Ordinance Number 412ORDINANCE NO. 412
MOBILE HOME PARK REVIEW COMMITTEE
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING ARTICLE 9, CHAPTER 2,
TITLE 2 OF THE SAN JUAN CAPISTRANO MUNICIPAL
CODE
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Amendment.
Article 9 of Chapter 2 0£ Title 2 of the San Juan
Capistrano Municipal Code is hereby amended to read as follows:
"Article 9. Mobile Home Park Review Committee.
"Section 2-2.901. Findings.
"(a) There is presently, within the City of San
Juan Capistrano and the surrounding areas, a
shortage of spaces for the location of mobile
homes, resulting in a low vacancy rate and
rising space rents.
"(b) Mobile home owners have invested substantial
sums in their mobile homes and appurtenances.
"(c) Alternative sites for the relocation of
mobile homes are difficult to find, and
moving and installation of mobile homes is
expensive, with possibilities of damage to
the units.
"This Council does, accordingly, find and declare
that it is necessary to protect the residents of mobile
homes from unreasonable space rent increases and/or
assessments and unreasonable rules and regulations,
recognizing the need of mobile home park owners to receive a
fair return" on their investment and revenues sufficient to
cover any increased costs of repairs, maintenance, insurance,
upkeep and additional amenities.
"Section 2-2.902. Definitions.
"(a) "Committee" means the Mobile Home Park Review
Committee established by this Ordinance.
"(b) "Park" means a mobile home park which rents
spaces for mobile home dwelling units.
"(c) "Owner" means the owner, lessor, or designated
agent of a park.
"(d) "Resident" means any person entitled to occupy
a mobile home dwelling unit pursuant to
„ ownership thereof or a rental or lease
arrangement with the owner of the subject
dwelling unit. -
"(e) "Rent" means the consideration, including any
benefits or fees, in connection with the use
and occupancy of a mobile home space in a park,
or the transfer of a lease or rental agreement
for park space, services and amenities, or
subletting, but exclusive of any amounts paid
for the use of the mobile home dwelling unit.
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"Assessment" means the unit allocation of the
cost of installing, improving, repairing or
maintaining any capital improvements benefiting
the resident.
"(g) "Maximum Allowable Percentage" means the maximum
allowable increase in space rent shall be the
lessor of:
111. The percentage of increase in the Consumer
Price Index (CPI) all Urban Items, for the
Long Beach/Anaheim area for the twelve
month period immediately preceding the date
upon which any notification of rent
increase is given; or
"2. Nine percent (98) of the space rent.
"Section 2-2.903
Applicability.
"The provisions of this Ordinance shall not apply to
any park which contains fewer than 25 spaces.
"Section 2-2.904. Mobile Home Park Review Committee.
"(a) Mobile Home Park Review Committee Created: A
Mobile Home Park Review Committee for the City
is hereby created.
"(b) Membership: The Mobile Home Park Review
Committee shall consist of a total of five (5)
voting members: Two (2) resident electors who
are mobile home owners; two (2) mobile home
park owners, operators or managers, who are not
required to be resident electors; and one (1)
shall be a resident elector who is neither a
mobile home owner, mobile home park owner,
operator nor manager. A quorum shall consist
of four (4) members, and any action of the
Committee shall require an affirmative vote of
not less than three (3) members.
"(c) Duties: The Mobile Home Park Review Committee
shall undertake and have the following duties,
responsibilities, and functions together with
the powers incidental thereto:
111. To investigate, hold hearings and to
mediate insofar as possible and make
recommendations to the City Council on
issues, problems and legislation relating
to mobile home parks.
"2. To meet upon the filing of a petition by
residents or an owner requesting a hearing
concerning space rent; receive testimony
and other evidence relating to such
petition and make appropriate
recommendations to the City Council.
"3. To undertake such other duties as may be
assigned by the City Council from time to
time.
"Section 2-2.905. Membership.
"(a) Appointment: Members of the Mobile Home Park
Review Committee shall be appointed by the
affirmative votes of not less than three (3)
members of the City Council, and shall be --
resident electors of the City, except as
expressly provided herein.
