HomeMy WebLinkAbout10- Development Department D E V E ) P ME N T D E P A R T M E N
OF THE CITY OF SAN BERNARDINO
REQUEST FOR COMMISSION/COUNCIL ACTION
From: KENNETH J. HENDERSON Subject: MOBILEHOME PARK RENT
Executive Director STABILIZATION
ORDINANCE
Date: March 18, 1993
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Synopsis 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. The item was tabled until concurrence was received from the
Mobilehome Rent Board, the Homeowners' Committee and the park owners.
On December 7, 1993, the ordinance was again tabled until more
information could be received from the City Attorney's Office.
On March 8, 1993, the Mayor and Common Council approved the first
reading of the Ordinance.
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Recommended Motion(s):
(Mayor and Common Council)
MOTION: AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 8.90 OF THE SAN BERNARDINO MUNICIPAL CODE
PERTAINING TO MOBILEHOME PARK RENT STABILIZATION (SECOND
READING) .
Admi strator KENNETH J. BEND RSON
Executive Direc or
Contact Person(s): Ken Henderson Phone: 5081
Project Area(s): All Ward(s) : 1 - 7
Supporting Data Attached: Staff Report; Ordinance
FUNDING REQUIREMENTS: Amount: $ N/A Source: N/A
Budget Authority: N/A
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Commission/Council Notes:
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KJH:GWB:1mp:2524B COMMISSION MEETING AGENDA
Meeting Date: 03/22/1993
Agenda Agenda Item Number: /
D E V _ L O P M X N T D E P A R T M .. N T
OF THE CITY OF SAP BERNARDINO
STAFF REPORT
MOBILEHOME PARK RENT STABILIZATION ORDINANCE
Attached is a revised copy of the Mobilehome Park Rent Stabilization
Ordinance. The revisions contained in the ordinance were originally
recommended by a committee of mobilehome owners and supported by the
Mobilehome Rent 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.
At the October 19, 1992 meeting of the Mayor and Common Council, the
ordinance was tabled and referred to the Mobilehome Rent Board for
further consideration. The Mobilehome Rent Board met on October 22,
1992. Present at that meeting were representatives of the Homeowners'
Committee and the Park Owners' Association. All groups are now in
agreement with the changes that were made. This information was
submitted to Mr. Dennis Barlow, Senior Assistant City Attorney, for
inclusion in the proposed ordinance. The attached copy of the
ordinance includes all approved recommendations.
At the meeting of the Mayor and Common Council on December 7, 1992, the
requested changes in the Mobilehome Rent Ordinance were tabled until
information could be obtained from the City Attorney's Office about the
powers of the Mobilehome Rent Board. Enclosed is a copy of a response
from Mr. Dennis Barlow, Senior Assistant City Attorney.
Based upon the foregoing, staff recommends adoption of the form motion.
KENNE J. HE BRSON, Executive Director
Development D artment
------------------------------------------------------------- --- -- --
KJH:GWB:1mp:2524B COMMISSION MEETING AGENDA
Meeting Date: 03/22/1993
Agenda Item Number:
C I T Y OF S A N B E R N A R D I N O
r'J
INTEROFFICE MEMORANDUM
TO: Councilman Ralph Hernandez
FROM: Dennis A. Barlow, Sr. Asst. City Attorney
DATE: January 19, 1993
' RE: Glen Aire Mobile Estates Hardship
Petition for Rent Increase
COPY TO: Mayor
Common Council
I
At a recent Council Meeting, you noted that the Mobile Home
Rent Board allowed an increased rate of return on the investment of
the owner in the above matter, and you wanted to know, first, if
the Mayor and Council could reverse that specific decision, and,
second, if the Mayor and Council could act as an appellate body for
all decisions of the Mobile Home Rent Board.
In the Glen Aire case, the park owner requested a monthly
rental increase of $35.00. But, a careful review of the income and
expenses as submitted by the park owner only showed a justified
increase of $1 . 23 per space per month.
The Board also noted that the park owner was receiving an
effective rate of return on his investment of 9. 1 percent. The
current Ordinance ( San Bernardino Municipal Code, Chapter 8.90)
acknowledges the "need of park owners to receive a just and
reasonable return on their property. " (SBMC §8.90.020(c) ) .
Administration of the Ordinance is given to the Mobile Home Rent
Board ( SBMC 58. 90.020(d) ) . The Board is specifically directed by
the Ordinance to assure that the park owner receives a reasonable
rate of return on his investment ( See SBMC 58.90. 100(b) ; §8. 90. 170
and 58 . 90. 280) . The term is not defined or limited apparently to
allow the Board the flexibility to fashion its decisions based on
the varied sets of circumstances that come before them. After
review, the Board decided that in this case 9.25 percent was a
reasonable rate of return. This allowed for a total rental
increase of $4. 18 per month per space. Both the park owner
representative and the home owner representative on the Board
disagreed with the decision.
The decisions of the Board are final, and the Ordinance
specifically provides that they may not be appealed to the Mayor
and Council (See SBMC §8. 90. 150. 6 and §8. 90.370) . Appeal to the
courts is the specified remedy ( See SBMC §8. 90. 150.G and
58 . 90.380 ) . My memory is that no appeal to the Council was
provided due to the understanding that the Board was carefully
DAB/bg (G1enAire.Mem]
l�1
Memo to Councilman Ralph Hernandez
January 19, 1993
Page 2
constructed to take all positions and points of view into
consideration and to keep politics out. An additional level of
appeal to the Council would only serve to inject politics into the
process. In addition, the Council did not want to hear the
expected numerous appeals of such matters when so much other
pressing business was facing it.
I
The conclusion is that the decision of the Board in the Glen
Aire matter is final and may only be challenged in the courts.
There is no way to retroactively change the process. If, however,
the Council desires to allow appeal of Board decisions to go to the
Council in the future, it may do so by amending the Ordinance.
I
Dennis A. arlow
Sr. Asst. City Attorney
I
GAB/bg [G1enAire.Meml
��?V I
I ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
.8.90 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO MOBILE HOME
PARR RENT STABILIZATION.
4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
5
6
SECTION 1. Chapter 8.90 of the San Bernardino Municipal 7 Code is hereby amended to read as follows:
8
"8.90.010. Title.
°°—
This Chapter may be cited as the Mobile Home Park Rent
9 Stabilization Ordinance of the City tY ®f San Bernardino, California.
11
8.90.020. Statement of urposee
12
A. Mobile home owners have a substantial investment
13
14 in their residences and appurtenances for which space is rented or
leased. Alternate sites for relocation of mobile homes are
1 difficult to find due to the shortage ortage of vacant spaces, the
17
restrictions of age, size, or style of mobile homes permitted in
-
many parks, and related to the installation of mobile homes,
18 including permits, landscaping and site preparation. Additionally,
19 the cost of moving a mobile home is substantial, and the
20 risk of
damage in moving is significant.
