HomeMy WebLinkAbout41-Redevelopment Agency
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ORDINANCE
ORDINANCE OF THE CITY OF SAN BERNARDINO PROVIDING THAT
RENTS FOR MOBILE HOME SITES SHALL NOT EXCEED THOSE IN EFFECT ON
DECEMBER 1, 1988, AND TEMPORARILY PROHIBITING RENTAL INCREASES
THEREFOR, AND DECLARING THE URGENCY THEREOF.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1:
Purpose.
Pending further study of the
development and adoption of measures to address the problems
created by the present apparent mobile home site shortage, it is
necessary, on an interim basis, to prohibit rental increases on
mobile home sites within the City of San Bernardino.
SECTION 2.
Definition of Terms. Unless it is apparent
from the context that another meaning is intended, the following
words and terms when used herein shall have the meaning ascribed
to them by this Section.
A.
"Services":
Services connected with the use or
occupancy of a mobile home site including, but not limited to,
repairs, replacement, maintenance, painting, light, heat, water,
refuse removal, sewage removal, furnishings, telephone, parking
and any other benefits, privileges or facilities.
B.
"Site":
Any area or tract of land or portion of a
mobile home park designated or used for the occupancy of one
mobile home.
C.
"Mobile Home Park":
Any area or tract of land where
two or more mobile home sites are rented or leased or held out
for rent or lease to accommodate mobile homes used for human
habitation.
The rental paid for any such mobile home shall be
deemed to include rental for the site it occupies.
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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 un:Lt) er-tae--trefts~~-~-e- lease
ier-s~ea-e-~ft~-t7 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
and controlled by a majority of the residents;
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1 (2) mobile home sites which a government unit, agency
2 or authority owns, operates, or manages or which are specifically
3 exempted from municipal rent regulation by state or federal law
4 or administrative regulation;
5 (3) mobile home sites located in a mobile home park
6 completed or newly constructed after the effective date of this
7 ordinance.
8 H. "Tenant": A tenant, subtenant, lessee, sublessee or
9 any other person entitled to the use or occupancy of any mobile
10 home site rental unit.
11 I." Average Per Unit Rehabilitation Cost": The cost of
12 rehabilitation to the mobile home park, or any portion thereof,
13 sufficient to bring the mobile home park into compliance with all
14 applicable City ordinances, divided by the total number of mobile
15 home sites in the mobile home park. The costs of rehabilitation,
16 including, but not lilrlted to, interest costs on loans for the
17 purose of rehabilitation, shall have been paid or incurred by the
18 mobile home park operator six (6) months prior to or during the
19 moratorium period or any extension thereof, for rehabilitation
20 work done s:lx (6) months pr:lor to or during the moratorium
21 period or extension thereof.
22 J. "Average Per Unit Capital Improvement Cost": The cost
23 of a capital improvement, divided by the number of mobile home
24 sites in the mobile home park. A" Capi tal Improvement Cost"
25 shall be the costs for improvements to the mobile home park or
26 any building or structure located within the mobile home park,
27 which improvements have a useful life of five years or more, and
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1 which costs have been paid or incurred by the mobile home
2 operator during the moratorium period or any extension thereof
3 for the capital improvement work done during the moratorium
4 period of extension thereof. This term shall not include
5 expenditures for the purchase of land, an exis~ing building, or
6 any interest in an existing building for the purpose of
7 increasing the number of mobile home sites in the mobile home
8 park; nor does it include expenditures necessary to keep or
9 maintain that level of services provided to the mobile home site
10 rental unit at its applicable rollback date.
11 SECTION 3. Rental Increase Moratorium.
12 A. Beginning on the effective date of this ordinance, and
13 continuing for one hundred and twenty (120) calendar days
14 thereafter, or until such time as the Mayor and Common council
15 establish a procedure for the adjustment and/or regulation of
16 rents, whichever occurs first, rents shall be at the levels and
17 shall not otherwise be increased except as provided in
18 subparagraph B below.
