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)
