HomeMy WebLinkAboutR06-Redevelopment Agency
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DXILOPII..r DIPARr~.r
OF rill CIt'I OF SAIl RYllIIJ,lInIJIO
REODlsr FOR ClMUSSIOK/COUIfCIL ACTIOK
From:
KENNETH J. HENDERSOR
Executive Director
Subject: IIOBILBIHlIIB PAD: IIIIr
STABILIZArIOB ORDIIWtCB
Date:
October 14, 1992
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SvnoDsis of Previous Commission/Council/Committee Action(s):
On August 27, 1992, September 26, 1992 and October 13, 1992, the
Housing Committee considered this matter and on October 13, 1992
recommended to the Mayor and Common Council approval of the subject
item.
Recommended IIotion(s):
(KaYar and CnmMnn Council)
AW OIlDIIWIClI: OF rill CIt'I OF SAIl Ru.J.1InIJIO AImOlIlIG CIIAPUR 8.90 OF
rill SAW BBJIlWIDIIO IlIlIIICIPAL com: PBRTAIlUlIG TO IIOBILIBOIII PAR IIIIr
STABILIZArIO. (FIRSr RBADIlIG)
MOTION:
That the Mayor and Common Council waive further reading
of the ordinance and layover for final adoption.
~O.
Executive Director
Contact Person(s):
Ken Henderson
Phone:
508l
Project Area(s):
Ward(s) :
1 - 7
All
Supporting Data Attached:
Staff ReDort/Ordinance
FUNDING REQUIREMENTS:
Amount: $
Source:
N/A
R/A
Budget Authority:
N/A
Commission/Council Rates:
KJH:GWB:mkc:26l7J
COKKISSIO. IlBETIlIG AGENDA
Meeting Date: 10/19/19~
Agenda Itea w.ber:
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DrvZLoPKz.r DIPARrKI.r
OF rill CIt'I or SAR' RYlllIllInIJIO
STAFF IlPORr
IIOBJI.YllOIII COIlVR1l!:IOB
Attached is a revised copy of the Mobilehome Park Rent Stabilization
Ordinance. These revisions in the ordinance have been recommended by a
committee of mobilehome owners and supported by the Kobilehome lent
Board. The Housing Committee has held hearings on the recommended
changes and on October 13, 1992, recommended to the Mayor and Common
Council approval of same.
Staff recommends adoption of the form motion.
OK, Executive Director
taent
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KJH:GWB:mkc:2617J
CORIISSIOI IlBETIlIG AGENDA
lIeeting Date: 10/19/1992
Agenda Itea w.ber: to
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ORDZKANCI!: NO.
AN ORDZKANCE OF TIlE CZTY OF SAN BERNARDJ:KO AMIDIDZNC CHAPTER
8.90 OF 'rilE SAN BERNARDZNO MUNZCZPAL CODE REL&TJ:NC TO MOBUE HOKE
PARK REN'1' STABZLZZATZON. '
'rilE MAYOR AND COMMON COUNCU OF TIlE CZTY OF SAN BERNARDZNO
DO ORDAZN AS FOLLOWS:
SEC'l'ZON 1. Chap'ter 8.90 of 'the San Bernardino Municipal
Code i. hereby amended 'to read aa follows:
"8.90.010. Ti'tle.
This Chapter may be ci'ted as the Mobile Home Park Rent
Stabilization Ordinance of the City of San Bernardino, California.
8.90.020. Sta'tement of purpose.
A. Mobile home owners have a substan'tial investment
in their residences and appurtenances for which space is rented or
leased.
Al'ternate si'tes for relocation of mobile homes are
difficul't 'to find due 'to 'the shortage of vacan't spaces, the
restrictions of age, size, or s'tyle of mobile homes permi'tted in
many parks, and related to 'the installa'tion of mobile homes,
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including permi'ts, landscaping and site prepara'tion. Additionally,
the cost of moving a mobile home is subs'tantial, and the risk of
damage in moving is significant.
The result of 'these condi'tions is 'the creation of a
cap'tive market of mobile home owners and 'tenan'ts. This
immobili'ty, in 'turn, contributes to the creation of a grea't
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
DAB/...}NObile-5.ord
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income, exorbi'tan't ren't adjus'tmen'ts fall upon these individuals
with par'ticular harshness. The con'tinuing possibility of
unreasonable space rental adjus'tmen'ts in mobile home parks
threatens 'to diminish the value of 'the inves'tment of the mobile
home owners. Fur'ther, existing sta'te law permits mobile home park
owners to require mobile home owners 'to make modifications to
'their homes for reasons of aesthe'tics or conformi'ty to park
standards 'that amount to capital improvements which would accrue
'to 'the benefi't of 'the park owner by potentially increasing 'the
marke't value of the park itself.
C. This COuncil finds and declares it necessary to
facili'ta'te and encourage fair bargaining between mobile home
owners and park owners in order to achieve mu'tually satisfac'tory
agreemen'ts regarding space rental rates in mobile home parks.
Absent such agreements, this COuncil fur'ther finds and declares it
necessary 'to protect the owners and residents of mobile homes from
.unreasonable space rental adjus'tments while simul'taneously
~ecognizing and providing for 'the need of park owners to receive
a just and reasonable return on 'their property.
D. Admin1stra'tion of 'this Chapter shall be under the
general direc'tion of 'the San Bernardino Mobile Home Board.
8.90.030. Applica'tion.
The provisions of this Chapter shall apply 'to all
mobile home residential ren'tal spaces located within the City of
San Bernardino except if otherwise exempt from 'the provisions of
this 'title, as such exemp'tions are provided for hereinafter.
