HomeMy WebLinkAboutAGENDA REPORT 1998 0617 CC REG ITEM 12AITEM .� •� •
CITY OF MOORPARK, CALIFORNIA
City Council Meeting
ORDINANCE NO. 242 of (p • 1'1 - Qg
AN ORDINANCE OF THE CITY COUNCIL OF TWTI'Y"� tCd
OF MOORPARK, CALIFORNIA, AMENDING
5.52.020, 5.52.050, 5.52.120 AND 5.52140 nw
CHAPTER 5.52, MOBILEHOME PARK By: RENT S
STABILIZATION, OF THE MOORPARK MUNICIPAL CODE
WHEREAS, the City Council has determined that in the
course of administering Chapter 5.52 of the Moorpark Municipal
Code, there is a need to clarify certain provisions of the
Mobilehome Park Rent Stabilization Program and that for the benefit
of both tenants and owners, a summary of the provisions of the
Program should be provided; and
WHEREAS, because of the downward trend of the percentage
change in the Consumer Price Index since February 1991; and
WHEREAS, it is appropriate for market forces to determine
space rent of spaces vacated by mobilehome units which are not
being replaced by existing tenants;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. The definitions of Compliance, Consumer Price
Index, and Space rent occupancy change in Section 5.52.020,
Subsection C of Section 5.52.040, subsection A and subsection A.1
of Section 5.52.050, Section 5.52.120 and Subsection B of Section
5.52.140 of the Moorpark Municipal Code are hereby amended as
follows:
5.52.020 Definitions.
"Compliance" means the submittal of rent schedule forms
as approved by the City, the payment of an administrative fee, as
established by resolution of the City Council, for the submission
of mobilehome space rent increase applications, and other requested
material, documentation, information and responses to staff
questions to comply with this chapter.
"Consumer Price Index" means the percentage change in the
Consumer Price Index for the U.S. City Average, All Urban
Consumers, All Items, for the twelve (12) month period ending four
(4) months prior to the effective date of the proposed rent
increase (e.g., November effective date would be for twelve (12)
month period ending June 30tH).
"Space rent occupancy change" means any time that a
mobilehome in a mobilehome park or the space occupied by such a
mobilehome is vacated voluntarily or as a result of an eviction
action or a resale of the mobilehome. No space rent occupancy
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change shall be deemed to have occurred if an existing tenant
removes an existing mobilehome from the space that tenant rents in
a mobilehome park, in order to replace that mobilehome with another
mobilehome, to be installed on the same space.
5.52.040 Rent increase -- Legality.
C. Effect on Space Rent Occupancy Change.
1. Upon a space rent occupancy change that occurs on or
after November 6, 1992, that results from a mobilehome in a
mobilehome park being vacated voluntarily or involuntarily, leaving
the mobilehome in place upon the space, the mobilehome park owner
may increase the space rent in effect for that particular space at
the time of the change by an amount not to exceed the lesser of
five percent (5 %) or the Consumer Price Index. Such an increase
shall not be applied more than once in a twelve (12) month period
and not more than two (2) times in any five (5) year period. Nor
shall such an increase constitute a space rent increase for the
purpose of determining when the last space rent increase became
effective under Section 5.52.050(A)(2) or Section 5.52.060(A)(1).
2. Upon a space rent occupancy change that occurs on or
after July 1, 1998, that results from the complete removal of a
mobilehome coach from the space it formerly occupied in a
mobilehome park, that same space shall no longer be subject to the
provisions of this chapter, except Section 5.52.120.
5.52.050 Standard space rent increase.
A. Basis for Determination. The procedures and fees
set forth in Section 5.52.060 shall not apply to any proposed space
rent increase which does not exceed the adjusted Consumer Price
Index ( "CPI ") of the total space rent of each affected mobilehome
park space, provided that:
1. The adjusted Consumer Price Index means the full CPI
up to and including seven percent (7 %) and two- thirds (2/3) of the
CPI above the seven percent (7 %) up to and including eighteen
percent (18 %) for a maximum total increase of fourteen point
thirty -three percent (14.33 %).
5.52.120 Notice to new tenants. Prior to, or at the
time of, agreeing to rent or lease a mobilehome park space to a new
tenant, the owner shall provide the new tenant with a copy of this
chapter, as currently in force, along with a summary of this
chapter's key provisions and projections regarding the effect such
provisions may have on tenants. This summary shall be prepared and
provided by the City to mobilehome park owners for their
distribution to current and incoming new tenants. Within thirty
(30) days after receiving such summary from the City, the
mobilehome park owner shall provide a copy of same to all current
tenants, whether tenants are renting or leasing space.
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5.52.140 Hardship to tenant.
Owner. Within ten (10) days after
owner shall either notify the tenant
reduced by the amount identified in
with the board a request to convene
shall consist of the mayor, the owner
B. Request for Review from
the statement is filed, the
that the adjustment shall be
the statement or shall file
a review panel. The panel
and a councilmember selected
council.
by the mayor with approval of the city
SECTION 2. If any section, subsection, sentence, clause,
phrase, part or portion of this Ordinance is for any reason held to
be invalid or unconstitutional by any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The city council declares
that it would have adopted this Ordinance and each section,
subsection, sentence, clause, phrase, part of portion thereof,
irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, parts of portions be
declared invalid or unconstitutional.
SECTION 3. The city clerk shall
and adoption of this ordinance; shall enter
original ordinances of said city; shall
passage and adoption thereof in the records
the city council at which the same is pa
shall, within fifteen (15) days after the
thereof, cause the same to be published once
a weekly newspaper of general circulation,
6008 of the Government Code, for the City of
hereby designated for that purpose.
ATTEST:
certify to the passage
the same in the book of
make a minute of the
of the proceedings of
ssed and adopted; and
passage and adoption
in the Moorpark Star,
as defined in Section
Moorpark, and which is
PASSED AND ADOPTED this day of
Deborah S. Traffenstedt
City Clerk
Mayor of the City of Moorpark
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