HomeMy WebLinkAboutAGENDA REPORT 1991 0605 CC REG ITEM 09AITE A.
MOORPARK. CALIFORNIA
799 Moorpark Avenuf Moorpark, California
M E M O R A N D U M
TO: The Honorable City Council
FROM: Patrick J, Richards, Director of Community
Development
DATE: May 30, 1991 (City Council Meeting 6 -5 -91)
SUBJECT: PROPOSED AMENDMENTS TO THE CITY'S HOME
OCCUPATION PERMIT PROCESS TO INCLUDE A FIVE
YEAR PERMIT DURATION AND A PROCESSING FEE
BACKGROUND
=_1 , j
pll�
On February 20, 1991, City Council directed staff to report back
with specific recommendations for amending the City's Home
Occupation Permit process. The amendment proposes time limits and
a processing fee.
DISCUSSION
Currently, there are no permit duration Limitations stipulated for
Home Occupation Permits. These permits are issued for an indefinite
time period unless there is an unusual circumstance causing a
violation of the permit. Within section 5.88.020 (d) the following
is proposed:
A Home Occupation Permit processing fee established by
City Council resolution shall be paid at the time the
Letter of Intent, or the request for renewal is
submitted. This processing tee shall be refunded only if
the initial permit request denied.
The permit is valid for a period of five (5) years,
unless it is revoked due to .)ne of the following:
Non- approved changes to the tisiness have occurred, expiration
of, or failure to secure a Business registration or license
when applicable, or any ot,er vioLations as stipulated in
Section 5.88.030 of the Ci.t:} Of Moorpark Municipal Code.
PAUL W. LAWRASON JR BERNARDO M PEREZ
SCOn M+ aTGOMER' ROY E TALLEY JR- JOHN E. WOZNIAK
Mayor Mayor Pro Tern :nu 1, . err )F
Councilmember Councilmember
The Honorable City Council
Page -2-
The current procedure does not allow for the City to properly
monitor any changes in home occupation operations, that may be
violations of the criteria set forth in the Ordinance. Currently
violations are brought to the CLty's attention at the time of a
complaint. Home Occupation Permits could be renewed on a yearly
basis, during the renewal of a Business Registration. Reminder
notices could be sent at the same time as the notices for Business
Registrations are sent.
Processing of a request for a Hume Occupation Permit requires an
average of three hours of staffs time. Processing a single Home
Occupation Permit can involve site inspections, phone calls, follow
up correspondence along with other investigative procedures. These
actions add up to a considerable amount of City resources being
utilized to obtain the informati:,n needed prior to any approval.
Currently no fees are charged fc: r Home Occupation Permits. As a
means for the City to recover at least some of the costs of
processing Home Occupation Permit, a fee that is equivalent to the
then hourly rate of the Community Development staff for planning
permits, should be added to the C:Gty's Land Development Processing
Fee Schedule. The current hour;_y rate is $71.00. This Home
Occupation fee would be refundable only if the initial permit
request is denied . This fee is considered appropriate based on
staffs processing time. Businesses operating under a Home
Occupation Permit obtain certain monetary advantages which include
but are not limited to: Income Tax write offs when a particular
area of the home is designated `,>r business purposes, and money
that is saved on the ove.rh(+ )d cots such as rent
transportation costs.. , and
RECOMMENDATIONS
1. That the City Council introduce for first reading the proposed
ordinance which amends Chapter 5.88 of Title 5 of the Moorpark
Municipal Code regarding Home Occupation Permits, Boutique
Sales, and Garage Sales.
2. That the City Council set fol. public hearing on June 19, 1991
the attached resolution of the City of Moorpark Land
Development Processing Fee Schedule so as to include a $71.00
non - refundable fee for Home ccupation Permits.
ATTACHMENTS
1. Proposed revised Draft Ordinan(:«:a Chapter 5.88
2. Proposed Fee Amendment Resolut
proposed revised Fee Schedule .:)n Draft with attachment A,
ORDINANCE NO 91-
AN ORDINANCE OF THE CITY COUNCIL OF MOORPARK,
CALIFORNIA, AMENDING CHAPTER 5.88 OF TITLE 5
OF THE MOORPARK MUNICIPAL CODE TO REVISE
REGULATIONS PERTAINING TO HOME OCCUPATIONS,
BOUTIQUE SALES AND GARAGE SALES
WHEREAS, public notice having
manner as required by law, the City
considered proposed amendments t
pertaining to Home Occupations, Bou
a public hearing on May 1, 1991, ar
been given in time, form and
Council of the City of Moorpark
o Chapter 5.88 of Title 5
tique Sales and Garage Sales at
d has reached its decision;
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, DOES ORDAIN AS FOLLOWS
SECTION 1. That Chapter 5.98 to Title 5 of the Moorpark
Municipal Code is hereby amended t read as follows:
'CHAPT] "R 5.88
HOME OCCUPATIONS, BOUTIQUE SALES, AND GARAGE SALES
Section 5.88.10 - Definitions
(A) Home Occupations -
within a dwelling and carrie
use is clearly incidental an d
for dwelling purposes and
thereof or does not adversel
of which it is a part.
tomarily conducted entirely
inhabitants thereof, which
to the use of the structure
not change the character
uses permitted in the zone
Any use cus
d on by the
secondary
which does
y
affect the
(B) Boutique Sales- A sale from a residence or residential
property of small handcrafted items. These items may include, but
are not limited to, the following: Items produced by sewing,
needlework, ceramics and woodworkirq.
(C) Garage Sales- A sal
property _of personal property
previously by an individual or
where the sale is conducted.
included within the definition
sale' shall not include the mere
items of personal. property wh e
general sale of a number of ite
e from a residence or residential
which has been owned or used
resident residing on the premises
A yard or patio sale shall be
of ''garage sale'. The term 'garage
incidental sale of one or two (2)
n uch sale is not a part of a
ms personal property.
Section 5.88.020 - Criteria and Limitations for Home Occupations,
Boutique Sales and Garage Sales
(A) Application Processing
(1) Home Occupations
Shall be permitted in all residential zones, provided the home
occupation is approved by the Director of Community
Development as a valid use acrd with the following
criteria and conditions as they pertain to the permit:
(a) The applicant(s) shall provide a Letter of Intent
which explains the proposed home occupation and any potential
impact on adjacent properties or the neighborhood.
(b) The Letter of Intent shall be submitted to the
Community Development Department with pre - addressed business
envelopes and adequate postage which will then be mailed by
the Department of Community Development to the affected
property owners, as defined on the Assessor's Parcel Map(s) by
the Community Development D_ire,�tor or his designee as the area
of concern.
(c) The property owner:: recipients of the Letter of
Intent shall have ten (10) days in which to submit a written
response to the proposed home occupation. The Community
Development Director shall evaluate the written responses and
shall either issue the permit or determine that the
application for a Home Occupat on Permit shall be heard by the
Planning Commission.
3
(2) Boutique Sales
Shall be permitted in all residential zones, provided the
boutique permit is approved by the Director of Community
Development as valid and conforming with the following
criteria and conditions as they pertain to the permit:
(a) The applicant(s) shall provide a copy of their
Seller's Permit issued by the California State Board of
Equalization, and shall complete an approved Business
Registration Permit. After the City has received a copy of the
sellers permit and an approved business registration permit,
a Standard Zoning Clearance will be issued to the
applicant(s). The applicant s) shall be required to pay the
standard fee for the Busines!; Registration Permit and Zoning
Clearance.
