A.
When
the county of Los Angeles adopted Chapter 8.57 of the Los Angeles
County Code (Ordinance No. 87-0228) to regulate mobilehome parks in
the unincorporated areas of the county, the county found that there
was within the county of Los Angeles a shortage of spaces for the
location of mobilehomes. The area that is now the city of Malibu was
previously part of the unincorporated area of the county and was subject
to Chapter 8.57 of the Los Angeles County Code. The city of Malibu
incorporated on March 28, 1991. There continues to be a shortage of
mobilehome spaces in the area that is now the city of Malibu. Because
of this shortage, there is a low vacancy rate and rents are presently
rising and causing concern among a substantial number of mobilehome
park residents. Because of the high cost of moving mobilehomes; the
potential for damage resulting therefrom; the requirements relating
to the installation of mobilehomes, including permits, landscaping
and site preparation; the lack of alternative homesites for mobilehome
residents; and the substantial investment of homeowners in such homes,
a virtual monopoly exists in the rental of mobilehome park spaces,
creating a situation where park owners have unbridled discretion and
ability to exploit mobilehome park residents and homeowners.
B.
Homeowners
are in the unique position of having made a substantial investment
in a mobilehome that is situated on land that is rented or leased.
In this situation both the park owner and the homeowner have a financial
stake in the relationship.
C.
Additionally,
because park space is virtually unavailable and relocating difficult
and costly, the closure of a mobilehome park or its change of use
has disastrous implications or results for homeowners, who may find
it impossible to relocate to a comparable park.
D.
For
these reasons, among others, the city council finds and declares it
necessary to protect the owners and occupiers of mobilehomes from
unreasonable rent increases, while at the same time recognizing the
need of park owners to receive a fair return on their property. In
addition, the city council finds that it is necessary to provide for
the preparation and approval of reports evaluating the impact of changes
of use of the parks and provide for measures to mitigate the impact
on residents of these changes of use.
(Prior code § 6700; Ord. 48U § 1, 1991)
means attorney's fees and costs incurred in connection with
successful good-faith attempts to recover rents owing, and successful
good-faith unlawful detainer actions not in derogation of applicable
law, to the extent same are not recovered from homeowners. Attorney's
fees and costs incurred in proceedings before the commission, or in
connection with civil actions against the commission, are not allow-able
as operating expenses.
means: (1) for spaces not subject to a long term lease that
complies with the provisions of Civil Code Section 798.17, the space
rent charged on March 28, 1991; and (2) for spaces subject to valid
long term leases on March 28, 1991, which leases comply with the provisions
of Civil Code Section 798.17, the last space rent charged under the
long term lease.
means the park owner's cost of constructing new improvements
or replacing old improvements in the mobilehome park, subject to the
following limitations:
The improvement must: have a life expectancy of five years or
more and must be treated as capital improvements for federal and state
income tax purposes, and may not be deducted for such tax purposes
as expenses.
Normal routine maintenance and repair are not capital improvements.
Insured repairs and replacement are not capital improvements.
The improvements must be permanently fixed in place or relatively
immobile.
Those improvements that the park owner intends to pass through
to the homeowner through special and limited rent increases, except
for necessary infrastructure improvements, must be approved by 50%
plus one of the homeowners.
include construction, installation or replacement of all
or a portion of a club-house, laundry facility or other common area
facilities a swimming pool, sauna, hot tub or other recreational amenities,
streets, security gates, outdoor or common area lighting, retaining
walls, sewer, electrical, plumbing, water or television reception
systems, sprinkler systems, or any addition to or upgrade of existing
improvements.
means the mobilehome park rent stabilization commission,
as established by this chapter.
means the Consumer Price Index (All Items) prepared by the
Bureau of Labor Statistics for the Los Angeles-Anaheim-Riverside area
relating to all urban consumers. If the method of calculating the
CPI is substantially revised after the adoption of the ordinance codified
in this chapter, the method in effect upon adoption of such ordinance
shall continue to be used, or the revised CPI shall be adjusted by
the city to correspond to that method.
The city shall calculate and furnish a figure constituting
the CPI change for use as the basis of rent increases. Such figure
need only be based upon available data. This figure shall be based
on the changes in the CPI during the last available 12-month period
for which information is available from the Bureau of Labor Statistics
prior to the effective date of the base rent or current space rent.
means and includes the following:
Gross rent, computed as gross rental income at 100% paid occupancy;
plus
Interest from rental deposits, unless directly paid by the park
owner to the homeowner (interest shall be imputed at the rate of five
and one-half percent of all deposits, unless such deposits earn greater
interest); plus
Income from laundry facilities, cleaning fees or services, garage
and parking fees attributable to mobilehome spaces; plus
All other income or consideration received or receivable for,
or in connection with the housing services; minus
Uncollected rents due to vacancy and bad debts, to the extent
that the same are beyond the owner's control. Uncollected rents in
excess of three percent of gross rents shall be presumed to be unreasonable,
unless proven otherwise. Where uncollected rent must be proven, the
average of the preceding three years' experience shall be used, or
other comparable method.
means any person entitled to occupy a mobilehome which is
located within a mobilehome park in the city.
means services provided by the park owner related to the
use or occupancy of a mobilehome space, including, but not limited
to, water and sewer, natural gas, electricity, refuse removal, management
and administration (including employee salaries and fringe benefits),
maintenance and repairs, supplies, advertising, recreation facilities,
laundry facilities, parking, security services, insurance, property
taxes, governmental assessments, and other costs reasonably attributable
to the operation of the mobilehome park. The term "housing services"
shall not include legal fees or mortgage payments, whether for principal,
interest, or both.
means a structure designated or designed for human habitation,
transported over the high-ways to a-permanent occupancy site, and
installed on the site either with or-without a permanent foundation.
