HomeMy WebLinkAboutRDA Packet 2002/07/09
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CllY OF
CHULA VISTA
TUESDAY, JULY 9,2002
6:00 P.M.
(immediately following the City Council meeting)
COUNCIL CHAMBERS
PUBLIC SERVICES BUILDING
.JOINT MEETING OF THE
REDEVELOPMENT AGENCY I CITY COUNCIL
OF THE CITY OF CHULA VISTA
CALL TO ORDER
ROLL CALL
Agency/Council Members Davis, Padilla, Rindone, Salas; Chair/Mayor Horton
CONSENT CALENDAR
The staff recommendations regarding the following item(s) listed under the Consent Calendar will be enacted
by the Agency/Council by one motion without discussion unless an Agency/Council member, a member of the
public or City staff requests that the item be pulled for discussion. If you wish to speak on one of these items,
please fill out a 11 Request to Speak Form" available in the lobby and submit it to the Secretary of the
Redevelopment Agency or the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be
discussed after Action items. Items pulled by the public will be the first items of business.
1. APPROVAL OF MINUTES - June 4,2002
ORAL COMMUNICATIONS
This .is an opportunity for the general public to address the City Council/Redevelopment Agency/Housing
Authority on any subject matter within the Council/Agency/Authority's jurisdiction that is not an item on this
agenda. (State law, however, generally prohibits the City Council/Redevelopment Agency/Housing Authority
from taking action on any issues not included on the posted agenda.) If you wish to address the
Council/Agency/Authority on such a subject, please complete the "Request to Speak Under Oral
Communications Form" available in the lobby and submit it to the Secretary to the Redevelopment Agency or
City Clerk prior to the meeting. Those who wish to speak, please give your name and address for record
purposes and follow up action.
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by
the Agency, Council, staff, or members of the general public. The items will be considered individually by the
Agency/Council and staff recommendation may in certain cases be presented in the alternative. Those who
wish to speak, please fill out a Request to Speak form available in the lobby and submit it to the Secretary to
the Redevelopment Agency or City Clerk prior to the meeting.
2. ORDINANCE AMENDING CHAPTER 9.50 OF THE CHUlA VISTA MUNICIPAL
CODE RELATING TO MOBILEHOME PARK SPACE RENT REVIEW - On
1/15/02, staff presented to Council a series of amendments to Chapter 9.50
of the City's Municipal Code, Mobilehome Space Rent Review Ordinance.
The amendments proposed addressed concerns regarding difficulties in
implementing and administering the Ordinance, increasing housing costs,
general safety and welfare of residents of mobilehome communities,
providing clearer direction and definitions, and to be consistent with State
Mobilehome Residency law. Testimony of many park residents supported
the major proposed amendments, with the exception of eliminating vacancy
control regulations. Council directed staff to work with representatives of
park residents and park owners on the issue of vacancy control. The
proposed amendments to the Ordinance includes alternative language to
allow for an automatic rent increase upon change of ownership based upon
a fixed percentage or a sliding scale. [Community Development Director]
STAFF RECOMMENDATION: Place the ordinance on first reading.
3. AGENCY/COUNCIL RESOLUTION DIRECTING STAFF TO IMPLEMENT A
CODE ENFORCEMENT PROGRAM FOR INSPECTING MOBILE HOME PARKS
AND PROVIDING FIELD SUPPORT FOR THE COMMUNITY HOUSING
IMPROVEMENT PROGRAM, ADDING ONE SENIOR CODE ENFORCEMENT
OFFICER; AND AMENDING THE FY03 BUDGET AND APPROPRIATING
FUNDS THEREFOR - The preservation and improvement of affordable
housing is critical to the long-term interests of the City of Chula Vista.
Therefore, a proposed new Senior Code Enforcement Officer position will be
assigned the responsibility of conducting inspections of mobile home parks
and providing field assistance to the Community Housing Improvement
Program (CHIP). Due to financial limitations imposed by the State of
California, the existing Title 25 Mobile Home Park Inspection Program is not
staffed at a level that can adequately respond to the deteriorating conditions
found in some of the City's mobile home and trailer parks. This position will
supplement those efforts, and will be funded from a combination of the
General Fund and Redevelopment Low and Moderate Income Housing Fund.
[Community Development Director; Planning and Building Director]
STAFF RECOMMENDATION: Agency/Council approve the resolution.
4. DIRECTOR'S REPORTlS)
5. CHAIR/MAYOR REPORT/S)
6. AGENCY/COUNCIL/AUTHORITY COMMENTS
ADJOURNMENT
The meeting will adjourn to the regular meeting of the Redevelopment Agency on
July 16, 2002, at 6:00 p.m., immediately following the City Council meeting in the
City Council Chambers.
Redevelopment Agency, July 9, 2002
Page 2
AMERICANS WITH DISABILITIES ACT
The City of Chula Vista, in complying with the Americans with Disabilities Act (ADA), request individuals who
require special accommodates to access, attend, and/or participate in a City meeting, activity, or service
request such accommodation at least 48 hours in advance for meetings and five days for scheduled services
and activities. Please contact the Secretary to the Redevelopment Agency for specific information at (619)
691-5047 or Telecommunications Devices for the Deaf (TDD) at (619) 585-5647. California Relay Service is
also available for the hearing impaired.
Redevelopment Agency, July 9, 2002
Page 3
MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
AND A REGULAR MEETING OF THE REDEVELOPMENT AGENCY
OF THE CITY OF CHULA VISTA
June 4, 2002
4:00 p.m.
An Adjourned Regular Meeting of the City Council and a Regular Meeting of the
Redevelopment Agency of the City of Chula Vista were called to order at 5:40 p.m. in the
Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista,
California.
ROLL CALL:
PRESENT:
Agency/Councilmembers: Davis, Padilla, Rindone, Salas and
Chair/Mayor Horton
ABSENT:
Agency/Councilmembers: None
ALSO PRESENT: Executive Director/City Manager Rowlands, Agency/City
Attorney Kaheny, and City Clerk Bigelow
CONSENT CALENDAR
1. APPROVAL OF MINUTES: May 7, 2002; May 14,2002
Staff recommendation: Agency approve the minutes.
2. COUNCIL RESOLUTION NO. 2002-191 AND AGENCY RESOLUTION NO. 1779,
RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY
OF THE CITY OF CHULA VISTA INITIATING THE PROCESS AND SETTING THE
DATE AND TIME FOR A JOINT PUBLIC HEARING TO CONSIDER AMENDING
THE MERGED SOUTHWEST REDEVELOPMENT PLAN TO EXTEND EMINENT
DOMAIN AUTHORITY FOR AN ADDITIONAL TWELVE YEAR PERIOD
The Southwest Redevelopment Plan was adopted on November 27, 1990 in order to
improve deteriorated properties in the areas along Main Street, south Broadway, and
south Third Avenue. Since its adoption, the Southwest Plan has permitted the use of
eminent domain authority to acquire property within the redevelopment area. Under the
provisions of the plan, the Agency's eminent domain authority is restricted to a 12-year
time period following the effective date of the ordinance adopting the Plan. The plan's
eminent domain authority is scheduled to expire on November 27, 2002. However,
California Redevelopment Law allows the Redevelopment Agency and City Council to
amend the plan to extend eminent domain for another 12-year period. The agenda report
outlined the process that must be followed, pursuant to redevelopment law, to effectuate
the proposed amendment; and adoption of the proposed joint resolution initiates the
proposed amendment process, refers the proposed amendment to the Planning
Commission for consideration and recommendation, and sets the time and date for the
joint public hearing to adopt the amendment (Director of Community Development)
Staff recommendation: Agency/Council adopt the resolution.
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CONSENT CALENDAR (Continued)
ACTION:
ChairlMayor Horton moved to approve staff recommendations and offered the
Consent Calendar, headings read, texts waived. The motion carried 5-0.
ORAL COMMUNICATIONS
There were none.
PUBLIC HEARINGS
3. AGENCY PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE
PERMIT (TC-02-02) TO ALLOW THE CONSTRUCTION, OPERATION, AND
MAINTENANCE OF A WIRELESS TELECOMMUNICATIONS FACILITY AT 45
NORTH BROADWAY WITHIN THE TOWN CENTRE II REDEVELOPMENT
PROJECT AREA
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
ChairlMayor Horton opened the public hearing.
ACTION:
There being no one in the audience wishing to speak, Chair/Mayor Horton moved
to continue the hearing to the meeting of June 18, 2002. Agency/Councilmember
Davis seconded the motion, and it carried 5-0.
4. JOINT AGENCY/COUNCIL PUBLIC HEARING TO CONSIDER PROPOSED
DISPOSITION OF CERTAIN PROPERTY (NEW POLICE FACILITY
HEADQUARTERS SITE) BY THE REDEVELOPMENT AGENCY TO THE City of
Chula Vista
On July 10, 2001, the Redevelopment Agency purchased the former Chula Vista
Shopping Center site, at the southeast comer of Fourth Avenue and F Street, for the
development of a new Police headquarters facility. The construction of the facility is
now moving forward. The agenda report serves as a "Swnmary Report" of the proposed
conveyance, pursuant to California redevelopment law; and adoption of the proposed
resolution conveys the subject property from the Redevelopment Agency to the City of
Chula Vista. (Community Development Director)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
ChairlMayor Horton opened the public hearing. There being no members of the public wishing
to speak, she then closed the hearing.
ACTION:
Agency/Councilmember Rindone offered Council Resolution No. 2002-192 and
Agency Resolution No. 1780, headings read, texts waived:
Page 2 CounciVRDA Minutes
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06/04/2002
PUBLIC HEARINGS (Continued)
COUNCIL RESOLUTION NO. 2002-192 AND AGENCY RESOLUTION NO.
1780, RESOLUTION OF THE CITY COUNCIL AND THE
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
CONSENTING TO AND APPROVING THE CONVEYANCE OF CERTAIN
PROPERTY (NEW POLICE HEADQUARTERS SITE) BY THE
REDEVELOPMENT AGENCY TO THE CITY OF CHULA VISTA AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
The motion carried 5-0.
5. JOINT AGENCY/COUNCIL PUBLIC HEARING TO CONSIDER APPROVING THE
SIGN DESIGN CONCEPT FOR THE DOWNTOWN MONUMENT SIGN, AND THE
LOCATION FOR INSTALLATION OF THE MONUMENT SIGN; AND DIRECTING
STAFF TO SOLICIT BIDS FROM QUALIFIED SIGN CONTRACTORS TO
FABRICATE AND INSTALL THE DOWNTOWN MONUMENT SIGN WITHIN THE
TOWN CENTRE I REDEVELOPMENT PROJECT AREA
The downtown monument sign is part of a comprehensive effort to revitalize and beautifY
Chula Vista's downtown core. The idea of establishing a downtown monument sign
came as a result of proactive efforts among downtown stakeholders to implement the
"vision" of establishing downtown Chula Vista as the business, entertaiument, civic, and
cultural focal point of the City. Additionally, recent and proposed downtown
redevelopment, including increased business improvement activities spearheaded by the
Downtown Business Association, has steadily increased the momentum in truly
transforming the downtown core into a vibrant central business district. The agenda
report included the proposed sign design concept and the proposed location.
(Community Development Director)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Community Development Specialist Del Valle presented the proposed downtown monument
sign project.
Chair/Mayor Horton stressed the need to tie the monument sign design into the architecture of
the new Gateway Center.
Agency/Councilmember Rindone stated that the illumination feature of the monument sign
should enhance the community core and suggested that the sun and waves included in the City
logo be more visible within the sign.
Agency/Councilmember Padilla stated that the proposed sign reflects the history of Chula Vista,
and he supported its proposed location within the heart of the City and in close proximity to the
park and Heritage Museum.
Page 3 CouncillRDA Minutes
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06/04/2002
PUBLIC HEARINGS (Continued)
ACTION:
Chair/Mayor Horton moved to direct staff to take into consideration Council
comments regarding the sign design and to ensure that the proposed sign
complements the architecture of the new Gateway building; and she offered
Council Resolution No. 2002-193 and Agency Resolution No. 1781, heading
read, text waived:
COUNCIL RESOLUTION NO. 2002-193 AND AGENCY RESOLUTION NO.
