Loading...
HomeMy WebLinkAbout42-Redevelopment Agency 9 10 11 12 13 14 15 16 17 18 19 LI L o o 1 ORDINANCE 2 ORDINANCE OF THE CITY OF SAN BERNARDINO PROVIDING THAT RENTS FOR MOBILE HOME SITES SHALL NOT EXCEED THOSE IN EFFECT ON 3 DECEMBER 1, 1988, AND TEMPORARILY PROHIBITING RENTAL INCREASES THEREFOR. 4 5 6 7 8 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. 20 B. "Site": Any area or tract of land or portion of a 21 mobile home park designated or used for the occupancy of one 22 mobile home. 23 C. "Mobile Home Park": Any area or tract of land where 24 two or more mobile home sites are rented or leased or held out 25 for rent or lease to accommodate mobile homes used for human 26 habitation. The rental paid for any such mobile home shall be 27 deemed to include rental for the site it occupies. 28 1 L/~ .L &. o o 1 D. "Mobile Home Park Operator": An owner, lessor, 2 sublessor, including any persons, firm, corporation, partnership, 3 or other entity, entitled to receive rent for the use of any 4 mobile home site, or the agent, representative or successor of 5 any of the foregoing. 6 E. "Moratorium period": The period of time beginning on 7 the effective date of this ordinance and continuing for 120 8 calendar days thereafter, or until such time as the Mayor and 9 Common Council establish a procedure for the adjustment and/or 10 regulation of rents, whichever occurs first. 11 F. "Rent": The consideration, including any bonus, 12 benefits or gratuity demanded or received, for or in connection 13 wi th the use or occupancy of a mobile home site (but not the 14 transfer of a lease for such a unit) er-tfte-'t!f'efte~~-cf-.. lease 15. fer-s~eft-e-tift~'t7 including but not limited to monies demanded or 16 paid for parking, for furnishings, for services of any kind, for 17 subletting, or for security deposits for damage and/or for 18 cleaning. 19 G. "Mobile Home Site Rental Units": All mobile home sites 20 in the City of San Bernardino designed for rental use or actually 21 rented at any time on or after the effective date of this 22 ordinance, and all services, privileges, furnishings and 23 facilities supplied in connection with the use or occupancy 24 thereof, including garage and parking facilities. The term shall 25 not include: 26 (1) mobile home sites in nonprofit cooperatives owned 27 and controlled by a majority of the residents; 28 2 o o 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 incl.uding, but not U.a:1ted to, interest costs on l.oans for the 17 purpose of rehabil.itation, shall have been paid or incurred by 18 the mobile home park operator six (6) months prior to or during 19 the moratorium period or any extension thereof, for 20 rehabilitation work done six (6) months prior to or during the 21 moratorium 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 "Capital 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 28 3 - - o o 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 existing 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 rental 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 28 4 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 home s~te rental unit subsequent to December I, 1988, and between December 2, 1988, and the effect~ve date of th1.s ordinance, the rent shall not exceed that ~n effect on the date of sud occupat~on. The level of services provided to the rental unit on December I, 1988, shall not be reduced during the moratorium per~od. The level of serv~ces prov~ded to the rental un~t on the date of occupat~on of sa~d unit by a tenant who commenced occupat~on of sa~d un~t subsequent to December I, 1988, and between December 2, 1988, and the effect~ve date of th1.s ordinance, shall not be reduced during the IIOrator~ua per~od. 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 continued 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 5 o o 1 vacated on or after the effective date of this ordinance, and 2 prior to the end of the moratorium period: 3 If the vacancy was voluntary (i.e., not the 4 result of aft an unlawful eviction, other than for 5 just cause), whe~her-ier-~~s~-~e~sa ~~~-~ 6 ei-~~-he~~r~-~L&-rei~sei-~~~-a 7 periedie-~~-~a&e-egree.eftti7 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 site 12 rental unit at the time of such re-rental, such rent 13 shall not exceed that in effect on the date the 14 rental unit is first re-rented, nor shall the level 15 of services provided on that re-rental date be 16 reduced during the moratorium period. 