HomeMy WebLinkAboutORD 171 1993 0616ORDINANCE NO. 171
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, ADDING CHAPTER 5.52,
MOBILEHOME PARK RENT STABILIZATION, TO THE
MOORPARK MUNICIPAL CODE, EFFECTIVE JULY 31,
1993
WHEREAS, on June 29, 1988, the City of Moorpark adopted
Ordinance No. 96 which extended the termination date of the City's
Mobile Home Rent Stabilization Ordinance Numbers 29, 51, 96, 119,
142, and 153, codified at Chapter 5.52 of the Moorpark Municipal
Code, to July 31, 1993; and
WHEREAS, the City Council has determined that there is a
continuing need for mobilehome park rent stabilization as expressed
in Section 5.52.010, Purpose and Intent, of existing Chapter 5.52;
and
WHEREAS, the City Council has determined that an
automatic termination date should not be included within Chapter
5.52;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 5.52 of the Moorpark Municipal Code
is hereby added to the Moorpark Municipal Code, effective July 31,
1993, to read in its entirety as follows:
"Chapter 5.52
MOBILEHOME PARK RENT STABILIZATION
Sections:
5.52.010 Purpose and intent.
5.52.020 Definitions.
5.52.030 Exemptions.
5.52.040 Rent increase -- Legality.
5.52.050 Standard space rent increase.
5.52.060 Rent increase -- Determination of allowable operation
and maintenance and remainder increases.
5.52.070 Rent increase -- Discretionary.
5.52.080 Authorization of capital improvements and
rehabilitation work.
5.52.090 Conduct of meetings and hearings.
5.52.100 Retroactive increases or refunds.
5.52.110 Procedural irregularities.
5.52.120 Notice to new tenants.
5.52.130 Tenant's right of refusal.
5.52.140 Hardship to tenant.
5.52.150 Retaliatory eviction.
5.52.160 Civil remedies.
5.52.010 Purpose and intent. There is presently within the
city a shortage of spaces for the location of mobilehomes. Because
of this shortage, there is a low vacancy rate and rents have for
several years risen rapidly and caused concern among a substantial
number of city residents. Because of the high cost of moving
mobilehomes, the potential for damage resulting therefrom, the
requirements relating to the installation of mobilehomes, including
permits, landscaping and site preparation, the lack of alternative
home sites for mobilehome residents and the substantial investment
of mobilehome owners in such homes, a virtual monopoly exists in
the rental of mobilehome spaces, creating a situation where park
owners have unbridled discretion and ability to exploit mobilehome
park tenants. For these reasons, among others, the city council
finds and declares it necessary to protect the owners of
mobilehomes from unreasonable rent increases, while at the same
time recognizing the need of park owners to receive a fair return
on their property and rental income sufficient to cover increases
in the costs of repairs, maintenance, insurance, employee services,
additional amenities and other costs of operation.
5.52.020 Definitions. For the purposes of this chapter, the
terms set forth in this section shall have the following meanings:
"Accurate" means correct mathematically on the rent schedule
form and any supplemental application material.
"Capital improvement" means any addition of betterment made to
a mobilehome park which consists of more than mere repair or
replacement of existing facilities or improvements which has a
useful life of five ( 5 ) or more years, adds to the value of the
property and appreciably prolongs it useful life and which may be
amortized in accordance with applicable Internal Revenue Code
regulations.
"City staff" or "staff" means the staff of the city.
"Complete" means rent schedule forms filed are filled out
properly.
"Compliance" means the submittal of rent schedule forms and
other requested material, documentation, information and responses
to staff questions to comply with Section 5.04.060 of this chapter.
"Consumer price index" means 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).
"Mobilehome" means a structure with dimensions larger than
eight (8) feet by forty (40) feet or size larger than three hundred
twenty (320) square feet designed for human habitation, transported
over streets and highways to a permanent occupancy site, and
installed on the site either with or without a permanent
foundation.
"Mobilehome park" or "park" means an area of land in the city
where two (2) or more mobilehome spaces are rented or leased out
for mobilehomes used as residences. "Mobilehome park" does not
include developments which sell lots for mobilehomes or
manufactured housing, or which provide condominium, community
apartment or stock cooperative ownership, even if any homes in the
development are rented or leased out. "Mobilehome park" includes
"trailer park."
"Mobilehome park owner" or "owner" means the owner, lessor,
operator or manager of a mobilehome park. "Mobilehome park owner"
includes trailer park owner.
