The ordinance codified in this chapter shall be known as the Mobile Home Park Rent Review Ordinance of the city.
(Ord. 456 § 2, 1986)
The following definitions shall govern the construction of this chapter:
is the owner of a mobile home park or an agent or representative authorized to act on his or her behalf in connection with matters relating to a tenancy in the park and also referred to as "mobile home park owner."
for the purpose of this chapter shall be defined by the statutes of the state of California.
is an area of land where two or more mobile home sites are rented, or held out for rent, to accommodate mobile homes used for human habitation.
is a mobile home park.
is the consideration, including any bonus, benefit or gratuity demanded or received in connection with the use and occupancy of a mobile home space in a mobile home park.
is an agreement between the management and the tenant establishing the terms and conditions of a tenancy and regulating the amount of a monthly space rental and the allowable increases therein. A lease is a rental agreement.
is a statement of the rent charged for each tenancy in a mobile home park, together with any supporting data therefor.
means those facilities which enhance the use of the mobile home site, including, but not limited to, repairs, replacements, maintenance, water, utilities, security devices, security patrols, storage, bath and laundry facilities and privileges, janitorial services, refuse removal and recreational and other facilities in common areas of the mobile home park. "Service" does not include charges for interest, depreciation, amortization, financing or refinancing of the mobile home park.
is the right of a tenant to the use of a site within the mobile home park on which to locate, maintain and occupy the mobile home, site improvements and accessory structures for human habitation, including the use of the services and facilities of the park.
is an owner of a mobile home, responsible for paying rent to management.
In the event that a petition is filed by more than one tenant, they shall designate one of them to be their representative.
shall be appointed by the rent review board. The hearing officer shall be knowledgeable in the rules of evidence. The hearing officer shall be impartial and it shall be his or her duty to conduct an evidentiary hearing pursuant to the provisions of this chapter to obtain evidence from the parties that he or she deems necessary to make his recommendation and to make recommendations for findings and determinations to the rent review board.
shall be that board appointed pursuant to Section 9.50.040.
is the index published by the United States Department of Labor, Bureau of Labor Statistics, known as the "Consumer Price Index for Urban Wage Earners and Clerical Workers for the Los Angeles, Long Beach, Anaheim Area." (Base year = 1967). If this index is changed so that the base year differs from the one defined in this chapter, the index shall be converted in accordance with the conversion factor published by the United States Department of Labor, Bureau of Labor Statistics. If the index is discontinued or revised, such other governmental index or computation with which it is replaced shall be used, or such other action as shall be necessary shall be taken in order to obtain substantially the same result as would be obtained if the index had not been discontinued or revised.
is a hearing which results from a petition for adjustment which is filed pursuant to the provisions of this chapter.
are all expenditures which are required to be "capitalized" rather than "expensed" for state or federal income tax purposes.
(Ord. 456 § 2, 1986)
The provisions of this chapter shall not apply to the following tenancies in mobile home parks located in the city:
A.
Mobile home park spaces rented out for nonresidential uses;
B.
Mobile home parks, the construction of which began after the effective date of the ordinance codified in this chapter; provided, however, that such exemption continues in effect for only two years after the issuance of the building permit for the same, or until the park is seventy-five percent occupied; for the purposes of this section, "construction" means the erection of structures;
C.
Mobile home parks managed or operated by the United States Government, the state of California, of the city of Palm Desert;
D.
Tenancies for which any federal or state law or regulation specifically prohibits rent regulation;
E.
Tenancies covered by a rental agreement in existence at the time this chapter becomes effective, or entered into at any time thereafter where such agreement has a duration exceeding that of a month-to-month tenancy. This exemption shall apply only for the duration of the agreement, including any renewal or extension therefor. Upon the expiration of such agreement, rent for such space will be fixed at the amount paid for the last month prior to the expiration. Thereafter rents for such space may only be increased in accordance with the terms of this chapter;
F.
Mobile home parks which sell lots for mobile homes, factory-built or manufactured housing, or which provide condominium ownership of such lots, even if one or more homes in the development are rented or leased out;
G.
Mobile home parks with twenty or less mobile home spaces.
(Ord. 456 § 2, 1986)
A.