(3) Garage Sales
Shall be permitted in all residential zones, provided the
garage sale is valid and conforming with the criteria and
conditions identified in this chapter. No application
processing shall be required. The City shall, however,
monitor garage sales to ensure compliance with the criteria
and limitations identified in subsection (B) of this Section.
(B) Permit Criteria and Limitations
(1) Home Occupations
4
(1) Home Occupations
(a) The carrying on of any business within the home
shall be as a secondary use.
(b) If the residence is m)t owner- occupied, the resident
must provide written permissi��n from the property owner to
conduct a home occupation.
(c) No accessory strucl.ure shall be used for home
occupation purposes.
(d) No more than one (1 ) �ymployee, other than residents,
shall be permitted.
(e) The use shall not generate pedestrian or vehicular
traffic beyond that normal to 'he zoning district in which it
is located.
(f) No identifiable commercial vehicle over five -
thousand (5,000) pounds gross weight in connection with the
home occupation shall be permitted as limited by Ordinance No.
53.
(g) No more than one (1) identifiable commercial vehicle
five - thousand (5,000) pounds gross weight or less in
connection with the home occupation shall be permitted.
(h) The home occupation shall not involve the use of
signs, merchandise, products or other material or equipment to
be displayed for advertising ,Nurposes.
(i) No outside storage of materials shall be permitted,
and no storage of equipment shall be maintained on the
property as it relates to construction or similar occupations.
(j) No use shall be permitted which, by reason of color,
design, materials, construction, lighting, signs, noise or
vibrations, alters the resident.ial character of the premises,
or which unreasonably distur�,s the peace and quiet of the
surrounding residents.
(k) The home occupation ..ise shall be limited to no more
than_ twenty percent (20 %) of the gross floor area of the
dwelling. The storage of relam..ed material must be maintained
in the designated area as approved by the Director of
Community Development.
(1) The Home Occupation permittee must possess a valid
Moorpark City Business Registration Permit, which shall be
reviewed and renewed annually
5
(m) Only one (1) home occupation may be conducted in the
dwelling unit.
(n) There shall be no storage of flammable, toxic,
hazardous, combustible materials indoors or outdoors,
including, but not limited to, gasoline, solvent or gun powder
for purposes other than permit ted in, the zoning district.
(o ) The garage or carport shall not be used for home
occupation or business purpose. There will be no storage of
material and /or supplies is the garage or carport not
recognized as being part of normal household or hobby use.
(p) The use shall not oe such as to create excessive
demand for municipal or utility services or community
facilities beyond those actual ly and customarily provided for
residential uses..
(q) There shall be no use on the premises of material or
mechanical equipment not recognized as being part of normal
household or hobby use.
W Other specific conditions that may be deemed
necessary by the Director of Community Development or Planning
Commission WM%M@-
(2) Boutique Sales
(a) No more than three (3) boutique sales shall be
conducted on the premises in any calendar year; provided,
however, a fourth sale shal.i be permitted if satisfactory
proof of a bonafide change in ownership of real property is
first presented to the Director of Community Development or
his duly authorized representative. No single sale event
shall be conducted for longer than three ( 3 ) consecutive days.
Boutique sales shall not be held for more than two (2)
consecutive weekends. Each weekend that sales are conducted
shall constitute a single sale event. Boutique sales shall
be conducted between the hours of 9 :00 a.m. and 6:00 p.m.,
with the exception that one J) evening during the week a
boutique sale may be conducte,:4 until 9:00 p.m.
R
(b) Property offered fox sale at a boutique sale may be
displayed on a driveway, in a house, and /or in a rear yard,
but only in such areas. No property offered for sale at a
boutique sale may be displayed in any front yard (except paved
driveway) or in any public right -of -way.
(c) A maximum of eight 8) off - -site directional signs,
not to exceed 18 inches by '4 inches, shall be permitted.
Written permission to erect signs on private property must be
obtained from the property owners of the site where such signs
are to be placed. This wr_..tten authorization shall be
provided to the City upon request. Signs may be displayed
only during the hours the boutique sale is actively being
conducted and shall be removed at the close of the sale
activities each day. No signs sha11 be placed on utility
poles or in the public right -, -f -way.
(d) A nonprofit organizcition or association of persons
may conduct a boutique sale at the residence of one or more of
its members pursuant to all of the requirements of this
section. One such sale may be held per year without such sale
being deemed one chargeable t> the premises in question for
the purpose of applying than three (3) sales per year
limitation set forth in subse-ti.on (I ) of this section.
(e) No boutique sale sha,.l be held so as to include more
than one residence or parcel it the site of the sale unless
first obtaining approval fr:)m the Director of Community
Development or his authorized representative. In granting an
approval for a boutique sal.,:: encompassing more than one
residence or parcel, the Director of Community Development may
impose reasonable conditions onsistc,nt with the policies of
this section.
(f) A boutique sale may oe held at a church, school, or
community center facility, sub j ect to the approval of a Zoning
Clearance by the Director of Community Development or his
authorized representative.
F1
(3) Garage Sales
(a) No more than three ( 3 ) garage sales shall be conducted on
the premises in any calendar year; provided, however, a
fourth sale shall be permitted if satisfactory proof of
a bonafide change in ownership of real property is first
presented to the Director of Community Development or his
duly authorized representative. No single sale shall be
conducted for longer than three (3) consecutive days.
Garage sales shall not be held for more than two (2)
consecutive weekends. Each weekend that sales are
conducted shall constitute a single sale event, or
seventy -two (72) hours, whichever is the lesser. Garage
sales shall be conduct:.ed between the hours of 9:00 a.m.
and 6:00 p.m.
(b) Property offered for sale at a garage sale may be
displayed on a driveway, in a house, and /or in a rear yard,
but only in such areas. No ;property offered for sale at a
garage sale may be displayed in any front yard or in any
public right -of -way.
(c) A maximum of eight ,8) off -site directional signs,
not to exceed 2 feet by 3 feet-, shall be permitted. Written
permission to erect signs on private property must be obtained
from the property owners of the site where such signs are to
be placed. This written authorization shall be provided to
the City upon request. Signs may be displayed only during the
hours the garage sale is activoly being conducted and shall be
removed at the close of the sale activities each day. No
signs shall be placed on ut i l i '.y pole:; or in the public right -
of -way.
(d) A nonprofit organization or association of persons
may conduct a garage sale at °.she residence of one or more of
its members pursuant to al:; of the requirements of this
section. One such sale may be held per year without such sale
being deemed one chargeable *_o the premises in question for
the purpose of applying the three (3) sales per year
limitation set forth in subseh ti.on (3) ( 2' of this section.
(e) No garage sale steal: be held so as to include more
than one residence or parcel it the site of the sale 14
first obtaining approval fr::)m the Director of Community
Development or his authorized representative. In granting an
approval for a garage sal+ encompassing more than one
residence or parcel, the Direc ^:.or of Community Development may
impose reasonable conditions �onsi.st.lent with the policies of
this section.
F-01
Section 5.88.030 - Revocation
A Home Occupation or Boutique Sale Permit granted in
accordance with the provisions of this chapter may be terminated if
the Director of Community Development makes any of the following
findings:
(A) A condition of the Home Occupation Permit, or Boutique
Sale Permit has been violated.