19 B. During the moratorium period, the maximum rent for a
20 mobile home site rentar unit in the City of San Bernardino shall
21 be the following:
22 (1) For a mobile home site rental unit which is
23 rented as of the effective date of this ordinance, and continues
24 to be rented thereafter to one or more of the tenants occupying
25 such rental on the effective date of this ordinance:
26 The rent shall not exceed that in effect on
27 December 1, 1988. If a tenant has occupied a mobile
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home site rental unit subsequent to December 1, 1988,
and between December 2, 1988 and the effective date
of this ordinance, the rent shall not exceed that in
effect on the date of said occupation. The level of
services provide2 to the rental unit on December 1,
1988, shall not be reduced during the moratorium
period. The level of services provided to the rental
unit on the date of occupation of said unit by a
tenant who commenced occupation of said unit
subsequent to December 1, 1988, and between December
2, 1988, and the effective date of thJ.s ordinance,
shall not be reduced during the .oratoriua 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
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1 vacated on or after the effect~ve date of th~s ord~nance, and
2 pr~or to the end of the morator~um per~od:
3 If the vacancy was voluntary (~.e., not the
4 result of aft an unlawful eviction, other than for
5 just cause), whe~he~-fer-1~s~-ee~se ~~~-~
6 ef-~~-ftem~~p~-~pLe-ref~s8i-~~ew-8
7 perie~ie-~~~-~ease-8greemeftti, then the rent
8 may be increased to the market rate upon the re-
9 rental of the mobile home site rental unit. So long
10 as such unit continues to be rented to one or more of
11 the tenants first occupying the mobile home s~te
12 rental unit at the time of such re-rental, such rent
13 shall not exceed that ~n effect on the date the
14 rental unit ~s f~rst re-rented, nor shall the level
15 of serv~ces prov~ded on that re-rental date be
16 reduced during the moratorium per~od.
17 (4) For mobile home site rental units vacated other than
18 voluntar~ly after the effect~ve date of th~s ord~nance:
19 The rent for such mobile home s~te rental un~t
20 shall not thereafter exceed the rent in effect
21 ~mmed~ately prior to such involuntary vacat~on,
22 unless the unit is subsequently voluntarily vacated.
23 The level of services provided prior to such
24 ~nvoluntary vacat~on shall not be reduced dur~ng the
25 moratorium period.
26 (5) For a mobile home site rental unit which has been
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1 found to be in violation of any then existing City ordinance:
2 The rent shall not exceed that amount dictated
3 by the above subparagraphs (1) through (4),
4 inclusively, plus the average per unit rehabilitation
5 cost amortized over not less than a thirty-six month
6 period, which costs have been incurred by the 'mobile
7 home park operator during the moratorium period for
8 rehabilitation work done during the moratorium period
9 for the sole purpose of bringing the subject
10 property into compliance with City ordinances.
11 (6) For a mobile home site rental unit with respect
12 to which capital improvement costs are incurred:
13 The rent shall not exceed the amount dictated by
14 the above subparagraphs (1) through (5), inclusive,
15 plus the average per unit capital improvement cost
16 amortized over a sixty-month period.
17 C. Subparagraph (5) and subparagraph (6) of Paragraph B
18 above shall not be applicable to any mobile home park unless the
19 mobile home park operator of such mobile home park has provided
20 the Community Development Department with written proof
21 satisfactory to that department that the cost of rehabilitation
22 work or capital improvement work was incurred during the
23 moratorium period and that the rehabilitation or capital
24 improvement work was completed during the moratorium period.
25 D. The Mobile Home Moratorium Review Committee Meej,~e-Hellle
26 Park-.,1l,d--Hee-.c-otlllll-:k-~i;ee is hereby established and authorized to
27 hear and decide the appeal of any action taken by any official of
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1 the City of San Bernardino pursuant to the authority of this
2 ordinance or any part thereof except the commencement of criminal
3 prosecution and to hear appeals related to the interpretation of
4 any provision hereof, ezcept any cria:Lnal provision. Aft-Sillies:!:
5 ef-1Sfly--deeis4.en--o-z,-tft...-Moei-%e- HolBa -lIarlt-Ad-He:lo-~tea -IIIit!'