1781, RESOLUTION OF THE CITY COUNCIL AND REDEVELOPMENT
AGENCY OF THE CITY OF CHULA VISTA APPROVING THE SIGN
DESIGN CONCEPT FOR THE DOWNTOWN MONUMENT SIGN, AND
LOCATION; AND DIRECTING STAFF TO SOLICIT BIDS FROM
QUALIFIED SIGN CONTRACTORS TO FABRICATE AND INSTALL THE
SIGN WITHIN THE TOWN CENTRE I REDEVELOPMENT PROJECT AREA
The motion carried 5-0.
Agenda Item #7 was taken out of order and considered at this point.
6. AGENCY PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE
PERMIT (SUPS-OI-05) TO ALLOW THE DEVELOPMENT OF AN AUTOMATIC
CAR WASH WITH ACCOMPANYING AUTO DETAIL CENTER AT 1616 THIRD
A VENUE/304 MONTGOMERY STREET WITHIN THE SOUTHWEST
REDEVELOPMENT PROJECT AREA
Perla Barraza/Smart - Mex, Incorporated proposes to construct an automatic car wash and
lube center at 1616 Third A venue/304 Montgomery Street, within the boundaries of the
Southwest Redevelopment Project Area. The project site is adjacent to a variety of
commercial uses along Third Avenue, such as restaurants, automobile repair and paint
shops, medical offices, storage facilities, and the historic Otay Baptist Church.
(Community Development Director)
Item #6 was considered following Item #7.
Notice ofthe hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Senior Community Development Specialist Tapia presented the owner participation agreement
and special use permit for the car wash center.
Deputy Chair/Deputy Mayor Padilla opened the public hearing. With no members of the public
wishing to speak, he then closed the hearing.
ACTION:
Agency/Councilmember Rindone offered Agency Resolutions 1782 and 1783,
headings read, texts waived:
Page 4 CouncillRDA Minutes
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06/04/2002
PUBLIC HEARINGS (Continued)
AGENCY RESOLUTION NO. 1782, RESOLUTION OF THE
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
ADOPTING MITIGATED NEGATIVE DECLARATION IS-01-38 AND
APPROVING AN OWNER PARTICIPATION AGREEMENT WITH PERLA
BARRAZNSMART-MEX, INCORPORATED FOR THE DEVELOPMENT OF
AN AUTOMATIC CAR WASH WITH ACCOMPANYING AUTO DETAIL
CENTER AT 1616 THIRD AVENUE/304 MONTGOMERY STREET WITHIN
THE SOUTHWEST REDEVELOPMENT PROJECT AREA
AGENCY RESOLUTION NO. 1783, RESOLUTION OF THE
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
GRANTING A SPECIAL USE PERMIT (SUPS-OI-05) TO PERLA
BARRAZNSMART-MEX INCORPORATED FOR THE DEVELOPMENT OF
AN AUTOMATIC CAR WASH WITH ACCOMPANYING AUTO DETAIL
CENTER AT 1616 THIRD AVENUE/304 MONTGOMERY STREET WITHIN
THE SOUTHWEST REDEVELOPMENT PROJECT AREA
The motion carried 4-0, with Chair/Mayor Horton absent.
Agency/Councilmember Rindone left the meeting at this point, 6:45 p.m.
7. PUBLIC HEARING TO CONSIDER GRANTING AN OWNER PARTICIPATION
AGREEMENT AND SPECIAL USE PERMIT WITH ANTHONY RASO FOR THE
DEVELOPMENT OF A 8,664 SQUARE FOOT RESTAURANT AND GAME
CENTER (LA BELLA CAFE AND CALIFORNIA GAME CENTER) AT 289 G
STREET WITHIN THE TOWN CENTRE I REDEVELOPMENT PROJECT AREA
On December I, 2001, Agency staff received an application from Anthony Raso for a
new restaurant/game center (La Bella Cafe and California Game Center) to be located at
289 G Street in the Town Centre I Redevelopment Project Area. Pursuant to the Town
Centre Land Use Policy, the game center land use requires a special use permit approved
by the Redevelopment Agency Board. In addition, new construction requires the
concurrent approval of an owner participation agreement for development of the project.
(Community Development Director)
Item #7 was taken out of order and considered prior to Item #6.
Redevelopment Manager Estes presented the request for the owner participation agreement and
special use permit for the La Belle Cafe/California Game Center.
Chair/Mayor Horton opened the public hearing.
Anthony Rasa explained the proposed project, including the design and customer focus of the
game center.
Marla Bacon spoke in support of the proposed project, stating that it was important to provide a
safe environment for the youth and families in the community.
At this point, 6:30 p.m., Chair/Mayor Horton left the meeting.
Page 5 Council/RDA Minutes
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06/04/2002
PUBLIC HEARINGS (Continued)
There being no further members of the public wishing to speak, Deputy Chair/Deputy Mayor
Padilla closed the hearing.
ACTION:
Agency/Councilmember Rindone offered Agency Resolutions 1784 and 1778,
headings read, texts waived:
AGENCY RESOLUTION NO. 1784, RESOLUTION OF THE
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
APPROVING AN OWNER PARTICIPATION AGREEMENT WITH
ANTHONY RASO FOR THE DEVELOPMENT OF A 8,664 SQUARE FOOT
RESTAURANT AND GAME CENTER (LA BELLA CAFE AND
CALIFORNIA GAME CENTER) AT 289 G STREET WITHIN THE TOWN
CENTRE I REDEVELOPMENT PROJECT AREA
AGENCY RESOLUTION NO. 1778, RESOLUTION OF THE
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
APPROVING A SPECIAL USE PERMIT FOR THE DEVELOPMENT OF A
8,884 SQUARE FOOT RESTAURANT AND GAME CENTER (LA BELLA
CAFE AND CALIFORNIA GAME CENTER) AT 289 G STREET WITHIN
THE TOWN CENTRE I REDEVELOPMENT PROJECT AREA
The motion carried 4-0, with Chair/Mayor Horton absent.
ACTION ITEMS
8. REPORT ON THE PROPOSED CONCEPT FOR THE AUTO PARK RIGHT-OF-WAY
DESIGN AND PHASE II LANDSCAPED MEDIAN DESIGN ON MAIN STREET
EAST OF 1-805 FROM NIRVANA ROAD TO HERITAGE ROAD IN THE OTAY
VALLEY REDEVELOPMENT PROJECT AREA
Main Street, east of 1-805, is among the primary entryways to Chula Vista. Many
residents and visitors from outside the community travel this stretch of roadway to attend
concerts at the Coors Amphitheatre, take day trips to Knott's Soak City, and visit the
Chula Vista Auto park and other businesses in the area. In 1999, landscaping
improvements were installed in the median between Nirvana Heritage Roads. Phase II of
the project is already funded through an existing capital improvement project. The
purpose of the report and presentation is to provide the Redevelopment Agency and
public an opportunity to review the proposed designs for the Auto Park right-of-way and
the phase II landscaped median design provide direction to staff accordingly.
(Community Development Director)
ACTION: Agency/Councilmember Davis moved to continue the item to the meeting of June 18,
2002 (if all Councilmembers will be present). Agency/Councilmember Salas
seconded the motion, and it carried 3-0, with Chair/Mayor Horton and
Agency/Councilmember Rindone absent.
Page 6 CouncillRDA Minutes
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06/04/2002
OTHER BUSINESS
9. DIRECTOR'S REPORTS
a. REPORT: ST. ROSE OF LIME EDITORIAL
ACTION:
Agency/Councilmember Davis moved to accept the report. Deputy Chair/Deputy
Mayor Padilla seconded the motion, and it carried 3-0, with Chair/Mayor Horton
and Agency/Councilmember Rindone absent.
10. CHAIRlMAYORREPORTS
There were none.
11. AGENCY/COUNCIL COMMENTS
There were none.
CLOSED SESSION
12. CONFERENCE WITH LEGAL COUNSEL SIGNIFICANT EXPOSURE TO
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B)
Two cases
ACTION: Direction was given to Counsel.
13. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A)
a. City of Chula Vista v. Guillermo Rodriguez, DDS, et al. (Adams Dentistry) SDSC
Case No. GIC781297
No action was taken on this item.
b. City of Chula Vista v. Curtis Bradford, et al. (Mrs. Cook and Lugs) SDSC Case No.
GIC781296
ACTION: Direction was given to Counsel.
ADJOURNMENT
At 7:10 p.m., Deputy Chair/Deputy Mayor Padilla adjourned the meeting to the Regular Meeting
of the Redevelopment Agency on June 18, 2002, at 6:00 p.m., immediately following the City
Council meeting.
~ lu ~~...Lcv-
Susan Bigelow, CMC/AAE, City Clerk
Page 7 CouncillRDA Minutes
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06/04/2002
PAGE 1, ITEM NO.: ;;2...
MEETING DATE: 07/09/02
CITY COUNCIL AGENDA STATEMENT
ITEM TITLE:
CONSIDER A SERIES OF AMENDMENTS TO MUNICIPAL CODE
CHAPTER 9.50
ORDINANCE AMENDING CHAPTER 9.50 OF THE CHULA VISTA
MUNICIPAL CODE RELATING TO MOBILEHOME PARK SPACE
RENT REVIEW
SUBMlnED BY:
REVIEWED BY:
CITY MANAGER
~
4/5THS VOU: YES D NO 0
BACKGROUND
On January 15, 2002, staff presented to City Council a series of omendments to Chapter 9.50 of
the City's Municipal Code, Mobilehome Space Rent Review Ordinance ("Ordinance"). These
amendments were proposed to address concerns regarding difficulties in implementing and
administering the Ordinance, increasing housing costs, general safety and welfare of residents of
mobilehome communities, provide clearer direction and definitions, and to be consistent with
State Mobilehome Residency law.
At that meeting, Council accepted public testimony regarding the proposed amendments.
Testimony of many park residents supported the maior proposed amendments, with the exception
of eliminating vacancy control regulations. Many residents assert that without regulations, park
owners would be free to raise rents at their discretion and could potentially result in a loss of the
resident's investment in their mobilehome. Council did not adopt the proposed amendments that
evening. Rather, Council directed staff to work with representatives of park residents and park
owners on the issue of vacancy control, and bring forward the proposed amendments for
consideration in two weeks.
On February 5, 2002, the City Manager presented to Council a request from Mr. Jack Doyle,
representing the Western Manufactured Housing Communities Association, for a 60-day
continuance in order to allow further dialogue and review of the vacancy control issue. On June
11, 2002, Council directed staff to return within a reasonable period of time with alternatives to
the City's existing vacancy control regulations.
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PAGE 2, ITEM NO.:
MEETING DATE: 07/09/02
At this time, staff is presenting the proposed amendments to the Ordinance, along with
alternative language to allow for on automatic rent increase upon change of ownership based
upon a fixed percentage or a sliding scale (see Exhibit 1).
RECOMMENDATION
It is recommended that the City Council place on first reading and adopt the ordinance
amending Chapter 9.50 of the Chulo Vista Municipal Code to limit the annuol permissive rent
increase for current mobilehome residents, ensure compliance with Code requirements when rent
increases are in excess of the annual permissive, no substantive amendments to the vacancy
control regulations, and reformat and clarify processes and definitions.
BOARDS/COMMISSIONS RECOMMENDATION
The proposed amendments to Municipal Code Chapter 9.50 are related to policy direction.
Therefore, such changes require consideration first by the City Council. The role of the
Mobilehome Rent Review Commission is to implement this Chapter as an independent arbitrator
of the facts and to resolve those disputes of space rent increases in excess of the Consumer Price
Index. The Commission was not requested to provide a recommendation of the proposed
amendments to maintain the independence and objectivity of the Commission in reviewing rent
disputes. The Commission members have been apprised of City staff's efforts to amend Chapter
9.50.
