HomeMy WebLinkAbout56- Ordinance adding Chapter 9.66 ORDINANCE NO.
1 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 9. 66
2 TO THE SPIN BERNARDINO MIINICIPAL CODE RELATING TO THE
ESTABLISHMENT
OF MOBILE H
3 REGULAEGIILA
CITY OF SAN
BERNARDINO.
4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
5 DO HEREBY ORDAIN AS FOLLOWS:
6 SECTION 1. Title 9 of the San Bernardino Municipal Code is
7 hereby amended by adding Chapter 9.66 relating to the
8 establishment of a Rent Review Commission and the regulation of
9 rents within mobile home parks in the City of San Bernardino, as
10
follows:
11 "Chapter 9. 66
12 Mobile Home Park Rent
13
9. 66.010 Purpose .
14 The Mayor and Common Council of the City of San Bernardino
15
find and declare it necessary to protect the owners and occupant
15 6 of mobile homes from unreasonable rent increases while at the
1
8 same time recognizing the need of the park owners to receive a
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just and reasonable return on their property and rental increase
sufficient to cover the net increased costs of repairs ,
20
21 maintenance , insurance , upkeep and additional amenities .
22 9. 66. 020 Definition of terms .
23 The following words and terms when used herein shall have
24 the meaning ascribed to them by this Section .
A. 'Base rent ' means the rent charged for any mobil
25 home dwelling unit space in effect for that space on January 25,
26
27 1988 .
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low
1 B. 'Commission ' means the Mobile Home Rent Review
2 Commission established by Section 9. 66. 050 of this chapter .
3 C. 'Consumer Price Index ' means the Consumer Price
4 Index for all urban consumers (CPI-U) published for the Los
5 Angeles-Anaheim-Riverside area.
6 D. 'Homeowner ' is a person who has a tenancy in a
7 mobile home park under a rental agreement .
8 E . 'Homeowners ' association ' (association) means and
9 includes a nonprofit association with membership open to all
10 homeowners , representing a majority of the occupied spaces , of a
11 particular mobile home park , with elected officers for a
12 specified period of time .
13 F . 'Members ' means Commissioners of the mobile home
14 Rent Review Commission .
15 G. 'Services ' means services connected with the use
16 or occupancy of a mobile home site including , but not limited to ,
17 repairs , replacement , maintenance , painting , light , heat , water ,
18 refuse removal , sewage removal , furnishings , telephone , parking
19 and any other direct benefits , privileges or facilities .
20 H. 'Site ' means any area or tract of land or portion
21 of a mobile home park designated or used for the occupancy of one
22 mobile home .
23 I . 'Mobile Home Park ' means any area or tract of
24 land where two or more mobile home sites are rented or leased or
25 held out for rent or lease to accommodate mobile homes used for
26 human habitation . The rental paid for any such mobile home shall
27 be deemed to include rental for the site it occupies .
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1 J. 'Mobile Home Park Operator ' means an owner ,
lessor , sublessor , including any persons , firm, corporation,
3 partnership, or other entity, entitled to receive rent for the
4 use of any mobile home site, or the agent , representative or
5 successor of any of the foregoing .
6 R. 'Rents ' means the consideration , including any
7 bonus , direct benefits or gratuity demanded or received , for or
8 in connection with the use or occupancy of a mobile home site or
9 the transfer of a lease for such a unit , including but not
10 limited to monies demanded or paid for parking , for furnishings ,
11 for services of any kind , for subletting , or for security
12 deposits for damage and/or for cleaning but , exclusive of any
13 amounts paid for the use of the mobile home dwelling unit . Also
14 excluded are costs for water , gas and electrical charges if the
15 dwelling unit has individual usage meters .
16 L. 'Mobile Home Site Rental Units ' means all mobile
17 home sites in the City of San Bernardino designed for rental use
18 or actually rented at any time on or after January 25, 1988, and
19 all services , privileges , furnishings and facilities supplied in
20 connection with the use or occupancy thereof , including garage
21 and parking facilities . The term shall not include:
22 (1) mobile home sites in nonprofit cooperatives
23 owned and controlled by a majority of the residents;
24 (2) mobile home sites which a government unit ,
25 agency or authority owns , operates , or manages .