"Mobilehome tenant" or "tenant" means any person entitled by
written or oral agreement or by sufferance to occupy a mobilehome
park space to the exclusion of others. "Mobilehome tenant"
includes "trailer park tenant."
"Mobilehome park rent review board" or "board" means the city
council of the city of Moorpark.
"Net operating income" means gross income less operating
expenses. "Gross income" includes the sum of the gross space rent
plus other income generated as a result of operating the park
(i.e., laundry facilities, recreational vehicle storage, etc.) plus
revenue received from the sale of utility services (gas, water,
electricity, cable TV, refuse, etc.) where such utilities are
billed individually to the tenants by the owners. Operating
expenses include the costs of operation and maintenance, as defined
on the rent schedule forms.
"Operation and maintenance" means services provided by the
owner related to the use or occupancy of a mobilehome park space,
including, but not limited to, water and sewer, natural gas,
electricity, refuse removal, management and administration
(including employee salaries and fringe benefits), maintenance and
repairs, supplies, advertising, recreation facilities, laundry
facilities, parking, security services, insurance, property taxes,
other governmental assessments and other costs reasonably
attributable to the operation or maintenance of the park. The term
"operation and maintenance" shall not include legal fees related to
rent stabilization or tenant relations, costs incurred in
proceedings related to this chapter, or mortgage payments, whether
for principal, interest, or both.
"Rehabilitation work" means work done on or in a mobilehome
park in order to comply with an order issued by the city, county or
other public agency, or to repair damage resulting from fire,
earthquake or other natural disaster.
"Rent schedule forms" means forms, including any accompanying
instructions, provided by the city and required to be filed by the
owner for a proposed rent increase.
"Space rent" means the consideration, including any bonuses,
benefits or gratuities, demanded or received in connection with the
use and occupancy of a space in a mobilehome park, or for the
services provided, but exclusive of any amount paid for the use of
a mobilehome or trailer, or utility charges or trash charges which
are billed separately whether or not the units are individually
metered. "Space rent" does not include (1) reasonable user fees
for services actually rendered to some, but not all, of the tenants
of a park, or (2) any amount paid as a result of board approved
capital improvements or rehabilitation work.
"Space rent occupancy charge" 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.
"Trailer" means a structure with dimensions of eight (8) feet
by forth ( 40 ) feet or less, or a size of three hundred twenty ( 320 )
square feet or less, designed to be drawn by a motor vehicle and to
be used for human habitation or for carrying persons and property,
including a trailer coach or house trailer.
5.52.030 Exemptions. The provisions of this chapter shall not
apply to the following:
A. Mobilehome park spaces rented for nonresidential uses;
B. Mobilehome parks, the construction of which began after
September 1, 1982; provided, however, that additional spaces
created by the expansion of existing parks are not exempted from
the provisions of this chapter. For the purposes of this section,
"construction" means the erection of structures;
C. Mobilehome parks owned, leased, managed or operated by
the United States government, the state, the county, or the city;
D. Tenancies which do not exceed an occupancy of twenty (20)
days and which do not contemplate an occupancy of more than twenty
(20) days;
E. Mobilehome parks which are occupied by less than five ( 5 )
mobilehomes or trailers;
F. Tenancies covered by leases or contracts which provide
for more than a month -to -month tenancy. This exemption is only for
the duration of such lease or contract. Upon the expiration or
other termination of any such lease or contract, this chapter shall
immediately be applicable to the tenancy.
5.52.040 Rent increase -- Legality. A. Compliance with
Chapter. On and after the effective date of the ordinance codified
in this chapter, it is unlawful for any owner to (1) 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 (2) fail to comply with any provision of this
chapter.
B. Effect on leases. In any application for a space rent
increase under this chapter, the owner shall indicate which, if
any, of the mobilehome park spaces are covered by leases or
contracts which provide for more than a month -to -month tenancy,
together with the expiration date of each such lease or contract.
Any space rent increase approved by the board under this chapter
shall not be applicable to spaces covered by such leases or
contracts during the terms of such leases or contracts. Upon the
expiration of each such lease or contract the space rent contained
in that lease or contract shall remain in effect until the next
rent adjustment for the particular mobilehome park is decided by
the board. This subsection is not intended to preclude the
extension or commencement of any lease or contract.
C. Effect on Space Rent Occupancy Change. Upon a space rent
occupancy change that occurs on or after November 6, 1992, 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).
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 greater of four percent (4 %) or 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 above four percent (4%) 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 %).
