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Home My WebLink AboutAGENDA REPORT 1994 0216 CC REG ITEM 11FITEM A FL_ AGENDA REPORT CITY OF MOORPARK TO: The Honorable City Council f FROM: Jaime R. Aguilera, Director of Community Development-- Kathleen Mallory, Associate Planner ► �....; , DATE: February 9, 1994 (CC meeting of February 16, 1994) SUBJECT: CONSIDER AN ORDINANCE AMENDING THE MUNICIPAL CODE BY REVISING CHAPTER 5.52 RELATIVE TO MOBILEHOME PARK RENT STABILIZATION BACKGROUND On June 16, 1993, the City Council adopted Ordinance Number 171 which added a revised Chapter 5.52, entitled Mobilehome Park Rent Stabilization, to the Moorpark Municipal Code. Pursuant to Ordinance Number 171 (see attached), in order to raise the rent on specified mobilehome park units, the owner of the park must file a request to increase the mobilehome rent seventy -five (75) days prior to the effective date of the proposed rent increase. Effective January 1, 1994, California Civil Code Provisions ( Mobilehome Residency Law) Article 4, Section 798.30 (attached) state that the mobilehome park management shall give a homeowner written notice of any increase in his or her rent at least ninety (90) days before the date of the increase. Pursuant to Ordinance 171, notification must be filed with the board (City) prior to the proposed rent increase. The purpose of this staff report is to inform the City Council of staff's recommendation to amend Ordinance Number 171 in order to establish consistency between Ordinance Number 171 and the California Civil Code, relative to rent increase notification. DISCUSSION Ordinance Number 171 stipulates that in order for a rent increase to be considered, notification must occur with the City, seventy -five (75) days prior to the effective date of the proposed rent increase. To be consistent with California Civil Code, the attached Ordinance changes the seventy -five (75) day minimum notification period to ninety (90) days. KMP -02- 9- 94(4:15pm)AARENTN0T RPT The Honorable City Council February 9, 1994 Page 2 The attached Ordinance will be applicable to two Mobilehome Parks: Moorpark Mobilehome Park (83 High Street) and Villa del Arroyo (15750 Los Angeles Avenue). For the Council's information, the Property Owners, Property Managers and Home Owner's Association have been informed of the Council's consideration of this item; said Owners, Managers and Association will be informed of the Council's action. As originally drafted, Sections (Subsection A.3. of Section 5.52.050 and Subsection B.1. of Section 5.52.060) of Ordinance Number 171 were drafted requiring the, "owner to file with the board (City) a rent schedule form..." It is staff's understanding that the Council's intention was for the rent schedule form to be filed by either the property owner or the property manager, with signature being required by the property owner. Since adoption of Ordinance Number 171, said rent schedule forms have been filed by the property manager with the owners signature on the forrn The City Attorney has reviewed the attached Ordinance, and all recommended changes have been made to the Ordinance. RECOMMENDATION Introduce and conduct the first reading of the attached Ordinance. Attachments: California Civil Code, Article 4, Section 798.30 (Fees and Charges) Ordinance No. , amending Ordinance Number 171 KMP- 02 -9 -94 (4:15pm)A:\RE NTNOT. RPT California Civil Code Provisions Mobilehome Residency Law tCTIVF 7f' :I CONTENTS Article 1. General , 1 , P:.,, 'I hrough of Government Fee, 7" Citation and Applic:uu,n of Challter Articis- 5 Homeowner Communications 798 1 \pplicalimi of Definition, and Meetings 798? \lanagenrcnt I St.,tement of Legislative Intent 798 t \1ohilehonle < Rcutal :Agreements /Rule,. Prohibitions: Meetings. 798 -I Mobilehome Part. PUMI. Officials: Cama„ and Petition, 798 0 I'ark ; ` ' I l i -nletmner /Re,ident,. Action, 79 7 New Con,tru.tiull Article 5.5 Homeowners Meetings with 79x.x Krntal Avicement Management 79S') Honlco\\rncr \l,Inagemcnt; Meeting, with flumeo\ +ner,: Request. 