HomeMy WebLinkAboutOrdinance No. 92-O4ORDINANCE NO. 92-04
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AZUSA AMENDING THE AZUSA
MUNICIPAL CODE AT SECTION 5.12.070 AND
ADDING CHAPTER 5.56 RELATING TO
MOBILEHOME PARK RENT STABILIZATION
THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of Azusa does
hereby find and determine that:
A. The City of Azusa has heard comment on the issues
surrounding mobilehome park tenancies in 1990 and has mediated
certain disputes within the community.
B. Despite progress by the City, unresolved disputes
exist and the City finds it necessary to exercise its police
powers.
C. Mobilehome park tenants are in a poor bargaining
position with park owners because of substantial in vestments in
their mobilehomes, the high cost of relocation and a lack of
alternative sites within Azusa and the region.
D. Unregulated mobilehome park rents will be a hardship
on vulnerable portions of the City's population, including the
elderly, the disabled, and those of low income, forcing these
persons to leave the City or, divert a disproportionate amount of
income to housing.
SECTION 1. The Azusa Municipal Code is hereby amended at
Section 5.12.070 to add the underscored language as follows:
5.12.070 MOBILEHOME PARKS. Every person engaged in the business
of managing or operating an automobile trailer camp, used for
temporary parking of recreational vehicles and trailers, or
mobilehome park used for the parking of mobile homes on a
continuing basis, shall pay an annual license tax of twenty-four
dollars for the first three spaces, then an additional twelve
dollars for each parking space or unit available for the parking of
trailers or placement of mobile homes. Any such business shall
1771.1
12/16/91 11:00 a.m.
0 0
SECTION 2. The Azusa Municipal Code is hereby amended to
add Chapter 5.56 to Title 5, relating to Mobilehome Park Rent
Stabilization, to read as follows:
CHAPTER 5.56
MOBILEHOME PARK RENT STABILIZATION
5.56.010. PURPOSE. It is the purpose of this Chapter to
facilitate the establishment of fair and reasonable rents within
mobilehome parks within the City of Azusa. Furthermore, it is the
intent of this Chapter to maintain the character and quality of the
City's mobilehome parks, providing park owners reasonable rent
increases and park residents the security of rent review.
5.56.020 DEFINITIONS. For the purposes of this Chapter only, the
following words, terms and phrases shall be defined as follows:
BOARD shall mean the Mobilehome Park Rental Review Board
of the City of Azusa.
CAPITAL IMPROVEMENT shall mean any addition or betterment
made to a mobilehome park which consists of more than mere repair
or replacement of existing facilities or improvements, which must
primarily benefit the homeowner rather than the owner, and which
has a life expectancy of five (5) or more years.
CPI -W shall mean the Consumer Price Index for Wage
Earners in the Los Angeles -Long Beach -Anaheim area published by the
United States Bureau of Labor Statistics.
DEPARTMENT shall mean the Department of Community
Development of the City of Azusa.
- HOMEOWNER shall mean a person who has a tenancy in a
mobilehome park or an agent or representatives authorized to act on
said homeowners' behalf.
MOBILEHOME shall mean a mobilehome as defined in the
Mobilehome Residency Law as per California Civil Code Section
798.3.
MOBILEHOME PARK shall mean any area of land within the
City of Azusa where two (2) or more mobilehome spaces are rented,
or held out for rent, to accommodate mobilehomes used for human
habitation.
MOBILEHOME SPACE shall mean the site within a mobilehome
park intended, designed, or used for the location or accommodation
of a mobilehome and any accessory structures or appurtenances
attached thereto or used in conjunction therewith.
1771.1
12/16/91 11:00 e.m- —2—
0 0
NOTICE shall mean written notice sent to the intended
recipient through the U.S. Mail, First Class.
OWNER shall mean the owner or operator of a mobilehome
park or an agent or representatives authorized to act on said
owner's or operator's behalf in connection with the maintenance or
operation of such park.
PASS-THROUGH shall mean charges to the homeowner by the
owner which are in addition to the basic space rent except for
metered utilities.
REHABILITATION WORK shall mean any renovation or repair
work completed on or in a mobilehome park which was performed in
order to comply with the direction or order of a public agency, or
to repair damage resulting from fire, earthquake, or other
casualty.
RENT shall mean the consideration paid for the use or
occupancy of a mobilehome space.
RENT ADJUSTMENT shall mean rent increase or rent decrease
as determined by the Rental Review Board.
RENTAL AGREEMENT shall mean a written agreement, for two
(2) months or longer, between the owner and the homeowner
establishing the terms and conditions of a park tenancy. A lease
is a rental agreement.
RENT INCREASE shall mean an increase in basic space rent,
pass-throughs, separate assessments or other charges, excluding a
lawful utility charge increase.
RENT DECREASE shall mean a decrease in basic space rent,
pass-throughs, separate assessments or other charges, excluding a
lawful utility charge decrease.
TENANCY shall mean the right to use or occupy a
mobilehome space.
TENANT shall mean a person who has a tenancy in a
mobilehome park.
