HomeMy WebLinkAbout42-Redevelopment Agency
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ORDINANCE
2 ORDINANCE OF THE CITY OF SAN BERNARDINO PROVIDING THAT
RENTS FOR MOBILE HOME SITES SHALL NOT EXCEED THOSE IN EFFECT ON
3 DECEMBER 1, 1988, AND TEMPORARILY PROHIBITING RENTAL INCREASES
THEREFOR.
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1:
Purpose.
Pending further study of the
development and adoption of measures to address the problems
created by the present apparent mobile home site shortage, it is
necessary, on an interim basis, to prohibit rental increases on
mobile home sites within the City of San Bernardino.
SECTION 2.
Definition of Terms. Unless it is apparent
from the context that another meaning is intended, the following
words and terms when used herein shall have the meaning ascribed
to them by this Section.
A.
"Services":
Services connected with the use or
occupancy of a mobile home site including, but not limited to,
repairs, replacement, maintenance, painting, light, heat, water,
refuse removal, sewage removal, furnishings, telephone, parking
and any other benefits, privileges or facilities.
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B.
"Site":
Any area or tract of land or portion of a
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mobile home park designated or used for the occupancy of one
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mobile home.
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C.
"Mobile Home Park":
Any area or tract of land where
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two or more mobile home sites are rented or leased or held out
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for rent or lease to accommodate mobile homes used for human
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habitation.
The rental paid for any such mobile home shall be
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deemed to include rental for the site it occupies.
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1 D. "Mobile Home Park Operator": An owner, lessor,
2 sublessor, including any persons, firm, corporation, partnership,
3 or other entity, entitled to receive rent for the use of any
4 mobile home site, or the agent, representative or successor of
5 any of the foregoing.
6 E. "Moratorium period": The period of time beginning on
7 the effective date of this ordinance and continuing for 120
8 calendar days thereafter, or until such time as the Mayor and
9 Common Council establish a procedure for the adjustment and/or
10 regulation of rents, whichever occurs first.
11 F. "Rent": The consideration, including any bonus,
12 benefits or gratuity demanded or received, for or in connection
13 wi th the use or occupancy of a mobile home site (but not the
14 transfer of a lease for such a unit) er-tfte-'t!f'efte~~-cf-.. lease
15. fer-s~eft-e-tift~'t7 including but not limited to monies demanded or
16 paid for parking, for furnishings, for services of any kind, for
17 subletting, or for security deposits for damage and/or for
18 cleaning.
19 G. "Mobile Home Site Rental Units": All mobile home sites
20 in the City of San Bernardino designed for rental use or actually
21 rented at any time on or after the effective date of this
22 ordinance, and all services, privileges, furnishings and
23 facilities supplied in connection with the use or occupancy
24 thereof, including garage and parking facilities. The term shall
25 not include:
26 (1) mobile home sites in nonprofit cooperatives owned
27 and controlled by a majority of the residents;
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1 (2) mobile home sites which a government unit, agency
2 or authority owns, operates, or manages or which are specifically
3 exempted from municipal rent regulation by state or federal law
4 or administrative regulation;
5 (3) mobile home sites located in a mobile home park
6 completed or newly constructed after the effective date of this
7 ordinance.
8 H. "Tenant": A tenant, subtenant, lessee, sublessee or
9 any other person entitled to the use or occupancy of any mobile
10 home site rental unit.
11 I. "Average Per Unit Rehabilitation Cost": The cost of
12 rehabilitation to the mobile home park, or any portion thereof,
13 sufficient to bring the mobile home park into compliance with all
14 applicable City ordinances, divided by the total number of mobile
15 home sites in the mobile home park. The costs of rehabilitation,
16 incl.uding, but not U.a:1ted to, interest costs on l.oans for the
17 purpose of rehabil.itation, shall have been paid or incurred by
18 the mobile home park operator six (6) months prior to or during
19 the moratorium period or any extension thereof, for
20 rehabilitation work done six (6) months prior to or during the
21 moratorium period or extension thereof.
22 J. "Average Per Unit Capital Improvement Cost": The cost
23 of a capital improvement, divided by the number of mobile home
24 sites in the mobile home park. A "Capital Improvement Cost"
25 shall be the costs for improvements to the mobile home park or
26 any building or structure located within the mobile home park,
27 which improvements have a useful life of five years or more, and
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1 which costs have been paid or incurred by the mobile home
2 operator during the moratorium period or any extension thereof
3 for the capital improvement work done during the moratorium
4 period of extension thereof. This term shall not include
5 expenditures for the purchase of land, an existing building, or
6 any interest in an existing building for the purpose of
7 increasing the number of mobile home sites in the mobile home
8 park; nor does it include expenditures necessary to keep or
9 maintain that level of services provided to the mobile home site
10 rental unit at its applicable rollback date.
11 SECTION 3. Rental Increase Moratorium.
12 A. Beginning on the effective date of this ordinance, and
13 continuing for one hundred and twenty (120) calendar days
14 thereafter, or until such time as the Mayor and Common Council
15 establish a procedure for the adjustment and/or regulation of
16 rents, whichever occurs first, rents shall be at the levels and
17 shall not otherwise be increased except as provided in
18 subparagraph B below.
19 B. During the moratorium period, the maximum rent for a
20 mobile home site rental unit in the City of San Bernardino shall
21 be the following:
22 (1) For a mobile home site rental unit which is
23 rented as of the effective date of this ordinance. and continues
24 to be rented thereafter to one or more of the tenants occupying
25 such rental on the effective date of this ordinance:
26 The rent shall not exceed that in effect on
27 December 1, 1988. If a tenant has occupied a mobile
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home s~te rental unit subsequent to December I, 1988,
and between December 2, 1988, and the effect~ve date
of th1.s ordinance, the rent shall not exceed that ~n
effect on the date of sud occupat~on. The level of
services provided to the rental unit on December I,
1988, shall not be reduced during the moratorium
per~od. The level of serv~ces prov~ded to the rental
un~t on the date of occupat~on of sa~d unit by a
tenant who commenced occupat~on of sa~d un~t
subsequent to December I, 1988, and between December
2, 1988, and the effect~ve date of th1.s ordinance,
shall not be reduced during the IIOrator~ua per~od.