DISCUSSION
Chapter 9.50 of the City's Municipal Code (Mobilehome Space Rent Review Ordinance) was first
enacted in May 1982 as a process for the negotiation and mediation of rent increases for mobilehome
communities. In 1989, the Ordinance was amended to include a process for rent review upon change
of ownership of mobilehomes that were to remain within the park.
With the assistance of staff and outside legal counsel, Council member Padilla has been working
over the past few years on revisions to the Ordinance to address difficulties in implementing and
administering the Ordinance, increasing housing costs, and the general safety and welfare of
residents of mobilehome communities.
The major amendments proposed to Council on January 15, 2002 included the following:
1) Limiting the annual permissive rent increase (Section 9.50.050);
2) Compliance with Code requirements when the rent increase exceeds the annual permissive
(Section 9.50.079 thru 9.50.082);
3) Greater specificity to the factors to consider for rent increases in excess of the annual
permissive (Section 9.50.073);
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PAGE 3, ITEM NO.:
MEETING DATE: 07/09/02
4) Elimination of all regulations related to rent increases upon change of ownership and right to
mediate the resale price of a mobilehome, known as "vacancy decontrol" (Section 9.50.077
thru 9.050.078);
5) Monitoring of space rents on an as needed, case-by-case basis (Section 9.50.050 C); and,
6) Reformatting and greater clarity of processes and definitions.
A more detailed discussion of the proposed amendments was provided in the previous staff
report for the January 15, 2002 meeting. Exhibit 2 summarizes each proposed revision for
Council's review.
Testimony was provided and comments received that, in general, supported the amendments.
However, significant testimony and discussion centered on the elimination of all regulations
related to rent increases upon change of ownership of a mobilehome. Council did not approve
the proposed amendments and directed staff to work with representatives of park residents and
park owners on the issue of vacancy control/decontrol. Therefore, the balance of this report
centers on the vacancy control/decontrol issue.
Park Owner and Park Resident Comments
Staff has since met and discussed with the various representatives the issue of rent increases upon
change of ownership of a mobilehome (refer to Section 9.50.079 thru 9.50.082). More
specifically, on June 19, 2002, City staff met with representatives of the mobilehome park owners
and on June 21,2002, staff met with representatives of mobilehome park residents.
During the course of these discussions, it was evident thot consensus on an acceptable approach
to an automatic permissive rent increase upon change of ownership could not be reached. Park
owners want some certainty to rent increases upon change of ownership rather than depending
on the objectivity, reasonableness, experience, and expertise of the Commission members and
the rent review process. No consensus could be reached with park residents. Some felt that the
existing process was fair, others wanted a sliding scale, and others felt that no increase on
change of ownership is warranted.
At this time, staff is recommending no substantive reVISions to the current process for rent
increases upon the change of ownership of a mobilehome, with the exception of allowing no rent
increases for interspousal transfers. Currently, the Ordinance allows park owners to increase
space rents upon change of ownership without any dollar limitations but subiect to the proper
noticing of the rent increase and a resident's right to challenge the increase. Staff is
recommending reformatting and language changes that will provide greater clarity to park
owners and residents of the process for noticing of increases in excess of the annual permissive.
California Jurisdictions with VaCanCY Controls
Staff has reviewed vacancy control regulations throughout California. Currently, 94 jurisdictions
throughout California have in place rent stabilization ordinances for mobilehome/trailer park
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PAGE 4, ITEM NO.:
MEETING DATE: 07/09/02
communities. Of these communities, 49 jurisdictions have regulations related to rent increases
upon change of ownership. The other 45 iurisdictions do not regulate rents upon change of
ownership.
Of the 49 jurisdictions with vacancy control, 32 allow no increases at all and 17 allow some level
of increase. Only two jurisdictions allow increases up to 25 percent and four jurisdictions allow
increases up to 15 percent. The remaining eleven (out of the 17) allow more limited rent
increases of 5 to 10 percent or up to the average rent of comparable spaces within the park.
Jurisdictions
Vacancy Control No. %
No Rent Increases Upon Change in Ownership 32 65%
Permitted Rent Increase Upon Change in Ownership 17 35%
Up to 5% 3 18%
Up to 10% 4 24%
Up to 15% 4 24%
Up to 25% 2 12%
Up to Avg Rents 4 24%
TOTAL 49 100%
The City of Chuta Vista is the only jurisdiction with 0 resident driven process thot allows for an
unspecified rent increase with the resident's right to chollenge such increase before the
Commission. Should residents not challenge rent increases, the City will not set rents. This
process is viewed os more flexible and fair to both the mobilehome park owner and resident
rather than rigid systems thot require the City to approve all rent increases bosed upon
application of the park owner and justification of such rent increase or use of a one number fits
all approach.
Current Rents o' Chula Vista Mobilehome/Trailer Parks
In order to determine the impact of various alternotives for allowing rent increases upon change
of ownership, staff has reviewed the existing Year 2002 rent schedules for 17 of the City's 32
mobilehome/trailer parks. Four of the seventeen parks reviewed were trailer parks (see
Attachment 3).
Based upon staff's review, there appears to be no standard for space rents from park to park and
within a park itself. For example, the average rent for the four trailer parks reviewed were $232,
$284, $292, and $369 per month. Rents for these trailer parks ranged from $207 to $534 per
month. The average rents for the identified family parks is $378 per month and $382 per month
for the senior parks. In one mobilehome community for families, rents averaged $441 per
month and ranged from $289 to $672 per month with no rationale as to the disparity in rents.
O<.-c./
PAGE 5, ITEM NO.:
MEETING DATE: 07/09/02
In general, staff has found that some of the older trailer park communities, with little, if any,
amenities and smaller lot sizes are charging similar and camparable rents as other mobilehome
parks in better physical condition with higher quality services and amenities. The mare well
maintained communities have tended to keep rent increases consistent with the CPI while others
have not. While the senior parks reviewed had slightly lower average rents than family parks,
family parks had an overall rent range that was higher. Lastly, the senior parks reviewed tended
to be better maintained.
With a resident driven system, the ordinance encourages 0 voluntary ogreement of rents and a
lack of City involvement unless challenged by the resident. Therefore, residents, both new and
existing, have the ability to negotiate with the park owner regarding rent increases. Some
residents may be willing to accept higher rents. Some may have better negotiation skills. Others
have a lack of knowledge. Additionally, the City has a limited ability to monitor space rents.
These various factors have led to a disparity in rents fram space to space within a park and from
park to park.
In order to address this disparity of rents, staff is presenting alternative processes for Council
consideration that may bring parks up to a more level playing field upon change of ownership.
Fixed Rent Increase of Up to 10. 15 or 25 Percent
In analyzing the impact of a fixed percentage rent increase, it is evident that such an increase
would only exacerbate the disparity in rents already existing for some parks and would allow
those parks and/or individual spaces already at market or above market to raise rents higher
than the market with the sanction of the City and leaving the mobilehome seller with no right to
challenge the rent.
Based upon the existing Year 2002 rent schedules reviewed, a 15 percent increase could have
the potential to raise the average monthly rents for trailer parks to $338 and the rent range from
$238 to $614. Similarly, for family parks, average monthly rents would increase to $434 and
the rent range would be from $315 to $773. For senior parks, a 15 percent increase would raise
the average monthly rents to $439 and the rent range from $282 to $667.
In some of these situations, the space rents are so low because the resident has been occupying it
for many years. Upon the change of ownership of such a mobilehome a significant rent increase
may be warranted. For example, if the previous long term resident was paying $245 per month
and market rents were now $400 per month, a park owner would need to propose a 63 percent
rent increase to bring this rent more in line with the market.
In some circumstances, the rents are already very high and an automatic increase is not
necessary. For example, if a resident was paying $672 per month at an average mobilehome
park and market rents for this type of park is $475 per month, a 25 percent rent increase upon
change of ownership (increase to $840 per month) is not necessary since the rent is already
significantly high.
o<-~
PAGE 6, ITEM NO.:
MEETING DATE: 07/09/02
Fixed percentage rent increases will do little to bring rents in line with the appropriate market
rent. Until rents are equalized or adjusted for typical market cansiderations such as single wide
versus double wide, view, corner ar interior lats, or proximity to services ond amenities, applying
an automatic rent increase upon change of ownership to existing rents that are already
inequitable serves only to exocerbate the disparity.
However, estoblishing on automatic rent increase would provide some level af certainty of
expected rent increases for both mobilehome park owners and residents. It is proposed that the
vacancy control regulations maintain 0 park owners obility to propose rents in excess of the
automatic so long as the appropriate written notices to both the seller and buyer are provided
and residents maintain their ability to challenge such increases. This would assist those parks
where rents are below market and significant rent increases are warranted.
Such fixed percentage rent increases should be considered in situations where rents are fairly
consistent or if other controls were also established, such as a "not to exceed" requirement. A
more conservative automatic rent increase of 5 to 10 percent could be considered where there is
such a disparity in rent because the increase is minimized.
Fixed percentage rent increases are used by 27 percent of those jurisidictions with vacancy
control regulations. The majority of those jurisdictions allowing rent increases upon change of
ownership (11 out of 17 jurisdictions or 65%) use a fixed percentage of 15 percent or less.
Slidina Scale Rent Increase
A sliding scale approach to rent increases could address the issue of disparity in rents. In such a
scenario, rents, which are lower, would receive a higher increase and those thot are at the high
end would receive a limited rent increase, with the intent of bringing rents to a consistent level.
The sliding scale could be based upon number of years of residency such as a 10 percent
increase for those residing of 0 to 5 years in the park, a 15 percent increase for 6 to 14 years of
residency and, a 20 percent increase for those residing 15 or more years. Other options include
increasing rents by the necessary amount to bring rents up to the average rent within the park.
This alternative would also provide both park residents and owners with some certainty of the rent
Increase.
Any sliding scale increase would require a greater dedication of City staff time and resources and
cooperation from park owners to ensure proper implementation of the automatic rent increase.
There is also a possibility that those parks and/or individual spaces already at market or above
market would be able to raise rents higher than the market with the sanction of the City and
leaving the mobilehome seller with no right to challenge the rent. lastly, the City would need to
establish a justifiable and rationale linkage of the sliding scale to rent increases.
0<-'"
PAGE 7, ITEM NO.:
MEETING DATE:
07/09/02
City of Chula Vista ExistinQ Vacancy Controls
It is staff's opinion that the City's form of vacancy control is a fair and flexible process that tries to
balance the park resident's and park owner's investment in their property and provides the City
with the most legal protection. Currently, the Ordinance allows park owners to increase space
rents upon change of ownership, subject to noticing requirements of the rent increase.
Additionally, there are no limitations on the amount of the increase. However, such increases are
not considered automatic.
The park owner must send a written notice of a rent increase to both the seller and buyer and
inform them of their right to have such rent increase reviewed by the Commission. All parties
have the ability to voluntarily negotiate an appropriate rent increase.
For example, if the previous long term resident was paying $245 per month and market rents
were now $400 per month, a park owner could propose a rent increase to bring this rent more in
line with the market. The park owner would iust need to provide the proper notice. The seller or
buyer would be free to accept this rental rate or negotiate another rate. If the parties are unable
to agree to a fair and reasonable rent, the seller or buyer has the option of having such rent
reviewed and determined by the Commission.
The City has been involved in a limited number of disputes anslng from rent increases upon
change of ownership. The right to appeal such rent increases has rarely been invoked with the
exception of two specific parks. The Commission has heard a total of seven cases of rent
increases upon change of ownership within a five year period.
It is evident that in all other cases, outgoing and new residents have negotiated and/or agreed to
new space rents voluntarily without involving the Commission. This voluntary negotiation of rents
tends to perpetuate rent disparities; those with good negotiation skills and access to knowledge
may work out better deals than those with limited skills and knowledge.
With greater public awareness of vacancy control regulations, more residents may request a
hearing before the Commission. In the short term, residents and park owners may want to avail
themselves of the review process. However, the time and resource commitment involved in the
rent review process can be significant. Staff feels that so long as rent increases are reasonable
and within market rents for similar and comparable communities, residents and parkowners will
negotiate and voluntarily agree to a space rent.