(B) The use has become detrimental to the public health,
welfare and safety; is resulting n a significant traffic impact;
or constitutes a nuisance.
(C) The Home Occupation Permit. or the Boutique Sale Permit was
obtained by misrepresentation or fraud..
(D) The use for which the Home Occupation Permit was granted
has ceased for six (6) months or m,;re .
SECTION 2. Severability. If any provision or clause of this
Ordinance or the application thereof to any person or circumstance
is held to be unconstitutional o, to be otherwise invalid by a
final judgment of any court of
invalidity competent jurisdiction, such
shall not affect any +ther provisions or clauses or
applications thereof which can be �_mplemented without the invalid
provision or clause or application, and to this end, the provisions
and clauses of this Ordinance are ieciared to be severable.
SECTION 3. This Ordinance shK:i.l !:ake effect thirty (30) days
after its passage and adoption.
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 th4. records of the proceedings of
the City Council at which the sames 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 n ,Section 6008 of the
Government Code, for the City of`
designated for that purpose. Moorpark and which has been
PASSED AND APPROVED THIS lay of _ , 1991.
ATTEST:
City Clerk
Mayor of the City of Moorpark,
California
The Honorable City Council
Page -4-
RESOLUTION NO 91-
CITY COUNCIL, CITY OF MOORPARK, STATE OF CALIFORNIA
RESOLUTION AMENDING SCHEDULE OF LAND DEVELOPMENT
PRELIMINARY PROCESSING FEES TO INCLUDE A PROCESS
FEE FOR HOME OCCUPATION PERMITS
WHEREAS, the City of Moorparx provides planning and processing
services for Home Occupation PerTltits; and
WHEREAS, A Home Occupation Permit Fee is needed to offset the
cost of Home Occupation Permit. processing services.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
CALIFORNIA DOES RESOLVE AS FOLLOW';:
SECTION 1. That the schedule of Land Development
Preliminary Processing Fee Deposits shall be amended to include a
Home Occupation Processing Fee a= shown on attachment "A" to this
resolution.
SECTION 2. That this Resolution shall be effective upon
adoption and, shall not rescind Resolution No.
established the Schedule of Land Development Processing hFee
Deposits.
PASSED AND APPROVED this
_ iay of
- -- 1991.
ATTEST
Lillian E. Kellerman
City Clerk
Paul W. Lawrason Jr., Mayor
City of Moorpark
RESOLUTION NO. 91-
CITY COUNCIL, CITY OF MOORPARK, STATE OF CALIFORNIA
RESOLUTION AMENDING SCHEDULE OF LAND DEVELOPMENT
PRELIMINARY PROCESSING FEES TO INCLUDE A PROCESS
FEE FOR HOME OCCUPATION PERMITS
WHEREAS, the City of Moorpark provides planning and processing
services for Home Occupation Perm ts; and
WHEREAS, A Home Occupation. PE�rmit Fee is needed to offset the
cost of Home Occupation Permit pr,cessincq services.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA DOES RESOLVE AS FOLLOW,:
SECTION 1. That the schedule of Land Development
Preliminary Processing Fee Deposits shall be amended to include a
Home Occupation Processing Fee as shown on attachment "A" to this
resolution.
SECTION 2. That this Resolution shall be effective upon
adoption and, shall not rescinc Resolution No. 91 -734 which
established the Schedule of Laud Development Processing Fee
Deposits.
PASSED AND APPROVED this ,ay of
ATTEST
Lillian E. Kellerman
City Clerk
1991.
Paul W. Lawrason Jr., Mayor
City of Moorpark
ATTACHMENT "A"
CITY OF MOORPARK LAND DEVELOPMENT PROCESSING SCHEDULE
REVISED, JANUARY 1, 1991
PERMIT TYPE
1. Planned Development
a. Mobil Home Park
(base) + $7.85 per p.-d
b. Residential **
(base) + $7.85
2.
0
4.
Commercial Planned Development
Industrial Planned Development.
FEE DEPOSIT *
• • • • . . . . . $1,570
• . • • • . . . . $1,570
• • • • • . . . . $1,727
• • • • • . . . . $1,884
Conditional Use & Open Space Use Permit
a . Residential & Access try Uses Thereto . . . . . $1,256
b. Agricultural & Access ?ry Uses Thereto . . . . $1,727
c • Commercial / Industria Institutional Uses . . . $2,197
d• Oil Dril1'itng odu( , ion . . . . . . . . $2,986
e • Quarries & Mining** . . . . . . . . $4,709
f. Waste Disposal /Treatn,,}nt . . . . . . . . . $4,709
5. Zone Change * ** . . .
,. $1,962
* Final cost of processing will be computed upon actual
time expended, (based upon the established hourly
rates). If final cost:; is less than the deposit fee
received, the unused portion of the deposit fee shall
be refunded to the applicant. If final cost is more
than the deposit fee received, the balance shall be
payable by the applicant up to 75% of original
deposit. If the cost of processing is expected to be
more than the original deposit, plus 75% of said
deposit, the City Council may approve the collection
of an additional deposit as they deem appropriate.
** If a Residential Planned Development application is
filed concurrently with a Tentative Tract Map, the
deposit fee for the Residential Planned Development
permit shall be reduced by 50 %.
* ** On any Zone Change application filed concurrently with
a Tentative Tract 14ap and /or Residential Planned
Development permit, the deposit fee for the zone
change shall be r.edii -ed by 50 %.
6• Tentative Tract Map
a .
Tentative Tract Map
(base) + $55.00 per lot or unit
$2'825
b•
Tentative Parcel Map, Parcel Map Waiver
or Conditional Certi.`icate of Compliance .
base + 78.00
(base) $
$2,197
e
per ot; or. unit
C.
Time Extension of Approved
Tentative Tract Map
, .
current deposit fee
50� of
d•
Time Extension of Approved
Tentative Parcel Map
, ,
current deposit fee
50� of
e.
Parcel Map Reversion 4o Acreage
* ** *(non
$471
- refundable,
f•
Lot Line Adjustments
* ** *(non - refundable
$392
7. Variance . . . . . . .
. $1,334
a• Existing Single Famd • Residential .
• • $336
8. Major Modification
current fee deposit ' ' ' ' • • • • 80% of
9• Minor Modification .
current fee deposit or $314, ,hichever. is . greater . � 20% of
10. Administrative Clearance
* ** *(non- refundable) ' ' ' ' ' • • • $314
11. Zone Clearance . . . . . . . . . . . . . $31.40
+ $3.14 per additional lothinit
* ** *(non - refundable)
12.
13.
Appeals . . . . . . . . 25% of
current deposit feeor $471 whichever is greater
Revocation . . . . . . . . . . .. . . . . . . . 50% of
current deposit fee
* ** *(non- refundable)
* * ** A non - refundable fee is a one time fee of
a specified
amount ( flat fee) , intended to account for
the average
cost of processing. Flat Fees cannot
be refunded
should the applicati-)n be withdrawn.
14.
Violation Penalty * * ** . . . . . . . . . . .
M cf
current deposit fee, not to exceed $785
* ** *(non- refundable)
15.
Environmental Impact Report:-
a. Environmental Impac� Report * * * * ** . . .
. . . $3,139
b. Environmental Impac Report Supplement **
. . . $1,570
C. Special Consultants . . . . . . . . .
. . . Total
prepayment of Caz -iultant's estimated
cost, or
acceptable bond.
