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HomeMy WebLinkAboutMC-675 \: " 1 ORDINANCE MC-675 2 ORDINANCE OF THE CITY OF SAN BERNARDINO PROVIDING THAT RENTS FOR MOBILE HOME SITES SHALL NOT EXCEED THOSE IN EFFECT ON 3 THE EFFECTIVE DATE OF THIS ORDINANCE , AND TEMPORARILY PROHIBITING RENTAL INCREASES THEREFOR, AND DECLARING THE URGENCY 4 THEREOF. 5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 6 DO ORDAIN AS FOLLOWS: 7 SECTION 1: Purpose. Pending further study of the 8 development and adoption of measures to address the problems 9 created by the present apparent mobile home site shortage, it is 10 necessary, on an interim basis, to prohibit rental increases on 11 mobile home sites within the City of San Bernardino. 12 SECTION 2. Definition of Terms. Unless it is apparent 13 from the context that another meaning is intended, the following 14 words and terms when used herein shall have the meaning ascribed 15 to them by this Section. 16 A. "Services": Services connected with the use or 17 occupancy of a mobile home site including, but not limited to, 18 repairs, replacement, maintenance, painting, light, heat, water, 19 refuse removal, sewage removal, furnishings, telephone, parking 20 and any other benefits, privileges or facilities. 21 B. "Sitell: Any area or tract of land or portion of a 22 mobile home park designated or used for the occupancy of one 23 mobile home. 24 C. "Mobile Home Park": Any area or tract of land where 25 two or more mobile heme sites are rented or leased or held out 26 for rent or lease to accommodate mobile homes used for human 27 habitation. The rental paid for any such mobile home shall be 28 1 MC-675 . 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 deemed to include rental for the site it occupies. D. "Mobile Home Park Operator": An owner, lessor, sublessor, including any persons, firm, corporation, partnership, or other entity, entitled to receive rent for the use of any mobile home site, or the agent, representative or successor of any of the foregoing. E. "Moratorium Period": The period of time beginning on the effective date of this ordinance and continuing for 120 calendar days thereafter, or until such time as the Mayor and Common Council establish a procedure for the adjustment and/or regulation of rents, whichever occurs first. F. "Rent": The consideration, including any bonus, benefits or gratuity demanded or received, for or in connection with the use or occupancy of a mobile home site (but not the transfer of a lease for such a unit) eF-~Re-~~ftfts~e~-~-~~~ ~eF-StleR-6-~ft~~, including but not limited to monies demanded or paid for parking, for furnishings, for services of any kind, for subletting, or for security deposits for damage and/or for cleaning. G. "Mobile Home Site Rental Units": All mobile home sites in the City of San Bernardino designed for rental use or actually rented at any time on or after the effective date of this ordinance, and all services, privileges, furnishings and facilities supplied in connection with the use or occupancy thereof, including garage and parking facilities. The term shall not include: (1) mobile home sites in nonprofit cooperatives owned 2 MC-675 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 . , and controlled by a majority of the residents; (2) mobile home sites which a government unit, agency or authority owns, operates, or manages or which are specifically exempted from municipal rent regulation by state or federal law or administrative regulation; (3) mobile home sites located in a mobile home park completed or newly constructed after the effective date of this ordinance. H. IITenant" : A tenant, subtenant, lessee, sublessee or any other person entitled to the use or occupancy of any mobile home site rental unit. I. "Average Per Unit Rehabilitation Cost": The cost of rehabilitation to the mobile home park, or any portion thereof, sufficient to bring the mobile home park into compliance with all applicable City ordinances, divided by the total number of mobile home sites in the mobile home park. The costs of rehabilitation, including, but not limited to, interest costs on loans for the purpose of rehabilitation, shall have been paid or incurred by the mobile home park operator six (6) months prior to or during the moratorium period or any extension thereof, for rehabilitation work done six (6) months prior to or during the moratorium period or extension thereof. J. "Average Per Unit Capital Improvement Cost": The cost of a capital improvement, divided by the number of mobile home sites in the mobile home park. A "Capital Improvement Cost" shall be the costs for improvements to the mobile home park or any building or structure located within the mobile home park, 3 MC-675 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 which improvements have a useful life of five years or more, and which costs have been paid or incurred by the mobile home operator during the moratorium period or any extension thereof for the capital