Should such cases be brought to the Commission for resolution, the Commission has the
discretion of setting rents. In previous cases, the Commission set rents for individual spaces in
Otay Lakes Lodge based on the varying attributes of the space and comparable rents. For Don
Luis Estates with a more standard rent structure, the Commission approved a one time fixed rent
increase for all spaces which change ownership within a three-year period based upon
comparable rents. Therefore, in practice, the Commission has used the alternatives for vacancy
c2 -7
PAGE 8, ITEM NO.:
MEETING DATE:
07/09/02
control presented but has made the determination of the best approach on a case-by-case basis
taking into consideration the individual attributes of the space and park.
Because the Commission reviews these rent increases on an individual space or park basis, this
approach is time and resource intensive for both staff and the Commission. Lastly, the process is
dependent upon the objectivity, reasonableness, experience, and expertise of the Commission
members. Should any of these qualities be lacking, the Commission could review rent increase
disputes differently from their past and current process.
CONCLUSION
Stoff is recommending the proposed amendments to Chapter 9.50 of the Chula Vista Municipal
Code attached as Exhibit 1. These amendments include limiting the annual permissive rent
increase for current mobilehome residents, ensuring compliance with Code requirements when
rent increases are in excess of the annual permissive, requiring no substantive amendments to the
vacancy control regulations, reformatting and clarifying processes and definitions, and ensuring
consistency with State law.
Staff's recommendation is based upon a desire to provide a rent increase process that is fair and
flexible to both park owners and residents and is effective in maintaining this fairness. The
major revisions proposed, inspection of those parks looking at rent increases in excess of the
permissive CPI and the limitation of rent increases when the CPI exceeds 3 percent, are viewed as
necessary to encourage a fair return on the resident's rental dollar. Maintaining the existing
process for rent increases upon change of ownership provides a fair and flexible process to
balance and protect the investment of park owners and residents by allowing rent increases upon
vacancy to minimize financial burden on the existing resident while allowing the existing and new
resident to challenge those increases that are beyond a reasonable space rent. Lastly, those
revisions proposed as general clean-up/housekeeping in nature are required to ensure the
proper implementation and administration of Chapter 9.50.
FISCAL IMPACT
The proposed revisions will result in an increased staff commitment of time and resources for the
investigation and determination of serious code violations for those parks requesting rent
increases in excess of the annual permissive rent increase. It has been determined that the
Planning and Building Department will require an additional 1.0 FTE inspector to implement the
proposed revisions to Chapter 9.50, the Title 25 inspection program, and the Community
Housing Improvement Program (CHIP). The work priority of this position will be based upon
need.
City Council and the City's Redevelopment Agency will be asked to consider the funding of one
additional building inspector/code enforcement officer to implement the proactive code
enforcement program for mobilehomes and the CHIP this evening as a separate agenda item
immediately following consideration of these proposed amendments.
.;2-~
PAGE 9, ITEM NO.:
MEETING DATE: 07/09/02
ATTACHMENTS
1. Proposed Ordinance amending Municipal Code Chapter 9.50 - Redline/Strikeout Version
2. Proposed Ordinance amending Municipal Code Chapter 9.50 - Clean Version
3. Summary of Proposed Revisions to Chapter 9.50
4. Summary of Rent Schedules
(LHines) J:\COMMDEV\STAFF.REP\07-09-02\A 113 MH Rent Ord Revisions-Vacancy.doc
02- 9
ATTACHMENT 1
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHAPTER 9.50 OF THE CHULA VISTA MUNICIPAL CODE RELATING
TO MOBILEHOME PARKS SPACE RENT REVIEW
The City Council of the City of Chula Vista does hereby ordain as follows:
SECTION 1: That Chapter 9.50 of the Chula Vista Municipal Code is hereby amended to read as
follows:
Sections:
9.50.001
9.50.005
9.50.010
9.50.012
9.50.015
9.50.020
9.50.030
9.50.040
9.50.050
9.50.060
9.50.063
9.50.064
9.50.065
9.50.066
9.50.067
9.50.068
9.50.070
9.50.073
9.50.075
9.50.076
950.077
9.50.W6(178
9.50.079
9.50.080
9.50.081
9.50.0S2
9.50,(185
9.50.087
9.50.090
9.50.092
9.50.ll78093
Chapter 9.50
MOBILEHOME PARK SPACE-RENT REVIEW
Findings.
Purpose.
Definitions.
General Applicability and Exemptions.
Applicability sf Chapter 9.51) to Recreational Vehicles.
Legal ReQuirements and Procedures Created.
Pef4H-it-ieH&, Moved to g.50.0l0
Repealed.
Annual Permissive Rent Increases and Notices of CPI, Rent Increases. (And Right to
Mediate the PHf€RaSe Priee of a I\10bildwme Replaced by 9.,,0.(76).
Repealed.
Rent Increases "Jithout Change of Ownersffi.rAbove the Annual Permissive Rent
Increase. (Previously known as 9.50.065).
Owner Meetings and Possible Voluntary Negotiations. (Pre'/oHsly known.15 'J."O.O"O).
Moved to 9.50.063.
Request fQir Hearing Form.
llcAllncreascf Upon Change of O".nership. Moved to 950.077
Moved to 9.50.050
Initiation of Space Rent Review.
Factors to Consider in Fixing Space Rent Through the Hearing Process.
Fixing of Space Rent in Excess of the Permissive Rent Increase.
Nelv and l'rostleclive Mobileholne Residents.
Vacancies and Rents Upon Change of l\1obHl:.dlOme (}wne]"ship.
Right to Mediate Mobilehome Resale Price.
Findings Regarding Serious Code Violations.
Notiee of Serious Code Violations.
Proposed Space Rent Increases at a Time \tVhen There Exist Serious Code Violations at a
Park.
Denial or Reduction of Rent Increases Based Upon Serious Code Violations.
Compliance with State Law and City Posting and Disclosure Requirements.
(previouslv known as 9.50.012)
Implementation Guidelines.
Mobilehome Resident's Right of Refusal.
Retaliatory Eviction.
Criminal :'.dsRepealed.
1.,;:}-10
9.50.08095
9.50.081100
9.50Jl1l3102
9.50.WH05
9.50Jl9ll110
9.50.10015
9.50.H~0
Repealed. (Previouslv known as 9.50.080)
Civil and Administrative Remedies. (Previouslv known as 9.50.081)
Criminal Remedies. (Previouslv known as 9.50.083)
Repealed. (Previouslv known as 9.50.085)
Repealed. (Previously known as 9.50.090)
Severability. (Previously known as 9.50.100)
Repealed. (Previously known as 9.50.110)
9.50.001
rindil1gs.
A. 'Tlk> Citv Council finds that there is LJresentlv, \vithin the City of Chula Vista, d shortage of
rental SOllees for the location of mobilehOlnes, and an inade~uate lllL111ber of lllobilehomc rental SDdces to
meet the total demand in this Citv for those spaces. The Citv Council finds that this Ihnited sUl.-1plv oj
mobilehome spaces in this City has resulted in low vacancy rates and contribute'S tl1e'scalating space rents in
a lnanner that \voldd, in the absence of regulation, alk)\\' for unconscionable incn:dses of rents to
111obileholllcpark resilients.
H. The Citv Council further finds t11<:1t the unique nature of the' lnv!lership 01 ,1 mnhilehotlll'
\,yithin d Dlobilchonli.:"park lnakcs nlObilehOl11c O'ir\TH:~rsparticllli:lrlv ,-'uln('rable t() the threat of loss t)f their
inVCSTIncllt in their IHobilehOllle. Due to the high cost of nlovin~~ lllobileholnes; the potential for dal11a~l'
resulting frOTH lllovinr ITlobilehol11cs; the relluirements fur instdlIl!lp; ,1 IllobilehOl11e, including pennits,
landscaping and site l."1fl"l.1aration; the lack of alkrnative home-sites for lllobilehomc o\vners; dnd the
substantial invesbnent IllObildl01neC)\Vners HI<:lkf' in l:h(~ir ((laches, rnl..lbilc!lcl])l(" u\vn('(:-. lack t-he abUiil' je>
m()vc theirJllnobilH~r' uf nlobilehOlnes without a substantial loss in their irl\'l'stllll'nt. I'llis lill'k. of' lnobility,
coul~Ied with <:1, shortaQ~e of rental spaces, provides park owners \vit11 the ability to establish excessive and
unc(JIlscionable rents which, if unn'l~ulc1tccl, -\voltlcl result ill tlw inl1Ja.irmcnt ()f a ll1obilchol1lc o\\'ner!s
investment in their home.
IlH,\ City ( (lunciJ turthcr hnds [hi'lL UK' Jinrjtcd ~;upph ,,'i:'tlO!'lkii;'1l1C- h'nl,l; "'(;l' S d'/tliiJl\H'
ill thi;, ('ii\' ;\(\111(1, in HIe' dbst'IlCe pi SPdC(' rent l\~\tuidtion, aliI)\-\ ior an Ui1C()ll~l-jOthlbk;\ ,', ,'I [-he fI'sa[l.'
vdlue l,f Inobilchol1lt,S b\' (',<iStiIH~ Inobileh(nne park resIdents
L). l'lw City Council further finds thdt mobill'hcnnes cOHlprisc a signifit..\1nt fornl of housinp;
available 'within the eitv of Chula Vista and can be a nlore affordable housin}~ choice th<1n l-l1."1artnlcnts or
sinde-falnilv hOIllCS. 'T'he City Council finds that the sllPk11v of both lllobileholnc spaces dnd InobilehuJ11L's
available for rent is not adequate to tHeet the denland, and that as a result, the lintitC'd supp!v ()f sllch SL)aCeS
and 1l1obilehOlnes contributes to escalating rents in a lllanner that \NOldd., in the absence of regulation, result
in the elimination ofmobilehOlnes as a source of affordable housing.
I rIle City C'-ouneiI further finds thdt tlwl"e exists serious health and safdvissues in ~;Ul1W
llHlbill'holllC Pdrks \,vithin this City \'vhich constitute violations of the City's i\hmicipal ('ode dad/or Statl'
law. Tht~ Citv Council finds that increases in rents in t~Xcess of the dJ1J1ual 1.-1(,1'111is5i\/(\ rent increase for D.1rks
\vl1C're there exists such s~~rious violations would, in the absence of revulatioll, alluw for all ullconst.:iolldble
benefit to the pdrk owner to the deb'iInent of the health, safety, ilnd "",eHare of mobilehome resident,;. As
more fullv set forth in Section 9.50.079 of this Chapter, the City Council finds that the provisions of this
Chapter win 01'011101'(:' and rC(TUire a 1111nilnal level of health and saEctv conditions in those Inobilchol1w
parks seekin~~ rent increases in excess of the aIulual penHissive rent increase "",hill' also allo\ving park
owners sufficient tit11e and revenue to meet these miniInal requirc'ments.
2
d) - / I
F, 'rhe City Council further finds that, because I11obilehoI11t' parks .:cneralll' have costs of
op~~ratioll which an:~ considcrablv Jess than total pross il1(,01[10, it is not ncccssarv to <11]0\\/ (111 dll tornatic 1 U{)'X,
COnSUll1ef Price [ndl'x (epI) annual rent increase ill order for mobilchol1lt' pdrk tnVllcrs to be dbJe to
111aintain a bir, iust, and reasonable rent. A nunlber of cities in Californi,l do, in fact, limit annual rent
illc}"e(lSL'S \vithout a H'vic\\' Of Iwarinvhy the ell\' , tu .75 times the (,Pi dnd / ur provide d llldXimu1l1
allowable rent increase. Thcn~fore,it is dPDroPl"ldtc to require iustification fell' an\, n'nl incrcdL.;'-' in ('xcc% of
the mlliual pcrrnissive rent increase as set forth in this ChalJter.
9.50.005 Purpose.
A. I'hl' Cit\' Council intends b" this Chapler to create a process 10 pfPtect both 111obilchomc
p.nk U\'\TllTS and J11obiIehollH.' park residents from excessive llnd unconscionable rent inCrl'dSC" \vhile
sinuIJti.Ull'OllSlv recognizing and providing for the need of 1llObild1011l1' pdrk tl\,vners to receive a just and
reasonable return em their 1-'1r01--1crtv.