5.56.030 THE MOBILE HOME PARK RENTAL REVIEW BOARD.
(a) The Mobilehome Park Rental Review Board is hereby
established and shall consist of five (5) members and six (6)
alternates. In order to provide varied and balanced backgrounds
and experience, two (2) members and two (2) alternates shall be
homeowners within Azusa mobilehome parks; two (2) members and two
1771.1
12/16/91 I L00 a_m. —3—
(2) alternates shall be owners of Azusa mobilehome parks; one (1)
member and two (2) alternates shall be "public members" who are
neither homeowners or owners. No attorney shall serve on the Board
or be present to represent either side.
(b) An alternate shall serve on the Board in the absence
of a member of the Board. If more than one (1) member shall be
absent, as many alternates as are available shall serve as needed
to replace absent members so that hearings shall be conducted by a
full Board of five (5). Alternates shall be called first by same
background, then by rotation for service on the Board.
(c) Park owners shall appoint their members and
alternates; homeowners, through their park association or resident
representatives, shall appoint their members and alternates. Said
members and alternates shall be approved by a majority vote of the
City Council for a one (1) year term and until a successor is
appointed. The "public member" and alternates shall be mutually
agreed upon by the existing members of the Board and approved by a
majority vote of the City Council. Any member or alternate may be
removed, with or without cause, by a majority vote of the Board.
Should a vacancy exist, an appointment shall be made by a majority
vote of the Board and approved by a majority vote of the City
Council for the unexpired portion of the term. The compensation of
Board members shall be determined by the City Council.
(d) If a member of the Board is absent from three (3)
successive regular meetings without being excused by the Board, or
is absent for any reason for more than six (6) regular meetings in
any twelve (12) month period, the office of such member may be
vacated and the Board Chair shall immediately notify the
Department, who shall notify the City Council that said office is
vacant. Upon such notification, a successor for the remainder of
the term of such member shall be appointed by the Board effective
upon ratification by the City Council.
(e) The Board shall establish the time of any hearings
or meetings held pursuant to this Chapter, and such hearings or
meetings shall be held in the City Hall or any other place stated
by the City Council as often as the Board determines to be
necessary to discharge its duties hereunder.
(f) The Board shall elect one (1) of its members as
chairperson and said election shall be held as soon as practicable
after each new term commences. Five (5) members shall constitute
a quorum for the purpose of conducting a hearing or meeting.
Decisions of the Board shall be made by a majority vote of the
members present.
(g) The duties and responsibilities of the Board shall
include, but not be limited to, the following:
1771.1
12/16/91 11:00 a.m. —4—
(1) The Board shall create its own regulations by
majority vote to carry out the provisions of this Chapter 5.56.
(2) The Board shall make any recommendations it
deems appropriate to the City Council regarding the implementation
and enforcement of the provisions of this Chapter.
(3) The Board shall hear all rent adjustment
applications and determine whether to approve or disapprove a rent
increase or decrease in the manner provided by Sections 5.56.070
and 5.56.080.
5.56.040 EXISTING AND EXEMPT LEASES.
(a) Notwithstanding any provision of this Chapter 5.56,
rents agreed to under a written lease agreement in existence on
December 1, 1991, may be collected until the expiration of the
lease agreement.
(b) Notwithstanding any provision of this Chapter 5.56,
rents agreed to under a lease agreement exempt from local ordinance
pursuant to California Civil Code Section 798.17 may be collected
until the expiration of such lease agreement.
5.56.050 BASE RENT
(a) The initial base rent per month for each space
within the Azusa Mobilehome Park shall be two -hundred fifteen
dollars ($215). The initial base rent per month for each space
within the Sylvan Villa Mobilehome Park shall be five dollars ($5)
less than the rent in effect for that space on December 1, 1991.
The initial base rent per month for each space within the remaining
parks covered by this Chapter shall be the rent in effect for that
space on December 1, 1990, excluding pass-throughs, utilities
and/or separate assessments, subject to increases equal to a
proportionate share to each mobilehome space of an increase in a
special City tax, benefit assessment, or service charge, between
December 1, 1990, and the effective date of this Chapter.
(b) Any mobilehome space that has a rent of one hundred
fifty dollars ($150) or less at the effective date of this Chapter
shall not be subject to this Section 5.56.050. The base rent for
these spaces shall be the rent charged at the effective date of
this Chapter.
(c) No owner shall demand or accept or retain rent for
any space exceeding the initial base rent unless an increase has
been authorized under Sections 5.56.063, 5.56.067, 5.56.070 or
Section 5.56.085.
1771.1
12!16!91 11:00 a.m. — 5 —
(d) For those spaces covered by an existing exempt
written lease agreement pursuant to Section 5.56.040, the base rent
shall be the actual monthly rent for the last month of the lease
agreement prior to expiration.
5.56.060 SPACE RENT AGREEMENTS.
(a) Any mobile home park which provides a rental
agreement meeting the criteria set forth in this section 5.56.060
shall be exempt from the provisions of this ordinance for the
duration of such agreement.
(b) The exemption provided in subsection (a) herein
shall be effective only if the space rental agreement meets all of
the following criteria:
(1) The agreement must establish a space rental
agreement for a minimum of two (2) years from the effective date of
the agreement.
(2) The agreement shall be a formal agreement with
a written space rent schedule or formula binding upon both the park
owner and resident for its duration.