17 (4) For mobile home site rental units vacated other than 18 voluntarily after the effective date of this ordinance: 19 The rent for such mobile home site rental unit 20 shall not thereafter exceed the rent in effect 21 immediately prior to such involuntary vacation, 22 unless the unit is subsequently vOluntarily vacated. 23 The level of services provided prior to such 24 involuntary vacation shall not be reduced during the 25 moratorium period. 26 (5) For a mobile home site rental unit which has been 27 found to be in violation of any then existing City ordinance: 28 6 o o 1 The rent shall not exceed that amount dictated 2 by the above subparagraphs (1) through (4), 3 inclusively, plus the average per unit rehabilitation 4 cost amortized over not less than a thirty-six month 5 period, which costs have been incurred by the mobile 6 home park operator during the moratorium period for 7 rehabilitation work done during the moratorium period 8 for the sole purpose of bringing the subject 9 property into compliance with City ordinances. 10 ( 6 ) For a mobile home site rental unit with respect 11 to which capital improvement costs are incurred: 12 The rent shall not exceed the amount dictated by 13 the above subparagraphs (1) through (5), inclusive, 14 plus the average per unit capital improvement cost 15 amortized over a sixty-month period. 16 C. Subparagraph (5) and subparagraph (6) of Paragraph B 17 above shall not be applicable to any mobile home park unless the 18 mobile home park operator of such mobile home park has provided 19 the Community Development Department with written proof 20 satisfactory to that department that the cost of rehabilitation 21 work or capi tal improvement work was incurred during the 22 moratorium period and that the rehabilitation or capital 23 improvement work was completed during the moratorium period. 24 D. The Mobile Home Moratorium Review Committee Mee~%e-Heme 25 Park-~-Hee-~~~~~ee is hereby established and authorized to 26 hear and decide the appeal of any action taken by any official of 27 the City of San Bernardino pursuant to the authority of this 28 7 o o 1 ordinance or any part thereof except the commencement of criminal 2 prosecution and to hear appeals related to the interpretation of 3 any provision hereof. 1rft-eppee2-~-eny--tiee:kltJ:eft-ef-~~~ 4 Hellle-~-.1'td--Hee -€ellllllittee-1Iley-~'\ereaft_ -ee-IIle.l!e-"Il&-~-Mayel' . 5 aMi - €elllllleft- -E:~-i- ~ -aeeePdaftee -wi th- ~ -provisions- -o-f. -Elhap'llel' 6 "r~"-ef-the-6eft-Beftl~ei_Muni-m.'Pti-~ A11 decisions of the 7 Committee are final. The Mobile ao.e Moratoriua Revi_ CoIIIIIIittee 8 shan be cc.prised of five (5) .~~_ who shaH be appointed by 9 the Mayor and (",~ on Council. All adainistrative costs of said 10 Commitee shall be paid in a manner to be established by 11 resolution of the Mayor and ~n COuncil. Said Cnmmittee shall 12 be fiscally self-sustaining. 13 SECTION 4. Violation of Ordinance. 14 (A) It shall be unlawful for any mobile home park operator 15 to demand, accept, receive or retain may payment of rent in 16 excess of the maximum lawful rents set forth in this ordinance. 17 Any person violating any of the provisions, or failing to comply 18 with any of the requirements of this ordinance, shall be guilty 19 of a misdemeanor. Any person convicted of a misdemeanor under 20 the provisions of this ordinance shall be punishable by a fine of 21 not more than Five Hundred ($500.00) Dollars or by imprisonment 22 in the County Jail for a period of not more than six months, or 23 by both. Each violation of any provision of this ordinance, and 24 each day during which any such violation is committed, permitted, 25 or continued, shall constitute a separate offense. 26 (B) The Community Development Department is hereby 27 authorized to commence actions for violations of the provisions 28 8 o o 1 of this ordinance through the filing of long form complaints with 2 the office of the City Attorney. 3 SECTION 5. Refusal of a Tenant to Pay Rent Increase. A 4 tenant may refuse to pay any increase in rent which is in 5 violation of this ordinance and such violation shall be a defense 6 in any action brought to recover possession of a mobile home site 7 rental unit or to collect the illegally charged rent increase. 