"Mobile-home" includes a manufactured home, as defined in the Health
and Safety Code, but does not include either a recreational vehicle
or a commercial coach, as they are defined in the Health and Safety
Code.
means an area of land where two or more mobilehome spaces
are rented or leased for mobilehomes used as residences. "Mobilehome
park" does not include developments which sell lots for mobilehomes
or which provide condominium ownership of such lots, even if one or
more homes in the development are rented or leased out.
means the owner, lessor, operator or manager of a mobilehome
park in the city.
means maintenance (such as replacement of a necessary component
of a system or improvement, and other than normal maintenance or repair
which constitute "operating expenses" pursuant to this section of
streets, electrical, gas, plumbing, sewer or water systems, except
that costs of replacement or repair incurred or required as a result
of the park owners negligence.
shall include the following:
Real property taxes;
Utility costs;
Management expenses (contracted or park owner-performed), including
necessary and reasonable advertising, accounting, insurance, and other
managerial expenses, and allowable legal expenses. Management expenses
are presumed to be five percent of gross income, unless established
otherwise;
Normal repair and maintenance expenses, including painting,
normal cleaning, fumigation, landscaping, and repair of all standard
services, including electrical, plumbing, carpentry, furnished appliances,
drapes, carpets and furniture;
Park owner performed labor, which shall be compensated at a
reasonable hourly rate, based upon documentation being provided, showing
the date, time and nature of the work performed;
License and registration fees required by law, to the extent
same are not otherwise paid by homeowners;
Capital expenses with a total cost of less than $100 per year,
benefited unit, and the amortized portion of other capital expenses
otherwise allowed by regulation.
shall not include:
Avoidable and unnecessary expenses since the base year, including
refinancing costs;
Mortgage principal and interest payments;
Any penalty, fees or interest assessed or awarded for violation
of this or any other law;
Legal fees, except allowable legal expenses as defined in this
section;
Depreciation of the property;
Any expense for which the park owner has been reimbursed by
any security deposit, insurance settlement, judgment for damages,
settlement or any other method;
Land lease payments;
Cost of replacement or repair incurred or necessary as a result
of the park owner's negligence or failure to maintain.
means the consideration on a monthly basis, including any
bonuses, benefits or gratuities, demanded or received in connection
with the use and occupancy of a mobilehome space in a mobilehome park,
or for housing services provided, but exclusive of:
Any amount paid for the use of a mobilehome;
Security deposits and special and limited rent increases;
User fees for services or facilities which may be utilized at
the option of the homeowners and are not included in monthly space
rent; and
Utility charges for those mobilehome parks which bill homeowners
separately whether or not the mobilehomes are individually metered.
(Prior code § 6701; Ord. 48U § 1, 1991; Ord.
75 § 2, 1992; Ord. 115U §§ 2, 3, 1994; Ord. 116 § 2, 1994; Ord. 121 §§ 5—7,
1994)
The provisions of this chapter shall not apply to the following tenancies in mobilehome parks located in the city, except that all tenancies in mobilehome parks shall be subject to the registration provisions of Sections 5.16.060 and 5.16.070:
A.
Mobilehome
park spaces rented for nonresidential uses;
B.
Mobilehome
parks managed or operated by the United States Government, the state
of California, the county of Los Angeles or the city of Malibu;
C.
Tenancies
which do not exceed an occupancy of 20 days and which do not contemplate
an occupancy of more than 20 days;
D.
Tenancies
for which any federal or state law or regulation specifically prohibits
rent regulations;
E.
Tenancies
subject to rental agreements exempt from local ordinances pursuant
to Civil Code Section 798.17; and
F.
Tenancies covered by leases or rental agreements existing at the effective date of the ordinance codified in this chapter which are not exempt pursuant to subsection E of this section, but only for the duration of such leases or rental agreements. Upon the expiration or other termination of such lease or rental agreement, this chapter shall immediately be applicable to the tenancy, unless that lease or rental agreement immediately succeeded by a lease or rental agreement referred to in subsection E of this section.
(Prior code § 6702; Ord. 48U § 1, 1991)
A.
There
is established a commission to be known as the "Malibu Mobilehome
Park Rent Stabilization Commission." The commission shall be comprised
of five residents of the city. A member of the commission shall be
appointed to a vacant position by four-fifths vote of the city council
and serve at the pleasure of the city council. In no event shall any
member of the commission be or, at any time during the immediately
five years have been, a park owner or homeowner.
B.
The
city manager shall provide all administrative staff necessary to serve
the commission. The city clerk shall serve as secretary of the commission
and shall be responsible for the maintenance of all records of the
commission. The secretary shall keep a record of its proceedings,
which shall be open for inspection by any member of the public. The
city attorney or the designee of the city attorney shall act as legal
counsel to the commission.
(Prior code § 6703; Ord. 48U § 1, 1991)
Within the limitations provided by law, the, commission shall
have the following powers and duties:
A.
To receive,
investigate, hold hearings on, and pass upon all issues relating to
mobilehome park rent stabilization, as set forth in this chapter;
B.
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;
C.
To adjust
space rents either upward or downward upon completion of its hearings
and investigations; and
D.
To adopt,
promulgate, amend and rescind administrative rules to effectuate the
purposes and policies of this chapter, within the limitations provided
by law or by rules adopted by the city council.
