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HomeMy WebLinkAbout21- Ordinance I ntut+vtO-CITY CLERK '87 AUG 14 P2 :43 1 ORDINANCE NO. 2 ORDINANCE OF THE CITY OF SAN BERNARDINO PROVIDING THAT RENTS FOR MOBILE HOME SITES SHALL NOT EXCEED THOSE IN EFFECT ON 3 JULY 1 , 1987 , AND TEMPORARILY PROHIBITING RENTAL INCREASES THEREFOR, AND DECLARING THE URGENCY THEREOF . 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO . 5 DO ORDAIN AS FOLLOWS: 6 SECTION 1 . Purpose . Pending further study of the 7 development and adoption of measures to address the problems 8 created by the present housing and mobile home site shortage , it 9 is necessary, on an interim basis , to prohibit rental increases 10 on mobile home sites within the City of San Bernardino . 11 SECTION 2 . Definition of Terms . Unless it is apparent 12 from the context that another meaning is intended , the following 13 words and terms when used herein shall have the meaning ascribed 14 to them by this Section . 15 A. "Services" : Services connecter with the use or 16 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 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 8/11/87 1 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 until 8 November 17 , 1987, or until such time as the Mayor and Common 9 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 or the transfer 14 of a lease for such a unit , including but not limited to monies 15 demanded or paid for parking , for furnishings , for services of 16 any kind , for subletting , or for security deposits for damage 17 and/or for cleaning . 18 G. "Mobile Home Site Rental Units" : All mobile home sites 19 in the City of San Bernardino designed for rental use or actually 20 rented at any time on or after July 1 , 1987 , and all services , 21 privileges , furnishings and facilities supplied in connection 22 with the use or occupancy thereof , including garage and parking 23 facilities . The term shall not include: 24 (1) mobile home sites in nonprofit cooperatives 25 owned and controlled by a majority of the residents; 26 (2) mobile home sites which a government unit , agency 27 or authority owns , operates , or manages or which are specifically 28 8/11/87 2 1 exempted from municipal rent regulation by state or federal law 2 or administrative regulation; 3 (3 ) mobile home sites located in a mobile home park 4 completed or newly constructed after the effective date of this 5 ordinance . 6 H. "Tenant" : A tenant , subtenant , lessee , sublessee or 7 any other person entitled to the use or occupancy of any mobile 8 home site rental unit . 9 I . "Average Per Unit Rehabilitation Cost" : The cost of 10 rehabilitation to the mobile home park , or any portion thereof , 11 sufficient to bring the mobile home park into compliance with all 12 applicable City ordinances , divided by the total number of mobile 13 home sites in the mobile home park . The costs of rehabilitation 14 shall have been paid or incurred by the mobile home park operator 15 during the moratorium period or any extension thereof , for 16 rehabilitation work done during the moratorium period or 17 extension thereof . 18 J. "Average Per Unit Capital Improvement Cost" : 19 The cost of a capital improvement , divided by the number of 20 mobile home sites in the mobile home park . A "capital 21 improvement cost" shall be the costs for improvements to the 22 mobile home park or any building or structure located within the 23 mobile home park , which improvements have a useful life of five 24 (5) years or more , and which costs have been paid or incurred by 25 the mobile home operator during the moratorium period or any 26 extension thereof for the capital improvement work done during 27 the moratorium period or extension thereof . This term shall not 28 8/11/87 3 1 include expenditures for the purchase of land , an existing 2 building , or an interest in an existing building for the purpose 3 of increasing the number of mobile home sites in the mobile home 4 park; nor does it include expenditures necessary to keep or 5 maintain that level of services provided to the mobile home site 6 rental unit at its applicable rollback date . 