HomeMy WebLinkAboutORD 191 1994 0316ORDINANCE NO. 191
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, AMENDING THE MOORPARK MUNICIPAL CODE
BY REVISING CHAPTER 5.52 RELATIVE TO MOBILEHOME
PARK RENT STABILIZATION
WHEREAS, on June 16, 1993, the City of Moorpark adopted Ordinance No. 171
adding Chapter 5.52 of the Moorpark Municipal Code pertaining to Mobilehome Park
Rent Stabilization; and
WHEREAS, the City Council has determined that there is a continuing need for
mobilehome park rent stabilization; and
WHEREAS, Chapter 5.52, Sections 5.52.050, Subsection A.3 and 5.52.060,
Subsection 13.1. indicate that seventy -five (75) day notification is required for a space rent
increase; and
WHEREAS, pursuant to the California Civil Code, Article 4, Section 798.30 (entitled
Fees and Charges), effective January 1, 1994, -iinety (90) day notification is now required
for a base rent increase.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, DOES ORDAIN AS FOLLOWS
SECTION 1. The Moorpark Municipal Code is hereby amended by revising
Subsection A.3. of Section 5.52.050 to read as follows.
" Not less than ninety (90) days prioi to the effective date of the proposed
increase, the owner or property manager shall file 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 the owner or property manager has served
each affected tenant, personally or by mail, with the notice. The notice shall state
(a.) the number of the space or other means by which the space is routinely
identified; (b.) the proposed rent for the space and the effective date thereof; and
(c.) 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."
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SECTION 2. The Moorpark Municipal Code is hereby amended by revising
Subsection B.1. of Section 5.52.060 to read a5 follows
"Not less than ninety (90) days prior to the effective date of the proposed increase,
the owner or the property manager shall file with the board a rent schedule form
and supporting documentation together with proof that the owner or property
manager has 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 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 "
SECTION 3. 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 effect 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 or portion
thereof. irrespective of the fact that any one or more sections, subsections, sentences.
clauses, phrases, parts or portions be declared nvalid .)r ,inconstitutional.
SECTION 4. This Ordinance shall become effective thirty (30) days after its
passage and adoption
SECTION 5. 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 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.
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PASSED AND ADOPTED THIS 16th _day of MARCH , 1994.
ATTEST:
Lillian E. Hare
City Clerk
r
Mayor oft City of Mo ark
o /c
MOORPARK
799 Moorpark Avenue Mo orpark, 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. _ 191___ was adopted by the
City Council of the City of Mo:)rpark at a meeting held on
the 16th day of ___ _ MAk -, ri , 1994, and that
the same was adopted by the f (). .::)w I nq vote:
AYES: COUNC I LMEMBE RS HUNTER. M(^ -h0ML u` . PE RE Z AND MAYOR LAWRASON
NOES: NONE
ABSENT: COUNCILMEMBER WOZNIAK
ABSTAIN: NONE
WITNESS my hand and the official seal of said City
this 17th day of _ MARCH 1 1994.
1 1 ian E. Hare
City Clerk
PAUL W LAWRASON JR PATRICK HUNTER SCOTT MONTGOMERY BERNARDO M. PEREZ JOHN E WOZNIAK
Mayor Mayor Pro Tern Councrlmembe• Councilmember Concilmember