(Prior code § 6704; Ord. 48U §1, 1991)
A.
Registration
Required. Within 60 calendar days after the effective date of the
ordinance codified in this chapter, park owners shall register all
mobilehome park spaces with the city clerk. No park owners shall be
eligible to receive any rent increases as provided for in this chapter
unless current registration information is on file with the city clerk.
B.
Initial Registration. The initial registration shall include the names, business addresses, and business telephone numbers of each person or legal entity possessing an ownership interest in the park and the nature of that interest, and all lienholders, (no later than 30 days after acquiring such interest); the number of mobilehome spaces within the park; the name and address of each resident; a rent schedule reflecting space rents within the park on December 31, 1984, for all spaces not exempt from this chapter pursuant to Section 5.16.030; a listing of all other charges, including utilities, now included in space rent, paid by homeowners and the approximate amount of each such charge; a list of all spaces exempt from this chapter pursuant to Section 5.16.030 and the reason for the exemption and, for those exempt pursuant to leases or rental agreements, the date of the expiration of the lease or rental agreement and the amount of the rent; and the name and address to which all required notices and correspondence may be sent.
C.
Determination
of Rents. The city manager or his or her designee shall determine
the base rent. The decision of the city staff may be appealed to the
commission. The decision of city staff, or the commission on appeal,
shall be final. The city manager may promulgate regulations necessary
to effectuate the purpose of this section.
D.
Re-registration.
1.
The
city manager or his or her designee may require re-registration as
deemed necessary and may promulgate regulations to effectuate the
purpose of this section.
2.
The
registration requirements provided in this section or which may be
established by the city shall apply to all mobilehome parks and mobilehome
park spaces, including those exempted from the provisions of this
chapter by reason of the existence of a valid rental agreement.
(Prior code § 6705; Ord. 48U § 1, 1991; Ord.
75 § 3, 1992)
A.
Establishment
of Registration Fee. At the time of initial registration or any subsequent
registration, park owners shall pay to the city such registration
fee for each mobilehome rental space within the park as may be established
by resolution of the city council (not to exceed the reasonable and
necessary costs of administration of this chapter). The city council
may also provide that up to two-thirds of that fee may be passed through
to homeowners as special and limited rent increases if apportioned
equally among the spaces and charged in 12 equal consecutive installments.
Notwithstanding any other provision of this section, where the
total annual amount of the fee to be passed through to each homeowner
is less than $48, the park owner may elect to recover the fee from
the homeowners in one lump sum rather than in equal monthly installments.
B.
Late Charge. If a park owner does not pay the fee provided for in subsection A of this section within the time period established by the city council, a late charge shall be assessed in an amount established by resolution. No late charges may be passed through as special and limited rent increases to homeowners.
C.
Unpaid
Fee. No hearing or other proceedings shall be scheduled to take place,
and no rent increase will be granted or will take effect for any mobilehome
park for which there are unpaid registration fees.
D.
Purpose
of the Fee. The registration fee provided for by this section is intended
to defray the reasonable and necessary costs associated with the administration
of this chapter and the regulations promulgated pursuant thereto.
E.
Other
Administrative Fees. The city council may set by resolution other
administrative fees to cover the reasonable costs of processing various
requests and appeals, as it deems necessary.
(Prior code § 6706; Ord. 48U § 1, 1991; Ord.
91 § 1, 1993; Ord. 116 § 2, 1994; Ord. 168 § 1,
1997)
On or after March 28, 1991, no increase in space rents in excess of the amounts permitted pursuant to Section 5.16.090(A) and (B) shall be effective unless approved by the commission as set forth in this chapter.
(Prior code § 6707; Ord. 48U § 1, 1991)
A.
Formula
Increases. Space rents may be increased automatically and annually
by no more than the total percentage change in the CPI for the applicable
CPI adjustment period as determined by the city, except that space
rent shall not be increased by more than five percent and may be increased
by up to two percent. Calculation of the one-year limitation on formula
increases shall be from the date the last formula increase became
effective for that particular space.
B.
Vacancy Increases. Notwithstanding the provisions of subsection A of this section, upon vacancy, space rent may be increased up to fifteen percent of the then current maximum allowable rent permitted by this chapter prior to the vacancy.
C.
Special
and Limited Rent and Rent Increases.
1.
Government
Required Services. The homeowner shall pay to the parks owner, on
the herein described terms, no less than 60 days after the park owner
has notified the homeowner in writing, the increased costs to the
park owner of government required services, which are to be included
as part of the homeowner's rent but separately listed items on the
monthly statement.
a.
For the purposes of this chapter, "government required services"
shall be defined as services required by governmental agencies which
are new or in addition to those services legally required to be provided
by the park owner to homeowners or to the mobilehome park on March
28, 1991.
b.
Such services include fees and charges legally levied by an agency
of federal, state or local government upon the park owner. Such services
do not include predictable expenses for operation of the mobilehome
park, such as common-area utilities expenses or expenses which maintain
the safe and healthful use of mobilehome park facilities.
c.
The park owner's actual out-of-pocket costs of providing government
required services may be charged to the homeowner upon 60 days' written
notice, using the following formula: Amount actually paid by the park
owner, divided by the total number of spaces in the mobilehome park,
divided by 12 months, equals the sum for government-required services
to be charged to the homeowner. Notwithstanding the formula described
above, only those costs of providing governmental required services
in the 12 months immediately preceding the proposed charge shall be
reimbursed to the park owner by the homeowner in the manner herein
described. The park owner shall charge the homeowner only those costs
for government required services which are not reimbursed to the park
owner by insurance or other sources.