7 SECTION 3 . Rental Increase Moratorium 8 A. Beginning on the effective date of this ordinance and 9 continuing until November 17 , 1987 , or until such time as the 10 Mayor and Common Council establish a procedure for the adjustment 11 and/or regulation of rents , whichever occurs first , rents shall 12 be at the levels and shall not otherwise be increased except as 13 provided in subparagraph B below. 14 B. During the moratorium period , the maximum rent for a 15 mobile home site rental unit in the City of San Bernardino shall 16 be the following: 17 (1) For a mobile home site rental unit which is 18 rented as of July 1 , 1987 , and continues to be rented thereafter 19 to one or more of the tenants occupying such rental on July 1 , 20 1987; 21 The rent shall not exceed that in effect on July 1 , 22 1987 . The level of services provided to the rental unit on that 23 date shall not be reduced during the moratorium period . No 24 notice to the tenant , whether given before or after July 1 , 1987 , 25 shall be effective to increase the rent during the moratorium 26 period . 27 28 8/11/87 4 1 (2) For a mobile home site rental unit which is not 2 rented as of July 1, 1987 , but is subsequently rented and 3 continued to be rented to one or more of the same tenants; 4 The rent shall not exceed that in effect on the date 5 the mobile home site rental unit is first rented after July 1 . 6 The level of services provided to the rental unit on the rental 7 date shall not be reduced during the moratorium period . 8 (3 ) For a mobile home site rental unit voluntarily 9 vacated on or after July 1 , 1987 , and prior to the end of the 10 moratorium period: 11 If the vacancy was voluntary (i .e . not the result of 12 an eviction , whether for just cause or otherwise , or of mobile. 13 home park operator 's refusal to renew a periodic tenancy or lease 14 agreement) , then the rent may be increased upon the re-rental of 15 the mobile home site rental unit . So long as such unit continues 16 to be rented to one or more of the tenants first occupying the 17 mobile home site rental unit at the time of such re-rental , such 18 rent shall not exceed that in effect on the date the rental unit 19 is first re-rented , nor shall the level of services provided on 20 that re-rental date be reduced during the moratorium period . 21 (4) For mobile home site rental units vacated other 22 than voluntarily after July 1 , 1987 . 23 The rent for such mobile home site rental unit shall 24 not thereafter exceed the rent in effect immediately prior to 25 such involuntary vacation , unless the unit is subsequently 26 voluntarily vacated . The level of services provided prior to 27 such involuntary vacation shall not be reduced during the 28 moratorium period . 8/11/87 5 1 (5) For a mobile home site rental unit which has 2 been found to be in violation of any then existing City 3 ordinance: 4 The rent shall not exceed that amount dictated by the 5 above subparagraphs (1) through (4) , inclusively, plus the 6 average per unit rehabilitation cost amortized over not less than 7 a thirty-six (36) month period , which costs have been incurred by 8 the mobile home park operator during the moratorium period for 9 rehabilitation work done during the moratorium period for the 10 sole purpose of bringing the subject property into compliance 11 with City ordinances . 12 (6) For a mobile home site rental unit with respect 13 to which capital improvement costs are incurred: 14 The rent shall not exceed the amount dictated by the 15 above subparagraphs (1) through (5) , inclusive , plus the average 16 per unit capital improvement cost amortized over a sixty (60) 17 month period . 18 C. Subparagraph (5) and subparagraph (6) of paragraph B 19 above shall not be applicable to any mobile home park unless the 20 mobile home park operator of such mobile home park has provided 21 the Community Development Department with written proof 22 satisfactory to that department that the cost of rehabilitation 23 work or capital improvement work was incurred during the 24 moratorium period and that the rehabilitation or capital 25 improvement work was completed during the moratorium period . 26 D . The Mobile Home Park Ad Hoc Committee is hereby 27 authorized to hear and decide the appeal of any action taken by 28 8/11/87 6 i 1 any official of the City of San Bernardino pursuant to the 2 authority of this ordinance except the commencement of criminal 3 prosecution and to hear appeals related to the interpretation of 4 any provision hereof . An appeal of any decision of the Mobile 5 Home Park Ad Hoc Committee may thereafter be had to the Mayor and 6 Common Council in accordance with the provisions of Chapter 2 .64 i of the San Bernardino Municipal Code . 