Note: Prior ordinance history: Ord. dated 5/4/82 and Ords.
250, 257, 264, 281, 351.
As used in this chapter:
Any reference to "base rent" in this chapter shall be deemed
to be and shall be construed as a reference to "current rent."
means the mobilehome fair practices commission established
by this chapter.
From May 1, 1982, which shall be deemed to be the effective
date of the ordinance codified in this chapter, until such time as
this chapter is no longer deemed necessary by the city council and
approved by the majority of the voters of the city, no mobilehome
park owner of any mobilehome space covered by this chapter shall request,
demand or receive a rent increase in excess of three-fourths of the
increase in the cost of living as indicated in the latest available
Consumer Price Index for the twelve-month period preceding the date
of a rent increase. No mobilehome park owner shall be entitled to
more than one rent increase in any twelve-month period.
As used in this chapter, the term "Consumer Price Index"
means that portion of the Consumer Price Index published by the United
States Department of Labor for the Riverside-San Bernardino-Ontario
Area, designated as "All Urban Consumers (Current Series), All Items,
December 2017=100."
means an area of land where two or more mobilehome sites
are rented, or held out for rent, to accommodate mobilehomes used
for human habitation.
means the owner, lessor, operator or designated agent thereof
of a mobilehome park.
means a mobilehome park.
means any person entitled to occupy a mobilehome pursuant
to ownership thereof or a rental or lease agreement with the owner
of the mobilehome. The term "resident" also includes a prospective
homeowner, including a purchaser of a mobilehome already located in
the park.
means the consideration, including any bonus, benefit or
gratuity demanded or received in connection with the use and occupancy
of a mobilehome space in a mobilehome park.
(Ord. 406 § 1, 1988; Ord. 503 § 1, 1991; Ord. 599 § 1, 1994; Ord. 1155 § 2, 2019)
A.
The
provisions of this chapter shall apply to mobilehome parks located
within the city and to those rental spaces in a mobilehome park which
are located entirely within the city limits.
B.
The
provisions of this chapter shall apply only to changes in rental rates
or park rules and regulations effective on or after May 1, 1982.
C.
Nothing
in this chapter shall apply to any rental increase agreed to in a
lease for a period greater than twelve months or to any extension
or renewal of such a lease between a mobilehome park owner and a resident
and/or prospective unit owner and/or prospective resident of the park
if the lease is for a period in excess of twelve months' duration
and otherwise complies with Civil Code Section 798.17, and, in addition,
satisfies the following requirements:
1.
Before
any rental agreement or lease, in excess of twelve months, is offered
to any tenant, it must first be submitted to the mobilehome fair practices
commission for review to determine if it complies with the terms of
the mobilehome rent control ordinance. It shall not be offered to
the tenant until the proposed lease or rental agreement has been approved
by the commission.
2.
Before
any rental agreement or lease in excess of twelve months is executed
by the resident the owner must:
a.
Offer the resident the option of a rental agreement for a term of
twelve months or less;
b.
Provide the resident with a copy of the mobilehome rent control ordinance;
and
c.
Inform the resident both orally and in writing that if the resident
signs a lease or rental agreement with a term in excess of twelve
months which has been reviewed and approved by the commission in accordance
with the provisions of the mobilehome rent control ordinance, the
lease or rental agreement may not be subject to the terms and protections
of the mobilehome rent control ordinance.
D.
If a
space in a mobilehome park is voluntarily vacated on or after May
1, 1982, and while this chapter is in effect, the rent may be increased
upon the rerental of the space to an amount which does not exceed
the average rental rate for comparable space rent in the park. As
long as the space continues to be rented to one or more of the same
persons, the rent in effect on the rerental shall be the base rent
for the purpose of commission review of any rental rate increases
after the date of the rerental. For the purposes of this subsection,
the vacation of a space is voluntary if it was not the result of an
eviction, whether for just cause or otherwise or the result of owner's
refusal to renew a periodic tenancy or lease agreement.