26 (3) mobile home sites which are specifically
27 exempted from municipal rent regulation by state or federal law
28 or administrative regulation;
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(4) mobile home sites located in a mobile home park
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2 for which the original Certificate of Occupancy is granted after
the effective date of this ordinance .
3
M. 'Tenant ' means a tenant , subtenant , lessee ,
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sublessee or any other person entitled to the use or occupancy of
5
6 any mobile home site rental unit .
N. 'Average Per Unit Rehabilitation Cost ' means the
cost of rehabilitation to the mobile home park , or any portion
8
thereof , sufficient to bring the mobile home park into compliance
9
10 with all applicable City ordinances , amortized over thirty-six
months and , divided by the total number of mobile home sites in
11
12 the mobile home park . The costs of rehabilitation shall have
13 been paid or incurred by the mobile home park operator after
effective date of this ordinance for rehabilitation work done
14
after such effective date.
15
16 O. 'Average Per Unit Capital Improvement Costs '
17 means the cost of a capital improvement , amortized over sixty
18 months and , divided by the number of mobile home sites in the
19 mobile home park . A 'capital improvement cost ' shall be the
20 costs for improvements to the mobile home park , or any building
21 or structure located within the mobile home park , which
22 improvements have a useful life of five years or more , and which
23 costs have been paid or incurred by the mobile home operator
24 after effective date of this ordinance .
25 P. 'Rental agreement ' is an agreement between the
26 management and the homeowner establishing the terms and
27 conditions of a park tenancy. A lease is a rental agreement .
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1 Q. 'Tenancy ' is the right of a homeowner to the use j
2 of a site within a mobile home park on which to locate , maintain ,
3 and occupy a mobile home , site improvements , and accessory
4 structures for human habitation, including the use of the
5 services and facilities of the park .
6 R. 'Rent Increase ' means increase in rent in an
7 amount in excess of one hundred percent of the most recently
8 published year-to-year percentage change in the Los Angeles-
9 Anaheim-Riverside Consumer Price Index as of the most recent July
10 1•
11 S. 'Pass-Through ' means costs which provide a direct
12 benefit to the homeowner , as determined by the Commission.
13 9. 66. 030 Applicability.
14 A. The provisions of this chapter shall apply to any
15 mobile home park within the City.
16 B. None of the provisions of this chapter shall
17 prohibit any homeowner from entering into a written lease with a
18 mobile home park operator which, by its terms , provides for rent
19 increases other than would be allowed by this Ordinance.
20 9. 66. 040 Intra-Park Dispute Ordinance Process .
21 A. The primary level of communication between the
22 residents and the park owner shall exist at the park level , with
23 the legislative intent being that all problems , disputes ,
24 extraordinary rent increase considerations and pass-throughs
25 affecting an individual park shall be resolved at the park level .
26 B. Any association set forth in Section 9. 66. 020 (E)
27 shall only be recognized pursuant to this chapter by the delivery
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1 to the Community Development Department of the name of the
2 organization , a mailing address for such association , the names
3 and titles of the officers thereof , and the term of each. The
4 Community Development Department shall provide a copy of such
5 filing to the mobile home park operator for the affected park .
6 C. Intra-park dispute resolution is hereby made
7 mandatory on each association and mobile home park operator . The
8 association shall file with the Community Development Department
9 of the City a copy of the agreement between the association and
10 the mobile home park operator of the park represented by such
11 association . Such agreement shall be as to a procedure for the
12 resolution of disputes arising with respect to the operation of
13 such park . The agreement shall be signed by the owner of the
14 park and representative of the association . No specific form or
15 type of intra-park dispute resolution is required hereby. Where
16 the parties do not enter into an intra-park dispute resolution
17 Agreement , issues related to an increase in rent shall be decided
18 as hereinafter set forth at Section 9. 66. 070 . However , in
19 addition to the fee set forth at Section 9. 66. 080 (B) , the mobile
20 home park operator shall pay an additional ($1,000) one-thousand
21 dollars as an administrative expense of such hearing . Upon the
22 decision of the issue , if the mobile home park owner is awarded
23 100% of the requested rent increase , the owner shall also be
24 permitted a one time pass-through to recover the one thousand
25 dollar fee plus a five percent administrative fee . The fact that
26 there is no association shall be a defense to this section .