Nothing in 'this chapter shall be deemed to supersede any provision
of California Civil COde Section 798.15 e't seq.
Jll\B/.../Mobile-5.ord 2 October 15. 1992
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8.90.040. Definitions.
In cons'truing 'the provisions of this Chapter, the
following defini'tions 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 gra'tuit:y, demanded or received by a landlord for
the use and occupancy, including services and amen1'ties, of a
residen'tial rental space.
C. "Residen'tial rental space" means any mobile home
space occupied by any person o'ther than the owner of 'the park for
payment of ren't pursuant 'to an oral or written lease, or o'ther
form of rental agreement.
D. "Tenant" means any person enti'tled 'to or proposing
'to occupy such mobile home space pursuant 'to an oral or wri't'ten
lease wi'th the owner thereof, or pursuan't 'to some o'ther ren'tal
~greament wi'th 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 thereaf'ter. These documents
are publiShed by 'the United S'tates Depar'tmen't of Labor Bureau of
Labor S'ta'tistics.
F. "Mobile Home" means a structure designed for human
habi'tation 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 Sec'tion 799.48, mobile home does not inClude
1lAB/.../IIobil.-5.or4 3 October 15. 1992
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"recreational vehicle" as defined in Sec'tion 799.24 of 'the Civil
Code or a "commercial coach" as defined in Section 18218 of the
Heal'th and Safety Code.
G. "Mobile Home Owner" or "Residen't" means any person
en'ti'tled to occupy a mobile home dwelling space pursuant 'to
ownership 'thereof or a rental or lease agreemen't wi'th 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."
I. . "Mobile Home Space or Space" means the site within
a mobile home park in'tended, designed, or used for the location or
accommodation of a mobile home and any accessory struc'tures or
appur'tenances attached 'thereto or used in conjunction therewith.
J. "Rent Adjustments" means any rent increase or
decrease demanded of or paid by a 'tenan't, inCluding any reduction
..in housing services without a corresponding reduction in 'the
\monies demanded or paid for rent.
K. "Rental Agreemen't" 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 Ren't" means 'the consideration, including
any bonuses, benefits, or gra'tuities 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/e.e'--ile-5.ord 4 October 15. 1992
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mobile home space ehall include the exercise of all righ'ts and
privileges and 'the use of facili'ties, services and amenities
accruing 'to the residents thereof. "Space Ren't" shall not inClude
any separately billed u'tility fees and charges for na'tural gas or
liquid propane gas, electrici'ty, water, cable television, garbsge
or refuse service and sewer service.
M. "Tenancy" means 'the right of a 'tenan't to 'the use
of a mobile home site wi'thin a mobile home park on which 'to
loca'te, main'tain, and occupy a mobile home, site improvemen'ts and
accessory structures: for human habita'tion, including the use of
the services and facili'ties of the mobile home park.
N. "Vacancy" means the condi tion 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
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..following:
\ A. New Space or First Time Space Exemption - Space
ren't or space rent adjustmen'ts for new mobile home spaces whether
in newly constructed parks or such spaces first rented after 'the
effec'tive date of this Chapter shall be exempt from the provisions
of this Chap'ter to the exten't 'that 'those ren'ts would have been
con 'trolled had 'the spaces been previously occupied. There shall
be no prospective exemption in such circumstances, however, as 'to
rents 'that may be adjus'ted annually under this Chapter after a
space is first rented. In such cases, the base date for purposes
of determining permissible fu'ture rent adjustments shall be 'the
date of first rental or conveyance.
DAB/.e./Mobl1.-5.ord 5 October 15. 1992
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B. Vacancies
1. If the mobile home space is voluntarily
vaca'ted by 'the 'tenant, or vaca'ted pursuan't 'to California Civil
Code Sec'tion 798.56, 'the landlord may adjus't the rental rate to
any amoun't as provided in Subsection A of 'this Sec'tion 8.90.050.
2. Subjec't to the provisions of Civil Code
Sec'tion 798.17, if 'the mobile home is sold and is 'to remain on
si'te, the landlord may only increase the rental ra'te to the new
owner by 'the amoun't which would have been allowed pursuant 'to 'this
Chap'ter if the mobile home had no't been sold.
3. Upon the re-renting of a rental space which
has not been voluntarily vacated by 'the previous tenan't, the base
ren't and the base ren't month shall remain unchanged, and 1:he
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
}'oluntarily and wi'thou't coercion by the landlord vacates 'the
,rental space.
5. All other vacancies are inVOluntary. When a
rental space which has been involun'tarily vacated i~ re-ren'ted,
the landlord shall, not more 'than 'ten (10) days after such re-
ren'ting, give wri't'ten notice 'to the new tenan't of the base rent
and the base ren't date of 'the previous 'tenant and tha't said base
rent and base rent date are applicable 'to 'the new tenan't.
C. Space Rent Agreement Exemp'tion Any rental
agreement in excess of 'twelve-months duration which also meets all
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cri'teria specified by Section 798.15 and Section 798.17 of 'the
California Civil Code, including, but not limited 'to, the tenant
notifica'tion requirement wi 'thin the first paragraph of such ren'tal
agreement, shall be exemp't from 'the space ren't ceiling provisions
of this Chapter, bu't 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 in'to, 'then the last rental agreement shall be the base
rent for purposes of this Chapter.