(3) The agreement must be voluntarily consented to
by the residents of at least seventy-five percent (75%) of the
mobile home spaces within the park. This consent shall be
evidenced by the signature of at least one resident from the
requisite number of spaces.
(c) This exemption shall terminate upon the expiration
of the space rental agreement unless such agreement is renewed or
extended by mutual agreement of the park owner and seventy-five
percent (75%) of the residents. Consent to any such renewal or
extension of a space rental agreement must meet the criteria set
forth in subsection (b) of this section. Upon termination of this
exemption, the mobile home park shall comply with this ordinance.
The monthly rent charged for the last month of the space rental
agreement shall be the new base rent for the purposes of any future
adjustment in rent.
(d) Homeowners shall have the right to a thirty (30) day
review or rejection of any offered written rental agreements or
leases. They shall have the right to rescind their signatures on
said document within three (3) days of signing. Park management
must obtain an Acknowledgment from the homeowner, in writing,
stating that they have in fact been advised of these rights.
Management's failure to obtain written Acknowledgment from the
homeowner may void the lease or rental agreement at the homeowner's
option.
1771.1
12116191 11:00 a.m. —6—
0 0
(e) Prior to, or at the time of agreeing to rent a space
to a new homeowner in a mobilehome park, the owner shall provide
each new homeowner or prospective homeowner with a copy of the
Azusa Mobilehome Park Rent Stabilization Ordinance, as currently in
force.
(f) No owner may require, directly or indirectly, that
any homeowner or prospective homeowner sign a lease or rental
agreement with a term in excess of twelve (12) months or that
provides that it shall be exempt from local rent stabilization or
provides for space rent in excess of that permitted by this Chapter
5.56 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.
5.56.063 PERMITTED RENT INCREASES WITHOUT MEDIATION, BOARD
APPROVAL, OR ARBITRATION.
(a) An owner may increase the rent for one or more
mobilehome spaces, upon written notice to each affected tenant and
the filing of a statement with the City showing that the increase
meets all of the following conditions:
(1) There have been no rent increases for the
subject spaces for the past twelve (12) months.
(2) There has been no decrease in services to the
tenants, except for decreases permitted by Section 5.56.100 of this
Chapter; and
(3) The proposed rent increase is no greater than
the sum of (A) and (B):
(A) The increase in the United States
Department of Labor Consumer Price Index for Wage Earners (CPI -W)
for the twelve (12) month period ending ninety (90) calendar days
prior to the date of receipt of the statement by the City, not to
exceed seven percent (7%), or ten dollars ($10) whichever is
greater.
(B) Each space's proportionate share of:
(i) An increase due under a valid,
existing land lease, binding upon the owner and tenant, in
existence on December 1, 1991; and/or
(ii) An increase in a City special tax,
benefit assessment, or a service charge.
1771.1
12/16/91 11:00 a.m. —7—
0 0
(4) The rent increase for each affected tenant
shall go into effect on the anniversary date of the space as
established by the respective park.
(b) An owner may increase the rent for one or more
mobilehome spaces in excess of the increase permitted in subsection
(a)(3) of this section upon written notice to each affected tenant
and the filing of a statement with the City showing that fifty-one
percent (51%) or more of the affected spaces approve the rent
increase. One vote shall be allowed per affected space.
(c) An owner may pass through the cost of a capital
improvement upon written notice to each affected tenant and the
filing of a statement with the City showing approval of an itemized
estimate by fifty-one percent (51%) or more of the affected spaces.
One vote shall be allowed per affected space.
5.56.067 PERMITTED RENT INCREASES BASED UPON MEDIATION.
(a) In the event a proposed rent increase for one (1) or
more spaces does not meet the criteria set forth in Section
5.56.063 of this Chapter, an owner may mail a notice to the
affected tenants and to the Department requesting mediation. Said
notice shall include the amount of the proposed increase and a
brief statement of the basis for the proposed increase.
(b) Upon notification by an owner, a five (5) member
park mediation committee shall be formed to meet and endeavor to
negotiate a mutually satisfactory rent increase.
(c) The park mediation committee shall be composed of
two (2) representatives designated by the owner and two (2)
representatives selected by the tenants affected by the proposed
rent increase. All four (4) such members shall be selected within
ten (10) days of notification. The fifth member of the park
mediation committee shall be a mediator appointed by the unanimous
vote of the other four (4) members. In the event the four (4)
members selected by the owner and tenants cannot agree on the fifth
member within twenty (20) days of the notification, the City
Attorney shall name a professional mediator as the fifth member.
Any fees payable to the mediator shall be borne equally by the
owner and the affected tenants.
(d) The park mediation committee shall establish
procedures for the conduct of its affairs not otherwise in conflict
with the provisions of this Chapter 5.56. A majority vote shall be
required to take or effect any action.
(e) If the park mediation committee negotiates a
proposed increase, written notice thereof shall be given to all
affected tenants of the park and the park owner. Within ten (10)
1771.1
12/16/91 11:00..m. -8-
0 0
days of such notice, the affected tenants shall take a secret
ballot, with one vote per space.
