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CHAPTER 24: MOBILE HOME PARKS
ARTICLE I. MOBILE HOME PARK RENT STABILIZATION SYSTEM
24-1. Purpose and intent
24-3. Scope of coverage
24-5. Mobile home park rent review board
24-6. Powers and duties of the board
24-7. Application disclosure provisions
24-8. Nonapplicability to leased spaces
24-9. CPI formula adjustment
24-10. Discretionary rent increases
24-11. Change of occupancy adjustment
24-12. Pass-through items
24-13. Maintenance of services
24-14. Governing rules and errors
24-15. Appeals from hearing officer decisions
24-16. Resident's right of refusal
24-17. Retaliatory eviction
24-19. Notice to new and prospective residents
24-21. Administrative fees
ARTICLE II. MOBILE HOME PARK CLOSURES
24-30. Mobile home park closure permit
24-31. Notice to residents
24-32. Mobile home park closure permit application requirements
24-33. Service of impact report and relocation assistance plan
24-34. Hearing on mobile home park closure permit
24-35. Notice of approval of mobile home park closure permit
24-36. Denial of permit for coercion
24-37. Duration of permit
24-39. Termination of tenancy
24-40. Effect on existing permits
24-41. Affidavit of compliance
24-42. Public policy
24-43. Exemption of public agencies
ARTICLE I. MOBILE HOME PARK RENT STABILIZATION SYSTEM
(A) In 1982, the city council found that rapidly rising rents had occurred in the mobile home parks in the city due to a shortage of mobile home spaces and the high cost of relocating a mobile home. The city council also found that the mobile home owners who rented spaces for the mobile homes they owned made a substantial investment in the homes and their spaces. For these reasons, the city council adopted Ordinance Nos. 1940 and 1946 in 1982 to protect the mobile home owners in the city from excessive rents and to protect their investment in their homes while at the same time providing for a fair return for park owners. Ordinance Nos. 1940 and 1946 were codified as chapter 24 (this “chapter”) of the code.
(B) This chapter was revised in 1986, 1988, 1990 and 1991.
(C) In January of 1998, the city council established a mobile home rent stabilization ordinance review task force to review the need for mobile home rent stabilization in the city and consider possible amendments to improve the administration of the mobile home park rent stabilization system (“system”) provided by this chapter. The task force consisted of nine members and five alternates. Three members and two alternates were selected by the mobile home owners who rent spaces in mobile home parks in the city, three members and two alternates were selected by the owners of mobile home parks in the city, one member and one alternate were selected by the mobile home park rent review board and two members were appointed by the mayor with the approval of the city council. The task force held 11 meetings to consider proposed changes to this chapter and receive public comment concerning rent stabilization. At its last meeting in September of 1998, the task force adopted a report recommending modifications to various time limits, clarification in the definition of certain terms, streamlining of the hearing and protest procedures and the appeal process and modifications to the formulas for calculating annual space rent increases based on the consumer price index and change of occupancy increases. Twelve of the 14 recommendations made by the task force, received either a unanimous vote or majority vote from the members representing both the mobile home owners and the mobile home park owners.
(D) The city council held hearings to consider the recommendations of the task force and the mobile home park rent review board, and to receive public testimony, testimony from park owners and their representatives, and testimony from mobile home owners who rent spaces for their homes in mobile home parks in the city. The city council also considered the information in various reports provided by staff concerning the administration of this chapter, the circumstances in the mobile home parks in the city, the circumstances of the mobile home owners who rent spaces for their homes in those mobile home parks, the interests of the owners of the mobile home parks in the city and the impact of mobile home rent stabilization on the city.
(E) The city council hereby finds that there continues to be a shortage of mobile home spaces in the city, particularly of spaces that are available to owners of homes already in a park who want to move those homes. In addition, it is expensive to move a mobile home, requires a special moving permit and involves tearing down the home, having it moved by specialized movers and setting the home up at the new location, including complying with new code requirements and upgrading the home as required by the park owner at the new location. There is a risk of damage to the home when a mobile home is moved and exterior improvements, such as porches, patios and carports must often be replaced. These facts make it almost impossible for mobile home owners to move their homes. The term “mobile” home is therefore misleading. These facts give rise to a market imbalance in which excessive rents can be, and often are, charged absent regulation. Further, the homeowners make significant investments in their homes and in improving the spaces they rent. They are often long-term residents of the city who have strong ties to the community and would prefer to remain in their homes in the city. However, if the mobile home owners cannot afford to pay rent increases, they must attempt to sell their homes and move elsewhere. Excessive rents can severely impair or destroy the ability to sell a mobile home at a price sufficient to recover the investment in the home. Further, excessive rent increases and lost investment fall with particular harshness on the significant segment of the mobile home owners in the city who are seniors on fixed incomes and the segment of mobile home owners in the city who have low to moderate incomes.