D. Lease Agreement Exemp'tion - Sec'tion 8.90.080 of
'this Chap'ter does no't apply 'to any residen'tial rental space for
the ren'tal of which the mobile home park owner and 'the 'tenan'ts
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
,tenan't 'the landlord mus't (1) offer 'the 'tenan't 'the op'tion of a
ren'tal agreement for a term of 12 mon'ths or less, (2) provide the
tenan't with a copy of 'the Mobile Home Park Rent S'tabilization
Ordinance, and (3) inform 'the tenant bo'th orally and in writing
tha't if 'the 'tenan't signs a lease agreement or ren'tal agreemen't
wi'th a term in excess of 12 mon'ths, 'the lease agreement or rental
agreemen't may not be subjec't to the terms and pro'tections 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 in'tent of thereby
DAB/.../MOb11.-5.ord
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ob'taining 'the consen't of any o'ther person 1;0 enter into any lease
for 'the occupancy of a residen'tial rental space.
8.90.060. Registration
Within sixty (60) calendar days after 'the effective
da'te of 'this Chapter, mobile home park owners are required to
regis'ter all mobile home parks and mobile home rental spaces
wi 'thin such parks wi'th the Board.
The ini'tial regis'tra'tion shall include: 'the name(s),
business addressees), business 'telephone number(s) of each person
or legal enti'ty possessing an ownership interest in the park and
'the na'ture of such interes't; 'the number of mobile home ren'tal
spaces within the park; a ren't schedule reflecting space ren'ts
within 'the park on the effec'tive da'te of this Chapter; a lis'ting
of all other charges, including utilities not included in space
ren't, paid by mobile home residents within the park and the
approxima'te amount of each such charge; and 'the name, and address
-to which all required no'tices and correspondence may be sent.
, The Board is hereby empowered 'to es'tablish procedures
for requiring such re-regis'tra'tion as i't 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 curren't registration as may 'then be required
for the mobile home park is on file with 'the Board at 'the time the
pe'ti'tion 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 ren't ceiling limita'tion by
DM/aea/llobile-5.ord 8
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reason of the existence of a valid space rent agreement.
8.90.080. Space ren't ceiling or aaximum allowable
space rent.
Beginning the first month which commences following the
day after the effective da'te of 'this Chap'ter, no mobile home park
owner shall charge space ren't for any mobile home space in an
amoun't greater 'than the space rent in effec't on December 31, 1988.
The space rent in effec't on tha't date shall be known as the "space
rent ceiling."
If 'there was no space rent in effec't on December 31,
1988, the space rent ceiling shall be the space rent that was
charged on 'the first da'te that space rent was charged af'ter
December 31, 1988.
If a mobile home park is exempted from the application
of 'this Chap'ter by reason of the exis'tence of a space ren't
agreement and 'this agreemen't expires, 'the space ren't ceiling for
-that park shall be 'the space ren't in effec't on the da'te 'the
\agreemen't expires.
8.90.90.
Space Rent ceiU.ng adjustment - initial
ad1ust:ment.
A. No adjust:ment in space rent ceilings shall be
permit'ted excep't as provided for herein.
B. Permissive Adjust:ment - A park owner shall be
enti'tled to an initial permiSSive adjus'tmen't gross space ren'tal
income equal 'to eigh'ty percent (80t) 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 percen'tage adjustmen't in 'the CPI shall be
DAB/aea/MObila-5.ord 9
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calculated by subtracting the CPI repor'ted for December, 1988,
from the most recen'tly reported mon'thly CPI preceding the
application and 'then dividing 'this remainder by 'the December,
1988, CPl.
8.90.100.
Space rent ceiling adjustment - annual
adjustments.
Commencing in calendar year 1990, park owners shall be
enti'tled to 'the fOllowing annual adjus'tments.
A. Permissive Adjustment - A park owner shall be
en'titled to an annual permissive adjus'tmen't of gross space rental
income equal to eighty percen't (80%> of 'the percentage adjustment
in 'the CPI from the da'te of the most recent ini'tial or annual
adjustment 'to the date of applica'tion for 'the proposed adjustment.
S. Ne't Operating Income Adjustment
1. In 'the even't a park owner believes he or she
does not receive a just and reasonable return on park property
af'ter receiving the maximum permissive adjustment provided for
~bove, said park owner may upon payment of a filing fee
established by resolu'tion of the Mayor and Common Council, file an
application with the Board for an adjustment of the space rent
ceiling, providing adequate justifica'tion for 'the proposed
increase.
2. If the Board shall designa'te a form for the
filing of such petition, such pe'tition 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 tenan't of each rental space which WOU1~ be affected
DAB/.../IlobUe-5.ord 10
October 15. 1992 0
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if the pe'tition were granted, a statement of 'the facts giving rise
'to 'the petition for an NOI adjustmen't in sufficient detail that,
if established, such fac'ts would demonstrate 'the existence of a
decrease in the NOI warranting such NOl adjustment. Wi 'thin thirty
(30) working days after 'the pe'ti'tion has been submitted to the
Board for filing, pe'titioner shall be given notice of the time and
place of the hearing, which no'tice 'toge'ther with a copy of the
pe'ti'tion 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 declara'tion of service has been submi'tted to 'the Board, 'the
pe'tition for an NOI adjustment shall be deemed filed.
3. A park owner shall be entitled to an
adjustmen't of 'the space rent ceiling so as 'to enable 'the park
owner's Ne't Opera'ting Income (NOI) for 'the subsequen't year 'to be
increased by a ra'te which, when added to 'the maximum permissible
adjustmen't provided for above will give 'the park owner a just and
~easonable return on park property.
\ C, No annual adjustmen't shall become effec'tive if a
previous annual adjustment became effective wi'thin the previous
twel ve ( 12) months unless approved by the Board pursuant 'to
Section 8.90.100 B.
8.90.105 Required Cer'tifica'tion on Rental Adjus'tment
Notice.