27
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1 D. All matters in dispute between the homeowner (s)
2 and the mobile home park operator shall be first submitted to the
3 intra-park dispute resolution process for resolution. With
4 respect to a matter directly related to an increase in rent, such
5 matter may, after a failure of resolution at the intra park
6 level, be brought before the Commission for resolution. No
7 matter which has not previously been adjudicated in the intra-
8 park dispute resolution process can be heard by the Commission.
9 9 . 66 . 050 Created-Members-Term.
10 A. There is created within the City a Mobile Home
11 Rent Review Commission (hereinafter 'Commission' ) consisting of
12 five regular members appointed by the Common Council to serve at
13 the Council ' s pleasure. No member of the Commission shall be an
14 employee of the City. All members of the Commission, both
15 regular and alternate shall be permanent residents of the City.
16 No member of the Commission shall be a homeowner or a mobile
17 home park operator any person who has a "financial interest" in
18 any matter within the jurisdiction of the Commission.
19 "Financial Interest" has that meaning ascribed to it in
20 California Government Code Section 87100 et seq.
21 B. Terms of office for the five members of the
22 Commission are for a period of four years or until their suc-
23 cessors are appointed, and such terms are staggered with the
24 term of one member of the Commission expiring each year . The
25 terms of office for the initial members of the Commission shall
26 be as follows : one member shall serve for one year; one member
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1 shall serve for two years; one member shall serve for three
2 years , and two members shall serve for four years . Nothing in
3 this chapter shall prohibit a member from being appointed for an
4 additional term.
5 C. Whenever a vacancy occurs on the Commission , such
6 vacancy shall be filled in the manner adopted for appointment of
7 members . Where a vacancy occurs leaving an unexpired term, the
8 subsequent appointment or selection shall be made for the balance
9 of such unexpired term.
10 D. Members of the Commission shall not be
11 compensated for their services on the Commission.
12 9.66.060 Powers of the commission .
13 The Commission shall have the following powers :
14 A. To meet from time to time upon the filing of a
15 petition with the Commission with respect to the issue of an
16 increase in the rent within a park to make a binding
17 determination as to such rent increase and , to utilize City
18 offices and/or facilities as needed for such purpose.
19 B. To receive evidence , conduct independent
20 investigations , hold hearings on and pass upon the petitions as
21 set forth in this Chapter .
22 C. To make or conduct such independent hearings or
23 investigations as may be appropriate to obtain such information
24 as is necessary to carry out their duties .
25 D. To adjust rents either upward or downward upon
26 completion of their hearings and investigations .
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I E. To adopt, promulgate, amend and rescind
2 administrative rules to effectuate the purposes and policies of
3 this Chapter , the Commission shall publicize its own rules and
4 regulations prior to their promulgation in at least one newspaper
b of general circulation in the City.
6 F. To maintain and keep at City Hall , mobile home
7 rent review hearing files and dockets listing the time , date and
8 place of hearings , the parties involved and the final disposition
9 of the petition . These files and dockets shall be matters of
10 public record and shall be accessible to the public and may be
11 viewed at the office of the Community Development Department or
12 may be copied upon written request therefor and upon payment of
13 appropriate cost of reproduction. Except that financial
14 information relative to the operation of a mobile home park , or
15 personal financial information of a homeowner shall not
16 constitute such public information and shall be determined to be
17 the private records of such mobile home park owner or the
18 homeowner , in the possession of the Commission . Such records
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19 shall remain confidential except to the extent necessary to
20 resolve the dispute in which it is submitted as evidence , which
21 includes dissemination to all parties of record in the dispute.
22 Neither the Commission , the City of San Bernardino, nor any of
23 its agents or employees shall be held liable to any such
24 homeowner or mobile home park owner for the distribution of such
25 information to any extent greater than if such information
26 constituted a public record .
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1 G. To publicize this chapter so that all mobile home
2 park operators and homeowners will have the opportunity to become
3 informed about their legal rights and duties under this Chapter .