No notice to the tenant, whether given before or
after the effective date of this ordinance, shall be
effective to increase the rent during the moratorium
period.
(2) For a mobile home site rental unit which is not
rented as of the effective date of this ordinance, but which is
rented during the moratorium period and continued to be rented to
one or more of the same tenants:
The rent shall not exceed that in effect on the
date the mobile home site rental unit is first rented
after the effective date of this ordinance. The
level of services provided to the rental unit on the
rental date shall not be reduced during the
moratorium period.
(3) For a mobile home site rental unit voluntarily
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1 vacated on or after the effective date of this ordinance, and
2 prior to the end of the moratorium period:
3 If the vacancy was voluntary (i.e., not the
4 result of aft an unlawful eviction, other than for
5 just cause), whe~her-ier-~~s~-~e~sa ~~~-~
6 ei-~~-he~~r~-~L&-rei~sei-~~~-a
7 periedie-~~-~a&e-egree.eftti7 then the rent
8 may be increased to the market rate upon the re-
9 rental of the mobile home site rental unit. So long
10 as such unit continues to be rented to one or more of
11 the tenants first occupying the mobile home site
12 rental unit at the time of such re-rental, such rent
13 shall not exceed that in effect on the date the
14 rental unit is first re-rented, nor shall the level
15 of services provided on that re-rental date be
16 reduced during the moratorium period.
17 (4) For mobile home site rental units vacated other than
18 voluntarily after the effective date of this ordinance:
19 The rent for such mobile home site rental unit
20 shall not thereafter exceed the rent in effect
21 immediately prior to such involuntary vacation,
22 unless the unit is subsequently vOluntarily vacated.
23 The level of services provided prior to such
24 involuntary vacation shall not be reduced during the
25 moratorium period.
26 (5) For a mobile home site rental unit which has been
27 found to be in violation of any then existing City ordinance:
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1 The rent shall not exceed that amount dictated
2 by the above subparagraphs (1) through (4),
3 inclusively, plus the average per unit rehabilitation
4 cost amortized over not less than a thirty-six month
5 period, which costs have been incurred by the mobile
6 home park operator during the moratorium period for
7 rehabilitation work done during the moratorium period
8 for the sole purpose of bringing the subject
9 property into compliance with City ordinances.
10 ( 6 ) For a mobile home site rental unit with respect
11 to which capital improvement costs are incurred:
12 The rent shall not exceed the amount dictated by
13 the above subparagraphs (1) through (5), inclusive,
14 plus the average per unit capital improvement cost
15 amortized over a sixty-month period.
16 C. Subparagraph (5) and subparagraph (6) of Paragraph B
17 above shall not be applicable to any mobile home park unless the
18 mobile home park operator of such mobile home park has provided
19 the Community Development Department with written proof
20 satisfactory to that department that the cost of rehabilitation
21 work or capi tal improvement work was incurred during the
22 moratorium period and that the rehabilitation or capital
23 improvement work was completed during the moratorium period.
24 D. The Mobile Home Moratorium Review Committee Mee~%e-Heme
25 Park-~-Hee-~~~~~ee is hereby established and authorized to
26 hear and decide the appeal of any action taken by any official of
27 the City of San Bernardino pursuant to the authority of this
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1 ordinance or any part thereof except the commencement of criminal
2 prosecution and to hear appeals related to the interpretation of
3 any provision hereof. 1rft-eppee2-~-eny--tiee:kltJ:eft-ef-~~~
4 Hellle-~-.1'td--Hee -€ellllllittee-1Iley-~'\ereaft_ -ee-IIle.l!e-"Il&-~-Mayel'
. 5 aMi - €elllllleft- -E:~-i- ~ -aeeePdaftee -wi th- ~ -provisions- -o-f. -Elhap'llel'
6 "r~"-ef-the-6eft-Beftl~ei_Muni-m.'Pti-~ A11 decisions of the
7 Committee are final. The Mobile ao.e Moratoriua Revi_ CoIIIIIIittee
8 shan be cc.prised of five (5) .~~_ who shaH be appointed by
9 the Mayor and (",~ on Council. All adainistrative costs of said
10 Commitee shall be paid in a manner to be established by
11 resolution of the Mayor and ~n COuncil. Said Cnmmittee shall
12 be fiscally self-sustaining.
13 SECTION 4. Violation of Ordinance.
14 (A) It shall be unlawful for any mobile home park operator
15 to demand, accept, receive or retain may payment of rent in
16 excess of the maximum lawful rents set forth in this ordinance.
17 Any person violating any of the provisions, or failing to comply
18 with any of the requirements of this ordinance, shall be guilty
19 of a misdemeanor. Any person convicted of a misdemeanor under
20 the provisions of this ordinance shall be punishable by a fine of
21 not more than Five Hundred ($500.00) Dollars or by imprisonment
22 in the County Jail for a period of not more than six months, or
23 by both. Each violation of any provision of this ordinance, and
24 each day during which any such violation is committed, permitted,
25 or continued, shall constitute a separate offense.
26 (B) The Community Development Department is hereby
27 authorized to commence actions for violations of the provisions
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1 of this ordinance through the filing of long form complaints with
2 the office of the City Attorney.
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SECTION 5. Refusal of a Tenant to Pay Rent Increase. A
4 tenant may refuse to pay any increase in rent which is in
5 violation of this ordinance and such violation shall be a defense
6 in any action brought to recover possession of a mobile home site
7 rental unit or to collect the illegally charged rent increase.
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SECTION 6.
Severability.
If any provision or clause of
10 circumstance is held to be unconstitutional or to be otherwise
9 this ordinance or the application thereof to any person or
11 invalid by any court of competent jurisdiction, such invalidity
12 shall not affect other ordinance provisions or clauses or
13 applications thereof which can be implemented without the invalid
14 provision or clause or application, and to this end the
15 provisions and clauses of this ordinance are declared to be
16 severable.
