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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. -1- "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. -2- "(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. -3- MIL "(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. -4- "(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 -5- "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