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HomeMy WebLinkAbout1091ORDINANCE NO. 1091 (1987 SERIES) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING THE MOBILE HOME PARK RENT STABILIZATION ORDINANCE SLOW CHAPTER 5.44 BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Subsection 5.44.020(D), Section 5.44.040 and Section 5.44.110 are hereby repealed. SECTION 2. Subsections 5.44.020(E), 5.44.020(F) and 5.44.020(G) are hereby amended to read as follows: 5.44.020(D) "Mobile home tenant" or "tenant" means any person entitled to occupy a mobile home within a mobile home park pursuant to ownership of the mobile home or under a rental or lease agreement with the owner of the mobile home. 5.44.020(•E) "Rehabilitation work" means any renovation or repair work completed on or in a mobile home park performed in order to comply with the direction or order of a public agency, or to repair damage resulting from fire, earthquake or other casualty. 5.44.020(F) "Space rent" means the consideration, including any security deposits, bonuses, benefits or gratuities, demanded or received in connection with the use and occupancy of a mobile home space in a mobile home park, or for housing services provided, but exclusive of any amount paid for the use of a mobile home dwelling unit.(Ord.923 &1(part), 1982:prior code & 4801) 0 1091 SECTION 3. Sections 5.44.050, 5.44.070, 5.44.090, and 5.44.100 shall be amended to read as follows: 5.44.050 City Council powers and duties regarding Mobile home rent review Within the limitations provided by law and in addition to any other 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 issues relating to mobile home park rent stabilization as set forth in this chapter, or to any decreases in, or charges for, services or facilities; B. To direct staff to make or conduct such independent hearings or investigations as may be appropriate to obtain such information as is necessary for Council to carry out its duties; C. To increase or decrease maximum rents upon completion of its hearings and investigations; D. To adopt, promulgate, amend and rescind administrative rules, as it deems appropriate to effectuate the purposes and policies of this chapter.(Ord.923 & 1 (part), 1982: prior code & 4804) Section 5.44.070 Application for rent increase - Fee - Contents - Notice of request - Hearing. A. An owner who has been required to make expenditures or has incurred costs of such amounts that he will be unable to make a just and reasonable return on his property given the maximum increase permitted by Section 5.44.050, may file with the Council an application for a rent increase for one or more spaces or application to reduce, or charge for, certain services or facilities, in either even referred to hereinafter as "application" or "application for rent increase." B. Any application for a rent adjustment pursuant to this section shall be accompanied by the payment of a fee as may be established from time to time by council resolution. The application shall specify, as applicable, the address of the mobile home park, the space number or numbers for which rent is requested to be adjusted, the amount of the requested rent adjustment, the proposed effective date of such adjustment, and the facts supporting the application. The applicant shall produce at the request of the Council any records, receipts, reports or other documents that the Council may deem necessary to make a determination whether to approve the application. C. The owner shall serve each affected tenant, in writing, either personally or by mail, with notice of the rent increase or change in services or facilities requested and with notice that application for approval of same is being filed with the Council. Proof of such service shall be filed with the Council concurrent with the filing of the application. Copies of the application shall be available free of charge to any affected tenants requesting same at the business office in the affected park. D. The Council shall set a hearing on the application complying with the requiremens of this section no less than ten days and no more than thirty days after receipt of the application and proof of service. The Council shall notify the owner and tenants, in writing, of the time, place and date set for the hearing. No hearing or any part thereof may be continued beyond thirty days after the initial hearing date, without the owner's consent. if the Council approves an application as requested or as modified, the same shall take effect as noticed by the owner or as the Council may otherwise direct. (Ord 1077 & 2, 1986; Ord. 923 & 1 (part), 1982: prior code & 4806) Section 5.44.090 Application for rent increase - Evaluation - Relevant factors. In evaluating the application the Council may consider, along with all other factors it considers relevant, changes in costs to the owner attributable to increases or decreases in master land and /or facilities lease rent, utility rates, property taxes, insurance, advertising, variable mortgage interest rates; employee costs, normal repair and maintenance, and other considerations, including, but not limited to, rehabilitation work, capital improvements, upgrading and addition of amenities or services, net operating income, and the level of rent necessary to permit a just and reasonable return on the owner's property. (Ord.923 &1(part), 1982:prior code & 4808) Section 5.44.100 Application for rent increase - Hearing - Determination A. The Council shall make a final decision no later than twenty days after the conclusion of its hearing. The decision shall be based on findings, with due consideration of all evidence submitted at the hearing. All parties to the hearing shall be advised by mail of the Council's decision and findings. B. Pursuant to its findings, the Council may: 1. Permit the requested rent increase to become effective, in whole or in part; or 2. Deny the requested rent increase; or 3. Permit or deny, in whole or in part, requested reductions, of or charges for, facilities or services. C. Any decision of the Council shall be final. SECTION 4. A summary of this ordinance, approved by the City Attorney, together with the ayes and noes, shall be published at least five (5) days prior to its final passage in the Telegram- Tribune, a newspaper published and circulated in said City, and the same shall go into effect at the expiration of thirty (30) days after its said final passage. A copy of the full text of this ordinance shall be on file in the office of the City Clerk on and after the date following introduction and passage to print and shall be available to any interested member of the public. 4 INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at a meeting held on the 2nd day of June, 1987, on motion of Councilwoman Doves M , seconded by Councilman Settle on the following roll call vote: AYES: Councilmembers Dovey, Settle, Griffin and Rappa NOES: none ABSENT: Mayor Dunin Mayor Ron Du-n--in- ATTEST: -- 2" Ci y Clerk Pam s J * * * * * * * * * * * * * ** APPROVED: Acting City Administrative Officer City A rney ORDINANCE NO. 1091 (1987 Series) FINALLY PASSED this 16th day of June 1987, on motion of Councilwoman Dovey , seconded by Councilwoman Rapper , and on the following roll call vote: AYES: Councilmembers Dovey, Rappa, Griffin, Settle and Mayor Dunin NOES: None ABSENT: None ayor K on Dunin ATTEST: (J., City Jerk Pam Vt s n 1 nns ;'.%� ��, j '_,, // �,� �� �/ / ✓ /`' ���� k: i�l l it i'