8 SECTION 6. Severability. If any provision or clause of 10 circumstance is held to be unconstitutional or to be otherwise 9 this ordinance or the application thereof to any person or 11 invalid by any court of competent jurisdiction, such invalidity 12 shall not affect other ordinance provisions or clauses or 13 applications thereof which can be implemented without the invalid 14 provision or clause or application, and to this end the 15 provisions and clauses of this ordinance are declared to be 16 severable. 17 I HEREBY CERTIFY that the foregoing ordinance was duly 18 adopted by the Mayor and Common Council of the City of San 19 20 21 22 23 24 25 27 28 Bernardino, at a meeting held on the day of , 19__, by the following vote, to wit: AYES: Council Members NAYS: ABSENT: City Clerk 26 / / / / / / JFW:ss August 21, 1989 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o 1 2 3 , 19_ The foregoing resolution is hereby approved this day of W. R. HOLCOMB, Mayor 4 City of San Bernardino 5 Approved as to form and legal content: 6 7 8 9 JAMES F. PENMAN, City Attorney BY: JFW:ss August 21, 1989 10 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o 1 ORDINANCE 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. 4 5 6 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1: Purpose. Pending further study of the 7 8 9 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. 1 1.-t~ o o 1 D. "Mobile Home Park Operator": An owner, lessor, 2 sublessor, including any persons, firm, corporation, partnership, 3 or other entity, entitled to receive rent for the use of any 4 mobile home site, or the agent, representative or successor of 5 any of the foregoing. 6 E. "Moratorium Period": The period of time beginning on 7 the effective date of this ordinance and continuing for 120 8 calendar days thereafter, or until such time as the Mayor and 9 Common Council establish a procedure for the adjustment and/or 10 regulation of rents, whichever occurs first. 11 F. "Rent": The consideration, including any bonus, 12 benefits or gratuity demanded or received, for or in connection 13 with the use or occupancy of a mobile home site (001: 1101: 1:he 14 1:ransfer of a lease for such a uni1:) ep-~he-<t~eftsf~-'Cf-.. lease 15 fep-s~eft-e-tift~~, including bu1: not limited to monies demanded or 16 paid for parking, for furnishings, for services of any kind, for 17 subletting, or for security deposits for damage and/or for 18 cleaning. 19 G. "Mobile Home Site Rental Units": All mobile home sites 20 in the City of San Bernardino designed for rental use or actually 21 rented at any time on or after the effective date of this 22 ordinance, and all services, privileges, furnishings and 23 facilities supplied in connection with the use or occupancy 24 thereof, including garage and parking facilities. The term shall 25 not include: 26 (1) mobile home sites in nonprofit cooperatives owned 27 and controlled by a majority of the residents; 28 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 -11 _ o o (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 rehabili tation 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, bu1: not l:1a11:ed 1:0, in1:eres1: cos1:s on loans for the purpose of rehabili1:a1:ion, shall have been paid or incurred by the mobile home park operator six (6) months prior 1:0 or during the moratorium period or any extension thereof, for rehabilitation work done siz (6) .onths prior 1:0 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, which improvements have a useful life of five years or more, and 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 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 ~e 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 effective date of this ordinance. The level of 4 . 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 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 aft an unlawful eviction, other than for just cause), wfte-efteP-fer-jtis<t-~~~~'wi:9e;-~ ef-~~-ftem~~p~-~L8-ref~s8i-~~-e per!ed!e-k~~-~ea&e-8~reemeftt77 then the rent may be increased to the market rate upon the re- rental of the mobile home site rental unit. So long as such unit continues to be rented to one or more of 5 . . o o 1 the tenants first occupying the mobile home site 2 rental unit at the time of such re-rental, such rent 3 shall not exceed that in effect on the date the 4 rental unit is first re-rented, nor shall the level 5 of services provided on that re-rental date be 6 reduced during the moratorium period. 7 ( 4 ) For mobile home site rental units vacated other than 8 voluntarily after the effective date of this ordinance: 9 The rent for such mobile home site rental unit 10 shall not thereafter exceed the rent in effect 11 immediately prior to such involuntary vacation, 12 unless the unit is subsequently voluntarily vacated. 