[1]
Editor’s Note: Ord. No. 412, § 1, adopted 12-28-1981, amended the Code by adding a new Art. XXXII, §§ 2-156—2-163, to ch. 2. Inasmuch as Ord. No. 406, adopted 9-10-1981, already enacted a new Art. XXXII, and in order to avoid duplicative numbering, the editor, in his discretion, has numerically redesignated the provisions of Ord. No. 412 as a new Art. XXXIII, §§ 2-170—2-176. The editor has also, in his discretion, omitted from inclusion in Art. XXXIII the severability provisions of Ord. No. 412, designated as § 2-163.
[Ord. No. 412, § 1(2-157), 12-28-1981]
For the purposes of this article, the following terms, phrases,
words and their derivations shall have the meaning given herein, unless
the context in which they are used clearly requires a different meaning.
Shall mean a dwelling unit built on a chassis and containing
complete electrical, plumbing and sanitary facilities, and designed
to be installed on a temporary or a permanent foundation for permanent
living quarters.
Means a park licensed by the board of health pursuant to
Massachusetts General Laws, Chapter 140, Section 32B.
Means the mobile home park rent control board as established
herein.
Means rules and regulations as promulgated by the board.
Is mandatory; May is permissive.
[Ord. No. 412, § 1(2-156), 12-28-1981; Ord. No. 1123, § I, 3-10-2015]
In accordance with Article 2, Section 2-10, Article 3, Section 3-3 and Article 6 of Chapter 72 of the Acts of 2013, the Mayor shall appoint five members to the Mobile Home Park Rent Control Board subject to City Council approval. Each member will serve for a term of five years. In the event of a vacancy, the Mayor shall appoint a successor as soon as practicable, subject to city council approval, and said successor shall fulfill the unexpired term of the member whose seat was vacated. All five members must represent the public interest, and none of the members can be a mobile home park tenant or a mobile home park land owner.
[Ord. No. 412, § 1(2-158), 12-28-1981]
(a)
The board shall regulate rents, set minimum standards for use or
occupancy of mobile home park accommodations and evictions of tenants
therefrom; and may require information of said owners relating to
their parks under penalties of perjury.
(b)
The board may make rules and regulations, sue and be sued, compel
attendance of persons and the production of papers and information,
and issue appropriate orders which shall be binding on both the owner
and tenant of such mobile home park accommodations.
[Ord. No. 412, § 1(2-159), 12-28-1981]
(a)
The board may take individual or general adjustments, either upward
or downward, as may be necessary to assure that rents for mobile home
park accommodations are established on levels which yield to owners
a fair net operating income for such units.
(b)
Fair net operating income shall be that income which will yield a
return, after all reasonable operating expenses, on the fair market
value of the property, equal to the debt service rate generally available
from institutional first mortgage lenders or such other rates of return
as the board, on the basis of evidence presented before it, deems
more appropriate to the circumstances of the case.
(c)
Fair market value shall be assessed valuation of the property or
such other valuation as the board, on the basis of evidence presented
before it, deems more appropriate to the circumstances of the case.
(d)
No proposed rent increase shall be effective without the prior approval
of the board,
(e)
The board may establish further standards and rules consistent with
the foregoing.
[Ord. No. 412, § 1(2-160), 12-28-1981]
The board may regulate evictions of tenants at mobile home parks
and may issue orders which shall be a defense to an action of summary
process for possession.
[Ord. No. 412, § 1(2-161), 12-28-1981]
(a)
The board and its actions shall be the subject to the provisions
of Massachusetts General Laws, Chapter 30A (Administrative Procedures
Act) as if the board were an agency of the Commonwealth of Massachusetts.
(b)
The district court of Berkshire County shall have original jurisdiction,
concurrently with the superior court, of all petitions for review
brought pursuant to Section 14 of Chapter 30A of the General Laws.
The superior court and the district court of Berkshire County
shall have concurrent jurisdiction to enforce the provisions of this
article, and any ordinance adopted thereunder, and may restrain violations
thereof.
[Ord. No. 412, § 1(2-162), 12-28-1981]
Violations of this article or any order of the board shall be
punished by a fine of not more than $1,000 for any one offense.