21 The result of these conditions i
22 s the creation of a
captive market of mobile home owners and tenants. This
23 immobility,
in turn, contributes to the creation of a great
24 imbalance in the bargaining relationship between
park owners and
mobile home park tenants in favor of the park owners.
26 Be Because mobile homes are often occu ie
27 P d by senior
citizens, persons on fixed income and persons of low or moderate
DAB/aas/Mobile-S.oM 1
• 16ove®b�r `. 1992
I income, exorbitant rent adjustments fall upon these individuals
2 with particular harshness. The continuing possibility of
3 unreasonable space rental adjustments in mobile home parks
4 threatens to diminish the value of the investment of the mobile
5 home owners. Further, existing state law permits mobile home park
6 owners to require mobile home owners to make modifications to
7 their homes for reasons of aesthetics or conformity to park
8 standards that amount to capital improvements which would accrue
9 to the benefit of the park owner by potentially increasing the
10 market value of the park itself.
11 C. This Council finds and declares it necessary to
12 facilitate and encourage fair bargaining between mobile hock
13 owners and park owners in order to achieve mutually satisfadtory
-� 14 agreements regarding space rental rates in mobile home parks.
15 Absent such agreements, this Council further finds and declares it
16 necessary to protect the owners and residents of mobile homes from
17 unreasonable space rental adjustments while simultaneously
18 recognizing and providing for the need of park owners to receive
19 a just and reasonable return on their property.
20 D. Administration of this Chapter shall be under the
21 general direction of the San Bernardino Mobile Home Board.
22 8.90.030. ApjplIcatIon.
23 The provisions of this Chapter shall apply to all
24 mobile home residential rental spaces located within the City of
25 San Bernardino except if otherwise exempt from the provisions of
26 this title, as such exemptions are provided for hereinafter.
i
27 Nothing in this chapter shall be deemed to supersede any provision
28 of California Civil Code Section 798.15 et seq.
DU/ses/Mobile-S.ora 2
Xovmb" 6. IM
�C
1 8.90.040. Definitions.
2 In construing the provisions of this Chapter,. the
3 following definitions shall apply:
4 A. "Landlord" means any owner, lessor, operator or
5 manager of a mobile home park.
6 B. "Rent" means. the consideration, including any
7 bonus, benefit or gratuity, demanded or received by a landlord for
8 the use and occupancy, including services and amenities, of a
9 residential rental space.
10 C. "Residential rental space" means any mobile home
11 space occupied by any person other than the owner of the park for
12 payment of rent pursuant to an oral or `mitten lease, or other
13 form of rental agreement.
i
14 D. "Tenant" means any person entitled to or proposing
15 to occupy such mobile home space pursuant to an oral or written
16 lease with the owner thereof, or pursuant to some other rental
17 agreement with the owner, lessor, operator or manager thereof.
18 E. "Consumer Price Index" or "C.P.I. " means the Index
19 known as the "Consumer Price Index for all Urban Wage Consumers:
20 for the Los Angeles - Long Beach - Anaheim Area," (base year,
21 1967), and if published for the San Bernardino - Riverside
22 Ontario Area for the year 1984, and thereafter. These documents
23 are published by the United States Department of Labor Bureau of
24 Labor Statistics.
25 F. "Mobile Home" means a structure designed for human
26 habitation and for being moved on a street or highway under permit
27 pursuant to Section 35790 of the Vehicle Code. Except as provided
28 in Civil Code Section 799.48, mobile home does not include
DM/sN/Kob11*-3.ore 3
Xovawber 6, 1992 ]
I "recreational vehicle" as defined in Section 799.24 of the Civil
2 .
Code or a "commercial coach" as defined in Section 18218 of the
3 Health and Safety Code.
4 G. "Mobile Home Owner" or "Resident" means any person
5 entitled to occupy a mobile home dwelling space pursuant to
6 ownership thereof or a rental or lease agreement with the owner
7 thereof.
8 H. "Mobile Home Park Owner" or "Park Owner" means the
9 owner, lessor, operator, manager or designated agent thereof of a
10 mobile home park; sometimes referred to as "owner."
11 I. "Mobile Home Space or Space" means the site within
12 a mobile home park intended, designed, or used for the location o.F
13 accommodation of a mobile home and any accessory structurqrs or
14 appurtenances attached thereto or used in conjunction therewith.
15 J. "Rent Adjustments" means any rent increase or
16 decrease demanded of or paid by a tenant, including any reduction
17 in housing services without a corresponding reduction in the
18 monies demanded or paid for rent.
19 K. "Rental Agreement" means an agreement between a
20 mobile home park owner and tenant establishing the terms and
21 conditions of a tenancy in a mobile home park. A lease is a
22 rental agreement.
23 L• "Space Rent" means the consideration, including
24 any bonuses, benefits, or gratuities demanded or received for and
25 in connection with the use or occupancy of a mobile home space
26 within a mobile home park, or for housing services provided and
27 security deposits, but exclusive of any amounts paid for the use
28 of the mobile home as a dwelling unit. The use or occupancy of a
4 '
1Wvewb*r 6, 1992
7
j mobile home space shall include the exercise of all rights and
2 privileges and the use of facilities, services and amenities
3 accruing to the residents thereof. "Space Rent" shall not include
4 any separately billed utility fees and Icharges for natural gas or
5 liquid propane gas, electricity, water, cable television, garbage
6 or refuse service and sewer service.
7 M. "Tenancy" means the right of a tenant to the use
8 of a mobile home site within a mobile home park on which to
9 locate, maintain, and occupy a mobile home, site improvements and
10 accessory structures; for human habitation, including the use of
11 the services and facilities of the mobile home park.
12 N. "Vacancy" means the condition deemed to haze
13 occurred upon the removal of any mobile home from a mobile-hoke
{F� 14 park.
15 8.90.050. Exemptions from coverage.
16 The provisions of this Ordinance shall not apply to the
17 following:
18 A. New Space or First Time Space Exem tion - Space
19 rent or space rent adjustments for new mobile home spaces whether
20 in newly constructed parks or such spaces first rented after the
21 effective date of this Chapter shall be exempt from the provisions
22 of this Chapter to the extent that those rents would have been
23 controlled had the spaces been previously occupied. There shall
24 be no prospective exemption in such circumstances, however, as to
rents that may be adjusted annually under this Chapter after a
26 space is first rented. In such cases, the base date for purposes
27 of determining permissible future rent adjustments shall be the
28 date of first rental or conveyance.
} t
DAs/:.�nlobii.-s.ore 5
NOV 6, 1991
a -
1 B. vacancies
2 1. If the mobile home space is voluntarily
3 vacated by the tenant, or vacated pursuant to California Civil
4 Code Section 798.56, the landlord may adjust the rental rate to
5 any amount as provided in Subsection A of this Section 8.90.050.