13 The level of services provided prior to such 14 inVOluntary vacation shall not be reduced during the 15 moratorium period. 16 (5) For a mobile home site rental unit which has been 17 found to be in violation of any then existing City ordinance: 18 The rent shall not exceed that amount dictated 19 by the above subparagraphs (1) through (4), 20 inClusively, plus the average per unit rehabilitation 21 cost amortized over not less than a thirty-six month 22 period, which costs have been incurred by the mobile 23 home park operator during the moratorium period for 24 rehabilitation work done during the moratorium period 25 for the sole purpose of bringing the subj ect 26 property into compliance with City ordinances. 27 28 6 .. . o o 1 (6) For a mobile home site rental unit with respect to 2 which capital improvement costs are incurred: 3 The rent shall not exceed the amount dictated by 4 the above subparagraphs (1) through (5), inclusive, 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 applicable to any mobile home park unless the 9 mobile home park operator of such mobile home park has provided 10 the Community Development Department with written proof 11 satisfactory to that department that the cost of rehabilitation 12 work or capital improvement work was incurred during the 13 moratorium period and that the rehabilitation or capital 14 improvement work was completed during the moratorium period. 15 D. The Mobile Home Moratorium Review Committee Meek~-Hellle 16 Park-~-Hee-~~~~-eee is hereby established 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 appeals related to the interpretation of 21 any provision hereof, except any criminal provision. Aft-appea~ 22 ef- 'fI:fty-~ee i s~en- -o-!- -tfl~ -MOOH,e-1fome. -pap~ -Ad- -Ho&-GoninI-:H!1:ee -llIay 23 -efterea!--eep - ee- _6e- <t&- k-he- ~ -end- ~-oIIII'IIOfr ~~H,. -:I:ft -aeeepE!aftee 24 wi<t~--efte-~peY~~~ft8-~-eftap<t~-~~64-~-tfte-~-Be~~ 25 M~ftke~pa~-€ede~ All decisions by said COmmittee shall be final. 26 The Mobile Home Moratorium Review Committee shall be comprised of 27 five (5) members who shall be appointed by the Mayor and Common 28 7 ~ , o o 1 Council. All administrative costs of said C..,......itt_ shall be 2 paid in a aanner to be established by resolution by the Mayor ane 3 COllllon Council. Said Co..i ttee shall be fiscally self- 4 sustaining. 5 SECTION 4. Violation of Ordinance. 6 (A) It shall be unlawful for any mobile home park operator 7 to demand, accept, receive or retain may payment of rent in 8 excess of the maximum lawful rents set forth in this ordinance. 9 Any person violating any of the provisions, or failing to comply 10 with any of the requirements of this ordinance, shall be guilty 11 of a misdemeanor. Any person convicted of a misdemeanor under 12 the provisions of this ordinance shall be punishable by a fine of 13 not more than Five Hundred ($500.00) Dollars or by imprisonment 14 in the County Jail for a period of not more than six months, or 15 by both. Each violation of any provision of this ordinance, and 16 each day during which any such violation is committed, permitted, 17 or continued, shall constitute a separate offense. 18 (B) The Community Development Department is hereby 19 authorized to commence actions for violations of the provisions 20 of this ordinance through the filing of long form complaints with 21 the office of the City Attorney. 22 SECTION 5. Refusal of a Tenant to Pay Rent Increase. A 23 tenant may refuse to pay any increase in rent which is in 24 violation of this ordinance and such violation shall be a defense 25 in any action brought to recover possession of a mobile home site 26 rental unit or to collect the illegally charged rent increase. 27 SECTION 6. Severability. If any provision or clause of 28 8 , , 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 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. 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 , 19__, by the following vote, to wit: day of AYES: Council Members NAYS: ABSENT: City Clerk The foregoing resolution is hereby approved this day of , 19 W. R. HOLCOMB, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney BY: JFW:ss August 21, 1989 9 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 ~ ~ ....-/ ORDINANCE ORDINANCE OF THE CITY OF SAN BERNARDINO PROVIDING THAT RENTS FOR MOBILE HOME SITES SHALL NOT EXCEED THOSE IN EFFECT ON THE EFFECTIVE DATE OF THIS ORDINANCE, AND TEMPORARILY PROHIBITING RENTAL INCREASES THEREFOR. 