2.
Capital
Improvements.
a.
(i) Necessary infrastructure improvements subject only to the provisions of subsection (C)(2)(d) of this section; and (ii) subject to the vote requirements and the capital improvement limitations set forth in Section 5.16.020, and also subject to review by the commission pursuant to Section 5.16.110, the actual net costs of a capital improvement plus an interest charge to compensate the park owner for the use of money in making the improvement, as described below, may be charged to the homeowners upon 60 days' written notice, using the following formula: net amount actually paid by the park owner for the capital improvement, plus an interest charge as described below, divided by the total number of spaces in the mobilehome park affected by the improvement, divided by the amortization period for the capital improvement allowed by the Internal Revenue Service, equals the monthly sum for capital improvements to be charged to the homeowners and billed separately from space rent.
b.
The interest charge that may be added to the costs of materials and
labor is the current rate derived from the then-current prime interest
rate, computed on a declining balance over a five-year period with
equal monthly payments (the five-year period represents the amount
of time allowed for fully amortizing the cost of capital improvements).
c.
Notwithstanding the provisions of subsection (C)(2)(a) of this section and Section 5.16.100, the city manager may approve special and limited rent increases for necessary infrastructure improvements upon a showing by the park owners that the proposed improvement meets the requirements of Section 5.16.020 and that the park owner obtained a minimum of three bids from qualified persons/entities to perform the work, if possible, and that the park owner selected the person/entity submitting the lowest responsible bid to perform the work for the proposed necessary infrastructure improvement. No commission review is required or permitted.
D.
1.
Sublease Surcharge. Notwithstanding the provisions of subsection A of this section, upon sublease of a space and/or lease of a mobilehome, the space rent may be increased up to 15% of the rent otherwise permitted under this chapter. This rent surcharge shall be effective only for the duration of the sublease and shall be eliminated when and if the sublease is terminated. A sublease surcharge shall not become effective until 12 months after the last vacancy increase pursuant to subsection B of this section. The sublease surcharge rent amount shall be calculated separately and shall not be included in the maximum allowable rent for the purposes of calculating formula increases pursuant to subsection A of this section. The provisions of this subsection shall not apply to those spaces granted hardship exemptions pursuant to subsection F of this section for as long as the space is eligible for such exemption.
2.
Absentee Owner Surcharge. Notwithstanding the provisions of subsection A of this section, in the event that a homeowner does not use his or her mobilehome at a mobilehome park as a primary or principal residence and the homeowner is not otherwise subject to subsection (D)(1) of this section, the homeowner's space rent may be increased up to 15% of the rent otherwise permitted under this chapter. This rent increase shall be effective only until the homeowner occupies his or her mobilehome at the mobilehome park as a primary residence or the homeowner subleases his or her space or mobilehome and becomes subject to subsection (D)(1) of this section. For purposes of this chapter, a primary residence is a residence where the homeowner resides for over 185 days during a calendar year.
E.
Sublease
Hardship Exemption. Upon application, the city manager may grant a
hardship exemption in connection with the sublease surcharge, which
exemption shall last for a term of one year. At the expiration of
any particular term of the exemption, the applicant may apply to renew
the one-year term by again establishing qualification for the exemption.
The application and renewal application shall be in the forms provided
by the city manager with a copy to the park owner and, shall include
sufficient evidence to establish whether the applicant qualifies for
an exemption pursuant to this section and shall be signed by the applicant
under penalty of perjury. The city manager shall grant the exemption
for any qualified applicant.
1.
Qualification.
To qualify for the sublease hardship exemption, the applicant must
satisfy all of the following criteria:
a.
The applicant must own a mobilehome at the applicable park, and must
have occupied the mobilehome as his or her primary residence for a
minimum of three years prior to applying for this exemption.
b.
The applicant must present adequate evidence that he or she would
qualify for the Low Income Rate Payer Assistance Program for Submetered
Households.
c.
The combined value of assets owned by the applicant must not exceed
$150,000 excluding the value of the mobilehome itself.
d.
No person other than the applicant can declare the applicant as a
dependent for purposes of federal or state taxes.
|
In the event that the applicant, after receiving the hardship
exemption, at any time ceases to satisfy all of the foregoing criteria,
from that point on, the applicant will not be qualified to receive,
and shall not receive, the hardship exemption.
|
(Prior code § 6708; Ord. 48U § 1, 1991; Ord.
74 § 3, 1992; Ord. 115U § 3, 1994; Ord. 121 §§ 2—4,
8, 9, 1994)
A.
1.
In order to implement a rent increase as permitted under Section 5.16.090 of this chapter or a rent decrease based on a reduction of housing services, the applicant must file with the commission a proposed rent schedule on the form provided by the commission. Any proposed capital improvement to be passed through to homeowners must be approved by the commission after the park owner files an application showing the amount of the expense, the amount to be passed through and proof of a majority vote in favor of the special and limited rent increases.
2.
Where
the park owner is the applicant, the park owner shall serve each affected
homeowner, either personally or by mail, with written notice of the
proposed increase, in accordance with state law, and with notice that
a request for approval of same is being filed with the commission.
Where a homeowner (or homeowners) is the applicant, the homeowner
shall serve the affected park owner by mail or personally at the address
and to the person designated in the registration form submitted by
the park owner to receive notices on behalf of the park owner. The
applicant shall file proof of such service with the commission concurrent
with the filing of the rent increase or decrease application. Copies
of the rent schedule, request for increase and supporting documentation
shall be available to any homeowner requesting same at the park owner's
office in the affected mobilehome park.