2. 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 mobilehome park.
3. Not less than seventy -five (75) days prior to
the effective date of the proposed increase, the owner filed 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. The notice shall state (i) the number of
the space 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
mobilehome 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.
4. If a space rent increase exceeds subsection A, the
proposed increase may not be implemented by the owner unless and
until approved by the board in accordance with Section 5.52.060.
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.
5.52.060 Rent increase -- Determination of allowable operation
and maintenance and remainder increases. A. Basis for
Determination.
1. The proposed space rent increase shall become
effective no sooner than one (1) year from the date of the last
increase became effective at the particular mobilehome park.
2. For purposes of determining allowable increases, the
space rent shall be divided into two components as follows:
a. Operation and Maintenance. The portion of the
space rent attributable to the cost of operation and maintenance.
This component shall be increased as necessary to cover documented
increases in this component. Increases in income from other park -
related sources shall be deducted in determining the amount of
increase in costs. In the event a mobilehome park owner who does
not separately bill utilities converts from a commonly shared
metered system to each space, or when the owner initiates a
segregated charge or a separate trash or utility billing to the
space, the owner shall file a written report of such change with
the board on or before the effective date of the charge. The board
shall determine the amount to be deducted from the space rent as a
result of such separate charges or billing. Thereafter, such
charges or billings shall not be a part of space rent.
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.
3. Calculations of space rent increases for the
particular mobilehome park, as provided in this section, shall be
based upon the consecutive twelve (12 ) month period ending four ( 4 )
months prior to the effective date of the proposed increase. In no
event, however, shall the operation and maintenance component for
any month, or portion thereof, be used in the calculations for more
than one space rent increase.
B. Procedure.
1. Not less than seventy -five (75) days prior to the
effective date of the proposed increase, the owner shall file with
the board of a rent schedule form and supporting documentation
together with proof that he served each affected tenant, personally
or by mail, with written notice of the proposed increase. The
written notice shall state
a. the proposed rent and effective date thereof,
and
b. 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
mobilehome 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, calculated according to
subsection A of this section, and shall include documentation
supporting the requested increase in the remainder component.
2. The owner shall deposit one thousand dollars
($1,000.00) as a fee to cover the costs of processing the proposed
space rent increase. Upon conclusion of such processing, the
balance of the deposited processing fees, if any, shall be refunded
to the owner. If additional costs are incurred, the owner shall be
billed for, and shall be liable for, payment of such additional
costs.
3. The board shall hear any request complying with the
requirements of subdivisions 1 and 2 of this subsection not later
than forth -five (45) days after receipt thereof. At least (10)
days prior to the hearing, the board shall give written notice of
the time and place set for the hearing to the owner, the tenants'
representative and any person who has filed with the city clerk a
written request to be notified. No hearing or any part thereof may
be continued beyond twenty (20) days after the initial hearing date
without the owner's consent. If the board approves the increase as
requested, or lower than requested, the same shall take effect as
noticed by the owner or as the board may otherwise direct.
4. The board shall make a final decision no later than
ten (10) days after the conclusion of the hearing. The board's
decision shall be based on the preponderance of the evidence
submitted at the hearing. The owner and all tenants requesting
written notice shall be advised of the board's decision and given
a copy of the findings upon which the decision is based. The
decision of the board shall be final.
5. The board may, with respect to:
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.
b. The remainder component, (i) approve the
increase noticed by the owner, in whole or in part, based upon a
finding that the increase, as approved, permits a fair return and
sufficient rental income in accordance with the purpose and intent
of this chapter or (ii) deny in total the increase noticed by the
owner, based upon a finding that an increase shall not be necessary
for the owner to receive a fair return and sufficient rental income
in accordance with the purpose and intent of this chapter.
5.52.070 Rent increase -- Discretionary. A. Basis for
Determination.
1. An owner may apply to the board for a discretionary
space rent increase above that otherwise allowed by Section
5.52.050 or 5.52.060 of this chapter in cases where he contends
that the facts and circumstances of the particular case warrant
such an increase. It is not the intent of this section to require
the owner to justify space rent increases previously approved by
the board.
2. It shall be the responsibility of the owner to
provide sufficient supporting documentation to justify the
requested increase. The supporting documentation must demonstrate
that as a result of one (1) or more factors, as proposed by the
owner, an increase not otherwise allowed by Section 5.52.050 or
5.52.060 of this chapter is necessary to permit a fair return and
sufficient rental income in accordance with the purpose and intent
of this chapter. The owner shall comply with any staff request for
additional documentation to permit evaluation of the requested
increase.
