HomeMy WebLinkAboutAGENDA REPORT 1994 0302 CC REG ITEM 11DTO:
FROM:
DATE:
ITEM A r.
AGENDA REPORT
CITY OF MOORPARK
The Honorable City Council
Jaime R. Aguilera, Director of Community Developmerie✓
Kathleen Mallory, Associate Planner
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)A: \RENTNOT. RPT
<, c
1 Council
TION �''
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 form
The City Attorney has reviewed the attached Ordinance, and all recommended changes
have been made to the Ordinance.
RECOMMENDATION
1. 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: \RENTNOT. RPT
California Civil Code Provisions
Mobilehome Resicfency law
CONTENTS
Article 1.
General
""I
P 1u- 'I'hroueh of Governnlcnt Fees
7981
Cnalion ar.d Application of Chaptc.
Antic N 5
Homeowner Communications
N48.I
ApplieatIoII of Defiluutm,
and Meetings
798_1
Managemcill
Statement of Legislati\e Intent
198 t
\4obilrhon:r
Rcnial Agreements /Rules; Prohibition,; Meetings:
9X 4
ltohilcI I';trk
Public Officials; Canvass and Petitions
-981 (,
Park
I I incowncr/Resi(fetns, Actions
798 7
New Construction
Artic,e 5 5
Homeowners Meetings with
798.X
Rental AL!rcerllent
Management
981.9
Honu•mkncl
s
M,Inagement; 11ecting, with Horncowners: Request:
7()v,, t v,, 1
Change of t ,r
M.nters for Discussion: Notice
79X. 1 1
kesi(ler't
Article 6.
Termination of Tenancy
79X.1'
l
Ill, 1tecfi011tromActualor ConstructivcLviction;
79X.14
N011Ce,, Dclrkery
Ic!nlination or Refusal to Rcncw; Reasons: Notice: Time
Article 2.
Rental Agreement
If,
Aulhorized Reasons 101 Termination: Copies ;o
Rc•qunrd Contents; Writing: Copies of MRI. r.
Lr::;d Owncn
Iion cmi.i rs
i.iOj
R K Responstbilitie,of Legal Owners
7')X 11,
Inclusion of Other Provisions
stc.tcnlent of Reasons nl Notice
T1X 1
Long 7 crm .A,,reemcmi Lvenlpnon from Rcpt Rc,•ul;ltton
` x
I ccnlnatfor) to Make Space for- 13uyer of Mobilehome
7T, Ix
Perlod of \\ I Ilten Agreement: Cornparahle Mon,hk
If(, n Park Owner ProhlDIICd
('haiLc, ioi ()Ile Year ;ls for Month -!o Month 1(r;;utc\
"+
',;ol ce h) Hoincow•ner. Ilene
\ \'diver of RI�_,hts: Puhllc Pillic)
l l
NpAication of Other Ltn\s
DIscr111)111 ;r :WI]
Vmlidolled Nlobilcll(lrllc,: Disposition
7` +X
o
Recreational Vehicles: Designated Are(t,
Article 7
Transfer of Mobilehome or Mobilehome Park
798.23
Application of Rules to Park (W ners
\d.cnlsim,
7()X 14
('on)1noll Areil Filci lit le,. Hours of Operuti(,!
I
I.n:Ong or Showing Nlohilchonic by Park Ovv ncr
Article 3.
Rules and Regulations
m Nlxutger• Written Authorization: Prohibition,
7(lX ?
\mcndnlcra,: Notification to fionleowner,
I,ii -1cr nr Selling Fce: Request for Scivicc: Prohibitions
798.25.5
Arhitration
Renl -al l:pon Sale to'I'liml Party: Con(]itions
'9X .'l
Right of F.;im by Nlana,?cnlcnl
Trion Appro\ill of Purch;ucr, Grounds for Withholding:
/nnulg ur l ,r Permits: Leans: NuUtic ;loon :n
Informing Homeowner. Financial RcportiRetund.
I lomcuwl!cr-
I lit c Frame for Appro\;:I
\'anlc. flu,ines, Addres, & Phone of Mohdchoi;;c
? -
Sale or l'ransfer of' f N10 ilehonle to Remain 111 Park:
Park Ovkncr. Disclosure
Rcqutre(f Documents: l nlawful Occupants
798.28.5
\ chicle Renwval
'(
Purchaser. Compliance \kith adults Only Rule
7981_'(+
MON1e10nu Onlbudsnlan: Name. ,Ad(irc•ss & Phone:
7`r� '
IiValy er of Righis: Public Police
Pmung of Sign
Il iglu, /kesponsibilitics of Heir or Joint Tenant of Owner
798 11) ;
t'Irluy Inte:nlptions
'y
Foreclosure of Mobilehome: Sale to'hhir(i Party
Article 4.