6 2. Subject to the provisions of Civil Code
7 Section 798.17, if the mobile home is sold and is to remain on
8 site, the landlord may only increase the rental rate to the new
I
9 owner by the amount which would have been allowed pursuant to this
10 Chapter if the mobile home had not been sold.
11 3. Upon the re-renting of a rental space which
12 has not been voluntarily vacated by the previous tenant, the base
13 rent and the base rent month shall remain unchanged, t
' g and the
14 maximum rent which may be charged shall be the same as if the
15 vacancy had not occurred.
16 4. A vacancy is voluntary if, the tenant
17 voluntarily and without coercion by the landlord vacates the
18 rental space or, if the tenant dies and there is no surviving
19 cohabitant.
20 5. All other vacancies are Involuntary. When a
21 rental space which has been involuntarily vacated is re-rented,
22 the landlord shall, not more than ten (10) days after such re-
23 renting, give written notice to the new tenant of the base rent
24 and the base rent date of the previous tenant and that said base
25 rent and base rent date are applicable to the new tenant.
26 C. Space Rent Agreement Exemption - Any rental
27 agreement in excess of twelve-months duration which also meets all
28 criteria specified by Section 798.15 and Section 798.17 of the
D�18/s�s/MobilrS.Ord 6
Xov'a nber f, 1992
I California Civil Code, including, but not limited to, the tenant
2 notification requirement within the first paragraph of such rental
3 agreement, shall be exempt from the space rent ceiling provisions
4 of this Chapter, but only during the term of such rental agreement
5 or one or more uninterrupted, continuous extensions thereof. If
6 such rental agreement is not extended and no new rental agreement
7 in excess of twelve-months duration is
8 entered into, then the last rental agreement shall be the base
9 rent for purposes of this Chapter.
10 D. Lease Agreement Exemption - Section 8.90.080 of
11 this Chapter does not apply to any residential rental space for
12 the rental of which the mobile home park owner and the tenants
ab
13 have mutually agreed to enter into a lease which conforms to'the
n
14 Provisions of California Civil Code Section 798.15 et seq. ~
15
E. Before any rental agreement or lease agreement in
16 excess of 12 months is executed by an existing or prospective
17 tenant the landlord must (1) offer the tenant the option of a
18 rental agreement for a term of 12 months or less, (2) provide the
19 tenant with a copy of the Mobile Home Park Rent Stabilization
20 Ordinance, and (3) inform the tenant both orally and in writing
21 that if the tenant signs a lease agreement or rental agreement
22 with a term in excess of 12 months, the lease agreement or rental
23 agreement may not be subject to the terms and protections of the
24 Mobile Home Park Rent Stabilization Ordinance.
25 F. - Violation - It is hereby made a violation of law,
26 Punishable as a misdemeanor, for any person to perform any act of
27 duress, menace, or undue influence with the intent of thereby
28 obtaining the consent of any other person to enter into any lease
nre/sta/Fbbil�-S.ora 7
November 6. 1992
I for the occupancy of a residential rental space.
2 8.90.060. Registra
3 Within sixty (60) calendar days after the effective
4 date of this Chapter, mobile home park owners are required to
5 register all mobile home parks and mobile home rental spaces
6 within such parks with the Board.
7 The initial registration shall include: the name(s),
8 business address(es), business telephone number(s) of each person
9 or legal entity possessing an ownership interest in the park and
10 the nature of such interest; the number of mobile home rental
11 spaces within the park; a rent schedule reflecting space rents
12 within the park on the effective date of this Chapter; a listing
13 of all other charges, including utilities not included in apace
,.
14 rent, paid by mobile home residents within the park and the
15 approximate amount of each such charge; and the name and address
16 to which all required notices and correspondence may be sent.
27 The Board is hereby empowered to establish procedures
18 for requiring such re-registration as it deems necessary.
19 No park owner shall be eligible to receive any rent
20 ceiling adjustment as provided for under the provisions of this
21 Chapter unless such current registration as may then be required
22 for the mobile home park is on file with the Board at the time the
23 petition for the rent ceiling adjustment is filed.
24 The registration and re-registration requirements
25 provided for in this section, or which may be hereafter
26 established by the Board, shall apply to all mobile home parks
27 including those exempt from the space rent ceiling limitation by
r 28 reason of the existence of a valid space rent a
i greement.
DAS/.*s/Moailt-s.ora 8
Xcvmber 6, 1992
1 8.90.080. Space rent ceiling or maximum allowable
~ : 2 space rent.
3 Beginning the first month which commences following the
4 day after the effective date of this Chapter, no mobile home park
5 owner shall charge space rent for any mobile home space in an
6 amount greater than the space rent in effect on December 31, 1988.
7 The space rent in effect on that date shall be known as the "space
8 rent ceiling. "
9 If there was no space rent in effect on December 31,
10 1988, the space rent ceiling shall be the space rent that was
11 charged on the first date that space rent was charged after
12 December 31, 1988.
13 If a mobile home a
park is exempted from the application
14 of this Chapter by reason of the existence of a space rent
15 agreement and this agreement expires, the space rent
ceiling for
16 that park shall be the space rent in effect on the date the
17 agreement expires.
18 8.90.90. Space Rent ceiling adjustment initial
19 adjustment.
20 No adjustment in space rent ceilings shall be
21 permitted except as provided for herein.
22 B. Permissive Adjustment - A park owner shall be
23 entitled to an initial permissive adjustment gross space rental
24 income equal to eighty percent (80$) of the percentage increase in
25 the Consumer Price Index (CPI) from the end of the base year
26 (1988) to the date of application for the adjustment.
27 The percentage adjustment in the CPI shall be
28 calculated by subtracting the CPI reported for December, 1989,
DAB/i*2/Mob11e-6.crd 9
xovubsc G. 1992
I from the most recently reported monthly CPI preceding the
2 'application and then dividing this remainder by the December,
3 1989, CPI.
4 8.90.100. . Space rent ceiling adfustment annual_
5 adjustments.
6 Commencing in calendar year 1990, park owners shall be
7 entitled to the following annual adjustments.
8 A. Permissive Adjustment - A park owner shall be
9 entitled to an annual permissive adjustment of gross space rental
10 income equal to eighty percent (80$) of the percentage adjustment
11 in the CPI from the date of the most recent initial or annual
12 adjustment to the date of application for the proposed adjustment.
18 H. Net Operating Income Adiustment
14 1• In the event a park owner believes he or she
R 15 does not receive a just and reasonable return on park property
P ty
16 after receiving the maximum permissive adjustment provided for
17 abOVe, said park owner may upon payment of a filing fee
18 established by resolution of the Mayor and Common Council, file an
19 application with the Hoard for an adjustment of the space rent
20 ceiling, providing adequate justification for the proposed
21 increase.