(F) Based upon the foregoing findings, the city council hereby finds that it is necessary to continue rent stabilization in the mobile home parks in the city; that the amendments to this article are consistent with the purposes of this chapter and the recommendations of the task force; and that the recommendations will improve the administration of this chapter by clarifying some of its terms and streamlining its procedures.
(`64 Code, Sec. 17.1-1) (Ord. No. 2475)
For the purpose of this chapter, the following words shall have the following meanings:
(A) CPI - The consumer price index prepared by the bureau of labor statistics for the Los Angeles-Anaheim-Riverside area relating to all urban consumers as further set forth in section 24-9.
(B) HEARING OFFICER - The person designated by the city council to conduct evidentiary hearings on the various matters assigned to the hearing officer by this chapter.
(C) MOBILE HOME - A structure designed for human habitation and for being moved on a street or highway under a permit issued pursuant to state law. Mobile home shall include a “manufactured home” and a mobile home, as defined in state law, but does not include a recreational vehicle or commercial coach as defined in state law.
(D) MOBILE HOME PARK or PARK - An area of land in the city where two or more mobile home spaces are rented or leased out for mobile homes used as residences.
(E) MOBILE HOME PARK OWNER or OWNER - The owner, lessor, operator, or manager of a mobile home park.
(F) MOBILE HOME PARK RENT REVIEW BOARD or BOARD - The Mobile Home Park Rent Review Board established by this chapter.
(G) PROTEST - A written statement signed by residents representing 25 percent or more of the spaces in a park specifically setting forth the grounds for disputing an owner's decision or application for a space rent increase and containing a suggested resolution of the dispute.
(H) RENT STABILIZATION DIRECTOR or DIRECTOR - The person designated by the city manager to carry out the functions of the director.
(I) RESIDENT - Any person who occupies a mobile home or recreational vehicle which is located within a mobile home park and governed by this chapter.
(J) SPACE RENT - The consideration charged in connection with the occupancy of a space in a mobile home park including the use of common areas, not otherwise separately itemized in accordance with this chapter. Space rent shall not include:
(1) Amounts paid for the use of a mobile home dwelling unit;
(2) Security deposits;
(3) User fees for services or facilities which may be utilized at the option of residents;
(4) Utility charges in those mobile home parks which the owner bills residents separately whether or not the mobile homes are individually metered; or
(5) Pass-through items including utility charges.
(K) UTILITY - The services provided to a resident, such as water, solid waste collection, wastewater, cable television, gas and electricity.
(`64 Code, Sec. 17.1-2) (Ord. No. 2475)
Unless otherwise stated herein, the operations of all mobile home parks in the city shall be governed by the provisions of this chapter.
(`64 Code, Sec. 17.1-3) (Ord. No. 2475)
The provisions of this chapter shall not apply to the following:
(A) A mobile home park space rented for nonresidential purposes;
(B) All mobile home parks constructed after January 1, 1986, which on the date of adoption of this chapter have a vacancy rate of over 10 percent, until such time as 90 percent of the total park spaces are filled. When 90 percent of the spaces are filled, the mobile home park shall be governed by this chapter.
(C) Mobile home parks managed or operated by the United States Government, the State, or the county;
(D) Mobile home park tenancies which do not exceed an occupancy of 20 days;
(E) Mobile home park tenancies for which any federal or State law or regulation specifically prohibits rent regulations;
(F) Mobile home park tenancies established by leases which provide for a term of more than a year, but only for the duration of such lease. Upon the expiration of any such lease, this chapter shall immediately be applicable to the tenancy.
(G) Mobile home parks which sell lots for factory-built or manufactured housing, or which provide condominium ownership of such lots, even if one or more mobile homes in the mobile home park are rented out.
(`64 Code, Sec. 17.1-4) (Ord. No. 2475)
(A) Board established - There is hereby established a Mobile Home Park Rent Review Board consisting of five members. The board members and alternates shall be appointed by and serve at the pleasure of the city council. A quorum shall consist of three members present and voting.