****(non-refundable
16.
Land Conservation Act Contreict _,Agricultural Preserves
a. Applications . . . . . . . .
. . . $1,256
b. Cancellation . . . . . . . . . .
. . . $1,256
C. Portion Non- Renewab'- . . . . . . . . .
. . . $1,256
17.
Sign Permit . . . . . . . . , . . . . . . . .
. . . $31.40
18.
Landscape Plan Review & Insl)ection * * * * ** . . . .
. . . $545
19.
General Plan Amendments***-, . .
. $1,570
(base) + $7.85 per acre
20. Planned Community * * * * ** .. . . . . . . . . $1,570
(base) + $15.70 per acre
21. Condition Compliance Review_ . . , , , , , • . . . 100% cf
original filing fee
22. Home Occupation Permit . . . . . . . . . . . . . . $71.00
(PROPOSED)
* * ** A non- refundable fee is a'one time fee of a specified amount
(flat fee), intended tc account for the average cost of
processing. Flat Fees cannot be refunded should the application
be withdrawn.
* * * ** In addition to deposit fe#
* * * * ** Final cost of processing will be computed upon actual
expended (based upon established hourly rates) . If final cost
/
is less than the deposit fee received, the unused portion of the
deposit fee shall be refunded to the applicant. if final cost
is more than the deposit fee received, the balance shall be
payable to the applicant
23. Xerox Copies
a• 8.5" x 11" and 8.5" x 14`"
for first page + 0.2 $0.50
P g $ per. each additional page
b. 11" x 17" . . .
for the first page + $0.75 per each .
additional Pg1.00
up to nine pages , "1.50 per each additional page
thereafter
24. Zoning Maps . . . .
- Actual
Cost
25. Other Actual Costs * * * * * **
* * * * * **
Occasionally, y, special reviews are required and not addressed
specifically by this schedule, (such as traffic analysis
reviews) - These requirements will be determined by the Director
Of Community Development, based on the nature of the proposed
land use request. The Director will make a determination of
which use and /or amount .Listed on the fee schedule is equivalent
to that used. Said use application or review shall then use the
billing type for a filing lee or deposit.
4 _.. FLV.4/3/91
5.52 .010
Chapter 5.52
MOBILEHOME PARK :SENT STABILIZATION
Sections:
5.52.010 Purpose and intent.
5.52.020 Definitions.
5.52.030 Exemptions.
5.52.040 Rent increase-- -,egality.
5.52.050 Standard space rent increase.
5.52.060 Rent increase -- Determination of base rent and
allowable increases.
5.52.070 Rent increase -- Discretionary.
5.52.080 Amortization ox capital improvements and
rehabilitation 4ork..
5.52.090 Conduct of meetings and hearings.
5.52.100 Retroactive increases or refunds.
5.52.110 Procedural irrejularities.
5.52.120 Notice to new tenants.
5.52.130 Tenant's right )f refusal.
5.52.140 Hardship to tenant.
5.52.150 Retaliatory evi. -tion.
5.52.160 Civil remedies.
5.52.170 Termination c,,f arovisions.
5.52.180 Review by the _ty council.
5.52.010 Purpose and intent. There is presently with-
in the city a shortage of spaces �or the location of mobile -
homes. Because of this shorta :e, there is a low vacancy
rate and rents have for severa. years risen rapidly and
caused concern among a substanY =ia2l. number of city residents.
Because of the high cost of mc'ina mobilehomes, the poten-
tial for damage resulting ther,=from, the requirements re-
lating to the installation of iobilehomes, including per-
mits, landscaping and site pre;aration, the lack of alterna-
tive home sites for mobilehome residents and the substantial
investment of mobilehome owner ir; such homes, a virtual
monopoly exists in the rental f : robilehome spaces, creating
a situation where park owners 3ve inbridled discretion and
ability to exploit mobilehoa,,e irk tenants. For these rea-
sons, among others, the cit; .nc2 finds and declares it
necessary to protect the owner., cf -nol)ilehomes from unrea --
sonable rent increases, white - the same time recognizing
the need of park owners to re;.: ,ve ) t.air return on their
property and rental income su-`',cient to cover increases in
the costs of repairs, maintena -e, insurance, employee ser-
vices, additional amenities 11 cthE�r costs of operation.
(Ord. 51 52(part), 1985)
(Moorpark 10/90)
5.52.020
C
5.52.020 Definitions
For the purposes of this chap-
ter, the terms set forth ii
lowing
this section shall have the fol-
meanings:
"Accurate" means corr,yct
schedule form
mathematically on the rent
and any supp...emental
"Capital
application material.
improvement"
made to a mobilehome
means any addition of betterment
park
repair or replacement of e-
,hich consists of more than mere
isting facilities improvements
which has a useful life of
the
or
five (`;) or more years, adds to
value of the property
ful life and which
7nd appreciably prolongs its use-
may be
plicable Internal Revenue
,mortazt:yd in accordance with ap-
"City staff" or "staf
"Complete"
ode r- egulations.
°" means the staff of the city.
means rent
out properly.
3chedu.e forms filed are filled
"Compliance" means the
and other
submittal of rent schedule forms
requested mater:...1,
documentation, information and
responses to staff questio•
of this chapter.
to comply with Section 5.04.060
"Consumer price index
for the U.S. City Average,
means the consumer price index
for the twelve (12) month
All Urnan Consumers, All Items,
j:eriod
prior to the effective dat.c:
ending four (4) months
of the'
(e.g., November effective :
proposed rent increase
-ite would be for
month period ending June ,(
twelve (12)
h) .
(.
"Mobilehome" means a ::,_ructure
than eight (8) feet by
with dimensions larger
foxt:•
three hundred twenty (320)
(40) feet or size larger than
habitation, transported ove
,quare feet designed for human
manent occupancy site, an(
streets and highways to a per-
nstalled on the
or without a permanent f-)ur.
site either with
ation
" "Mobilehome park" or- "
the city where two (2) or'
arl <" means an area of land in
r
or leased out for mobile -i.cn�
r� mobilehome spaces are rented
-s 1sed
home park" does not incl -de
as residences. "Mobile-
1,2,relopments which
mobilehomes or manufacturEr:l
sell lots for
or which provide
minium, community apartmer,;.
even if any homes in
condo-
sto _-k cooperative ownership,
the d_ :-
out. "Mobilehome park"
eiopme -it are rented or leased
`railer
-r':'
"Mobilehome park owrIer
ld('s park."
>r "Cl,.aner "
lessor, operator or manac le,-
means the owner,
i R;,,bilehome "Mobile-
home park owner" includes W
park.
1..;er Nark
"Mobilehome tenant" o;:
tled by written
owner.
tEria.n. " means any person enti-
or oral ig :-
a mobilehome park space
,rient: ;r by sufferance to occupy
to
home tenant" includes "t.a:,.
.c exc usion of others. "Mobile-
"Mobilehome park rer t
-1 par} tenant."
the city council of the c i *::
>view, t =oard" or "board" means
f
"Net operating inccrre"
ing expenses. to
c: ,�O, rpark.