22 2. If the Hoard shall designate a form for the
23 filing of such petition, such petition shall be filed upon such
24 form. If no such form shall be designated, such petition shall be
25 in writing verified by the applicant, and shall contain the names,
26 address and telephone number of the applicant, the name and
27 address of the tenant of each rental space which would be affected
28 if the petition were granted, a Statement of the facts giving rise
DAe/�os/►lobil�-s.ord 10
November i, 1492
I to the peti�..,on for an NOI adjustment in sufficient detail that,
2 if established, such facts would demonstrate the existence of a
3 decrease in the NOI warranting such NOI adjustment. Within thirty
4 (30) working days after the petition .has been submitted to the
5 Board for filing, petitioner shall be given notice of the time and
6 place of the hearing, which notice together with a copy of the
7 petition shall be served upon or mailed to each tenant of a rental
g space which would be affected by the NOI adjustment if granted.
9 When a declaration of service has been submitted to the Board, the
10 petition for an NOI adjustment shall b® deemed filed.
ed.
11 3. A park owner shall be entitled to an
12 adjustment of the space rent ceiling so as to enable the park
13 owner's Net Operatin g Income (NOI) for the subse
quent `
14 increased by a rate which, when added to the maximum Permissible
to �e
• 15 adjustment provided for above will give the park owner a just and
16 reasonable return on
park property.
17 C. No annual adjustment shall become effective if a
18 previous annual adjustment became effective within the
twelve (12) months unless a Previous
19 approved by the Board pursuant to
20 Section B-90.100 B.
21 B-90.105 Required Certification on Rental Adjustment
22 No_ t_ iCe
23 The Board shall have the right to deny y any rent
24 adjustments under this Chapter if the owner;
25 A. Has failed to comply with any provisions of this
26 Chapter- and/or regulations issued thereunder by the Board or the
27 Mayor and Common Council or any other federal, state or Ci
ordinance or regulation concerning Y law,
9 mobile h
o` 28 home parks.
DAR/906/liobile-5.ord 11
November 9. 1992
I B• Has failed to comply substantially with any
r
2 applicable state or local housing, health or safety law.
3 8.90.110. Mobile Home Rent Board establishment and
4 wars.
5 A. Establishment - The Mobile Home Board of the City
6 of San Bernardino is hereby established.
7 B. Composition - The Board shall consist of five (5)
8 regular members and two (2) alternate members. One regular member
9 shall be a space tenant who resides in the City of San Bernardino;
10 one member shall be a mobile home park owner, operator, manager or
11 designated agent of a mobile home park located in the City of San
12 Bernardino. The two alternate members shall be a space tenant
13 from a different mobile home a
park other than the regular space
14 tenant member and an owner, operator, manager or designated mane g grated agent
' 15 from a different mobile home
park than the regular owner member.
16 The remaining three (3) members shall be residents of the City of
17 San Bernardino who are not elected officials, or employees,
18 relatives of elected officials of the City of San Bernardino, and
19 who are neither tenants, owners' operators, managers or designated
20 agents of mobile home parks and who have no conflicts of interests
21 due to relationship with same. Candidates for membership of the
22 Board shall submit a verified statement listing all interests in
23 any real property or mobile home as defined in Section 798.3 of
24 the California Civil Code, including ownership, individually,
25 Jointly, legal or equitable, and all sales of such property, or
26 instruments secured by such property, within thirty (30) days of
27 seeking appointment to the Board.
.. 28
WW/tes/Nobil•-S.ora 12
Xovewber 9, 1992
-I-D
1 C. Nomination and Appointment - The regular space
r., 2 tenant member and his or her respective alternate members shall be
3 selected by the Mayor and Common Council from a list of
4 nominations, if any, for the Board submitted
by mobile home
5 residents. The regular mobile home park owner member and his or
6 her respective alternate member shall be selected by the Mayor and
7 Common Council from a list of nominations, if any, supplied by a
8 general association on behalf of the various mobile home park
9 owners associations. The Mayor and Common Council shall nominate
10 and appoint the three remaining regular Board members. All
11 members of the Board shall be selected in accordance with
12 applicable City procedures.
13 D. Term - Each regular member of the Board shad
14 serve for a term of two years except as otherwise provided herein.
15 For the first Board, the one (1) space tenant member. r and the one
16 (1) owner member and three (3) at-large resident members shall be
17 appointed for three (3)-year terms. Thereafter, the successors
18 shall be appointed for terms of two 2
( ) years. Each regular
19 member shall hold office until a new member has been duly
20 appointed. Each alternate member of the Board shall serve for a
21 term of two (2) years except as provided herein. Each alternate
22 member shall hold office; until a new alternate member has been
23 duly appointed. If a vacancy occurs or an office becomes vacant
24 other than by expiration of a term, it shall be filled by
25 appointment as* previously prescribed herein for the unexpired
26 portion of such member's term. Notwithstanding the above
27 provisions of this paragraph, a member may be removed, at any
( time, with cause,
28 by a majority vote of the Mayor and Common
D�9�/h/ll6�.lMs.Otd
13
Xoveab*r 9. 1991
I Council. Further notwithstanding the above
provisions of this
2 paragraph, any member who is absent without sufficient cause from
3 three (3) consecutive meetings of the Board which such member was
4 required to attend shall be deemed to have vacated his office.
5 8• Meetings - To fulfill its function, the Board
6 shall meet as often as it deems necessary, but at least one
7 regularly scheduled public meeting shall be held every ninety (90)
8 days: or, except as otherwise set forth herein, within thirty (30)
9 days of any request for hearing or arbitration held hereunder,
10 whichever is earlier. All members of the Board whether regulars
11 or alternates, shall be required to attend all Board meetings and
12 hearings unless such member has been disqualified from
13 participation. All meetings of the Board shall be conducted in
14 accordance with the provisions of the Ralph M. Brown Act.
15 (Government Code 554950 et seq. )
16 F. Voting - The affirmative vote of three (3) members
17 of the Board is required for a decision, including all motions,
18 regulations, and orders of the Board. Alternate members may also
19 participate in the Board proceedings but shall have voting
20 privileges only when acting in the stead of an absent regular
21 member.
G. orum - Three (3) Board members shall constitute
23 a quorum.
24 H. Powers and Duties of Board -
The Board shall
25 undertake and have the following duties, responsibilities, and
26 functions, together with all poweis reasonably incidental thereto:
27 1. Adoption of Rules and Regulations. Subject
28 to the approval of the Mayor and Common Council the Board may make
14
Novesbsr 9, 1992
1 and adopt its own administrative rules and regulations as may be
�--ti 2 necessary to effectuate the purposes and
policies of this Chapter
3 and to enable the Board to carry out its powers and duties
4 thereunder, so long as such rules and regulations are consistent
5 with the laws of the State, this Chapter, and
p any guidelines
6 adopted by the Mayor and Common Council. Any such rules and
7 regulations shall be reduced'to writing and be on file with the
8 Director of the Board at all times.
9 2. Director. The Mayor with the approval of the
10 Common Council shall appoint a Mobile Home Board Director,
11 hereinafter referred to as "The Director% to administer and carry
12 out to the fullest extent possible the expressed intent and
13 Purposes of this Chapter. The Director shall be a full=tine
14 employee of the City of San Bernardino and shall be a Division
( ' 15 Head of the City Administrator's Office. The Director shall
be
16 responsible for the day-to-day operations of the Board.
