HomeMy WebLinkAboutPRR 2024-07-25 Mobile Home Park Rent Stabilization Code EnforcementAddress
Zoning/Occup
Lr.. Desc.
Case #/Names
Complaints
274 HIGUERA
C.R. MATTHEW'S TRAILER LODGE
CY SLO HARF ADD BL 147 LTS 1 & 2 & PTN LT 3
Use Permit Violation
Gase Information
Comments
Closed-violations Correctet
Owner when GLEN-DEL POSADAS CORP
Casewas 3825 VALLEy BLVDinitiated WALNUT, CA 91789
lnspector CCOCINA
District 1
Received 312812012 Closed
ATr,+ctlr0
I o LT KENTaL As(.EHtrt
I cog*rNY KENTAu Ar;Etr.tnerT
?o,to 4,01,,87
Comments Trailer park converting spaces to daily R.V. rentals.
Next Action I nformation
Established 812312012 Next Action 1011712012
Case Activity
8116t2013 CC
8t16t2013 CC Open-site Visit, lnspection Z?4 /sr?€Ptr
12t6t2012 BR Open-mail SenU Received
1111312012 SPK to prop owner Opentelephone Message SenVrecvd
911912012 SPK to prop owner Open{elephone Message SenUrecvd
911912012 Property/Business Owner called and Opentelephone Message SenUrecvd
LM
911212012 Notice of code violation Open-written Notice Sent
812812012 lnvestigation Report Open-investigation Report
712512012 Updated RP Update Reporting Party
612912012 Received emailfrom RP, replied w/ Open-mail SenU Received
emailand update.
51212012 Notice of code violation Open-written Notice Sent
41912012 lnvestigationReport Open-investigation Report
4t9t2012 GC (#)
Health Care Consulting
President/CEO
Open-referred To Buildi ng For lnspection
MANAGED SYSTEMS HEALTH CARE COMPANIES
Dan Girling
(7 14) 7 57 -9443
managesystems@yahoo.com
\
\
i
CHAPTER 2.5 oF THE CALIFORNIA CIVIL coDE
ARTlcl-E 1 - GENERAL
798 TITLE AND APPLICATION
This chapter shall be known and may be cited as lrrg_.uobilehome
Residency Law'"
(Amended by Stats. 1992, Chap' 95S (SB 1655' Craven)' efl'9128119921
798.1 APPLICATION OF DEFINITIONS
construction of this tn"oliJ;"oed
by stars. 1ez8, chap. 1031 (sB 211e, Miils), err. 1/1/1e7e)
798.2 DEFINITION OF MANAGEMENT
798.3 DEFINITION OF MOBILEHOME
(a) ,,Mobilehome,'iS a structure designed fo.rhullan habitation and for being moved on a
street or nlgnway uno", p"*it p"ursualt to Section 35790'of the Vehicle Code'
Mobirehome incrudes a malqlactuiJ no*", as defined in section 18007 of the Health
and Safety Code, and a monilenome, as defined in Section 18008 of the Health and
Safety Code, but, except u, pr.ou-io"o in subdivision (b), does not include a recreational
vehicre, as defined in section z6izg ot fr19 code anb bection 18010 of the Health and
Safety Code oi. "ottercial "o"Ch-u.
O"tin"O in:section:t SOO1 '8 of the Health and
:
Safety Code. , ,3, also includes(b) ,,Mobilehome," for purposes of this chapter, other than section 798'7
trailers and other recreational vehicles'of all types defined in section 18010 of the Health
and safety,code, other than moto.hur"", trubt< campers, and camping trailers, which are
used for human habitation it tfre occulancy criteria of'either paragraph (1) or (2)' as
follows, are met: . :-- ^ -^r^ir^r^ama(1) The trailer or other recreational vehicle occupies a mobilehome site in the park' on
1
\{egiing wi!} Greg Cruce, Code Enforcement Officer for City, re: Mathews MI{P
.'March 28, 20
It becape apparent when Tribunephoto showed Dan Girling, Mdthews Trailer Lodge
manager, appeared on Fe-b.--4' The description indicated ...expanding vacation rentals
by buying out old units (several mobilehomes).
1. Does this mean a violation of the City Mobile Home Park Conversion ordinance
(Chapter 5.45)?
a. Page 1, 5.45.010 Authority and shorttitle
b. Page 3, 5.45.020 N "Mobile home park conversion means (1) the
conversion of a mobile home park or arytpart thereofto anotheruse, ... (3)
the cessation ofuse of land as a mobile home park.
c. Pages 3-7, 5.45.030 - 5.45.070 show the steps that must be followed in
applying for park conversion: Pre-conversion questionnaire, Conversion
impact report, Public hearing, Relocation specialist, plus detailed protections
for MHP residents' relocation.
2. Are City codes res*i4 in violation? Zonng? RV park restrictions within
City limits?
-To my knowledge, there are no RV parks (RVs only) within city limits.
--Parks that have an RV section were designed that way, not "converted."
--There is different HCD licensing for RV vs Mobilehome parks
--I worked with Kim Murry when she was working on the 5-year update ofthe
Housing Element a few years ago. I wanted a separate mobilehome zoning
category. Zonngoverlay instead (less invasive). Housing Element program
8.24: "...consider addition of an overlay zone to existing and future
mobilehome park and trailer park sites...." [Kim's e-mail, 3120112, shows
where mobilehome park zoning overlay stands in the list to-do.]
--There is a ban on drive-thry restaurants, yes? How about RV Parks??
--Effects of RVs on traffic, $&h usage, "nryl""it. Mathews has quite narrow
en$/exit access which would be difficult for larger units to maneuver. Slow
movers. Holds up fiaffic both in and out. :
Ramifications J /w"d*4" ,dn\
--Loss of affordable housing. Housing Element policy 3.5.21pffid5thir areas)
discourages the removal of affordable housing....see entire wording. ..3.6.2,
3.15.2. (IIEAD)**
--RV parks are not subject to rent conbol, so ttre owner can charge whatever
He/she wants for spaces or rental units on spaces.
-By replacing mobilehome units in the Park with a different type of use, more
transitory, the nature of the park changes considerably
--Also, some 30 spaces (minus those already gone) have been lost to affordable
housing numbers in the City, with no means to replace them, no means to help
the displaced mobilehome owners,as required by the Housing Element. v eZa
Crr.Arr*tUl;*Ml
--A recent drive-thru showed that 6, possibly 7, mh spaces have been already
vacated.
I'm thinking that the park owner has no idea about the requirements of the
conversion ordinance.
---Mathews is the first park to apparently attempt any type of conversion within
an established mobilehome park since the conversion ordinance was put in
place in 2009.
Completing the conversion requirements gives the Planning Commission and
City Council time to decide whether they want RV spaces to replace
affordable housing, excessive traffic, etc. to replace permanent housing.