17 I HEREBY CERTIFY that the foregoing ordinance was duly
18 adopted by the Mayor and Common Council of the City of San
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Bernardino, at a
meeting held on the
day
of
, 19__, by the following vote, to wit:
AYES:
Council Members
NAYS:
ABSENT:
City Clerk
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/ / /
JFW:ss
August 21, 1989
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The foregoing resolution is hereby approved this
day of
W. R. HOLCOMB, Mayor
4 City of San Bernardino
5 Approved as to form
and legal content:
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JAMES F. PENMAN, City Attorney
BY:
JFW:ss
August 21, 1989
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ORDINANCE
2 ORDINANCE OF THE CITY OF SAN BERNARDINO PROVIDING THAT
RENTS FOR MOBILE HOME SITES SHALL NOT EXCEED THOSE IN EFFECT ON
3 THE EFFECTIVE DATE OF THIS ORDINANCE, AND TEMPORARILY PROHIBITING
RENTAL INCREASES THEREFOR.
4
5
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1:
Purpose.
Pending further study of the
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development and adoption of measures to address the problems
created by the present apparent mobile home site shortage, it is
necessary, on an interim basis, to prohibit rental increases on
mobile home sites within the City of San Bernardino.
SECTION 2.
Definition of Terms.
Unless it is apparent
from the context that another meaning is intended, the following
words and terms when used herein shall have the meaning ascribed
to them by this Section.
A.
"Services":
Services connected with the use or
occupancy of a mobile home site including, but not limited to,
repairs, replacement, maintenance, painting, light, heat, water,
refuse removal, sewage removal, furnishings, telephone, parking
and any other benefits, privileges or facilities.
B.
"Site":
Any area or tract of land or portion of a
mobile home park designated or used for the occupancy of one
mobile home.
C.
"Mobile Home Park":
Any area or tract of land where
two or more mobile home sites are rented or leased or held out
for rent or lease to accommodate mobile homes used for human
habitation.
The rental paid for any such mobile home shall be
deemed to include rental for the site it occupies.
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1 D. "Mobile Home Park Operator": An owner, lessor,
2 sublessor, including any persons, firm, corporation, partnership,
3 or other entity, entitled to receive rent for the use of any
4 mobile home site, or the agent, representative or successor of
5 any of the foregoing.
6 E. "Moratorium Period": The period of time beginning on
7 the effective date of this ordinance and continuing for 120
8 calendar days thereafter, or until such time as the Mayor and
9 Common Council establish a procedure for the adjustment and/or
10 regulation of rents, whichever occurs first.
11 F. "Rent": The consideration, including any bonus,
12 benefits or gratuity demanded or received, for or in connection
13 with the use or occupancy of a mobile home site (001: 1101: 1:he
14 1:ransfer of a lease for such a uni1:) ep-~he-<t~eftsf~-'Cf-.. lease
15 fep-s~eft-e-tift~~, including bu1: not limited to monies demanded or
16 paid for parking, for furnishings, for services of any kind, for
17 subletting, or for security deposits for damage and/or for
18 cleaning.
19 G. "Mobile Home Site Rental Units": All mobile home sites
20 in the City of San Bernardino designed for rental use or actually
21 rented at any time on or after the effective date of this
22 ordinance, and all services, privileges, furnishings and
23 facilities supplied in connection with the use or occupancy
24 thereof, including garage and parking facilities. The term shall
25 not include:
26 (1) mobile home sites in nonprofit cooperatives owned
27 and controlled by a majority of the residents;
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(2) mobile home sites which a government unit, agency
or authority owns, operates, or manages or which are specifically
exempted from municipal rent regulation by state or federal law
or administrative regulation;
(3) mobile home sites located in a mobile home park
completed or newly constructed after the effective 'date of this
ordinance.
H. "Tenant": A tenant, subtenant, lessee, sublessee or
any other person entitled to the use or occupancy of any mobile
home site rental unit.
1. "Average Per Unit Rehabilitation Cost": The cost of
rehabili tation to the mobile home park, or any portion thereof,
sufficient to bring the mobile home park into compliance with all
applicable City ordinances, divided by the total number of mobile
home sites in the mobile home park. The costs of rehabilitation,
including, bu1: not l:1a11:ed 1:0, in1:eres1: cos1:s on loans for the
purpose of rehabili1:a1:ion, shall have been paid or incurred by
the mobile home park operator six (6) months prior 1:0 or during
the moratorium period or any extension thereof, for
rehabilitation work done siz (6) .onths prior 1:0 or during the
moratorium period or extension thereof.
J. "Average Per Unit Capital Improvement Cost": The cost
of a capital improvement, divided by the number of mobile home
sites in the mobile home park. A "Capital Improvement Cost"
shall be the costs for improvements to the mobile home park or
any building or structure located within the mobile home park,
which improvements have a useful life of five years or more, and
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which costs have been paid or incurred by the mobile home
operator during the moratorium period or any extension thereof
for the capital improvement work done during the moratorium
period of extension thereof. This term shall not include
expenditures for the purchase of land, an existing building, or
any interest in an existing building for the purpose of
increasing the number of mobile home sites in the mobile home
park; nor does it include expenditures necessary to keep or
maintain that level of services provided to the mobile home site
rental unit at its applicable rollback date.
SECTION 3. Rental Increase Moratorium.
A. Beginning on the effective date of this ordinance, and
continuing for one hundred and twenty (120) calendar days
thereafter, or until such time as the Mayor and Common Council
establish a procedure for the adjustment and/or regulation of
rents, whichever occurs first, rents shall be at the levels and
shall not otherwise ~e increased except as provided in
subparagraph B below.
B. During the moratorium period, the maximum rent for a
mobile home site rental unit in the City of San Bernardino shall
be the following:
(1) For a mobile home site rental unit which is
rented as of the effective date of this ordinance, and continues
to be rented thereafter to one or more of the tenants occupying
such rental on the effective date of this ordinance:
The rent shall not exceed that in effect on the
effective date of this ordinance. The level of
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services provided to the rental unit on the effective
date of this ordinance shall not be reduced during
the moratorium period. No notice to the tenant,
whether given before or after the effective date of
this ordinance, shall be effective to increase the
rent during the moratorium period.