17 In the alternative the City may contract with the
18 Economic Development Agency of the City of San Bernardino to
19 provide a director. If so, the director shall be a full-time
20 employee of the Agency, and shall be a division head under the
Z1 Agency Administrator of the Economic Development Agency.
22 It shall also be the Director's responsibility to
23 provide Board members with copies of all current federal, state,
24 and city, laws, codes, ordinances and regulations referred to in
25 this Chapter.
26 3. Maintenance of Records. The Director shall
27 keep a record of the proceedings of the Board, which shall be open
f 28 for inspection by any member of the public.
D"/9G*/Mobi1e-3.or4 15
liov�D�r 9, 1992
I�
1 4. Appointment of Committees, Mediators or
2 Hearing officers. The Board may appoint committees, mediators
3 and hearing officers to hear matters on which testimony may be
4 taken, which committees, mediators and hearing officers shall
5 report to the Board the findings and results of any such hearing
6 on a matter referred to such committee or person upon request.
7 5• Conduct Studies and Znvesti ations. The
8 Board -shall have the power to make such studies, surveys, and
9 investigations, conduct such hearings, and obtain such information
10 as is necessary to carry out its powers and duties, and may
11 authorize individual members to do so.
12 6. Require Registration. The Board shall
13 require such registration of mobile home '
. parks as the Board'm
14 deem necessary to enable it to carry out its duties.
f 15 7• Approve Rent Adiustments, The Board may
16 approve such adjustments in rent ceilings as provided for in this
17 Chapter.
18 8. Evaluation. The Board shall render at least
19 semi-annually a comprehensive written report to the Mayor and
20 Common Council concerning the Board's activities, holdings,
21 actions, results of hearings, and all other matters pertinent to
22 this Chapter.
23 9. Related Duties. The Board shall undertake
24 such other related duties as may be assigned by the Mayor and
25 Common Council.
26 I• Compensation - Each member of the Board shall be
27 entitled to such compensation as may be set by the Mayor and
28 Common Council, including reimbursement for reasonable expenses
DAD/sts/Nobile-S.ord 16
NOV"*"r 9. 1992
I incurred in the performance of their official duties. The Board
2 shall not have any authority to expend or authorize the
3 expenditures of any public funds, except with the prior express
4 approval of the Mayor and Common Council.
5 J. Staff - The City Administrator shall provide all
6 administrative staff necessary to serve the Board. The City
7 Administrator shall provide a secretary to serve as secretary of
8 the Director and shall be responsible for the maintenance of all
9 records of the Board. The City Attorney or his/her designee shall
10 act as legal counsel to the Board.
11 8.90.120. Petition by tenant.
12 A. Any tenant of a mobile home rental space affected
13 by this Chapter, upon
payment of such fling fee as shall be-duXy
14 established, may petition the Board for a determination whether a
15
proposed or actual action by the landlord of such tenant is legal,
16 valid, and within the terms of this Chapter. If the Board shall
17 establish forms for such petitions, the petition shall be prepared
18 and submitted upon such form. In the absence of such designated
19 form, the petition shall contain the name, address and telephone
20 number, if known, of the landlord, owner, manager, or other person
21 authorized to represent the owner of the mobile home park, a brief
22 statement of the facts giving rise to the request for
23 interpretation or determination and a statement that a copy of
24 the petition has been personally served or mailed to the owner,
25 manager or other person authorized to accept and receive notices
26 to the landlord.
27 B. In the event that a petition by tenant(s) results
" 28 in a downward adjustment in the space rent, the
park owner shall
D�8/a�s/Mobii�-s.ord 17
ItcR►Nbts 1, 1992
I not be obligated to adjust any rent except the rent of those
!yam 2 tenant(s) who signed the
Petition and paid the established filing
3 fee.
4 8.90.130. Petition by landlord.
5 Any landlord of a mobile home park affected by this
6 Chapter may, upon payment of such filing fee as shall be duly
7 established, petition the Board for a determination whether a
$ particular course of action by said landlord is allowable, valid
9 and in conformity with this Chapter. The Board may designate
10 forms for the filing of such petitions. In the event that no such
11 form has been designated, the petition shall be in writing, and
12 shall contain the name address and telephone number, if any,y, of
OW
13 the person requesting the interpretation or opinion, the name d
rte. 14 address of each tenant of a rental unit owned or managed� g by the
15 person requesting the interpretation or opinion, if it is Intended
16 that such interpretation or opinion affects such rental unit, a
17 brief statement of the facts giving rise to the request for _
18 interpretation or opinion, and a statement that a copy of such
19 petition has been personally served upon or mailed to each such
20 tenant who might be affected thereby.
21 8.90.150. Conduct of Board proceedings.
22 A. Each party to a hearing may have assistance in
23 presenting evidence or in setting forth by argument his position,
24 from an attorney or such other person as may be designated by said
25 party.
26 B. Formal rules of evidence shall not apply in Board
27 proceedings; however, all oral testimony offered as evidence shall
28 be under oath.
DAB/408/Mobilt-S.ora 18
Xovmobr 9, 1992
I C. In the event that any party shall fail to appear
` 2 at the time and hearin lace set for
P 9 of a petition, the Hoard may
3 hear and review such evidence as may be presented, and may make
4 such findings and decisions as shall be supported by the evidence
5 presented.
6 D. The Board shall base its decision on evidence
7 presented at the hearing and may consider any evidence resulting
8 from independent investigations of the Board or its members
9 pursuant to 58.90.110.H.5 of this Chapter, where such evidence has
10 been disclosed to the parties.
11 $. The Board, shall make findings based on the
12 evidence as to each fact relevant to the Board's decision on the
13
petition. The decision of the Hoard shall be based upon the
ti
14 findings, and shall:
15 1. Determine whether the action or ro
P posed
16 action of a landlord is valid, permitted, and in conforms
17 this Chapter; and/or conformity with
18 2. Determine whether an adjustment is necessary,
19 and if so, the nature and amount of relief to be granted or
20 authorized to the landlord or homeowner.
21 S• The Board or its Director shall meet to consider
22 the evidence and arguments of the parties no later than thirty .
23 (30) days after the matter has been submitted for decision and
24 shall make its final decision at the conclusion of its
25 deliberations. No rent adjustment will be authorized unless
26 supported by the evidence. A notice of the Board's decision shall
27 be sent to each party to a proceeding. Unless good cause to the
(` 28 contrary shall appear, each decision of the Board shall appl
Y on
n�a/sss/�sabtls-s.ord 19
nova 9, 1992
1 a space by space basis, taking into account the possibility of
. 2 differences in base rent, services provided, and other facts
3 differentiating rental spaces.