6 -ehereaf-eer - be- _d... -t... "the- -Mayor- -itOd- ~ -GouIlo-i-~ -fft -aeeerdal'lee
7 wi-t~--eft...~re~~~~fts-~-eftap-t~-~~64-~-~fte-~-Be~~
8 Mttfti-ei-lIa%-€ede... All decisiona of the C.ommittee are final. The
9 Mobile Home Moratium Review ~~it1:ee shall be comprised of five
10 (5) aeabers who shall be appointed by the Mayor and Co_on
11 Council. All administrative costs of said C.ommi ttee shall be
12 paid in a manner to be established by resolution of the Mayor and
13 Common Council. Said Committee shall be fiscally self-
14 sustaining.
15 SECTION 4. Violation of Ordinance.
16 (A) It shall be unlawful for any mobile home park operator
17 to demand, accept, receive or retain any payment of rent in
18 excess of the maximum lawful rents set forth in this ordinance.
19 Any person violating any of the provisions, or failing to comply
20 with any of the requirements of this ordinance, shall be guilty
21 of a misdemeanor. Any person convicted of a misdemeanor under
22 the provisions of this ordinance shall be punishable by a fine of
23 not more than Five Hundred (S500.00) Dollars or by imprisonment
24 in the County Jail for a period of not more than six months, or
25 by both. Each violation of any provision of this ordinance, and
26 each day during which any such violation is committed. permitted,
27 or continued, shall constitute a separate offense.
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1 (8) The Community Development Department is hereby
2 authorized to commence actions for violations of the provisions
3 of this ordinance through the filing of long form complaints with
4 the office of the City Attorney.
5 SECTION 5. Refusal of a Tenant to Pay Rent Increase. A
6 tenant may refuse to pay any increase in rent ~hich is in
7 violation of this ordinance and such violation shall be a defense
8 in any action brought to recover possession of a mobile home site
9 rental unit or to collect the illegally charged rent increase.
10 SECTION 6. Severability. If any provision or clause of
11 this ordinance or the application thereof to any person or
12 circumstance is held to be unconstitutional or to be otherwise
13 invalid by any court of competent jurisdiction, such invalidity
14 shall not affect other ordinance provisions or clauses or
15 applications thereof which can be implemented without the invalid
16 provision or clause or application, and to this end the
17 provisions and clauses of this ordinance are declared to be
18 severable.
19 SECTION 7. Urgency. This ordinance is an urgency measure
20 necessary for the immediate preservation of the public peace,
21 health or safety and shall go into effect immediately upon its
22 adoption and approval. The facts constituting such urgency are:
23 A. In recent months there has been an
24 increasing concern on the part of the public
25 officials and residents of the City of San Bernardino
26 regarding rent increases in mobile home sites in
27 this City.
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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
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.
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1 I HEREBY CERTIFY that the foregoing ordinance was duly
2 adopted by the Mayor and Common Council of the City of San
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Bernardino, at a
meeting held on the
, 19__, by the following vote, to wit:
day
of
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AYES:
Council Members
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NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day of
, 19__
W. R. HOLCOMB, Mayor
14 Ci ty of San Bernardino
15 Approved as to form
and legal content:
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JAMES F. PENMAN, City Attorney
BY:
JFW:ss
August 21, 1989
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ORDINANCE
ORDINANCE OF THE CITY OF SAN BERNARDINO PROVIDING THAT
RENTS POR MOBILE HOME SITES SHALL NOT EXCEED THOSE IN EFFECT ON
THE EFFECTIVE DATE OF THIS ORDINANCE , AND TEMPORARILY
PROHIBITING RENTAL INCREASES THEREFOR, AND DECLARING THE URGENCY
THEREOF.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1:
Pending further study of the
Purpose.
development and adoption of measures to address the problems
created by the present apparent mobile home site shortage, it is
necessary, on an interim basis, to prohibit rental increases on
mobile home sites within the City of San Bernardino.
SECTION 2.
Definition of Terms. Unless it is apparent
from the context that another meaning is intended, the following
words and terms when used herein shall have the meaning ascribed
to them by this Section.
A.
"Services":
Services connected with the use or
occupancy of a mobile home site including, but not limited to,
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repairs, replacement, maintenance, painting, light, heat, water,
refuse removal, sewage removal, furnishings, telephone, parking
and any other benefits, privileges or facilities.
B. "Site": Any area or tract of land or portion of a
mobile home park designated or used for the occupancy of one
mobile home.