(f) If at least sixty-seven percent (67%) of the
affected mobilehome spaces of the park consent to the increase, and
the owner consents to the increase, then it shall be deemed
approved and effective and shall be noticed to all affected tenants
and the owner. If fewer than sixty-seven (67%) of the affected
mobilehome spaces of the park consent to the increase, then it
shall be deemed disapproved.
(g) If the increase is disapproved as provided under
this section, the owner may then file with the Department an
application for approval by the Board pursuant to Section 5.56.070.
5.56.070 PERMITTED RENT INCREASES BASED UPON AN APPLICATION
APPROVED BY THE BOARD.
(a) An owner may file with the Department a rent
increase application for one or more mobilehome spaces for approval
by the Board.
(b) An application for a rent increase pursuant to this
Section shall be filed upon a form prescribed by the Department and
shall be accompanied by the payment of a fee per affected space
equal to the actual cost of processing the application. Said fee
shall not be "passed through" to the homeowner. Said application
shall specify the address of the mobilehome park, the space number
or numbers for which rent is requested to be increased, the amount
of the requested rent increase, and the facts supporting the
requested increase. The applicant shall produce at the request of
the Department any records, receipts, reports, or other documents
that the Department may deem necessary for the Board to make a
determination whether to approve or disapprove a rent increase.
The application shall be made under penalty of perjury and
supporting documents shall be certified or verified as requested by
the Department.
(c) Upon receipt of a rent increase application, the
Department shall mail a notice in Spanish and English to the
affected homeowners at the mobilehome spaces designated in the
application, informing them of the receipt of such application, the
amount of the requested rent increase, a brief summary of the
owner's justification for the request, any supporting documents
which may be inspected at the City Hall, the homeowner's right to
submit written statements, photographs or other documents relating
to the application within thirty (30) days after the date the
notice is mailed, and the address where such statements or
documents may be mailed or delivered.
1771.1
12/16/91 11:00 a.m. —9
u
r]
(d) The Department shall determine within thirty (30)
days after receipt of a rent increase application whether said
application is complete. If the Department determines that an
application is not complete, it shall notify the applicant in
writing as to what additional information is required.
(e) A copy of each rent increase application shall be
provided to each member of the Board after such application is
determined to be complete. The Board shall hold a hearing on said
application within sixty (60) days after such determination is made
except as provided in subsection (j). Notice in Spanish and
English of the time, date, and place of the hearing shall be mailed
to the applicant and the affected homeowners at the mobilehome
spaces designated in the application at least ten (10) days prior
to the hearing.
(f) At the hearing, the applicant and the affected
homeowners may offer any testimony that is relevant to the
requested rent increase. The applicant and the affected homeowners
may offer documents, written declarations, or other written
evidence for the first time at the hearing only if good cause is
shown why such evidence was not filed with the Department prior to
the hearing. Formal rules of evidence shall not be applicable to
such proceedings. Except as provided in subsection (j), within
fifteen (15) days after the close of the hearing, the Board shall
make its determination, pursuant to the standards established by
subsection (g) of this Section, approving or disapproving a rent
increase for the mobilehome space or spaces specified in the rent
increase application.
(g) The Board shall approve such rent increase as it
determines to be just, fair and reasonable. The Board shall
consider the following factors, in addition to any other factors it
considers relevant, in making such determination:
(1) Changes in the Consumer Price Index for Wage
Earners (CPI -W) in the Los Angeles -Long Beach -Anaheim area publish-
ed by the United States Bureau of Labor Statistics.
(2) The rent lawfully charged for comparable
mobilehome spaces in the City of Azusa.
(3) The length of time since either the last
hearing and final determination by the Board on a rent increase
application or the last rent increase if no previous rent increase
application has been made.
(4) The completion of any capital improvements or
rehabilitation work related to the mobilehome space or spaces
specified in the rent increase application, and the cost thereof,
including such items of cost, including materials, labor,
1771.1
12/16/91 11:00 a.m. —10—
0 0
construction, interest, permit fees and other items as the Board
deems appropriate.
(5) Changes in property taxes in excess of the two
percent (2%) annual increase or other taxes related to the subject
mobilehome park.
(6) Changes in reasonable operating and maintenance
expenses.
(7) The need for repairs caused by circumstances
other than ordinary wear and tear.
(8) The amount and/or quality of services provided
by the applicant to the affected homeowner.
(9) Any and all other factors that the Board may
deem relevant.
(h) The Board may provide that a separate assessment be
granted by the Board and be limited to the length of time necessary
to allow the park owner to reasonably amortize the cost of a
capital improvement, including interest. Such separate assessment
granted as a result of the capital improvement shall not continue
beyond the time necessary for reasonable amortization of the cost
of such improvement.
(i) Notice in Spanish and English of the Board's
determination shall be mailed to the applicant and all affected
homeowners at the mobilehome spaces designated in the application.
The determination of the Board may be appealed to an Arbitrator as
set forth in Section 5.56.085.