E.
If a
space was not rented on May 1, 1982, but was subsequently rerented
and continued to be rented to one or more of the same persons, the
rental in effect on the rerental shall be the base rent for the purpose
of commission review of any rental rate increase after the date of
rerental.
F.
If a
space is involuntarily vacated after May 1, 1982, the rental rate
in effect on the date of such involuntary vacation shall be the base
rent for the purpose of commission review of any rental rate increase.
(Ord. 406 § 1, 1988; Ord. 503 § 2, 1991; Ord. 508 § 1, 1991)
A.
If the
application of this chapter, or any section thereof, would operate
to confiscate the mobilehome park owners' property in violation of
the United States Constitution or California Constitution, then such
act, section or part shall not apply to said owner regarding such
property.
B.
No mobilehome park owner shall increase any rent pursuant to this section unless and until the mobilehome park owner obtains a hardship adjustment granted by the commission as provided in this chapter in Section 9.58.070(C). A CPI rental adjustment shall not be allowed within twelve months of a park owner having received a hardship increase. A hardship increase shall not be allowed within twelve months of a CPI rental adjustment. It is intended that there will be no more than one rental increase imposed on the tenants within any twelve-month period.
C.
The commission shall receive petitions or applications for adjustment of rent only from October 1st through to and including the following March 1st. A complete petition will, after receipt, be heard and determined as otherwise provided within this chapter. Any mobilehome park owner who shall be granted any such hardship adjustment as to one or more mobilehome spaces, may adjust the rent on such space or spaces in an amount not exceeding the amount of the hardship adjustment so granted or approved by the commission, upon giving to the residents such written notice as is required by law. Service upon any resident of a copy of the petition or application to such commission for a hardship adjustment of rent shall be deemed to constitute the notice of rent increase referred to in Section 9.58.040 of this chapter; provided, however, that the resident shall be entitled to at least ninety days' written notice of the actual dollar amount of any rent increase.
(Ord. 406 § 1, 1988; Ord. 894 § 1, 2004)
A notice of rent increase allowable by this chapter may be served
upon the park residents at any time. Any such increase shall become
effective not less than the notice period specified in Civil Code
Section 798.30, ("the statutory notice period") as that section may
be amended from time to time. All notices of rent increase shall be
served in the manner prescribed by law. If any notice required by
this chapter is not served on the tenant, the tenant shall not be
required to pay any increase in rent until the statutory notice period
after such notice is served on him/her has expired. If any notice
of rent increase, served pursuant to this section, does not state
the actual dollar amount of such rent increase a supplemental or additional
notice which does state the actual dollar amount of such rent increase
shall be served upon the tenant, in the manner prescribed by law.
The increase noticed in the supplemental or additional notice shall
be effective on the date the statutory notice period expires.
(Ord. 406 § 1, 1988; Ord. 706 § 1, 1998)
[1]
Civil Code Section 798.30 requires ninety days' notice for
a rent increase.
A.
No mobilehome
park owner shall reduce or eliminate any service to any mobilehome
space and/or any common area of the mobilehome park such as streets,
sewage systems, utility systems, security systems, recreational facilities,
laundry facilities, TV antenna systems, clubhouse or recreation hall,
air conditioning/heating systems in common area buildings, or any
other common area amenity of the park, so long as this chapter is
in effect, unless and until any proportionate share of the cost savings
resulting from such reduction or elimination is passed on to the resident
in the form of a decrease in space rent. If the commission otherwise
determines that the park owner is entitled to any increase in existing
rent, they will then subtract from such a proposed rental increase
the value of any such services which has been eliminated or reduced
from the park from such rental increase. For example, if a mobilehome
park owner who provides services to a mobilehome space in the nature
of utility services shall reduce or eliminate such service by separate
metering or other lawful means of transferring from the mobilehome
park owner to the resident the obligation for payment for such services,
the cost savings, if any, resulting from such reduction or elimination
shall be passed on to the resident in the form of a decrease of rent.