improvement work done during the moratorium period of extension thereof. This term shall not include expenditures for the purchase of land, an existing building, or any interest in an existing building for the purpose of increasing the number of mobile home sites in the mobile home park; nor does it include expenditures necessary to keep or maintain that level of services provided to the mobile home site rental unit at its applicable rollback date. SECTION 3. Rental Increase Moratorium. A. Beginning on the effective date of this ordinance, and continuing for one hundred and twenty (120) calendar days thereafter, or until such time as the Mayor and Common Council establish a procedure for the adjustment and/or regulation of rents, whichever occurs first, rents shall be at the levels and shall not otherwise be increased except as provided in subparagraph B below. B. During the moratorium period, the maximum rent for a mobile home site rental unit in the City of San Bernardino shall be the fOllowing: (1) For a mobile home site rental unit which is rented as of the effective date of this ordinance, and continues to be rented thereafter to one or more of the tenants occupying such rental on the effective date of this ordinance: The rent shall not exceed that in effect on the 4 MC'-675 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 date of this ordinance. The level of services provided to the rental unit on the effective date of this ordinance shall not be reduced during the moratorium period. No notice to the tenant, whether given before or after the effective date of this ordinance, shall be effective to increase the rent during the moratorium period. (2) For a mobile home site rental unit which is not rented as of the effective date of this ordinance, but which is rented during the moratorium period and continues to be rented to one or more of the same tenants: The rent shall not exceed that in effect on the date the mobile home site rental unit is first rented after the effective date of this ordinance. The level of services provided to the rental unit on the rental date shall not be reduced during the moratorium period. (3) For a mobile home site rental unit voluntarily vacated on or after the effective date of this ordinance, and prior to the end of the moratorium period: If the vacancy was voluntary (i.e., not the result of an unlawful eviction, other than for just cause), wfte'l;;ft~-4'of--j-as--e--eBtlse-~-o-t-hei:'w-i-ge-,--eJ:'-ef ffie~~~-ft~-p~-e~J:'a~eF~~-J:'e~HSB~--t-e-Fefl~-B ~er!e6!e-k~~-~ease-B~FeeffieR'l;;7, then the rent may be increased to the market rate upon the re- rental of the mobile home site rental unit. So long 5 MC-"675 1 as such unit continues to be rented to one or more of 2 the tenants first occupying the mobile home site 3 rental unit at the time of such re-renta1, such rent 4 shall not exceed that in effect on the date the 5 rental unit is first re-rented, nor shall the level 6 of services provided on that re-renta1 date be 7 reduced during the moratorium period. 8 (4) For mobile home site rental units vacated other than 9 voluntarily after the effective date of this ordinance: 10 The rent for such mobile home site rental unit 11 shall not thereafter exceed the rent in effect 12 immediately prior to such involuntary vacation, 13 unless the unit is subsequently voluntarily vacated. 14 The level of services provided prior to such 15 involuntary vacation shall not be reduced during the 16 moratorium period. 17 (5) For a mobile home site rental unit which has been 18 found to be in violation of any then existing City ordinance: 19 The rent shall not exceed that amount dictated 20 by the above subparagraphs (1) through (4), 21 inclusively, plus the average per unit rehabilitation 22 cost amortized over not less than a thirty-six month 23 period, which costs have been incurred by the mobile 24 home park operator during the moratorium period for 25 rehabilitation work done during the moratorium period 26 for the sole purpose of bringing the subject 27 property into compliance with City ordinances. 28 6 MC-675 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 (6) For a mobile home site rental unit with respect to which capital improvement costs are incurred: The rent shall not exceed the amount dictated by the above subparagraphs (1) through (5), inclusive, plus the average per unit capital improvement cost amortized over a sixty-month period. C. Subparagraph (5) and subparagraph (6) of Paragraph B above shall not be applicable to any mobile home park unless the mobile home park operator of such mobile home park has provided the Community Development Department with written proof satisfactory to that department that the cost of rehabilitation work or capital improvement work was incurred during the moratorium period and that the rehabilitation or capital improvement work was completed during the moratorium period. D. The Mobile Home Moratorium Review Committee Meej,},e-Heme PaFk-~-Hee-€~~~~ee is hereby estab1ished and authorized to hear and decide the appeal of any action taken by any official of the City of San Bernardino pursuant to the authority of this ordinance or any part thereof except the commencement of criminal prosecution and to hear appeals related to the interpretation of any provision hereof, except any crimina1 provisions. Afi-a~~ea% er-~~~eei8~~~~-tfl~~ej,},e-~-~ap~-A6-~~~~t~-may ~fiepear~ep-ee-ffieee-ke-k~~~~~~~~~-~fi-aeeepdafiee wit~-~fie-~pev~~~fis-~-GfiB~t~-~.