4 H. To give consideration to all proposals for
5 amendments and modifications of this Chapter and to hold at least
6 one public hearing , after notice to each homeowners ' association
7 registered with the Community Development Department , to consider
8 the view of interested parties . And , to thereafter make
9 recommendations to the City Council for or against the adoption
10 of any such amendments or modifications to this chapter .
11 I . To enforce and recognize agreements arrived at
12 between homeowners and mobile home park operators when (a) the
13 agreement is duly executed by representatives of the parties , (b)
14 submitted to the Commission and placed on record as an accord and
15 satisfaction or binding settlement of a matter pending before the
16 Commission , and (c) where such agreement contains a specific
17 provision permitting enforcement of the agreement by the
18 Commission .
19 J. To designate a person , other than a member of the
20 Commission , as the Secretary of the Commission .
21 9. 66. 070 Rent increase .
22 A. 'Rent Increase ' is as defined in Section
23 9. 66. 020 (R) , providing that an increase is an amount in excess of
24 one hundred percent of the Los Angeles-Anaheim-Riverside Consumer
25 Price Index for July of the subject year . Only changes in rent
26 in excess of the amount defined therein shall be subject to the
27 requirements of this subsection .
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1 B. In order to implement a rent increase , the mobile
2 home park operator shall :
3 (1 ) At least thirty days prior to the service of a
4 written notice of a proposed rent increase , as set forth below,
5 provide written notice to the affected association of record with
6 the Community Development Department and to the Commission that a
7 notice of proposed rent increase will be served and the basis for
8 such rent increase . If the owner has not been given notice of
9 the existence of an Association, no such notice shall be
10 required .
11 (2 ) At least sixty days prior to the effective date
12 of any proposed rent increase the mobile home park owner shall
13 serve each affected homeowner , either by personal or substituted
14 service , by conspicuous service (posting for 10 days in a con-
15 spicuous place and mail ) or by certified mail , with notice of the
16 Proposed rent increase and the basis therefore.
17 (3 ) A copy of any notice served pursuant to
18 Paragraph 2 above , shall be filed with the Commission by delivery
19 to the Community Development Department of the City of San
20 Bernardino no later than five days after service upon the home-
21 owners .
22 (4 ) No more than one increase in space rent shall be
23 allowed in any twelve-month period .
24 C. Nothing contained in this ordinance shall be
25 interpreted so as to discourage private , voluntary negotiations
26 between homeowners and mobile home park owners regarding the
27 amount of any proposed rent increase . It is the intent of this
28 section that the thirty-day notice period required pursuant to
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I paragraph 1, be utilized for the purpose of such negotiations .
2 Any rent increase which is the result of such informal
negotiation shall be exempt from the additional requirements set
forth in said paragraph. Although these informal negotiations
4
5 may be initiated by either the mobile home park owner or the
homeowner , it is the intent of this Chapter that this action be
6
7 taken by the mobile home park owner . It shall be the obligation
of the mobile home park owner to provide written notification to
8
9 the Community Development Department .
10 D . The park owner shall not enforce a rent increase
unless and until written notice is delivered to the Community
11
12 Development Department pursuant to paragraph 1.
13 9. 66. 080 Petition for hearing .
14 A. Subject to the limitations set forth at Section
15 9. 66. 040 (D) the association of any mobile home .park or upon the
16 refusal of such association to act , upon fifty percent plus one
17 of the homeowners residing therein , or the mobile home park
18 operator , may petition the commission for the purpose of
19 reviewing the amount of a proposed rent increase or for any other
20 purpose for which the commission has the power to act . Such a
21 petition may be filed no more than once in any twelve-month
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22 period per park , except that upon a showing of good cause the
23 commission shall have the right to consider additional petitions .
24 Said petition shall be filed within sixty days of the effective
25 date of the rent increase .
26 B. Costs for a hearing on such petition shall be as
27 provided by resolution of the Mayor and Common Council . Said fee
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Adak
Ir 1 is hereby set at One Thousand Five Hundred Dollars . Such fee
2 shall be paid one-half by the Association and one-half by the
3 park owner .