(2) For a mobile home site rental unit which is not
rented as of the effective date of this ordinance, but which is
rented during the moratorium period and continues to be rented to
one or more of the same tenants:
The rent shall not exceed that in effect on the
date the mobile home site rental unit is first rented
after the effective date of this ordinance. The
level of services provided to the rental unit on the
rental date shall not be reduced during the
moratorium period.
(3) For a mobile home site rental unit voluntarily
vacated on or after the effective date of this ordinance, and
prior to the end of the moratorium period:
If the vacancy was voluntary (i.e., not the
result of aft an unlawful eviction, other than for
just cause), wfte-efteP-fer-jtis<t-~~~~'wi:9e;-~
ef-~~-ftem~~p~-~L8-ref~s8i-~~-e
per!ed!e-k~~-~ea&e-8~reemeftt77 then the rent
may be increased to the market rate upon the re-
rental of the mobile home site rental unit. So long
as such unit continues to be rented to one or more of
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1 the tenants first occupying the mobile home site
2 rental unit at the time of such re-rental, such rent
3 shall not exceed that in effect on the date the
4 rental unit is first re-rented, nor shall the level
5 of services provided on that re-rental date be
6 reduced during the moratorium period.
7 ( 4 ) For mobile home site rental units vacated other than
8 voluntarily after the effective date of this ordinance:
9 The rent for such mobile home site rental unit
10 shall not thereafter exceed the rent in effect
11 immediately prior to such involuntary vacation,
12 unless the unit is subsequently voluntarily vacated.
13 The level of services provided prior to such
14 inVOluntary vacation shall not be reduced during the
15 moratorium period.
16 (5) For a mobile home site rental unit which has been
17 found to be in violation of any then existing City ordinance:
18 The rent shall not exceed that amount dictated
19 by the above subparagraphs (1) through (4),
20 inClusively, plus the average per unit rehabilitation
21 cost amortized over not less than a thirty-six month
22 period, which costs have been incurred by the mobile
23 home park operator during the moratorium period for
24 rehabilitation work done during the moratorium period
25 for the sole purpose of bringing the subj ect
26 property into compliance with City ordinances.
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1 (6) For a mobile home site rental unit with respect to
2 which capital improvement costs are incurred:
3 The rent shall not exceed the amount dictated by
4 the above subparagraphs (1) through (5), inclusive,
5 plus the average per unit capital improvement cost
6 amortized over a sixty-month period.
7 C. Subparagraph (5) and subparagraph (6) of Paragraph B
8 above shall not be applicable to any mobile home park unless the
9 mobile home park operator of such mobile home park has provided
10 the Community Development Department with written proof
11 satisfactory to that department that the cost of rehabilitation
12 work or capital improvement work was incurred during the
13 moratorium period and that the rehabilitation or capital
14 improvement work was completed during the moratorium period.
15 D. The Mobile Home Moratorium Review Committee Meek~-Hellle
16 Park-~-Hee-~~~~-eee is hereby established and authorized to
17 hear and decide the appeal of any action taken by any official of
18 the City of San Bernardino pursuant to the authority of this
19 ordinance or any part thereof except the commencement of criminal
20 prosecution and to hear appeals related to the interpretation of
21 any provision hereof, except any criminal provision. Aft-appea~
22 ef- 'fI:fty-~ee i s~en- -o-!- -tfl~ -MOOH,e-1fome. -pap~ -Ad- -Ho&-GoninI-:H!1:ee -llIay
23 -efterea!--eep - ee- _6e- <t&- k-he- ~ -end- ~-oIIII'IIOfr ~~H,. -:I:ft -aeeepE!aftee
24 wi<t~--efte-~peY~~~ft8-~-eftap<t~-~~64-~-tfte-~-Be~~
25 M~ftke~pa~-€ede~ All decisions by said COmmittee shall be final.
26 The Mobile Home Moratorium Review Committee shall be comprised of
27 five (5) members who shall be appointed by the Mayor and Common
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1 Council. All administrative costs of said C..,......itt_ shall be
2 paid in a aanner to be established by resolution by the Mayor ane
3 COllllon Council. Said Co..i ttee shall be fiscally self-
4 sustaining.
5 SECTION 4. Violation of Ordinance.
6 (A) It shall be unlawful for any mobile home park operator
7 to demand, accept, receive or retain may payment of rent in
8 excess of the maximum lawful rents set forth in this ordinance.
9 Any person violating any of the provisions, or failing to comply
10 with any of the requirements of this ordinance, shall be guilty
11 of a misdemeanor. Any person convicted of a misdemeanor under
12 the provisions of this ordinance shall be punishable by a fine of
13 not more than Five Hundred ($500.00) Dollars or by imprisonment
14 in the County Jail for a period of not more than six months, or
15 by both. Each violation of any provision of this ordinance, and
16 each day during which any such violation is committed, permitted,
17 or continued, shall constitute a separate offense.
18 (B) The Community Development Department is hereby
19 authorized to commence actions for violations of the provisions
20 of this ordinance through the filing of long form complaints with
21 the office of the City Attorney.
22 SECTION 5. Refusal of a Tenant to Pay Rent Increase. A
23 tenant may refuse to pay any increase in rent which is in
24 violation of this ordinance and such violation shall be a defense
25 in any action brought to recover possession of a mobile home site
26 rental unit or to collect the illegally charged rent increase.
27 SECTION 6. Severability. If any provision or clause of
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this ordinance or the application thereof to any person or
circumstance is held to be unconstitutional or to be otherwise
invalid by any court of competent jurisdiction, such invalidity
shall not affect other ordinance provisions or clauses or
applications thereof which can be implemented without the invalid
provision or clause or application, and to this end the
provisions and clauses" of this ordinance are declared to be
severable.