(B) Alternates - For each regular board member, the city council may appoint an alternate member to serve in the absence of the regular member.
(C) No financial interest -
(1) The five members of the board and their alternates shall be persons who are not connected with the real estate or rental housing industry for their personal financial gain.
(2) Neither board members nor their alternates shall be residents of or have any financial interest in any mobile home or mobile home park. Board members and their alternates shall file a declaration to this effect with the city clerk, under penalty of perjury.
(D) Compensation - The city council may, by resolution, establish compensation for board members and their alternates. Board members and their alternates may also receive reimbursement as provided by the city council for traveling and other expenses incurred while performing official duties.
(E) Term -
(1) Board members shall be appointed for a term of three years and shall serve no more than two terms. In order to stagger the terms, the city council shall appoint members so that no more than two terms expire each year.
(2) A term of less than one year shall not be considered a full term. Terms shall expire on November 30 of the applicable years. A member shall continue in office for the term for which he/she was appointed or until his/her successor is appointed.
(`64 Code, Sec. 17.1-5) (Ord. No. 2475)
Within the limitations provided by state law, the board shall have the following powers and duties:
(A) Reasons for meetings - To meet from time-to-time to the discharge the board's duties as set forth in this chapter.
(B) Powers - To collect evidence and information to implement this chapter, initiate investigations, schedule and conduct, hearings or appeals, and issue written findings and decisions regarding the implementation of this chapter.
(C) Annual report - To prepare, at least annually, a comprehensive written report to the city council concerning board activities, decisions, findings, and actions, and all other matters governed by this chapter.
(D) Administrative rules - Within the limitations provided by law or by rules adopted by the city council, and after a public hearing, with due notice to owners and residents and/or their representatives, associations and councils, to adopt, amend and rescind administrative rules to effectuate the purposes and policies of this chapter.
(`64 Code, Sec. 17.1-6) (Ord. No. 2475)
Every application shall disclose the existing space rent, all other park charges, the date on which any listed charges shall terminate, the published utility rates, and a list of current services provided to the park by the owner.
(`64 Code, Sec. 17.1-7) (Ord. No. 2475)
(A) In any application, the owner shall indicate which if any of the spaces are governed by leases which provide for a term, of more than a year, together with the expiration date of each such lease. If a space previously exempted from coverage by this chapter pursuant to section 24-4(F) becomes governed by this chapter, the space rent existing for the month prior to the time of governance shall not be increased until the time the next space rent increase is approved for the park.
(B) No owner may require, directly or indirectly, that any mobile home owner or prospective mobile home owner sign a lease or rental agreement that provides that it shall be exempt from local rent stabilization, or provides for space rent increases in excess of those permitted by this chapter as a condition of tenancy to a prospective purchaser of a mobile home in the park on the grounds that the prospective purchaser will not sign such a lease or rental agreement.
(`64 Code, Sec. 17.1-8) (Ord. No. 2475)
(A) Procedure -
(1) A CPI formula adjustment is a space rent adjustment granted to an owner in accordance with procedures established by resolution adopted by the city council. A CPI formula adjustment shall be based upon the percentage change in the CPI for the year ending in August. The resulting adjustment shall be for rent increases taking effect in the following calendar year. The CPI formula adjustment shall be calculated as follows:
(a) If the percentage change in the CPI is 4 percent or less, the permissible CPI formula adjustment shall be equal to 100 percent of the change in the CPI.
(b) If the percentage change in the CPI is greater than 4 percent but less than or equal to 9 percent, the permissible CPI formula adjustment shall be equal to 75 percent of the change in the CPI, or a 4 percent adjustment, whichever is greater.
(c) If the percentage change in the CPI is greater than 9 percent, the permissible CPI formula adjustment shall be equal to 67 percent of the change in the CPI, or a 6.75 percent adjustment, whichever is greater.
(2) CPI formula adjustment applications may be submitted no more than once a year. Any space rental increase as provided herein shall be effective on the date specified in the application or as otherwise approved by the hearing officer.
(B) Review - The hearing officer shall conduct a hearing to review a CPI formula adjustment application only on receipt of a protest. The hearing officer shall decide the issues in dispute. The hearing officer shall issue a written decision on the application and protest no later than 35 days following the completion of the hearing.
(`64 Code, Sec. 17.1-9) (Ord. No. 2475)
(A) Procedure - An owner may submit to the director a discretionary rent increase application in accordance with procedures established by resolution adopted by the city council.