B.
If the
city determines that the application is not complete, accurate, or
not in compliance with this chapter, within 21 days of the date on
which the application was filed, the city shall give written notice
of the deficiencies to the applicant.
C.
The
city shall set a hearing on any request complying with the requirements
of this chapter no sooner than 50 days and no later than 70 days after
the application is accepted as complete. The city shall send written
notice to the park owner, who shall post such notice in a conspicuous
place, of the time and place set for the hearing. If the commission
approves an increase as requested, or lower than requested, the same
shall take effect as noticed by the owner or as the commission may
otherwise direct.
D.
In the
application for rent adjustment under this chapter, the park owner
shall indicate which, if any, of the mobilehome spaces are covered
by leases or contracts which provide for more than a month-to-month
tenancy, together with expiration date of each such lease or contract.
Any rent increase approved by the commission under this chapter shall
not be applicable to spaces covered by such leases or contracts during
the term of such leases or contracts.
E.
Homeowner(s)
in a mobilehome park may initiate commission review of a proposed
land rent increase by filing with the city clerk a written petition.
The petition shall be in substantially such form and contain such
information as may be required by the commission.
(Prior code § 6710; Ord. 48U § 1, 1991; Ord.
116 § 2, 1994)
A.
All
review hearings conducted by the commission shall be open to the public.
B.
All
parties to the hearing may have assistance from an attorney or such
other person as may be designated by the parties in presenting evidence
or arguing their position. All witnesses shall be sworn in and all
testimony shall be under penalty of perjury.
C.
In the
event that either the park owner or the homeowner(s) should fail to
appear at the hearing at the specified time and place, the commission:
may hear and review such evidence as may be presented and make such
decisions as if both parties had been present.
D.
All
review hearings shall be tape-recorded. Tapes shall be preserved for
six months, or longer, if requested by either party affected by the
hearing.
E.
The
commission may promulgate regulations to effect the purpose of this
section and to assure fair hearings.
(Prior code § 6711; Ord. 48U § 1, 1991)
A.
The
commission's decision shall be based on the preponderance of the evidence
at the hearing. All parties to the hearing shall be advised of the
commission's decision and given a copy of the findings upon which
the decision is based.
B.
Consistent
with its findings, the commission may:
1.
Permit
the requested increase to become effective, in whole or in part;
2.
Deny
the increase;
3.
If
circumstances justify, order a reduction in rent to a rate determined
by the commission; or
4.
Order
that the park owner reimburse the applicant(s) the full amount, or
any part of the amount, of the application fee where: (a) the applicant
for a rent reduction was successful; (b) the park owner has not proven
that the rent reduction ordered or the award of costs would deprive
the park owner of a fair return as defined in this chapter; and (c)
circumstances otherwise warrant the award of costs to the applicant.
C.
If the
commission finds that an increase that went into effect, or any portion
thereof, is not justified, the park owner shall refund the amount
found to be unjustified to the homeowner within 60 days after the
decision of the commission is announced.
D.
If the
commission finds that a proposed increase, or any portion thereof
that was previously inoperative, is justified, the homeowner shall
pay the amount found justified to the park owner within 60 days after
the decision of the commission is announced.
E.
The
conclusions and findings of the commission shall be final.
F.
Any
party disputing the final conclusions and findings of the commission
may seek review of the commission's actions pursuant to Sections 1094.5
and 1094.6 of the California Code of Civil Procedure.
(Prior code § 6713; Ord. 48U § 1, 1991; Ord.
135 § 1, 1995)
Formal rules of evidence or procedure which must be followed
in court shall not apply to commission proceedings, except to the
extent that the commission shall determine. No action of the commission
hereunder shall be held void or invalid or be set aside by any court
on the grounds of any improper admission or rejection of evidence,
or by reason of any error, irregularity, informality, neglect or omission
(hereinafter called "error") as to any matter pertaining to applications,
notices, findings, records, hearings, reports, recommendations, or
any matters of procedure whatever, including but not limited to those
included in this section, unless after an examination of the entire
case, including the evidence, the court shall be of the opinion that
the error complained of was prejudicial, and that by reason of such
error the party complaining or appealing sustained and suffered substantial
injury, and that a different result would have been probable if such
error had not occurred or existed. There shall be no presumption that
error is prejudicial or that injury was done if error is shown.
(Prior code § 6714; Ord. 48U § 1, 1991)
After a noticed-public hearing, as it deems necessary, the city
council may adopt by resolution guidelines to aid in the implementation
of this chapter.
(Prior code § 6715; Ord. 48U § 1, 1991)
A.
Prior
to or at the time of agreeing to rent spare to a new homeowner in
a mobilehome park, the owner shall provide each new homeowner or prospective
homeowner with a copy of the mobilehome park rent stabilization ordinance,
as currently in force.
B.
No owner
may require, directly or indirectly, that any resident or prospective
resident sign a lease or rental agreement that provides that it shall
be exempt from local rent control or provides for space rent in excess
of that permitted by this chapter as a condition of tenancy in the
park and no owner may deny a tenancy to a prospective purchaser of
a mobilehome in the park on the ground that the prospective purchaser
will not sign such a lease or rental agreement.
C.
The
notice shall contain a place for the homeowner to acknowledge receipt
of the notice. The park owner shall sign an acknowledgment that the
required notice has been given to the homeowner and provide the homeowner
with a copy of the executed acknowledgment.
(Prior code § 6716; Ord. 48U § 1, 1991; Ord.