Established. A mobile home park rent review board ("board") is hereby established for the city of Palm Desert ("city"). The provisions set forth in Chapter 2.34 of this code shall apply to this board, except as other-wise required by state law. If there is any conflict between the provisions of this chapter and those in Chapter 2.34 of this code, the provisions of this chapter will control.
B.
Members. The board shall consist of three regular members and two alternate members appointed by the city council and serving at the pleasure of the city council. Alternates shall serve only to the extent necessary to form a quorum of two members. The secretary of the board shall determine whether the attendance of one or more alternates at a given meeting is necessary to ensure a quorum and notify them accordingly.
C.
Meetings. The board may meet on an as needed basis on a date, time, and place as set by board resolution or minute order.
D.
Disclosure. All candidates for appointment to the board 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 filed with the city clerk and made available to the city council prior to appointment of members of the board. Disclosure of holdings required herein shall be in addition to any other disclosure required by state or local law for holders of public office.
(Ord. 1390 § 14, 2023)
Within the limitations provided by law, the rent review board shall have the following powers:
A.
To meet at such times as may regularly be scheduled by the board, or from time to time at the call of the chairman, to herein determine the petitions filed hereunder at the request of the city manager, or otherwise to conduct the business of the board. All meetings shall be conducted at City Hall;
B.
To appoint and designate hearing officers for the conduct of evidentiary hearings to be conducted here-under;
C.
To receive, investigate, hear and determine petitions of landlords for hardship adjustment of rent pursuant to Section 9.50.070;
D.
To make or conduct such independent hearings or investigations as may be appropriate to obtain such information as is necessary to carry out their duties;
E.
To authorize an increase in the maximum amount of rent otherwise permitted to be charged by a mobile home park owner pursuant to this chapter. Such authorizations shall be given where the board finds that the application of the chapter, apart from such authorized increase, results or would result in undue hardship to the mobile home park owner's property. In determining whether a hardship rent increase should be authorized, the board may consider, among other relevant factors, increased cost to the mobile home park owner attributable to increases or decreases in master land and/or facilities lease rent, utility rates, property taxes, insurance, advertising, government assessment and fees, incidental service, normal repair and maintenance, capital improvements, upgrading and addition of amenities or services, and net operating income, as well as just and reasonable return on the mobile home park owner's property. In examining repair and maintenance costs submitted in a given case, the board shall consider whether those costs could have been minimized or avoided by the park owner through prudent and ongoing maintenance activities; to the extent such costs were exacerbated through unnecessarily deferred, negligent, or otherwise improper repair and maintenance, they shall be disregarded;
F.
To adopt, promulgate, amend or rescind administrative rules to effectuate the purposes and policies of this chapter, subject to the approval of the city council;
G.
To maintain and keep at the City Hall rent review hearing files and dockets listing the time, date and place of hearings, the parties involved, the address involved and the final disposition of the hearing;
H.
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 board and conduct of its assigned duties;
I.
To recommend to the city council the imposition of a registration program for implementation of this section, including any registration fees in connection therewith.
(Ord. 456 § 2, 1986; Ord. 800 § 2, 1996)
A.
Except as otherwise provided in this chapter (e.g., a fixed-term rental agreement or a hardship rent adjustment), the maximum rent that a mobile home park owner may request, demand or receive for a mobile home space shall not exceed the monthly rent that was charged for that space on base date (as defined below) adjusted up or down for the change in the cost of living since the base date. In other words, the maximum rent chargeable will increase or decrease over time based on fluctuations (up or down) in the cost of living. As the cost of living goes up relative to the base date, the maximum chargeable rent will also go up; as the cost of living goes down, the maximum chargeable rent will also go down. If the cost of living remains constant, then the maximum chargeable rent also remains constant. In implementing this section, a mobile home park owner shall not increase — nor be obligated to decrease — the rent charged for any space more than once during any twelve-month period, unless an additional increase or decrease is expressly authorized or ordered by the rent review board.
B.
Notwithstanding the foregoing, no rent increase in a given twelve-month period shall cause the previous rent charged for the space to increase more than six percent unless expressly permitted by the rent review board. If an increase of more than six percent would occur, then the excess increase may be carried forward for a period of up to eight years, until utilized to allow an automatic, annual increase up to six percent unless expressly permitted by the rent review board. If an increase of more than six percent would occur, then excess increase may be carried forward for a period of up to eight years, until utilized to allow an automatic, annual increase up to six percent in any future years in which the permitted increase in the rent would be less than six percent.