3. No increase in space rent shall be approved because
of increased principal, interest or other expenses resulting from:
a. The refinancing of the mobilehome park;
b. The sale of the mobilehome park, except for
changes to property taxes and /or other governmental assessments as
a result of such sale;
C. Capital improvements;
d. Rehabilitation work.
B. Procedure.
1. The procedures set forth in subsection B(1 - -4) of
Section 5.52.060 of this chapter shall be applicable to
discretionary space rent increases, except that the initial deposit
shall be one thousand five hundred dollars ($1,500.00).
2. The board shall with respect to space rent increase
noticed by the owner, (1) approve the increase, in whole or in
part, based upon a finding that the increase, as approved, permits
a fair return and sufficient rental income in accordance with the
purpose and intent of this chapter, or (2) deny in total the
increase, based upon a finding that an increase is not necessary
for the owner to receive a fair return and sufficient rental income
in accordance with the purpose and intent of this chapter.
5.52.080 Amortization of capital improvements and
rehabilitation work. A. Basis for Determination.
1. An owner may apply to the board for approval of a
capital improvement or rehabilitation work amortization schedule
within twelve (12) months after completion of the improvement or
work. It is not the intent of this section to require the owner to
justify the improvement or work, provided that the improvement or
work satisfies the definition of either a capital improvement or
rehabilitation work.
2. It shall be the responsibility of the owner to
provide sufficient supporting documentation to demonstrate that the
improvement or work satisfies the definition of either a capital
improvement or rehabilitation work and to justify the requested
amortization schedule. The owner shall comply with any staff
request for additional documentation to permit evaluation of the
requested schedule.
3. The amortization schedule shall spread the cost of
the capital improvement or rehabilitation work uniformly among all
of the mobilehome park spaces in the particular mobilehome park,
including spaces covered by leases or contracts which provide for
more than a month -to -month tenancy, unless the owner can
demonstrate with supporting documentation that the improvement or
work does not benefit all of the spaces or that the spaces are not
uniformly benefitted.
B. Procedure.
1. The procedures set forth in subsection ( B ) (1--4) of
Section 5.52.060 of this chapter shall be applicable to the
amortization schedule for a capital improvement or rehabilitation
work, except that:
a. The owner shall file an amortization schedule
in place of a rent schedule form. The schedule shall show that the
improvement or work satisfies the definition of either a capital
improvement or rehabilitation work, the total cost of the
improvement or work and the amortization of such cost by mobilehome
park space on a monthly basis.
b. The initial deposit shall be one thousand five
hundred dollars ($1,500.00).
2. The board shall approve, in whole or in part, the
amortization schedule noticed by the owner, based upon findings
that:
a. The improvement or work satisfies the
definition of either a capital improvement or rehabilitation work;
b. The amortization schedule spreads the cost of
the capital improvement or rehabilitation work to all of the
mobilehome park spaces that are benefitted, consistent with
subsection (A) (3) of this section;
C. The financing of the improvement or work is at
an interest rate that does not exceed the rate generally available
to preferred customers for similar projects from commercial lending
institutions located in Ventura County; and
d. The amortization schedule permits a fair return
and sufficient rental income in accordance with the purpose and
intent of this chapter.
C. Effect of Amortization Schedule. No owner shall demand
or receive in connection with the use and occupancy of a space in
a mobilehome park any consideration, including bonuses, benefits or
gratuities, for any capital improvement or rehabilitation work,
unless an amortization schedule has been approved by the board as
set forth in this section. The amount a tenant is to pay pursuant
to an approved amortization schedule shall be in addition to, and
not part of, the space rent. Such amount shall not be used in
calculating any increase in space rent.
5.52.090 Conduct of meetings and hearings. Meetings and
hearings of the board shall be conducted in accordance with the
following:
A. Except as authorized by state law, all meetings and
hearings conducted by the board shall be open to the public.
B. All parties to a hearing may have assistance from an
attorney or such other person as may be designated by said parties
in presenting evidence or in setting forth by argument their
position. All witnesses shall be sworn in and all testimony shall
be under penalty or perjury.
C. In the event that either the owner or any interested
tenant(s) should fail to appear at the hearing at the specified
time and place, the board may hear and review such evidence as may
be presented and make such decisions as if both parties had been
present.
D. All hearings shall be tape recorded. Tapes shall be
preserved for two (2) years, or longer if requested by any party
affected by the hearing.