&4-~-~fie-~-Be~~fie M~fij,ej,~a},-€e6e. A11 decisions by said Committee shall be final. The Mobile Home Moratorium Review Committee shall be comprised of five (5) members who shall be appointed by the Mayor and Common 7 MC-.675 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 Council. All administrative costs of said Committee shall be paid in a manner to be established by resolution by the Mayor and Common Council. Said Committee shall be fiscally self- sustaining. SECTION 4. Violation of Ordinance. (A) It shall be unlawful for any mobile home park operator to demand, accept, receive or retain any payment of rent in excess of the maximum lawful rents set forth in this ordinance. Any person violating any of the provisions, or failing to comply with any of the requirements of this ordinance, shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the provisions of this ordinance shall be punishable by a fine of not more than Five Hundred ($500.00) Dollars or by imprisonment in the County Jail for a period of not more than six months, or by both. Each violation of any provision of this ordinance, and each day during which any such violation is committed, permitted, or continued, shall constitute a separate offense. (B) The Community Development Department is hereby authorized to commence actions for violations of the provisions of this ordinance through the filing of long form complaints with the office of the City Attorney. SECTION 5. Refusal of a Tenant to Pay Rent Increase. A tenant may refuse to pay any increase in rent which is in violation of this ordinance and such violation shall be a defense in any action brought to recover possession of a mobile home site rental unit or to collect the illegally charged rent increase. 8 ......'U U/J _MC-675 . 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 SECTION 6. If any provision or clause of Severability. this ordinance or the application thereof to any person or circumstance is held to be unconstitutional or to be otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other ordinance provisions or clauses or applications thereof which can be implemented without the invalid provision or clause or application, and to this end the provisions and clauses of this ordinance are declared to be severable. SECTION 7. This ordinance is an urgency measure Urgency. necessary for the immediate preservation of the public peace, health or safety and shall go into effect immediately upon its adoption and approval. The facts constituting such urgency are: A. In recent months there has been an increasing concern on the part of the public officials and residents of the City of San Bernardino regarding rent increases in mobile home sites in this City. B. There is a growing shortage of decent, safe, sanitary mobile home sites resulting in a critically low vacancy rate, rising rents, and stringent conditions of site occupancies exploiting this shortage; that this condition is having a detrimental effect on the lives of a substantial number of the San Bernardino residents who reside in mobile homes and is endangering the health and welfare of such residents, especially creating 9 ftt.;-Q/,:J MG4i75 vt;'- '::'7':; " 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 . . . . hardships on senior citizens, persons on fixed incomes, and persons of low income, C. The cost of relocation of a mobile home is amounting to thousands of dollars. D. Many mobile home parks will not rent a mobile home site unless the site will be occupied by a new mobile home. E. The Mayor and Common Council continue to receive reports of unfair rent increases, particularly relating to mobile homes, which may lead to the displacement or a lower standard of living, of many mobile home tenants. F. The Mayor and Common Council find that immediate action is required to preserve the status quo by imposing a temporary moratorium on rent increases for mobile home sites, pending consideration of the feasibility and desirability of any further measures. I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino, at a meeting held on the 6th day regular of September , 19~, by the following vote, to wit: AYES: Estrada, Reilly, Flores, Council Members Maudsley, Minor, Pope-Ludlam, Miller NAYS: None ABSENT: None ---~//$~:&~/ 7 Ci ty Clerk JFW:ss August 21, 1989 10 MC-l>75 " - ~-- . " 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 day 0 Approved as to form and legal content: . . " resolution is hereby approved this 'AME~ Attornoy BY: /. ~/ ) / JFW:ss August 21, 1989 11