4 F. Nothing in this Chapter, or in any decision of the
5 Board, shall require any landlord to raise rents or charges to
6 tenants. If an adjustment in the maximum permissible rent is
7 authorized, a landlord may raise rents or charges by a lesser
8 amount, or for a lesser time than is authorized by the decision of
9 the Board.
10 G. The findings and decisions of the Board shall be
11 a final administrative action.
There shall be no right of appeal
12 to the Mayor and Common Council. Such findings and decisions
13 shall be public records, and may be certified by the secretary 9f
.,-�. 14
the Board, if any, or by the City Clerk. Each decision s
� . hall
15 set forth a notice as required by California Government Code
16 Section 1094.6. The decision shall become effective upon pon mailing
17 to the party unless otherwise indicated at the hearing. This
18 section supersedes Chapter 2.64 of the San Bernardino Municipal
19 Code.
20 8.90.160. Priorities.
21 All petitions for hearings shall be heard in order of
22 date filed.
23 8.90.170. Rent adiustment
YiV{{$•
24 For purposes of determining allowable rent adjustments,
25 the rules and regulations set forth in this section shall be used.
26 In authorizing individual adjustments of the rent ceilings, the
27 Board, its hearing officers and the Director shall consider the
f 28 Purposes of this Chapter and the requirements of law. The Board
DU/aes/HobL1e-5.or4 20
XOVQ Aber 9. 1492
I may consider all relevant factors including: increases or
2 decreases in operating and maintenance expenses, the extent and
3 cost of utilities paid by the owner, necessary and reasonable
4 capital improvements of the park as distinguished from normal
5 repair, replacement and maintenance, increases or decreases in
6 amenities, equipment, insurance or services, substantial
7 deterioration of the p ark other than as a result of ordinary wear
8 and tear, failure on the part of the owner to provide ads
9 repair, housing services or failure on the part of the adequate
e owner to
10 comply with applicable housing, health and safety codes, federal
11 and state income tax benefits, the speculative nature of the
12 investment, whether or not the property as acquired or is held
13 a long term or short term investment, the owner's rate of return
14 on investment the owner current and base
� � s� year Net Operating
15 Income and any other factors deemed relevant by the Hoard, its
16 Director, or its hearing officer in providing the owner a fair
17 return. A sale of a mobile home park by the owner, subsequent to
18 June 3, 1991, which results in a Proposition 13 tax increase,
19 cannot be a factor to be considered in a request for a rent
20 adjustment by the new owners.
21 8.90.180. Net 22eratinc income.
22 Net Operating Income (NOI) shall be gross income less
23 allowable operating expenses.
24 8.90.190. Gross income.
25 Gross Income equals:
26 A. Gross rents, computed as gross rental income at
27 1004 paid occupancy, plus
28
21
liova�b�r 9. 1992
1 H. Interest from rental deposits, unless directly
!� 2 Paid by the landlord to the tenants.
3 C. Income from miscellaneous sources, including, but
4 not limited to, laundry facilities, vending machines, amusement
5 devices, cleaning fees or services, garage and parking fees, plus
6 D. All other income or consideration received or
7 receivable for or in connection with the use or occupancy P cy of
8 rental units,
9 B. Minus uncollected rents due to vacancy and bad
i0 debts to the extent that the same are beyond the landlord's
Il control.
12 8.90.200. Allowable 0 eratinc Ex enses.
13 Operating expenses shall include the following: - T
14 A. Real property taxes,
15 B. utility costs,
16 C. Management fees actually paid if management
17 services are contracted for. If all or a portion of management
18 services are performed by landlord, management fees shall include
19 the reasonable value for such landlord performed services.
20 Management fees greater than five percent (51) of gross income are
21 presumed to be unreasonable. Such presumption may be rebutted.
22 D. Other reasonable management expenses, including,
23 but not limited to, necessary and reasonable advertising,
24 accounting and insurance.
25 E. Normal repair and maintenance expenses, including,
26 but not limited to, painting, normal cleaning, fumigation,
27 landscaping, and repair of all standard services, including
28 ///
D"/sq/nobile-S.ord 22
f, 1992 ]
r n 4 l/
V
I electrical, plumbing, carpentry, furnished appliances, drapes,
2 carpets, and furniture.
3 F. Owner-performed labor, which shall be compensated
4 at the following hourly rates upon documentation of the date,
5 time, and nature of the work performed:
6 1. At the general
prevailing sate of per diem
7 wages for the San Bernardino area, for the specific type of work
8 performed, as determined and published by the Director of the
9 Department of Industrial Relations of the State of California
10 pursuant to Section 1770 et seq of the Labor Code of the State of
11 California.
12 2. If no such general prevailing rate has been
13 determined and
published, then a cost er hour for
p gerterpl
14 maintenance and a cost per hour for skilled labor as established
15 by resolution of the Mayor and Common Council.
16 Notwithstanding the above, a landlord may receive
17 greater or lesser compensation for self-labor if the landlord
28 proves by clear and convincing evidence that the amounts set forth
19 above are substantially unfair in a given case.
20 Owner performed labor in excess of 51 of Gross
21 Income shall not be allowed unless the landlord
proves by clear
22 and convincing evidence that such excess labor expenses resulted
23 in proportionately greater services for the benefit of tenants.
24 G. License and registration fees required by law to
25 the extent same are not otherwise paid by tenants.
26 H. The yearly amortized portion of capital expenses
27 including financing costs, computed In .accordance with any useful
28 life table utilized by the Internal Revenue Service.
n�+ei:Kn+oau«s.ora 23
xore. 1, 1"2
IO
I I• Reasonable attorneys fees and costs incurred as
A" 2 normal and reasonable costs of doin g business Including,g, but not
3 limited to, good faith attempts to recover rents owing and good
4 faith unlawful detainer actions not in derogation of applicable
5 law, to the extent same are not recovered from tenants.
6 8.90.210. Operating expenses not allowable.
7 Operating expenses shall not include the following;
8 A. Avoidable and unreasonable or unnecessary
9 expenses;
10 B. Mortgage principal and interest payments;
11 C. Lease purchase payments and rent or lease payments
12 to landlord's lessor;
13 D. Penalties, fees or interest assessed or awarded
14 for violation of this or any other statute;
15 8• Attorneys fees and other costs incurred for
16 proceedings before the Board or in preparation for such
17 proceedings, or in connection with any civil actions or
18 g proceedings against the Board or a decision rulin
• g, or order of
19 the Board;
20 F. Depreciation of the real property;
21 G. Any expenses for which the landlord has been
22 reimbursed by any security deposit, insurance settlement judgment
, � gment
23 for damages, settlement, or any other method.