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. 1 1.-t~ 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 " ....... J D. "Mobile Home Park Operator": An owner, llC,ssor, sublessor, including any persons, firm, corporation, partner~nip, 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 wi th the use or occupancy of a mobile home site (but not the transfer of a lease for such a unit) ep-ttl.e-<t~eMf~'Cf-.. leBse fep-s~eft-e-~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 and controlled by a majority of the residents; 2 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 ,r ........, :) (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 l:1a1ted 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 Biz (6) .onths 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, which improvements have a useful life of five years or more, and 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 '-..~ ,J which costs have been p,aid or incurred by the mobile home operator during the moratorium period or any extension thereof for the capital improvement work done during the morator'ium 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 ~e 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 effective date of this ordinance. The level of 4 , 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 Uh " '_..-- , '-~ 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 aft an unlawful eviction, other than for just cause), wfte-efteP-fer-jtis<t-~~~~-se;-~ ef-~~-ftem~~p~-~pL8-ref~s8i-~~-8 periedie-~~-~ea&e-e~reemeftt77 then the rent may be increased to the market rate upon the re- rental of the mobile home site rental unit. So long as such unit continues to be rented to one or more of 5 ," 1 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 t:L ,,"' i..- ." -.. -....1 the tenants first occupying the mobile home e~te 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 subj ect property into compliance with City ordinances. 6 . . , 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 (' V '\ -..J (6) For a mobile home site rental unit with l~spect 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 Cr-ittee Meek~-HeIlIe Park-~-Hee-~~~~-eee is hereby established 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 criminal provision. Aft-appea~ ef--e:ny- ~ee is~en- -o-!- - ti'l~ -Mo-b~ re-1fome.-pap~ -Ad- -Ho& -GoninI-:H!tee -llIay -eftereaf-esp - ee- _6e- <t&- k-he- ~ -end-~"CIIlIIIOn- ~~H,. -:I:ft -aeeepE!aftee wi<t~--efte-~pey~~~fte-~-eftep<t~-~~64-~-tfte-~-Be~~ M~ftke~pa~-€ede~ All decisions by said CoaBittee shall be final. The Mobile Home MoratoriUII Review COmmittee shall be comprised of five (5) members who shall be appointed by the Mayor and Common 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 c '~ J I I \ Council. All ada:1nistrative costs of said Co i tt_ shaJ,l be paid in a aanner to be establ:1shed by resolut:1on by the Mayor ane 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 may 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 orpinance 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. SECTION 6. Severability. If any provision or clause of 8 . l . ., 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 l.l h /'" V , ",.~ th~s 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. I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino, at a of meeting held on the , 19__, by the fOllowing vote, to wit: Council Members day AYES: NAYS: ABSENT: City Clerk The foregoing resolution is hereby approved this day of , 19__ W. R. HOLCOMB, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney BY: JFW:ss August 21, 1989 9 ~t " , 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 () ~ ORDINANCE -ORDINANCE OF THE CITY OF SAN BBRNARDINO PROVIDING ~HAT .l~~~:' H= ~=~~~ ~:H:~~~G ~~~~AiN IB:g~S: . -I' ,'. -",~..:, THB MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SBCTION 1: Pending further study of the Purpose. development and adoption of .easures to address the problems created by the present apparent mobile home site shortage, it is necessary, on an interim basis, to prohibit rentltl increases on mobile home sites within the City of San Bernardirib. SECTION 2. Definition of Terms. Unle_ it is apparent from the context that another _aning is intended, the fclUOWing l' words and terms when used herein shall have tha meaning .scribed 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 IDObi~" 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. 