HomeMy WebLinkAboutOrdinance No. 93-O13 ORDINANCE NO. 9 3-013
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AZUSA ADDING SECTION 19.90 OF THE AZUSA
MUNICIPAL CODE TO AMEND SECTIONS 5.56.050 AND
5.56.090 RELATING TO MOBILEHOME PARK VACANCY
CONTROL
NOW THEREFORE, THE CITY COUNCIL OF THE CITY AZUSA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of Azusa determines and
declares as follows:
A. Mobilehome park tenants are in a poor bargaining position with park
owners because of substantial investments in their mobilehomes, the high cost of relocation and
a lack of alternative sites within Azusa and the region for their mobilehomes.
B. Unregulated mobilehome park rents are a hardship on vulnerable portions
of the City's population, including the elderly, the disabled, and those of low incoming, forcing
these persons to leave the City or divert a disproportionate amount of income to housing.
C. The ability of mobilehome park residents to transfer their mobilehomes is
severely limited, if not entirely abrogated, unless some protection is given to protect the
availability of mobilehome park space and transfer rights to mobilehome coaches.
SECTION 2. Section 5.56.090 of Chapter 5.56 of title 5 of the Azusa
Municipal Code is hereby added to read as follows:
"5.56.090 VACANCIES.
(a) Regulation of rents 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) When a coach on a regulated mobilehome space is sold by a vacating tenant
to a new tenant and the new tenant enters into a rental agreement for a
mobilehome space, any increase in rent must be limited to eight percent (8%)
of the immediately preceding rent, or, in the case of the Azusa Mobilehome
Park, to fourteen and two hundred seventy five thousandths percent (14.275%),
due to the recent unusual expenditures associated with the later Park. A rent
increase above 8% on a space in the Azusa Mobilehome Park is permitted only
on the execution of the first rental agreement on such space after February 5,
1992.
(c) When a coach is owned by the park owner and the coach is sold, after it has
been rented, the base rent to the buyer shall be calculated using the average of
the current space rent charged for similar spaces in the park.
(d) Notwithstanding subsection {b}, no rental increase shall be permitted under
this section for:
(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;
Page 1 of 2
ORDINANCE NO. 93-013
PAGE 2 OF 2
(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
interest in the mobilehome space.
(e) This section 5.56.090 shall apply to rental agreements executed on or after
February 6, 1992. If an agreement subject to this section is executed prior to
the effective date of this section, the rents pursuant to such agreement,
commencing on the effective date of this section, shall be reduced to conform
with this section. No rebate of previously collected rents shall be required or
due.
SECTION 3. Section 5.56.050(c) of Chapter 5.56 of title 5 of the Azusa
Municipal Code is hereby amended to read as follows:
"(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, 5.56.085 or 5.56.090."
SECTION 4. This Ordinance shall become effective thirty (30) days from
the date of its adoption. The City Clerk shall certify to the passage of this ordinance and shall
cause the same to be published in compliance with Chapter 19.64 of the Azusa Municipal
Code.
PASSED AND APPROVED this 6th day of July , 1993.
2
--- EU ENE MO S, MAYOR
I HEREBY CERTIFY that the foregoing Ordinance No. 93-013 was
regularly introduced and placed upon its first reading at a regular meeting of the City Council
on the 21st day of July , 1993. That thereafter, said Ordinance was
duly adopted and passed at a regular meeting of the City Council on the 6th day of
July , 1993, by the following vote, to wit:
AYES: COUNCILMEMBERS: DANGLEIS, MADRID, NARANJO, ALEXANDER,
MOSES
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: N� "
r OLP,' SOLIS, ITY CLERK
APPROVED AS TO FORM
"ITY ATTORNEY
Page 2 of 2