B. [he eiiV' Council intends bv this Chapter: (l) to prevent cxistill}~ 111obilchomv OWlll..'1'5, \'\'ho
arc rendered largclv inG1Pi.:lblc of moving their IHobilehlH11es \vithout suffering a snL\<;lt1utLlj :u,";'~ tll dh'ir
vdluc, from loss of UK'}r investment and the resale value 01 their 1l1nbilehnllws due to tIll' 1,1\1 fJut a nc\\'
IllObilf>Jlo1ne resident is b('ine: ch,uved excessive.. rents; (2) to Drotect and prOlnote H1E-' clvdilabilitv of
lIlobilehOlnes as a source of affordable housing; and (3) to encourage conll.lliance \vitb code IT'tlttln_'lnl'nts
attti, to protect the public health, safety, and \velfa1'c of InobilehOlne park residents, and to provide for a fair
return on the Dark o\\'n('1's' in\'('stn11.:'nt 50 that cOlnpIiancc with oxIc reouirements arc financiallv feasible ill
sllch circumstcHlCl'5 \vhere a rent incrcast' in excess of thl' dl1nu<11 pc'nnissivC' rent illlTe(1Se is P1'\lPoscd.
c. 'rhe City Council intends for the prucedures containl'd in this Chapter [-0 vrnvide a
lllcchdnislll lor the fe'solution of disputed increases in rents bv makin\~ it ,-ldv(lntiWJ'OUS lC'J' !nobikhonw
park residents and lllobileholne park 0\'\'n('1'5 to establish a better undl:rstandin\T of each \)ther's vositions
whidl \1\'111 result in agrE'en1cnt on the dlnount of rent to he chilT~~l'lL The proc('durl~5 of tilL' nrel1JldllC(l dn'
established 'with the intent that they be accolTIolished in a tinle1v fashion. Tlw ~--'i1rtici1--ldhn~~ partil:s shaf]
cOnlInit to the \Loal that thc entire dis1----,ute resolution 1-Jrocess be cOBlnleted 'within Ol1e hundred twent\' (l2())
days follo\lving recci1---,t of a disputed notice of rent increase.
The cit:; i"tcndco by this cha,1f{'1' to mailotilin a ,apply of afford"~11c I,ou, In,;, The city council finds thai
thUT i,; ,.111 ,~mplc .;uppl~, of aparhr.cnL' for rent ~1nd that: the ~1p,]rtrnent rn~HLct: pbCl do(~; not net d rq;ulatiun
ffi--Bf.dcr tn lxcp Ull' ITnt:.-; ~lt ;111 ;)HonLlblc le\'el. [he Council fin&: l'l"'~lt the ~;uppl~,' of lllol>ilchOlllC ~;pJrc
aVJibhlc for rent i:; not adequate, and that a:; ~l rc~;uJt, n:c 1imitu:l :;upply of c;uch ~"pacc:; i~" drj'vin..; up tbe ~.~J~llT
rents in ;~ m,H~ncr th;lt ~.\'ould, in the ;1bscncc of rcguL~tiO:l rc:;ult in the climir.ation of .:lH(1rcbl~k hOl1,;lI1,.;.
The (it;.' nlDo intcnd;~ by thi;~; (h~lptcr tu prC~Tnt ceLling resident;, \\ ho ;l1T rcndcrui L.~r(;ll\ incarablc of
IRo';ing their H1obilchOlnc~; T::ithout ~;uHcl'iJ-:g J sc.1--,stJntial 10::5 in tbcir '.'aloe, fnnn bcint~ clurl.;cd c~~cc':~i'.'['
:md uncocsciOloablc rents due to tbe; lack of mobility, '1'10(' Co;mci! find:, that the limited snpply--ef
lIlobilehmn.c :;pacc a7aiL...blc for rent in this cit7 'Jould, 1:1 thE ~lb:;L:r.Cl of lTh",JL--.tiOll, ~lHo':/ for ~...n
unconscion~lhlc cnhanccn--.cnt of rents to C(iStiHi; fl--.obilchlllnc p~1fI:;: rcsidcl...tS.
--------.::I.~_t:.H:'Y-,11S1.-)_ftH.ptui:; b\ thi:; Ch<lptcr tc prc.cnt c;,i:;ting rl,_;i~lcIlL, .:;htt-itfe-f't.:'t;h-h.'Tl::"t'I--htt't~t"'h':""f.t*'rlf~'lj.t:'-ttf
fttt+v..i...:'-LLLL-'->i-f-rnobild1nmc:; '::itlw:Jt ~;uffcrinr ~1 :;utLbnti.ll 10.;". in tl-:L~ir ,'alol, IITL1... Iu: l)t thl"------ft, ~:lc \. ;dUl: of
.~ 7
tb.irHwbildlOlllC:; dUL' to the fact that ;11-: incmnin,; 1'c:;idcnt i:; bcin(~ ch.ut-~cd C~~lc:;i\ c rent;.
3 cJ - { 2.....-
The CuU!,eil find, that the IiB:il:cd :;uppl)' llI1llubild:llB1e "pal'l "'..:ilnblc lor n'n!: in H:ir; lit.. would, ill
the ~:b:;cncc of ~_'Pacc rcr:t regulation ;.It the time of ~;uch ,',;odc or other vacancy, <1110\\' for ,111 uncnn. 'l~iun;,bk Jo:;:;
of resale 'inllle of mobilchoIne' tll e)(i:Jtin)'; B1llbilchomc pari, resident:, (Ord 2551. ~ I (part), 19'1:1).
950.010 Definitions.
Words used in this chapter shall have the nwanim: described lu them in this secbun:
/\. ":vlubilehollwI1 is a structure desi~r.necl for hUl1li:HlhabildtiOl1 dnd for bt:'in\.~ movl.'d i.m d street or
hiio;lnvav under pl-T111it pursuant to Section :~5790 of thl' California \/chlde Code. i\S used in this
Chapter, "lTIobilehOlne" has the saIne m('anin~~ as California Civil Cout:' section 79f;,,1,.
B. "rvJobilehOlllc space" means a portion of a mobilehoHlf' park dcsi~_:nated or used Jor the
OCCU1Jdnc\, of one IllobilehonlC.
C. l'l'vloblIehome Parklr or !lI-'ark!' is an area 01 land \ivJwre two or nlorL' 111obilehon1Cs or mobilehol11e
SPi.1C('S are rented, or held out for rent, to dccomnlodatc lllobileho1l1es used fur IUI!11an habitation.
D. "tvlobi1ehcnnc park O\VIWrlr or '10wner!t means and includes the O\Vtlef, lessor. OlJCfdtOL or
malli.H;ef of d. 1110bi1('ho1)1(, r1drk.
F. ''!'vlobile1101n(' o"\'\'1"le1"" rneans a person \\-'110 owns d mobilehOlnL' whidl is ll:'}!,d!lv located in d
InobilehOlne space within () 11lobilehollle park in the City of ChIlli;] Vista.
F "lVlobilehome resident" or "Resident" means a person who occllpies a mobill'homc in a
11lobilehonH" lJdrk in the eit\' of Chub Vista as a primary residence bv virtue ofhavin9.~ cl rental
ZH!:rL'ement. "fyJobilehome resident" or "H.l'sident" is inclusi\"c nf a mobileholne owner.
C. "RCIlt" means the consideri.ltion, including i.1nv bOllUS, l)(,llt'ht or r::ratuiLv, d('mdn~lc'd or rCCl'ivcd
in connection with the USe dnd occupancv 01: dmobilehtHllC' or mobilchonH.' space ill a
1l1()bilehollH-:' ~)(lrk, induclinc services, or in conncction ,vith the transfer of d lcast_' for d mobile
spacc or the subleasinrr of a InobiJehome space. "Rent!! shaH nol lndude dJlHHUitS pdid by
residents for sllch separatelv n1etered utilities or services, as ~lrovidt'd ill Cahfurnia Civil Codc
section 798.41, or anV' separate charge for those fees, assesslnenLs or costs vdlich 111(1\ be' (han~cd
to rllobilehorne residents pursuant to the Californid Civil Codc.
II. 'IDisputeH or IIControversv" 1n('a115 a dis,w:n'clnent or diHl']"cnce \'vhich is subiect l"(l the' resolution
process described in this chapter.
II Consumer Price Index II or !ICPfl InE',H1S the /\11 Urbdll Consumers/ All Item,; ('OmpPlll'nt of the
San Diet~or-\"lctropolitall An'd U (broader base) ConsUlner Price Index pn'pared b\' till' F:hlre,llI uf
Labor Statistics.
r. !'t'vlobilehonw l-\t'nt Review Conuuission"meatls the advisor\' bod" established bv ('hula ViSb:l
1\,TunicipaI Code 2.:;] to orovide an inde~x'ndcnt rt'viev,' of rent increase disputes ill mobilchonw
parks.
(Ord 2551 ~1 (part), 1993: Orc! 7451 ~4, 1991: Ord 230b ~1 (part), 1989: Ord 2163 ~,t 1986; Ord 19'17 ~1 (part).
[982; Ord 2737 ~I (part), 1998).
4 .;2.-(3
9.50.0111~ General Applicability and Exemptions.
This chapter shall apply to all mobilehome parks, ll1obildlot1)e park O\VllCrS, mobiJehOlne ]"('sidcnts and
InobilL'honll's in mobilehonw Darks within tht' City of Chula Vistil, llnJess otllf'l"\vise exempted hv state Ln.\! or
the pro\/isiuns oJ this Chaptertl-:.at re:"l:lircs a pcnnit to he !',Jo\'cd on ~l -;;tTC ct or hil:;lr'''';J~,'.
'1"11c pfllccd.uG; contair:cd in this dK.ptcr ~lrc intended to pn1\idc d HllTh.mi;nl fur tilL n:,;olution of
disputed il1crca~;c:; in [eGis by Inal~in6 it alb'anFG.?;cOUG for n:obilchOlHC:' ()wnl'r~; ~ll:d mobilchorllc p;.uL o~,\'ncr:;
to c~;tablish a better llndcr~;tandingf()r c21(l', othcrlD po:;ition~' ',;bleb 'sill rc_'ult in agfcullcnt JI"1 the amount or
rent tll bL ch,1rt,;cd. The procedure:; of the lwdir1ancc ~lrc c,;tabli~J..ui ~::ith ll-:c intent 1:11;11: I:h(\ ~IC lC~'nmpli~;hui
in ~l tilllll:,- L;,;hion. The p~1rt:iciF,]tini.~ p;lrtic' :;11;111 COlli m it- t(l tb t;(I~ll th,ll the t ntirc di:;pUfc n':;\l]ulinFl pr()l~C;,;
be ...:c n-:plctcd ',,'ithin ocr hundred twenty (120) eby"; tollowil-:; ru.'cii:'t: of <l di,;putu{ llutice oj- c;P,HT rent.
11~,crC'~1~;C .
1ms chapter shall not apply to leases for a term exceeding one year which are exempted by California
Civil Code Section 798.17, so long as such leases contain all the required provisions for exemption, including a
statement in the first sentence of the first paragraph, in at least 12 point type or capital letters, giving notice to
the mobilehome resident that, by en!ering into the lease, the rent control provisions of this Fordinance will be
automatically superseded by the lease provisions regarding rent and rent increases.
1ms chapter shall not apply to a mobilehome park if the rents that may be charged for spaces thereat are
regulated pursuant to an agreement with the Redevelopment Agency of the City of Chula Vista under the
authority of Section 33334.2 through 33334.4, inclusive, of the California Health and Safety Code, for such
period of time as the agreement is in effect. (Ord 2551, 91 (part), 1993; Ord 2451 93, 1991; Ord 2306 91 (part),
1989; Ord 2282 92, 1988; Ord 2163 91, 92, 1986; Ord 1997 91 (part), 1982).
9.~9.Q12 Complianee with State Law and City PosH,,!; and Dio:d<JsHre ReqHiremeHtr;.