1 42.. ~_2..I-b''i . 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 - ....J € D. "Mobile Home Park Operator": An owner, le..or, aublesllOr, including any persons, fira, corporation, par1:nership, Olt."8Il1:ity, entitled to receive rent for the use of any ~jIf:home s~te, or the agent, representative or successor of any of the foregoing. E. "MoratoriUII Period": The period of tille beginning on the effective date of this ordinance and continuing for 120 calendar days thereafter, or until such tille as the Mayor and ".-oI\On COuncil establish a procedure for the adjust_nt 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 .. '\ti with the use or occupancy of a mob!le home site (but Bot the transfer of a le_. for such a unit) ep-~-UUUlf~'Cf-'" laasa fep-.~eft-.-~<t7 including but not limited to aonie. deaanded 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 fac~~ti.s 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; 2 " 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 , (2) IIIObila hom. .it.. wtUch a govexnaent urUt, agency or .\I~i'ty oWn., operate., or aanage. or which are Specifically .~~ u 'J1J1~ frca municipal rent regulation by state or federal law r.."~ or a~.trative regulation; (3) mobile home site. located in a mobile home park completed or newly constructed after the effective date of this ordinance. H. "Tenant": A tenant, subtenant, le.s.., sublessee or any other person entitled to the use or occupancy of any IIIObile home site rental unit. 1. "Average Per unit Rehabilitation Cost-t The cost of , rehabilitation to the mobile hoIIIe pule. or any portion ~reof, sufficient to bring the IIIObile hoIIIepark into coapliance with all applicable Ci'ty ordinances, divided by the total number of IIIObile homa sites in the mobile home park. The costs of rehabilitation, includ1.ng, but not l:1a1'ted to, 1Dteres1: coats OIl loans for the purpose of rehabilitation, shall have been paid or incurred by the mobile home park operator siz (6) .onths prior to or during the moratorium period or any extension thereof, for rehabilitation work done siz (6) .onths 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, which improvements have a useful life of five years or more, and 3 " 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 o ,--, ......) 1 which costs have been paid or incurr.4 ~ ~h. iobile hoae oper~~r during the I8Oratoriua period or eny _ten.lon thereof .~~ for ~ capital improve.ent work done during the moratorium ~- perioit" of extension thereof. This tera shall not inClude expenditures for the purchase of land. an uisting building, or any interest in an existing bui14~ng for the purpose of increasing the number of I80bila ~ sit.. in the I80bile home o )~. " t park: nor does it include expenditur"nec~,.ary to keep or maintain that level of service. provided to the' I80bile heme site rental unit at its applicable rollback ~~. -.:~". SECTION 3. Rental Increase MDz~:~ . . ;:,:,:--,<;-:~,,,::~>,-,::"->'-'""':'--,( A. Beginning on the affeot;:l.~;~i[~~li~. ordinarr' and continuing for one hundred an4~~J.\")Calendr days thereafter, or until .uch time as ,~. ~r ___ C;~on Council "','" e.tablish a procedure for the adju.tl.jhJ~ and/or regulation of rents, whichever occurs first, rents "11 H at the levels and shall not otherwise be increased except as provided in subparagraph B below. B. During the I8Oratoriumperiod, the maximum rent for a 20 mobile home site rental unit in the City of San Bernardino shall 22 2l be the following: (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 28 December 1, 1988. If a tenant bas occupied a mobile 4 . . ~ 1 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o , Ix.e 81.te rental un1.t: 8Ubsequent to Dee-..... 1, 1988, and baW.an Dee_haY" 2, 1988, and the effect:1._ dat:e of 'tb1a OJ:'d1nsnce, the rent shal.l DOt: exceed t:bat in effect: an the dat:e of sa1.d occupat:1on. The level of services provided to the rental unit on December 1, 1988, shall not b. reduced during the moratorium period. '1'he level of serv:1ces prov:1ded 1;0 the rental un:1t on the date of occupat:1oD of sa:1d UD:1t b7 a tenant who commenced occupat::1oD of said UD:1t subsequent to Dee-ber 1, 1988, and beb881l Dec-~ 2, 1988, and the effecti_ dat:e of t:h:1a ordtn~., shall DOt: be ~Iced during the ....1;odua period. No notice to the tenant, whether given before or after the effective date of this ordinance, shall be J; $ 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 continued 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 5 . . , , 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 ; vacated on or after the effect:l.ve date of this ordinance, and prior to the end of the moratorium period: If the vacancy was VOluntary (i.e., not the reBul t of aft an unlawful eviction, other 1:ban for just cause), wM~l'-feJ!'