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HomeMy WebLinkAboutMC-769 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .. . 1 ORDINANCE NO. MC-769 2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.90 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO MOBILE HOME 3 RENT STABILIZATION. 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 5 SECTION 1. Subsection L of Section 8.90.040 of the San 6 7 Bernardino Municipal Code is hereby amended to read as follows: 8 "L. 'Space Rent' means the consideration, including any 9 bonuses, benefits, or gratuities demanded or received for 10 and in connection with the use or occupancy of a mobile 11 home space within a mobile home park, or for housing 12 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 mobile home space shall include the exercise of all rights and privileges and the use of facilities, services and amenities accruing to the residents thereof. 'Space Rent' shall not include any separately billed utility fees and charges for natural gas or liquid propane gas, electricity, water, cable television, garbage or refuse service, and sewer service." SECTION 2. Subsection B of Section 8.90.050 of the San Bernardino Municipal Code is hereby amended to read as follows: "B. Vacancies. 1. If the mobile home space is voluntarily vacated by the tenant other than by sale of the mobile home, or vacated pursuant to California Civil Code Section 798.56, the landlord may increase the rental rate to any amount as provided in DAB/ses/Mobihom2.ord February 13, 1991 1 15 16 17 18 19 20 21 22 23 24 25 MC-769' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 SECTION 3. Subsection A of this Section 8.90.050. 2. Subject to the provisions of Civil Code Section 798.17, if the mobile home is sold and is to remain on site, the landlord may increase the rental rate to the new tenant by up to 10% of the current allowable rent. 3. Upon the re-renting of a rental unit which has not been voluntarily vacated by the previous tenant, the base rent and the base rent month shall remain unchanged, and the 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 voluntarily and without coercion by the landlord vacates the rental unit or, if the tenant dies and there is no surviving cohabitant. 5. All other vacancies are involuntary. When a rental unit which has been involuntarily vacated is re-rented, the landlord shall, not more than ten (10) days after such re-renting, give notice to the new tenant of the base rent and the base rent date of the previous tenant and that said base rent and base rent date are applicable to the new tenant." 26 Municipal Code is hereby amended to read as follows: Section 8.90.060 of the San Bernardino 27 28 I I I DAB/ses/Mobihom2.ord February 13, 1991 2 .. 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 ,- MC-769. .. . "B. If a mobile home park provides in the rent, without separate charge, utilities or similar services (including, but not limited to, natural gas, electricity, water, sewer, trash, and cable television) and converts to separate charge for such service by separate metering, separate 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 reduction equal to the actual cost to the park of such transferred utility or similar service (less common area usage) based on costs for the twelve (12) month period prior to notice to the tenants of the change. Provided compliance with this section occurs, provisions for mediation and/or hearing shall not apply. It is the intent of this Section for those rental agreements entered into on or after January 1, 1991, to be consistent with the provisions of Civil Code Section 798.41 as adopted by Chapter 1013, Section 2 of the Statutes of 1990." / / / / / / / / / / / / / / / / / / DAB/ses/Mobihom2.ord February 13, 1991 3 ~ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 --.. . MC-769 - . .. .' 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.90 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO MOBILE HOME 2 RENT STABILIZATION. 3 4 I HEREBY CERTIFY that the foregoing ordinance was duly 5 adopted by the Mayor and Common Council of the City of San Bernardino at an ~~a8Y~j!ed meeting thereof, held on the 11th 6 7 8 day of March , 1991, by the following vote, to wit: Council Members: ESTRADA AYES X NAYS ABSTAIN 9 REILLY X FLORES X MAUDSLEY X MINOR X POPE-LUDLAM X MILLER x ./,. , ~""; " \..4" . J , .. /'( , " '''~ .IV' ).AA,..~-:.r..""'f~''-'" ~City Clerk - , The foregoing ordinance is hereby approved /ozl/c, day of March , 1991. Approved as to form and legal content: JAMES F. PENMAN, City Attorney By: /l/1.w,ji/ apv,,__ J /~- DAB/ses/Mobihom2.ord February 13, 1991 4