L'/cry mobilcl:Ol'Rc park: 0'\\11(.'[ :;h."lIl con:}!l)' ~.:ith the p nr.'i:;i on:; ut th_e~,1clbilchonlL PL:~'idcncy L~n\'
(Chapter 2.5, Seetimo ;--98 of the Californb Civil Code.) ,\1:;0, a copy of th.lt CI-,apte,. :'Inll bl prominu:th
po:;tcd if: ~I COlllfllCJrl JrC~l of each parl~I~; prcffiLc~_; at ;,lll tim.cR. In ~ldditi(lnr the lnfnnr:aticn contained in tht
dixlu,'.uc ;'Ihdo\, ~'hall he ~-n)\'idcd ;1:; folIo'.:::: (1) \;l-:~~n d IHOhilchc11-:1C in;) p.nk j,; ,;old .md it '.:ill rClllaill in
the p;lfL, UK :;dlcr :;hall ::-llO\\" it to tl-:c h:"I=,'CI", C') the parL O'.\'Ilcr will ~l:'ccrtai:tl th~lt ;lbH~'Cr oj .1 mobilchonlL'
thelt i'.dl rcnonin ill thc pari, kilO....,:; abolilthc di:;clo:;t:I'L', ,Hod (3) a mpv of tJ1C di"clo:;u,.c :;1oall be ,111 addendum
to C\Try rental ~lgn-'cnH::nt.
5
c::l - I .;
"l\hlflidpal Cade Chaf'ter 9.59 DiGdo:mre"
Ch:"lb Vi:;taJ\h:lnicipaI (.:odc Chaptet' 1).50, f\lobilcholnc -I'ark Sprl:t:"C I~Cllt -R~"i-,-gttl,:"i:"ms-rlH
mobilcbJme nark "1",lCCS for leases of 12 ~'.(J'1tk'.; orlcs:.; ""f I "IC"" ,,' ''''If'' 'I'll' 10 " ""1," r I I "'I I
r n " .. . l C. J'" j .~ .,,,, 1 l " '"' '-~ O:lpcr ,.5, lOCS
not apply, pCI' Section "50.010 al,d stall' L.... ,
ChnphT ll.SD i:;l'lllT;lll\ ~lpplic.; to, belt is IHJt liRlitcd In, nr:t contrOIIllC~l.;urL;. ()f p,lrlicuLlr int'Cn,'l ],'
t;e8iBH-.<i;~\J.1l6~, .... hich det",!:; Ihe lollmdn[;:
''''Hili]': 15 r.L:y:s of the rarl~ o'sncr/n::anaijcn:cr:.t rccci',;'ir,-;:; ~l \'.Tittcn notice uf the pl'llllint;~~llL of ;1
{nobile-home includinD an ~)ddrG'~ :It ',\'l~.ich an incOlrjllh FRnbikholllC rc:;idcnt H'l.;P: be cw.tJclu.i, In incol11inr
'- .. ,
mobilclwmc rc;idcr:.t '"ill l'CCci',T ~1 ',','rittcn :~tat*~n..cnt ::1.: to the rental ralc tc ~x l ftlTed [:(1 the iTll'mninJ~
lnobilchOlllC IT::idL"nt ~-..nd \\ hcthcr tl-..at rcntfll ratei:: reflEcthe nl ~l CUIl1ublin' ~lnn:J~11 incrca.;e tTum thl
outgoing rc;idcnt\; rcnt~J ral:c f;rcatcr than the ~1nllll~~J incrc~1~~c in the appliGl~)lc CUrC1l11lLf Pril'c Jndc)~ ((~P[). If
the cU111ubtiT/c J.nr:_uJ.l inCrC~YT I:; gfcJ.f:cr than tl'.c ~1nnltal incrca~;c in H":.c appbiclbIc ('PI, tlwn tl":.c inCOlHint~
rc:;idcnt OJ' the (Jutg;oir.g re:sidcnt h~l:; l;hc rih]~.t to ITquC.t a he~1rinb fnm: tl:c Chuh '-'Ltd \1(Jbilch01l1C l~cnt
RC',.'lL",\' CUll1ml:;:'lonfor cnforcuncnt of Chapter O.5f', for tJll: purpo,'l_' of illi,:; p,lLlt~Llph "clIn:l1lativl. ~:.nnuJI
incrccl;c" llh\ll1:' tlw toLll rln{: inlTCi:l::C for the ,'pace \Yithir: thl p;-Ll \'1 Jr. rll1< l::nmp]c, it thc ;lpplicl~)h_ ('Pi i:'
four pc rnnt, hut thL n:nt WH.; 111LTl\1:;l_'d Ie.;.' th~1l\ f(, ur pc J'Cln.t, the r',lrl~ I. \ '1',( r m,n' n quirt ,1nllidHiC:ll,11 rUll
fH:l'-1'~t::H.:--iJtt>--st)rl:fle-H--r-t-t.+--fHt."--ffi.f~ll h Jtl r 1-*,R.::ei:lto--<;;.p.(-w+fJ.ti:lHttt--l~-'t:'{~rr;--~*..>.t4-+(+-H.t\~-t:.j.t~h+-tf+--d-1--l-j:'X""'rl..j.
p~l1'o\i~:-i(ln:; of Ull' Pdohilcholl1c Park Sp~lCC Eent r~C..il".\' Ordin~lllCl'. This hcarint; IRw;t be reqlle:~t('d \\Tjthin
311 aays of reeei'?i,,!; Dueh "'fitteR statement by submitting a Re'luest to Ik.lring rOml at the City of Chub
Vista Cm-l:munity Dey~'eloplnent DepartH.lcRt, the addrL;:; (If \'. h1(11 i:; Ji:tul b('lo"..',
''.ltcr ~:n il":.cOlnir:'b rc;idcnt enter:; intn ~l bir,-di1:~; lca:'c ~,:ith:l p~1rk 0'..'0('1',1-:(,' or ~;l*, shall h~l';L nc rit;ht tl1
....1 hcarini; to .lppC:l1 the rent ~unul:lnt agreed to in tJ:.e lc~:::c.
'. cn}'\' , I the ~,Inbilchlll'e Park Spac' Rent Rc\ic,: Ordin,ll"'c j,; a\ailablc et the Cih III Chub \'da,
(:'_,**"w-~I"'pnwHI D('f'ar~~""'th--AW'twe,-(-+H+In- \ld.l. C'. -9-!<iIil-<W--etW-hlH--!"-'-+l.f>f"i+K...j.
!nllTI p~-..rJ~ m;uuf';cl1lcnt.
9.50.015 Applicability of Chaf'tef 9.50 to Recreational Vehicles.
This Chapler applies 10 GQwnersfGQccupants of recreational vehicles as defined in California Civil
Code Section 799.29 ,11"e ,"uhjed to tbe pfovisiol13 :oct forth herein where the recreational vehicle
owner f occupant has been in residency for nine or more consecutive months. Notwithstanding the above, this
chapter shall not be applicable to recreational vehicles residing in parks operated as recreational vehicle parks,
where the predominant number of spaces are occupied for less than nine months.
(Ord 2551, 31 (part), 1993; Ord 2306 31 (part), 1989; Ord 2282 32, 1988; Ord 2227 31, 1987; Ord 2737 31 ~
~
9.50.020 Legal Requirements and Procedures Created.
This chapter creates legal requirements and procedures which must be followed when ~rent is
increased in mobilehome parks. In the event a mobilehome park owner increases :'f','CL rent witboll
<'ffil'f'!:yi+lj5without cumplvinE with the provisions of this chapter, including, but not limited to providing thl'
required notice, the park owner may be held accountable for such failure through criminal, civil and
6 .;J.-rS""
ddm[r:i:;tr'lti.lVcadminislrative action in accordance with Sections 9.50.001(1(1 "nd 0",,11(12 of this chapter. A
park owner who willfully and improperly collects rent shall be subject to repayment of up to three times the
amount of rent improperly collected, after a hearing before the Mobilehome Rent Review Commission, or lf1 "
civil action brollr.:ht bv a mobilchonw resident.
(Section repealed by Ord 2306 Sl, 1989;Ord 2282 s2, 1988; Ord 2163 s3, 1986; Ord 1997 Sl (part), 1982; Ord
2737 Sl (part), 1998).
9.50.030 DefinitionsMoved to 9.50.010.
'.'.'onl:; u:;ed in Ihi: chcoph'r :;hall Lon' the meanin,; lk;cribcd III them [nlhi:; :;cetion:
,\. '1~'F'~lCC rent" l'r.G:n:: UK cOll.;idcralilll:, ir.cludiIl{.; ~:nv p~1:.-n1Lnt, bl1l1U,;, ~1CIl(Jit:;, or t.;raLtit:, dunandl d or
received in connection 'sin) t!:c w;c and occuP~lIlcy ot the l1wbilchonll ,.V,llT in ~l mobil( hOl.l:H~ F'Jark, or
lor Hoc Ir'lll:JlT (lIthe 1('2.:;(' for parks pace, service;, induding, but l:ollim[tcd 10, Ice:; ,md charge" for
ll1aintcr:;:r:cc ~lnd OpcfJ.tioe.s of park bcilihcs and bnd,:clpiJ\C;, lr;r:h collcctior:, :;CT.\TL <~,l:;, ckctricity,
',',',lhT, c:b1c 'l'.',T" or any other :~uch utility or ser'.'icc l"':.ot :Tp~1rLltc1:," metered, OT.:nlT rro\ idL'd ,Tnlenitic;,
sublcttin.,':; ~lnd :;ccurit~; dcpo:;its, bat c)(clusi':c of an:,' anl0UI"':.ts p~lid tor the -:'1-;(' of the Tllobilchomc
dwelling, alod E"e1usive of oHler oHm' able pacs through!:; .1" defined in :;u bc;cctinn H helm ,".
+h- !I;.,lobil.cJ10lnel! mcar:;; ~l mobilch(ll:ne as dcfir:.cd if: the CalifcrniJ :\'lubilchulnl f-lnn:c J~l'~.ir...lcr:c\' Ll'S.
c. I'}.-fl,bilchomc p,:rL ov,ncrll or !IO~,\"l1Cr'l 1l:Cl1::; and ill..:'ludc.; lb- OT,' III r, IL;:~()r, opcr~:tor, (lJ n:i.'In~l(;cr ot ~l
rnnbild',Ol1ll pari: \\ ithin the pun ic:,' of thi:~ (1rdin~lIlCl.
D. 1l:'\'luhikhollll rc::idcr:.til of IIRl~:;idcnt!! ml~~lns a pcr:;oll ....,ho tlCCUril:.;:'l mllbik]:r...:I1~,l- in Ll owhlcholTll p<l:<L
Ll:.' ~l prillury flsidcncc by ~;irhlL of l:~r?ir,g a rcnt~--..l ~lt~rCcml nL
r "Dispute" or "ContI'''''''''';)''' muns a di:;d/;rccR-wl'.t "r differeocc d,ich ie; :;ubjl ct t" the n ';"Iulion pmn:;:
,lesaibed ifl-thi,' chapter.
I'" "emnllnc1" Price 11ldCJ(" (1r "CPI" shaIl lRean the all url'dn cm,,"ulHcrc;/all ill'Ill'" cmnl"1l1cnl of thl 5.m
l")iL'I~o t\ktrupolitan. \rG1 l~f (brondcf b~:~;c) COl::;lIH:cr price indc~~.
C. t!~,bjor C~:pib:ll ll:l'lprnVcnlcnt P~lS.; ll:.l'oagh" nlL~:n:; a .~lparatcl)' identified m(111tl-:ly' l'h;ur;c to resident::;
v,hich rcprc:;cnt; tl".c 1\.:p;l~J"IllCnt of ,) C(\~t for d n~;ljor catlital lrnpnJ\'l'IlHnt: .,-"ith the fellen, illt~
ch~',rackri~;;tiG':
1. "did ilqJrovelllelot ,10,111 bvc a coc;t 01 "oore Ihan 'ji1O,1I1I1I.