7\)x Ili Chall:c of 1- ,. Mxicrs for Di,cu,sion: Notice 71,P, t 1 Re,idem Article 6 Termination of Tenancy 7')r+ I' I rn;ulry < .. f'n,tecuon from Actual or Constructive tylrtion; 79x 14 Notice,: Definer? Fc.:ninatual or Refusal n, Renew-'. Rea,ow,. Notice, lime Article 2. Rental Agreement " \t lnorvcd Rea „m, for I'crniouition. Copw\ u) 7vx i Kequtred ('ot lie nh: WIitul' . Cupues of MRt. to Hun,co\\Ilcl, ”, "h,l kwhi,.ti Rcsponsibilitie,of Legal O\anen 791" : h In. lo,ion of Other Pro\ Lion, ", ` 51:u; nu nt of Reamms in Notice ;')� 1 - 1 „n,' 1 Crin Ageernent. F\cm soon loan Runt Rc_ulalio:l Icllilrnauon to Make Space for Buyer of Mobilehome 79" I I'er loll ul \1 mien Agrec•menr, Comparable Montle \ n •..i Park (h \ner Prohih;ted "Friar ( h:ui•c, L,• 01)e Year a, for Month to Homco\cncr. W'11\(.1 tit Kr"ht,. Puhh, Pole\ , r I Alin. ation of her Lu\ \, c• \t•.Indoned M1Mobilehomc,. Dispo,iuon ?i)x Recrexion:ui vehicle,. De,i,n:acd Aims Article 7 Transfer of Mobilehome or Mobilehome Park 798.23 \pplicalion of Rules to Park Onners ,i \o \cru ang NX '= ( onunon Arc,, Facilule,• Boor, of Operitu,n I i,i ne or Shov,ow Mobilehome by Park O\ +ner Article 3. Rules and Regulations or \Ixiacer. \ lawn Authorization: Prohibition, 7vs ,< \ I I Wild mc:u, Nor1Gecuu,n to I I,Irlleow Ile II I rj,i,fer or Selling Fee. Keque,( for Ser\ ice. Prohihrtu,m 798.2�.� \rbitratinn � Remo\ al El ,on Sale to third Part : Condition, I lZlcht of I ;tin h\ M1t :ulaccnlelll I'n,,i Approval of Purchaser. Ground, for \\'ithholding: /oning or I ,c 1'cnnn,. l.e.iscs. Now "U loll to Inl•�ioung Flonleo\aner, Financial Repor(iRefund. Fuu; -I rams for :\ppro,,ll I,cl. I l,uoe. or 1 r,nl fer of Mobilehome to Remain nl Park. '• )� .'S \,mile. liu,nic„ ;1ddre„ Phone tit \lohilrh,ncr B Required Document,: I Illawful DcLujiaw !',irk O \\ n,•I I>nclosuie (' PUT, Baer. Conlpli:nrce \\ ah .Adults Only Rule 798.28.; 71)f, ' , \chicle Renum al Mobilehome Onlbudsrnxi. Name. Addre„ ,\ PI'c,nc. W\ ji \ei of Right,: Puhh. Policy Posting of tiler .• : ` }2ight�)Rc,pon,ihilnic, i,f Heir or Joint Fenant of O \yner 791 'i) , l Itihty Inicnuptiort, I -*oirrlosure of \Mobilehome: Sale toThrrd Party Article 4. Fees and Charges st' tialr of Park:laaing: Nottee to Residents s I 1,dr or Luring of Eked Mobilehome: Prohibited Act, .j 798 W \oreol Rcn se u l Increa of \lanaeenlent 79h +I tilholved f-cc, Article 8. Actions, Proceedings, and Penalties 798 i' Charge, fill t•nli,ted Scr \Ice,, voticC 74K .t t Pin, ` x I Not I,c (it Impendnrg Action by I lomeowners to 7' >8 t-1 (;oust,: Senior ('arrgnen I'ari. Nlana unenl }' 7v8 ;� Inunedl,ne Fanuly x \rtotney', Pecs and Co,i, 70 ;O, Rule F:nlorccnlenr, M11:u me nance or PICIIIINC, '•1, xh Willful Violation by Pall. Owner: Additional Penahy 798 t? 1.1111y. In,tall.iuon or Hookup FCe,. L,nkf,elpin�L :,I, :• _ Public Nuisance and M:nnten:mee Charee, "' \ Kulr Violation". Injunction 794 IS l tillty Mc:ci Ser\•tce: Billing. Kate Schedule Article 9. Subdivisions, Cooperatives, and 79s 1 \t \crurll� uepo,u, Condominiums 798 -1 S.'Curii\ Llrns: M11utual :\'regiment. SeParatr St:urnlcnt, 7,, Dellniuun, 798 t I scpar:nek St:ned l -11111\ Serytee,. Fxen\ptlo„ '" ' \d,; ril,ulg front Rent Control. Reduction In Rent „ .' I.i,iow or Showing Mobilehome by Ownership or 798 t' Violation, nt \1RL: Fine,: Penalties. I'ruhihiu,,;,, ^lan.lgenlent: Written Authorization hom P,I,siii_ Fhrough " "' yak to I'hird Party: Prohibition Again,t Required Removal 798 i 1 \la,tcr metered Ulditic,. I ,e of Horrtco\anr, , t Piioi Approval of Purchaser. Ground, for Withholding \1,nc1 lot Common Aiu,l Put, haler: Compliance \\Ith .Adult, OIll\. Rule Article 4.5 Rent Control ,it Ki_'h(s: Puhht. Policy 1�)x .t.1 {. \t'11111111,11. \�\ \( „11,1111111„11 -” 1 II -. tllle(I:II�III)Ill ORDINANCE NO. 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 B.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, ninety (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 prior 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." 1 SECTION 2. The Moorpark Municipal Code is hereby amended by revising Subsection B.1. of Section 5.52.060 to read as 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 invalid or unconstitutional. 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. 2 PASSED AND ADOPTED THIS day of , 1994. Mayor of the City of Moorpark ATTEST: Lillian E. Hare City Clerk