No owner shall adjus't rents 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 o'ther federal, s'tate or City law,
DAB/.../Mobile-5.ord
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ordinance or regulation concerning mobile home parks.
B. Has failed 'to comply substan'tially with any
applicable s'ta'te or local housing, heal'th or safe1;y law. No owner
shall adjust rent unless 'the notice adjusting ren't con'tains a
s'tatemen't in subs'tantially 'the following form: wThe undersigned
(owner) cer'tifies 'tha't 'this rental space and common areas of 'the
park are no't subject 'to any uncorrected cita'tion or notices of
viola'tion of any s'tate or local housing, health or safety laws or
any other federal, state or ci 1;y law, ordinance or regulation
concerning mobile home parks.w If an owner fails 'to, comply with
this subsection, the tenant may refuse 'to pay the improperly
noticed adjustment, may seek administra'tive or civil remedies
under 'this Chap'ter, and may raise 'the owner's non compliance as an
affirmative defense in any resulting unlawful de'tainer ac'tion.
8.90.110. Mobile Home Rent Board establishment and
powers.
.' A. Establishment - The Mobile Home Board of the Ci1;y
\of San Bernardino is hereby established.
B. Composition - The Board shall consis't of five (5)
regular members and 'two (2) alternate members. One regular member
shall be a space 'tenan't who resides in 'the Ci1;y of San Bernardino:
one member shall be a mobile home park owner, operator, manager or
designa'ted agen't of a mobile home park located in 'the City of San
Bernardino. The two al'terna'te members shall be a space 'tenan't
from a differen't mobile home park other than the regular sl?ace
'tenan't 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 Ci1;y of
IlAB/a./IIoblla-5.ord 12 October 15. 1992
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San Bernardino who are not elected officials, employees, rela'tives
of elec'ted officials or rela'tives of employees of the City of San
Bernardino, and who are neither tenan'ts, owners, operators,
managers or designated agents of mobile home parks and who have no
conflicts of interests due to relationship wi'th same. Candidates
for mambership of the Board shall submi't a verified statemen't
listing all interes'ts in any real property or mobile home as
defined in Sec'tion 798.3 of the California Civil Code, including
ownership, individually, join'tly, legal or equi'table, and all
sales of such proper'ty, or instruments secured by such property,
wi 'thin thirty (30) days of seeking appointment to 'the Board.
C. Nomina'tion and Appointmen't - The regular space
'tenant member and his or her respective alterna'te members shall be
selec'ted by the Mayor and Common Council from a list of
nomina'tions, if any, for the Board submitted by ;mobile home
residents. The regular mobile home park owner member and his or
.ber respective alternate member shall be selected by the Mayor and
\Common Council from a list of nominations, if any, supplied by a
general associa'tion on behalf of 'the various mobile home park
owners associations. The Mayor and Common Council shall nominate
and appoin't the 'three remaining regular Board members. All
members of the Board shall be selec'ted in accordance with
applicable Ci'ty procedures.
D. Term - Each regular member of 'the Board shall
serve for a 'term of two years except as otherwise provided herein.
For 'the firs't Board, the one (1) space 'tenan't member and the one
(1) owner member and 'three (3) at-large resident members shall be
appointed for three (3)-year terms. Thereaf'ter, the successors
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shall be appointecS for 'terms of 'two (2) years. Bach regular
member shall holcS office until a new member has been cSuly
appoin'tecS. Bach alternate member of 'the BoarcS shall serve for a
,
term of two (2) years except as provicSecS herein. Bach al'terna'te
member shall holcS office until a new alterna'te member has been
cSuly appoin'tecS. If a vacancy occurs or an office becomes vacant
other than by expiration of a 'term, it shall be filled by
appointment as previously prescribecS herein for the unexpired
por'tion of such member's 'term. Notwithstanding the above
provisions of this paragraph, a member may be removecS, at any
time, with cause, by a majority vo'te of the Mayor ancS Common
Council. Further notwi'thstancSing the above provisions of this
paragraph, any member who is absen't wi'thout sufficient cause from
'three (3) consecu'tive mee'tings of 'the Board which such member was
requirecS to attend shall be deemecS to have vacated his office.
B. Meetings - To fulfill its function, 'the Board
-shall mee't as often as it deems necessary, bu't at least one
\:regularly SCheduled public mee'ting shall be held every ninety (90)
cSays; or, except as o'therwise se't forth herein, within 'thirty (30)
days of any reques~ for hear~ng or arb~~ra~~on held hereunder,
whichever is earlier. All members of ~he Board, whether regulars
or al'terna~es, shall be required 'to a~'tend all Board meetings and
hearings unless such member has been disqualified from
par'ticipa'tion. All meetings of 'the Board shall be conduc'ted in
accordance wi'th the provisions of the Ralph M. Brown Act.
(Government Code 554950 e't seq.)
F. Voting - The affirmative vote of three (3) members
of the Board is required for a decision, including all motions,
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regulations, and orders of 'the Board. Al'terna'te members may also
participa'te in the Board proceedings but shall have vo't1ng
privileges only when acting in 'the s'tead of an absent regular
member.
G. Quorum - Three (3) Board members shall constitute
a quorum.
H. Powers and Du'ties of Board - The Board shall
under'take and have 'the following duties, responsibilities, and
func'tions, 'together wi'th all powers reasonably incidental 'thereto:
1. Adoption of Rules and Regulations. Subject
'to the approval of the Mayor and Common Council 'the Board may make
and adop't its own administrative rules and regulations as may be
necessary 'to effectuate the purposes and policies of this Chapter
and to enable the Board to carry out its powers and duties
'thereunder, so long as such rules and regula'tions are consis'ten't
wi'th 'the laws of the sta'te, 'this Chap'ter, and any guidelines
.adopted by the Mayor and Common Council. Any such rules and
~egulations ~ha1l be reduced 'to writing and be on file wi'th 'the
Direc'tor of the Board a't all times.