C.
The "base date" shall be April 28, 1983, for any space that was rented on that date and not governed by a fixed-term rental agreement permitted by this chapter. For all other spaces, the base date shall be the first date after April 28, 1983, that the space was rented and not governed by a fixed-term rental agreement permitted by this chapter.
D.
Changes in the cost of living shall always measure from the base date. For purposes of this section, the change in the cost of living shall be measured by three-quarters (seventy-five percent) of the net change in the Consumer Price Index (CPI) from the base date until any subsequent date in the present. The CPI used for the subsequent date shall be the most recent CPI published before that date.
E.
Raising rent during a twelve-month period in accordance with this section shall not prevent a park owner from subsequently filing a hardship rent petition during that same period. Nor shall the filing of a hardship rent petition preclude the subsequent imposition of an otherwise allowable rent increase while the petition is pending, provided any such increase is brought to the attention of the city official or board considering the petition. At all times during the hardship petition process, the most recent CPI date shall be used.
F.
Nonimposition of a rent increase permitted by this section during a twelve-month period shall not affect the maximum rent that a park owner may charge in a later twelve-month period. But a park owner may never retroactively collect rent from tenants that could have been charged but was not. That is, rent increases allowed by this section shall only apply prospectively.
(Ord. 456 § 2, 1986; Ord. 800 § 3, 1996)
A.
A mobile home park owner, or any representative of the mobile home park owner, operator or manager of a mobile home park space affected by this chapter, upon payment of such filing fee as shall be duly established, may petition the board for a hardship increase of the maximum rent permitted to be charged pursuant to this chapter. If the board 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 mobile home 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 mobile home park owner warranting such hardship increase; a statement that each resident of a space to be affected by the hardship increase, if granted, has been served a notice of the filing of the petition; such notice shall inform each such resident of the location where the petition may be obtained or reviewed.
B.
Any resident of a mobile home park, or mobile home park owner, affected by this chapter, upon payment of such filing fee as shall be duly established, may petition the board for an interpretation of this chapter, for a determination of whether a particular course of action, either proposed or actual, is legal, valid and within the terms of this chapter. If the board shall establish forms for such petitions, the petition shall be prepared and submitted upon such form. In the absence thereof, the petition shall contain the name, address and telephone number of the person requesting the interpretation or opinion; the name, address and telephone number of the mobile home park owner, manager or other person authorized to represent the mobile home park owner; the names, addresses and telephone numbers of any other residents of mobile home space of individuals requesting such determination; and a brief statement of the facts giving rise to the request for interpretation or determination.
The procedural rules with respect to petitions for interpretation shall be those applicable to petitions for hardship rent increases, except that, should the city manager determine to do so, petitions for interpretation which raise issues of a legal nature may be referred to the city attorney for final response, or; in the alternative, for preparation of an opinion and recommendation to the rent review board. Under the first alternative, the city attorney's opinion shall be final. Under the second alternative, the city attorney's opinion and recommendation shall become final within fifteen days after the filing of the same with the city clerk, and without further action of the rent review board unless a petition to review the city attorney's opinion and recommendation is filed by the requesting party with the city clerk.
C.
In the event that a petition is filed, the petitioner shall serve a notice of the filing of same. If said petition is by management, service shall be on each tenant within the mobile home park on a form provided by the city; if said petition is by a tenant or tenants, service of a notice of the filing of the same shall be on management.
D.
Within twenty days after the filing of the proof of service of the notice under the preceding subsections, the opposing party may file opposition.
E.
The hearing officer shall establish a date for hearing, giving notice to all parties thereof, and shall promptly consider and decide all petitions filed pursuant to this chapter. The matters shall be considered and decided in the order filed. The party filing any petition shall deposit with the city the estimated cost, as estimated by the city manager, of all costs to the city, including without limitation the cost of the meeting of the rent review board, the full cost of conducting the hearings as herein provided, the cost of the hearing officer, and the cost of preparation of any record. In the event the funds so deposited exceed the city's costs, any excess shall be refunded to the parties so depositing the same, and any deficiency must be agreed to be paid by such party. Additional deposits may be required to cover costs when it is determined that the initial deposit is not sufficient to satisfy the same. In the event such deposits, when required, are not made in a timely manner, the petition shall be deemed withdrawn and the proceeding terminated. The hearing officer shall consider all relevant facts presented at the hearing, and may require additional information to be presented by the manager or others to determine what adjustments, if any, should be made.