--The Park owner would be setting aprecedent of not following the guidelines
and requirements ofthe Ordinance and/or City Codes.
Identity of park owner? Name....absentee owner?
3
T
** Housing Element Policy 3.5.2 discourages the removal of affordable housing unless it achieves
general plan objectives and provides for replacement housing that is affordable or corrects uusafe or
blighted conditions.
In addition, Housing Element Policy 3.6.2 indicates the City will require a developer to assist displaced
residents to find affordable housing when affordable housing is removed, and
Housing Element Policy 3.15.2 encourages the preservation of manufactured housing parks and
authorizes City support of changes intenure only if changes provide specified benefits to park residents.
Frcmi "Cruce, Greg" <gcruce@slocity.org>
To:'
Senu rhr@#!rf2EEe:14 PM
Subjectr Matthews Mobile Home Park
Hello
I wanted to send you a quick emailto update you on the progress at 247 Higuera, Matthews Mobile
Home Park I have sent a Notie to Gonect to the property owner reguiring them to @ase the use of
any spa@ in the park as a temporary RV rentalspot. They currently have approximately 4 vacant spot,
which they intended to rent on a daily basis.
I have given them until January 1,2013 to occupy all spaoes on a permanent basis. Sine the new
manager has been putting a lot of effort into upgrading the park, Andrea feltwe should give them ample
time to refill allthe spaces. I will be out of the office 5l+514, and will call you the week I get back.
Sorry this took longerthan expected.
Thank you,
Greg Cruce
Gode Enforcement Officer
Gity of San Luis Obispo
Phone: (805) 781-7588
Fax (805) 781-7182
gCruce@slocitv.orq
From i >
To: "Cruce,
Sent:16;16 AM
Subject:Re:Mobih Home Park
HiGreg....
I just retumed last night (a@ fom a &week absence from home,and received your megqage below
Thank you very much for taking care of Mathew's manage/s misguided plans for his Park.
One question / clarification: Just for my peace of mind, you state that you are giving adequate time
to "...occupy all spaces on a permanent basis." Does the new manager (owner?):kno$tthat he needs
to "...refill alt the spa@s" with mobiles hmes, not RVs. lf permanent RVs are acceptable, that means
that affordable housing will be lost as RVs are nt protected by rent control.
Again, Greg, thanks much'for your help with them matter,
Frcm: "Cruc€, Greg" <gcruce@sloqity.org>
To: "
Sent:Thr@9:14PM
Subjectr Matthews Mobile Home Park
Hello
lwanted to send you a quick emailto update you on the progress at 247 Higuera, Matthews Mobile
t-lome Park. I have sent a Notice to Gonect to the property owner requiring them to cease the use of
any space in the park as a temporary RV rentalspot. They cunently have approximately 4 vacant spot,
which they intended to rent on a daily basis.
I have given them until January 1,2013 to occupy all spaces on a permanent basis. Since the new
manager has been pufting a lot of efiort into upgrading the park, Andrea feltwe should give them ample
time to refill all:the spaces. I will be out of the office 5l+514, and will call you the week I $et back.
Sorry this took longerthan expected.
Thank you,
Greg Cruce
Code Enfurcement Officer
City of San Luis Obispo
Phone: (805)781'7588 ,
Fax (805) 781-7182
gcruce@slocitv.grq
Fromr
To: "Cruce,
Sent:;16:16 AM
Subject Re:Mobile Home llark
Hi Greg....
ljust retumed last night (4/6) from a &week absence from home and received yourme€sage below.
Thank you very much for taking carc of Mathe$s managefs misguided plans for his Ferk
One question / clarification: Just for my peace of mind, you state that you are giving adequate time
to "...occupy all spaces on a permanent basis." Does the new manager (owner?) know that he needs
to "...refllallthe spa@s" with mobiles hmes, not RVs. lf permanent RVs are acceptable, that means
that affordable housing will be lost as RVs are nt protected by rent control.
Again, Greg, thanks much'foryour help with them matter.
Floml
29,?:OLZ 9:53 AM
To: Cruce, Greg
S,rUi*t= Re: Matthews Mobile Home Park
Hi Greg--
I'm finally getting.backto the Ma$heyq MHPark situation' My life got complicated with a heart
;;#ffi;;hicnThope is now sotved via a new pacemaker.....
wourd you have a minute to upd{q anything post-May 7?? Have y-ou checked progress in the Park on
ifi" gr'""02 I trave'notGenbOi" to d'rive thiough to see for myself'
Thanks, Greg
Page I of2
From:
to:
Sent:
Subiect:
Hello
"Cruce, Greg" <gcruce@slocity'org>
"'
Sunday"fuly 01,:2O12 9:09 AM
RE: MattliewsMobile Home Park
It,s good to hear from you, and I hope everything is going well now with your health. I did drive by and checl<
out Matthews MH park a little over a week ago to see how things were going. The park manager has ceased
daily space rentals, but is now advertising for monthly space rentals.
Renting spaces for month long periods also seems to also violate the Municipal code, and I will be following up
with the park owner on this. Due to the fact the current manager and park owner have been doing a nice job
rehabbing the park, which did need a lot of attention, we gave them until the first of the year to get back into
compliance.
I will be on vacation all next week, visiting family. I return to the office on July 9, and will be in touch with you
sometime during that week. Thanks for checking in and have a wonderful holiday.
Thank you,
Greg Gruce
Code Enforcement Officer
City of San Luis ObisPo
Phone: {805) 781-7588
Fax: (805) 781-7182
ocruce(Oslocitv.orq
Page I of 1
To:
Sent:
Subiect:
Flom: "Cruce, Greg" <gcruce@slocity-org>
"'
9:46 AM
RE:
Good morningJoan,
I have some similar pictures. Fortunately, Matthew's inability to follow the rules has not changed our January 1,
2013 deadline to comply. Andrea is back in the office this week, and I have a meeting scheduled with her
tomorrow to discuss some code enforcement cases. I will ask Andrea to contact you when she has a chance
regarding the problems in your park. The interim Attorney's had an alternating schedule arrd a l6t on their plate
while Andrea was av\ray, so I thought it would be best to rvait until she got back to contact you.
Thank you,
Greg Gruce
Code Enforcement Officer
City of San Luis Obispo
Phone: (805) 781-7588
Fax: {805) 781-718,2
QQIugg@slociiv.orq
Fromr
Sent:12 8:20 AM
To: Cruce, Greg
Subjecft Fw: Photos and more
Good moming, Greg.....
Here are 7 photos taken last Wednesday that indicate that even more RVs are installed and being used at
Matthews. What gives?
This moming I will drop offtwo Internet documents that show the park in 1989...a11 mobile homes....and
the fact that HCD has issued Matthews a permit for mobile homes only. Any word from the attomey??
Thanks much for your pursuit of legality at Matthews.....