2. Director. The Mayor with the approval of the
Common Council shall appoint a Mobile Home Board Director,
hereinaf'ter referred 'to as "The Director", 'to adminis'ter and carry
ou't 'to 'the fullest ex'ten't possible the expressed inten't and
purposes of this Chap'ter. The Director shall be a full-time
employee of the City of San Bernardino and shall be a Division
Head of 'the City Adminis'trator's Office. The Director shall be
responsible for the day-to-day operations of the Board.
It shall also be the Director's responsibili'ty to
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provide Board members with copies of all current federal, state,
and city, laws, codes, ordinances and regula'tions referred 'to in
'this Chap'ter.
3. Maintenance of Records. The Director shall
keep a record of the proceedings of the Board, which shall be open
for inspec'tion by any member of 'the public.
4. Appointment of Committees, Media'tors or
Hearing Officers. The Board may appoin't commi'ttees, media'tors
and hearing officers to hear ma'tters on which tes'timony may be
'taken, which commit'tees, media'tors and hearing officers shall
report to the Board the findings and resul'ts of any such hearing
on a matter referred 'to such committee or person upon reques't.
,
5. Conduct Studies and Investigations. The
Board shall have 'the power 'to make such s'tudies, surveys, and
investiga'tions, conduct such hearings, and ob'tain such information
as is necessary 'to carry out its powers and duties, and may
~uthorize individual members 'to do so.
t 6. Require Registration. The Board shall
require such registra'tion of mobile home parks as 'the Board may
deem necessary 'to enable it 'to carry out i'ts duties.
7. Approve Rent Adjustmen'ts. The Board may
approve such adjustments in rent ceilings as provided for in 'this
Chap'ter.
8. Evaluation. The Board shall render a't leas't
semi-annually a comprehensive written report to the Mayor and
Common Council concerning the Board's ac'tivities, holdings,
ac'tions, results of hearings, and all o'ther matters pertinent 'to
'this Chap'ter.
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9. Rela'ted Duties. The Board shall under'take
such o'ther related duties as may be assigned by the Mayor and
Common Council.
I. Compensa'tion - Each member of 'the Board shall be
en'ti'tled to such compensation as may be set by the Mayor and
Common CounCil, including reimbursement for reasonable expenses
incurred in the performance of their official duties. The Board
shall no't have any au'thority 'to expend or authorize 'the
expendi'tures of any public funds, except wi'th the prior express
approval of the Mayor and Common Council.
J. ... Staff - The City Adminis'tra'tor shall provide all
adminis'trative staff necessary to serve the Board. The City
Adminis'trator shall provide a secre'tary 'to serve as secretary of
'the Director and shall be responsible for 'the maintenance of all
records of 'the Board. The Ci'ty At'torney or his/her designee shall
ac't as legal counsel to 'the Board.
, 8.90.120. Petition by 'tenan't.
\ A. Any 'tenan't of a mobile home rental space affected
by this Chapter, upon payment of such fling fee as shall be duly
established, may peti'tion 'the Board for a determination whether a
proposed or actual action by the landlord of such 'tenan't is legal,
valid, and wi'thin the terms of this Chapter. If the Board shall
es'tablish forms for such pe'ti'tions, the pe'ti'tion shall be prepared
and submi't'ted upon such form. In the absence of such designa'ted
form, the petition shall contain the name, address and 'telephone
number, if known, of the landlord, owner, manager, or o'ther person
authorized to represent the owner of the mobile home park, a brief
statemen't of 'the facts giving rise 'to 'the reques't for
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in'terpre'ta'tion or determination, and a s'ta'temen't 'tha't a copy of
'the pe'tition has been personally served or mailed 'to 'the owner,
manager or o'ther person authorized 'to accept and receive notices
to 'the landlord.
B. In 'the event 'that a petition by tenant(s) resul'ts
in a downward adjustment in the space ren't, the park owner shall
not be obligated to adjust any rent except 'the ren't of those
tenant(s) who signed 'the petition and paid 'the es'tablished filing
fee.
8.90.130. Petition by landlord.
Any landlord of a mobile home park affected by this
Chap'ter may, upon payment of such filing fee as shall be duly
established, pe'ti tion the Board for a determination whether a
par'ticular course of ac'tion by said landlord is allowable, valid
and in conformi'ty with 'this Chapter. The Board may designste
forms for 'the filing of such petitions. In 'the event that no such
~orm has been designa'ted, the petition shall be in wri'ting, and
~hall contain 'the name, address and 'telephone number, if any, of
'the person reques'ting the interpreta'tion or opinion, 'the name and
address of each tenant of a rental unit owned or managed by the
person requesting 'the interpre'tation or opinion, if i't is intended
'that such interpre'ta'tion or opinion affec'ts such rental unit, a
brief s'tatemen't of the fac'ts giving rise to 'the request for
interpre'ta'tion or opinion, and a sta'tement 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
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presen'ting evidence or in se't'ting forth by argumen't his position,
from an a't'torney or such o'ther person as .ay be designated by said
party.
B. Formal rules of evidence shall no't apply in Board
proceedings: however, all oral tes'timony offered as evidence shall
be under oath.
c. Xn 'the even't 'that any party shall fa~l 'to appear
at 'the time and place se't for hearing of a pe'tition, the Board may
hear and review such evidence as .ay be presented, and may make
such findings and decisions as shall be suppor'ted by the evidence
presen'ted.
