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HomeMy WebLinkAboutMC-944 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Effective:' July 6, 1995 ORDINANCE NO. MC-944 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 8.90.100 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO MOBILE HOME PARK RENT INCREASES FOR CAPITAL IMPROVEMENTS. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Subsection C of Section 8.90.100 of the San Bernardino Municipal Code is hereby renumbered as Subsection D. SECTION 2. A new Subsection C is hereby added to Section 8.90.100 of the San Bernardino Municipal Code to read as follows: "C. Special Assessment Based on Capital Improvements. 1. An application for a special assessment based on the cost of a completed capital improvement may be filed with the Mobilehome Board pursuant to this subsection. For the purposes of this subsection "Capital Improvement" is defined as the installation of new improvements and facilities and/or the replacement or reconstruction of existing improvements and facilities which consist of more than ordinary maintenance or repairs, with a useful life of at least five (5) years, and have been agreed upon between the park owner, the resident committee, if any, and approved by more than 50 percent of the owners of all mobilehomes located wi thin the park in an election called to consider the matter with each space casting one vote. 2. A special assessment may be granted at the discretion of the Board considering all circumstances wi thout approval of the homeowners if the capital improvement is necessary to protect the health and safety of the residents of the park, or to comply with governmental laws or regulations. 3. Capital Improvement Assessments shall be amortized over the useful life of the improvement as set forth in Internal Revenue Service "class life" tables then in effect, unless the Board in its discretion determines that the use of such tables is unreasonable under the circumstances. 4. In addition to the cost of the improvements(s) the Assessment shall include interest at two percent over the prime rate at Bank of America in effect at the time the assessment is approved calculated annually on the unamortized cost of improvement. DAB/js [Rentlncr.OrdJ 1 June 7, 1995 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 MC-944 5. Capital Improvement Assessments shall be apportioned equally among all spaces in the mobilehome park and shall be payable monthly, and shall be set forth by the park owrter as a separate item from the space rent. The Assessment shall remain in effect until the cost of the improvement, plus interest as set forth herein, has been fully recovered." I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 5th day of June , 1995, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT NEGRETE x CURLIN x HERNANDEZ x OBERHELMAN x DEVLIN x POPE-LUDLAM x MILLER x C~~ ~Jc The foregoing Ordinance is hereby approved this ~day of June , 1995. Ii, , ~{~,w"'-- T m Minor, Mayor City of San Bernardino Approved as to form 25 and legal content: 26 JAMES F. PENMAN, City Attorney 27 28 By: [hl/ /1,:;1 S'/Li (;er~ -::;;Sr~ {',Ie,! II ;tll; /1 CC (s. DAB/js (Rentlncr.Ordl../ . LJ"'-.' 2 /~ i"'.c.(:C:' ~-1-7'::> June 1, 1995