecessary hardship. . 8.90.420. Severability. If any provision( s) of this Chapter or application thereof to any person or circumstances is held invalid, this invalidity shall not affect other applications of this ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this Chapter are declared to be severable. 8.90.430. Chapter to be liberally construed. Chapter shall be liberally construed to achieve this Chapter and to preserve its validity. This the purposes of III III III III III III III III III III III III III III III III DAB/ses/Mobile-S.ord 33 November 9. 1992 MC-865 1 AN ORDINANCE.. .AMENDING CHAPTER 8.90 OF THE SAN BERNARDINO 2 MUNICIPAL CODE RELATING TO MOBILE HOME PARK RENT STABILIZATION. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . I HEREBY CERTIFY that the foregoing ordinance was duly adopted. by the Mayor and Common Council of the City of San Bernardino at an adjourned regul;qneeting thereof, held on the 22nd day of March , 1993, by the following vote, to wit: Council Members: ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER AYES NAYS ABSTAIN ABSENT x x x x x x x (2~ (2~~-/-~ Clty'€lerk ,- The foregoing ordinance is hereby approved.t of 7z:t~a.,./~L, 1993. Approved as to form and legal content: JAMES F. PENMAN, City Attorney DAB/ses/Mobile-S.ord , F. 34 November 9. 1992 [T- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 '23 24 25 26 27 28 ORDINANCE NO. Me-900 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SUBSECTION E OF SECTION 8.90.050 OF THE SAN BERNARDINO MUNICIPAL CODE RELA.-ING TO THE OFFERING OF LONG TERM OR SHORT TERM LEASES BY THE OWNERS OR OPERATORS OF MOBILE HOME PARKS. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Subsection E of Section 8.90.050 of the San Bernardino Municipal Code is hereby amended to read as follows: "E. Before any rental agreement or lease agreement in excess of 12 months is executed by an existing or prospective tenant the landlord must (1) offer the tenant the option of a rental agreement for . a term of 12 months or less, ( 2 ) provide the tenant with a summary of the City's Mobile Home ". Park Rent Stabilization Ordinance in a form approved by the Board, (3) make available for tenant review a copy of the Mobile Home Park Rent Stabilization Ordinance, and (4) provide the tenant with a disclosure statement on the possible effect of long term leases as approved by the Board. The disclosure statement in (4) above and the summary in ( 2 ) above may be combined into the same document. A signed copy of the disclosure statement must be returned to the Director within thirty (30) calendar days of execution. I I I I I I DAB/js (2Leases.Ord] 1 April 12. 1994 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Me-900 AN ORDDl'ANCE... AMENDDl'G SUBSECTION E OF SECTION 8.90.050 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE OFFERING OF LONG TERM OR SHORT TERM LEASES BY THE OWNERS OR OPERATORS OF MOBILE HOME PARKS. , I HEREBY CERTIFY that the foregoing Ordinance was duly ", adopted by the Mayor and Common Council of the City of San Bernardino at a reau1ar meeting thereof, held on the day of April Council Members: NEGRETE CURLIN HERNANDEZ OBERHELMAN DEVLIN POPE-LUDLAM MILLER The foregoing of April , 1994. Approved as to form and legal content: JAMES F. PENMAN, City Attorney 18th , 1994, by the following vote, to wit: AYES X NAYS ABSTAIN ABSENT X X X X X X . ~~ City C;:lerk -"" AI: .,- .~. )dancLI.f0Y IlJLJ,U-Y'}()J" 6-A-' . ordin~ is hereby approved this o/,6l.day ---. ) /' , . ~ I y;-,.,'" /.[,('-~. .-..... ~om Minor, Mayor City of San Bernardino B/kJ",~- ~ DAB/js {2Leases.Ordl 2 April 12. 1994 MC-900 . DISC~OSURE NOTICE TO PROSPECTIVE MOBILE HOME PARK TENANTS CITY OF SAN BERNARDINO 300 N. "0" Street San Bernardino, CA 92418 (909) 384-5081 LAWS PROTECTING THE RIGHTS OF MOBILE HOME PARK TENANTS. Park Name Mobilehome space The provisions of the San Bernardino ordinance and the California laws include the following: 1. You cannot be required to sign a lease in ord~r to rent space in a mobile home park. 2. The San Bernardino ordinance limits the amount of space rent that a mobilehome park may charge. 3. If you sign a lease for a period of more than one year, you are not protected by the San Bernardino ordinance. 