F.
For any contested hearing, if there is more than one party on a side, the hearing officer may require the parties on one side to designate a representative to receive service of notice and papers and documents with respect to the same; and after such designation, the service on the representative so designated shall be deemed to be giving service to all such parties on that side.
G.
In the event of any contested hearing, each tenant in the affected mobile home park, (or the tenants' representative if one has been designated), shall be mailed a notice of the time and place of the commencement of the hearing and the possible effect upon his or her rent. Said mobile home park tenants shall be given a chance and an opportunity to be heard at the contested hearing. No further notice shall be required to be given under this chapter for any continuances of the hearing.
H.
All meeting and hearings shall be open to the public and notice thereof given as required by law. Meetings shall be held as necessary to hear and decide petitioners.
I.
The city manager shall notify the petitioning party upon receipt of opposition to the petition, and as soon as possible thereafter shall notify both parties of the time, date and place of hearing.
J.
Upon receipt of a valid petition pursuant to this chapter, the rent review board, unless it conducts the hearing itself under the provisions of this section, shall refer the petition to the opposition and to a hearing officer who shall conduct an evidentiary hearing upon the petition. At the evidentiary hearing, the hearing officer shall take all evidence, and may require any party to the proceedings to provide him or her with pertinent books, records, papers, etc. In furtherance of this power, the hearing officer may request the city council to issue a subpoena for the same if they are not voluntarily produced, or he or she may take a refusal to produce the same as evidence that such evidence, if produced, would be adverse to the party refusing to produce the same.
K.
The management may substitute for any books, records and papers a certified audit by an independent certified public accountant, using generally accepted accounting principles consistently applied, or a verified statement under oath by an independent certified public accountant of what the information sought from such books, records and papers consists of. Notwithstanding this subsection, the hearing officer may require production of the books, records and papers.
L.
The hearing officer shall rule upon the admissibility of all evidence at the evidentiary hearing, and shall have the power and authority to conduct the evidentiary hearing in all respects.
M.
The hearing officer shall keep detailed notes of the evidence produced and provide for recording of all of the testimony presented at the evidentiary hearing.
N.
The evidence presented at the evidentiary hearing shall constitute the exclusive record for the decision of the issues involved.
O.
At the conclusion of the evidentiary hearing, the hearing officer shall prepare a summary of all testimony and evidence admitted at the evidentiary hearing and a statement of all materials officially noticed, and prepare proposed findings of fact and a recommended decision to the rent review board, and shall promptly submit the same to the rent review board, along with copies of all documentary evidence received. Copies of the hearing officer's summary, matters officially noticed, and proposed findings and recommendation for decision shall be mailed to all parties participating in the hearing. The hearing officer's proposed findings and recommended decision shall become the final findings and decision of the rent review board within fifteen days after the filing of the same with the clerk of the rent review board (i.e., the city clerk) without further action of the board, unless any party participating in the hearing shall file a petition to review the hearing officer's proposed findings and determination with the clerk of the rent review board.
P.
Upon receipt of the hearing officer's summary, proposed findings, official noticed material and recommendations, the documentary evidence admitted in the proceedings, and a petition to review filed pursuant to subsection O of this section, the rent review board shall hear arguments by the parties based upon the material submitted to it by its hearing officer. Any party at a proceeding may also have prepared, at his or her expense, a transcript of the hearing to be presented to the rent review board. No further evidence shall be permitted nor allowed at the hearing before the rent review board, but it shall be based solely upon the materials presented to the hearing officer at the evidentiary hearing.
Q.
1.
At the conclusion of the hearing on the proposed findings and recommended decision of its hearing officer before the rent review board pursuant to subsection P of this section, the board shall, within thirty days after the date of the hearing:
a.
Accept and confirm the recommendations of the hearing officer and adopt his or her findings and recommendations; or
b.
Amend the findings and recommendations of the hearing officer; or
c.