(j) In the event that the Board is unable to act and
make its final determination on a completed rent increase
application within the time limitations prescribed by subsections
(d) -(f) of this Section, and after the thirty (30) days for the
homeowner to file statements or documents in opposition to the
application under subsection (c) shall have expired, the Board may
approve such interim rent increase for the mobilehome space or
spaces specified in said application which clearly appears to be
warranted when the factors set forth in subsection (g) of this
Section are considered, based upon the facts stated in the
application, any written statements or documents filed with the
Department by the affected homeowners, and any other facts known to
the Board. An approved interim rent increase shall expire on
either:
(1) The last day of the month within which the
Board makes its final determination disapproving a rent increase,
or;
1771.1
12116/91 11:00 a.m. -11-
0 0
(2) The effective date of a rent increase which is
approved by a final determination of the Board.
(k) The time within which the Board 'may conduct a
hearing as provided in subsection (e) or make its determination as
provided in subsection (f) may be extended twice by the Board for
periods of time not to exceed sixty (60) days each if the Board
approves an interim rent increase pursuant to subsection (j).
5.56.080 PERMITTED RENT DECREASES BASED UPON AN APPLICATION
APPROVED BY THE BOARD.
(a) Homeowner(s) may file with the Department a rent
decrease application for one or more mobilehome spaces for approval
by the Board.
(b) An application for a rent decrease pursuant to this
Section shall be filed upon a form prescribed by the Department and
shall be accompanied by the payment of a fee per affected space
equal to the actual cost of processing the application. Said
application shall specify the address of the mobilehome park, the
space number or numbers for which rent is requested to be
decreased, the amount of the requested rent decrease, and the facts
supporting the requested decrease. The applicant(s) and/or
owner(s) shall produce at the request of the Department any
records,receipts, reports, or other documents that the Department
may deem necessary for the Board to make a determination whether to
approve or disapprove a rent decrease. The application shall be
made under penalty of perjury and supporting documents shall be
certified or verified as requested by the Department.
(c) Upon receipt of a rent decrease application, the
Department shall mail a notice to the affected owner(s) informing
them of the receipt of such application, the amount of the
requested rent decrease, a brief summary of the homeowner's
justification for the request, any supporting documents which may
be inspected at the City Hall, the owner's right to submit written
statements, photographs or other documents relating to the
application within thirty (30) days after the date the notice is
mailed, and the address where such statements or documents may be
mailed or delivered.
(d) The Department shall determine within thirty (30)
days after receipt of a rent decrease application whether said
application is complete. If the Department determines that an
application is not complete, it shall notify the applicant(s) in
writing as to what additional information is required.
(e) A copy of each rent decrease application shall be
provided to each member of the Board after such application is
determined to be complete. The Board shall hold a hearing on said
1771.1
12/16/91 11:00 e.m. —12—
0
application within sixty (60) days after such determination is made
except as provided in subsection (i). Notice of the time, date,
and place of the hearing shall be mailed to the applicant(s) and
the affected owner(s) at least ten (10) days prior to the hearing.
(f) At the hearing, the applicant(s) and the affected
owner(s) may offer any testimony that is relevant to the requested
rent decrease. The applicant(s) and the affected owner(s) may
offer documents, written declarations, or other written evidence
for the first time at the hearing only if good cause is shown why
such evidence was not filed with the Department prior to the
hearing. Formal rules of evidence shall not be applicable to such
proceedings. Except as provided in subsection (i), within fifteen
(15) days after the close of the hearing, the Board shall make its
determination, pursuant to the standards established by subsection
(g) of this Section, approving or disapproving a rent decrease for
the mobilehome space or spaces specified in the rent decrease
application.
(g) The Board shall approve such rent decrease as it
determines to be just, fair and reasonable. The Board shall
consider the following factors, in addition to any other factors it
considers relevant, in making such determination:
(1) A decrease in the amount and/or quality of
services provided by the owner to the affected homeowner(s).
(2) A loss or decrease of common areas and/or
common area facilities and/or amenities.
(3 ) A loss or decrease in maintenance of common
areas and/or common area facilities.
(4) The rent lawfully charged for comparable
mobilehome spaces in the City of Azusa.
(5) The failure of any capital improvements or
rehabilitation work related to the mobilehome space or spaces
specified in the rent decrease application.
(6) Changes in property taxes or other taxes
related to the subject mobilehome park.
(7) Changes in the rent paid by the owner for the
lease of the land on which the subject mobilehome park is located.
(8) Changes in reasonable operating and maintenance
expenses.
(9) Any existing written lease unlawfully entered
into between the applicant and the affected owner.
1771.1
12/16/91 11:00 a.m. —13—
(10) Changes in the Consumer Price Index for Wage
Earners (CPI -W) in the Los Angeles -Long Beach -Anaheim area publish-
ed in the United States Bureau of Labor Statistics.
(11) Any and all other factors that the Board may
deem relevant.
(h) Notice of the Board's determination shall be mailed
to the applicant(s) and the affected owner(s). The determination
of the Board may be appealed to an Arbitrator as set forth in
Section 5.56.085.