-:il:lS<t-eMl.e ~~~-~ .f-tIIObi-~-h."""P'8'P~-epera1lln'Le-J!'efl:lsei-<to- !!fanav-a pe!!'i..ie-~~-~"'-81!!'e..eftt77 then the rent may be increased to the market rate upon the re- rental of the mobile home site rental unit. So long as such unit continues to be rented to one or more of the tenants first occupying the 1I0bile 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 tha 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: 6 o o The rent shaJ.l net exceed that lIIIOunt dictated by th. above subparagraphs (1) through (4), 1nclu.1v.ly, plus the average per un1t rehabilitation cotrt IIIIOrtized ov.r not l.s. 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. ( 6 ) For a mobile home site rental unit with r.spect to which capital improv....nt co.t. are incurred: The rent shall not exceed the amount dictated by the above subparagraphs (1) through (5), inclusive, plus the average per unit capital improvem.nt 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 unle.s 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 improv....nt work was completed during the moratorium period. D. The Mobile IImIe Moratorium Revi_ C--itt_ Melt~~-HeIlIe Pal'k-,lrdo-Hee-~~:l:-1t-eee is hereby establ.ished 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 7 ~ 1 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 l7 18 19 20 21 22 23 24 25 26 27 28 o o , ordinance or any part t:hereo~ except the c~nc~t: o~ crillinal pro.acut:1on and to haar appeals ralated to the interpratation of any provision her.of. M-e....i--of-~""'4iee;l,.:i:eft-~-~~le He.e-~~-Hee-ee..itt"-iINlY'"1I1.~..'ll.~ -.,.-....-~1he-~aye!' aftIt- €emaeft- ~-i- -in- -aeeeNltftee-wit!l.- -tIle-"pI!'O'\. Lsion.~-e!lep1le!' :ilrU-e'-t!l..-6_ B8nlH'.aifle--MuM.<<-pei-.(Jod8. A1l clec1.iOlUl of the C i tt_ are final. 'l'he Mobile a.e Nor.tori.. 1te91_ ('.0 i'ttee &hall be Oo.......ised o~ n". (5) ~.::. who shall be eppo1.Jrted by the Mayor and 0 .., COuncil. A1l .-flli81:raU". ooe1:8 o~ said Co..it.. shall b. paid in a .annar to ba a.t:abli.had by resolution of the Mayor and C llIl COunct 1. Said 0 f ttea 8ha1l be fisca1ly self-sustaining. *' '" SECTION 4. Violation of Ordinanc.. (A) It shall b. uniawful for any mobile hoIIIe park operator to d.mand, accept, rec.iva or r.tain may payment of rent in .xcess of the maximum lawful r.nt. set forth in this ordinance. Any person violating any of the provisions, or failing to comply with any of the requir....nts of this ordinance, shall be guilty of a misdemeanor. Any person convict.d of a misd_eanor under the provisions of this ordinanc. shall be punishable by a fin. of not more than Five Hundred ($500.00) Dollars or by imprisonment in tha County Jail for a period of not more than six months, or by both. Each violation of any provision of this ordinance, and .ach day during which any such violation is committed, permitted, or cont:inued, shall constitute a s.parate offense. (8) The Community Development Department is hereby authorized to commence actions for violations of the provisions 8 ,~ 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 C) ; o~ this ordinance throu~ the fil~ng of long form complaints with the o~fice of the City Attorney. SBCTION 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. SECTION 6. Severability. If any provision or clause of this ordinance or the application thereof to any person or circumstance is held to be unconati1;utional or to be otherwise invalid by any court of competent jurisdiction, 8Uch invalidity shall not affect other ordinance provisions or clau..s or applications thereof which can be iIIpl..ented without the invalid proviSion or clause or application, and to ~hi. end the provisions and clauses of this ordinance are declared to be severable. 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 day of , 19__, by the following vote, to wit: Council Members AYES: NAYS: ABSENT: City Clerk / / / / / / JFW:ss August 21, 1989 9 . , ... " .. o ,:) ... - 1 The foregoing resolution is hareby approved this 2 3 4 day of , 19 . W. R. HOLCOMB, Mayor City of San Bernardino 5 Approved as to form and legal content: it 'J" ~ ~ i;