4 C. Upon request for a hearing , the following
5 procedures shall be used :
6 (1) At the request of the chairperson of the
7 Commission , the parties shall produce such records , receipts or
8 reports as the Commission may require . A failure by any party to
9 produce such requested items shall be sufficient basis for the
10 Commission to terminate the proceedings . If the refusal is by
11 the mobile home park operator , no increase in rent shall be
12 authorized and any such increase shall be deemed to be a
13 violation of this Chapter . If the refusal is by the homeowner (s)
14 the mobile home park operator shall be awarded such rent
15 increaser: as the Commission may deem just and reasonable .
16 (2) Within twenty days following the receipt of a
17 request for a hearing , at a time and place set by the commission ,
18 a hearing shall be held for the presentation of evidence as to
19 the propriety and/or reasonableness of the subject rent increase .
20 Written notice of the time and place of the hearing shall be
21 given to the parties thereto not less than fifteen days prior to
22 the date scheduled for such hearing . The notice shall be given
23 by personal delivery or by depositing in the United States mail
24 directed to the addresses on file with the Commission . One
25 reasonable continuance , not to exceed sixty days , may be granted
26 by stipulation of the parties or at the discretion of the
27 Commission .
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1 (3 ) In the consideration of the reasonableness of a
2 proposed rent increase, the commission shall consider all
3 relevant factors in determining whether such increase yields a
4 just and reasonable return to the mobile home park operator.
5
Such factors shall include , but shall not be limited to the
6 following : !
7 a. The completion of any capital improvements
8 or rehabilitation work in the mobile home space or spaces speci-
9 fied in the rent increase application, and the cost thereof , in-
I
10 cluding in such items of cost - materials , labor, construction
11 interest, permit fees and other items as the Commission deems
r
12 appropriate ; provided , however , that the cost of all capital
13 improvements or rehabilitation work shall be billed separately
14 from the 'rent ' and that said billing shall cease when the cost
15 of the improvement or rehabilitation has been fully amortized as
16 provided herein.
17 b . Changes in property tax or other taxes
18 related to the subject mobile home park.
19 C . Changes in the rent paid by the park owner
20 under a lease for the land upon which the mobile home park is
21 located .
22 d . Changes in the utility charges for the
23 subject mobile home park and , the extent, if any , of
24 reimbursement from the homeowners .
25 e . Changes in reasonable operating and
26 maintenance expenses .
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I f . The need for repairs caused by
2 circumstances other than ordinary wear and tear .
3 g . Any existing written lease lawfully entered
4 into between the park owner and the affected homeowner (s) .
5 (4) Conduct of the hearing :
6 a. The parties may offer any testimony,
7 documents , written declarations or other evidence that is
8 relevant to the subject of the hearing .
9 b. The parties may have assistance in
10 presenting evidence , or in setting forth by argument their
11 position , from an attorney or such other person as may be
12 designated by said parties; provided , however , that each party
13 may have only one such spokesperson at the hearing .
14 C . In the event either the petitioner or the
15 park owner should fail to appear , the Commission may hear and
16 review such evidence as may be presented and make such decisions
17 as if both parties were present .
18 d . All testimony shall be taken and all
19 documentary evidence shall be submitted under penalty of perjury.
20 e . It need not be conducted according to the
21 technical rules relating to evidence and witnesses , as applicable
22 in courts of law. To be admissible , evidence shall be of the
23 type on which responsible persons are accustomed to rely in the
24 conduct of serious affairs . A full and fair hearing shall be
25 accorded to the parties to the hearing .
26 f . The proceedings shall be tape recorded .
27 Any party who desires that the proceedings be recorded
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stenographically shall make arrangements with the clerk of the
1
Commission at least five working days before the hearing . Any
2
transcripts prepared by a reporter at the party 's request shall
3
be at his or her expense , and the original shall be filed with
4 the Secretary of the Commission . If a party makes a request for
5
a transcript of the tape recording at the time of , or after the
6
hearing , he or she shall make arrangements to copy the official
7
tape recording with the Secretary of the Commission. All
8
expenses incurred for the transcript will be borne by the
9
requesting party.
10
g . Any person may be excluded during the
11
hearing by the Commission if that person is disruptive or
12
otherwise interferes with the orderly conduct of the proceedings .