(i) In the event that the Board is unable to act and
make its final determination on a
application within the time limitations
(d) -(f) of this Section, and after the
owner(s) to file statements or docume
application under subsection (c) shall h
approve such interim rent decrease for
spaces specified in said application wh
warranted when the factors set forth i
Section are considered, based upon t
application, any written statements or
Department by the affected owner(s), an
the Board. An approved interim rent
either:
completed rent decrease
prescribed by subsections
thirty (30) days for the
nts in opposition to the
ave expired, the Board may
the mobilehome space or
ich clearly appears to be
n subsection (g) of this
he facts stated in the
documents filed with the
d any other facts known to
decrease shall expire on
(1) The last day of the month within which the
Board makes its final determination disapproving a rent decrease,
or;
(2) The effective date of a rent decrease which is
approved by a final determination of the Board.
(j) The time within which the Board may conduct a
hearing as provided in subsection (e) or make its determination as
provided in subsection (f) may be extended twice by the Board for
periods of time not to exceed sixty (60) days each if the Board
approves an interim rent increase pursuant to subsection (i).
5.56.085 PERMITTED INCREASES OR DECREASES BASED UPON ARBITRATION.
(a) An owner or tenant may file with the Department an
application for arbitration on the applicable mobile home spaces
within twenty (20) days following any instance of the denial of the
proposed rent decrease under Section 5.56.080(g) or increase under
Section 5.56.070(g).
(b) An application for arbitration pursuant to this
section shall be made under penalty of perjury and shall be filed
upon a form prescribed by the Department accompanied by the payment
1771.1
12/16/91 11:00 a.m. -14-
0 0
of a fee established by resolution of the City Council. The
applicant for arbitration, whether owner or tenant, shall pay the
fee established by the City Council, and said fee shall not be made
a pass-through to the tenants. The arbitration application shall
specify the address of the mobile home park, the space numbers for
which rent is requested to be increased, the amount of the
requested rent increase, and the facts supporting the request. The
City shall select an independent arbitrator who is a member of the
American Arbitration Association.
(c) The arbitrator shall determine within sixty (60)
days after receipt of an application whether said application is
complete. If the arbitrator determines that an application is not
complete, the arbitrator shall notify the applicant in writing as
to what additional information is required.
(d) Upon a determination that the application is
complete, the Arbitrator shall mail a notice to the owner and the
affected tenants at the mobile home spaces designated in the
application. The notice shall include the amount of the requested
rent adjustment, a brief summary of the owner's justification for
the request, notice that any supporting documents may be inspected
at City Hall, notice of the right of the affected tenant or owner
to submit written statements, photographs or documents relating to
the application within thirty (30) days after the date the notice
is mailed, and the address where such statements, photographs, or
documents may be mailed or delivered. All written statements
submitted by a tenant or owner for consideration by the arbitrator
shall be signed and submitted under penalty of perjury.
(e) The applicant shall produce, at the request of the
arbitrator, any records, receipts, or other documents that the
arbitrator may deem necessary.
(f) The arbitrator shall hold a hearing on the appli-
cation within sixty (60) days after such application is deemed
complete. Notice of the time, date, and place of the hearing shall
be sent to all of the parties at least ten (10) days prior to the
hearing.
(g) At the hearing, any party may offer any testimony
that is deemed relevant by the arbitrator to the requested rent
adjustment. The applicant shall produce any records, receipts, or
other documents that the arbitrator may deem necessary to approve
a rent adjustment. A party may offer documents, written declara-
tions, or other written evidence for the first time at the hearing
only if good cause is shown why such evidence was not filed prior
to the hearing. Formal rules of evidence shall not be applicable to
such proceedings. Within fifteen (15) days after the close of the
hearing, the arbitrator shall make his/her determination pursuant
1771.1
12/16/91 11:00 a.m. —15—
0 0
to the standards established by subsection (g) of this section,
approving or disapproving the requested rent adjustment.
(h) The arbitrator shall approve the requested rent
adjustment as he/she determines to be just, fair, and reasonable.
The arbitrator shall consider, but not be limited to, the factors
available to the Board under Sections 5.56.070(g) and 5.56.080(g).
(i) The Arbitrator may provide that an adjustment in
rent or a portion of an adjustment be in the form of a separate
assessment and be limited to the length of time necessary to allow
the park owner to reasonably amortize the cost of a capital
improvement, including interest. Such adjustment granted as a
result of the capital improvement shall not continue beyond the
time necessary for reasonable amortization of the cost of such
improvement.
(j) Notice of the arbitrator's determination shall be
mailed to the owner and the affected tenants. The determination of
the arbitrator shall be final.
(k) If the arbitrator is unable to act and make his/her
final determination on a completed application within seventy-five
(75) calendar days after the application is deemed complete, the
arbitrator may approve such interim rent increase or decrease for
the mobile home space or spaces specified in said application as
clearly appears warranted when the factors set forth in subsection
(h) of this section are considered, based upon the facts stated in
the application, any written statements or documents filed with the
arbitrator by the affected tenants, and any other facts known to
the arbitrator. An approved interim rent increase or decrease
shall expire on either: (1) the last day of the month within which
the arbitrator makes his/her final determination disapproving a
rent increase or decrease; or (2) the effective date of a rent
increase or decrease which is approved by a final determination of
the arbitrator.
(1) The time within which the arbitrator may conduct a
hearing or make his/her determination may be extended twice by the
arbitrator for periods of time not to exceed sixty (60) days each
if the arbitrator considers and, if grounds exist, grants an
interim rent increase or decrease pursuant to subsection (k) of
this section.