8 SECTION 4 . Violation of Ordinance . 9 (A) It shall be unlawful for any mobile home park operator 10 to demand , accept , receive or retain any payment of rent in 11 excess of the maximum lawful rents set forth in this ordinance . 12 Any person violating any of the provisions , or failing to comply 13 with any of the requirements of this ordinance , shall be guilty 14 of a misdemeanor . Any person convicted of a misdemeanor under 15 the provisions of this ordinance shall be punishable by a fine of 16 not more than One Thousand Dollars ( $1 ,000) or by imprisonment in 17 the County Jail for a period of not more than six months , or by 18 both. Each violation of any provision of this ordinance , and 19 each day during which any such violation is committed , permitted , 20 or continued , shall constitute a separate offense . 21 (B) The Community Development Department is hereby 22 authorized to commence actions for violations of the provisions 23 of this ordinance through the filing of long form complaints with 24 the office of the City Attorney. 25 SECTION 5 . Refusal of a Tenant to Pay a Rent Increase . A 26 tenant may refuse to pay any increase in rent which is in 27 violation of this ordinance and such violation shall be a defense 28 8/11/87 7 1 in any action brought to recover possession of a mobile home site 2 rental unit or to collect the illegally charged rent increase . 3 SECTION 6. Severability. If any provision or clause of 4 this ordinance or the application thereof to any person or 5 circumstance is held to be unconstitutional or to be otherwise 6 invalid by any court of competent jurisdiction , such invalidity 7 shall not affect other ordinance provisions or clauses or 8 applications thereof which can be implemented without the invalid 9 provision or clause or application , and to this end the 10 provisions and clauses of this ordinance are declared to be 11 severable . 12 SECTION 7 . Urgency. This ordinance is an urgency measure 13 necessary for the immediate preservation of the public peace , 14 health or safety and shall go into effect immediately upon its 15 adoption and approval . The facts constituting such urgency are: 16 A. In recent months there has been an increasing concern 17 on the part of public officials and residents of the City of San 18 Bernardino regarding exorbitant rent increases in mobile home 19 sites in this City. 20 B. There is a growing shortage of decent , safe , sanitary 21 mobile home sites resulting in a critically low vacancy rate , 22 rising exorbitant rents , and stringent conditions of site 23 occupancies exploiting this shortage; that this condition is 24 having a detrimental effect on the lives of a substantial number 25 of the San Bernardino residents who reside in mobile homes and is 26 endangering the health and welfare of such residents , especially 27 creating hardships on senior citizens , persons on fixed incomes , 28 and persons of low income . 8/11/87 8 I C. The cost of relocation of a mobile home is exorbitant , 2 amounting to thousands of dollars . 3 D . Many mobile home parks will not rent a mobile home site 4 unless the site will be occupied by a new mobile home . 5 E . The Mayor and Common Council continue to receive 6 reports of rent increases , particularly relating to mobile homes , 7 which may lead to the displacement of many mobile home tenants . 8 F . The Mayor and Common Council find that immediate action 9 is required to preserve the status quo by imposing a temporary 10 moratorium on rent increases for mobile home sites , pending 11 consideration of the feasibility and desirability of any further 12 measures . 13 I HEREBY CERTIFY that the foregoing ordinance was duly 14 adopted by the Mayor and Common Council of the City of San 15 Bernardino at a meeting thereof , held on 16 the day of , 1987 , by the following 17 vote , to wit: 18 AYES: Council Members 19 20 NAYS: :i 21 ABSENT: 22 23 City Clerk 24 25 26 27 28 8/11/87 9 1 The foregoing ordinance is hereby approved this day 2 of 1987. 3 4 Mayor of the City of San Bernardino 5 Approved as to form 6 and legal content: n 7 8 / j City Attorney 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8/11/87 10