Fees and Charges
"1' �t1
sale of Parts: Listing: Notice to Residents
79X. at
Notice o(Rcnt Increase
I
Sa m
lc or Listing of Used Mobilehome: Prohihiic(] Acts
795..+1
Authorized Fees
of Ivl;rinlgenlenl
79X.3.
(lla12e, for t misted tie, \ice,; Notice
Article 8.
Actions, Proceedings, and Penalties
79X.1.
Pet,
'`,` s f
Non, c of Impending Action by I lomeovvner, u,
Guests: Senior Careatver,
Pall, %lanagenlenl
79X_l
lnunediate 1 amity
+` „
Ito) ne)', Fees and Costs
79X.30
Rule Entorcemcnt; Maintenance of Premises
!9", ,n
Willlul Violation by Park Owner. Additional Penaltp
79X t?
Lntry. Installation or Hookup Fecs. L:mOscapin,
")s
Puhh( Nursancc
;old Maintcn;utce Charges
Rule A IUI81rllllS: Injunction
74 3X
Luh(v MCter Service: 131111 ng: Ralc Sctu•dcdc
Article 9
Subdivisions, Cooperatives, and
798 +`+
Security Dtposits
Condominiums
798 -10
Security Lrens: Mutual ALrecnlen;: Scparne S1a1. nients
)`-
I)rfilutioll,
799 1;
Separatck Stated Utility Services: Ewnlption
9`'
Adtc•;nsulg
from Rent Control; Reduction in Rent
-10
I_I \tilic (,r Showing Mobilehonic by Ownership of-
798 4.'
Violations of NIRL: Fine,: Penalise,: Prohibition,
Man;iLcment: Written Authorization
runs Pas,ul; Through
?`)'(
S ;lie to Third Party: Prohibition Against Require(] Removal
79X.I t
MiNCr-nk•tered Utilities: I se tit Homc(mim'-
3 v()
Prior Approval of Purchaser. Grounds for Wit [I hol(]ing
\leler for (onnnon Arca
9O
Purch.lser: Compliance with Adults Only Rule
Article 4.5
Rent Control
for
\\;ri \: r of Rlaht,: Public P0110.
'`>X.:
I,scnll,tion: Ncw Con,lR1,11on
'.)o
ht L,.( rrul,uon,
written n,u.r ut 1101 W – 111.1- :1 I,, egulatl,n
apphcahh� to rrirr:unul;:i f;u uu1 r.. � •11,1. ,: mended w11h.::r
homeowner um,ent Ill)-�n while , , I., "1 11 Than hO da.
:cl Written notice I,, ,I hnnuvnvnel ,bus( .,:1a 1cy cuntnlcllcrs
within the required perlod of nortcr tut It propowd arlcrndnicnl to the
park's rules and regulations under subdivision b) .shall consn
Lute compliance with this section "ilea Ilk' "truer notice Is gl \CI1
before the inception of the ten:uu %-
798.25.5. Any rule or regulation of a mobilehome park that
(a) is unilaterally adopted by the management, (b) is im-
plemented without the consent of the homeowners, and (c) by its
terms purports to deny homeowners their right fo a trial by jury
or which would mandate binding arbitration of any dispute
between the management and homeowners shall be void and
unenforceable,
791{,26. (a) i;xcept as provided in subdivisioli (b), and not-
withstanding any other provision of law to the contrary, the owner-
ship or management of it park, subdivision, cooperative, orcondontini um
for mobilehornes shall have no right of entry to a mobilehome
without the prior written consent of the resident. Such consent mity
be revoked in writing by the resident Litany time. The ownership or
management shalt have it right of entry upon the land upon which it
mobilehome is situated for maintenance of utilities, for maintenance
of the premises in accordance with the rules and regulation: of the
park when the homeowner or resident fails to see maintain the
premises, and protection of the mobilehome park• subdivision, co-
operative, or condominium at any reasonable time, but not in a
manner or, at it time which would interfere with the resident's quiet
enjoyment.
(b) ' ilneownershiporrnanagementofa park, subdivision, cooperative.
or condominium for mobilehornes may enter it mobilchome without the
prior ,,vMitten consent of the resident in case of an emergency or when the
resident has abandoned the mobilehome.
798.27. (a) The management shall give written notice to all
homeowners and prospective homeowners concerning the following
matters: ( I ) the nature of the zoning or use permit under which the
mobilehome park operates. If the mobilehome park is operating
pursuant to it permit subject to a renewal or expiration date, the
relevant infornnation and dates shall be included in the notice. (2)
The duration of any lease of the mobilehome park, or any portion
thereof. in which the management is a lessee.
(b) If a change occurs concerning the zoning or use permit under
which the park operates or a lease in which the management is it
lessee, all homeowners shall be given written notice within 30 days
of that change. Notification regarding the change of use of the park,
or any portion thereof, shall be governed by subdivision (g) of,
Section 798.56. A prospective homeowner shall be notified prior to
the inception of the tenancy.