74 § 1, 1992)
A homeowner may refuse to pay any increase in rent which is
in violation of this chapter. Such refusal to pay shall be a defense
in any action brought to recover possession of a mobilehome space
or to collect the rent increase.
(Prior code § 6717; Ord. 48U § 1, 1991)
Notwithstanding Section 5.16.160, in any action brought to recover possession of a mobilehome space, the court shall consider as grounds for denial any violation of any provision of this chapter. Further, the determination that the action was brought in retaliation for the exercise of any rights conferred by this chapter shall be grounds for denial. Any action brought within one year of a petition or complaint filed with the commission by the homeowner pursuant to this chapter shall be presumed to be retaliatory; this presumption affects the burden of proof, and is rebuttable by the park owner.
(Prior code § 6718; Ord. 48U § 1, 1991)
If any park owner demands, accepts, receives or retains any
payment of rent in excess of the maximum lawful space rent, as determined
under this chapter, then the homeowners in such mobilehome park affected
by such violation, individually or by class action, may seek relief
in a court of appropriate jurisdiction for injunctive relief and damages.
The prevailing party will recover costs and reasonable attorneys'
fees as part of any court judgment.
(Prior code § 6719; Ord. 48U § 1, 1991)
Any person violating any provision, or failing to comply with
any requirement of this chapter shall be guilty of a misdemeanor.
Any person convicted of a misdemeanor under the provisions of this
chapter shall be punished by a fine of not more than $500 or by imprisonment
for a period of not more than six months, or by both. Each violation
of any provision of this chapter, and each day during which any such
violation is committed, permitted or continued, shall constitute a
separate offense.
(Prior code § 6720; Ord. 48U § 1, 1991)
A park owner may file a rent adjustment application for one,
some or all the spaces in a mobilehome park in order to establish
the maximum allowable rent or to achieve a fair and reasonable return.
Homeowners may file a rent adjustment application based on reduction
in services or other grounds established by this-chapter or regulations
promulgated pursuant thereto. Nothing in this chapter shall be construed
to prevent the grant of a rent adjustment upon application by a park
owner when required to permit a fair and reasonable return to the
park owner. The city shall receive relevant evidence, in accordance
with applicable regulations, demonstrating that a landlord is not
receiving a fair and reasonable return in determining these applications.
(Prior code § 6721; Ord. 48U § 1, 1991; Ord.
115U § 4, 1994)
A.
Statement
of Purpose. The purpose of this section is to implement the provisions
of state law addressing the adverse impacts on the residents and homeowners
in a park which is converted, closed or where the park's use is changed
or ceased.
B.
"Advisory agency"
"Change of use"
"Comparable housing"
"Comparable mobilehome park"
"Date of application for change of use"
"Eligible homeowner"
Definitions. For purposes of this section, the following definitions shall apply in addition to those listed in Section 5.16.020.
means the planning department, commission, or hearing officer
as designated by the city council.
means a use of a mobilehome park for a purpose other than
the rental, or the holding out for rent, of two or more mobilehome
sites to accommodate mobilehomes for human habitation. "Change of
use" includes, but is not limited to, a change of the park or any
portion thereof to a condominium, stock cooperative, or any form of
ownership wherein spaces within the park are to be sold, and the cessation
of use of all or a portion of the park, whether immediately or on
a gradual basis, or the closure of the park. "Change of use" shall
not include mere purchase of the park by its existing homeowners.
means housing which is comparable in floor space area, deck
and lot size, and number of bedrooms and other relevant factors to
the mobilehome to which comparison is being made, which housing meets
the minimum standards of the State Uniform Housing Code.
means any other mobilehome park substantially equivalent
in terms of park condition, amenities, ocean views and beach access
and other relevant factors.
means the date of filing of an application for rezoning,
general plan amendment, use permit, site development permit or other
discretionary development approval under this code, which application
seeks approval of a change of use of a mobilehome park or the date
of the closure or cessation of use.
means a homeowner whose mobilehome or manufactured home was
located in a mobilehome park on the date of the application for a
change of use.
C.
General
Requirements.
1.
Any
person who files an application for a rezoning, general plan amendment,
subdivision map, use permit, site development permit or for any other
discretionary development approval, for the purpose of a change of
use of a mobilehome park or closure, shall file with the advisory
agency a report on the impact of the conversion, closure, or cessation
of use (hereinafter "closure") upon the residents of the mobilehome
park who will be displaced, no later than the filing of the first
such application necessary to authorize such closure.
2.
No
application shall be considered or deemed completed or processed for
consideration and approval unless and until such conversion impact
report shall have been filed as required by this subsection.
3.
Use
of a property as mobilehome park shall not be terminated for the purpose
of conversion to another land use or cessation of use until approval
by the advisory agency and the city council, or appeal, has been received.
4.
No
building permit shall be issued on property occupied by a mobilehome
park at the effective date of this chapter or hereinafter for uses
other than those associated with the mobile home park use and allowed
under the special use permit, until approval under this section has
been received.
D.
Conversion
Impact Report.
1.
The
conversion impact report shall address the availability of adequate
replacement housing in mobilehome parks and the cost of relocating
displaced residents.
2.
In
order to evaluate adequately and address those issues, the conversion
impact report shall contain the following information:
a.
The names, addresses and mobilehome site identification numbers of
all persons owning mobilehomes within the mobilehome park and of all
mobilehome residents on the date of application for change of use;
b.
The age, including date of manufacture, of each mobilehome within
such park, including the type of mobilehome, width characteristics,
size, and number identifying the mobilehome site being occupied;
c.