The computation of such cost savings shall be based upon the average
monthly charge for such service for the prior year or such other period
as the parties shall mutually agree or determined by the commission
to be representative of such cost savings.
B.
For
the purposes of this section in determining cost savings to be passed
on to the resident in the form of decreased rent, the cost of installation
of separate utility meters, or similar or analogous costs to the mobilehome
park owner to shift the obligation for payment of utility costs to
the resident, shall not be considered. Nothing stated herein shall
be construed to prohibit or prevent the consideration or inclusion
of such costs, together with other operational costs of a mobilehome
park owner, in any proceedings before a duly appointed board, commission
or other appointed body, authorized to hear and determine requests
for hardship adjustments.
(Ord. 406 § 1, 1988)
A.
The
mobilehome fair practices commission of the city is established.
B.
The
commission shall consist of a total of seven members which shall consist
of five resident electors who are neither mobilehome owners or tenants
or mobilehome park owners, operators or managers, one resident who
will be a mobilehome park owner, operator, or manager, and one resident
elector who shall be a mobilehome owner. Neither the resident elector
who is a park owner, operator or manager, nor the resident elector
who is a mobilehome owner shall be entitled to vote on any matter
heard or decided by the commission. These two members of the commission
shall participate for information purposes only. They may participate
in hearings and discussions of the commission, but neither shall be
entitled to vote or attend or participate in closed session meetings.
Only the other five resident electors who comprise the commission
shall be entitled to vote and attend and participate in closed session
meetings.
C.
Members
of the commission shall be appointed by the city council and shall
serve at its pleasure. The term of office of each current member of
the commission shall expire on the date of the first regular city
council meeting in June of 1998. At the first regular city council
meeting in June of 1998, each council member may offer for nomination
to the commission a person of requisite skills to be confirmed by
a vote of the city council. The term of service shall be one year,
with a maximum service limit of four consecutive terms subject to
waiver by the city council, unless one of the following occurs: (1)
their office becomes vacant pursuant; or (2) they are removed from
office pursuant to this section.
D.
Any
member who is absent without being excused by the commission from
three successive regular meetings of the commission shall be deemed
to have vacated his office.
E.
Except
as expressly provided herein, the commission shall establish the time
and place of its meetings. All meetings of the commission shall be
conducted in accordance with the provisions of the Ralph M. Brown
Act. All meetings, deliberations, discussions, and any other form
of meeting in which two or more representatives of the commission
discuss facts under their consideration, shall be open to the public
following appropriate notice requirements as set forth in this chapter.
F.
Disclosures.
All candidates for appointment to the commission and the hearing officer
shall disclose in a verified statement all present holdings and interests
in real property, including interests in corporations, trusts or other
entities owning real property within this jurisdiction as defined
by California Government Code Section 82035. Such disclosure statement
shall be made available to the city council prior to appointment of
members of the commission, and shall be filed with the city clerk
not less than ten days after appointment. Disclosure of holdings required
herein shall be in addition to any other disclosure required by state
or local law for holders of public office.
G.
The
commission shall make and adopt its own rules and regulations for
conducting its business consistent with this chapter and laws of the
state. Such rules and regulations shall be reduced to writing and
shall be on file with the city clerk at all times. Such rules and
regulations are subject to the review, approval, and/or modification
by the city council. Such review, approval, and/or modification may
be initiated at any time upon the city council's own motion, or upon
the written request of a resident of the city. The commission shall
appoint such officers as may be necessary.
H.
The
commission shall keep a record of its proceedings, which shall be
open for inspection by any member of the public.
I.
Each
member of the commission shall be entitled to such compensation as
may be set by the city council by ordinance to be paid entirely from
filing fees paid to the city.
The commission shall not have authority to expend or authorize
the expenditure of any public funds except with the prior express
approval of the city council.
J.