24 8.90.220• Presum tion of fair base Year net operatIna
Income-
25
26 Except as provided in Section 8.90.230, it shall be
27 presumed that the Net Operating Income produced by a park owner
28 during the base year, provided a fair return on property. Owners
Novamber 9. 5992
1 shall be entitled to maintain and increase their Net Operating
2 Income from year to year in accordance with Sections 8.90,080, and
3 8.90.100.B.
4 8.90.230. Rebutting the nresumpt�i_
5 It may be determined that the base year net operating
6 income yielded other than a fair return on property, in which
7 case, the base year Net Operating Income may be adjusted
8 accordingly. In order to make such a determination, the Board or
9 its designee must make at least one of the following findings:
10 A. The owner's operating and maintenance expenses in
11 the base year were unusually high or low in comparison to other
12 years. In such instances, adjustments may be made in calculating
13 such expenses so the base year operating expenses reflect average
14 expenses for the property over a reasonable period of time. The
' 15 hearing officer shall consider the following factors:
16 1. The owners made substantial capital
17 improvements during 1988 which were not reflected in the rent
18 levels on the base date.
19 2. Substantial repairs were made due to damage
20 caused by natural disaster or vandalism which management has taken
21 appropriate action to reduce.
22 3. Maintenance and repair were below accepted
23 standards so as to cause significant deterioration in the quality
24 of housing services.
•
25 4. Other expenses were unreasonably high or .low
26 notwithstanding the following of prudent business measures,
27 B. The rental rates on the base date were
28 disproportionate due to enumerated factors below, In such
DAB/BeeMobil.-s.cra 25
1�►�s !, 1992
I instances, adjustments may be made in calculating gross rents
�- 2 consistent with the purpose of this Chapter.
3 1. The rental rates on the base date were
4 substantially higher or lower than in preceding months by reason
5 of premiums being charged or rebates being given for reasons
6 unique to particular units or limited to the period determining
7 the base rent.
8 2. The rent on the base date was substantially
9 higher or lower than at other times of the year by reason of
10 seasonal demand or seasonal variations in rent.
11 3. The rental rates on the base date were
12 exceptionally high or low due to other factors which would cause
13 the application of the base year net operating income to result kn
14 gross inequity to either the owner or tenant.
t
15 8.90.240. Determination of base ear net o eratin
16 income.
17 To determine the Net Operating Income during the
18 base year, there shall be deducted from the annualized gross
19 income being realized in 1988, a sum equal to the actual operating
20 expenses for calendar year 1988, unless the owner demonstrates to
21 the satisfaction of the Board or its designee that the use of some
22 other consecutive 12-month period is justified by reasons
23 consistent with the purposes of this section.
24 B. In the event the owner did not own the subject
25 property during the base year, the operating expenses for 1988
26 shall be determined by one of the following methods, whichever the
27 Board or its designee determines to be more reliable in the 28 particular case:
iUtB/ses/l4ebil�-s,ord
26
9. 1992
I P 1 0
I 1• The previous owner's actual operating
? 2 expenses as defined in Section 8.90.200 if
such figures were
3 available, or
4 2. Actual operating expenses for the first
5 calendar year of ownership, discounted to 1988 by the schedule.
6 8.90.250. Determination of current ear net o eratin
7 income.
8 To determine the current year net operating income,
9 there shall be deducted from the
annualized gross income,
10 determined by analyzing the monthly rents in effect at the time of
11 filing of a petition, a sum equal to the actual operating expenses
12 for the last calendar year (unless the owner demonstrates to the
13 satisfaction of the Board or its designee that the use of "soda
14 other consecutive 12-month
• period is justified by reasons
15 consistent with the purposes of this section).
16 8.90.260. Schedule of increases eratin expenses.
17 Where scheduling of rental increases
or other
18 calculations, require projections of income and expenses, it shall
19 be assumed that operating expenses, exclusive of ro er
P P tY taxes,
20 and management expenses, increases at 51 per year, that property
21 taxes increase at 2* per year, and that management expenses
22 constitute 5$ of gross income, provided, however, that if actual
23 increases are greater or less than those listed in this section,
24 the actual increases shown according to proof shall be the
25 increases applicable.
26 8.90.270. Allowable rent adjustments.
27 The Board, a hearing fficer or the Director may` g Y permit
# 28 rent adjustments, unless otherwise prescribed by law, such
that
lkvmb+r 9. 1192
I the owner's net operating income will be adjusted at the rate as
2 specified in Section 8.90.100 B.2.
3 8.90.280. Discretionary considerations.
4 While the Net Operating Income formula should operate
5 to guarantee a park owner a fair return on investment, the
6 Director or hearing officer considering a request for rent
7 increases shall consider all relevant factors presented in making
8 a determination, as set forth in this Chapter.
9 8.90.290. Limit on increases PendIn2 hearin or
10 iitiaation.
11 Notwithstanding any other provisions of this Chapter,
12 no adjustment in rents in a mobile home park shall be valid during
13 the time that any hearing or proceeding is being
14 pursuant to this Chapter, nor shall such increase b
{ � 15 the period in which the Board's decision for th at a valid d d dur urinng g
park is being
16 reviewed by a Court of competent Jurisdiction, except those the
17 tenants shall be required to pay as the Permissible Adjustment as
18 provided for under Section 8.90.090 B.
19 8.90.300. Rent adjustments for reduction in services.
20 A. No owner shall reduce the level or kind of
21 services provided to tenants as of the date of adoption of this
22 Chapter or take any other punitive action in retaliation for the
23 exercise by tenants of any of the rights granted
by this Chapter.
24 B. If a mobile home park provides in the rent,
25 without separate charge, utilities or similar services (including,
26 but not limited to, natural gas, electricity, water, sewer, trash,
27 and cable television) and converts to separate charge for such
f 28 service by separate metering, separate charge or other lawful
N�8/��s/Mobil�-S.ord 28
X*v"b*r 9. 1992
1 means of transferring to the tenant the obligation for payment for
2 such services, the cost savings shall be passed through to tenants
g by a rent adjustment equal to the actual cost to the park of such
4 transferred utility or similar service (less common area usage)
5 based on costs for the twelve (12) months period prior to notice
6 to the tenants of the change. provided compliance with this
7 section occurs, provisions for mediation and/or hearing shall not
8 apply- It is the intent of this Section for those rental
9 agreements entered into on or after January 1, 1991 to be
10
consistent with the provisions of Civil Code Section 798.41 as
11 adopted by Chapter 1013, Section 2 of the Statutes of 1990.
12 C. For purposes of Section 8.90.300 A. above,
13 determining cost savings to be �
passed on to tenants in the form of
14 decreased rent, the cost of installation of separate utility
(J 15 meters, or similar costs incurred by the owner to shift the
16 obligation for payment of utility costa to the tenants shall not
17 be considered. However, this shall not be construed to prohibit
18 or prevent the consideration of inclusion of such costs as an
19 increased operating expense at mediation or arbitration.
