For the purposes of this article, the following words, terms,
and phrases shall be defined as follows:
"Board"
shall mean the mobilehome park rental review board of the
City of Escondido.
"Capital improvement"
shall mean the installation of new improvements and facilities
and/or the replacement or reconstruction of existing improvements
and facilities which consist of more than ordinary maintenance and/or
repairs.
"Department"
shall mean the community development department of the City
of Escondido.
"Mobilehome"
shall mean a vehicle designed and equipped for human habitation
and which is used as the principal place of habitation for the occupants
thereof.
"Mobilehome park"
shall mean any area of land within the City of Escondido
where two or more mobilehome spaces are rented, or held out for rent,
to accommodate mobilehomes used for human habitation.
"Mobilehome space"
shall mean the site within a mobilehome park intended, designed,
or used for the location or accommodation of a mobilehome and any
accessory structures or appurtenances attached thereto or used in
conjunction therewith.
"Owner"
shall mean the owner or operator of a mobilehome park or
an agent or representative authorized to act on said owner's or operator's
behalf in connection with the maintenance or operation of such park.
"Rehabilitation work"
shall mean any renovation or repair work completed on or
in a mobilehome park which was performed in order to comply with the
direction or order of a public agency, or to repair damage resulting
from fire, earthquake, or other casualty.
"Rent"
shall mean the consideration paid for the use or occupancy
of a mobilehome space.
"Rental increase"
shall mean any increase in rent charged by an owner to a
tenant, including but not limited to lease offers, lease renewal offers,
and increase in monthly rents.
"Tenancy"
shall mean the right of a tenant to use or occupy a mobilehome
space.
"Tenant"
shall mean a person who has a tenancy in a mobilehome park.
(Ord. of 6-7-88, § 1)
Except as hereinafter provided, an owner shall not demand, accept,
or retain rent for a mobilehome space exceeding the rent in effect
for said space on January 1, 1986. If a previously rented mobilehome
space was not rented on January 1, 1986, the owner shall not demand,
accept, or retain rent for said space exceeding the rent in effect
during the last month the space was rented prior to January 1, 1986.
If a mobilehome space is rented for the first time after January 1,
1986, the owner shall not demand, accept, or retain rent for said
space exceeding the rent first charged for the space. No owner shall
send a notice containing the specific amount of a proposed rental
increase prior to receiving approval of a rent increase from the board.
Except as herein provided, an owner shall not demand, accept or retain
rent exceeding the rent in effect on January 1, 1986, for a mobilehome
space that was not regulated by this section prior to January 1, 1986.
If such mobilehome space was not rented on January 1, 1986, the owner
shall not demand, accept or retain rent for said space exceeding the
rent in effect during the last month the space was rented prior to
January 1, 1986.
(Ord. of 6-7-88, § 3)
A tenant whose tenancy is not regulated by the provisions of
the mobilehome residency law shall not be charged a fee for anything
other than rent or utilities with the exception of incidental reasonable
charges for services actually rendered.
(Ord. of 6-7-88, § 5)
A tenancy which is not subject to the provisions of the mobilehome
residency law shall not be terminated nor shall its renewal be refused,
except for one or more of the following reasons:
(1) Failure
of the tenant to comply with a local ordinance or state law or regulation
relating to mobilehomes within a reasonable time after the tenant
receives a notice of noncompliance from the appropriate governmental
agency.
(2) Conduct
by the tenant, upon the mobilehome park premises, which constitutes
a substantial annoyance to other tenants.
(3) Failure
of the tenant to comply with reasonable rule or regulation of the
mobilehome park. No act or omission of the tenant shall constitute
such failure to comply unless and until the owner has given the tenant
written notice of the alleged rule or regulation violation and the
tenant has failed to adhere to the rule or regulation within seven
days.
(4) Nonpayment
of rent, utility charges, or reasonable incidental service charges.
(5) Condemnation
of the mobilehome park.
(6) Change
of use of the mobilehome park, provided that the provisions of Subsection
(f) of Section 798.56 of California
Civil Code are followed:
(a) The owner gives the tenant written notice of the proposed change
12 months or more before the date of the proposed change.
(b) The owner gives each proposed tenant whose tenancy will commence
within 12 months of the proposed change written notice thereof prior
to the inception of his tenancy. Notice of termination or refusal
to renew must be given in writing in the manner prescribed by Section
1162 of the
Code of Civil Procedure at least 60 days prior to the
termination date of the tenancy. Said notice shall state the date
the tenancy terminates, the reason for the termination or refusal
to renew, and the specific facts upon which the owner is relying.
(Ord. of 6-7-88, § 6)
A tenant may refuse to pay any rent in excess of the maximum
rent permitted by this article. The fact that such unpaid rent is
in excess of the maximum rent shall be a defense in any action brought
to recover possession of a mobilehome space for nonpayment of rent
or to collect the illegal rent.
(Ord. of 6-7-88, § 7)