A list of vacant mobilehome sites in comparable mobilehome parks
within a 50 mile radius of the park which is the subject of the application
or request;
d.
The list shall contain a schedule of site rental rates for each park
listed and the criteria of the management of each park for acceptance
of new homeowners and used mobilehomes;
e.
The names, addresses and telephone numbers of one or more housing
specialists from the list compiled by the advisory agency, and the
names, addresses and telephone numbers and fee schedules of persons
qualified as mobilehome movers and of persons who are qualified appraisers
of mobilehomes and an explanation of the services the housing specialists
will provide;
f.
The applicant may designate other housing specialists, and mobilehome
movers and appraisers; provided, that use of any such persons pursuant
to this chapter shall be subject to approval by the advisory agency;
3.
The
application shall include within the conversion impact report the
steps proposed to mitigate any adverse impact on the ability of displaced
homeowners to find adequate housing in a mobilehome park, including
the reasonable costs of relocation.
a.
All eligible homeowners and all mobilehome tenants of eligible homeowners
shall be provided with the services of one or more housing experts
to assist them in relocating to available and adequate housing upon
their request. Any such experts shall be those approved pursuant to
this section.
i.
A factor to be considered is that the conversion will not result
in the displacement of low-income individuals or households who cannot
afford rents charged in other parks.
ii.
A factor to be considered is it the conversion is to another residential
use, the homeowners have first opportunity to occupy and the construction
schedule will not result in long-term displacement.
b.
No benefits shall be provided to any person who is renting a mobilehome
from the owner of the mobilehome park where such person shall have
executed a written agreement with such mobilehome park owner waiving
his or her rights to any such benefits. No such waiver shall he valid
unless it contains the text of this section, and unless such person
shall have executed a written acknowledgment that he or she has read
and understands his or her rights pursuant to this chapter and knowingly
agrees to waive them.
c.
In order to facilitate the intentions of the homeowners or tenants
and an applicant for a change of use with regard to a change of use,
the parties may agree to mutually satisfactory relocation assistance.
To he valid such an agreement shall be in writing, shall include a
provision stating that the homeowner is aware of the provisions of
this chapter, shall include a copy of this chapter as an attachment,
shall include a provision in at least 10 point type which clearly
states the right to seek and the importance of obtaining an attorney's
advice prior to signing the agreement, and shall be drafted in form
and content otherwise required by applicable state law. Any person
signing such an agreement may rescind it in writing within 10 business
days of final approval of change of use. Any such agreement which
is procured by fraud, misrepresentation, coercion or duress of any
kind shall be void and unenforceable.
E.
Hearing
and Notice.
1.
Upon
the receipt of an impact report, within 30 days the advisory agency
shall examine the same and advise the applicant whether it is complete.
When a complete impact report has been filed and accepted by the advisory
agency, within 30 days the advisory agency shall set a time, place
and date for a hearing.
2.
At
least 30 days prior to the hearing, the advisory agency shall mail
notice to the applicant and the homeowners of the date, time and place
of the meeting.
3.
At
least 15 days prior to the scheduled public hearing before the advisory
agency on the conversion impact report, the applicant shall provide
the homeowner and all other persons described with a copy of this
chapter, a copy of the conversion impact report, and date and time
for an informational meeting pursuant to subsection (E)(4) of this
section.
4.
Not
less than 10 days prior to the date of the scheduled public hearing
before the advisory agency, the applicant shall conduct an informational
meeting for the residents of the mobilehome park regarding the status
of the application, the timing of proposed relocation of residents,
proposed relocation costs and assistance, and the contents of the
conversion impact report. The meeting shall be conducted on the premises
of the mobilehome park. The housing specialist(s) designated in the
impact report shall be present at such meeting.
5.
Within
five days prior to the public hearing, the applicant shall file with
the advisory agency a statement made under penalty of perjury that
all requirements pursuant to subsections (E)(3) and (4) of this section
have been complied with and include date, time, and place where such
meeting as required by subsection (E)(4) of this section occurred.
F.
Findings
and Decision. At the conclusion of the hearing, the advisory agency
shall render its decision. The advisory agency shall approve, conditionally
approve or disapprove the relocation impact report. The advisory agency
shall approve the relocation impact report if it finds that the relocation
impact report contains the information required pursuant to this section.
In approving the relocation impact report, the advisory agency may
impose such conditions as it finds necessary to mitigate the adverse
impacts on the residents; however, any steps required to be taken
by the park owner pursuant to this section shall not exceed the reasonable
costs of relocation. Notice of the advisory agency action shall be
mailed to the park owner, to all homeowners and to all persons who
have filed written request therefor.
G.
Request for Appeal. The park owner or any homeowner may appeal the advisory agency's decision to the city council. The appeal shall be filed with the city on a form provided for that purpose within 10 days after the action of the advisory agency. When an appeal is filed, it shall be accompanied by a fee in an amount determined according to Section 5.16.070. The city shall, within 45 days, set a time and date for a hearing, and shall mail written notice of such hearing to the park owner, all homeowners, the person requesting the hearing, the advisory agency and all persons who have filed written request therefor, at least 15 days prior to the hearing.
For all requests for hearing, the city council may sustain,
modify, reject or overrule any recommendations or rulings of the advisory
agency and may make such findings as are not inconsistent with the
provisions of this section.
H.
Extensions.
Any of the time limits specified in this section may be extended by
mutual consent of park owner and the advisory agency, or the city
council, on appeal, with notice to affected homeowners, except where
prohibited by state law.
I.