Weans :rocs income less operat-
Gross income
space rent plus other incorr
incl..:des the sum of the gross
the park (i.e.
gener_ted as a result of op-
:;i
Cerating
�,, I
�r.a - ilities, recreational
5.52.030
vehicle storage, etc.) plus revenue received from the sale
of utility services (gas, water, electricity, cable TV, ref-
use, 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 :)ccupancy of a mobilehome
park space, including, but not imited to, water and sewer,
natural c,as, electricity, refuse removal, management and
administration (including emplo,,ee salaries and fringe bene-
fits), maintenance and repairs, Supplies, advertising, rec-
reation facilities, laundry fac.....ities, parking, security
services, insurance, property tixes, other governmental as-
sessments and other costs reason ably attributable to the
operation or maintenance of the park. The term "operation
and maintenance" shall not incl.,de legal fees related to
rent stabilization or tenant re_ations, costs incurred in
proceedings related to this char, ter, or mortgage payments,
whether for principal, interest or both.
"Rehabilitation work" mean:, work done on or in a mo-
bilehome park in order to ccmpl with an order issued by the
city, county or other public ag,ncy, or, to repair damage
resulting from fire, earthquake :ar other natural disaster.
"Rent schedule forms" mean. , forms, including any accom-
panying instructions, provided ':, the cZity and required to
be filed by the owner for a prozcased rent. increase.
"Space rent" means the con::Lderat.ion, including any
bonuses, benefits or gratuities demanded or received in
connection with the use and accipancy c,f a space in a mo-
bilehome park, or for the services provided, but exclusive
of any amount paid for the use. F a motilehome or trailer,
or utility charges or trash cha res wh:.ch are billed sepa-
rately whether or not the unit:.:, ,re inc:iividually metered.
"Space rent" does not include 1I r�asc,nable user fees for
services actually rendered to ss< 'se, tut, not all, of the ten-
ants of a park, or (2) any amou,, p.3Lid as a result of board -
approved capital improvements c, renab:Ilitation work.
"Space rent occupancy char " neans any time that a
mobilehome in a mobilehome par; r space occupied by
such a mobilehome is vacated :c: ntir....L1 or as a result of
an eviction action or a resale .je mobilehome.
"Trailer" means a struct-II- w� r dimensions of eight
(8) feet by forty (40) feet or ss, Dr a size of three hun-
dred twenty (320) square feet of leis:,, iesigned to be drawn
by a motor vehicle and to be _st E,)r human habitation or
for carrying persons and prop, =ri ^c l: tiding a trailer coach
or house trailer. (Ord. 96 5 1 , a`3 t , r(I . 51 52 f part) ,
1985)
5.52.030 Exemptions. T;ie r)ial )ns of this chapter
shall not apply to the rolJow:r:
5.52.040
A. Mobilehome park
spaces rented for nonresidential
ential
B. Mobilehome park:,
after September 1, 1982;
the construction of which began
spaces created by the expansion
provided, however, that additional
exempted from the provis:_Dns
of existing parks are not
of this chapter. For
poses of this section,--
structures;
the pur-
)nstruction" means the erection of
C. Mobilehome parks
by the United States
owned, leased, managed or operated
gove:-
the city;
nment; the state, the county, or
D. Tenancies which
ty (20) days and which do
Io not exceed an occupancy of twen-
more than twenty ( 20 ) ,:jay
not contemplate an occupancy of
:, ;
E. Mobilehome parks
five (5) mobilehomes
which are occupied by less than
or t.ailers
F. Tenancies
covere,i
vide for more than a mont; -
by leases or contracts which pro-
-to -month
is only for the duration
the
tenancy. This exemption
f such lease
expiration or other termination
contract, this chapter
or contract. Upon
of an lease or
sh:rl.l
the tenancy. (Ord. 51
immediatel be
y applicable to
5 ""
;part,, 1985)
5.52.040 Rent increase
Chapter. On and after th~
- -Le
Compliance with
codified in this chapter,
C
effectivetdateA of ordinance
Lt is
_ (1) increase any space ren
shall be
z.inlawful for any owner to
,: , , and
effective, unless;
ance with the
the inc�easerissmade inacomplit ren
provisions c
comply with any provisicr
`his :hapter, or (2) fail to
B. Effect on Leases.
f ".hi= chapter.
_:1
rent increase under this z,
which,
and application for a sace
apt:er., the
any,
if any, of the mobs
leases
owner shall indicate
e, x
home park spaces
or acts which
to -month tenancy, togetl
are covered by
ro%i;e for more than a month
er :,
such lease or contract.'
-
with the ex
expiration date of each
the board under this cha. r_,:-
p,
space rent increase approved by
sor
spaces covered b :12,1
not be applicable to
�s or :ontracts
Of such leases or contra�
during the terms
such lease or contract tht>
lease
;paceo entecontainedoinothatch
or contract shall rf,r�,,in
adjustment for
in effect until the
the parti,r;
the board. This subsecti,c.r
next rent
r : nobilehome park is decided by
is
extension or commencement
MD Intended to preclude the
C. Effect on Space 1:
P
3iy -ease or contract.
t ()`
space rent occu
1990, pancy cha;]c`.
`= t >'ancy Change, Upon a
t'7a & :curs
the mobilehome par:;
_ on or after March 1,
_
in effect for tnat partit;u.
change in an
nt�i• rna - increase the space rent
= p is "' at the time
increase shall mnot tconsti ^t
of the
�c a' he owner. Such
♦
Purpose of determining wi-e
an
Spice rent increase for the
became effectivf, under 5�
1 er la< t space rent increase
;-
r' ,. 0 50A (2 ) or Section
1:� (Moorpark 10/90)
5.52.050
5.52.060A(1). In the event thAt the change is due to a re-
sale of the mobilehome, the amount of the increase shall not
exceed the amount that the mobilehome park owner specifies
in a written notice to the prospective seller of the mobile -
home within fifteen (15) days ::After the owner receives a
written request for such notice from the seller. The writ-
ten notice shall remain in effect for ninety (90) days after
the seller receives the notice and if escrow is opened
within the original ninety '90 days, then the written no-
tice shall remain in effect for an additional ninety (90)
days from the date escrow is opened. For the purposes of
this subsection, a writing sha..l be deemed received upon
personal delivery or as of the third day after deposit in
the U.S. Mail, certified or re<istered return receipt re-
quested. Not more than twenty (20) days prior to the ex-
piration of any such written notice, the seller may make a
written request for a new written notice, which request and
notice shall be governed by the provisions of this subsec-
tion. Following an increase o:_casioned by a space rent oc-
cupancy change, the provisions of this chapter shall apply.
(Ord. 119 51, 1990; Ord. 96 52 Dart), 1988; Ord. 51
52 (part) , 1985)
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 an; proposed space rent increase
which does not exceed the greater of four percent (4 %) or
the adjusted Consumer Price Inc:ex ( "'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 MO) up !_o and including seven
percent (7 %) and two- thirds (2 3) of the CPI above the seven
percent (7%) up to and includi ,j eighteen percent (18 %) for
a maximum total increase of f-) teen �oi.nt thirty -three per-
cent (14.33 %) .
2. The proposed space -ent i ,,:crease is to become
effective no sooner than one year from the date the last
increase became effective at *. particular mobilehome park.
3. Not less than seventy -five (75) days prior to
the effective date of the proc:, :;ed increase, the owner filed
with the board a rent schedule r`cr.,n a d supporting document-
ation together with a copy c :� e written notice of the pro-
posed increase and proof that servod each affected ten-
ant, personally or by mail, w • . ,, t,-7e , otice . The notice
shall state W the number o;= ;e spa._e or other means by
which the space is routinely .`i
nti_d, (ii) the proposed
rent for the space and the e' =` ti)Ea :ate thereof, and (iii)
that a copy of the rent schet, f -)rm and supporting docu-
mentation is available to ar.y fect.ed tenant free of charge
upon request at the owner's _7: i.n the particular mobile -
home park. Mailed notice sh.L:: ne ;?eemed served as of the
second day after deposit in *t ;, ;t3i11, postage prepaid.
