HomeMy WebLinkAboutMC-798
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ORDINANCE NO. Me-7g8
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
8.90.170 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
3 HARDSHIP MOBILE HOME RENT INCREASES.
4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
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SECTION 1.
Chapter 8.90 of the San Bernardino Municipal
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Code regulates rate increases in Mobile Home Parks pursuant to
the findings and conclusions stated therein.
In addition to
automatic rent increases Chapter 8.90 allows hardship rent
increases as approved by the Mobile Home Rent board to allow the
Mobile Home Park owner to pass on to the Mobile Home owner
unanticipated increased costs of doing business and of providing
the services which benefit the Mobile Home Owner. The Mayor and
Common Council do hereby find and conclude that a property tax
reassessment under California Constitution Article XIII A,
Section 2 and Revenue and Taxation Code Section 50 et seg. and
Section 60 et seg. due to the purchase of the Mobile Home Park by
the Mobile Home Park owner is an anticipated cost of doing
business and is a cost that is taken into consideration when
deciding to purchase the Mobile Home Park.
For the purposes of
Chapter 8.90, such cost shall not be considered in the review of
a hardship rent increase application.
SECTION 2.
Section 8.90.170 of the San Bernardino
Municipal Code is hereby amended to read as follows:
"8.90.170. Hardship Rent Increase Regulations
For purposes of determining allowable hardship rent
increases, the rules and regulations set forth in this
Section shall be used.
In authorizing individual
DABjsesjMobiHom2.ord
May 16, 1991
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Me-19B
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adjustments of the rent ceilings, the Board, its hearing
officers and the Director shall consider the purposes of
this Ordinance and the requirements of law.
The Board may
consider all relevant factors including:
increases or
decreases in operating and maintenance expenses, the extent
and cost of utilities paid by the owner, necessary and
reasonable capital improvements of the park as
distinguished from normal repair, replacement and
maintenance, increases or decreases in amenities,
equipment, insurance or services, substantial deterioration
of the park other than as a result of ordinary wear and
tear, failure on the part of the owner to provide adequate
repair, housing services or failure on the part of the
owner to comply with applicable housing, health and safety
codes, federal and state income tax benefits, the
speculative nature of the investment, whether or not the
property as acquired or is held as a long term or short
term investment, the owner's rate of return on investment,
the owner's current and base year Net Operating Income and
any other factors deemed relevant by the Board, its
Director, or its hearing officer in providing the owner a
fair return.
A sale of a mobile home park by the owner,
subsequent to June 3, 1991, which results in a Proposition
13 tax increase, cannot be a factor to be considered in a
hardship request for a rent increase by the new owners."
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DAB/Ses/MobiHom2.ord
May 16, 1991
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MC~198
1 AN ORDINANCE...RELATING TO HARDSHIP MOBILE HOME RENT
INCREASES.
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I HEREBY CERTIFY that the foregoing ordinance was duly
Bernardino at a regular
adopted by the Mayor and Common Council of the City of San
t' th f h ld on the 1ST,
mee lng ereo, e
5
, 1991, by the following vote, to wit:
AYES NAYS ABSTAIN
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day of July
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Council Members:
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ESTRADA
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REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
The foregoing
of
July
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22 Approved as to form
and legal content:
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JAMES F. PENMAN,
City Attorney
R~~f
City Clerk
ordinance is he.rebY ap. provedl51S)~~
/
, 1991. ~~~//~~/., /
~ j!/7 .---.-, ,/
'w. R. Hol~omb, Mayor
City of San Bernardino
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DABjsesjMobiHom2.ord
June 5, 1991
day
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