Ordinance Number 507ORDINANCE NO. 507 334
MOBILE HOME PARK REVIEW COMMITTEE
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING TITLE 2, CHAPTER 2,
ARTICLE 9.OF THE SAN JUAN CAPISTRANO MUNICIPAL
CODE - MOBILE HOME PARK REVIEW COMMITTEE
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Amendments.
Title 2, Chapter 2, Article 9, of the San Juan
Capistrano Municipal Code is hereby amended as follows:
1. Section 2-2.901.
Findings.
The last paragraph of Section 2-2.901 is hereby amended
to read as follows:
"The Council, accordingly, does find and declare that it
is necessary to protect the residents of mobile homes
from unreasonable space rent increases, recognizing the
need of mobile home park owners to receive a fair, just
and reasonable return."
2. Section 2-2.902. Definitions.
Section 2-2.902(g) is hereby amended to read as
follows:
"(g) 'Rent' shall mean the consideration charged solely
for the use and occupancy of a mobile home space
in a park and shall not include any amount paid
for the use of the mobile home dwelling unit or
for facilities or amenities in a park, other than
a mobile home space, or any other fees or charges
regulated by a governmental agency and charged to
residents on an actual usage and/or cost basis."
3._ Section 2-2.903. Mobile Home Park Review Committee:
Created: Members: Duties.
Section 2-2.903(b) is hereby amended to read as
follows:
"(b) Membership. The Mobile Home Park Review Committee
shall consist of a total of five (5) voting
members and three (3) alternates: two (2)
resident electors and one (1) alternate who are
mobile home owners; two (2) mobile home park
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owners, operators, managers, or agents thereof,
and one (1) alternate who are not required to be
resident electors; and one (1) resident elector
and one (1) alternate who are neither mobile home
owners nor mobile home park owners, operators,
managers, or agents thereof. If, however, any
membership cannot be reasonably filled from the
designated categories, the Council may appoint
such other person who is capable of fulfilling the
duties and obligations set forth in this article.
A quorum shall consist of three (3) voting
members, and any action of the Committee shall
require an affirmative vote of not less than three
(3) voting members."
Section 2-2.905. Review and hearing process.
Section 2-2.905(a) is hereby amended to read as
follows:
"(a) Upon the filing with the secretary of a written
petition concerning a proposed or actual increase
in rent filed by either an owner or by residents
who reside in and represent more than fifty
percent (508) of the inhabited spaces, excluding
management -occupied spaces, within a park at such
time that the petition is filed, a hearing thereon
by the Committee shall be scheduled. Any such
hearing shall be held no later than thirty (30)
working days after receipt of the petition by the
secretary, and the secretary shall provide, no
less than ten (10) calendar days prior to such
hearing, the petitioner, respondent and all other
interested parties requesting same in writing,
with a written notice of the date and time set for
such hearing."
Section 2-2.905(c) is hereby amended to read as
follows:
"(c) Any hearing under this Article shall be governed
by the procedures provided in Chapter 6 of Title
of this Code. At such hearing any testimony,
documentation, written declaration or other
evidence relevant to the subject matter of the
hearing may be introduced and be considered."
Section 2-2.905(d) is hereby amended to read as
follows:
"(d) No later than ten (10) working days following
conclusion of receipt of testimony and evidence,
the Committee shall make its decision upon the
petition and forthwith forward its findings and
recommendations to the City Council."
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335
Section 2-2.905(g) is hereby amended to read as
fo lows:
"(g) In evaluating the rent increase proposed or
effected by the mobile home park owner, the
Committee and Council shall consider all relevant
factors and shall approve those rent increases
found to be fair, just and reasonable. Such
relevant factors shall include, but are not
limited to, increased or decreased costs to the
mobile home park owner attributable to utility
rates, property taxes, insurance, advertising,
governmental assessments, cost of living increases
attributable to incidental services, normal repair
and maintenance, capital improvements, and the
upgrading and addition of amenities or services,
as well as a fair rate of return on investments
and increased property values."
5. Section 2-2.906. Sales of parks and mobile homes:
Notices.
Section 2-2.906 is hereby deleted.
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 at the duly designated
posting places within the City of San Juan Capistrano within
fifteen (15) days after its passage.
PASSED, APPROVED AND ADOPTED this 3rd day of
it 1984 , by the following vote, to wit:
AYES: Councilmen Friess, Hausdorfer, Buchheim,
Schwartze and Mayor Bland
NOES: None
ABSENT: None
ATTEST:
CITY CLE
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337
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
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. 507 , which was
introduced at a meeting of the City Council of the City of San
Juan Capistrano, California, held on March 20 , 1984, and
adopted at a meeting held on Apri1 3 , 1984
(SEAL)/ -
MARY AN ANOV R, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
MARY ANN HANOVER, being first duly sworn, deposes
and says:
That she is the duly appointed and qualified City Clerk
of the City of San Juan Capistrano;
That in compliance with State laws of the State of
California and in further compliance with City Resolution
No. 83-12-20-3 and on the 10th day of April , 1984 ,
she caused to be posted:
ORDINANCE NO. 507
being: MOBILE HOME PARK REVIEW COMMITTEE
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING TITLE 2, CHAPTER 2,
ARTICLE 9 OF THE SAN JUAN CAPISTRANO MUNICIPAL
CODE - MOBILE HOME PARK REVIEW COMMITTEE
in three (3) public places in the City of San Juan Capistrano,
to wit: City Hall; Old Fire Station Recreation Complex; Orange
County Public Library.
CHECK LIST
ORD. NO..V7 RES. NO............
.........ayor has signed
........ Clerk has signed
_-'? City Seal stamped
.......... All blanks typed in
..Absent.. ...........
"Noes" ......-....7-� .. ..<...
-t7..'...�,1::%.S.farn
...............
....... in Official Record Book
.............. Posted to Classified Card
._....... — Copies sent to...
J.1/c-' Legal Publication ordered to be published
(date) ............. _..---- -_ ...................--.._._..----
No. Affidavits _...- ------------------- ....--- ------- --------
No. Printed copies required
Remarks _ 4
�/sY........................ G I- -----
MARY ANN/�PANOVER, CITY CLERK
San Juatf'Capistrano, California