(B) Standards of review - In evaluating any discretionary rent increase application, the hearing officer shall consider the gross total income of the park, changes in operating expenses to the owner attributable to increases and decreases in the listed operating expenses, net operating income, and the level of space rent necessary to permit a just and reasonable return on the owner's investment.
(C) Fair return to owner - The discretionary rent increase application procedure and the hearing officer's review shall be structured to permit a continuation of the net operating income to the owner and a just and reasonable return on the owner's investment at the same level (adjusted for the effect of inflation) experienced by the park in the year immediately preceding the first impact of rent stabilization on the park.
(D) Decision of the hearing officer - The hearing officer shall issue a written decision on the application no later than 35 days after the completion of any hearing. The hearing officer's decision shall be based on substantial evidence submitted at the hearing. All parties to the hearing shall be advised of the hearing officer's decision and given a copy of the findings. Consistent with the findings, the hearing officer may:
(1) Authorize the requested increase to become effective, in whole or in part;
(2) Deny the discretionary increase;
(3) Order a reduction in space rent to a rate determined by the hearing officer;
(4) Find that an increase that went into effect, or any portion thereof, is not justified and order the owner to refund the amount found to be unjustified to the residents within 30 days after the decision of the hearing officer is final;
(5) Find that a proposed increase, or any portion thereof that was previously unjustified, is justified and order the residents to pay the amount found justified to the owner within 90 days after the decision of the hearing officer is final; and
(6) Deny a retroactive increase based upon unreasonable delay in the provision of information required for the hearing process.
(`64 Code, Sec. 17.1-10) (Ord. No. 2475)
(A) Change of occupancy.
(1) Upon a change of occupancy of a space, the owner may increase the rent for such space up to an amount equivalent to 15 percent of the average space rent for those spaces within the park with rents regulated by this chapter and not exempted from the provisions of this chapter, or $80 whichever is less. Such a change of occupancy increase may be applied to a specific space no more than once every five years. The calculation shall be made by the director once a year for each mobile home park, based upon such space rents in effect on the thirtieth day following the most recent rental adjustment application by the owner. The director shall notify each park owner in writing of the resultant calculation of the change of occupancy increase adjustment upon the initial calculation, and upon each recalculation thereof.
(2) Any transfer of rights to a space by a resident to any joint tenant or blood relation by gift, devise or operation of law shall not constitute a change of occupancy.
(3) On or before January first of each year, the owner shall post a written notice stating the maximum amount of rent to be charged for each space upon change of occupancy. This notice may be revised and posted no more than three times in the next 12 months with at least four months between each revision.
(4) Upon a written request, the owner shall provide to a resident, within 15 days of the request, a written commitment for the space stating the exact amount of the rent for the resident's space to be effective upon a change of occupancy. This commitment shall be effective for six months from the date of receipt by the resident.
(B) Written complaint - A change of occupancy adjustment may be reviewed by the hearing officer upon the filing of a written complaint with the director specifically setting forth the grounds for the complaint and containing a suggested resolution of the complaint. The director shall review the complaint and determine whether to schedule a hearing to resolve the matter.
(C) Review - At a hearing, the hearing officer shall determine if the adjustment conforms to the requirements of this chapter. If a resident claims discrimination in the owner's establishment of the rent for the particular resident's space, the resident shall have the initial burden of presenting evidence to show the existence of such discrimination. If the hearing officer finds by a preponderance of the evidence, that such discrimination has occurred, the hearing officer shall have the authority to reduce the proposed rent by the amount the hearing officer finds is based on the discrimination.
(`64 Code, Sec. 17.1-11) (Ord. No. 2475)
(A) Procedure - The granting of a pass-through item by the hearing officer to the owner shall be in accordance with application procedures established by resolution adopted by the city council.
(B) Eligible items - Subject to the requirements of State law, guidelines adopted by city council resolution and disclosure to residents of total billing and method of allocation, an owner may remove from the monthly space rent and separately itemize on the monthly rental statement the cost for any utilities not metered to the resident's mobile home. The owner may pass on to the residents any increase or decrease in utilities as they occur.
(C) Protest - Residents shall have 15 days from the date that a notice of pass-through item application is mailed to file with the director a protest to the application objecting to the accuracy of the calculations used by the owner to determine the pass-through item. Within ten days of the filing of a protest, the director shall notify the owner in writing of the protest and schedule a hearing by the hearing officer.