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino, at a
meeting held on the
, 19__, by the following vote, to wit:
day
of
AYES:
Council Members
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day of
, 19
W. R. HOLCOMB, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN, City Attorney
BY:
JFW:ss
August 21, 1989
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ORDINANCE
ORDINANCE OF THE CITY OF SAN BERNARDINO PROVIDING THAT
RENTS FOR MOBILE HOME SITES SHALL NOT EXCEED THOSE IN EFFECT ON
THE EFFECTIVE DATE OF THIS ORDINANCE, AND TEMPORARILY PROHIBITING
RENTAL INCREASES THEREFOR.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1:
Purpose.
Pending further study of the
development and adoption of measures to address the problems
created by the present apparent mobile home site shortage, it is
necessary, on an interim basis, to prohibit rental increases on
mobile home sites within the City of San Bernardino.
SECTION 2.
Definition of Terms.
Unless it is apparent
from the context that another meaning is intended, the following
words and terms when used herein shall have the meaning ascribed
to them by this Section.
A.
"Services":
Services connected with the use or
occupancy of a mobile home site including, but not limited to,
repairs, replacement, maintenance, painting, light, heat, water,
refuse removal, sewage removal, furnishings, telephone, parking
and any other benefits, privileges or facilities.
B.
"Site" :
Any area or tract of land or portion of a
mobile home park designated or used for the occupancy of one
mobile home.
C.
"Mobile Home Park":
Any area or tract of land where
two or more mobile home sites are rented or leased or held out
for rent or lease to accommodate mobile homes used for human
habitation.
The rental paid for any such mobile home shall be
deemed to include rental for the site it occupies.
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D.
"Mobile Home Park Operator":
An owner, llC,ssor,
sublessor, including any persons, firm, corporation, partner~nip,
or other entity, entitled to receive rent for the use of any
mobile home site, or the agent, representative or SUccessor of
any of the foregoing.
E. "Moratorium Period": The period of time beginning on
the effective date of this ordinance and continuing for 120
calendar days thereafter, or until such time as the Mayor and
Common Council establish a procedure for the adjustment and/or
regulation of rents, whichever occurs first.
F.
"Rent":
The consideration, including any bonus,
benefits or gratuity demanded or received, for or in connection
wi th the use or occupancy of a mobile home site (but not the
transfer of a lease for such a unit) ep-ttl.e-<t~eMf~'Cf-.. leBse
fep-s~eft-e-~ft~~, including but not limited to monies demanded or
paid for parking, for furnishings, for services of any kind, for
subletting, or for security deposits for damage and/or for
cleaning.
G. "Mobile Home Site Rental Units": All mobile home sites
in the City of San Bernardino designed for rental use or actually
rented at any time on or after the effective date of this
ordinance, and all services, privileges, furnishings and
facilities supplied in connection with the use or occupancy
thereof, including garage and parking facilities. The term shall
not include:
(1) mobile home sites in nonprofit cooperatives owned
and controlled by a majority of the residents;
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(2) mobile home sites which a government unit, agency
or authority owns, operates, or manages or which are specifically
exempted from municipal rent regulation by state or federal law
or administrative regulation:
(3) mobile home sites located in a mobile home park
completed or newly constructed after the effective 'date of this
ordinance.
H.
"Tenant":
A tenant, subtenant, lessee, sublessee or
any other person entitled to the use or occupancy of any mobile
home site rental unit.
1. "Average Per Unit Rehabilitation Cost": The cost of
rehabilitation to the mobile home park, or any portion thereof,
sufficient to bring the mobile home park into compliance with all
applicable City ordinances, divided by the total number of mobile
home sites in the mobile home park. The costs of rehabilitation,
including, but not l:1a1ted to, interest costs on loans for the
purpose of rehabilitation, shall have been paid or incurred by
the mobile home park operator six (6) months prior to or during
the moratorium period or any extension thereof, for
rehabilitation work done Biz (6) .onths prior to or during the
moratorium period or extension thereof.
J. "Average Per Unit Capital Improvement Cost": The cost
of a capital improvement, divided by the number of mobile home
sites in the mobile home park.
A "Capital Improvement Cost"
shall be the costs for improvements to the mobile home park or
any building or structure located within the mobile home park,
which improvements have a useful life of five years or more, and
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which costs have been p,aid or incurred by the mobile home
operator during the moratorium period or any extension thereof
for the capital improvement work done during the morator'ium
period of extension thereof. This term shall not include
expenditures for the purchase of land, an existing building, or
any interest in an existing building for the purpose of
increasing the number of mobile home sites in the mobile home
park; nor does it include expenditures necessary to keep or
maintain that level of services provided to the mobile home site
rental unit at its applicable rollback date.
SECTION 3. Rental Increase Moratorium.
A. Beginning on the effective date of this ordinance, and
continuing for one hundred and twenty (120) calendar days
thereafter, or until such time as the Mayor and Common Council
establish a procedure for the adjustment and/or regulation of
rents, whichever occurs first, rents shall be at the levels and
shall not otherwise ~e increased except as provided in
subparagraph B below.
B. During the moratorium period, the maximum rent for a
mobile home site rental unit in the City of San Bernardino shall
be the fOllowing:
(1) For a mobile home site rental unit which is
rented as of the effective date of this ordinance, and continues
to be rented thereafter to one or more of the tenants occupying
such rental on the effective date of this ordinance:
The rent shall not exceed that in effect on the
effective date of this ordinance. The level of
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services provided to the rental unit on the effective
date of this ordinance shall not be reduced during
the moratorium period. No notice to the tenant,
whether given before or after the effective date of
this ordinance, shall be effective to increase the
rent during the moratorium period.
(2) For a mobile home site rental unit which is not
rented as of the effective date of this ordinance, but which is
rented during the moratorium period and continues to be rented to
one or more of the same tenants:
The rent shall not exceed that in effect on the
date the mobile home site rental unit is first rented
after the effective date of this ordinance. The
level of services provided to the rental unit on the
rental date shall not be reduced during the
moratorium period.