D. The Board shall base its decision on evidence
presented at 'the hearing and may consider any evidence resulting
from independent inves'tigations of the Board or its members
pursuan't to 58.90.110.8.5 of this Chap'ter, where such evidence has
been disclosed 'to the parties.
E. The Board, shall make findings based on 'the
~vidence as ~o each fact relevan't 'to 'the Board's decision on 'the
petition. The decision of 'the Board shall be based upon 1:he
findings. and shall:
1. De'termine whe'ther 1:he ac'tion or proposed
ac'tion of a landlord is valid, permi'tted, and in conformity wi'th
this Chap'ter: and/or
2. De'termine 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
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(30) days after 'the ma'tter has been subm1'tted for decision and
shall make i'ts final decision a't the conclusion of i'ts
deliberations. No rent adjustment will be au'thorized unless
supported by 'the evidence. A notice of the Board I 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
a space by space basis, taking in'to account 'the possibility of
differences in base rent, services provided, and other facts
differentiating ren'tal spaces.
F. Nothing in this Chapter, or in any decision of the
Board, shall require any landlord 'to raise rents or charges 'to
tenan'ts. If an adjustment in the maximUIII permissible rent is
authorized, a landlord may raise rents or charges by a lesser
amoun't, 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 administra'tive action. There shall be no right of appeal
\'to 'the Mayo%: 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
se't forth a no'tice as required by California Governmen't Code
Sec'tion 1094.6. The decision shall become effective upon mailing
'to the party unless o'therwise indicated at the hearing. This
section supersedes Chap'ter 2.64 of 'the San Bernardino Municipal
Code.
8.90.160. Priorities.
All pe'ti'tions for hearings shall be heard in order of
date filed.
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8.90.170. Rent adjus'tment regulations.
For purposes of de'termining allowable rent adjustments,
'the rule. and regula'tions se't for'th in 'this section shall be used.
In authorizing individual adjustments of the rent ceilings, 'the
Board, i'ts hearing officers and 'the Direc'tor shall consider the
purposes of 'this Chapter and 'the requirements of law. The Board
may consider all relevan't fac'tors including: increases or
decreases in opera'ting and main'tenance expenses, the ex'tent and
cost of utili ties paid by 'the owner, necessary and reasonable
capi tal improvements of 'the park as dis'tinguished from norll81
repair, replacemen't and maintenance, increases or
ameni'ties, equipment, insurance or services,
decreases in
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substantial
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de'terioration of the park o'ther than as a result of ordinary wear
and 'tear, failure on 'the part of the owner to provide adequa'te
repair, housing services or failure on the par't of 'the owner 'to
comply wi'th applicable housing, health and safety codes, federal
and s'tate income tax benefits, 'the speCUlative nature of 'the
inves'tment, whether or not 'the property as acquired or is held as
a long term or short term investment, the owner's rate of re'turn
on investment, the owner's current and base year Net Operating
,
Income and any other factors deemed relevan't by the Board, its
Director, or its hearing officer in providing the owner a fair
re'turn. A sale of a mobile home park by 'the owner, subsequent to
June 3, 1991, which results in a Proposi'tion 13 tax increase,
cannot be a factor 'to be considered in a reques't for a ran't
adjustmen't by the new owners.
8.90.180. Net operating income.
Net Opera'ting Income (NOI) shall be gross income less
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allowable opera'ting expenses.
8.90.190. Cross income.
Gross Income equals:
A. Gross rents, cOmputed as gross rental income at
100\ paid occupancy, plus
B. In'teres't from ren'tal deposi'ts, unless directly
paid by 'the landlord to the 'tenants.
C. Income from miscellaneous sources, including, but
not limi'ted 'to, laundry facilities, vending machines, amusement
devices, cleaning fees or services, garage and parking fees, plus
D. All other income or considera'tion received or
receivable for or in connection wi'th the use or occupancy of
ren'tal uni'ts,
E. Minus uncollected rents due to vacancy and bad
deb'ts to 'the ex'tent 'that 'the same are beyond thel landlord's
control.
8.90.200. Allowable Operating Expenses.
Operating expenses shall inClude the following:
A. Real property 'taxes,
B. utility cos'ts,
C. Managemen't fees actually paid if management
services are con'tracted for. If all or a por'tion of management
services are performed by landlord, managemen't fees shall include
the reasonable value for such landlord performed services.
Managemen't 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,
bu't no't limi'ted to, necessary and reasonable advertising,
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accoun'ting 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
elec'trical, plumbing, carpen'try, furnished appliances, drapes,
carpets, and furniture.
F. OWner-performed labor, which shall be compensated
at 'the following hourly rates upon documentation of the da'te,
'time, and nature of the work performed:
1. At 'the general prevailing ra'te of per diem
wages for the San Bernardino area, for the specific type of work
performed, as de'termined 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
de'termined and published, 'then a cost per hour for general
~ain'tenance and a cost per hour for skilled labor as established
by resolution of 'the Mayor and Common Council.
No'twithstanding '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 5t 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 registra'tion fees required by law to
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the ex'ten't same are not o'therwise paid by tenants.
H. The yearly amortized portion of capi'tal expenses
including financing.cos'ts, compu'ted in accordance with any useful
life 'table utilized by the In'ternal Revenue Service.
I. Reasonable attorneys fees and costs incurred as
normal and reasonable costs of doing business, including, but not
limi'ted 'to, good fai'th at'temp'ts to recover rents owing and good
fai'th unlawful detainer actions not in deroga'tion of applicable
law, to 'the ex'tent same are not recovered from 'tenan'ts.