The
city manager shall designate an employee who shall serve as the secretary
of the commission. The city clerk shall be responsible for the maintenance
of all its permanent records.
K.
Three
voting members and one nonvoting member of the commission shall constitute
a quorum. Three affirmative votes are required for a decision, including
all motions, order and rulings of the commission.
(Ord. 406 § 1, 1988; Ord. 559 § 1, 1992; Ord. 610 § 1, 1994; Ord. 619 § 1, 1995; Ord.
696 § 1, 1998; Ord. 906 § 1, 2005)
Within the limitation provided by law, the mobilehome fair practices
commission shall have the following powers and duties:
A.
To meet
at such times as may be regularly scheduled by the commission, or
from time to time at the call of the chairman to hear and determine
petitions filed hereunder, and to gather evidence as required to determine
issues presented in the petitions through the use of subpoenas as
provided within Government Code Section 11450.10 et seq. to otherwise
conduct business of the commission, and to utilize city offices and
facilities as needed and as available;
B.
To receive,
hear and determine petitions or other requests of tenants or other
interested persons for the interpretations of this chapter, or for
review of a mobilehome park owner's actions pursuant to this chapter.
In hearing such petitions or request of resident or other interested
persons, the commission shall have no authority to fix or award civil
penalties, damages or attorney's fees, but shall have the authority
to assess against a mobilehome park owner appearing in such proceeding
the actual cost, in whole or in part, of the conduct of such proceedings
in those cases where the commission shall find and determine that
the mobilehome park owner has, in fact, violated the terms of this
chapter. The findings and determination or decision of the commission
shall be available in written form for use in any judicial proceeding
which may be brought pursuant to this chapter;
C.
To receive, investigate, hear and determine petitions of landlords for hardship adjustment of rent pursuant to Section 9.58.030 of this chapter, and to use the services of retained professional assistance within the restraint of funds for the services as available within a trust fund established for this purpose;
D.
To make
or conduct such independent hearings or investigations as may be appropriate
to obtain such information as is necessary to carry out its duties.
All decisions of the commission shall be prospective but may be made
retroactive in operation and application to the date of the alleged
incident. The commission shall have the power and authority to order
the reimbursement of rent by a mobilehome park owner to residents,
and to enforce against any mobilehome park owner, retroactively, any
increase of rent in violation of this chapter for any period of time
before the date of the filing of the petition which is the basis for
the order. If the commission shall find that a mobilehome park owner
has accepted, received or retained any rent payment in excess of the
amounts permitted by this chapter, or that the mobilehome park owner
has otherwise violated the terms of this chapter, the commission may
make corrective orders as necessary with the right of judicial review
retained by the park owner. Where the party to a petition before the
commission has failed to comply with a prior order of the commission,
the commission may directly implement its prior order through an administrative
judgment. The judgment may directly order a rent increase or decrease
upon which any park owner or tenant may rely without civil liability.
Nothing stated in this section shall be construed to prohibit or preclude
voluntary adjustment or settlement of any claims or causes of action
which may exist between the mobilehome park owner and the resident;
E.
To authorize
an increase in the maximum amount of rent otherwise permitted to be
charged by a mobilehome park owner pursuant to this chapter. Such
authorization shall be given only in those cases where the commission
finds that the application of this chapter, apart from such authorized
increase, results or would result in undue hardship to the mobilehome
park owner, or would prevent a mobilehome park owner from obtaining
a just and reasonable return on the mobilehome park owner's property.
Such authorization to increase the maximum rent may be granted for
a stated period of time or permanently as appropriate according to
the facts. Such adjustment of maximum rent may take the form of a
redetermination of base rent, a surcharge of a given dollar or percentage
amount, a separate charge for utility or other services, or such other
form as the commission shall find most appropriate. In determining
whether hardship rent increase should be authorized, the commission
may consider, among other relevant facts, reduction or elimination
of any service by the park owner to any mobilehome space or common
area of the mobilehome park, increased costs to the mobilehome park
owner attributable to increases or decreases in master land and/or
facilities lease rent, utility rates, property taxes, insurance, advertising,
debt service cost, governmental assessments and fees, incidental services,
normal repair and maintenance, capital improvements, upgrading and
addition of amenities or services, net operating income, as well as
just and reasonable return on the mobilehome park owner's property;
F.