Send the matter back to the hearing officer for further hearings on the issue pursuant to any instructions provided by the rent review board.
2.
Upon issuing the findings of fact, pursuant to subdivisions (a) or (b) of this subsection, the rent review board shall render its final decision. The final decision shall be final and conclusive upon all parties. The final decision by the board may include a provision equalizing the rents among all of the tenants of the mobile home park, based upon the location, size and improvements supplied by management of each mobile home site, notwithstanding any previous disparity between rents charged on equivalent mobile home sites. Any tenant whose rents will be so equalized upwards shall be given special notice of the same and chance to be heard.
R.
Any order of the rent review board shall, unless otherwise specified in its final decision, be effective as of the date thirty days after the filing of the petition for adjustment.
S.
Any party to a hearing may be assisted by attorneys of the party's choice.
T.
No member of the rent review board may participate in the hearing or decision concerning a mobile home park in which he or she resides or has a financial or management interest.
U.
The rent review board shall keep minutes of its meetings and make an official record of a hearing.
V.
Decisions of a rent review board shall be supported by a preponderance of the evidence.
W.
The evidentiary hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions.
X.
The rent review board may in its final decision direct that the prevailing parties' cost in these proceedings, including any funds paid to the city pursuant to the provisions of this section, shall be reimbursed by the losing party. Such an order for costs may be enforced by a court of law of appropriate jurisdiction. In the event that the rent review board determines that any petition or opposition is frivolous, it may award reasonable attorney's fees to the other party or parties.
(Ord. 456 § 2, 1986; Ord. 773 § 1, 1995)
A.
It shall be unlawful for any mobile home park owner or manager to require anyone, as a condition of tenancy, to accept a rental agreement that upon execution would be exempt from any provision of this chapter, including, but not limited to, a rental agreement in excess of twelve months' duration.
B.
Nothing in this section shall prevent anyone from knowingly and voluntarily accepting a rental agreement that upon execution would be exempt from this chapter, including, but not limited to, a rental agreement in excess of twelve months' duration. However, any such rental agreement shall bear the following notice in all capital letters and no less than 10-point bold type and shall be initialed by the tenant or prospective tenant:
IMPORTANT NOTICE REGARDING THIS RENTAL AGREEMENT. PLEASE BE ADVISED THAT THIS RENTAL AGREEMENT, IF SIGNED, CREATES A TENANCY THAT WOULD BE EXEMPT FROM THE PROVISIONS OF THE PALM DESERT MOBILE HOME PARK RENT REVIEW ORDINANCE WHICH, ALONG WITH THE STATE MOBILE HOME RESIDENCY LAW (CALIFORNIA CIVIL CODE SEC. 798 et seq.), GIVES YOU CERTAIN LEGAL RIGHTS. YOU MAY WISH TO CONSULT A LAWYER BEFORE SIGNING. UNDER STATE AND/OR LOCAL LAW, YOU HAVE THE RIGHT TO BE OFFERED A RENTAL AGREEMENT THAT IS NOT EXEMPT FROM THE PALM DESERT MOBILE HOME PARK RENT REVIEW LAW. BY PLACEMENT OF YOUR INITIALS BELOW, YOU ARE ACKNOWLEDGING THAT YOU RECEIVED THIS NOTICE AS REQUIRED BY LAW. |
_______________________________ Initials — Tenant/Prospective Tenant |
The foregoing notice shall be provided in addition to, and not instead of, any other notices required by state law.
C.
Unless otherwise dictated by state law, anyone who is required to sign a rental agreement that does not comply with this section on or after the effective date of the ordinance codified in this section may rescind the agreement without penalty and instead insist upon a rental agreement that complies with this section.
(Ord. 728 § 1, 1993; Ord. 730 § 1, 1993; Ord. 731 § 1, 1993)
Nothing in this chapter shall operate to restrict the right of tenants and management to enter into agreements providing for a fixed term and/or a fixed rent for mobile home tenancies. Such an agreement may be entered into by an individual tenant and management. Such agreement shall apply to all the spaces in a mobile home park provided that four-fifths of the occupied spaces consent to such agreement. The parties to the agreement shall provide the city with satisfactory proof of consent.
If the tenants are represented by an association, then if otherwise permitted by law, a majority of the association's board of directors, or similar governing body, may enter into such agreement with the consent of four-fifths of the occupied spaces.