8.90.210. Operating expenses not allowable.
Operating expenses shall not include the following:
A. Avoidable and unreasonable or unnecessary
expenses;
B. Mor'tgage principal and interes't paymen'ts;
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"o'ther statute;
\
E. Attorneys fees and other costs incurred for
proceedings before the Board or in prepara'tion for such
proceedings, or in connection with any civil actions or
proceedings agains't 'the Board, or a decision, rilling, 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, settlemen't, or any other method.
8.90.220. Presumption of fair base year net operating
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income.
Excep't as provided in Section 8. 90 . 230, it shall be
presumed 'tha't the Net Opera'ting Income produced by a park owner
during the base year, provided a fair re'turn on property. OWners
shall be entitled to maintain and increase their Net Operating
Income from year 'to year in accordance wi'th Sections 8.90.080. and
8.90.l00.B.
8.90.230. Rebu't'ting the presumption.
It may be determined 'that 'the base year net opera'ting
,
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
i'ts designee mus't make at least one of the following findings:
A. The owner's opera'ting and main'tenance expenses in
the base year were unusually high or low in comparison to other
years. In such ins'tances, adjus'tments may be made in calculating
such expenses so 'the base year opera'ting expenses reflect average
\expenses for ,the property over a reasonable period of 'time. The
hearing officer shall consider the following fac'tors:
1. The owners made substantial capitsl
improvemen'ts during 1988 which were no't reflected in the ren't
levels on 'the base da'te.
2. Subs'tantial repairs were made due 'to damage
caused by na'tural disas'ter or vandalism which managemen't has taken
appropriate action to reduce.
3. Maintenance and repair were below accepted
standards so as to cause significant de'teriora'tion in 'the quality
of housing services.
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4. O'ther expenses were unreasonably high or low
notwi'ths'tanding the following of pruden't business measures.
B. The rental rates on the base date were
disproportionate due to enumerated factors below. In such
instances, adjus'tments may be made in calculating gross rents
consistent wi'th the purpose of 'this Chapter.
1. The ren'tal rates on 'the base date were
substantially higher or lower than in preceding months by reason
of premiums being charged or reba'tes being given for reasons
unique 'to par'ticular 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 ren'tal ra'tes on the base date were
exceptionally high or low due to other factors which would cause
'the applica'tion of 'the base year net opera'ting income to result in
gross inequity to either 'the owner or 'tenant.
8.90.240. Determina'tion of base year net opera'ting
income.
A. To de'termine the Net Opera'ting Income during the
base year, there shall be deducted from the annualized gross
income being realized in 1988, a sum equal to the ac'tual operating
expenses for calendar year 1988, unless 'the owner demonstrates 'to
'the satisfaction of 'the Board or i'ts designee 'that 'the use of some
other consecutive 12-month period is justified by reasons
consisten't wi'th the purposes of this sec'tion.
B. In the even't 'the owner did not own the subject
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property during the base year, 'the opera'ting expenses for 1988
shall be de'termined by one of 'the following me'thods, whichever 'the
Board or i'ts designee de'termines 'to be more reliable in 'the
particular case:
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 deduc'ted from 'the annualized gross income,
de'termined by analyzing the mon'thly 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 tha't the use of some
\o'ther consecu'tive 12-mon'th period is justified by reasons
consistent wi'th the purposes of 'this section).
8.90.260. Schedule of increases in operating expenses.
Where scheduling of rental increases, or o'ther
calculations, require projections of income and expenses, i't shall
be assumed 'that opera'ting expenses, exclusive of property taxes,
and management expenses, increases at 5% per year, that property
taxes increase at 2% per year, and 'that managemen't expe~ses
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
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increases applicable.
8.90.270. Allowable rent adjustments.
The Board, a hearing officer or 'the Direc'tor may permit
ren't adjustments, unless otherwise prescribed by law, such tha't
'the owner's ne't operating income will be adjusted at the ra'te as
specified in Sec'tion 8.90.100 B.2.
8.90.280. Discre'tionary considerations.
While the Ne't Operating Income formula should opera'te
to guarantee a park owner a fair return on investment, 'the
Direc'tor or hearing officer considering a reques't for rent
increases shall consider all relevan't fac'tors presented in making
a de'termination, as set forth in 'this Chap'ter.
8.90.290. Limi't on increases pending hearing or
litigation.
Notwi'ths'tanding any o'ther provisions of 'this Chapter,
no adjuatmen't in ren'ts in a mobile home park shall be valid during
..'the 'time 'that any hearing or proceeding is being conducted
\pursuan't to this Chap'ter, nor shall such increase be valid during
the period in which the Board's decision for 'tha't park is being
reviewed by a Cour't of compe'tent jurisdic'tion, except those 'the
tenants shall be required 'to pay as 'the Permissible Adjustmen't as
provided for under Section 8.90.090 B.
8.90.300. Rent adjustments for reduc'tion in services.
A. No owner shall reduce 'the level or kind of
services provided to 'tenants as of the date of adoption of this
Chapter or 'take any other punitive ac'tion in retalia'tion for 'the
exercise by tenants of any of the rights granted by this Chapter.
B. If a mobile home park provides in 'the ran't,
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wi'thou't separate charge, utili'ties or similar services (including,
but no't limi'ted 'to, natural gas, electricity, wa'ter, sewer, 'trash,
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and cable television) and conver'ts to separa'te charge for such
service by separate metering, separa'te 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 adjustmen't equal 'to the actual cost to 'the park of such
transferred utili'ty or similar service (less common area usage)
based on oos'ts for the 'twelve (12) mon'ths period prior 'to notice
to the 'tenan'ts of the change. Provided compliance wi'th this
section occurs, provisions for mediation and/or hearing shall not
apply. It is the intent of this Section for those rental
agreements en'tered into on or after January 1, 1991, to be
consis'ten't with 'the provisions of Civil Code Sec'tion 798.41 as
adopted by Chap'ter 1013, Section 2 of 'the S'ta'tu'tes 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
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,decreased re~t, 'the cost of installa'tion of separa'te utility
meters, or similar cos'ts incurred by the owner to shift 'the
obligation for payment of utility costs 'to the tenants shall not
be considered. However, this shall no't be construed to prohibit
or prevent 'the consideration of inclusion of such costs as an
increased operating expense a't media'tion or arbi'tra'tion.