5.56.090 VACANCIES.
(a) When a mobilehome space becomes vacant or the
ownership of a mobilehome is transferred, no rent increases other
than those approved after a hearing by the Board may be demanded,
accepted or retained by the owner. The rent charged to a
prospective resident purchasing a mobilehome in a park shall be the
1771.1
12/16/91 11:00 a.m. —16—
0 0
same as the rent permitted under this Chapter 5.56 and charged to
the selling homeowner. Regulation of rent charged to purchasers of
mobilehomes is necessary to protect the investment of existing
residents in their mobilehomes and their ability to sell their
homes.
(b) The provisions of this Section 5.56.090(a) are
suspended until such time as the City Council adopts an ordinance
terminating this suspension. During the period of suspension, the
owner may adjust the monthly rent without regard to this chapter
5.56 upon a vacancy or change of ownership of a mobilehome. For
purposes of this section, a vacancy or change of ownership shall
not include:
(1) Transfers to a conservator of the person and/or
the estate of a tenant and/or the individual heir of a tenant;
(2) Transfers which take effect upon the death of
a spouse;
(3) Transfers to a spouse or former spouse in
connection with a property settlement agreement or decree of
dissolution of marriage or legal separation; or
(4) The creation, transfer or termination solely
between spouses of interests in the mobilehome space.
5.56.100 TERMINATION OF SERVICES.
(a) No mobilehome park owner shall reduce or eliminate
any service to any mobilehome 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
homeowner in the form of a decrease in space rent. If a mobilehome
park owner who provides utility services reduces or eliminates such
service by separate metering or other lawful means of transferring
to the resident the obligation for payment for such services, the
cost savings shall be deemed to be the cost of such transferred
utility service for the twelve (12) months prior to the
installation and use of the submetering system.
(b) The cost of installation of separate utility meters,
or similar costs to the owner which allow a shift in obligation for
payment of utility costs to the homeowner may not be passed to the
homeowner. Nothing stated herein shall be construed to prohibit or
prevent the recovery of such costs by an application for rental
increase as provided in this Chapter 5.56.
5.56.110 FEES. A tenant whose tenancy is not regulated by the
provisions of the Mobilehome Residency Law shall not be charged a
fee by the Owner for anything other than rent or utilities with the
1771.1
12!16191 11:00 a.m. —17—
exception of incidental reasonable charges for services actually
rendered.
5.56.120 PERMISSIBLE REASONS FOR TERMINATING OR REFUSING TO RENEW
A TENANCY.
(a) A tenancy which is not subject to the provisions of
the Mobilehome Residency Law shall not be terminated nor shall its
renewal be refused, except for one or more of the following
reasons:
(1) Failure of the tenant to comply with a local
ordinance or State Law or regulation relating to mobilehomes within
a reasonable time after the tenant receives a notice of
noncompliance from the appropriate governmental agency.
(2) Conduct by the tenant, upon the mobilehome park
premises, which constitutes a substantial annoyance to other
tenants.
(3) Failure of the tenant to comply with a
reasonable rule or regulation of the mobilehome park. No actor
omission of the tenant shall constitute such a failure to comply
unless and until the owner has given the tenant written notice of
the alleged rule or regulation violation and the tenant has failed
to adhere to the rule or regulation within seven (7) days.
(4) Nonpayment of rent, utility charges, or
reasonable incidental service charges.
(5) Condemnation of the mobilehome park.
(6) Change of use of the mobilehome park, provided
the owner:
(i) gives the tenant written notice of the
proposed change twelve (12) months or more before the date of the
proposed change.
(ii) gives each proposed tenant whose tenancy
will commence within twelve (12) months of the proposed change,
written notice thereof prior to the inception of his tenancy.
(b) Notice of termination or refusal to renew must be
given in writing in the manner prescribed by Section 1162 of the
Code of Civil Procedure at least sixty (60) days prior to the
termination date of the tenancy. Said notice shall state the date
the tenancy terminates, the reason for the termination or refusal
to renew, and the specific facts upon which the owner is relying.
5.56.130 REFUSAL OF HOMEOWNER TO PAY ILLEGAL RENT. A home -owner
may refuse to pay any rent in excess of the maximum rent permitted
1771.1
12116/91 11:00 a.m. —18—
0
6
by this Chapter. The fact that such unpaid rent is in excess of
the maximum rent shall be a defense in any action brought to
recover possession of a mobilehome space for nonpayment of rent or
to collect the illegal rent.
5.56.140 PROHIBITED ACTS.
(a) It shall be unlawful for any park owner, manager,
employee, agent or representative to take or cause to be taken any
retaliatory action against any park resident as a result of the
resident exercising any right conferred upon such resident by this
Ordinance or by any rule or order issued by the Board pursuant
thereto. Retaliatory action shall include any action or proceeding
to recover possession of a rental space; action which would
increase space rentals or service fees, decreased services,
increase the obligation of the resident or constitute undue or
unusual inconvenience, violate the privacy of the resident, harass
the resident, or otherwise discriminate against the resident; and
any refusal to honor an existing rental agreement or lease or any
provision thereof; and any other form of threat, coercion, or
intimidation.