(Ord. 456 § 2, 1986; Ord. 560 § 2, 1988)
When a mobile home space becomes vacant or the ownership of a mobile home is changed or transferred, the park owner may not raise the monthly rent, and such rent shall be at the rate previously approved and set by the board for the space occupied. A mobile home owner who has entered into an agreement which violates the terms of this section has the right to rescind the rental provisions of such agreement to bring the rent into compliance. Such right of rescission shall exist for twelve months from the date of the agreement, and is there-after waived.
(Ord. 456 § 2, 1986)
In the event of a violation by the management of a mobile home park of any maximum rents, an effective rent schedule, or a final decision and order of the rent review board, relief for such a violation shall be enforceable by the individual tenants of that park in a court of the appropriate jurisdiction in which injunctive relief may be granted, and damages shall be allowed for any rent paid in excess of the effective rent schedule or any final determination of the rent review board. In any such court proceeding, the prevailing party shall be awarded his or her reasonable attorney's fees, and the court, where applicable, shall be empowered to order treble damages for any rents charged in excess of any effective rent schedule or maximum rent, or in violation of the final decision of the board (i.e., three times any excessive rent or over charge).
(Ord. 456 § 2, 1986)
A.
Any action or proceeding to attack, review, set aside, annul or void a final decision and order of the rent review board, or the reasonableness, legality or validity of any provision or condition attached thereto, shall not be maintained by any person unless such action or proceeding is commenced, and service of the summons is effected, within ninety days of the filing with the city clerk of the final determination and order, and notice of the same has been given to the city clerk.
B.
Any request to the rent review board for reconsideration of any decision made by the board must be made:
1.
Within thirty days of the rendition of the decision; and
2.
Only upon one or more of the following grounds:
a.
There is newly discovered evidence which the requesting party was reasonably unable to present at the hearing, or
b.
There was fraud or other impropriety material to the outcome of the board's decision committed by either party, or
c.
There was fraud or other impropriety material to the outcome of the board's decision committed by a member of the board or the hearing officer.
Said thirty-day limit may be waived upon showing proper circumstances.
(Ord. 456 § 2, 1986)
A negative declaration of environmental impact is hereby approved.
(Ord. 456 § 2, 1986)
It is unlawful for a mobile home park owner, or any agent or representative of the owner, to discriminate or retaliate against any person because of their exercise of any rights provided by this chapter. Such discrimination or retaliation shall be subject to suit for actual and punitive damages, injunctive relief and attorneys' fees. Such discrimination or retaliation shall also be an available defense in an unlawful detainer action. In any action in which such discrimination or retaliation is an issue, the burden shall be on the mobile home park owner to prove that the dominant motive for the act alleged to be discriminatory or retaliatory was in fact other than discriminatory or retaliatory.
(Ord. 456 § 2, 1986; Ord. 728 § 2, 1993)
No mobile home park owner shall reduce or eliminate any service to any mobile home space so long as this chapter is in effect, unless and until a 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 a mobile home park owner who provides services to a mobile home space in the nature of utility services, shall reduce or eliminate such service by separate metering or other lawful means of transferring from the mobile home park owner to the resident the obligation for payment for such services, the cost savings, if any, resulting from such reductions or elimination to be passed on to the resident in the form of a decrease of rent, shall be deemed to be the cost of such transferred utility service for the month of April, 1983. If for any reason the utility bill for such service for the month of April, 1983, is not representative of the normal or usual cost of such utility service at the time, or if either mobile home park owner or resident shall protest the use of the April, 1983 billing as the measure of such cost savings, then the computation of such cost savings shall be based upon the average monthly charge for such service for the period of March, 1982, through April, 1983, inclusive, or such other period as the parties shall mutually agree is representative of such cost savings.
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 mobile home 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 mobile home 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. 456 § 2, 1986)
If any action at law or in equity is brought to enforce or interpret any provision of this chapter, the city attorney may defend, in the name of the city, in any court of competent jurisdiction, any such action. In case of recovery by the city, the city shall be entitled to court costs and reasonable attorneys' fees in defending such action. Said fees may be set by the court in the same action or in a separate action brought for that purpose.
(Ord. 474 § 1, 1986)