( 3 ) For a mobile home site rental unit voluntarily
vacated on or after the effective date of this ordinance, and
prior to the end of the moratorium periOd:
If the vacancy was voluntary (i.e., not the
result of aft an unlawful eviction, other than for
just cause), wfte-efteP-fer-jtis<t-~~~~-se;-~
ef-~~-ftem~~p~-~pL8-ref~s8i-~~-8
periedie-~~-~ea&e-e~reemeftt77 then the rent
may be increased to the market rate upon the re-
rental of the mobile home site rental unit. So long
as such unit continues to be rented to one or more of
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the tenants first occupying the mobile home e~te
rental unit at the time of such re-rental, such rent
shall not exceed that in effect on the date the
rental unit is first re-rented, nor shall the level
of services provided on that re-rental date be
reduced during the moratorium period.
( 4 ) For mobile home site rental units vacated other than
voluntarily after the effective date of this ordinance:
The rent for such mobile home site rental unit
shall not thereafter exceed the rent in effect
immediately prior to such involuntary vacation,
unless the unit is subsequently voluntarily vacated.
The level of services provided prior to such
involuntary vacation shall not be reduced during the
moratorium period.
(5) For a mobile home site rental unit which has been
found to be in violation of any then existing City ordinance:
The rent shall not exceed that amount dictated
by the above subparagraphs (1) through (4),
inclusively, plus the average per unit rehabilitation
cost amortized over not less than a thirty-six month
period, which costs have been incurred by the mobile
home park operator during the moratorium period for
rehabilitation work done during the moratorium period
for the sole purpose of bringing the subj ect
property into compliance with City ordinances.
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(6) For a mobile home site rental unit with l~spect to
which capital improvement costs are incurred:
The rent shall not exceed the amount dictated by
the above subparagraphs (1) through (5), inclusive,
plus the average per unit capital improvement cost
amortized over a sixty-month period.
C. Subparagraph (5) and subparagraph (6) of Paragraph B
above shall not be applicable to any mobile home park unless the
mobile home park operator of such mobile home park has provided
the Community Development Department with written proof
satisfactory to that department that the cost of rehabilitation
work or capital improvement work was incurred during the
moratorium period and that the rehabilitation or capital
improvement work was completed during the moratorium period.
D. The Mobile Home Moratorium Review Cr-ittee Meek~-HeIlIe
Park-~-Hee-~~~~-eee is hereby established and authorized to
hear and decide the appeal of any action taken by any official of
the City of San Bernardino pursuant to the authority of this
ordinance or any part thereof except the commencement of criminal
prosecution and to hear appeals related to the interpretation of
any provision hereof, except any criminal provision. Aft-appea~
ef--e:ny- ~ee is~en- -o-!- - ti'l~ -Mo-b~ re-1fome.-pap~ -Ad- -Ho& -GoninI-:H!tee -llIay
-eftereaf-esp - ee- _6e- <t&- k-he- ~ -end-~"CIIlIIIOn- ~~H,. -:I:ft -aeeepE!aftee
wi<t~--efte-~pey~~~fte-~-eftep<t~-~~64-~-tfte-~-Be~~
M~ftke~pa~-€ede~ All decisions by said CoaBittee shall be final.
The Mobile Home MoratoriUII Review COmmittee shall be comprised of
five (5) members who shall be appointed by the Mayor and Common
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Council.
All ada:1nistrative costs of said Co i tt_ shaJ,l be
paid in a aanner to be establ:1shed by resolut:1on by the Mayor ane
Common Council.
Said Committee shall be fiscally self-
sustaining.
SECTION 4. Violation of Ordinance.
(A) It shall be unlawful for any mobile home park operator
to demand, accept, receive or retain may payment of rent in
excess of the maximum lawful rents set forth in this ordinance.
Any person violating any of the provisions, or failing to comply
with any of the requirements of this ordinance, shall be guilty
of a misdemeanor.
Any person convicted of a misdemeanor under
the provisions of this ordinance shall be punishable by a fine of
not more than Five Hundred ($500.00) Dollars or by imprisonment
in the County Jail for a period of not more than six months, or
by both. Each violation of any provision of this ordinance, and
each day during which any such violation is committed, permitted,
or continued, shall constitute a separate offense.
(B) The Community Development Department is hereby
authorized to commence actions for violations of the provisions
of this orpinance through the filing of long form complaints with
the office of the City Attorney.
SECTION 5. Refusal of a Tenant to Pay Rent Increase. A
tenant may refuse to pay any increase in rent which is in
violation of this ordinance and such violation shall be a defense
in any action brought to recover possession of a mobile home site
rental unit or to collect the illegally charged rent increase.
SECTION 6.
Severability.
If any provision or clause of
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th~s ordinance or the application thereof to any person or
circumstance is held to be unconstitutional or to be otherwise
invalid by any court of competent jurisdiction, such invalidity
shall not affect other ordinance provisions or clauses or
applications thereof which can be implemented without the invalid
provision or clause or application, and to this end the
provisions and clauses- of this ordinance are declared to be
severable.
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino, at a
of
meeting held on the
, 19__, by the fOllowing vote, to wit:
Council Members
day
AYES:
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day of
, 19__
W. R. HOLCOMB, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN, City Attorney
BY:
JFW:ss
August 21, 1989
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ORDINANCE
-ORDINANCE OF THE CITY OF SAN BBRNARDINO PROVIDING ~HAT
.l~~~:' H= ~=~~~ ~:H:~~~G ~~~~AiN IB:g~S:
. -I' ,'. -",~..:,
THB MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SBCTION 1:
Pending further study of the
Purpose.
development and adoption of .easures to address the problems
created by the present apparent mobile home site shortage, it is
necessary, on an interim basis, to prohibit rentltl increases on
mobile home sites within the City of San Bernardirib.
SECTION 2. Definition of Terms. Unle_ it is apparent
from the context that another _aning is intended, the fclUOWing
l'
words and terms when used herein shall have tha meaning .scribed
to them by this Section.
A.
"Services":
Services connected with the use or
occupancy of a mobile home site including, but not limited to,
repairs, replacement, maintenance, painting, light, heat, water,
refuse removal, sewage removal, furnishings, telephone, parking
and any other benefits, privileges or facilities.