4. If you do sign a lease, you have a right to cancel it within 72 hours or convert to a shorter term. 5. If you have any questions about your rights, you may contact the Mobilehome Board at (909) 384-5081. .. I/We have read and understand the above notice Date: Signature(s) Printed names(s) r' MC-900 " AVISO A POSIBLES INQUILINOS . DE CASAS MOBILES Ciudad De San Bernardino 300 N. "D" Street San Bernardino, California 92418 (909) 384-5081 LAS LEYES QUE PROTEGEN LOS DERECHOS DE INQUILINOS EN PARQUES DE CASAS MOBILES Nombre Del parque Numero de Espacio (Lote) Las provisiones de la ordenanza de San Bernardino y las 1eyes de California inc1uyen 10 si~uiente: 1. No se requiere firmar un contrato para rentar un espacio en un parque de casas mobiles. . 2. La ordenanza de San Bernardino limi ta la cantidad de rent a por espacio quen un parque de casas mobiles puede cobrar. 3. Si ud. firma un contrato por un periodo de mas de un a50, no esta protegido por 1a ordenanza de San Bernardino. 4. 5i ud. firma un contrato, ud. tiene el detecho de cance1ar1o dentro de 72 horas 0 cambiar a un termino mas corto. 5. 5i tiene preguntas sobre sus derechos, favor de comunicarse con 1a Mesa Directiva de Casas Mobiles a1 (909) 384-5081. Yo/Nosotros hemos 1eido y entendido 10s avisos arriba mencionados. Fecha Firma 'I. " Nombres Impresos 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Effective: December 8. 1994 ORDINANCE NO. MC-913 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMEND!NG SUBSECTION C OF SECTION 8.90.050 OF THE SAN BERNARDINO MUNICIPAL CODE RELMING TO THE LONG-TERM LEASE EXCEPTION TO THE MOBILE HOME PARK RENT STABILIZATION ORDINANCE THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Subsection C of Section 8.90.050 of the San Bernardino Municipal Code is hereby amended to read as follows: "C. Space Rent Agreement Exemption - Any rental agreement in excess of twelve-months duration which also meets all criteria specified by Section 798.15 and Section 798.17 of the California Civil Code. <, including, but not limited to, the tenant notification requirement within the first paragraph of such rental agreements, shall be exempt from the space rent ceiling provisions of this Chapter, but only during the term of such rental agreement or one or more uninterrupted, continuous extensions thereof. If such rental agreement is not extended and no new rental agreement in excess of twelve-months duration is entered into, then the last rental agreement shall be the base rent for purposes of this chapter. Any rental agreement exempt from this Chapter by virtue of this subsection shall remain so exempt despite voluntary amendments made thereto, as long as any amendments extending the term contain the disclosures required by Section 798.17 of the California Civil Code. DAB/jB [Rent2.0rd] 1 October 11. 1994 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MC-9l3 AN ORDXNANCE OF THE CXTY OF SAN BERNARDXNO AMENDXNG SUBSECTXON C OF SECTXON 8.90.050 OF THE SAN BERNARDXNO MUNXCXPAL CODE RELATXNG TO THE LONG-TERM LEASE EXCEPTXON TO THE MOBXLE HOME PARK RENT STABXLXZATXON ORDXNANCE . I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a;oint revnlarmeeting thereof, held on the 7~h day of , 1994, by the following vote, to wit: November Council Members: NAYS AYES ABSTAIN ABSENT NEGRETE x CURLXN x . - HERNANDEZ x OBERHELMAN x DEVLXN x POPE-LUDLAM x MILLER x [2--c.uL C.,L-t<.-,r-/t.. Ci ty'-Clerk The foregoing Ordinance is hereby approved this of November ,1994. .?~ day r-J ~9ti~ Toni Minor, ayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney By: ;J!K /.11'/1"/$ i;k-,/nv /1../'1-"'/ - ~ ~ "~/' ",,-'/! J,;''' 't;#', f Y-. I;cl ~/;S// .;-,1- DAB/; ate. 2 October 11. 1994 I~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Effective: July 6, 1995 ORDINANCE NO. MC-944 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 8.90.100 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO MOBILE HOME PARK RENT INCREASES FOR CAPITAL IMPROVEMENTS. : THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Subsection C of Section 8.90.100 of the San Bernardino Municipal Code is hereby renumbered as Subsection D. SECTION 2. A new Subsection C is hereby added to Section 8.90.100 of the San Bernardino Municipal Code to read as follows: "C. Special Assessment Based on Capital Improvements. 