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HomeMy WebLinkAboutORD 096 1988 0629ORDINANCE NO. 96 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE MOORPARK MUNICIPAL CODE BY REVISING CHAPTER 4 OF TITLE 5 RELATIVE TO MOBILE HOME PARK RENTS. THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. The Moorpark Municipal Code is hereby amended by revising the definition of "Consumer Price Index" contained in Section 5.04.020 and by adding in alphabetical order to Section 5.04.020 the definition of "Space Rent Occupancy Charge" to read as follows: "'Consumer Price Index.' The consumer price index for the U.S. City Average, All Urban Consumers, All Items, for the twelve 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)." "'Space Rent Occupancy Charge.' Any time that a mobile home in a mobile home park or the space occupied by such a mobile home is vacated voluntarily or as a result of an eviction action or a resale of the mobile home." SECTION 2. The Moorpark Municipal Code is hereby amended by revising subsection A and adding subsection C to Section 5.04.040 to read as follows: "A. Compliance with Chapter. On and after the effective date of this Chapter, it shall be unlawful for any owner to (i) increase any space rent, and no increase in space rent shall be effective, unless the increase is made in compliance with the provisions of this Chapter, or (ii) fail to comply with any provision of this Chapter." "C. Effect on Space Rent Occupancy Change Upon a space rent occupancy change that occurs on or after July 31, 1988, the mobile home 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 5.04.050 A(1) or Section 5.04.060 A(1)." SECTION 3. The Moorpark Municipal Code is hereby amended by revising Section 5.04.050 to read as follows: "Section 5.04.050 - Space Rent Increase The Lesser of Five Percent or the Consumer Price Index. A. cjk /ORD6168 (06/24/88) Basis for Determination The procedures and fees set forth in Section 5.04.060 shall not apply to any proposed space rent increase which does not exceed the lesser of five percent (5 %) or the increase in Consumer Price Index of the total space rent of each affected mobile home park space, provided that: (1) The proposed space rent increase is to become effective no sooner than one (1) year from the date the last increase became effective at the particular mobile home park. (2) Not less than seventy -five (75) days prior to the effective date of the proposed increase, the owner files with the Board a Rent Schedule Form and supporting documentation together with a copy of the written notice of the proposed increase and proof that he served each affected tenant, personally or by mail, with the notice. Said notice shall state (i) the number of the space -2- or other means by which the space is routinely identified, (ii) the proposed rent for the space and the effective date thereof, and (iii) that a copy of the Rent Schedule Form and supporting documentation is available to any affected tenant free of charge upon request at the owner's office in the particular mobile home park. Mailed notice shall be deemed served as of the second day after deposit in the U.S. mail, postage prepaid. The Rent Schedule Form shall show the existing rent and proposed new maximum rent for each affected space together with the percentage increase and shall include the Consumer Price Index together with documentation thereof. (3) If a space rent increase exceeds this subsection A, the proposed increase may not be implemented by the owner unless and until approved by the Board in accordance with Section 5.04.060. B. Procedure The proposed rent increase shall become effective as of the date specified in the notice to affected tenants described in subsection A of this Section." SECTION 4. The Moorpark Municipal Code is hereby amended by revising (b) of subsection A(2) and subsection B(5)(a) both of Section 5.04.060 to read as follows: "(b) Remainder. The remainder of the space rent. This component may be increased by not more than the Consumer Price Index. In no event, however, shall the increase exceed five percent (5 %). Supporting documentation shall be filed to justify the requested increase." "B. Procedure (5) The Board may, with respect to: -3- cjk/ORD6168 (06/24/88) (a) The Operation and Maintenance component, approve or deny the increase noticed by the owner. Approval shall be based on a finding that the relevant portion of the Rent Schedule Form, as originally filed by the owner or as amended by the owner prior to the close of the hearing, is accurate, complete and in compliance with this Section. A reduction shall be based on