To render, at least semiannually, a written report to the city council concerning its activities, rulings, actions, results of hearings and all other matters pertinent to this chapter, including recommendations for amendment thereof, within the limitations of Section 9.58.080;
G.
To adopt,
promulgate, amend and rescind administrative rules of procedure. Nothing
in this subsection shall be construed as authority for the commission
to make any administrative rules affecting the substantive rights
of either mobilehome park owners or residents;
H.
To maintain
and keep at City Hall hearing files and dockets listing the time,
date and place of hearings, the parties involved, the addresses of
said parties and final disposition of each such petition with appropriate
findings;
I.
To recommend
to the city council the adoption of a fee schedule setting such fees
and charges as appear necessary or desirable to defray in whole or
in part the costs of administration of the commission and conduct
of its assigned duties.
J.
To conduct hearings pursuant to Section 9.58.090, and initiated pursuant to Section 9.58.080, regarding matters within the subject matter jurisdiction of the commission as set out in this chapter. The commission shall make a final decision no later than ten days after the conclusion of the hearing and shall provide written notice of the decision to each party, as specified in Section 9.58.090.
K.
To review
all applications and requests submitted by any mobile home park owner
seeking financial assistance from the housing authority or redevelopment
agency for maintenance or construction of any mobile home park improvement,
or for a service provided to residents of a mobile home park, and
to make recommendations to the housing authority board/redevelopment
agency board regarding the same.
(Ord. 406 § 1, 1988; Ord. 476 § 1, 1990; Ord. 556 § 1, 1993; Ord. 891 § 1, 2004; Ord.
892 §§ 1, 2, 2004; Ord. 923 § 1, 2006)
A.
Any resident of a mobilehome park affected by this chapter, upon payment of such filing fee as shall be duly established, or upon approval of a filing fee waiver pursuant to Section 9.58.080(D), may petition the commission for an interpretation of this chapter, or for a determination whether a proposed or actual action by the mobilehome park owner is allowable, valid and in conformity with this chapter. If the commission shall establish forms for such petitions, the petition shall be prepared and submitted upon such form. In the absence of such designated form, the petition shall contain the name, address and telephone number, if known, of the mobilehome park owner, manager or other person authorized to represent the mobilehome park owner of the mobilehome space, a brief statement of the facts giving rise to the request for interpretation or determination; and a statement that a copy of the petition has been personally served or mailed to the mobilehome park owner, manager or other person authorized to accept and receive notices to the mobilehome park owner.
B.
Any
mobilehome park owner of a mobilehome park affected by this chapter
may, upon payment of such filing fee as shall be duly established,
petition the commission for an interpretation of this chapter, or
for a determination whether a particular proposed course of action
by said mobilehome park owner is allowable, valid and in conformity
with this chapter. The commission may designate forms for the filing
of such petitions. In the event that no such form has been designated,
the petition shall be in writing and shall contain the name, address
and telephone number, if any, of the person requesting the interpretation
or opinion; the name and address of each resident of a mobilehome
space owned or managed by the person requesting the interpretation
or opinion, if it is intended that such interpretation or opinion
affects such mobilehome space; a brief statement of the facts giving
rise to the request for interpretation or opinion; and a statement
that a copy of such petition has been personally served upon or mailed
to each such resident who might be affected thereby.
C.