5.52.100 Retroactive increases or refunds. A. The
procedures of this chapter are intended to result in a final
decision prior to the effective date of a proposed space rent
increase. If staff or board actions do not result in a final
decision by the effective date of the proposed increase, the
decision shall be retroactive to the noticed effective date. The
tenants shall pay the retroactive amount to the owner within thirty
(30) days after the decision of the board is announced.
B. If the board finds that a space rent increase went into
effect in violation of this chapter, or any portion thereof, the
owner shall refund the amount of the increase to the tenant(S)
within thirty (30) days after the decision of the board.
5.52.110 Procedural irregularities. Formal rules of evidence
or procedure which must be followed in court shall not apply to the
board proceedings, except to the extent that the board shall
determine. No action the board shall be held void or invalid or be
set aside by any court on the ground of the improper admission or
rejection of evidence, or by reason of any error, irregularity,
informality, neglect or omission (hereinafter called "error ") as to
any matter pertaining to applications, notices, findings, records,
hearings, reports, recommendations, or any matters of procedure
whatever, unless after an examination of the entire case, including
the evidence, the court shall be of the opinion that the error
complained of was prejudicial, and that by reason of such error the
party bringing the action or suit sustained and suffered
substantial injury, and that a different result would have been
probable if such error had not occurred or existed. There shall be
no presumption that error is prejudicial or that injury was done if
error is shown.
5.52.120 Notice to new tenants. Prior to, or at the time of,
agreeing to rent 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.
5.52.130 Tenant's right of refusal. A tenant may refuse to
pay any increase in space rent which is in violation of this
chapter. Such refusal to pay shall be a defense in any action
brought to recover possession of a mobilehome park space or to
collect the space rent increase.
5.52.140 Hardship to tenant. A. Statement 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
mobilehome 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 councilmember selected by the mayor with approval of the city
council and the owner.
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 mobilehome 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, provided 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 be
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.
5.52.150 Retaliatory eviction. Notwithstanding Section
5.52.130 of this chapter, in any action brought to recover
possession of a mobilehome park space, the court may consider as
grounds for denial any violation of any provision of this chapter.
Further, the determination that the action was brought in
retaliation for the exercise of any rights conferred by this
chapter shall be grounds for denial. Any action brought within
three (3) months of the determination of a request for a space rent
increase pursuant to Section 5.52.060 or 5.52.070 of this chapter,
including a determination made as a result of a petition filed with
the board by a tenant pursuant to Section 5.52.050 of this chapter,
shall be presumed to be retaliatory. This presumption affects the
burden of proof and if rebuttable by the owner.
5.52.160 Civil remedies. If any owner demands, accepts,
receives or retains any payment of space rent in excess of the
maximum approved by the board under this chapter, the tenants
affected by such violation, individually or by class action, may
seek relief in a court of competent jurisdiction for injunctive
relief or damages or both. In any such court proceeding, the
prevailing party shall be awarded his reasonable attorney's fees
and court costs. In its discretion and in addition to any other
relief granted or damages awarded, the court shall be empowered to
award to each tenant who is a party to the action or suit, civil
damages in the sum of not more than three (3) times the total
monthly space rent demanded by the owner from each such tenant in
violation of this chapter."
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. This Ordinance shall become effective on July
31, 1993.
SECTION 4. 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 the Moorpark News -
Mirror, a weekly newspaper of general circulation, as defined in
Section 6008 of the Government Code, for the City of Moorpark, and
which is hereby designated for that purpose.
PASSED AND ADOPTED this 16th day of JUNE , 1993.
!1
Mayor of t e City of Mo ark
ATTEST:
U '
MOORPARK
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Lillian E. Hare, City Clerk of the City of Moorpark,
California, do hereby certify under penalty of perjury that
the foregoing Ordinance No. 171 was adopted by the
City Council of the City of Moorpark at a meeting held on
the 16th day of JUNE , 1993, and that
the same was adopted by the following vote:
AYES: COUNCILMEMBERS HUNTER, MONTGOMERY, PEREZ, WOZNIAK AND MAYOR LAWRASON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
WITNESS my hand and the official seal of said City
this 17th day of JUNE , 1993.
Lillian E. Hare
City Clerk
PAUL W. LAWRASON JR SCOTT MONTGOMERY PATRICK HUNTER BERNARDO M PEREZ JOHN E WOZNIAK
Mayor Mayor Pro Tern Councllmember Counc4lmember Counalmember
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