C.
"Mobile Home Park":
Any area or tract of land where
two or more mobile home sites are rented or leased or held out
for rent or lease to accommodate mobile homes used for human
habitation.
The rental paid for any such mobile home shall be
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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,
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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 1e_e for such a unit) e3!'-the-'tfll_<f~--ot:-.... lease
fe3!'-s~eh-a-~ft~t, 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
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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. "Tenant": A tenant, subtenant, lessee, sublessee or
any other person entitled to the use or occupancy of any mobile
home site rental unit.
1.
"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 U.lI1ted to, in1:eres1: cos1:s on loans for the
purpose of rehabili1:ation, 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 siz (6) .unths 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,
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wh~ch ~mprovements have a usefu1 1~fe of f~ve years or more, and
wh~ch costs have been pa~d or ~ncurred by the mob~1e home
operator dur~ng the mor.tor~um per~od or any extens~on thereof
for the cap~ta1 improvement work done during the morator~um
period of extension thereof. This term sha11 not ~nc1ude
expenditures for the purchase of land, an existing building, or
any ~nterest in an ex~st~ng bui1d~ng for the purpose of
increas~ng the number of mobi1e home sites in the mob~1e home
park: nor does ~t inc1ude expend~tures necessary to keep or
ma~nta~n that 1eve1 of serv~ces prov~ded to the mob~1e home s~te
renta1 un~t at ~ts app1~cab1e ro11back date.
SECTION 3. Rental Increase Morator~um.
A. Beginning on the effective date of this ord~nance, and
cont~nu~ng for one hundred and twenty (120) ca1endar days
thereafter, or unt~1 such t~me as the Mayor and Common Counc~l
estab1~sh a procedure for the adjustment and/or regulat~on of
rents, wh~chever occurs f~rst, rents sha11 be at the levels and
shal1 not otherwise be increased except as provided in
subparagraph B be1ow.
B. Dur~ng the morator~um per~od, the max~mum rent for a
mob~1e home s~te rental un~t ~n the c~ty of San Bernard~no shall
be the fo11ow~ng:
(1) For a mob~1e home s~te renta1 un~t wh~ch is
rented as of the effective date of this ord~nance, and continues
to be rented thereafter to one or more of the tenants occupying
such rental on the effective date of th~s ord~nance:
The rent shall not exceed that ~n effect on the
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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 un1awful eviction, other than for just
cause) , wheotft~-4!or--~-ealil!le-~~ise ,--c-P-ef
lIIee-i-i-e--ft'Otlte'-l' ar*- &p e ~ a1le~.1e-~Elil!la-i--'bo- - ~eI'l8W---a
pe~iedie-~~-~aae-a,~eellleftot~. then the rent
may be increased to the market rate upon the re-
rental of the mobile home site rental unit. So long
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as such unit continues to be rented to one or more of
the tenants first occupying the mobile home site
rental unit at the time of such re-rental, such rent
shall not exceed that in effect on the date the
rental unit is first re-rented, nor shall the level
of services provided on that re-rental date be
reduced during the moratorium period.
(4) For mobile home site rental units vacated other than
voluntarily after the effective date of this ordinance:
The rent for such mobile home site rental unit
shall not thereafter exceed the rent in effect
immediately prior to such involuntary vacation,
unless the unit is subsequently voluntarily vacated.
The level of services provided prior to such
involuntary vacation shall not be reduced during the
moratorium period.
(5) For a mobile home site rental unit which has been
found to be in violation of any then existing City ordinance:
The rent shall not exceed that amount dictated
by the above subparagraphs (1) through (4),
inclusively, plus the average per unit rehabilitation
cost amortized over not less than a thirty-six month
period, which costs have been incurred by the mobile
home park operator during the moratorium period for
rehabilitation work done during the moratorium period
for the sole purpose of bringing the subject
property into compliance with City ordinances.
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1 ( 6) For a mobile home site rental. unit with respect
2 to which capital. improvement costs are incurred:
3 The rent shal.l. not exceed the amount dictated by
4 the above subparagraphs (1) through (5), incl.usive,
5 plus the average per unit capital improvement cost
6 amortized over a Sixty-month period.