B. "Site": Any area or tract of land or portion of a
mobile home park designated or used for the occupancy of one
IDObi~" home.
C. "Mobile Home Park": Any area or tract of land where
two or more mobile home sites are rented or leased or held out
for rent or lease to accommodate mobile homes used for human
habitation. The rental paid for any such mobile home shall be
deemed to include rental for the site it occupies.
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D.
"Mobile Home Park Operator":
An owner, le..or,
aublesllOr, including any persons, fira, corporation, par1:nership,
Olt."8Il1:ity, entitled to receive rent for the use of any
~jIf:home s~te, or the agent, representative or successor of
any of the foregoing.
E. "MoratoriUII Period": The period of tille beginning on
the effective date of this ordinance and continuing for 120
calendar days thereafter, or until such tille as the Mayor and
".-oI\On COuncil establish a procedure for the adjust_nt and/or
regulation of rents, whichever occurs first.
F.
"Rent":
The consideration, including any bonus,
benefits or gratuity demanded or received, for or in connection
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with the use or occupancy of a mob!le home site (but Bot the
transfer of a le_. for such a unit) ep-~-UUUlf~'Cf-'" laasa
fep-.~eft-.-~<t7 including but not limited to aonie. deaanded or
paid for parking, for furnishings, for services of any kind, for
subletting, or for security deposits for damage and/or for
cleaning.
G. "Mobile Home Site Rental Units": All mobile home sites
in the City of San Bernardino designed for rental use or actually
rented at any time on or after the effective date of this
ordinance, and all services, privileges, furnishings and
fac~~ti.s supplied in connection with the use or occupancy
thereof, including garage and parking facilities. The term shall
not include:
(1) mobile home sites in nonprofit cooperatives owned
and controlled by a majority of the residents;
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(2) IIIObila hom. .it.. wtUch a govexnaent urUt, agency
or .\I~i'ty oWn., operate., or aanage. or which are Specifically
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u 'J1J1~ frca municipal rent regulation by state or federal law
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or a~.trative regulation;
(3) mobile home site. located in a mobile home park
completed or newly constructed after the effective date of this
ordinance.
H. "Tenant": A tenant, subtenant, le.s.., sublessee or
any other person entitled to the use or occupancy of any IIIObile
home site rental unit.
1. "Average Per unit Rehabilitation Cost-t The cost of
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rehabilitation to the mobile hoIIIe pule. or any portion ~reof,
sufficient to bring the IIIObile hoIIIepark into coapliance with all
applicable Ci'ty ordinances, divided by the total number of IIIObile
homa sites in the mobile home park. The costs of rehabilitation,
includ1.ng, but not l:1a1'ted to, 1Dteres1: coats OIl loans for the
purpose of rehabilitation, shall have been paid or incurred by
the mobile home park operator siz (6) .onths prior to or during
the moratorium period or any extension thereof, for
rehabilitation work done siz (6) .onths prior to or during the
moratorium period or extension thereof.
J. "Average Per Unit Capital Improvement Cost": The cost
of a" capital improvement, divided by the number of mobile home
sites in the mobile home park. A "Capital Improvement Cost"
shall be the costs for improvements to the mobile home park or
any building or structure located within the mobile home park,
which improvements have a useful life of five years or more, and
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which costs have been paid or incurr.4 ~ ~h. iobile hoae
oper~~r during the I8Oratoriua period or eny _ten.lon thereof
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for ~ capital improve.ent work done during the moratorium
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perioit" of extension thereof. This tera shall not inClude
expenditures for the purchase of land. an uisting building, or
any interest in an existing bui14~ng for the purpose of
increasing the number of I80bila ~ sit.. in the I80bile home
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park: nor does it include expenditur"nec~,.ary to keep or
maintain that level of service. provided to the' I80bile heme site
rental unit at its applicable rollback ~~.
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SECTION 3. Rental Increase MDz~:~
. . ;:,:,:--,<;-:~,,,::~>,-,::"->'-'""':'--,(
A. Beginning on the affeot;:l.~;~i[~~li~. ordinarr' and
continuing for one hundred an4~~J.\")Calendr days
thereafter, or until .uch time as ,~. ~r ___ C;~on Council
"','"
e.tablish a procedure for the adju.tl.jhJ~ and/or regulation of
rents, whichever occurs first, rents "11 H at the levels and
shall not otherwise be increased except as provided in
subparagraph B below.
B. During the I8Oratoriumperiod, the maximum rent for a
20 mobile home site rental unit in the City of San Bernardino shall
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(1 )
For a mobile home site rental unit which is
23 rented'as of the effective date of this ordinance, and continues
24 to be rented thereafter to one or more of the tenants occupying
25 such rental on the effective date of this ordinance:
26 The rent shall not exceed that in effect on
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December 1, 1988. If a tenant bas occupied a mobile
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Ix.e 81.te rental un1.t: 8Ubsequent to Dee-..... 1, 1988,
and baW.an Dee_haY" 2, 1988, and the effect:1._ dat:e
of 'tb1a OJ:'d1nsnce, the rent shal.l DOt: exceed t:bat in
effect: an the dat:e of sa1.d occupat:1on. The level of
services provided to the rental unit on December 1,
1988, shall not b. reduced during the moratorium
period. '1'he level of serv:1ces prov:1ded 1;0 the rental
un:1t on the date of occupat:1oD of sa:1d UD:1t b7 a
tenant who commenced occupat::1oD of said UD:1t
subsequent to Dee-ber 1, 1988, and beb881l Dec-~
2, 1988, and the effecti_ dat:e of t:h:1a ordtn~.,
shall DOt: be ~Iced during the ....1;odua period.
No notice to the tenant, whether given before or
after the effective date of this ordinance, shall be
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effective to increase the rent during the moratorium
period.
(2) For a mobile home site rental unit which is not
rented as of the effective date of this ordinance, but which is
rented during the moratorium period and continued to be rented to
one or more of the same tenants:
The rent shall not: exceed that in effect on the
date the mobile home site rental unit is first rented
after the effective date .of this ordinance. The
level of services provided to the rental unit on the
rental date shall not be reduced during the
moratorium period.