20 D. If a service other than a utility or similar
21 service per subsection (A) above is reduced or-eliminated, or if
22 a utility or similar service is reduced or eliminated without a
23 concomitant decrease in rent, the provisions of this Chapter
24 regarding petition and/or hearing shall apply subject to the
25 following conditions. Any petition initiating mediation or
26 hearing must be filed within twelve (12) months of the date on
27 which the service was reduced or eliminated, and the reduction or
28
�u►a�...�oei1.-s.ora 29
Xovmber 9. 1992
I elirdnation in services must continue to exist at the time of the
2 hearing. Rent adjustments shall only be granted prospectively.
3 8.90.310. Quantum of proof and burden of proof.
4 The decision of the Board, its Director, or hearing
5 officer must be supported by the evidence submitted at the
6 hearing. The petitioning party shall have the burden of proof in
7 such proceedings.
8 8.90.320. A p eal.
9 Any party to a hearing shall be entitled to appeal the
10 decision of the Director or the hearing officer to the Board.
11 8.90.330. Filing of appeal.
12 Any party seeking to appeal the decision of the
13 Director or the hearing officer must file such written a ppepa l
.*� 14 within fifteen (15) days of the date of notice of the decision and
15 must post a deposit of an amount sufficient to cover the cost of
16 preparing the Hearing Record.
17 8.90.340. Appeal hearinc.
18 Upon the request of any party filing an appeal and
19 depositing the suns required in Section 8.90.330 hereof, the Board
20 shall schedule a hearing to be held within thirty (30) days of the
21 filing of appeal and shall direct the Director to notify the
22 parties of such hearing date.
23 8.90.350. Appellate review.
24 The Board shall review the Hearing Record and hear the
25 arguments of the parties at the appeal hearing, but shall limit
26 its review to facts presented at the hearing before the hearing
27 officer.
... ?8
Dab/sq/16obil•-S.ord 30
Novambe! 9. 1992
1 8.90.360. Time for anpellate decision.
f- 2 The Board shall make a decision no later than five (5)
3 days following the appeal hearing and notify the parties within
4 ten (10) days following the Board's decision.
5 8.90.370. Finality of decision.
6 The decision of the Board on appeal shall be final and
7 binding. This section specifically su ercedes Municipal,
Code
8 Chapter 2.64.
9 8.90.380. Judicial review.
10 An owner or tenant aggrieved by any action of the Board
11 may seek judicial review by appealing to the appropriate Court
12 within the Jurisdiction. Sections 1094.5 and 1094.6 of the Code
13 of Civil Procedure are applicable.
14 8.90.390. Termination of tenan . low
t
' . 15 A tenancy which is not held pursuant to a written
16 rental agreement that conforms to the provisions of Section 798.1
17 et seq. of the California only
Civil Code shall be 5
y
18 pursuant to Section 798.55 et seq. of the California Civil Code.
19 8.90.400. Remedies for violation.
20 A. Civil Remedies - Any person who demands, accepts,
21 or retains any payment in violation of any provision of this
22 Chapter shall be liable in a civil action to the
person from whom
23 such payment is demanded, accepted, or retained for damages in the
24 sum of three (3) times the amount by which the payment or a
demanded, accepted or retained xceed the m P ymente
25 d maximum rent which could
26 lawfully be demanded, accepted, or retained, together with
27 reasonable attorney's fees and costs -as determined by the Court.
28
D�8/��sMoDil�-S.ord 31
• �.r s, lass
1 t Criminal Remedies - It b,sall be unlawful for any
2 owner to adjust any rent in an amount in excess of that allowed
3 under this Chapter or by order of the Board. Rn
Y owner who
4 willfully and knowingly violates any of the provisions of this
5 Chapter or the orders of the Board shall be
guilty of a
6 misdemeanor.
7 C. Injunctive and Other Civil Relief - The Board, the
8 Director, the City, and the tenants and owners may seek relief
9 from the appropriate Court within the Jurisdiction within which
10 the rental unit is located to enforce any provision of this
11 Chapter or its implementing regulations or to restrain or enjoin
12 any violation of this Chapter and of the rules, regulations,
13 orders and decisions of the Board. a
14 D. Non-waiver of Rights - An waiver
Y or purported
15 waiver by a tenant of rights granted under this Chapter prior to
erc
the time when such rights may be exercised,sed, whether oral or
17 written, shall be void as contrary to public policy.
18 8.90.410. Period review of Chapter,
19 A. The Mayor and Common Council shall review the
20 provisions of the Chapter one year following the date of adoption
21 thereof, and at any other time deemed appropriate, in order to
22 consider the following:
23 1• Whether this Chapter continues to be
24 necessary to protect the public health, safety, and welfare.
2. Whether the implementation of the provisions
26 of this_Chapter have been adequate; and
27 3• Whether the provisions of this Chapter should
' DAB/*N/Hobi1*-5.cra
32
Xoveobfr 9. 1991
I be amended co provide more effective regulations or to avoid
2 unnecessary hardship.
f
3 8.90.420. Severability.
4 1 If any provision(s) of this Chapter or application
5 thereof to any person or circumstances is held invalid, this
6 invalidity shall not affect other applications of this ordinance
7 which can be given effect -without the invalid provision or
8 application, and to this end, the provisions of this Chapter are
9 declared to be severable.
10 8.90.430. Cha ter to be liberell construed.
11 This Chapter shall be liberally construed to achieve
the u P P
12 Purposes of this Chapter and to reserve its validity.
13
14
'
15
16
17
18
19
20
21
22
23
24
25
26 -
27
28
D"/ses/MobilrS.ord 33
Navrb�r 9, 1992
l
1 AN ORD AANCE. . .AMENDING CHAPTER 8.90 OT THE SAN BERNARDINO
2 'MUNICIPAL CODE RELATING TO MOBILE HOME PARK RENT SULBILIZATION.
3 I HEREBY CERTIFY that the foregoing ordinance was duly
4 adopted by the Mayor and Common Council of the City of San
5 Bernardino at a meeting thereof, held on the
g day of -°'
1992, by the following vote, to wit:
? Council Members: AYES NAYS ABSTAIN ABSENT
8 ESTRADA
9 REILLY
10 HERNANDEZ
11 MAUDSLEY
12 MINOR
13
POPE-LUDLAM �— �— --
14 MILLER �-
' 15
16
City Clerk
1? The foregoing ordinance is hereby by approved this day
of 1992.
19
20 W. R. Holcomb, Mayor
21 City of San Bernardino
Approved as to fora
22 and legal content:
23 JAMES F. PENMAN,
City Attorney
24
25 By 26
27
28
nos/aes/Moeil�-s.ore 34
Novembw 9. 1992