-*- Forwarded Message --
Flom:
To:
Sent:2012 8:12:56 AM
Subject:more
Here are 7 phtos take,n at Matthews last week:
--- Forwaded Message.--
From:
Senh Wed, August 29,20L25:42:O7 Pl{
Subjectr Photos and rnorc
8t212013
Pagel of 2
From:
To:
Sent:
Subiect:
"Cruce, Greg" <gcruce@slocity.org>
"'
RE:
The City originally gave the property owner until 1/U13 to bring the property back into compliance. The
property owner owns alt the trailers that have been removed, which were in a verv dilapidated state fl verifierj
one trailer with holes in the floors and many oiher problems). Thei'e have been no residents displaced through
the removal of any units. Theanly evictions were due to cirug dealing activity.
The future rent will nebd to be approved by the City Attorney, which will be consistent with the rent at the time
of the ccde enforcement initiation. The Buildine Official will be taking care of anv issues that come up with this
case w-hile away until 11/fi/12.
Thank you,
Sreg Gruee
Code Enforcement Officer
City of San Luis Obispo
Phone: (805) 781-7588
F;;'i;oil ;bi 7rci)1 r to
gcruce@slocitv.grg
PM
Flom:
Senh Thursday,{Sgplgnb.ej?9 .'?:OLZ 10:12 PM
To: Crue, Grcg
Cc: Marie Pounders
SubiecB Re: ProperW lines
HiGreg....
Thanks for trying to help with the issue in Laguna Lake Mobile Estates. lnteresting enough (actually think this is
funny, though very unhelpful), the CiW planners have our park in the County and therefore do not have a plot
map with space lot lines, and the CounW planners have us in the City and therefore do not have a plot map. I
know we are in the city---we must have been annexed at some point after the park was established as a County
park. Anyway, neither the CiW nor the County is recognizing us.
Question: Why are the iented RVs in Matthews still there, months after they were first contacted by your
office, when they are clearly in violation of the code? lt seems that they should have been out of there last
spring. I know that the Park has until January I2Ot3 to replace the mobilehomes that disappeared in favor of
the RVq but allthe time the RVs have remained in place there (with Park owners recording income illegallyl
should have been used replacingthe mobilehomes they kicked out and getting new residents in place.
Another question: When the mobilehomes are finally replaced and occupied by new owners,.what will the
space rent be? ls the owner going to be allowed to set rent levels as high as he/she wants, as much as what
some owners call fair market rent (SltfiFS1500 per month)? Shouldn't the rent be as close as possible to
what they were for the units that were removed? This park is under the City's rent stabilization ordinance and
is considered to be low income housing.
8t2t20r3
Page2 of?
will someone else be watching and moving on the Matthew situation while you are gone, or will it wait until you
get back in late October?
I do wish you the best during this exciting time with your family
You will be in my thoughts.
Sincerely,
From : "Cruce, Greg" < gc-r-U!e-@igtity.o!9>
To:
Sent::32:57 PM
Subject:
Hello
I have checked around here atthe City and found nothing that shows individual property lines- our computer
svstem shows the entire park as one parcel. lt may have been the park management that established the
propefi lines. Sorry I was not more help on this.
Just an update on Matthews at274 S. Higuera, I spoke to
meeting sometime next month to discussthe issues. The
the property owner this week and we will be having a
owner is sending me a written meeting request, once I
receive that we willschedule a meeting.
Just so you know,
child. lf you have
fll be out of the office g./246&tming in for some meetings) for the arival of my second
any questions during ttrat time, please send me an email, I'll be checking my email periodically
and do my best to get back to You.
Thank you,
Greg Cruce
Code Enforcement Officer
CiW of San luis Obispo
Phone: (805) 781-7588
Fax{ (8051 78L-7t82
gclu,cq@_ll9ggv€tg
8/A2At3
Page I of1
i
To:
Gc:
Sent:
Subject:
From: "
<avisvesh@slocity. org>
1PM
as such
September 5,2013
Good morning, Andrea....
you will remember that I have spoken to you several times regmding the flagrant violation of City Code at
Matthew,s mobilehome park atz74Higuera" within the City of SLO. Marie Pounders and I have been
investigating the violation since early 2012-
The owner of Matthew's has a bona fide permit to operate a mobile home park only at this site. There
were 30 spaces for mobile homes at the outset, but the owner has been changing the usage, bit by bit, to a
rental RVparlq which is against City Code. Since emly May of 20lZ,Ihadworked with Greg Cruce, a
Code Enforcement Officerin the City of SLO. My last contact with Greg was Sept. 21,2012, when he was
going on vacation. After he was due back in the office in early October 2012,I leamed that he had left his
position----occasional attempts to contact a replacement have been futile.
The last I knew, the ov,mer of Matthew's had received a leter from Greg, copied to you, I am sure. I did
not get a copy of this letter. Greg evidently told the owner to cease and desist with the RVs, replace the
mobile homes he had taken out (f don't know what happened to the mobilehome residents...low income
housing lost), and he had to complete those insnuctions by January 1,2013. That obviously has not
happened. At tnis point, it appears that only a few mobile homes remain (I have recent photos). Ihe park
is aimost all short-tirm rental RVs. I must admit that I have dropped the ball since the first of this year
(complications on my part, including health issues).
This morning I went to the Housing offrce to request an update on this file. I was told that the file had been
closed; the clerk did not know if it was deep-sixed or buried. I was advised to complete another "Request
for Field Investigation" along with a sunmary of alleged violations. There was no one on site I could talk
to today--or tomorrow as well (Fridays are either required days off, or the officers I need to catch would be
in the field). Yet another delay.
IF your office does not have an official request on file from Matthew,s owner to convert the park to
something that is not allowed in the City, I would request your thoughts from your position as oversight
attorney in this issue. Until I hear fiom you, I will hold offsubmitting the paperwork again, including the
rather sketchy information I have printed viae-mails from Greg beginning in May 2012and ending in
September of20l2. I do have photos that show the progress into the conversion of Matthew's mobilehome
parkto an RV park.
Thank you for your assistance in this effort.
Hope all is well with you and your family, Andrea!
Best wishes,
9/sl20t3
PROOF OF SERVICE BY MAIL
I am employed in the County of San Luis Obispo, Califomia; I am over the age of 18 years
and not a party to the within action. My business address is 919 Palm Street, San Luis
Obispo, California.
On September 12r 2012, following ordinary business practices, I placed for collection and
mailing atmy business address the original of the following documents:
l. Notice of Violation
2. InvestigationReport
3. Photo
4. Municipal Code Sections
5. Previous Correspondences
6. Administrative Citation Brochure
in a sealed envelope issued via Certified US Mail (7010 2780 0002 0200 0876) and a copy
issued without enclosures addressed as follows:
Glen-Del Posadas Corp
3825 Valley Blvd.
Walnut, CA 91789
I am readily familiar with this business's practice for collection and processing of
correspondence for mailing. On the same day that correspondence is placed for collection
and mailing, it is deposited in the ordinary course of business with the United States Postal
Service in a sealed envelope with postage fully prepaid.