A mobilehome
park owner or any representative of the mobilehome park owner, operator
or manager, or mobilehome owner, or mobilehome owner representative
of a mobilehome space affected by this chapter, upon payment of such
filing fee as shall be duly established, may petition the commission
for a hardship increase of the maximum rent permitted to be charged
pursuant to this chapter only from October 1 to March 1. If the commission
shall designate a form for the filing of such petition, such petition
shall be filed upon such form. If no such form shall be designated,
such petition shall be in writing, verified by the applicant, and
shall contain the name, address and telephone number of the applicant;
the name and address of the resident of each mobilehome space which
would be affected if the petition were granted; a statement of the
facts giving rise to the petition for hardship increase, in sufficient
detail that if established, such facts would demonstrate the existence
of a hardship upon the mobilehome park owner warranting such hardship
increase; a statement that a copy of the petition has been served
upon or mailed to each resident of a mobilehome park space which would
be affected by the hardship increase if granted. Only that documentation
filed at least fifteen days before the hearing may be introduced into
evidence before the commission, unless the proponent of the documentary
evidence can establish to the commission's satisfaction that the proponent
was unaware of the relevance and/or necessity of the evidence prior
to the fifteen day limitations period.
D.
The city manager, or his or her designee, may waive the payment of the filing fee required in Section 9.58.080(A) if the resident meets all of the following criteria:
1.
The
total income of the resident household must be in the very low to
moderate income category; and
2.
The
resident must occupy the unit and be fulltime/continuous annual resident(s)
in the mobile home park; and
3.
The
resident must state in writing the reason for the request for a petition
fee waiver and provide proof of the annual income of the household;
and
4.
The
resident must file the necessary petition and submit all required
documentation.
(Ord. 406 § 1, 1988; Ord. 857 § 2, 2004; Ord. 892 § 3, 2004; Ord. 923 § 2, 2006)
In addition to any other notices required by law, at least twenty
days notice of the date, time and place of any hearing by the commission
of a petition filed pursuant to this chapter shall be given to the
mobilehome park owner, manager or other person authorized to represent
the mobilehome park owner of the mobilehome park space or spaces which
might be affected thereby, and the resident of each such space. Notice
shall also be given to any person who has filed a written request
for notice with the commission and has paid the fee established by
the city's fee resolution for such notice. The commission may also
require notice to any other parties it may deem interested in the
petition. Notice shall be deemed given on the date the notice was
personally delivered or mailed through the United States mails with
postage prepaid.
(Ord. 923 § 3, 2006)
A.
Each
party to a hearing may have assistance in presenting evidence or in
setting forth by argument his position, from any attorney or such
other person as may be designated by said party.
B.
Formal
rules of evidence shall not apply in commission proceedings, however,
all oral testimony offered as evidence shall be under oath.
C.
In the
event that any party shall fail to appear at the time and place set
for hearing of a petition, the commission may hear and review such
evidence as may be presented, and may make such findings and decisions
as shall be supported by the evidence presented.
D.
The
commission shall make findings based on the evidence as to each fact
relevant to the commission's decision on the petition. The decision
of the commission shall be based upon the findings, and shall:
1.
Interpret
this chapter; and/or
2.
Determine
whether the action or proposed action of a mobilehome park owner is
valid, permitted and in conformity with this chapter; and/or
3.
Determine
whether a hardship exists, and if so, the nature and amount of relief
to be granted or authorized to the mobilehome park owner.
E.
The
commission shall make a final decision no later than ten days after
the conclusion of its hearing or any petition. No rent increase shall
be authorized unless supported by the preponderance of the evidence.
A notice of the commission's decision shall be sent to each party
to a proceeding. Unless good cause to the contrary shall appear, each
decision of the commission shall apply on a space by space basis,
taking into account the possibility of differences in base rent, services
provided, and other facts differentiating rental units.
F.
Nothing
in this chapter, or in any decision of the mobilehome fair practices
commission, shall require any mobilehome park owner to raise rents
or charges to residents. If an increase in the maximum permissible
rent is authorized, a mobilehome park owner may raise rents or charges
by a lesser amount, or for a lesser time than authorized by the decision
of the commission.
G.
