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(A) All applications pursuant to this section and appeals of decisions of the rent administrator shall be filed on an application form provided by the rent administrator reflecting the various categories of information specified in this initiative that would justify a rent increase. The rent administrator shall have 30 days to determine the completeness of an application and shall notify the applicant in writing within that period of any deficiency in the application.
(B) Written notice of the application or appeal shall be mailed to the affected residents or park owner on the date on which it is determined to be complete. The notice shall inform the affected residents or park owner of the right to submit written, documentary and photographic responses to the application or appeal to the rent administrator within 30 days of the date notice of the application is mailed. One copy of the application shall be furnished to the resident representative of the affected residents or the park owner (whichever is not the applicant or appellant) by the rent administrator together with the notice of the application. Other copies of the application may be obtained by residents or other interested parties upon payment of a reasonable charge. The Commission shall hold a public hearing on the application no later than 75 days after the application is determined to be complete and shall render its decision in writing, including findings of fact, within 90 days after the date the application is determined to be complete.
('81 Code, § 8.48.081)
(A) Every mobile home park shall file an annual registration statement on a form provided by the rent administrator, which sets forth the rent charged for each space in the park, the services included in that rent, and each space that is subject to a long-term lease pursuant to Cal. Civ. Code § 798.17, specified therein and any provisions for periodic increases in rent in such lease no later than February 15 of each year.
(B) The City Council shall adopt fees for the following by resolution:
(1) Annual registration fees not to exceed $2 per space per month based on the number of spaces in the mobile home park to be used for the cost of administering this subchapter. Such fees shall be paid by each park owner to the city at the time the initial and annual statements are filed. The fee may be apportioned equally among the spaces in the mobile home park and charged by the park owner to the residents according to such apportionment in 12 equal monthly installments which may be included with the monthly statement of rent due, but must be separately itemized. This fee shall not be included in the rent base when calculating rent adjustments;
(2) Application fees to cover the costs of processing an application on appeal, including but not limited to, mailing and notice costs, duplication costs, and the cost of an audit by a certified public accountant.
(C) A copy of this subchapter shall be posted in the office of every mobile home park and in the recreation building or clubhouse of every mobile home park. A copy of this subchapter shall be shown to every prospective resident of a mobile home park before the resident agrees to any rental agreement or lease. Verification that each prospective resident has reviewed this subchapter prior to agreeing to any rental agreement or lease shall be provided to the rent administrator by filing with the rent administrator a city certification form signed by the resident.
('81 Code, § 8.48.090) Penalty, see Ch. 13
Editor’s note:
Pursuant to Res. 5416, passed 2-5-01, the annual registration fee shall be $1.00/month.
The rent administrator may adopt rules and procedures to implement the applications, notices, definitions and other provisions of this subchapter, including any forms required in connection therewith, and for the review of rent increase applications and the conduct of hearings. Such rules and guidelines shall be submitted to the Commission for review and approval.
('81 Code, § 8.48.100)
Nothing in this subchapter shall operate to restrict the right of the resident or management to enter into a agreement in accordance with Cal. Civ. Code § 798.17. Pursuant to Cal. Civ. Code § 798.17(c), the resident shall have the option to reject the offered rental agreement and accept a rental agreement for a term of 12 months or less, including a month to month agreement. No owner may require, directly or indirectly, that any resident or prospective resident sign a lease or rental agreement with a term in excess of 12 months or that provides that it shall be exempt from local rent control as a condition of residency in the park, and no owner may deny a tenancy to a prospective purchaser of a mobile home in the park on the ground that the prospective purchaser will not sign such a lease or rental agreement.
('81 Code, § 8.48.105)
(A) Any person who demands, accepts or retains any rent in excess of the maximum rent permitted by this subchapter shall be liable in a civil action to the person from whom such payment is demanded, accepted or retained in the sum of the amount by which the payments demanded, accepted or retained exceed the maximum rent permitted by this subchapter together with reasonable attorney's fees and costs determined by the court. In the case of wilful violation, such person shall be liable for three times the amount together with reasonable attorney's fees and costs. An affected park resident may bring a civil action for declaratory and injunctive relief as well as damages for any violation by a park owner of this subchapter, and the affected park resident shall be awarded attorney's fees and costs if he prevails.
(B) The City Council may institute a civil action to compel compliance with this subchapter. The city shall be vigorous in defense of any and all litigation directed toward this initiative.
(C) If the owner retaliates against the resident because of the exercise by the resident of any rights under this initiative the owner shall be liable for actual damages, punitive damages in the sum of up to $1,000, costs, and reasonable attorney's fees.
('81 Code, § 8.48.110)
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