2. Said hnpro\ CFl1cnt shall be c~clHsivc of mairJ:CFl~nlCC or replacement of c;j:;tir:g facilit~
3, Si.:'lid irnpn)'.C111cnt $11;:11 h~.....\'C been ~lp~lrO\'Cd if:. ',\Titini; by more t!1;n: fif~.' F,'t'ccnt of---t-Re
nwbILllL1rCl :.p~"cc:; v:ithin thl ll':.nbilchOlllC pdrl~ ~lftcr :111 rc:;idL ilL; in the p;lrl~ kin hyn infofH:u{
of the nature, gu:cr~:] dc:it;n, tilnin;;, dnd O\'CT~lJll'():;ll1f ,;Jid iTllprO\U1TnL ;llld the ::rnount- and
dUL1tion of the rda:('d PL-:~;': throu.;l"':.. ,^~ [;1:;(' \\ hen ~1 :;P;llT I,; occ"".-lpicd by t',.'c Of murc ,ldulL, c~1Ch
itt4+tH-f>httl!-h,wf'-o \ otl', bu4--'.'.'hcrl' tI.. 0 [llhtk,,-eeAtpTi'Hif'dt"',--if-~,",~-+n"Hhtflfl-4e-+>thet'
','ole:' uppo::cd, H....e rc:;"".-tlt sl-:aIl ~lbc ('Lll1tidcfL'd ;1 hJlf :;p~l;':"l. in L:\'llr (If ;lnd-,l h~11J _'f-);lL>(~~~
7 ~-I(,.
tl-:e in:prO\'Cn-:LT:t. LikcT,\'i~;e, ',-:here tlUTL: .Jdnlt: occupy the __'Pace, (\lc11 " uk :-11,]11 COHill ~l:' one I-hiI'd
of ~l ~'p8CC for or again:;t the ltnproycH.:cnL
II, Other ,\l1nw"blc Pass TI:roagl:s" mmns separately billed utility ,;cr.'iee tee:; and eh"rt;L.: excluded Irom
ff'ffi-ill 'lCeordilflt'f'-with the pw"isiolls of Ci'iil Codc Section 79KI1; iJ:erc,n's ~'i-+H.:..&tKofHt~
J:ld c~(J',l"Tnn~Tllbr ;l::sc:'smcnk :':'I(h ;l~' n:~ll prnplrt:,' t;)l;C', liCl'f:~'(' fCl~,_-, ~H~d-,:l:;:-l.\'illCnL t"l)r n:unicip;ll
.'l_T~ il:l~. or in:proYCn",cnls. Co pic,; llr bin:~, in'. l1i;:c_;, (lr other .1r~H"(lpr:~ltl ,;t1ppul'bn~~ dlll:umer:Litiun
:;]:al1 ~'c J" i,t nn!ile in th ['"rle owner':; on :;ilc bu:;iF,c;,; ohie" ;lHd lll"d" "'.'"ibblc lor re'..i,".... I".. dffecl, d
rc:;idcl:t:~ t:pon rCJ:xmnblc rcquc:;t at dr:~l' time during nmTRdl btL;inl ' , hOLlrs.
L "~.tobilchomc Fa:'L'1 or '1P2uk" is ;]n ;-"1"[fI of bnd \,'11[r[ t'so or more 11'IubilchollH span_ ~lJ'l Hnhd, or
held out for rent, to acconUl1ouatc mobilcholnc~; :.::;cd for hunl.ul habibtiu!l,
J. "~.I"bilcRome Rent f~C'.i,,\.. Commission: is the ;ld':i:;"r:. bod', c5trlblished b', elmJa Viet" ~,hmicipal
Code 2.:n to pnr,'idc an indcpcndcr,t [eviCT,\' of rcntincrG1SC di:;P:ltcS in mobihJ:lHllC p;1fk;,
(Orel 2"51 ~1 (['.Hn, 1')".1; Ord "15131. ]991; Ord 2:10(, ~] (pmt), 1<1~<1; Orel n(,:1 31. 1<1C'6; Ore! I"";' ~I (p",.t).
j<182; Oftl 2:':\;' j] ([';ll'll, 19')8).
9.50.040 Negotiation commission-Membership.
(Section repealed by Ord 2306 91 (part), 1989; Ord 2291 91, 1989; 2282 92, 1988; Ord 2163 95, 1986; Ord
199791 (part), 1982).
9.50.050 Annual Permissive Notice" of CPI, Rent Increases and Notices of CPI. (previouslv known as
9.50.068)(/\nd Right to Mediate the Purchase Price of a Mobilehome portion replaced lJy Section
9.50.076)
A. _Rents lur ITH_)bilchomc residents mav be incrl'3Sed <lutum<:ltlcally dnd only once in il calendar veal' by
no more than the percentage chan~!e in the CPT, \-'\'lH~n the C'-I'll is three percent (rX,) or less, dnd 75
percent of that Cl131H!e in the cpr above three percent (3'\)) to hI..' kn(1\\'11 J~ [11" <1.11\ :,\'nnlS,'T':"
rent inCTl'clSc'. The park o\\'n<.:"r or their a~pnt shall use 01(' ('PI in effect dl the time such notice uJ
increase in rents is served on residents, as provided in the notice of current ('Ill mailed to 0\Jch park.
owner or their agent bv the COl1llnunitv Devdoplnent Department. Ci:llculahon pi the one-vei:lr
lilnitation on rent increases shall be {rOln the date tlle last increase became' effective for that pi:lI'ticular
space or InobiIehome.
~I he' i,; ('1'1 i:; publd1Cd twice (ach ycar by th, Burmll ,>I I ,abor ~I"tdic. The community development
department shall mail to each park owner or their agent the applicable CPl to be used for the tif"!€e-rent
increases as soon as the community development department receives the a['j,licilhll cpr ','chich will
apply In ~lny propo~;cd Sp~lCL' rcrJ incrc~l:;CS ;1: .:con a:' tlw cl1n:m:.mit:,' de\. l'lopmcnt dcp~lrhncnt n'ni\'(~:-
thc ai'['Iicnblc cn from the Bureau of Labor Statistics. The ('PI is I'" bUshed twin> "deb "eill' b\' the
Bureau of l.abor Statistics. Park owners shall use the CPl furnished to them by the community
development department as controlling the maximum potential arent increase without a need for a
hearing, and may not deviate from the CPl until the park owner receives written notification from the
community development deparbnent that the CPI has changed. The park owner shall post, in a
prominent place, the notification from the community development department so that all residents are
aware of the applicable CPr.
8 .;2-(7
1:1. .'\ cop:,' oJ tl'.l: nnti,~l to fL;idcnt: to ll:CrC,l~T ~,'p~Ke rcnt, '..'!letheI' Uf n['lt tIll incn ;1',- e" ~lhc<.', thl.'
applicable CPT, :;Jl~lj] be m.lilcd (U.S. Po:;tnl J\bil Scnicc, return receipt rcquc;lcd) to tit:, COllll1l',.lnity
development deparhncnt, 276 Fourth .'.""nue, ('hula Vi.;ta, C'. "I 'n II, .11 the "ame time ae; i.':'U<ll1lC' I the
HBttee-+t'l--H-1C rc~;idcIlt,;.
C. Should al11obiJeh()lll(' resident feed that d l)f()110SC)\! rt)nt 111.\'1'\,'<1'-;1' IS in vHda!i(\ti. ()[ tlu,' h,;:'iCl th1'
resident lllil\' ~)rovidc' \vrittcn nutice to the IXlrk n\\'ner of such rent clisputr:, \ViLhill tcn ' lkTd~lr l!JVS
of the \\'rittc~n noticf'f the park owner shallnH'(>t ~\'ith the f(,:'sidc'nt to dis{'tl~;C; thb ,JiS~lll [i' ihi:< n'lL'(-hn'<
Slldl! b\' lwld ,ll d Illutually CCJ!1Vt'llicnt tinw ~l1id phIlO(' prL'lvriJhh" .ll Uw In -,',::.'" 'llH !'ilrk.
'nL;;!:i;) dlh, ,yithin 'll! delvs;d rCc\:lvirH'\vriU\""l. :1i\h\\' Irnll) [i),' ,'slIk'nL I'; 'ii' i\. \irk
':"lL 1)11..1\ 1;1,' (11),' ;\";I(len1 \'llb ,,\ \'\llt\""\ "",:'d1\:.,,' {\\Llc'(H""l" '
:j"li
.,.
"Il]
(.f li)t, n"";Jd\\nl 1':' Ui'idblc tu (';;ltisld\.:toriJv j"(',:,oh'C ',UL'1 "('I1.l di~~i ll~~' ':1\ :\:~;id'-'lll
('I.JlnmunJtv L)fl\'i..'tnl111H"nt r,1cpartnlcnt oJ tht:, ( it\ ('()n1iJL1Jnl ,llil)('ln,l th,' i" "';i " ;ji\
\ jojxLinll ,)j the rent inCl"VdsC'prnvisions J.J! this ('hilF"tCf '--,th h ,( 11111 )LHlll mll',j .1 h Ill, I.
f)!' UL!h'l' illfurnl,llion whi(h provides l'oIllTwl1in!-' ('\'idvlln' uj such \'j(11,ltic111 i,md "UL'i 1'[1(;1 W rJ1!il
lourh.:;\'n (1<1\'S of n'cf)ivim!. the' ~:"ark \\\\'1.1('r's written rL'spunst.' {hldn':;~iJh! the tlIsr'ulf', hl.) C':i: ,d il\,
sole discretiorl dnd after reviev\/ of the' cOlllplaint <1n(1 snpportiIHJ dOl.~Unh'nLlh()n, wdJ ,1",:,t('fJIiil1l' the
ll(.'u's~i1\' hl ~Hhl1L the rent fur Ih\' affert\'d spac(' in urder to \'t'nh' ((i!11r)lidIKl) ""ith this C hJPtC'i
llh till
p,1rk',
'; "llll'nL!lj(ll1
',,[\;';:1..1 i!-H' ('it\. dc>lerrnin,(' Uldt all dudil is nccP<-,s,tf\, UF' ('il\ '--,'h, 11 I j'Hlfih tJv' rl,1~"k (\\\
";hl ~) of
';..'
j,'ti,TlliJuti\ll1, n,'~lUl'st vvritkn \'crihc.1[J\,'FJ1 nt'l!l, 1,,'jlt,iu)')',' i
ti
d'
;1"
i,h, lei';'
"" ',V'S, ;l11diJr(.1\'idC thv f'drk (}\\Tll']' with d "',)F'" r thv itll) 'd ,'-,'~; i\lc
,:,:'11\ t,'l'\ ,Jl >ditl )1oti\:t: IT\J1Tl the ('it", the oark O\\'Jlt'r or their dt1t'nt ,,11<111 I ),lll i' '('1 \'l("~-,
,':'11 ill t'J,'(r,'lpl requcsted) t(1 the Comnlunit\,' UCVdOPllll'nt Department :r,'\::ti 'U; ( ,w;'
V'i.";LL (,\, !l]nJ(), \'\Tilten \'l>rifl('dtion ul t11.L' Sf,'l.h,C' rent l'h,ln~('l.ll()r illl' .t!Ji", [\,d '.;p,;\"C' !;i() ""',,, ;0\1';
thTe~' \'!"dfS, Sll(h as l_"opies 01 rent stclb:::tnwnls, Failure to provide the C-omnlunit\ L\:\'dc1IJlllcnt
DepartJnent with the rc~l1ucstcd sp,Ke rent infc1rnldtiC\n or knowinglv submittinv inC(llTl,'l"t- int()J<lnatioll
sh<:-lll be considered a violation of this ChafJter,
(Ord 2566 93, 1993; Ord 2737 91 (part) 1998).
9.50.060 Powers of a negotiation commission.
(Section repealed by Ord 2306 91 (part), 1989; Ord 2282 92, 1988; Ord 2163 97, 1986; Ord 1997 91 (part),
1982).