798.28. The management of a mobilehome park shall disclose,
in writing, the name, business address, and business telephone
number of the mobilehome park owner upon the request of a home-
owner.
798.28.5. The management may cause the removal, pursu-
ant to Section 22658 of the Vehicle Code, of a vehicle other than
a mobilehome which is parked in the park when there is dis-
played a sign at each entrance to the park as provided in para-
graph (1) of subdivision (a) of Section 22658 of the Vehicle Code.
798 21). The management shall post on a sign provided by the
Department of Housing and Community Development only the
name, address, and phone number of the mobilehome ombudsman
designated under Chapter 9 (commencing with Section 18 150) of
fart 2 of Division 13 of the Health and Safety Code, in it conspicuous
public place within the mobilehome park.
798.29.5. The management shall provide, by posting notice on
the mohllehonics of all affected homeowners and residrnts. at (cast
I • 11 it a0van(c nutlCo' „f an Interrn {,lion u1 utility service
'1 .n 1 hour, for' the 111,I[MICllirnlC, repair, or replacement
l .< ,.nhty a}stcnls tver which the management has
1.1111 hr park, provided that the interruption is not due to
it 1 t: cnc, I he management shall 1x liable only for actual
:1.: I,ii •led by it homeow ner or resident for violation of this
ulcr,enc ' (or purposes (if this section, means the interruption
,.I III h service resulting from an accident or act of' nature, or
, c .n1:n1 of set vice caused by other than the management's regular
,1I amic I Ina ntcnancc, repair, or replacement of utility facilities.
Article 4. Fees and Charges A .
Jr, t(: Illy management shal I give it homeowner written notice
1t n u1, reasc in his or her rent at least 90 days before the date of �-
Ow 11 rca,c
)h ;1 A norneowner shall not be charged it fee for other than
ten tit, lite,, andincidental reasonable charges for services actually
ren -nc•.I
horrneowner shall not be charged a fee for obtaining a lease on a
moil lehome lot for ( I 1 it term of 12 months, or (2) a lesser period as the
hon1:•ow ner may request. A fee may he charged for it lease of more
that Inc Near if the fee is mutually agreed upon by both the homeowner
:Intl 1 1 ;1ragenwrl
''ti c 2 (a) A homeowner shal I not be charged it fee for services
actuAly rendered which are not listed in the rental agreement unless
he (•I she has been given written notice thereof by the management,
at Ic. ,l ht) days before imposition of the charge.
1!, I -hose fees and charges specified in subdivision (a) shall be
sep,uatcly stated on any monthly or other periodic billing to the
homeowner. If the fee or charge has a limited duration or is amor-
tized till it ,pecitied period. the expiration date shall be stated on the
imn.1 notice and each subsequent billing to the homeowner while
the 'rc :,r, harge is hilled to the homeowner.
i. (a1 A homeowner shall not be charged a fee for keep-
ing it pit in the park unless the management actually provides special
facihn(e or services for pets. If special pet facilities are maintained
by v1c management, the fee charged shall reasonably relate to the
cost ,,f maintenance of the facilities or services and the number of
pet, cpl it the park.
0, If the management of a rnobilehonne park implements it rule
or rc_- ulmion prohibiting residents from keeping pets in the park, the
new :11c- or regulation shall not apply to prohibit the residents from
continuing to keep file pets currently in the park if the pct otherwise
conforms w ith the previous park rules or regulations relating to pets.
Ilow' vc1, If the pct dies or no longer lives with the resident, the
resid, ni does not have the right to replace the pct.
(c Any rufe or regulation prohibiting residents from keeping pets
in 111, nulhllehonic park shall not apply to guide dogs, signal dogs,
or ,c, c is r dog,
711' ; '. (it) A homeowner shall not be charged a fee for a guest
who loc, not stav with him or her for more than a total of 20
,:onsc, utrvc day• or it total of 30 days in it calendar year. Such a
,uest hall not hr required to register with the management.
(b % homeowner who is living alone and who wishes to share
his or net mobilehome with one person may do so, and a fee shall
not he mpox ed by management for that person. The person shall be
con,nlrrc,f ,I guest of the homeowner and any agreement between
the h: meo\c nci ,in(] the person shall not change the terms and
condll on, ,�f the rental agreement between management and the
home,••.\ ncr 'l he west shall comply with the provisions of the rules
:,nd Ict ul:ltrcun, of the mobilehome park.
Icl A ,cnloi hommowner may share his or tier mobilehome with
any pe ,on over 1 N year, of age if that person is providing live -in
hcaltf arc or Ilvc In supportive cure to the homeowner pursuant to
wr1 r, u11c1 I pfan prepared by the homeowner's physician. A