13
h. At the hearing the mobile home park
14
operator shall have the burden of proof . Such burden shall be
15
satisfied if the weight of the credible evidence, as determined
16
17 by the Commission , favors the position advocated by the mobile
home park operator .
18
(5) Decision .
19
a. The Commission shall make a final decision
20
21 upon the conclusion of the hearing . The written decision ,
22 including all applicable findings , shall be prepared by the City
23 Attorney, signed by the chairman of the Commission , and mailed to
24 all parties within ten days after the conclusion of the hearing .
25 b. The decision and findings of the Commission
26 shall be final and there shall be no right of appeal to the City
27 Council . Appeal from such section shall be subject to the
28 provisions of San Bernardino Municipal Code Chapter 1. 24.
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1 c . It shall be unlawful for a rent increase to
2 be assessed prior to a final decision having been rendered by the
3 Commission . The rent increase granted by the Commission , if any,
4 shall then be made retroactive to the date noticed by the mobile
5 home park operator .
6 9. 66.090 Reduction in services prohibited .
7 No mobile home park owner shall reduce or eliminate any
8 service in a mobile home park or to any homeowner within any
9 mobile home park unless and until a proportionate share of the
10 cost savings resulting from such reduction or elimination is
11 passed on to the homeowner in the form of a decrease in rent .
12 Such reduction in service shall otherwise constitute a rent
13 increase subject to right of appeal.
14 9. 66.110 Increase on sale or transfer .
15 A. There shall be no increase in the space rent upon
16 the sale or transfer of title to a mobile home dwelling unit in
17 place , except upon reaching the anniversary date for rent
18 increases as defined in Section 9. 66. 120.
19 B. No upward adjustment of rents shall be authorized
20 by reason of increased interest or the expense resulting from the
21 mobile home park owner refinancing the mobile home park if , at
22 the time the owner refinanced , the owner could reasonably have
23 foreseen that such increased expense could not be covered by the
24 rent schedule in existence except where such refinancing is
25 needed for the owner to make capital improvements . A mobile home
26 park operator shall negotiate with the association for a pass-
27 through for capital costs . If agreement cannot be reached ,
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request to the Commission for review is allowed pursuant to
1
Section 9. 66. 080.
2
3 C. No upward adjustment of rents shall be authorized
4 by the Commission because of the owner 's increased expenses or
5 other expenses resulting from a sale of the park if, at the time
6 the owner acquired the park , the owner knew, or should have
7 known , that such increased expenses would not be covered by the
8 rent schedule then in effect . This section shall only apply to
9 mobile home parks acquired after the date of adoption of this
ordinance .
10
11 D. The owner , operator or manager shall provide the
12 purchaser of a mobile home that will remain in the park with a
13 copy of this ordinance prior to the execution of a rental
14 agreement with said purchaser .
15 9. 66. 120 Establishment of uniform anniversary date.
16 After effective date of this Chapter , all rent increases
17 shall hereafter be made effective as of July 1 of each year ,
18 except as otherwise permitted by the Commission for institution
19 of increases to recover the costs of rehabilitation or capital
20 improvement costs .
21 9. 66. 130 Monthly invoice statement .
22 Within forty-five days following effective date of this
23 ordinance , each mobile home park operator shall provide monthly
24 billing information to each homeowner in a form essentially as
25 set forth in the model monthly invoice/statement , a copy of which
26 is attached hereto and marked Exhibit "A" .
27 9. 66. 140 Violation - Penalty.
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1 A. Any homeowner aggrieved by the willful violation
2 of any of the provisions of this chapter may sue thereon and
3 recover actual damages therefor , plus a civil penalty as provided
4 in this section . Any park owner or his agent who demands ,
5 accepts , receives or retains any payment or space rent in excess
6 of the maximum lawful space rent , in violation of the provisions
7 of this chapter or any rule , regulation or order hereunder
8 promulgated , shall be liable , as provided in this section , to the
9 homeowner from whom such payments are demanded , accepted ,
10 received or retained , for damages , as a civil penalty in excess
11 of any actual damages , an amount of five hundred dollars or ,
12 three times the amount by which the payment so demanded ,
13 accepted , received or retained exceeds the maximum lawful space
14 rent , whichever is the greater . The owner is also liable to the
15 homeowner for special damages which shall include any payments
16 actually collected , plus interest from the date received ,
17 reasonable attorney 's fees and such other costs as determined by
18 the court to be just and proper .