1. An application for a special assessment based on the cost of a completed capital improvement may be filed with the Mobilehome Board pursuant to this subsection. For the purposes of this subsection "Capital Improvement" is defined as the installation of new improvements and facilities and/or the replacement or reconstruction of existing improvements and facilities which consist of more than ordinary maintenance or repairs, with a useful life of at least five (5) years, and have been agreed upon between the park owner, the resident committee, if any, and approved by more than 50 percent of the owners of all mobilehomes located wi thin the park in an election called to consider the matter with each space casting one vote. 2. A special assessment may be granted at the discretion of the Board considering all circumstances wi thout approval of the homeowners if the capital improvement is necessary to protect the health and safety of the residents of the park, or to comply with governmental laws or regulations. 3. Capital Improvement Assessments shall be amortized over the useful life of the improvement as set forth in Internal Revenue Service "class life" tables then in effect, unless the Board in its discretion determines that the use of such tables is unreasonable under the circumstances. 4. In addition to the cost of the improvements(s) the Assessment shall include interest at two percent over the prime rate at Bank of America in effect at the time the assessment is approved calculated annually on the unamortized cost of improvement. DAB/js (Rentlncr.Ordl 1 June 1. 1995 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ~4 25 26 27 28 1 5. Capital Improvement Assessments shall be apportioned equally among all spaces in the mobilehome park and shall be payable monthly, and shall be set forth by the park owner as a separate item from the space rent. The Assessment shall remain in effect unti~ the cost of the improvement, plus interest as set forth herein, has been fully recovered." I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 5th , 1995, by the following vote, to wit: day of June Council Members: NAYS AYES ABSTAIN ABSENT NEGRETE x CURLIN x HERNANDEZ x OBERHELMAN x DEVLIN x POPE-LUDLAM x MILLER x C~~ ChJ~ The foregoing Ordinance is hereby approved this ~~day of ~-~~. " t?' 1-:'" ! (i-<:A:',- Tom Minor, Mayor City of San Bernardino June , 1995. Approved as to form and legal content: JAMES F. PENMAN, City Attorney [Ii,'// ///-./ S ,')/J 'p~r ~. ., /. ~.1 ".. .', ,~. Vt:JSIt:::- :.... "-e.' rr.'1/!'/' ="_. ~ DAB/j. [Rent~cr.Drdl . _' 2 .'~ . "... ., ~-7-0> ~ - ,,-...~. I - ;,....- By: June 7. 1995 Adopted: Hay 4. 1998 Effective: June 4, 1998 . ., l I 2 3 4 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 :i3 24 25 26 27 28 ORDINANCE NO. Mr._In'l ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 8.90.110(A) AND 8.90.1l0(H)(2) OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE MOBILE HOME RENT BOARD. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: III III III III III III III III III SECTION 1. Section 8.90.110 (A) is hereby amended to read as follows: "A. Establishment - The Mobile Home Rent Board of the City of San Bernardino is hereby established." SECTION 2. Section 8.90.11 0(H)(2) is hereby amended to read as follows: "2. Director. The Mayor with the approval of the Common Council shall appoint a Mobile Home Rent Board Director, hereinafter referred to as "Director," to administer and carry out to the fullest extent possible the expressed intent and purposes of this Chapter. The Director shall be a full-time employee of the City of San Bernardino. In the alternative, the City of San Bernardino may contract with the Economic Development Agency of the City of San Bernardino to provide a Director. If so, the Director shall be a full-time employee of the Economic Development Agency of the City of San Bernardino. The Director shall be responsible for the day-to-day operations of the Board. It shall also be the Director's responsibility to provide Board members with copies of all current federal. state, and city laws, codes, ordinances and regulations referred to in this Chapter." I 03/0t..f( 02- 1<32 !"": BC-I021. ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 8.90.110(A) AND 8.90.100(11)(2) OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE MOBILE HOME RENT BOARD. I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a 1 t. relZ. meeting thereof, held on the ~ day of Mav . 1998, by the following vote, to wit: Council Members: AYES ESTRADA ~ LIEN ~ ARIAS ~ SCHNETZ ~ DEVLIN ~ ANDERSON ~ MILLER ~ NAYS ABSTAIN ABSENT ~CLvJv RA L CLARK, City Clerk The foregoing Ordinance is hereby appr ved .....L day of M'IY Approved as to form and legal content: JAMES F. PENMAN, City Attorney ,1998. ~ ITH V ALLES, Mayor 1 of San Bernardino 2