I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct, and that this declaration was executed on September 12r 2012, at San
Luis Obispo, Califomia.
Signature
(Ben )
H6re
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lllJ Retum Recolpt F66
(lEndorsement Bequlrsd)
lkestrtcted Dettve. F""
Bndorsement Reqilred;
Postmar.k
U.S. Postal Service,,
CERTIFIED MAIL,' RECEIPT
(Domestic Mail Only; No lnsurance Coverage Provided)
#ffitr$*$&L
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For delivery information visit our website at www.usps.como
or PO Box No.
PS Form 3800, August 2006 See Reverse lor lnstructions
Total Postage & F€es
ryru ctf,y o[ san luls ontspo
Building & Safety Division . 919 Palm Street . San Luis Obispo, CA 9340'l-3218 . (805) 781-7180
September 12,2012
GLEN-DEL POSADAS CORP
3825 VALLEY BLVD
WALNUT , CA 91789
SUBJECT: Code Violation(s) at274 HIGUERA, San Luis Obispo, CA
Dear Property Owner:
On May 2,2012, City of San Luis Obispo Community Development Department sent you a
Notice to Correct Code Violations letter informing you that renting spaces approved for Mobile
Homes on a temporary basis violated provisions of the San Luis Obispo Municipal Code.
Enclosed with the Notice was section 5.45 of the Municipal Code,
Matthews Mobile Home Park was included in City Ordinance 1117, which was approved 1988,
establishing rent stabilization for mobile home parks within the City of San Luis Obispo. Later
in2009, Ordinance 1533 was approved. This ordinance was adopted to regulate the conversions
of Mobile Home Parks. Should a property owner of a mobile home park choose to convert the
park to another use; the process identified in the ordinance must be followed.
A mobile home is defined by the Mobilehome Residency Law. The Mobilehome Residency
Law defines a "Mobilehome" as: a structure designed for human habitation and for being moved
on a street or highway to 35 of the
Mobilehomes include a manufactured home, as defined in Section 18007 of the Health and
Safety Code, but, except as provided in subdivision (b), does not include a recreational vehicle,
as defined in Section 799 .29 of this code and Section I 80 1 0 of the Health and Safety Code or a
commercial coach as defined in Section 18001.8 of the Health and Safety Code.
Currently, there is a sign advertising R.V. spaces to rent by the month. Renting spaces by the
month to Recreational Vehicles is a violation of San Luis Obispo Municipal Code 5.45.
Please be aware that the situation described above appears to violate San Luis Obispo Municipal
Code Sections:
o San Luis Obispo Municipal Code 5.45: Mobile Home Park Conversion
o San Luis Obispo Municipal Code 17.22.010 Allowed Uses
The May 2,2012, Notice to Correct Code Violations requested you to immediately cease the
temporary rental of spaces and restore all vacant spaces with permanent dwellings no later than
January 1. 2013. You must restore occupancy to all spaces with permanent mobile homes
defined by the Mobilehome Residency Law. Please submit all rental agreements to the City
2T4Higuera
Page2
Community Development Department. These agreements should be for a period of time no less
than twelve (12) months. Failure to comply by the above-stated date will result in further
enforcement action including, but not limited to, a Cify-mandated $323.00 Code
Enforcement action fee.
Listed below are the types of enforcement measures that we may take:
1) Issue an Administrative Citation: If you fail to voluntarily comply, all persons with interest
in the property will be subject to a daily fine starting at $100.00 and increasing to $500.00 for
each violation. (See enclosure).
2) Seek an Injunction: The City of San Luis Obispo may seek a court order which will require
interested parties to comply with City laws, be liable for civil penalties of $250.00 per day and
pay all costs including attorney fees to ensure the public nuisance is abated.
3) File a Criminal Complaint: Each violation constitutes a misdemeanor and carries a maximum
penalty of six (6) months in jail and a $1,000.00 fine for each day the violation exists.
If you have questions for me, or would like to set up an appointment, please call me at (805)
781-7588. If I am not available, please contact Tim Girvin, Chief Building Official at (805)
781-7159.
Sincerely
Greg
Code Enforcement Offi cer
cc: File, Front Counter Code Enforcement Binder.
Enclosures: Previous Correspondences, Mobile Home Park Conversion (SLO MC 5.45)
Mobile Home Residency Law, SLO MC 17.22, Health and Safety Code 18010, Inspection
Report, Photo, Administrative Citation Brochure
City of San Luis Obispo
Investigation Report
By: Greg C*""(,
Subject: 27 4 HIGUERA /complaint
Date:812812012
"The violations listed herein are those that were observed at the time of this inspection and do
not include violations which may have been overlooked, concealed, or which become evident
when work is begun."
Result: Visited site 812812012, and observed a sign advertising ooR.V. Spaces Month to Month"
at the driveway entrance.
Notes:
-)
274 Higuera
8/28/2OL2
lnspector: GC
Sign advertising R.V. spaces for rent.
)
'')
Community Development Department, Building & Safety Division
919 Palm Street, San Luis Obispo, CA 93401, Ph. (S05)7S1-7180, Fax (805) 781-7109
Website: http://www.slocity.org/commu nitydevelopment/
September 25,2013
William G. Wilson
Glen-Del Posadas Corporation
3825 Valley Blvd. #9
Walnut, CA 91789
SUBJECT ADDRESS:274Higuera, San Luis Obispo, CA 93401 APN: 003-71 I-024
Dear Mr. Wilson,
I apologize for the long lapse in response to your letter dated December 3,2012. The case remained
dormant and has just bienrecently reviewed by Code Enforcement. As you may recall, the city has
received a compllint alleging that you are illegally converting the mobilehome park by filling the
spaces with RV's short-term rentals.
We appreciate the swift action you took in ceasing renting spaces for less than 30 days and accordingly
coming into compliance with the City's ordinance regarding vacation rentals.
As previously outlined in the dated September 12,2012, a mobile home is defined by the Mobilehome
Residency Law sectionlgS.3aas "a structure designed for human habitation and for being moved on a
street o. high*uy under permit pursuant to Section 35790 of the vehicle code. Mobilehomes include a
manufactured home, as definedln Section 18007 of the Health and Safety code, but, except as provided
in subdivision (b), does not include a recreational vehicleo as defined in Section 799.29 of this code
and Section 18010 of the Health and Safety code or a commercial coach as defined in Section
18001.8 of the Health and Safety Code."
Section 798.3b of the Mobilehome Residency Law states:
,,Mobilehome" for purposes of this chapter, other than Section 798.73, also includes trailers and other
recreational vehicles olall type defined in Section 18010 of the Health and Safety Code, other than
motor home, truck campers, and camping trailer, which are used for human habitation if the occupancy
criteria of either paragraph (1) or (2) as follows are met:
1) The trailer or other recreational vehicle occupies a mobilehome site in the park, on
November 15,lgg2,under a rental agreement with a term of one month or longer, and the
trailer or other recreational vehicle occupied a mobilehome site in the park prior to January 1,
1991.