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"(b) Service: Each member of the Committee shall
serve for a one (1) year term.
"(c) Removal: Any member of the Committee may be
removed from such office, with or without cause,
at any time, by the City Council. No such removal
shall be effective unless a motion to that
effect, made at a regular, adjourned regular,
special or adjourned special meeting, is carried
by the affirmative votes of not less than three
(3) members of said Council.
"(d) Meetings: Except as expressly provided in this
Ordinance, the Committee shall establish the
time and place of its regular meetings. All
such meetings shall be conducted in accordance
with the provisions of the Ralph M. Brown Act.
The Committee shall adopt rules for the transaction
of its business and shall keep a record of its
proceedings, which shall be open for inspection
by any member of the public.
"(e) Absence of Members: Any member of the Committee
who is absent, without sufficient cause, from
three (3) successive regular meetings of the
Committee shall be deemed to have vacated his
office.
"An absence due to illness or an unavoidable
absence from the City shall be deemed an excused
absence of sufficient cause provided that notice
thereof is given to the Secretary of the Committee
by such member, on or before the day of any
regular meeting of the Committee.
"(f) Organization: The Committee shall annually
elect one of its members as Chairman and one
of its members as Vice Chairman. Such election
shall take place at the first regular meeting in
July.
(g) Vacancies. Qualification of Successor: Whenever
a vacancy occurs on the Committee, such vacancy
shall be filled in the manner set forth in
Section 2-2.905(a) hereof. Where a vacancy
occurs leaving an unexpired term, the subsequent
appointment shall be made for the balance of such
unexpired term.
"Except for the removal of a Committee member,
as provided in Section 2-2.905(c) hereof, or
vacancy due to absence as provided in
Section 2-2.905(e) hereof, notwithstanding the
expiration of the term of a Committee member,
such member shall continue to serve as such,
until his successor is appointed and qualified.
"(h) Compensation: Each member of the Committee shall
be entitled to such compensation as may be set
by the City Council. Such members shall be
entitled to reimbursement for expenses incurred
in the performance of their official duties, if
the same is approved, in advance, by the City
Council. The Committee shall not have the
authority to expend or authorize the expenditure
of any public funds, except with the prior
express approval of the City Council.
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"(i) Terms:
"1. Expiration of Terms: The term of a
Committee office shall expire on June 30
of the designated expiration year.
"2. Continuation in Office. Each member of
the Committee holding such office as of
the effective date of this Ordinance, shall
continue in such office„for the term to
which he was appointed; provided, that the
provisions of this Ordinance shall control
and govern such continuance in office.
"(j) Secretary: The City Manager shall designate
the Secretary of the Committee and such other
advisory positions as he may deem appropriate.
He shall provide appropriate clerical assistance
for the Committee, and shall be responsible for
the maintenance of all its permanent records.
"Section 2-2.906. Fees, Assessments, Rules and
Regulations.
"A resident shall not be charged any fee for other
than rent, utilities, and incidental reasonable charges for
services actually rendered. A resident shall, moreover, not be
charged a security deposit nor a fee for entry, installation
hookup, or landscaping (except as specifically permitted under
Section 798.37 of the Civil Code) as a condition of any tenancy.
Furthermore, there shall be no imposition by the owner of any
fees or assessments, nor the adoption of any rules or
regulations relating to personal actions, age limits, and the
health, safety and welfare of residents, until such assessments
or rules or regulations have been approved in writing by
residents representing more than fifty percent (50%) of the
spaces within the park.
"Section 2-2.907. Space Rent Increases.
"Upon receiving a petition concerning a space rent
increase pursuant to Section 2-2.908 herein, the Committee
shall make a preliminary investigation to determine if the
increase would exceed the "Maximum Allowable Percentage” as
defined in Section 2-2.902(g) of this Ordinance. If the rent
increase does not exceed such maximum, the Committee shall
reject the petition and shall not hold a hearing thereon.
