Editor's note—Ord. of June 7, 1988, §§ 1—8,
as ratified by Res. No. 88-289 of June 28, 1988, being nonamendatory
of the Code, has been included herein as Art. V, §§ 29-101—29-108,
at the discretion of the editor. Section 9 of said ordinance, providing
for severability, has been omitted from codification.
Cross reference—Trailers and mobilehomes, § 6-419
et seq.
For the purposes of this article, the following words, terms,
and phrases shall be defined as follows:
shall mean the mobilehome park rental review board of the
City of Escondido.
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.
shall mean the community development department of the City
of Escondido.
shall mean a vehicle designed and equipped for human habitation
and which is used as the principal place of habitation for the occupants
thereof.
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.
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.
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.
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.
shall mean the consideration paid for the use or occupancy
of a mobilehome space.
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.
shall mean the right of a tenant to use or occupy a mobilehome
space.
shall mean a person who has a tenancy in a mobilehome park.
(Ord. of 6-7-88, § 1)
(a)
The
city council of the City of Escondido shall serve as the mobilehome
park rental review board.
(b)
The
board shall establish the time of any hearings or meetings held pursuant
to this article and such hearings or meetings shall be held in the
City Hall as often as the board determines to be necessary to discharge
its duties hereunder.
(c)
Three
members shall constitute a quorum for the purpose of conducting a
hearing or meeting. Decisions of the board shall be made by a majority
vote of the members present.
(d)
The
duties and responsibilities of the board shall include the hearing
of all rent increase applications and determine either to approve
or disapprove a rent increase in the manner provided for herein.
(Ord. of 6-7-88, § 2)
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)
An
owner may file with the department a rent increase application for
one or more mobilehome spaces for approval by the board.
(b)
An
application for a rent increase pursuant to this section shall be
filed upon a form prescribed by the department and shall be accompanied
by the payment of a fee which will be determined by the board; provided,
however, that no fee shall be charged for applications filed within
the first 180 days after the effective date of this article. Said
application shall specify the address of the mobilehome park, the
space number or numbers for which rent is requested to be increased,
the amount of the requested rent increase, and the facts supporting
the requested increase. The applicant shall produce at the request
of the department any records, receipts, reports, or other documents
that the department may deem necessary for the board to make a determination
whether to approve a rent increase. The application shall be made
under penalty of perjury and supporting documents shall be certified
or verified as requested by the department.
(c)
Upon
receipt of a rent increase application, the department shall mail
a notice to the affected tenants at the mobilehome spaces designated
in the application, informing them of the receipt of such application,
the amount of the requested rent increase, a brief summary of the
owner's justification for the request, any supporting documents which
may be inspected at the City Hall, the tenant's right to submit written
statements, photographs or other documents relating to the application
within 30 days after the date the notice is mailed, and the address
where such statements or documents may be mailed or delivered.
(d)
The
department shall determine within 30 days after receipt of a rent
increase application whether said application is complete. If the
department determines that said application is not complete, it shall
notify the applicant in writing as to what additional information
is required.
(e)
A copy of each rent increase application shall be provided to each member of the board after such application is determined to be complete. The board shall hold a hearing on said application within 60 days after such determination is made except as provided in subsection (i). Notice of the time, date, and place of the hearing shall be mailed to the applicant and the affected tenants at the mobilehome spaces designated in the application at least 10 days prior to the hearing.
(f)
At the hearing, the applicant and the affected tenants may offer any testimony that is relevant to the requested rent increase. The applicant and affected tenants may offer documents, written declarations, or other written evidence for the first time at the hearing only if good cause is shown why such evidence was not filed with the department prior to the hearing. Formal rules of evidence shall not be applicable to such proceedings. Except as provided in subsection (j) within 15 days after the close of the hearing, the board shall make its determination, pursuant to the standards established by subsection (j) of this section, approving or disapproving a rent increase for the mobilehome space or spaces specified in the rent increase application.
(g)
The
board shall approve such rent increase as it determines to be just,
fair and reasonable. The board shall consider the following factors,
in addition to any other factors it considers relevant, in making
such determination:
(1)
Changes in the Consumer Price Index for All Urban Consumers in San
Diego Metropolitan Area published by the Bureau of Labor Statistics.
(2)
The rent lawfully charged for comparable mobilehome spaces in the
City of Escondido.
(3)
The length of time since either the last hearing and final determination
by the board on a rent increase application or the last rent increase
if no previous rent increase application has been made.
(4)
The completion of any capital improvements or rehabilitation work
related to the mobilehome space or spaces specified in the rent increase
application, and the cost thereof, including such items of cost, including
materials, labor, construction interest, permit fees, and other items
as the board deems appropriate.
(5)
Changes in property taxes or other taxes related to the subject mobilehome
park.
(6)
Changes in the rent paid by the applicant for the lease of the land
on which the subject mobilehome park is located.
(7)
Changes in the utility charges for the subject mobilehome park paid
by the applicant and the extent, if any, of reimbursement from the
tenants.
(8)
Changes in reasonable operating and maintenance expenses.
(9)
The need for repairs caused by circumstances other than ordinary
wear and tear.
(10)
The amount and quality of services provided by the applicant to the
affected tenant.
(11)
Any existing written lease lawfully entered into between the applicant
and the affected tenant.
(h)
The
board may provide that an increase in rent or a portion of an increase
in rent granted by the board be limited to the length of time necessary
to allow the park owner to reasonably amortize the cost of a capital
improvement, including interest. Such increase granted as a result
of the capital improvement shall not continue beyond the time necessary
for reasonable amortization of the cost of such improvement.
(i)
Notice
of the board's determination shall be mailed to the applicant and
all affected tenants at the mobilehome spaces designated in the application.
The determination of the board shall be final.
(j)
In the event that the board is unable to act and make its final determination on a completed rent increase application within the time limitations prescribed by subsections (d) through (f) of this section, and after the 30 days for the tenant to file statements or documents in opposition to the application under subsection (c) shall have expired, the board may approve such interim rent increase for the mobilehome space or spaces specified in said application which clearly appears to be warranted when the factors set forth in subsection (g) of this section are considered, based upon the facts stated in the application, any written statements or documents filed with the department by the affected tenants, and any other facts known to the board. An approved interim rent increase shall expire on either (1) the last day of the month within which the board makes its final determination disapproving a rent increase, or (2) the effective date of a rent increase which is approved by a final determination of the board.
(Ord. of 6-7-88, § 4)
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)
(a)
Any
person who demands, accepts or retains any payment of rent in violation
of the provisions of this article shall be liable in a civil action
to the person from whom such payment is demanded, accepted or retained
for damages in the sum of three times the amount by which the payment
or payments demanded, accepted, or retained exceed the maximum rent
which could be lawfully demanded, accepted, or retained together with
reasonable attorney's fees and costs as determined by the court.
(b)
Any
person violating any of the provisions of this article shall be guilty
of a misdemeanor and shall be punishable in the manner provided by
section 1-13 of the Escondido Municipal Code.
(Ord. of 6-7-88, § 8)
