Ordinance Number 526ORDINANCE NO. 526
MOBILE HOME PARK RENT INCREASES
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING SECTIONS 2-2.903(c) AND
2-2.905 OF THE MUNICIPAL CODE BY PROVIDING FOR A
HEARING OFFICER PROCEDURE IN REVIEW OF MOBILE
HOME PARK RENT INCREASES
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
HEREBY ORDAIN AS FOLLOWS:
SECTION 1.
Subsection (c) of Section 2-2.903, entitled "Mobile
Home Park Review Committee: Created: Members: Duties," of Title
2, Chapter 2, of the San Juan Capistrano Municipal Code is hereby
amended to read as follows:
"Section 2-2.903(c).
"(c) Duties. The Mobile Home Park Review Committee
shall undertake and have the following duties,
responsibilities, and functions, together with the
powers incidental thereto:
"(1) To investigate, hold hearings, 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 receiving Hearing Officer
findings relating to the propriety of rent
increases brought into issue by the filing of
a petition by residents of or an owner of an
mobile home park; to conduct a review of
Hearing Officer findings for the purpose of
making its own recommendation regarding the
propriety of rent increases to the City
Council; and,
"(3) To undertake such other duties as may be
assigned by the City Council from time to
time."
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Section 2-2.905 entitled "Review and Hearing Process",
of Title 2, Chapter 2, is hereby amended to read as follows:
"Section 2-2.905. Petition and Hearing Process
Reaardinq Rent Increases.
"(a) Petition and Hearing Procedure. 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 50% of the inhabitated spaces
within a park, excluding management space, at such
time that the petition is filed, a hearing thereon
shall be conducted by a Hearing Officer as soon as
possible, but not later than 60 calendar days
after the filing of the petition.
"The Hearing Officer shall be chosen and a hearing
conducted in accordance with the Hearing Officer
Procedure established by City Council resolution.
"(b) Purpose of the Hearing. At the hearing on such
petition, the Hearing Officer shall conduct an
investigation to determine if the rent increase in
question exceeds the maximum allowable increase as
defined in Section 2-2.902(d) of this Article. If
the Hearing Officer concludes that the rent
increase exceeds the maximum allowable increase,
the Hearing Officer shall then continue the
hearing by receiving all relevant evidence for the
purpose of rendering findings and conclusions as
to the propriety of the rent increase in
accordance with the criteria set forth in
Subsection (g) of this Section.
"(c) Hearing Officer Recommendations. Within thirty
(30) days of concluding the hearing, the Hearing
Officer shall render written findings and
conclusions as to the propriety of the rent
increase to the Committee. The Hearing Officer
recommendation shall not be binding.
- "(d) Committee Review of the Hearing Officer Findings.
The Committee shall review the findings and
conclusions of the Hearing Officer at its next
available meeting. Its scope of review shall be
limited to the written record consisting of the
evidence received by the Hearing Officer, written
argument of the parties, findings of the Hearing
Officer, other relevant matters as compiled by
Committee's Secretary, and additional oral or
written arguments the parties may wish to make.
However, the Committee shall not receive or
consider any additional evidence.
"The Committee shall give ten (10) days prior
written notice of its meeting to the "parties.
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"(e) City Council Review. The City Council shall
review the findings of the Hearing Officer and the
recommendations of the Committee as soon as
reasonably practicable. The Council shall not
reopen the hearing held by the Hearing Officer for
the purpose of receiving new evidence unless in
the Council's discretion is necessary to do so.
"The City Council may affirm, modify, or reverse
the rent increase in question, but in no case
require a reduction lower than the maximum
allowable increase.
"The City Council shall render written findings in
support of its conclusions within thirty (30) days
of its meeting and the decision of the Council
shall be final.
"(f) Return of Excess Rent Collected. Any rent
increase which is collected by an owner pursuant
to an increase which is the subject of the
petition for hearing, which later is determined by
the Council to exceed the maximum allowable
increase or such greater increase as the Council
approves, shall be either returned to the
residents or credited to future space rents;
provided however, that no increase collected prior
to December 5, 1980, shall be returned.
"(g) Criteria to be Utilized in Review of Rent
Increase. In evaluating the rent increase
proposed or effected by the mobile home park
owner, the Hearing Officer, the Committee, and the
Council shall consider all relevant factors,
including, but 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 for services,
as well as a fair rate of return on investments
and increased property values."
SECTION 2. Effective Date.
This Ordinance shall take effect and be in force thirty
(30) days after its passage.
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439 SECTION 3. City Clerk's Certification.
The City Clerk shall certify to the adoption of this
Ordinance and cause the same to be published once as required by
law and 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 4th day of
December 1984 , by the following vote, to wit:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
i
•Y Ty HAUSDORFER,MAYOR
ATTEST:
CITY CLER
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. 526 , which was
introduced at a meeting of the City Council of the City of San
Juan Capistrano, California, held on November 6 , 1984 , and
adopted at a meeting held on December 4 1 1984 .
(SEAL) �l�/ n�
MARY ANN PNOVER, CITY CLERK
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STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO ) AND PUBLISHING
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, ORDINANCE NO. 526, being:
MOBILE HOME PARK RENT INCREASES
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING SECTIONS 2-2.903(c) AND
2-2.905 OF THE MUNICIPAL CODE BY PROVIDING FOR A
HEARING OFFICER PROCEDURE IN REVIEW OF MOBILE
HOME PARK RENT INCREASES
was published in the Capistrano Valley News newspaper on
December 13 , 1984, and in further compliance with City
Resolution No. 83-12-20-3, onDecember 6. 1984 , she caused
said Ordinance to be posted 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.
MARY ANN NOVER, CITY CLERK
San Juan Capistrano, California
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UtIrIUN 11I31
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