'I
Page 2
2) The trailer or other recreational vehicle occupies a mobilehome site in the park for nine
or more continuous months commencing on or after November 1511992.
Thus, recreational vehicles may occupy space within mobilehome parks if the duration of stay is
intended to be nine months or more. In order to still be considered a mobile home park, either criterion
above must be met. Your letter indicates that the mobile home park has not changed its usage. After a
recent visit to the park, it is apparent that many, if not all of the previous empty spaces are now occupied
with recreational vehicles.
Therefore we are requesting copies of the rental agreements for the spaces currently occupied by RV's
in order to confirm that they comply with these requirements.
Your cooperation in this matter is greatly appreciated. If you have any questions, please contact me at
(80s) 781-7s88.
Sincerely,
Cassia Cocina
Code Enforcement Officer
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}l4ay 6,2014
VIA I"IRS"I CLASS ]VIAIL
William Ci. Wilsorr
Glen-Del Posadas Colporation
3825 Valley Roulevard #9
Walnut, CA 91789
SUBJECT ADDRESS: 274 l-{igLrera, SaIr Luis Obispo, CA 93401; APN: 003-711'024
Dear Mr, Wilson
I have levicrved your n')ost recent colrespondence dated Noventber 12,2013,tn
which you assert that youl rental of spaces to Recleational Vehicles does not constitute an
unlawtirl conversiou of the mobilehorne parl< to another use.
As you rnay know as a park owner, r'ent for the spaces must colnply rvith the Mobile
Park Rent Stabilization Act, pursuant to Chapter' 5.44 of the San Lr"ris Obispo iVlunicipal
Code. Althourgh Section 5,44,030(E) exempts lease terms that exceed one year, since the
Recleational Vehicles are leaseci 1l'orn rnonth to month, as stated within yor.rr
correspondence. arrd as eviclencecl by the leases you provicled, the anroltttt of retrt chargecl
rvould tall under the plovisinns of the Chapter 5.44, Specilicatly, Section 5.44.060(C) of the
Sarr I-uis Obispo Murricipal Ciocle plovicies:
I'he maximr-rm nrortthly space rent of a tenattt rnay be irrcreasecl by the
owner when there is a chatnge of ownership alfecting a Inobile home.
However, such increase shallnot exceecJ ten percent o1'the then existing
space rent and nray nol be reliecl upon alty lnore often than once in all)'
lhirty-six-rnonth period as the basis to increase rent.ln the event of'charrge
of ownership Lesultingfi'om subletting of the mobile home space as may
be allowed by state law, should such become state law, then upon any
such subletting the space rent nray be ir,creasecl r.rp to ten percent of the
then existing space lent. In the event of change o1'orvnet'ship resLrlting
florn vacation of the space. then the space rent may be acliusted to fair
malket rent in the comrnunity. Nothing in this paragraph shall prcclude an
acljlrstment as may otherwise be provided foL irr this chapter.
In addition, rent rnay only be increased as provided in Section 5,a4.060(E) of the San Lr-ris
Obispo Nlr"rnicipal Code. To ensure compliance rvith Chapter 5.44 of the San Luis Obispo
Code, please provicle the fbllowing matelials on ot'before June 6, 2014:
;
)
William G, Wilson
May 6, 2014
Leases iincl any atnendments or addendurns for all spaces occupiecl by a rccreational
vehicle in Malthews Mobilehonre Park from .Ianuary l, 2010 to the present
All notices regarding any increase, decrease or other adjustment in rent frrr spaces
occupied by a recreational vehicle in Matthews Mobilehome Park from January I,
2010 to the preserrt.
Records of clrarges arrd payments for each tbr space occupied by a recreational
vehicle in Matthervs Mobilehorre Parli tl'onr,lanuary 1.2010 the plesent.
l-hank yoLr tbr your anticipated cooperation in this matter. lf'yorl have any clue.stions
please contact the Clity Attorney's Office at (805) 181-'1140,
Si
Andrea Visveshivara
Assistant City Attorney
.Ioseph Lease . ChielBuilding Official
Cassia Cocina, Code Entorcenrent Officei
a
a
a
June 3, 2O14
Ms. Andrea Visveshwara
Assistant City AttotneY
City of San Luis ObisPo
990 Palm $treet
San Luis Obispo, CA93401-3249
Subject Address: 274 Higuera, San Luis Obispo, CA 93401; APN: 003'71'l'O24
Dear Ms.'Visveshwara:
We have received your letter dated May 6,2a14 containing your discussion of the Mobile Fark
Rent Stabilization Act and your request for information proving our compliance with the relEvant
portion of the $an Luis Obispo Municipal Code.
We are aware of the requirements set forth in the Municipal Code and continue to operate in
compliance with the Code.
We have begun gathering the data requested in your letter. However, you have requested
multiple types of data for any of 30 spaces going back for a period of 4.5 years- This is an
extremely large set of data to collect. The response date of June 6 stated in your letter allows
less than Z0 business days for our response, which is insufficient time to comply with your
complex reguest.
we expeot to provide the data you have requested by August 6, 2014.
please note that we have already provided to the city some of the data you have requested' ln
our letter dated November 12,z}1gto Ms. Cassia Cocina in the Communi$ Development
Depa*ment, we provided rental agreements for the 1O units that were still classified as RVs at
that time due to their size and duration of stay. We also provided rental agreements for units
that had entered the park as RVs within the previous two years and had become mobilehomes
due to their duration of stay. We encourage you to review the information ure have previously
provided to the CitY.
lf you have any questions, please feel free to contact me.
Sincerely,
Glen-Del Posadas Corporation
3825 Valley Blvd., #9
Walnut, CA 91789
JUN - 9 2014
SLO CIW RNEY
ffi lJ dlJL,*.
President, Glen-Del Posadas Gorporation
fi
990 Palm Street, San Luis Obispo, CA 99401-9249
June LO, 2014
VIA FIRST CLASS MAIL
William G. Wilson
Glen-Del Posadas Corporation
3825 Valley Boulevard #9
Walnut, CA 91789
SUBJECT ADDRESS: 274 Higuera, San Luis Obispo, CA 93401: APN: 003-711"-024
Dear Mr. Wilson:
I am responding to your letter of June 3,2014, to Ms. Visveshwara, indicating that you could not
provide the documentation she req uested in her lette r of May 6, 2074, by June 6 as she req uested.
Ms. Visveshwara is no longer with the City of San Luis Obispo. I have taken her place and am
responsible for this matter.
After reviewing the file, it does not appear that the City's request was onerous, or unduly large.
You indicated that you would provide the documents by August 6,2QL4. However, to avoid the initiation
of further legal proceedings, please provide the documents requested by Ms. Visveshwara to me no
later than July 7 ,2OL4.