(D) Review - The hearing officer shall review the application and shall allow only testimony that relates to those disputed issues listed in the protest. The hearing officer shall decide the issues in dispute. Within 35 days after the completion of the hearing, the hearing officer shall issue a written decision on the application and protest.
(E) Termination - Parks with existing authorized pass-through items may modify or terminate such items in accordance with procedures established by resolution adopted by city council.
(`64 Code, Sec. 17.1-12) (Ord. No. 2475)
(A) Determination of services - On October 1, 1991, or on such later date as is allowed by the director, the owner shall file with the director a notice of services provided which shall list all the services that the owner then provides to the residents of the park. Any reduction or deletion in services or utilities (or conversion of such service or utility to a separately billed item) by the owner shall be permitted only in accordance with the procedures established by resolution adopted by the city council.
(B) Effect of reduction in service - The owner shall deduct the monthly cost for a reduced or deleted or separately billed service or utility from the monthly space rental effective the month that the reduction, deletion, or separate billing occurs.
(C) Hearing officer review of services -
(1) Residents shall have 35 days from the date that a notice of an owner's application for a space rental adjustment or notice to reduce or delete services is mailed to file a protest with the director to the adjustment based on the owner's reduction or deletion of services within the park since the last adjustment.
(2) The hearing officer shall review the services which the owner provided at the time of the last space rent adjustment and determine if those services are continuing. If an owner deleted or reduced a service after the last adjustment, the hearing officer shall have the power to reduce the pending adjustment by the amount saved by the owner due to the deletion or reduction. The hearing officer shall decide the issues in dispute. Within 35 days from the completion of the hearing, the hearing officer shall issue a written decision on the space rent adjustment and protest.
(`64 Code, Sec. 17.1-13) (Ord. No. 2475)
(A) Rules of evidence - The formal rules of evidence or procedure shall not apply to hearing officer proceedings, except to the extent required by the hearing officer.
(B) Errors - No action of the hearing officer shall be held void or invalid or be set aside on the grounds of the improper admission or rejection of evidence, or by reason of any error, irregularity, informality, neglect or omission (“error”) as to any matter pertaining to applications, notices, findings, records, hearings, reports, recommendations, or any matters of procedure whatever, including, but not limited to, those included in this section, unless after an examination of the entire case, including the evidence, the reviewing body shall be of the opinion that the error complained of was prejudicial, and that by reason of such error the party complaining or appealing sustained and suffered substantial injury, and that a different result would have been probable if such error had not occurred or existed.
(`64 Code, Sec. 17.1-14) (Ord. No. 2475)
(A) Institution of appeal process.
(1) Any written decision of the hearing officer may be appealed to the board by either the owner or by residents representing 25 percent or more of the spaces in the park affected by the hearing officer's decision. An appeal shall be requested by the filing of a notice of appeal signed by either the owner or such residents.
(2) The notice shall be filed with the city clerk within 15 days after the date the hearing officer's written decision is mailed to the owner and the residents' representative by the city.
(3) A copy of the notice filed by an owner shall be mailed by the owner to each affected space in the park and a proof of service of mailing shall be filed with the city clerk.
(4) A copy of the notice filed by the residents shall be mailed by the appealing residents to the owner and a proof of service of mailing shall be filed with the city clerk. A notice filed by residents shall include sufficient information, including, but not limited to, the residents' names and addresses, to enable the city clerk to verify the required number of signatures on the basis of one resident per occupied space.
(5) The notice of appeal shall contain the name, mailing address, and telephone number of an individual who shall be designated as the representative of the appealing residents. Official notices to the protesting residents may be served upon this representative. This representative shall also organize the presentation to the board on behalf of the residents.
(6) Except for protests of CPI formula adjustment applications, the execution of any hearing officer decision shall be stayed for 90 days from the date of filing of a notice of appeal.
(B) Transcript and exhibits -
(1) All testimony presented to the hearing officer during a hearing shall be stenographically recorded by a certified shorthand reporter. The city shall be responsible for the certified shorthand reporter's appearance fee.
(2) Upon the filing of an appeal from a hearing officer decision, the appealing party shall order and pay for the original certified shorthand reporter's transcript. Copies of the certified shorthand reporter's transcript shall be paid for by the parties ordering them. The original certified shorthand reporter's transcript and all original exhibits shall be provided within 30 days of the filing of the notice of appeal and thereafter be forwarded to the board.
