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HomeMy WebLinkAbout35-City Attorney ... -- - CITY OF SAN BERNODINO - REQUEST F::R COUNCIL ACTION From: James F. Penman Subject: A.~ ORDINA'\jCE OF THE CITY OF SAN BEmARDINO REPEALING SUBSSCl'ICN 8.90.050.B.2. OF THE SA.~ BERVlRDINO MUNICIl!'AL CODE RELllTING TO l\LILWED RENTAL RATE INCREASES UPCN THE SALt OF MJBILE HCMES IN A MJBILE HCMES PARKS. Dept: City Attomey Date: January 9, 1992 Synopsis of Previous Council action: None. Recommended motion: That further reading of the ordinance be waived and it be laid over for final adoption. ./~~ 2 Contact person: f'e'nn; C! A 'R::loT1 rat! Phone: JQ.4-I;<E:;.5 Supporting data attached: Ward: FUNDING REQUIREMENTS: Amount: Source: IAcct. No.) (Acct. Description 1 Finance: Council Notes: 75-0262 Agenda Item No 35 ... - - - CITY OF SAN BERNODINO - REQUEST FC::R COUNCIL ACTION STAFF REPORT Currently the City has a provision in its Mobile Home Rent Control Ordinance that limits rent increases to no more than 10% in situations where a mobile home located in a mobile home park is sold to a new mobile home owner. There is a line of state court cases that upholds such a provision on the basis that it is an appropriate exercise of the City's police power. However there is another line of federal court cases that concludes that such provisions act as a taking of the mobile home park owner's property, and such taking must be paid for by the public entity. The issue is currently pending before the United states Supreme Court and it is far from certain how the Court will decide. The Ci ty has been sued by several park owners based on the federal cases. In an attempt to limit the amount of damages that would ul timately be paid to the plaintiffs in such case should the Supreme Court disagree with the City's position, it is recommended that the provision be repealed pending the decision of the United States Supreme Court. 75.0264 I. 1 2 :I 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - - - - - c :;) ORDINANCE NO. AN ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING SUBSECTION 8.90.050. B. 2. OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ALLOWED RENTAL RATE INCREASES UPON THE SALE OF MOBILE HOMES IN MOBILE HOME PARKS THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Subsection 8.90.050.B.2 of the San Bernardino Municipal Code is hereby repealed. III III III III III III III III III III III III III III III III III III III III III DAB/js/Increase.Ord 1 4 1 2 :I 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 - o o AN ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING SUBSECTION 8.90.050. B. 2. OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ALLOWED RENTAL RATE INCREASES UPON THE SALE OF MOBILE HOMES IN MOBILE HOME PARKS 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 thereof, held on the day of , 1992, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER City Clerk The foregoing ordinance is hereby approved this day of , 1992. W. R. Holcomb, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney ~ DAB/js/Increase.Ord 2