Your cooperation in this matter would be greatly appreciated. lf you have any questions, please
contact me in the City Attorney's Office at (805)781-7140.
Si
Oryo[sanluls oBtspo
L [,,,,,*re
Cc
ne M. Russell
lnterim Assistant City Attorney
Joseph Lease, Chief Building Official
Cassia Cocina, Code Enforcement Officer
tE Th€ city of San Luis Obispo is committed to include the disabled in all of its services, programs and activities.
Telecommunications Device for the Deaf (B0S) 781-24'l0.
City of San Luis Obispo
JUN 2 5 2014
Code Enforcement
Glen-Del Posadas Corporation
3825 Valley Blvd., #9
Walnut, CA 91789
June24,2014
Ms. Cassia Cocina
Code Enforcement Ofiicer
Community Development Department
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
FAX: 805-781-7109
Subject 274 Higuera, San Luis Obispo, CA
Dear Ms. Cocina:
On November 12,2013, we responded to your request for information and provided copies
of the rental agreements for the spaces in Mathews Trailer Lodge that were occupied by
recreational vehicles.
Since we have not heard from you in over seven months, we expect that our response was
sufficient and that the code enforcement action has been closed. We would like written
confirmation that the code enforcement action has, in fact, been elosed'
As you are aware, we are required to provide all prospective tenants with the Mobilehome Park
Rental Agreement Disclosure Form stating the condition of the Park. For these many months
walting for your response, we have had to report on this form that the Park is being investigated
for an alleged code enforcement violation. This makes the Park less attractive to tenants,
particularly those with larger coaches. The City's lack of communication about what we expect
to be a long closed code enforcement action, along with the requirement to report this on the
Mobilehome Park RentalAgreement Disclosure Form, may be a factor in prospective tenants
renting for shorter periods or not renting with us at all.
Please confirm for us that the code enforcement action is closed. We ask to receive your
response no later than Wednesday, July 2,2014. Our fax number is (909) 595-3160. ln
addition to mailing your response, please fax it to our office by July 2,2014 to avoid any delays.
We appreciate your prompt reply. lf you have any questions, please feel free to contact me.
Sincerely,
thJ,,.lA4r^ h */rr!,w
William G. Wilson
President, Glen-Del Posadas Corporation
0B/24/2AL4 13:24 FAX @ooz
FAX
Cassla Coche
Code Enforcement
CIty of San Luls OblsPo
FROId:vYllllam Wlson
Glen-Del Fosadas Coryorrtlon
FAXI 90e595-3160
TOI
FAX: 805-781-7182
PHONE: 805-781t588
SuEJECT: Mathews Troller Lodge
PHoNli 909-585-3246
ctATE; Junaz.,20!1
NO. PAGESi 2 inc'ludlng cover
COMMENTS;
June 26,201-4
William G. Wilson
Glen-Del Posadas Corporation
3825 Valley Boulevard #9
Walnut, CA 91789
VIA U.S. MAIL AND FAX
909-595-3160
SUBJECT ADDRESS: 274 Higuera, San Luis Obispo, CA 93401
Dear Mr. Wilson:
I am responding to your letter dated iune 24,201-4.
The request for information is based on a code enforcement matter originating in20!2 that is
unresolved .The City of San Luis Obispo sent Glen-Del Posadas Corp a Notice to Correct Code Violations
on May 2,2012, relating to a complaint that you were renting spaces approved for Mobile Homes on a
temporary basis in violation of San Luis Obispo Municipal Code Chapter 5.45. Chapter 5.45 prohibits the
conversion of mobile home park to another use without, among other things, filing a conversion impact
report in accordance with local and state law. The removal of even one mobile home space may violate
the law . See Civil Code Sectio n798.LO; Keh v. Wotters, 55 Col. App. 4'n 7522, 1-537 (1997).
Glen-Del Posadas Corp. has communicated with the City since the City's original letter, so the
request should be no surprise. The City has inspected the property on several occasions, observed
recreational vehicles, and was advised by the park manager that the park had engaged in daily rentals
of spaces to recreationalvehicles, in violation of the Municipal Code. The state Mobilehome Residency
Law allows a recreationalvehicle to be considered a mobilehome only if the recreationalvehicle has
occupied a space in the park for nine (9)or more consecutive months. Civil Code Section 798.10.
From the City's perspective, it appears that you are not only violating chapter 5.45 but also the
Mobile Home Rent Stabilization Act contained in Chapter 5.44 of the San Luis Obispo Municipal Code.
The City is in the midst of the code enforcement process involving the property. lf we do not receive the
materials requested, the next step will be either a citation or court proceeding. The City is giving you an
opportunity to prove that you are in compliance with the law, despite evidence to the contrary. I
understand you recently sent a letter to the City's Code Enforcement Officer regarding code
enforcement proceedings, so your letter to me is a bit surprising.
Your timely compliance with the City's request would be greatly appreciated
Very truly yours,
Anne M. Russell
lnterim Assistant City Attorney
Cc: Joseph Lease, chief Building Official
Cassia Cocina, Code Enforcement Officer
TERRY R. DOWDALL
lrd@dowdalllow. nef
ROBIN G. EIFLER
robin@dowdolllow.nel
DIANE W. MEDINA
dione@dowdo lllow.nel
KASEY C, PHILLIPS
kc p@dowdalllaw.nel
July 3,2014
DOWDALL LAW OFFICES
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
284 NoRrH Grnssrlr Sree er
ORANGE, CALIFORNIA 92866-1 409
AREACODE 714
TELEPHONE 532.2222
FACSIMILE:
532.3238 532.5381
D O WDALLLA W. NEI
SACRAMFNTO OFFICE:
980 9'h STREET, I6Ih FLOOR
PBM ] 638
SACRAMENTO, CA 958'I 4
ARFA CODE 9I6
TELEPHONE 444.O777
FACSTMTTE 444.2983
Of Co unse/
JAN D. BRESLAUER
M.A., M.F.A., J.D,
jdb@dowdolllow. nei
IN REPLY REFER TO
Via Express, Electronic Mail
Original Via First Class Mail
Anne M. Russell
Interim Assistant City Attorney
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Joseph Lease, Chief Building Official
Greg Cruce, Code Enforcement Officer
-Cas5ia Cocina, Code Enforcement Officer
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
Re: Demand to Cease and Desist from a Campaign of Bullying and Harassment:
Mathews Trailer Lodge (State Permit 40-0035-MP)
2T4Higuerao San Luis Obispo, CA 93401
Dear Ms. Russell, Cocina and Messrs. Lease and Cruce:
These offices have been retained by the owners and management of Mathews Trailer
Lodge ("park ") and I write to you on its behalf in respect to the matters set forth above. I have
reviJwed correipondence exchanged between various City departments and the owners and
operators of the park over the pasi two years. The City has engaged in anunprecedented PStteT
o?unjustified and continuing liarassment against this property owner, without cause' justification
or excuse.