(C) Effect of decision - The decision of the board shall be final and constitute the exhaustion of available administrative remedies to review hearing officer decisions.
(`64 Code, Sec. 17.1-15) (Ord. No. 2475)
(A) A resident may refuse to pay any increase in space rent which violates the provisions of this chapter.
(B) Such refusal to pay shall be a defense in any action brought by the owner to recover possession of a space for nonpayment of the amount of the space rent increase or to collect the increase.
(`64 Code, Sec. 17.1-16) (Ord. No. 2475)
In any action brought by the owner to recover possession of a space, the court may consider as grounds for dismissal of the action any violation of this chapter. Any eviction action brought within six months of a protest or complaint filed with the director by the subject resident shall be presumed to be retaliatory. This presumption affects the burden of proof and is rebuttable by the owner.
(`64 Code, Sec. 17.1-17) (Ord. No. 2475)
(A) Treble damages - Any owner who intentionally demands, accepts or retains any payment in violation of the provisions of this chapter shall be liable in a civil action to the resident from whom such payment is demanded, accepted or retained for damages in the sum of three times the amount by which the payment demanded, accepted, or retained exceeds the maximum amount which could be lawfully demanded, accepted, or retained together with reasonably attorneys' fees and costs as determined by the court.
(B) Criminal penalties - Any owner willfully violating any of the provisions of this chapter shall be guilty of a misdemeanor and shall be punishable in the manner provided by section 1-10 of the code. Notwithstanding the foregoing, the penalty assessed against an owner for conviction of a violation of this chapter shall be limited to the owner's payment of an appropriate fine and shall not expose the owner to incarceration.
(`64 Code, Sec. 17.1-18) (Ord. No. 2475)
(A) Prior to or at the time of agreeing to rent space to a new resident in a park, the owner shall provide each prospective resident with a copy of this chapter as currently in effect and a copy of any resolutions of the city council implementing the provisions of this chapter.
(B) (1) Before any prospective purchaser of a mobile home in the park signs a rental agreement, a lease for 12 months or less, or a long term lease exempt from the provisions of this chapter, the park owner shall give the prospective purchaser a copy of this chapter as currently in effect and any resolution of the city council adopting implementing regulations and shall have the prospective purchaser sign a statement acknowledging that the prospective purchaser has received a copy of this chapter and is aware that this chapter regulates space rent increases for all spaces not subject to long term leases exempt from local rent stabilization.
(2) For all long-term leases, the signed statement shall be remitted to the director by the park no later than 30 days after signing and maintained by the city and be available for inspection.
(`64 Code, Sec. 17.1-19) (Ord. No. 2475)
After a noticed public hearing, the city council shall adopt, by resolution, guidelines and/or procedures to aid in the implementation of this chapter.
(`64 Code, Sec. 17.1-20) (Ord. No. 2475)
(A) Adoption of fee - The city may incur certain annual costs in administering the mobile home park rent stabilization system. After a noticed public hearing, the city council may adopt by resolution an annual administrative fee. For the first year of the administrative fee following the adoption of this ordinance (i.e., city fiscal year 1998-99), the city council estimates that such cost will equal or exceed $69,350, or no more than $2.34 per space per month for all spaces subject to the jurisdiction of the system. Along with the administrative fee, a park's monthly report regarding the calculation of the administrative fee for each month shall be filed with the city's treasurer on or before the tenth day of that month. Such administrative fee shall reimburse the projected costs of such administration, based upon previous actual costs, to the city. Such resolution and projected costs may be updated on an annual basis after a noticed public hearing, but in no event shall the annual administrative fee be increased by more than 75 percent of the consumer price index for all urban consumers for the Los Angeles- Anaheim-Riverside area or eight percent per year, whichever is less.
(B) Payment by park owners - One-half of any administrative fee shall be paid to the city by the owners of the parks within the city. Such fee shall be allocated to each owner based upon the number of spaces in each park which were subject to the system in the city's previous fiscal year period.
(C) Payment by residents - One-half of any administrative fee shall be paid to the city by the residents of the parks within the city, based upon the number of months each resident's rent was subject to the system in the city's previous fiscal year period.