19 B. It shall be unlawful for a mobile home park
20 operator to demand , accept , receive or retain any payment of rent
21 in excess of the maximum lawful rents set forth in this
22 ordinance . Any person willfully violating any of the provisions ,
23 or failing to comply with any of the requirements of this
24 ordinance , shall be guilty of a misdemeanor . Any person
25 convicted of a misdeamenor under the provisions of this ordinance
26 shall be punishable by a fine of not more than One Thousand
27 Dollars or by imprisonment in the county jail for a period of not
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a 0
1 more than six months , or by both. Each violation of any
2 provision of this ordinance , and each day during which any such
3 violation is committed , permitted , or continued , shall constitute
4 a separate offense .
5 C. Refusal of Tenant to Pay A Rent Increase. A
6 tenant may refuse to pay any increase in rent which 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 D. The Community Development Department is hereby
11 authorized to commence actions for violations of the provisions
12 of this ordinance through the filing of long form complaints with
13 the Office of the City Attorney.
14 9 .66 . 150 Termination.
15 The provisions of this chapter shall cease to be in effect
16 after three years from its effective date ; provided , however ,
17 that the provisions of this chapter shall remain in full force
18 and effect thereafter for the purpose of maintaining or defending
19 any civil or criminal proceeding with respect to any right or
20 liability , or offense which may have arisen under the provisions
21 of this chapter during its operative period .
22 9 .66 . 160 Severability.
23 If any provision or clause of this ordinance or the
24 application thereof to any person or circumstance is held to be
25r unconstitutional or to be otherwise invalid by any court of
26 competent jurisdiction , such invalidity shall not affect other
27 ordinance provisions or clauses or applications thereof which can
28
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1 be implemented without the invalid provision or clause or
2 application , and to this end the provisions and clauses of this
3 ordinance are declared to be severable.
4 9.66 . 170 Nonapplicability.
5 This ordinance shall not apply to any mobile home park
6 which (a) does not conform to current standards for the
7 development of a mobile home park as set forth in San Bernardino
8 Municipal Code Chapter 19 . 16 , and (b ) where , within the last two
9 years , any department of the City of San Bernardino or any other
10 County or State Agency has issued a citation or notice of
11 correction for violation, to the mobile home park operator or
12 where any such citation or notice of correction has been issued
13 to three or more homeowners within such park. Such park may
14 become subject to the provisions of this chapter upon certifica-
15 tion by the Building and Safety Department and the Fire Department
16 of the City that the park is free of all hazards and violations . "
17 I HEREBY CERTIFY that the foregoing ordinance was duly
18 adopted by the Mayor and Common Council of the City of San
19 Bernardino at a meeting thereof , held on
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3-4-88
JFw:dys
APRk
a
1 the day of , 1988, by the following
2 vote , to wit:
3 AYES: Council Members
4
NAYS:
5
6 ABSENT:
7
8 City Clerk
9 The foregoing ordinance is hereby approved this day
10 of , 1988.
11
12 Mayor of the City of San Bernardino
13
14 Approved as to form
and legal content :
15
16 i y Attorney
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3-3-88 22
JFW:cm
D R A F T
MOBILEHOME MODEL MONTHLY INVOICE STATEMENT
Statement Date:
1. Base Rent, Space Number Month of: $
2. Additional Charges, per Rental Agreement
a) Gas: $
b) Electricity: $
c) Water: $
d) Trash: $
e) Security: $
f) Cable: $
Other: g) $
h) $
Subtotal, Additional Charges: $
3. Pre-Approved, Allowable Pass-Throughs:
a) Rehabilitation Projects
1. (payment of _) :* $
2. (payment of
b) Capital Improvement Projects
1. (payment of 60 ) : $
2. (payment of 60 ) : $
Subtotal, Pass-Throughs: $
TOTAL DUE BY _/_/ $
*Not less than thirty-six (36) payments (3 years).
/lab
2/88