The property owners operates a small mobilehome park,It was constructed well prior to-
1982. Despi-te this plain fact and state law, the City has been hell bent on manufacturing.demands
and "pock^et la#'locally enforced perhaps, but invalid in th9 real world. The point of this letter is
that I demand the City immediately cease and desist from this despicable witch hunt; that it stop
now and completely.
I will briefly review but a few of the more bafflingly incredible of the groundless
assertions leveled against this property owner here.
DOWDALL LAW OFFICES
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
Ane M. Russell
Joseph Lease
Gree Cruce
Casiia Covina
July 3, 2014
Page2
In May of 20l2,the property owner was claimed to be converting the_property to another
use, by r"usor of vacant spa-ces. Vacant spaces are not permitted without declaring a conversion
says code enforcement.
"Vacating any space in the mobile home park or the cessation of the use of land
constitutis a mobile home park conversion. which must follow the process set
forth in section 5.45 of the Municipal Code. "
The Mobilehome Residency Law (Civil Code $$798, et seq.)('oMRL") governs closures; a
City has the ability to regulate reasonable costs of relocation. This process is set forth in the
Govemment Code.r It is initiated by the park owner. A City has noauthority to declare a park
closure. And to say a park is closing because of a vacancy would requlr9 the closure of about
every park in the itate in a recession. this is singularly the most palpably absurd demand in my
thirty-iix years of law practice. Of course a mandatory closure under these circumstances
conititutes an outright tat<ing of property in violation of the Fifth and Fourteenth Amendments to
the U.S. Constitution.
In September the same year, the City tried again, this time singling out the fact that r.v.'s
are occupying lots in the mobilehome park. The City stated:
t S.., generally, Civ. Code S798.56, governing the grounds for termination of a tenancy. $798.56: (g)
Change ofuse ofthe park or any portion thereof, provided:- (l) The management gives the liomeowners at least 15 days' written notice tlat the management
will be appearing t]efote a localgovernmental board, commission, or body to request permits for a change of use of
the mobilehome park.' (2) After all required permits requesting a change of use have been approved by the local
governmental board, commission, or body, the management shall give the homeowners six months' or more written
ilotice of termination of tenancy. If the change of uselequires no local governmental permits, then notice shall be
given 12 months or more priorio the management's determination that a change of use will occur. The management
in the notice shall disclose and describe in detail the nature ofthe change ofuse.
(3) The management gives each proposed homeowner written notice thereof prior tolhe inception
of his or her tenancy that the management is requeiting a change of use before local governmental bodies or that a
change ofuse request has been granted.
(a) The notice requirements for termination of tenancy set forth in Sections 798.56 and79857
shall be followed if the proposed change actually occurs.
(5) A notice ofa proposed change ofuse given prior to January l, 1980, that conforms to the
requirements in efiei:t at that time shaf be valid. The requirements for a notice of a proposed change of use imposed
byihis subdivision shall be governed by the law in effect at the time the notice was given." (h) The report requ-ired pursuant to subd.s (b) and (i) of Section 65863.7 of the Government Code shall be
given to tire homeowners or residents at the same time that notice is required pursuant to.subd. (g) of this.section." (D For purposes ofthis section, "financial institution" means a state or national bank, state or federal
savings anO toan asiociation or credit union, or similar organizatiol, and mobilehome dealer as defined in Section
1800t.6 ofthe Health and Safety Code or any other organization that, as part ofits usual course ofbusiness,
originates, owns, or provides loan servicing for loans secured by a mobilehome.
DOWDALL LAW OFFICES
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
Ane M. Russell
Joseph Lease
Greg Cruce
Cassia Covina
JuIy 3,2014
Page 3
. . . Thus recreational vehicles may occupy space within mobilehome parks if the
duration of stay is intended to be nine months or mora In order to still be
considered a mobile home park, either criterion above must be met. Your letter
indicates that the mobilehome park has not changed its use. After a recent visit to
the park, it is apparent that may, if not all of the previous empty spaces are now
occupied with recreational vehicles.
lTh6refore we are requesting copies of the rental agree,ments for the spaces
iurrently occupied bt R.V.'s in order to confirm that they comply with these
requirements.
Septembei 25, 2013, Cassia Cocina, Code Enforcement Offi cer.
Well, a mobilehome park may be entirely filled with recreational vehicles
intending to stay one month^or more. It has been the law since 1292, that r.v.s.Pay occupy
mobileh5me spAces in parks built before 1982. Civ. Code S72q:2.2 states that *[!]1any
new mobilehorie park th-at is developed after January l,1982, mobilehome spaces shall not be
rented for the accommodation of recieational vehicles as defined by Section 799.29 unless the
mobilehome park has a specifically designated area within the park for recreational vehicles,
which is separate and apirt from tie arei designated for mobilehomes."2 This park was built
before tgg2.ltcan be cbmpletely filled with r.v.s. In fact, the park has accommodated r.v.s for
decades. After 9 months of continuous occupancy, all but Article 7 of the MRL then applies.
State law forbids termination of tenancy without good cause set forth in Civil Code $798.56.
There is also nothing which I have found in the municipal code referring to oonine
months" as a minimum in order to establish ano'r.v." as a "mobilehome." The sole code
reference I can find states at section 17.16.015 ("Recreational vehicle as dwelling unit") as
follows:
No recreational vehicle, camper shell, automobile or similar device shall be used
for living or sleeping quarters on private property, except in a lawfully operated
mobile home pa.rk, . . .
Under this regulation, there is no requirement that an r.v. tenant stay 9 months. The MRL
forbids a demand of iuch an agreement as well. This implies that the City was baiting the park
owner into violations of the state la which states at Civil Code $798 .18:
(a) A homeowner shall be offered a rental agreement for (1)a term of 12 months,
2 "The Park began its operations in the 1970's and, therefore, the restrictions on renting lpaces for the
accommodation of recreitional vehicles that are set forth in Civil Code section 798.22 do not apply in this case.
Those restrictions apply to mobilehome parks developed after January 1,1982.'Adams v. MHC Colony Park Ltd.
P'ship, 224 Cal. App. 4th 601, 610 (2014).
@9ls2ld'Lot(..Lof'meanSanyareaortractof1andorportiolofamobilehomepark
designated or used for the occupancy of one manufactured home, mobilehome, or recreational vehicle")
DOWDALL LAW OFFICES
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ATTORNEYS AT LAW
Ane M. Russell
Joseph Lease
Gres Cruce
Casiia Covina
July 3, 2014
Page 4
or (2) a lesser period as the homeowner may request, or (3) a longer period as
mutually agreed upon by both the homeowner and management.
The City demand was to require a violation of state law by demanding 9 month rental
agreements from r.v. tenants.