D. If a service other 'than a utility or similar
service per subsec'tion (A) above is reduced or elimi~ated, or if
a utility or similar service is reduced or eliminated wi'thout a
concomitant decrease in rent, the provisions of this Chapter
regarding petition and/or hearing shall apply subject to the
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following condi'tions . Any pe'ti'tion in! tia'ting media'tion or
hearing must be filed within twelve (12) mon'ths of the date on
which 'the service was reduced or elimina'ted, and 'the reduction or
elimina'tion in services must continue to exis't at the time of the
hearing. Rent adjustmen'ts shall only be granted prospectively.
8.90.310. Quan'tum of proof and burden of proof.
The decision of the Board, its Director, or hearing
officer must be suppor'ted by the evidence submitted at the
hearing. The peti'tioning 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
Direc'tor or the hearing officer must file such wri'tten appesl
.within fifteen (15) days of the da'te of notice of the decision and
~ust post a ~eposi't of an amount sufficien't 'to cover the cos't of
preparing the Hearing Record.
8.90.340. Appeal hearing.
Upon the request of any party filing an appeal and
deposi'ting the sums required in Sec'tion 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 direc't the Direc'tor to notify the
parties of such hearing da'te.
8.90.350. Appella'te review.
The Board shall review 'the Hearing Record and hear the
arguments of 'the par'ties at 'the appeal hearing, but shall limi't
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i'ts review to fac'ts presented at the hearing before the hearing
officer.
8.90.360. Time for appella'te decision.
The Board shall make a decision no later than five (5)
days following 'the appeal hearing and notify the par'ties 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 sec'tion specifically supercedes Municipal COde
Chap'ter 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 Cour1;
within the jurisdic'tion. Sec'tions 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
\ren'tal agreemen't 'that conforms to the provisions of Section 798.15
e't seq. of the California Civil Code shall be terminated only
pursuant 'to Sec'tion 798.55 e't seq. of the California Civil COde.
8.90.400. Remedies for viola'tion.
A. Civil Remedies - Any person who demands, accep'ts,
or retains any payment in viola'tion of any provision of this
Chapter shall be liable in a civil ac'tion '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, accep'ted or retained exceed 'the maximum rent which could
lawfully be demanded, accepted, or retained, 'together wi'th
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reasonable a'ttorney's fees and costs as de'termined by the Cour't.
B. Criminal Remedies - It shall be unlawful for any
owner 'to adjus't any ren't in an amount in excess of that allowed
under this Chapter or by order of 'the Board. Any owner who
willfully and knowingly viola'tes any of the provisions of 'this
Chapter or 'the orders of the Board shall be gull1;y of a
misdemeanor.
C. Injunctive and Other Civil Relief - The Board, the
Director, 'the Ci1;y, and 'the tenan'ts and owners may seek relief
from 'the appropria'te Cour't wi'thin the jurisdic'tion wi'thin which
the rental unit is loca'ted 'to enforce any provision of this
Chap'ter or its implementing regulations or to restrain or enjoin
any violation of 'this Chap'ter and of the rules, regulations,
orders and decisions of 'the Board.
D. Non-waiver of Righ'ts - Any waiver or purported
waiver by a 'tenan't of righ'ts granted under 'this Chap'ter prior 'to
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..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 Chap'ter one year following 'the da'te of adoption
thereof, and a't any o'ther 'time deemed appropriate, in order 'to
consider the following:
1. Whether 'this Chapter continues to be
necessary to protect the public health, safe1;y, and welfare.
2. Whether 'the implemen'tation of 'the provisions
of this Chapter have been adequate: and
3. Whether the provisions of this Chapter should
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be amended 'to provide more effective regula'tions or to avoid
unnecessary hardship.
8.90.420. Severability.
If any provision( s) of this Chap'ter or application
thereof 'to any person or circumstances is held invalid, this
invalidity shall no't affec't o'ther applica'tions of this ordinance
which can be given effec't without the invalid provision or
applica'tion, and to 'this end, the provisions of this Chap'ter are
declared 'to be severable.
8.90.430. Chapter 'to be liberally construed.
This Chapter shall be liberally construed to achieve
the purposes of this Chap'ter and 'to preserve its validity.
III
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AN ORDXNANCE.. .AMIDIDXNG CHAPTER 8.90 OF 'rIlE SAN BERNARDDO
MUNXCXPAL CODE RELATXNC TO MOBUE BOME PARK RENT STABJ:LXZATXON.
I HEREBY CERTIFY 'tha't 'the foregoing ordinance was duly
adop'ted by 'the Mayor and COmmon Council of t:he Ci t:y of San
Bernardino at: a
mee'ting 'thereof, held on 'the
day of
, 1992, by 'the following vot:e, t:o wit::
COuncil Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
Cit:y Clerk
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The foregoing ordinance is hereby approved t:his
day
\
of
, 1992.
W. R. Holcomb, Mayor
Ci t:y of San Bernardino
Approved as 'to form
and legal con'tent::
JAMES F. PENMAN,
Cit:y At:t:orney
By
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