7 C. Subparagraph (5) and subparagraph (6) of Paragraph B
8 above shall not be appl.icabl.e to any mobil.e home park unless the
9 mobil.e home park operator of such mobil.e home park has provided
10 the Community Devel.opment Department with written proof
11 satisfactory to that department that the cost of rehabUitation
12 work or capital. improvement work was incurred during the
13 moratorium period and that the rehabil.itation or capital.
14 improvement work was completed during the moratorium period.
15 D. The Mobil.e IIcae Moratoriua Review ("~ittee Mee:He-HeI!Ie
16 PalL'k-oItd--Hee--E:loRItft.>>1tee is hereby estabU.sbed and authorized to
17 hear and decide the appeal. of any action taken by any official. of
18 the City of San Bernardino pursuant to the authority of this
19 ordinance or any part thereof except the commencement of criminal.
20 prosecution and to hear appeal.s rel.ated to the interpretation of
21 any provision hereof, except any cr~inal. provisions. Aft-appeal
22 eE - eny--dee i .4.en- ~f. - 4!~-Moei-l:e- Home- -parlt - A4- -Ikle- -C~t:ee -1IIay
23 1thereaE1ler-ee-_ee--t~-the--Meyor--end--GorMtlon-~i-~-:l:ft-_Ma_
24 wi-t~-1the-~re~~~~fts-~-ehap-t~-~r64-~-~he-~-Be~~
25 M1:tfti-ei-pal:-€e4eT AU. decisions by said Q: it1:ee shall be final..
26 The Mobile Home Moratorium Review ("OMMittee shall be comprised of
27 five (5) lllelllbers who shall be appointed by the Mayor and COllllllOn
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Counc:I.l.. All adll1.n1.strat1.ve COB1:II of sa1.4 C'.~ "1:1:_ sbal.l be
pa1.4 1.n . lADDer 1:0 be est.bUshed by r8SOlut1.on by 1:he Mayor and
Co..on Counc1.l. S.1.4 Co..1.ttee shall be f1.scally self-
sus1:a1.nJ.ng .
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 fin. of
not more than Five Hundred ($500.00) Dollars or by impriso~nt
in the County Jail for a period of not more than six month8, 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.
(8) 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.
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1 SECTION 6. Severability. If any provision or clause of
2 this ordinance or the application thereof to any person or
3 circuaatance is held to be unconstitutional or to be otherwise
4 invalid by any court of competent jurisdiction, such invalidity
5 shall not affect other ordinance provisions or clauses or
6 applications thereof which can be implemented without the invalid
7 provision or clause or application, and to this end the
8 provisions and clauses of this ordinance are declared to be
9 severable.
10 SECTION 7. UrgencY. This ordinance is an urgency _asure
11 necessary for the immediate preservation of the publiC peace,
12 health or safety and shall go into effect immediately upon its
13 adoption and approval. The facts constituting such urgency are:
14 A. In recent months there has been an
15 increasing concern on the part of the publiC
16 officials and residents of the City of San Bernardino
17 regarding rent increases in mobile home sites in
18 this City.
19 B. There is a growing shortage of decent,
20 safe, sanitary mobile home sites resulting in a
21 critically low vacancy rate, rising rents, and
22 stringent conditions of site occupancies exploiting
23 this shortage: that this condition is having a
24 detrimental effect on the lives of a substantial
25 number of the San Bernardino residents who reside in
26 mobile homes and is endangering the health and
27 welfare of such residents, especially creating
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hardships on ..nior 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 unfa~r rent increases,
particularly relating to mobile homes, which may lead
to the displacement or a lower standard of l~v1ng, 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
17 consideration of the feasibility and desirability of
18 any further measures.
19 I HEREBY CERTIFY that the foregoing ordinance was duly
20 adopted by the Mayor and Common Council of the City of San
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Bernardino, at a
meeting held on the
day
of
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AYES:
Council Members
NAYS:
ABSENT:
JFW:ss
August 21, 1989
City Clerk
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The foregoing resolution is hereby approved this
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w. R. HOLCOMB, Mayor
4 Ci ty of San Bernardino
5 Approved as to form
and legal content:
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JAMES F. PENMAN, City Attorney
BY:
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JFW: ss
August 21, 1989
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