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Home My WebLink AboutAGENDA REPORT 1990 0103 CC REG ITEM 12AW ORDINANCE NO. ITEM ILA,. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE MOORPARK MUNICIPAL CODE BY REVISING CHAPTER 4 OF TITLE 5 RELATIVE TO MOBILE HOME PARK RENTS THE CITY COUNCIL O: THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. The Moorpark Municipal Code is hereby amended t revising subsection C of Section 5.04.040 to read as follows: "C. Effect on Spare Rent Occupancy Change Upon a space gent occupancy change that occurs on or after March 1, 1990, the mobile home park owner may increase the space rent in effect for that particular space at the time of the change in an amount determined by the owner. Such in increase shall not constitute a space rent ..ncrease for the purpose of determining when the last space rent increase became effect -ve under Section 5.04.050A(2) or Section 5.04.060 A(1). In the event that the change is due to a resale of the mobile home, the amount of the increase shall not exceed the amount that the mobile home 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 written notice shall remain in effect for ninety (90) days after the seller receives the : iotice, and if escrow is opened within the orLginal ninety days, then the written notice shall remain in effect for an additional ninety (90) days from the date escrow is opened. For the purposes of this subsection, a writing shall be deemed received upon personal delivery or as of the third day after deposit in the U.S. Mail, certified or registered return receipt requested. Not more than twenty (20) days prior to the expiration 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 subsection. Following an increase occasioned by a space rent occupancy change, the, provisions of his chapter shall apply. SECTION 2. The Moorparx Municipal Code is hereby amende by revising Section 5.04.05{ to read as follows: "Section 5.04.050 Standard Space Rent Increase A. Basis for Dett- rmination The procedure. and fees set forth in Section 5.04.060 shali not apply to any proposed space rent increase which does not exceed the greater of fo : percent (4%) or the adjusted Consumer Pric• Index ( "CPI ") of the total space rent of �acn affected mobile home park space, provide i that (1) The adjusted Consumer Price Index means the full CPI .:rove four percent (4 %) up to and including sevf_:i percent (7%) and two - thirds (2/3) of the CPI above the seven percent (7%) up to and including eighteen (18 %) for a maximum total _ ncrease of fourteen point thirty -three ;•?rcent (14.33 %). (2) The propcsed space rent increase is to become effective no sooner than one (1) year from the date the last increase became effective at ne particular mobile home park. (3) Not less r_han seventy -five (75) days prior to the t- ffective date of the proposed increase, the )wner filed with the Board a Rent Schedule 'orm and supporting documentation together with a copy of the written not.ic, of the proposed increase and proof that he '3erved each affected tenant, personally or by mail, with the notice. Said notice shall tate (i) the number of the space or other mean:: by which the space is routinely identified, (.i) the proposed rent for the space and the effective date thereof, and (iii) that a :opy of the Rent Schedule Form and supportin,: documentation is available to any affected nan, Free of charge upon CJK /ORD30973 request at the owner's office in the particular mobile home park. Mailed notice shall be deemed served as of the second day after deposit �.n the U.S. mail, postage prepaid. The Rent Schedule Form shall show the existing -ent and proposed new maximum rent for each affected space together with the percentage increase and shall include the Consumer Pric(. Index together with documentation - hereon. (4) If a space rent increase exceeds this subsection A, --he proposed increase may not be implemented b, the owner unless and until approved by t,e Eoar,- in accordance with Section 5.04. -)C. D. Procedure The proposed ent increase shall become effective as E the date specified in the notice to aff� -cted tenants descried in subsection A E this Section." SECTION 3. :f ny section, subsection, sentence, clause, phrase, port or portion of this Ordinance is for any reason held to bf• invalid or unconstitutional by any court of competent juri- Aiction, such decision shall not affect the validity of the emaining portions of this Ordinance. The city counci. 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. Thi Ordinance shall become effective thirty (30) days Eter its passage and adoption. SECTION 5. The city clerk shall certify to the passage and adoption of thi.: ordinance; shall enter the same in the book of original ord nances of said city; shall make a minute of the passage and adoption thereof in the records of the proceedings of the c ty council at which the same is passed and adopted; and sha;1, within fifteen (15) days aftet the passage and adoption thereof, cause the same to be published once in the Moorpark News - Mirror, a weekly newspaper of general circul+ticn, as defined in Section 6008 -3- CJK/ORD30973 of the Governor nt Code, for he City of Moorpark, and which is hereby designated for t:h< purpc ;e. PASSED AND ADCP`_ ; day of Manor Df the ity of Moorp k, Ca ifornia ATTEST: City Clerk CJK/ORD30973 ;`li [lilt e.; n! tIle is;tV (:i)l n( it M�r)ri):lrk, l::ll i i�)lni.. I- t.IOf it the hood would � > :lilt hot r. `,i t, t "")I :I(.-` t I ,+ MOTION: CO,1nc i InwlCheI 1i OWIl a1; 1 ;i )t l',it tU :1'lt -hl 1:. . S1.:1 F tf, stove alld purcilas I lig it re:, ids nl of the coatrnc-tor, the Cfl-y Y 1 t { f„ , ,I,e,.r t,..�_ • 1, )l ;� { rind that funds to purchase rlu\ contingency The voice vote ca,l- 12. ORDINANCES Itu111"11 v "t, 191)O h. i I r`x{)e,:t al c }', tllrlt. :;t of f hr ! it!, i l • `nilw1 Il trl;,_ !('Cnnde.d 11 !1)� �,Ve; tlllll t, in the opillloll i tl•ct hood woul(l '�r,r.eed the td.4 n 1.1 c_. the project 12. A. Consider Adoption of Ordinance No. 119. An ordinance amending the Moorpark Municipal Code by revising Chapter 4 of Title 5 relative to mobil! ,r - h lr'{ rents. City Attorney Cheryl Kane, i,nd :he rdinance title. MOTION: Councilmember Perez Two. ,i 1,i (;,-:uncilmember Harper seconded a motion to read the Ordinance I,. >uly. The voice vote was unanimous. MOTION:__ Councilmember Brown mov .l iid Councilmember Harper seconded a motion to declare Ordinance No 1 i�ad for the second time and adopted as read. The voice 1 ()t , , h.r;u•;. 12. B. Consider Introduction )I Ordinance No. _120. An ordinance amending the Public Hearin), V))it-e requirements from the current 300 ft. notice requirement , bil()() ft. with an exception for one single family residence :,F`( it �' z ivt variance City Attorney Cheryl Kane l ad the 'rdinance title. MOTION: Councilmember Harper mc).,ed and Councilmember Perez seconded a motion to waive further reading rind declare Ordinance No. 120 read in title only. The voice vote way nnnimou . MOTION_:_ Councilmember Ilarper mc,.ed and Councilmember Perez seconded a motion to declare Ordinance No ;20 introduced and read for the first time. The motion carried, will )un-ilmember Brown dissenting. 13. FUTURE AGENDA ITEMS Councilmember Harper requested hat. Statf investigate the extent and quality of the inspections I•,-riormed by the Building & Safety Department on new homes. In 011el to usure quality inspections, he suggested that Staff determine gh(•t'zer- the fees should be increased; the regulations outlined in the ordinance should be changed; the building code should be revised; ind /oar the City should hire more discretionary inspectors. Mayor Lawrason requested that. the recent chimney fires be an item for discussion on the next agenda, iiich ding a Staff report outlining the