In September of 2012, moreover the City writes to the property owner, in part, as follows:
Currently, there is a sign advertising R.V. spaces to rent by the month. Renting
spaces by the month to Recreational Vehicles is a violation of San Luis Obispo
Municipal Code 5.45.
Please be aware that the situation described above appears to violate San Luis
Obispo Municipal Code Sections:
' San Luis Obispo Municipal Code 5.45: Mobile Home Park
Conversion
. San Luis Obispo Municipal Code 17.22.0 I0: Allowed Uses
. . . restore all vacant spaces with permanent dwellings no later than January l,
2013. You must restore occupancy to all spaces with permanent mobile homes
defined by the Mobilehome Residency Law.
. . . These agreements should be for a period of time no less than twelve (12)
months.
September 12,2012, Greg Cruce, Code Enforcement Officer
The City cannot require that the vacant spaces be oorestored" as discussed above.
Permanent mobilehomes is not a requirement of any law inconsistent with Civ. Code $798.22
which allows for occupation by recreational vehicles. And the r.v.s in place longer than 9 months
are for most purposes under the MRL considered mobilehomes.
Of late, a demand for information to determine compliance with the rent control law has
made on the property owner. In this latest demand, a section of the local ordinance is cited as
follows:
Specifically, Section 5.44.060(C) of the San Luis Obispo Municipal Code
provides:
The maximum monthly space rent of a tenant may be increased by the owner
when there is a change of ownership affecting a mobile home. . . . In the event of
change of ownership resulting from vacation of the space, then the space rent may
be adjusted to fair market rent in the community. . .
Each time a recreational vehicle enters and parks, the rent may be adjusted to fair market
rent in the community. There is no basis to investigate this or any rent.
Rent control is a legislative action. Hence, the power to take any action based on the
DOWDALL LAW OFFICES
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
Ane M. Russell
Joseph Lease
Greg Cruce
Cassia Covina
July 3, 2014
Page 5
application of the local ordinance flows through the City Council. The City has defined for itself
siringent limitations on exercise of powers. T[is avoids ultra vlres excesses of bureaucratic
power and witch hunting. The ordinance allows for these powers:
5.44.050 Citv council-Powers and duties.
Within the liirritations provided by law and in addition to qn-1'otler powers
and duties the council has, the city council shall have the following powers
and duties:
A. To meet from time to time as required to receive, investigate, hold
hearings on, and pass upon the issu6s relating to mobile home park rent
stabiliiation as set forth in this chapter;
B. To direct staff to make or condutt such independent hearings or
investigations as may be appropriate to obtain such information as is
necessary for the council to catry out its duties;
The City has no power to make ql in{epgqdent investigation of rent control
compliance in ihe abserice_ of any scintilla of evidence of wrongdoing. The only remedy is
driv6n by the occupants of the park themselves.
5.44.120 Rent increases not made in conformity with provisions-fsnsnf'5
right to refuse to pay.
A"tenant mav refi.isd to pay any increase in rent not made in conformity with
this chapter.'Such refus'alio pay shall be a defense in any-action brought to
recover possession of a mobi'le-home space or to collect the rent increase.
(Ord. lllT (part), 1988)
5.44.130 Actions brought to recover possession of mobile home
space-Retaliatory eviction grounds for denial.
Notwithstanding Section 5.44.120, in any action brought to recover
possession of a"mobile home sp?c.e,the^6ourtmay consider as grounds for
ilenial any violation of any provision of this chapter. Further, the
determinition that the actioir was brought in retaliation for the exercise of
any rights conferred by this chapter shall be grounds for denial. (Ord. 1l 17
(part), 1988)
The demand currently made on the properfy owner are in violation of the pgwerjs ._
granted by the ordinance. A's such, the actibns of ihe city constit{g u violation of the civil
iiehtr of fhe property owner under color of law. In this iase, the City seeks to threaten
lelal proc..,iing'r of an undefined nature, to bully by sheer intimidation with unrelenting
r.io,ri".s of a C"ity, but without power or authority o.f any kind or nalqre set forth in the
rent control law. Eich of th foll6wing acts characierizes the current City demand:
DOWDALL LAW OFFICES
A PROFESSIONAL CORPORAIION
ATTORNEYS AT LAW
Ane M. Russell
Joseph Lease
Gree Cruce
Casiia Covina
July 3, 2014
Page 6
l1
investigation of the park owner;
in the absence thereof;
prosecutor against the properfy owner.
In Ocean Park Associates v. Santa Monica Rent Control Board, 114 Cal.App.4th 1050, 8
Cal.Rptr.3d 421 (2004), the Court stated:
Thus, the Board's power to act on its own is limited to general or categorical rent
adjustments set after public hearings. It was not given the power to initiate
individual petitions. By taking that power onto itself, the Boar_d qanqqryned itself
from an impartial arbiter of rent adjustments into an advocate for individual
tenants.
distasteful and base of displays of abuse and embarrassment'
As one of my complaints read, in Part:
It is further Plaintiff s contention that the Defendants are knowingly, intentionally,
and willfully violating the rights of the Plaintiff, who abhors litigation and
conflict, and in this respect sbught to demean, sully and demonize Plaintiff s
operation of . . . or acquiesce and encourage such attacks on Plaintiff. The final
Cbmmission hearing of . . . , resulting in the commencement of this action, was
predicated on independent investigatory action whlch is without formal complaint,
illegations or assertions or requesi for any form of relief from any te_1ant residing
in . . . . The Commission assertion ofjurisdiction is purportedly predicated upon
the authority of the Ordinance. But the Ordinance does not speak to any authority
for independent selection of a property owner for arbitrary investigation and rent
setting processes in the absence of any complainant, and in the absence of any
procedure to proceed in the absence of petition. Indeed, the Ordinance c-ontains no-procedure fof rent reduction or establishing a base rent in the absence of a petition
filed by the Plaintiff.
The same may be said of the dark animus which motivates the current demand for
information.
You have no basis on which to disrupt the business of the property owner. You have no
right to upset and bother the residents of the park.
Demand is made on you and each of you, in your professional capacities and as
DOWDALL LAW OFFICES
A PROFESSIONAL CORPORATION
AITORNEYS A] LAW
Ane M. Russell
Joseph Lease
Gree Cruce
CasIia Covina
July 3, 20L4
PageT
individuals actingunder no recognized power or authority, to cease and desist from Taking
itt.gui u"O g.ou"ndl.rs demand-'s on niy client under threat of action, pen-alty gr othgr
;";ii;. Sfrecifically, demand is made to discontinue any demand fo.r the private business
records in fhe posseJsion of my clients, 1qd t9 qn_gage in any conversion process, or
impose any fiied tenancy in violation of the MRL.
In the event you have any questions or comments, please do feel free to contact the
undersigned.
Very Truly Yours,
Terry R. Dowdall, Esq.
For
DOWDALL LAW OFFICES, A.P.C.
cc: Client