( 3 ) For a mobile home site rental unit voluntarily
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vacated on or after the effect:l.ve date of this ordinance, and
prior to the end of the moratorium period:
If the vacancy was VOluntary (i.e., not the
reBul t of aft an unlawful eviction, other 1:ban for
just cause), wM~l'-feJ!'-:il:lS<t-eMl.e ~~~-~
.f-tIIObi-~-h."""P'8'P~-epera1lln'Le-J!'efl:lsei-<to- !!fanav-a
pe!!'i..ie-~~-~"'-81!!'e..eftt77 then the rent
may be increased to the market rate upon the re-
rental of the mobile home site rental unit. So long
as such unit continues to be rented to one or more of
the tenants first occupying the 1I0bile home site
rental unit at the time ,of such re-rental, such rent
shall not exceed that in effect on the date the
rental unit is first re-rented, nor shall tha level
of services provided on that re-rental date be
reduced during the moratorium period.
(4) For mobile home site rental units vacated other than
voluntarily after the effective date of this ordinance:
The rent for such mobile home site rental unit
shall not thereafter exceed the rent in effect
immediately prior to such involuntary vacation,
unless the unit is subsequently voluntarily vacated.
The level of services provided prior to such
involuntary vacation shall not be reduced during the
moratorium period.
(5) For a mobile home site rental unit which has been
found to be in violation of any then existing City ordinance:
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The rent shaJ.l net exceed that lIIIOunt dictated
by th. above subparagraphs (1) through (4),
1nclu.1v.ly, plus the average per un1t rehabilitation
cotrt IIIIOrtized ov.r not l.s. than a thirty-six month
period, which costs have been incurred by the mobile
home park operator during the moratorium period for
rehabilitation work done during the moratorium period
for the sole purpose of bringing the Subject
property into compliance with City ordinances.
( 6 ) For a mobile home site rental unit with r.spect
to which capital improv....nt co.t. are incurred:
The rent shall not exceed the amount dictated by
the above subparagraphs (1) through (5), inclusive,
plus the average per unit capital improvem.nt cost
amortized over a sixty-month period.
C. Subparagraph (5)' and subparagraph (6) of Paragraph B
above shall not be applicable to any mobile home park unle.s the
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mobile home park operator of such mobile home park has provided
the Community Development Department with written proof
satisfactory to that department that the cost of rehabilitation
work or capital improvement work was incurred during the
moratorium period and that the rehabilitation or capital
improv....nt work was completed during the moratorium period.
D. The Mobile IImIe Moratorium Revi_ C--itt_ Melt~~-HeIlIe
Pal'k-,lrdo-Hee-~~:l:-1t-eee is hereby establ.ished and authorized to
hear and decide the appeal of any action taken by any official of
the City of San Bernardino pursuant to the authority of this
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ordinance or any part t:hereo~ except the c~nc~t: o~ crillinal
pro.acut:1on and to haar appeals ralated to the interpratation of
any provision her.of. M-e....i--of-~""'4iee;l,.:i:eft-~-~~le
He.e-~~-Hee-ee..itt"-iINlY'"1I1.~..'ll.~ -.,.-....-~1he-~aye!'
aftIt- €emaeft- ~-i- -in- -aeeeNltftee-wit!l.- -tIle-"pI!'O'\. Lsion.~-e!lep1le!'
:ilrU-e'-t!l..-6_ B8nlH'.aifle--MuM.<<-pei-.(Jod8. A1l clec1.iOlUl of the
C i tt_ are final. 'l'he Mobile a.e Nor.tori.. 1te91_ ('.0 i'ttee
&hall be Oo.......ised o~ n". (5)
~.::. who shall be eppo1.Jrted by
the Mayor and 0
.., COuncil. A1l .-flli81:raU". ooe1:8 o~ said
Co..it.. shall b. paid in a .annar to ba a.t:abli.had by
resolution of the Mayor and C llIl COunct 1. Said 0 f ttea 8ha1l
be fisca1ly self-sustaining.
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SECTION 4. Violation of Ordinanc..
(A) It shall b. uniawful for any mobile hoIIIe park operator
to d.mand, accept, rec.iva or r.tain may payment of rent in
.xcess of the maximum lawful r.nt. set forth in this ordinance.
Any person violating any of the provisions, or failing to comply
with any of the requir....nts of this ordinance, shall be guilty
of a misdemeanor. Any person convict.d of a misd_eanor under
the provisions of this ordinanc. shall be punishable by a fin. of
not more than Five Hundred ($500.00) Dollars or by imprisonment
in tha County Jail for a period of not more than six months, or
by both. Each violation of any provision of this ordinance, and
.ach day during which any such violation is committed, permitted,
or cont:inued, shall constitute a s.parate offense.
(8) The Community Development Department is hereby
authorized to commence actions for violations of the provisions
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o~ this ordinance throu~ the fil~ng of long form complaints with
the o~fice of the City Attorney.
SBCTION 5. Refusal of a Tenant to Pay Rent Increase. A
tenant may refuse to pay any increase in rent which is in
violation of this ordinance and such violation shall be a defense
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in any action brought to recover possession of a mobile home site
rental unit or to collect the illegally charged rent increase.
SECTION 6. Severability. If any provision or clause of
this ordinance or the application thereof to any person or
circumstance is held to be unconati1;utional or to be otherwise
invalid by any court of competent jurisdiction, 8Uch invalidity
shall not affect other ordinance provisions or clau..s or
applications thereof which can be iIIpl..ented without the invalid
proviSion or clause or application, and to ~hi. end the
provisions and clauses of this ordinance are declared to be
severable.
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino, at a
meeting held on the
day
of
, 19__, by the following vote, to wit:
Council Members
AYES:
NAYS:
ABSENT:
City Clerk
/ / /
/ / /
JFW:ss
August 21, 1989
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The foregoing resolution is hareby approved this
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day of
, 19
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W. R. HOLCOMB, Mayor
City of San Bernardino
5 Approved as to form
and legal content:
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