(`64 Code, Sec. 17.1-21) (Ord. No. 2475)
ARTICLE II. MOBILE HOME PARK CLOSURES
Except as otherwise provided by law, prior to the conversion of a mobile home park to another use, or prior to the closure of a mobile home park or the cessation of the use of land as a mobile home park, in whole or in part, a mobile home park closure permit must be obtained pursuant to provisions of this code.
(`64 Code, Sec. 17.1-50) (Ord. No. 2097)
The park owner shall give at least 90 days' written advance notice prior to the filing of an application for a mobile home park closure permit regarding the proposed closure of the park to all residents and coach owners in the affected park, and shall continue to give such notice to all new potential residents.
(`64 Code, Sec. 17.1-51) (Ord. No. 2097)
(A) A person or entity seeking to convert a mobile home park to another use, or to close a mobile home park or to cease a use of land as a mobile home park, in whole or in part, shall apply for a mobile home park closure permit on forms provided by the development services department. The application shall be accompanied by payment of a filing fee in an amount as prescribed by city council resolution and shall include a report on the impact of the proposed conversion, closure, or cessation of use upon the residents of the mobile home park who would be displaced and a proposed relocation assistance plan, each of which shall be prepared in accordance with the requirements hereinafter set forth. The application will not be accepted for filing unless accompanied by the required impact report and relocation assistance plan.
(B) The application shall include each of the following:
(1) Concept plan - A written statement and concept plan indicating the use the park site is intended to accommodate, including the approximate number of proposed residential units, if any; approximate square footage and use of any buildings proposed; and the probable impacts/benefits to the community created by the proposed project.
(2) Site plan - A site plan of the existing mobile home park showing the existing layout, with all existing mobile home spaces identified by number and indicating whether the space is currently occupied, and other site features.
(3) Residents list - A list of the names and address of all current residents of the mobile home park.
(4) Impact report - A report on the housing and financial impacts of the removal of the mobile homes upon all displaced residents. The report shall include, but not be limited to, the following items, except where the applicant can demonstrate that the necessary information is not available:
(a) Rental rate history for each space for the previous five years;
(b) Monthly vacancy rate for each month during the preceding two years;
(c) Makeup of existing resident households, including family size, length of residence, age of residents, estimated household income, and whether receiving federal or State rent subsidies;
(d) The date of manufacture and size of each mobile home in the park;
(e) An analysis of moving existing mobile homes which shall include, but not be limited to, the availability of other sites; the total costs of relocating mobile homes to a new location; and the feasibility of existing mobile homes being accepted at other locations.
(5) Relocation assistance plan -
(a) A proposed relocation assistance plan shall be prepared by or on behalf of the applicant which states all measures proposed by the applicant to mitigate any identifiable adverse impacts of the proposed closure or conversion of use on the residents of the mobile home park who would be displaced thereby. Every proposed relocation assistance plan shall provide that displaced residents will be provided relocation benefits that relate to the identified impacts. Relocation benefits must bear a relationship to the cost of displaced residents' finding alternative housing and will be determined on a case-by-case basis. With regard to mobile homes which cannot be moved to another mobile home park, consideration shall be given to the purchase of such mobile homes by the applicant at their appraised fair market value as determined by a qualified, independent appraiser, as approved by the city, utilizing principles applicable in relocation matters. The foregoing applies whether or not the mobile home owner resides in the unit.
(b) Persons who own mobile homes or who are tenants in the mobile home park at the time notice is given pursuant to section 24-31 will be eligible for relocation assistance as determined in the fully approved relocation assistance plan. Persons who become mobile home owners or tenants after the time notice is provided pursuant to section 24-31 may be eligible for relocation assistance as determined in the fully approved relocation assistance plan.
(6) Proof of service of notice - The applicant shall provide evidence, by proof of service, that he/she has given the notice required by section 24-31 to all applicable residents and coach owners, and continues to give such notice to all new potential residents.
(7) Other information -
(a) The applicant shall provide any other information which the development services director reasonably believes is necessary for the purpose of properly evaluating the mobile home park closure permit request.
(b) The application will not be accepted as complete until and unless all materials required hereby have been submitted.
(`64 Code, Sec. 17.1-52) (Ord. No. 2097)
The development services department shall provide a notice of the hearing date and location, along with a copy of the impact report and relocation assistance plan to each resident of the mobile home park 30 days prior to the commission hearing on the mobile home park closure permit application.