(Moorpark 10/90)
5.52.060
2,,-.L (Moorpark 10/90)
The rent schedule form sr;311 show the existing
posed new maximum
rent far eachaffectedspace together with
the percentage increase aid shall include
Index
the Consumer Price
together with documentation thereof.
4. If a space re7t increase exceeds subsection A,
the proposed increase
may not be implemented by the owner
unless and until approved by the board
Section 5.52.060. in accordance with
B. Procedure. The ,roposed rent increase shall become
effective as of the date
pecified in the notice to affected
tenants described in subsection
A of this section. (Ord.
119 52, 1990: Ord. 96 S3 1988:
Ord. 51 52(part), 1985)
5.52.060 Rent increase -- Determination of base
allowable increases.
rent and
A. Basis for Determination.
1. The
proposed space rent increase is to become
effective no sooner than (ne (1)
year from the date of the
last increase became effe�- �-,.i�e
park. at the particular mobilehome
2. The base rent :or purposes of this section shall
be the monthly space rent
.n effect at the time of adoption
of the ordinance codified n
_h.iE chapter. For purposes of
2,,-.L (Moorpark 10/90)
5.52.060
determining allowable inc.- eases, the space rent, shall be
divided into
two components
as follows:
a. Operation
the
and Maintenance. The portion of
space rent attributab::e
to the cost of operation and
maintenance. This component shall be increased as necessary
to cover documented increases
in income from other park
in this component. Increases
- related
in determining the amount
sources shall be deducted
of increase
event a mobilehome park. ,�,ner
in costs. In the
who does not
utilities converts from :1
separately bill
.ommonly shared metered system to
each space, or when the o�,aer initiates a segregated charge
or a
separate trash or ut
owner shall file
-._ity billing to the space, the
a written
board on or before the
report, of such change with the
e_f*ective
board shall determine the
date of the charge. The
space rent as a result
rmount to be deducted from the
o�
Thereafter, such charges
sucn separate charges or billing.
bill..ngs
space rent.
shall not be a part of
b. Remainder„
This component may be i:°cr:._ased
The remainder of the space rent.
er Price Index. In
by not more than the Consum-
no evE•t,
exceed five percent (5$),
however, shall the increase
Supporting documentation
filed to justify the requc;ted
shall be
increase.
3. Calculations
c`
particular mobilehome park,
space rent increases for the
as
shall be based upon the
provided in this section,
co,secutire
ending four (4) months
twelve (12) month period
pri
proposed increase. In
r to the effective date of t he
zc
operation and maintenance
vent,,, " Iowever, shall the
tion thereof, be used in
omponent for any month, or por-
space rent increase.
e c .�'._c illations for more than one
B. Procedure.
1. Not less than
the effective date of the
event::y- -•five (75) days prior to
file with the board a ren'
roposed increase, the owner shall
3chedu.e form
documentation together wi ~:
and supporting
p,ror-,f that he
fected tenant, personally
served each af-
by mail, with
the proposed increase. Tt:
written notice of
written notice shall
the proposed rent and eff',
state (1)
:.ive d�ato thereof, and (2)
copy of the rent schedule
is available
that a
)rm anti supporting documentation
tc any affe(":
quest at the owner's of---L,
? tenant Free of charge upon re-
in
park. Mailed notice sh i.'
h particular mobilehome
;e ieerrled
.
day after deposit in the
served as of the second
rent schedule form shall
.t�ei.` ' Postage prepaid. The
�,)
new maximum rent for eac- r
,w
,;fc,,,✓ � xisting rent and proposed
ing
ing to subsection A of t -r..,
_ci space, calculated accord-
supporting he
g
sE,I't
tc�n, and shall include docu-
component.
11
_3 .-C increase in the remainder
2. The owner sh..3.1:
($1,000.00)
3�po.:�3..t one thousand dollars
as a fee to c'�,.
Proposed space rent
r thk3 :'osts of processing the
incro,:
:pc', i : --onclusion of such
5.52.070
processing, the balance of the deposited processing fees, if
any, shall be refunded to the owner. If additional costs
are incurred, the owner shall LH billed for, and shall be
liable for, payment of such additional costs.
3. The board shall hear any request complying with
the requirements of subdivisiors 1 and 2 of this subsection
not later than forty -five (45) ays after receipt thereof.
At least (10) days prior to the hearing, the board shall
give written notice of the tim(- and place set for the hear-
ing to the owner, the tenants' - epreseztative and any person
who has filed with the city c1�; -k i written request to be
notified. No hearing or any pa:-t ~hereof may be continued
beyond twenty (20) days after t,:e initial hearing date with-
out the owner's consent. If tl�� board approves the increase
as requested, or lower than recuested, the same shall take
effect as noticed by the owner �r :s t:'le board may otherwise
direct.
4. The board shall mak, a final decision no later
than ten (10) days after the cc,c-us on of the hearing. The
board's decision shall be basec on the preponderance of the
evidence submitted at the hearing. The owner and all ten-
ants requesting written notice hal.1 b�:! advised of the
board's decision and given a cc y of t: -ie findings upon which
the decision is based. The dec s..c,n of the board shall be
final.
5. The board may, w.i_th respect:: to:
a. The operation an maintenance component, ap-
prove or deny the increase noti 3d by the owner. Approval
shall be based on a finding t:ha, the relevant portion of the
rent schedule form, as original y filed by the owner or as
amended by the owner prior tc: t.e closEy of the hearing, is
accurate, complete and in com,pl .ince w_th this section. A
reduction shall be based on a f ndinq that circumstances, as
determined by the board, just.;* v. '.esker increase than that
noticed by the owner.
b. The remainder cor- ponent, ( 1) approve the in-
crease noticed by the owner, in Thole or in part, based upon
a finding that the increase, as approved, permits a fair
return and sufficient rental in�::rme in accordance with the
purpose and intent of this chap•:,r :)r (2) deny in total the
increase noticed by the owner, :Asei u; :on a finding that an
increase is not necessary `or t:: lane:- �o receive a fair
return and sufficient rental i.nc m� in accordance with the
Purpose and intent of this ch F:r (c �,
51 52(part), 1995) 1. 95 54, 1988; Ord.
5.52.070 Rent increase - -Di
Determination. -
1. An owner may apple t
tionary space rent increase at ou
Section 5.52.050 or 5.52.060 of
he contends that the facts.anc;
.;
_c _cat ionary A. Basis for
'he board for a discre-
that otherwise allowed by
h� ch..ipter in cases where
�ct:m�stnces of the
5.52.080
particular case warrant such an increase. It is not the
intent of this section to ,:-equine the owner to justify space
rent increases previously approved by the board.
2. It shall be the responsibility of the owner to
provide sufficient support.ng documentation to justify the
requested increase. The slipporting documentation must dem-
onstrate that as a result f one (1) or more factors, as
proposed by the owner, an ._ncrease not otherwise allowed by
Section 5.52.050 or 5.52.0 +0 of this chapter is necessary to
permit a fain return and slifficient rental income i,, accor-
dance with the purpose and intent, of this chapter. the own -
er shall comply with any sr aff re (:west for additional docu-
mentation to permit evaivaw ion of the requested increase.