If, on the other hand, the Committee's investigations indicate
that the increase exceeds such Maximum Allowable Percentage,
a hearing shall be scheduled to determine the necessity and/or
justification for the increase in space rent.
"The Maximum Allowable Percentage shall be applied
to each space and shall not be based upon the park's mean
rent. There shall, moreover, be no more than one increase
in space rents within a park during any twelve month period.
"Section 2-2.908. Review and Hearing Process.
"(a) Upon the written petition of an owner, or of
residents representing more than fifty percent
(508) of the spaces within a park, excluding
management space, concerning assessments, rules
and regulations, or space rents, the Committee
shall hold a hearing.
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"(b) The Committee shall make its decision no later
than ten (10) days after conclusion of the
hearing and forthwith submit its findings and
recommendations to the City Council.
"(c) The City Council may, based upon its findings,
require the owner to modify the assessments or
rules and regulations, or to reduce, increase,
maintain, or modify the space rent.
"(d) Any space rent increases which have been
collected by an owner pursuant to an increase
which is subject of a petition for hearing and
which is later determined by the City Council
to have been excessive, shall be either returned
to the residents or credited to future space
rents, provided that no increases collected
prior to the effective date of this Ordinance
shall be returned.
Section 2-2.909. Notification of Sale.
"(a) Before the sale of any mobile home park, the
park owner shall notify a designated
representative of the residents of his intent
to sell. Such notification shall specify:
(a) the sales price; (b) terms and conditions
of sale; and (c) a date (not to exceed 10 days)
within which a response from the residents will
be accepted. The residents, through their
designated representative, shall, within the
specified time: (a) notify the park owner
that the residents will purchase the park on
the terms and conditions set forth in the
notice; (b) present a counter-offer; or
(c) decline to purchase the park.
"If the residents elect to purchase the property
in accordance with the terms and conditions set
forth in the park owner's notice, the sale shall
be consummated in accordance with the terms and
conditions set forth therein. If a counter-offer
is made by the residents, park owner shall have
10 days within which to respond thereto. If the
residents decline to purchase the park, or if
their counter-offer is rejected by the park
owner, park owner shall be free to sell the park
in accordance with the terms and conditions
set forth in his original notice.
"(b) Before the sale of any mobile home, the home
owner shall notify a designated representative
of the park owner of his intent to sell. Such
notification shall specify: (a) the sale price;
(b) terms and conditions of sale; and (c) a date
(not to exceed 10 days) within which a response
from the park owner will be accepted. The park
owner, through his designated representative,
shall, within the specified time: (a) notify
home owner that the park owner will purchase
the mobile home on the terms and conditions
set forth in the notice; (b) present a
counter-offer; or (c) decline to purchase.
"If the park owner elects to purchase the
property in accordance with the terms and
conditions set forth in the home owner's notice,
the sale shall be consummated in accordance
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"with the terms and conditions set forth therein.
If a counter-offer is made by the park owner,
home owner shall have 10 days within which to
respond thereto. If the park owner declines
to purchase the mobile home, or if their
counter-offer is rejected by home owner, home
owner shall be free to sell the mobile home
in accordance with the terms and conditions
set forth in his original notice."
SECTION 2. Effective Date.
This Ordinance shall take effect and be in force thirty
(30) days after its passage.
SECTION 3. City Clerk's Certification.
The City Clerk shall certify to the adoption of this
Ordinance and cause same to be posted in the duly designated posting
places within the City of San Juan Capistrano within fifteen (15)
days after its passage.
PASSED, APPROVED AND ADOPTED this 5th day of
November 1 1980, by the following vote, to wit:
AYES: Councilmen Friess, Bland, Buchheim and
Mayor Hausdorfer
NOES: None
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) as.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan
Capistrano, California, DO HEREBY CERTIFY that the foregoing is a
true and correct copy of Ordinance No. 412 , which was
introduced at a meeting of the City Council of the City of San Juan
Capistrano, California, held on October 15 1980, and adopted at
a meeting held on November 5 1 MT
(SEAL) A/ 1�Azi__me_L
MARY ANN , CITY CLRK