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HomeMy WebLinkAboutORD 242 1998 0617ORDINANCE NO. 242 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING SECTIONS 5.52.020, 5.52.050, 5.52.120 AND 5.52.140 OF CHAPTER 5.52, MOBILEHOME PARK RENT 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 30`h). "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 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. Ordinance No. 242 Page 2 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. 5.52.140 Hardship to tenant. B. Request for Review from Owner. Within ten (10) days after the statement is filed, the owner shall either notify the tenant that the adjustment shall be reduced by the amount identified in the statement or shall file Ordinance No. 242 Page 4 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) CITY OF MOORPARK ) ss. I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 242 was adopted by the City Council of the City of Moorpark at a meeting held on the 17`h day of June, 1998, and that the same was adopted by the following vote: AYES: Councilmembers Hunter NOES: None ABSENT: None ABSTAIN: None Evans, Perez, Teasley, Wozniak and Mayor WITNESS my hand and the official seal of said City this 25th day of June, 1998. S, i Deborah S. Traffens t, City Clerk (seal)