(`64 Code, Sec. 17.1-53) (Ord. No. 2097)
(A) A hearing shall be held on the mobile home park closure permit application before the commission. The commission shall approve the mobile home park closure permit if it finds that:
(1) The conversion, closure, or cessation of use of the land as a mobile home park will not be materially detrimental to the housing needs and public interest of the affected neighborhood and of the city as a whole; and
(2) The measures to reasonably and adequately mitigate any adverse impact of the proposed conversion, closure, or cessation of use on the mobile home park residents who will be displaced will be incorporated as conditions of permit approval.
(B) If either the impact report or relocation assistance plan are found to be inadequate, insufficient, or incomplete, the mobile home park closure permit may be denied without prejudice. If the applicant thereafter cures the deficiencies, the applicant may reapply without payment of a new filing fee.
(C) In passing on and approving any mobile home park closure permit, reasonable conditions may be imposed by the commission to mitigate adverse impacts on mobile home park residents who will be displaced, including but not limited to relocation assistance requirements, phasing of the conversion, closure or cessation of use, bonding requirements, and any other reasonable requirements in the facts and circumstances of the particular permit request.
(`64 Code, Sec. 17.1-54) (Ord. No. 2097)
(A) Written notices will be mailed to all residents residing in the mobile home park by city staff within ten days after the approval of a mobile home park closure permit. Such notice will state all of the conditions of approval of the mobile home park closure permit.
(B) The mobile home park owner shall pay the city's costs of doing said mailing.
(`64 Code, Sec. 17.1-55) (Ord. No. 2097)
A permit may be denied where there is substantial evidence that mobile home park residents have been coerced to publicly support or approve closure, proposed conversion of a mobile home park to another use, or cessation of the use of land as a mobile home park, or to refrain from publicly opposing the same, or to forego any assistance to which they might be entitled.
(`64 Code, Sec. 17.1-56) (Ord. No. 2097)
The mobile home park closure permit granted pursuant to this article shall be valid for a period of two years after approval by the commission or city council on appeal. Any and all rights to close a park pursuant to such a permit shall lapse at the expiration of the permit. The commission may, for good cause shown, grant an extension to the permit. Unless an extension is granted by the commission to delay the closure, the permit shall lapse.
(`64 Code, Sec. 17.1-57) (Ord. No. 2097)
Any interested or aggrieved person shall have the right to appeal the decision of the commission on a mobile home park closure permit request or extension to the city council by paying the appeal fee established by city council resolution and filing a notice of appeal with the city clerk within 21 days of the date of the commission's action.
(`64 Code, Sec. 17.1-58) (Ord. No. 2097)
Upon the approval of the mobile home park closure permit, the mobile home park owner shall serve a notice of termination of tenancy, in accordance with the provisions of Cal. Civil Code, Section 798.56, to each park resident informing them that they will be given two years from the date of the commission's approval of the mobile home park closure permit to terminate their tenancy in the park. The two-year termination period may be reduced to no less than six months or extended beyond two years upon the written agreement of the park owner and residents.
(`64 Code, Sec. 17.1-59) (Ord. No. 2097)
The requirements of this article shall apply to all existing mobile home parks within the city, regardless of any time limitations that may exist with respect to the term of any conditional use permit issued for any mobile home park. The use of any property covered by such a conditional use permit may lawfully continue and the conditional use permit shall be deemed to remain in full force and effect until such time as a mobile home park closure permit for conversion, closure, or cessation of use is granted.
(`64 Code, Sec. 17.1-60) (Ord. No. 2097)
Prior to the commencement of any construction on the property vacated as a result of the approval of a mobile home park closure permit for the conversion, closure or cessation of use of a mobile home park, the owner or developer of the property shall provide the city with an affidavit stating that the conditions imposed on the approval for the mobile home park closure permit have been satisfied, and that all tenancies on the property have been terminated.
(`64 Code, Sec. 17.1-61) (Ord. No. 2097)
No person shall subvert any provisions of this article by coercing the waiver of any rights or privileges created or protected thereby. Any provisions of a lease or agreement which purports directly or indirectly to waive or require waiver of a resident's rights under said sections or which requires prior consent to the conversion, closure, or cessation of use of land as a mobile home park shall be null, void and unenforceable.
(`64 Code, Sec. 17.1-62) (Ord. No. 2097)
The requirements of this article shall not apply to any public agency which is required to comply with the relocation requirements of Cal. Gov't Code, Sections 7260 et seq. due to any displacement of a person or persons from a mobile home.
(`64 Code, Sec. 17.1-63) (Ord. No. 2492)