Expiration
and Extension of Relocation Impact Report. The approval of a relocation
impact report shall become null and void after 36 months from the
date of the mailing of the final approval of the relocation impact
report. Thereafter, the park owner shall not convert, close or cease
the use of the park until such time as a new relocation impact report
is approved. However, upon application of the park owner, filed with
the advisory agency on or before the date of expiration, the relocation
impact report may be extended by the advisory agency up to an additional
36 months. An application for an extension shall be subject to the
notice and hearing procedures of this section.
J.
Conditions.
In the approval of a mobilehome park conversion, the city may attach
conditions deemed reasonable in order to mitigate the impacts associated
with the conversion. Such conditions shall not be limited to, but
may include, the following:
1.
If
the land occupied by the park is to be sold, the homeowners shall
be given the right of first negotiation (from the seller) and matching
rights (right of last refusal) for the purchase of the park and all
the improvements.
2.
The
homeowners be given the option of a long-term lease of the land and
purchase of the improvements.
3.
The
city may attach an effective date upon their approval of the conversion.
This date will provide sufficient time for the relocation of the mobilehome
to other parks.
K.
Revocation and Amendment. Any time prior to the closure of the mobilehome park, the advisory agency may, in its discretion, and upon good cause shown, initiate proceedings for the revocation or amendment of an impact report. Good cause may include, but is not limited to, change of circumstances which render the conditions or requirements of the relocation impact report no longer necessary or appropriate, negligent or fraudulent misrepresentation of fact relating to the relocation impact report, or noncompliance with the conditions of the impact report. Prior to revoking or amending a relocation impact report, the advisory agency shall conduct a hearing in accordance with the applicable procedures set forth in subsection E of this section. Upon revocation, the park owner shall not convert, close, cease or change the use of the park until such time as a new relocation impact report is approved. Such revocation or amendment is subject to the same request for hearing as is provided in subsection G of this section.
L.
Evictions
Pending Compliance with Relocation Impact Report. Termination of a
tenancy of any resident pursuant to Civil Code Section 798.56 or any
other provision of law shall not relieve the park owner of its obligation
to comply with the conditions or requirements of the relocation impact
report applicable to that resident. However, if the termination of
tenancy is based on subdivisions (a), (b), (c), (d), (e) or (f) of
Section 798.56 of the Civil Code, the advisory agency, upon request
by the park owner, may grant to the park owner extensions of time
within which to comply with the conditions of the relocation impact
report.
M.
Additional
Authority of the Advisory Agency. If, notwithstanding the fact that
the park owner has not served a six months' or 12 months' notice on
the residents, the advisory agency finds that the park owner is attempting
to close or convert a park, then the advisory agency shall require
the filing of a relocation impact report.
N.
Obligations
of Applicant After Approval of Conversion Impact Report. After the
date of determination that the conversion impact report complies with
the requirements of this chapter, the applicant shall undertake or
be responsible for performance of the following obligations:
1.
Not
later than 30 days from the date of such determination, the housing
specialist or specialists shall make personal contact with each homeowner
of the mobilehome park and commence consultations to determine the
applicable costs and assistance to be provided. The housing specialist
or specialists shall give each homeowner and former resident eligible
to receive relocation assistance written notice of his or her rights
to relocation assistance as determined by the city under this chapter.
2.
Not
less than 120 days prior to the date any homeowner is required to
vacate the mobilehome park, any cash or monetary relocation costs
required by this chapter shall be paid to such homeowner, to any former
resident eligible for such costs, or to any person, firm or corporation
performing relocation related services for the homeowner, as the homeowner
may direct. If the applicant purchases the mobilehome the homeowner
shall be required to promptly submit to the applicant all documents
necessary to transfer complete title and ownership of such mobilehome
to the applicant, free and clear of all security interest, liens,
or other encumbrances.
3.
The
date upon which any resident of the mobilehome park is required to
vacate such park, or upon which any mobilehome is required to be removed
from the mobilehome park, shall be not less than six months from the
date of notice of termination of tenancy pursuant to Civil Code Section
798.56(f)).
4.
If
the owner of the mobilehome park, the applicant homeowner or tenant
specifically requests that any of the time limitations required by
this section be modified, the city shall consider any such modification
and evidence relating to the need therefor at the public hearing on
the conversion impact report. The city shall have the power to make
modification in such time limits, both in response to a request and
on its own motion, in conjunction with any approval of a conversion
impact report, as the city may deem just and reasonable.
O.
Payment
of Relocation Assistance Benefits—Prerequisite to Issuance of
Building Permit to Redevelop Park. No building permit shall be issued
for the development of any real property which has been or is being
converted from a mobilehome park pursuant to this chapter unless and
until the applicant or the owner of the property, as the case may
be, who is responsible for payment of any required monetary relocation
assistance, shall have filed with the advisory agency a verified statement
made under penalty of perjury that relocation assistance payments
required pursuant to this chapter have been paid. Such statement shall
specify in itemized form each payee, the amount paid, the date of
payment, and the type of relocation or other assistance for which
each such payment was made.
P.
Violations.
Violations of this section shall constitute a misdemeanor. In addition,
any park owner or applicant who violates any rights of any homeowner
or mobilehome tenant established under this chapter shall be liable
to the person for actual damages caused by such violation, plus costs
and reasonable attorneys' fees. No park owner shall take any wilful
action to threaten, retaliate against or harass any park resident
with the intent to prevent such residents from exercising his or her
rights under this chapter.
(Prior code § 6723; Ord. 48U § 1, 1991; Ord.
74 §§ 4—9, 1992)
