Ordinance Number 902ORDINANCE NO. 902
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING MUNICIPAL CODE SUBSECTION 2-2.903(a)
OF ARTICLE 9, "MOBILE HOME RENT CONTROL", OF THE SAN JUAN
CAPISTRANO MUNICIPAL CODE
The City Council of the City of San Juan Capistrano hereby ordains as follows:
Section 1. Code Amendment.
Municipal Code subsection 2-2.903(a) of section 2-2.903, "Petition and Hearing
Process Regarding Rent Increase" is hereby amended in its entirety to Read as follows:
"(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 an
owner or by residents who reside in and represent more than fifty (50)
percent of the inhabited spaces within a park, excluding management, a
hearing thereon shall be conducted by a Hearing Officer within sixty (60)
calendar days, or as soon thereafter as is reasonably practicable, after the
filing of the petition.
In the event that the park owner has proposed a rent increase for one or
more residents (e.g., based upon one year anniversary dates) but less
than the total number of residents in the park, then only one hearing
process shall be conducted by the same hearing officer where the rent
increases proposed for all residents in the park for that year is based upon
the same factual justification. Any such rent increase shall be subject to a
protest petition when filed by a majority of total park residents. The filing of
one petition protest shall be sufficient to place all similar rent increases for
that year at issue under the hearing review process.
The hearing shall be conducted only in the event the petition is filed with
the secretary thirty (30) calendar days following the effective date of the
rent increase which is the subject of the petition.
The Hearing Officer shall be chosen and a hearing conducted in
accordance with the Hearing Officer procedure established by the
Council."
Section 2. Application.
The code amendment set forth in Section 1 is declaratory of the Council's intent
that Municipal Code section 2-2.903(a) has meant and does require one rent review
hearing for multiple rent increases proposed for groups of park residents wherein the
rent increase is the same for all and based upon the same factual justification for all.
03-01-2009
Accordingly, this code amendment applies to any rent increase proposed by any park --
owner after January 1, 2004.
Section 3. City Clerk's Certification.
The City Clerk shall certify to the adoption of this Ordinance and cause the
same to be posted at the duly designated posting places within the City and published
once within fifteen (15) days after passage and adoption as required by law.
PASSED, APPROVED AND ADOPTED this 1St day of March 2005.
WYAjt HART, MAYOR
ATTEST:
R. MONAHAN,
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano,
do hereby certify that the foregoing is a true and correct copy of Ordinance No. 902
which was regularly introduced and placed upon its first reading at the Regular Meeting
of the City Council on the 15th day of February 2005 and that thereafter, said Ordinance
was duly adopted and passed at the Regular Meeting of the City Council on the 1St day
of March 2005 by the following vote, to wit:
AYES: COUNCIL MEMBERS: Allevato, Bathgate, Soto, Swerdlin, and Mayor Hart
NOES COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
03-01-2005