3. No increase in space : -ent shall be approved be-
cause of increased princip,l, 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 nd /or ether governmental assess-
ments as a result of such ,al.e,
C. Capital imps ovemen °:s;
d. Rehabilit:at on w' >r:.:.
B. Procedure.
1. The procedures set forth in subsection B(1 - -4)
of Section 5.52.060 of thi: chapter shall be applicable to
discretionary space rent: increases,, except that the initial
Cl'^
deposit shall be one thous -id ::'.iv hundred dollars
($1,500.00) .
2. The board steal witti respect to space rent in-
crease noticed by the owner, (1) approve the increase, in
whole in
or part, based up ,n a finding that the increase, as
approved, permits a fair r =urn arad sufficient rental income
in accordance with the purpose an�i intent of this chapter,
or (2) deny in total the L' - rease, based upon a finding that
an increase is not necessa for the owner to receive a fair
return and sufficient rent income in accordance with the
purpose and intent of tt�;i:, hap'er., (Ord. 51 52(part),
1985)
5.52.080 Amortization of capital improvements and re-
habilitation
work. A. 13a, -._s for Determination.
1. An owner may ",_)ly to the board for approval of
a capital improvement or :i xabi-i -ation work amortization
schedule within twelve (1_� month::_, after completion of the
improvement or work. It not t�:e intent of this section
to require the owner to ju:,�sify t'',e improvement or work,
provided that the improvemert or ,ork satisfies the defini-
tion of either a capital .,r::- rovement or rehabilitation work.
2. It shall be thr responsibility of the owner to
provide sufficient suppor- .:,..,g locumentation to demonstrate
that the improvement or rror sitir. >f:ies the definition of
_
either a capital improvt mm r - r'-i 5ilitation work and to
5.52.080
Justify the requested amortization
shall comply with any
schedule. The owner
staff request
tation to permit evaluation
for additional documen-
o
3. The amortization schedule
the requested schedule.
shall
of the capital improvement or
among all of the mobilehome
spread the cost
�'ehabilitation work uniformly
park
mobilehome park, including spaces
spaces in the particular
tracts which provide for more
covered by leases or con-
:han
unless the owner can demonstra.e
a month -to -month tenancy,
tion that the improvement o ::. work
with supporting documenta-
does
the spaces or that the spaces
B. Procedure.
not benefit all of
ff� not uniformly benefited.
1. The procedures ;et
of Section 5.52.060 of this
fort_t1 �n subsection (B)(1 - -4 )
ch.a
the amortization schedule for
tez' shall be a a e
work, except that:
capital improvement or
a. The owner sha.l.i
in place of a rent schedule fo�:'r.
`ile ar amortization schedule
that the improvement or work s,
The schedule shall show
isfies
either a capital i
P mprovement o
total cost
- the definition of
rehabilitation
of the improvement
Of such cost by mobilehome
work
4ork and the amortization
par.-:-
b. The initial deb_ c
five hundred
saac:e on a monthly basis.
- i ~ _; h,i l l be
dollars ($1,500.f:!
one thousand
2. The board shall 3.rj
the amortization schedule
0110, yn whole or in part,
nct
findings that:
+1'r' t 'z,� owner, based upon
a. of either The Lmprlvement°.
tion
r work satisfies the defini-
b. The amortizat.c -1
the
rehabilitation work;
schedule
.
capital improvement or rehalitit:atLon
mobilehome
spreads the cost of
work
park spaces that ar,,,
subsection (A)(3) of this
to all of the
oenefi °ed, consistent with
sect
C. The financing ��:
at an interest rate that does
��
E
-�r,e improvement or work is
available to preferred customer
ror`:etdilar
commercial lending instituti<rn
projectsefromy
and
crate in Ventura County;
d. The amortizat -1 or
turn and sufficient rental incc:r
crledu le permits a fair re-
purpose and intent of this ch_q'
i a(:cor.dance with the
C. Effect of Amortizati_)r;
demand or
r.
c:1.3� :1.� No
receive in connecti_r;
of a space in a mobilehome -;^
owner shall
i _ :1 `t :'' use and occupancy
a
bonuses, benefits or P 3E„
11'' c=`,)r'•'slderation, including
=
or rehabilitation workratuiti ,
been unless:
>; 3r: ,, capital improvement
a
approved by the board
jrror- t:._zation schedule has
as SO
The amount a tenant is to
:c,i -th in this section.
pay
tization schedule shall be
c an approved amor-
the space rent. Sucre. 'n 1'
ting any amount
= "''' c, and not part of,
tie
increase in space re,,,
used in calcula-
.r . • 51 52 , (part) , 1985)
5.52.090 -- 5.52.110
5.52.090 Conduct of
and hearings
meetings and hearings. Meetings
of the board
with the following:
shall be conducted in accordance
A. Except as author-,zed
hearings conducted by the
by state law, all meetings and
board
B. All parties to a
shall be open to the public.
hearing may have
an attorney or such other
said
assistance from
person as may be designated by
parties in presentin
argument their
evidence or in setting forth by
position.
and all testimony shah: :>.
ill witnesses shall be sworn in
under
C. In the event th_,
penalty of perjury.
either the
ed tenant(s) should fa.-'l °D
owner or any interest-
specified time and place,,
appetir at the hearing at the
the board may hear
evidence as may be presented
both
and review such
and make such decisions as if
parties had been "r,�:
� ?nt .
D. All hearings sha:L
be preserved for two (2)
be tape recorded. Tapes shall
;?ars,
any party affected by thy;,
r longer if requested by
r7,ear
n,::. (Ord. 51 52 (part) , 1985)
5.52.100 Retroact:ivF
procedures of this chapter
increases or refunds. A. The
dre intended
decision prior to the effe::tivE�,,ate
to result in a final
rent increase. If staL <:r
of a proposed space
board actions do
final decision by the
not result in a
date of the
crease, the decision sha'..1.
effective date.
proposed in-
be retroactive to the noticed
The ten<sri.s
amount to the owner wither
sha..l pay the retroactive
t2z t. (_j0)
r
sion of the board is an,�c:i..
days after the deci-
c���i.
1 .