The
findings and decisions of the commission shall be final administrative
action. There shall be no right of appeal to the city council. Such
findings and decisions shall be public records, and may be certified
by the secretary of the commission, if any, or by the city clerk.
(Ord. 406 § 1, 1988)
A.
If a
mobilehome park owner demands, accepts, receives or retains any space
rent payment in excess of the amounts permitted by this chapter, or
fails to comply with an order and/or decision of the commission, residents
may recover such sum from the mobilehome park owner as actual damages
and treble that amount, together with a civil penalty of five hundred
dollars per violation, and reasonable attorney's fees and court costs
as determined by a court of competent jurisdiction. The order of the
commission may be introduced by the respective parties to the court
as conclusive of the issues addressed therein.
B.
In any
action for recovery of space rent, or for unlawful detainer based
on nonpayment of rent, the resident may defend such action on the
ground that the amount of space rent is in excess of the space rent
allowed by this chapter.
C.
The
city may bring an action for injunctive relief to prevent or remedy
any violation of this chapter or to prevent or remedy a violation
of a decision and/or order of the commission.
D.
In any
action involving the validity of any proposed or actual space rent
increase, the mobilehome park owner shall have the burden of proving
all facts sustaining the space rent increase.
E.
Nothing
in this section is intended to limit or preclude any other lawful
defense, cause of action, or claim of the mobilehome park owner or
resident.
(Ord. 406 § 1, 1988)
This chapter shall not be construed to prohibit or preempt the
city council from enacting legislation supplementing this chapter,
whether by enforcement, interpretation or further regulation, so long
as the city in no way diminishes any protection which this chapter
affords to residents.
(Ord. 406 § 1, 1988)
A.
No mobilehome
park owner shall in any way retaliate against any resident for the
resident's assertion of, or exercise of, any right under this chapter.
Such retaliation shall be subject to suit for actual and punitive
damages, injunctive relief, and attorney's fees. Such retaliation
shall also be an available defense in an unlawful detainer action.
B.
In any
action in which such retaliation is an issue, the burden shall be
on the mobilehome park owner to prove that the dominant motive for
the act alleged to be in retaliation was in fact other than retaliatory.
(Ord. 406 § 1, 1988)
Unless otherwise provided in this chapter 9.58, the proceedings of the mobilehome fair practices commission are administrative proceedings and are mandatory. There shall be no appeal, as such, from a final determination of the commission. A party not satisfied with such decision may then seek any judicial remedy provided by this chapter or otherwise provided by law. An order not appealed within thirty days of its effective date shall be conclusive between the parties of the issues addressed therein.
(Ord. 406 § 1, 1988; Ord. 892 § 4, 2004)
A.
The
mobilehome fair practices commission shall establish categories or
petitions or requests, and may set priorities for those categories
deemed most urgent.
B.
The
commission shall so arrange its affairs that each petition filed by
a mobilehome park owner seeking a hardship rent increase shall be
heard and determined not later than ninety days following the filing
of such petition. If any case in which a verified petition, or any
affidavit or declaration under penalty of perjury has been filed by
a mobilehome park owner stating facts which appear prima facie to
constitute a hardship, if such petition is not heard and determined
within ninety days of its filing, exclusive of any delays requested,
consented to or caused by the mobilehome park owner or his representative,
no fees, charges or costs shall be charged or assessed against said
mobilehome park owner for any of the hearing costs of said commission.
(Ord. 406 § 1, 1988)
Any provision of a lease agreement, by which the resident agrees
to modify or waive any right granted under this chapter shall be void
as contrary to public policy. This section shall apply only to rental
agreements executed on and after the effective date of the ordinance
codified in this chapter.
(Ord. 406 § 1, 1988)
If any section, subsection, clause, phrase or portion of this
chapter is for any reason held invalid or unconstitutional by any
court of competent jurisdiction, such portion shall be deemed a separate,
distinct and independent provision and such a decision shall not invalidate
the remaining portion thereof.
(Ord. 406 § 1, 1988)