(b) It shall be unlawful for any person to fail to
comply with any order of the Board.
5.56.150 REMEDIES.
(a) Any person who demands, accepts or retains any
payment of rent in violation of the provisions of this Chapter
shall be liable in a civil action to the person from whom such
payment is demanded, accepted or retained for damages in the sum of
three (3) times the amount by which the payment or payments
demanded, accepted, or retained exceed the maximum rent which could
be lawfully demanded, accepted, or retained together with
reasonable attorneys' fees and costs as determined by the court.
(b) Any person violating any of the provision of this
Chapter shall be guilty of a misdemeanor and shall be punishable in
the manner provided by the Azusa Municipal Code.
5.56.160 SEVERABILITY. If any Section, subsection, sentence,
clause, phrase or portion of this Ordinance is for any reason held
to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity
of the remaining portions of this Ordinance.
5.56.170 CITY COUNCIL REVIEW OF THIS CHAPTER.
(a) The City Council shall review the provisions of this
Chapter six (6) months after the date of adoption thereof, in order
to consider the following:
1771.1
12/16/91 11:00 a.m. —19—
(1) Whether mobilehome park rent stabilization
continues to be necessary to protect the public health, safety, and
welfare;
(2) Whether the implementation of the provisions of
this Chapter have been adequate; and
(3) Whether the provisions of this Chapter should
be amended to provide more effective regulation or to avoid
unnecessary hardship.
(b) In January of each year, beginning in January 1993,
the City Council shall hold a public hearing to consider the
operation of this Chapter during the preceding year and oral and
written comments of the public. The purpose of such public hearing
is to determine what revisions, if any, to this Chapter may be
appropriate.
SECTION 4. The City Clerk shall certify to the passage
and adoption of this ordinance and shall cause the same to be
published as prescribed by law.
APPROVED AND ADOPTED this 6th. day of January , 1992.
ATTEST:
.�
MayorPro-m of the City of Azusa
1771.1
12/16/91 11:00 a.m. —20—
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF AZUSA )
I, Adolph Solis, City Clerk of the City of Azusa, do
hereby certify that the foregoing Ordinance No. 92-04 was
regularly introduced and placed upon its first reading at a
regular meeting of the City Council on the 16th. day of
December, 1991. That thereafter, said Ordinance was
duly adopted and passed at a regular meeting of the City Council
on the 6th. day of January, 1992, by the following vote, `
to wit:
AYES: COUNCILMEMBERS: STEMRICH, NARANJO, MOSES
NOES: COUNCILMEMBERS: DANGLEIS
ABSENT: COUNCILMEMBERS: ALEXANDER
ABSTAIN: COUNCILMEMBERS: NONE
- 21 -
0
ORDINANCE NO,`9'2=:04
u
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AZUSA AMENDING THE AZUSA
MUNICIPAL CODEAT SECTION 5.12.070 AND
ADDING, CHAPTER 5.56 RELATING TO
MOBILEHOME PARK RENT STABILIZATION
(The following is a summary of the Ordinance. The
Ordinance, in its entiretv, is on file in the Office
of the City Clerk, and is available for public sxxmkixx
during normal working ours) inspection
THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The Azusa Municinal Code is hereby amended at
Section 5.12.070 MOBILHOME PARKS........
SECTION 2. The Azusa Municipal Code is hereby_ amended to
add Chanter 5.56 to Title 5
CHAPTER 5.56
MOBILEHOME PARK RENT STABILIZATION
5.56.010. PURPOSE.
5.56.020 DEFINITIONS.
5.56.030 THE MOBILE HOME PARK RENTAL REVIEW BOARD.
5.56.040 EXISTING AND EXEMPT LEASES.
5.56.050 BASE RENT
5.56.060 SPACE RENT AGREEMENTS.
5.56.063 PERMITTED RENT INCREASES WITHOUT MEDIATION, BOARD
APPROVAL, OR ARBITRATION.
5.56.067 PERMITTED RENT INCREASES BASED IJPON MEDIATION.
5.56.070 PERMITTED RENT INCREASES BASED UPON AN APPLICATION
APPROVED BY THE BOARD.
5.56.080 PERMITTED RENT DECREASES BASED UPON AN APPLICA-
5.56.085 PERMITTED INCREASES OR DECREASES BASED UPON ARBITRATION.
5.56.090 VACANCIES.
5.56.100 TERMINATION OF SERVICES.
5.56.110 FEES.
5.56.120 PERMISSIBLE REASONS FOR TERMINATING OR REFUSING TO -RENEW
5.56.130 REFUSAL OF HOMEOWNER TO PAY ILLEGAL RENT.
5.56.140 PROHIBITED ACTS.
5.56.150 REMEDIES.
5.56.160 SEVERABILITY.
5.56.170 CITY COUNCIL REVIEW OF THIS CHAPTER.
SECTION 4. The City Clerk shall certify to the passage
and adoptioof this ordinance and shall cause the same to be
published as prescribed by law.
APPROVED AND ADOPTED THIS 6th. day of January 1992.
/s/HARRY L. STEMRICH
Mavor Pro -Tem of the City of Azusa
ATTEST: /s/ADOLPH A. SOLIS