a finding that circumstances, as determined by the Board, justify a lesser increase than that noticed by the owner." SECTION 5. The Moorpark Municipal Code is hereby amended by adding Section 5.04.135 to read as follows: "Section 5.04.135 - Hardship to Tenant. A. Statement of Hardship from Tenant. Any tenant affected by a proposed space rent increase or payments resulting from an approved amortization scheduled (collectively "the adjustment ") may file a statement of hardship with the mobile home park owner not less than forty -five (45) days prior to the effective date of the proposed adjustment. The statement shall identify whether all, or a portion, of the proposed adjustment constitutes an unreasonably severe economic hardship on the tenant. The statement shall be accompanied by a copy of the tenant's two (2) most recent federal tax returns together with all other documentation that the tenant believes is relevant to establishing the hardship. 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 with the Board a request to convene a review panel. The panel shall consist of the mayor, a council member selected by the mayor with approval of the city council and the owner. -4- cjk/ORD6168 (06/24/88) C. Process of Review The review panel, with the mayor acting as presiding officer, shall meet and confer with the tenant at a place on the mobile home park grounds furnished by the owner for that purpose. The date and time of the meeting shall be mutually convenient to the panel and the tenant, provide that the panel shall render its decision not more than thirty -five (35) days after the request was filed with the Board. At the meeting, the panel shall review the documentation provided by the tenant to the owner and shall hear from the tenant. If the panel determines that, on balance, the proposed adjustment constitutes an unreasonably severe economic hardship on the tenant, it may by majority vote order that the adjustment, or any portion thereof, be waived. The decision of the panel shall be final. D. Basis for Determination. Any tenant whose household income and monthly housing expense meet the criteria established by the Housing Assistance Payments Program under Section 8, existing housing provisions of the Housing and Community Development Act of 1974 (P.L. 93 -383) and the regulations pertaining thereto, or any successor program, shall be deemed to be suffering under unreasonably severe economic hardship. The burden of proof in establishing any other form of unreasonably severe economic hardship shall be on the tenant." SECTION 6. The Moorpark Municipal Code is hereby amended by revising Section 5.04.160 to read as follows: "Section 5.04.160 - Termination This Chapter shall remain in effect only until July 31, 1993 and as of that date shall expire, unless earlier repealed or extended by the City Council." SECTION 7. Severability. If any provision or clause of this Ordinance or the application thereof to any person or circumstance is held to be unconstitutional or to be otherwise invalid by a final judgment of any court of -5- cjk/ORD6168 (06/24/88) competent jurisdiction, such invalidity shall not affect any other 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. SECTION 8. This Ordinance shall take effect thirty (30) days after its passage and adoption. SECTION 9. The City Clerk shall certify to the passage and adoption of this Ordinance; shall enter the same in the book of original ordinances of said City; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published once in a weekly newspaper of general circulation, as defined in Section 6008 of the Government Code, for the City of Moorpark and which has been designated for that purpose. PASSED AND APPROVED this 29th day of 1988. John Patrick Lane, Mayor ATTEST: Maureen W. Wall, City Clerk i 1 J� -6- cjk/ORD6168 (06/24/88) June STATE OF CALIFORNIA ) COUNTY OF VENTURA ) SS. CITY OF MOORPARK ) I, Maureen W. Wall, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury, that the foregoing Ordinance No. 96 was regularly introduced and approved for first reading at a meeting of the City Council on the ?2nd day of June , 1988, by the following vote, to wit: AYES: Councilmembers Brown, Galloway, Harper, Perez and Mayor Lane. NOES: None. ABSTAIN: None. ABSENT: None. and, that said ordinance was duly approved for second reading and adopted at a meeting of the City Council on the 29th day of June 1988, by the following vote, to wit: AYES: Councilmembers Brown, Galloway, Harper, Perez and Mayor Lane. NOES: None. ABSTAIN: None. ABSENT: None. WITNESS my hand and the official seal of said City this 7th day of July 1 1988.