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HomeMy WebLinkAbout36-City Attorney I 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 o o ORDINANCE NO. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 8.90.170 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO HARDSHIP MOBILE HOME RENT INCREASES. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 8.90 of the San Bernardino Municipal 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 seq. and Section 60 et seq. 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 DAB/ses/MobiHom2.ord May 16, 1991 1 3~ . " 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 / o o 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." / / / / / / DAB/ses/MobiHom2.ord May 16, 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 o o AN ORDINANCE...RELATING TO HARDSHIP MOBILE HOME RENT INCREASES. 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 , 1991, by the fOllowing vote, to wit: Council Members: AYES NAYS ABSTAIN ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER City Clerk The foregoing ordinance is hereby approved this day of , 1991. W. R. HOlcomb, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney By: J2A..'-~Y/? ~~ ) ./~ DAB/seS/MobiHom2.ord June 5, 1991 3