B. If the board fi.r.ds:
into effect in violation, c:,
tlrat 3 space rent increase went
this
thereof, the owner shall r
--hapter, or any portion
�f.11ld t:.ne
to the tenant (s) within tt,
amount of the increase
r
of the board. (Ord. 51 ;:
:: (_ )) days after the decision
par,. , , :985)
5.52.110 Procedural
evidence or
rl_eClu lari ties. Formal rules
procedure whi::
not apply to the board
of
must 5e followed in court shall
pr::),
that the board shall det.e:-:
�('Cing: ;, except to the extent
shall be held void or inv
r,E , No action of the board
;
on the ground of the impr:::r:
:(; or I)e set aside by any court
dence, or by reason of n
a m.ssion or rejection of evi-
neglect or. omission (he.,,:,,.
r:ror, irregularit informality,
matter pertaining to appi.,.rt:ic.s,
A"error") ter ailed
cords, hearings, reports„
notices, findingstoreny
procedure whatever, unles
1ccmrr,e:.dations, or any matters of
rfter
tire case, including the „_,,
n examination of the en-
der,(.,-e,
opinion that the error `!:.ained
the court shall be of the
co,-
that by reason of such
of was prejudicial, and
er !
or suit sustained and
�7.e i -arty bringing the action
i.Ct,
su
a different result would
F
e 1 sLil stantial injury, and that
,,
had not occurred or exi t,
DE�en probable if such error
-,hall be
-. _ no presumption
5.52.120 -- 5.52,140
that error is prejudicial or that injury was done if error
is shown. (Ord. 51 52(part), 1995)
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 i.i force. (Ord. 51 52(part),
1985)
5.52.130 Tenant's right of refusal. A tenant may re-
fuse to pay any increase in spac:> rent which is in violation
of this chapter. Such refusal +_; pay shall be a defense in
any action brought to recover possession of a mobilehome
park space or to collect the spi :•e rent increase. (Ord. 51
52 (part) , 1985)
5.52.140 Hardship to tenant_.. A. Statement from Ten-
ant. Any tenant affected by a proposed space rent increase
or payments resulting from an approved amortization sched-
uled (collectively "the adjustmer,.t " ) may file a statement of
hardship with the mobilehome par K. owner not less than for-
ty -five (45) days prior to the effective date of the pro-
posed adjustment. The statement shall identify whether all,
or a portion, of the proposed adjustment constitutes an un-
reasonably severe economic hards.,,ip on the tenant. The
statement shall be accompanied LZ i copy of the tenant's two
(2) most recent federal tax retu: -ns together with all other
documentation that the tenant be;.itrres is relevant to estab-
lishing the hardship.
B. Request for Review frorr Owner. Within ten (10)
days after the statement is file.:, the owner shall either
notify the tenant that the adjus�_.ment shall be reduced by
the amount identified in the sta °ement -)r shall file with
the board a request to convene a re%riew panel. The panel
shall consist of the mayor, a cc :,nc.lmember selected by the
mayor with approval of the ci,::y ourncil and the owner.
C. Process of Review. The review panel, with the may-
or acting as presiding officer, ha .l meet and confer with
the tenant at a place on the mot lryt,ome park grounds fur-
nished by the owner for that Four ose„ '"'he date and time of
the meeting shall be mutually to the panel and
the tenant, provided that the pa sha..1 render its deci-
sion not more than thirty -fivo ( "i clay:; after the request
was filed with the board. At t7, meeting, the panel shall
review the documentation provi.d,> Ly tht� tenant to the owner
and shall hear from the tenant.. If the panel determines
that, on balance, the proposes: 1, Just:merst constitutes an
unreasonably severe economic f.ar,3hip oi: the tenant, it may
by majority vote order that tfe 1- ustmE -nt, or any portion
thereof, be waived. The decis,.: c:f -hF panel shall be fi-
nal.
5.52.150 -- 5.52.180
C D. Basis for Determ:Lnaticn. Any tenant whose house-
hold income and monthly housing expense meet the criteria
established by the Housinc Assistance Payments Program under
Section 8, existing housir,.; provisions of the Housing and
Community Development Act :)f 1974 (P.L. 93 -383) and the reg-
ulations pertaining theret:, or any successor program, shall
be deemed to be suffering inder unreasonably severe economic
hardship. The burden of � oof in establishing any other
form of unreasonably se'verg economic hardship shall be on
the tenant. (Ord. 51 SZ i, art
5.52.150 Retaliator% eviction. Notwithstanding Sec-
tion 5.52.130 of this cnaF-_er, in any action brought to re-
cover possession of a mobi_ehome park space, the court may
consider as grounds for deria� any violation of any pro-
vision of this chapter. F.rther, the determination that the
action was brought in reta- iation for the exercise of any
rights conferred by thi3 c- �apter shall be grounds for de-
nial. Any action brought )ithin three (3) months of the
determination of a request for.- a space rent increase pursu-
ant to Section 5.52.060 or 5.5 ?.070 of this chapter, includ-
ing a determination made a a result of a petition filed
with the board by a tenant pursua,! "it to Section 5.52.050 of
this chapter, shall be pre Limed t(::) be retaliatory. This
presumption affects the bu den '_)f proof and if rebuttable by
the owner. (Ord. 51 52 pa t'! 1.95;1
5.52.160 Civil reined
cepts, receives-or -retains
cess of the maximum approv
ter, the tenants affectE�d
by class action, may seek
jurisdiction for injunctiv
any such court proceedir.<3,
awarded his reasonable <..tt .
its discretion and in addi
or damages awarded, the (: -o
each tenant whc is a par,,-,,,
ages in the sum of not rro,
monthly space rent demarclo
ant in violation of this
es. I!: any owner demands, ac-
any, pa }r`ment of space rent in ex-
3 by the board under this chap-
such violation, individually or
:.ief ..n a court of competent
relies or damages or both. In
'he rc,vailing party shall be
fney°s fees and court costs. In
:on �o any other relief granted
t sha'I be empowered to award to
-c the action or suit, civil dam -
than three (3) times the total
fy -h owner from each such ten-
P17-e! (Ord. 51 52 (part) , 1985)
5.52.170 Terminatio : -, >f provisions. This chapter
shall remain in effect on' until July 31, 1993, and as of
that date shall expire, Lin rss earlier repealed or extended
by the city council. (fir:: 95 � -.6 1088; Ord. 51 52 (part) ,
1985)
5.52.180 Review by tf. , city council. The city council
shall review the effecti ✓EZr�ss of this chapter in addressing
the problems giving rise t it3 errir.tment at least three (3)
�3
5.56.010 -- 5.56.030
months before its expiration ind take appropriate legisla-
tive action thereon. (Ord 5 52(part), 1985)
Chaptyr 5.56
MOTOR VE '_IICLE RACES
Sections:
5.56.010 Definitions.
5.56.020 License- -Requi ed.
5.56.030 License - -Appl Ation.
5.56.040 License - -Fee.
5.56.050 License-- Appro, Al.
5.56.010 Definitions. t s used in this chapter:
"Hold" means and include+ the holding, conducting,
managing or operating of any lice as defined in this sec-
tion.
"Motor vehicle" means anj self- propelled vehicle.
"Motor vehicle races" means any race, contest, competi-
tion or competitive trial of sweed by and between motor ve-
hicles as defined in this sect..on.
"Owner" means and include the owner, lessee or other
person legally in possession c of land. f�r,t;_t ed to the possession
(Ord. 6 51 (part) 19 ;,
5.56.020 License-- Requirr�d. No
shall hold a motor vehicle rac<
taining license
person as principal
or races without first
a therefor. (
ob-
-d. 5 51(part), 1983)
5.56.030 License-- Applic
obtain a license to hold
Lion. Any person desiring to
a mot-----
ot
make a written application to
- vehicle race or races shall
ne sheriff
in addition to the information
therefor, stating
of this title, the following 1
vequired by Section 5.04.100
:formation:
A. The name, address and
B.
age of applicant;
The location of the �.,ck
proposed to hold any such
or course in which it is
race
C. The name of the owner
track or racecourse is locatec;.
r .races;
r -he land upon which the
D. Whether the applicant
of the land upon which it
as obtained from the owner
is Fr
such race, permission or
posed to hold or conduct
con3er
his land;
Vor h)Iding thereof upon
E. On what day or days
race or races; 'i
Ls pro;:aosed to hold such
F. What safety precaution
to ensure the safety
have been or will be taken
of the Puts
;