9.50.063 Rent Increase wilhaRt Change af Mabilekame OWRcmkipAbove the Annual Permissive Rent
Increase. (Previously known as 9.50.065)
A. In any sihtation where a mobilehome park owner wishes to increase the ~rent i. . .,.'
;n~, above the inHHlill L,('nni';sJ\/c fent inl-'~\,\6',; ,1,-:; "\'\ iClJ'Ul oj i <"ili,)'-, Ii,> i ' '(!;, - :, he or
she must first give notice to affected residents, at the same time the ninety day notice required by Civil
Code Section 798.30 is given. .1' lolL,....,
9 02-/'i
1'11(' Nuhet' of i1 I\C'fl.t InCH\lSe in [Xl:CSS of Ute' i\Jlllllid f\'j']nisslvi.' l,(,'ni ]1"\("('<1';(' sh,dJ t!,
Uw !(lrm pfcscribccl in /\pP(~Ildix One of this (]l.dPlcr.
't';;',UiiLiil\
':orTeL
f"'~]~j" \','1'
T:rXT INCTT\SE I~: EXCE;~) OF (,PTrIlL
\\'\,
1.'.'"
['. \F 1'11:,\ W"I'.'J ':i \i [
y 1 Ij ",Ij ," 1](11': Ii,> r:Ji,"; i>
i'i '. ii I' ','('\[\11',' [',';-1 \"11 HI", 1 i iW111
'.I~ 'c.1 \iV. .'.L1 'y r[ I Fe. 1)1'1 ()c; I[ '.'.[ [I
t;,j UtL:'1:tc ( ~'l~( tin_.!
l I I F:_: ,I l j , j' ;'IL; Ii
i \ \ , 'y', I [I i~- I ~, : 1 or: I . l , I, I ['i
,i (W(I 'I' . , l ,lei
Thi:' i~.,; d I~obcc of space: ~rcllt inCH\L,'(' ',hidl (:: 'ui UL.Hl.,l.Ll! p~.nnl '
IIlcrc:x a" ,'..:::t furth ir: ~'cc1iDr.. tl.50.0()g of the City nt \_.1:.1..:1:: \"i -1:;1': >luruci:);lll~.\-l(:L;l, ,.'lL:
n_l--"~ incn.'.lc;c of 1;1:( pcrccr:,tat~C incrc~:sc of the C~)n_;llmlrPril.';' relic: eo-pI) j"1f HH D~, ,[ ", l:,I~t
['..(1,,(, (L>i ;11,)nl:l1 pcrioJ, ~,.~_' rct)ortrd by thl Furc;-1Il (if: ]",IL3), ~'L;lti,,'til ,r r~'l;d!r ,_, :1-:, :1(:1
',:ll11 1;(' TIt,; ILn U,,'C"::lll: (1" 'j ;If 1_:',', ;','~d r;l'IT~:lt ; [ lit II '!I,l',:,' 111 (j'l( ;"1'-(
,')lll' 11:: '1",;i. ;tlh (d ",'i!J1Ul.t:l ri::J't: !'!:,Tin,' rill Co, )J:~Li, t :t~. ilL
I! th(.l ,Ill,;! Pl',^n~L 1\'( rcntincn:xl. i~ rthi: illlTlJ (il -f '11' ,~r'^; d,
I.Jej"I1( ,'it" \]unil.'ip;]IC'(dc,Yt111;.1L~1.:iU',.!:~ 1::'1. :(11: tn ,I',
I. r ;llH rCluircd h; huU :l nl(l:br,;_,~ '''it}) ti~l n idlJ t' L
fur the lucre ~1,;C. I 'he medii'll -,....ill be :It
d,l',,;) ,..nd pbu (C"boll1d be of lloobilchOlEC prk)j. ~'ul( r
n 'idcr!' ,Ht C;XOlul1t;cd to :"_ltCH=tpt to rc"ul':c diHcnl~C(
re,<;:'1' Jin;: [hi.; i!lcrcn:;( ,
,h~(ll:
tlH,';'ILr:l:
"''')
!,:'tlLc tin~( :11)\1 ,( be < ':~~ \:-1
the (-_'d':' l)rd liEU];',' ,",
JJ',J 1'(.1;:11 a "Jur,{-;11" "
~.; ;~
1,' 1
"r>','!':l
',U:1J."C tl" (i;:~:-d Ic' file Ull' ~I ill .u'ir,;!, ,111) ti ..1.(11\;;),) il') 1" t! \](>il'I,
r' ('''' 'uu~li-,..ilt 1', ddi\'lrint) J (nnn ';,' j ~Till~:j 111 ,:, 'U l',;l',Ult ,.1 11: IiI; Ie:
:~, h 1-. ,ri\<) "n:,' il -",'lll ,lttcr:d ll~c HLcl:ini'\ tn ;ji,l;l fl..' illT ;1 i till Llr ,u,-h 1:;1':_:
',( ,I ,n,[,'t dlli-.cl' :hc nlju,.'t L,r l'h\Jri!1,:, (mlJ h U:, it';':' ('(1,IL1_Lllt'.' )\',( ,:
1)' " clrtmlllt '" ithin lbirt~. d~l~\':' uf the ,JI1tC thi:; 1)( tin \,l r'-~ J11 "( 11,
~, In the (''<Tnt ~1 request I:u\' h(<lrinl~ i, initiJtuL Lhl :1~>tiul ':i: 11~,:iujl ::~
ir:L:rC\:;c Lsuc: i~.vth~ lThJrd to all U....c ;:lfh:ct:d fe'jlL:)I. Ii ',"HI li,l, (ilL ,hOll ,1 ~
rn Jrc ir.iClrnntior:., YO:l eIn rall H:l' City at L!2.l2l:?,'j57"''''.
Ihi:; incrci:l:;c i~' i1: addition to the follo'nin!; .)lIll\.~lh]l p~l~_:" lhrllur;l1:': [idcr:tif\' lypl ,lnd;
,ltlH11tnL cf major capitol impJ'C'~ 12:1:cn1, or utile r ~:E(r,.'~lbk p~L,- U:ro:l,;h]
JI,( L Ii; iL,') ,'1 ~,,:~ nUlnh.r.' ;11'( ,'l1t~ild l:n thl , 11,,'(,;,',: ilL \ rt I, Illi','l . r ,L"~:; ':.~L
B. If the residents within the affected mobilehome park have established an on-site representative body and
notify the owner in writing of its existence, a copy of the rent increase notice must be sent to the
chairperson of that body.
C. A copy of the rent increase notice shall be mailed (U.s. Postal Mail Service, return receipt requested) <It
1h(' s~nnl' lime' as issLldncc 01 the notice L(~ rC"iidt'nts to [x1th the ~~ommunity 4l )evelopment
10 .;J. - f 9
~12epartment (mIl PLlnniJl'>:' ,Ult! JhuJdll1? l)~->~_\'HLnH'nt of the City of Chula Vista ,it 'I') dddn's'~c'"
idvnui:v(l hert'H) fur ci::Kh ,If till' dl~si\~ndll'd r)('p(Jrllllt'Jlt~;,
Ciiy ,'i ehuLI \ 'sta
('onlmltnit\' L_\:-'vt>klpmenl Ue(Jdrlnlcnt
276 !'(HlrUl !\~/('llUI)
(_THILl \;jsta, C>\ ()lYJU
i\thl: ! l(Hlsinv~ IVL'l.l1d\/er
(_'it\' ,\! (_iT,lL) Vistd
11!dT~llir~)' ,lId Hui!djn~' 1)"'1 ,lrtnwll[
27(-, ;'(,llrln .:\ VenlH-)
(lUll,') VI':<td, (i\ (l]\l]O
i\Un: Assistanl- I)jrC'ctor/nuildjn~~ Official
, 27') -Fllurtll .\ \-('1111[, (]....:lb \ri~'ta, (~_'. \, (l!.(llOr at tlx' ,;,In....~ hll1, L' L,"IJ,:l'," ~ t the !lnhn t i" _ II'
D. The rent increase notice must contain the space numbers of all residents who are subject to 2.~ increase
which is above the dnnnal pennissivf' rent incrC'dse set forth in Sed'ion 9. -J!),!};() UIH l1r::- I r ri ;lr_~r:jcd~rl
4'1.
(Ord 2566, 31 (part) 1993; Ord 2451 36, 1991; Ord 2306 31 (part), 1989; Ord 2737 31 (part), 1998).
9.50.064 Owner Meetings and Possible Voluntary Negotiations. Previously'J.50.0S0)
Within ten days after service of a notice of increase, as provided in Section 9.50.063 ,,111;\ , "i, the park
owner shall hold an informal meeting for the benefit of the affected residents to discuss the increase. It is
hoped that such a meeting may lead to voluntary settlement of the dispute.
The meeting should be set for a time and date believed to be convenient for residents and may be
changed to a different date based on the reasonable request of the majority of affected residents.
If a resident does not attend this meeting or is not represented by someone, he or she shall have no right
to a hearing l"lul mil\' n't\" on 0(11(-,1' residents of the n1ohiJelw!11t' 1"drk ;-\. ,-,l\bt' d pn bjjl' ht->drii" 'i..' '>c!l\'duJ,,'cf.
!'he dccic;j.,1!] {d- the \.jubik'hclI1lC I\cn! Rl'VIl''\Y (-'oml1lissiull .shd[l t'1;' dl'pli('dhlc !r' <Ill <.111'1.'\'(;,'(; 11.1111': """fir '1'S
In the event that nWIT thdn hftv percent ()I the resident(s) and park. (l'VnCr reach a voluntary \Vl i l:tcli
agreClTIcnt of the increase in space rent, the rent shaULX" fixed as specified in 5\::lction 9.50.(Y'" Should tIll'
affected resident{s) and the Dark owner be unable to reach it voluntafv settlement of till' dispute in the
inCrei.1SC in S{:Mce rent the resident shall be entitled to till' a 'IRequest for f--learing'1 form as pcnnitted in
Section 9.5(l.O,,') and 9.50.070.
(Ord 2551 31 (part), 1993; Ord 245135,1991; Ord 2306 31 (part), 1989; Ord 2282 32, 1988; Ord 2163 36, 1986; Ord
199731 (part), 1982; Ord 2737 31 (part), 1998).
9.50.065 Moved to 9.50.063
11 .;2 - ;1.. 0
9.50.066 Request for Hearing Form
Mobilchome resid,'nts shall have a right to file for a hcarin~ and determination by th.. MobilehoIl1c
Rc'nt l\cvlev" COlnnlission of rent increases in excess of thL' annual pcrmissive rent inCH'dSf'. I'{l file for SUl'!l
~l heiuini'" a residt'llt fnllst deliver the Relluest for I-Ic',-lrilw; form to ihV' Citv'..; Cilllll1111nit\, ]levvlnprnenl
Dl'PiwtnH'nl within thirty days ot the ddiverv of "Nolin.' of l{cnl hhThlse in f-:.\Tl'SS uf the i\llIHldll\Tlllissivc
Rt'llt 111(']"(\10:.;('11 heJln the park (H-VYle]" Of their af'"ent.
11". Request for hearing shall be in substantively the I.jL'''J!1~ form i"..'.'rnb,." >1, t"ll"":',''', D' Uw,
Chaptl'l".
RE(ll!EST nll\ liT ~l{JNC
fhl tIlldCL'i,;lH:'d hereby ITflHC,'L ~1 lusrin,; 1.1;,::\)1';' tbe )lobildHll1ll Er'l1t ;;
.. .mmi ~i(Jn '.'.'ilh n'h~urf to n pnJpo."cd rcntin,~T~~L( l:cccih;d ir, j!:, JH.hlL:~! rl\E:(
L L.J~l J;'1 "i:C, (If CPIthc atU':J.1~tl l'lTllU .TT L.n.L nu, '1. nht:n~
.!fohilehmnc Parle. I:'JOL: maLe ccrt.lin YOU JrL1Ch :1 copy
nutice of I~cnt lncrf..-l~ C YOll rccd'.-ed from the jJdrL o\'.'ncr.I
,h
)1 Oill
rhc unde'fsi;IlCd L a resideR! !.!Lor inffH-Hillg: resident of the rurk .UHt l1~r: Jl:c x::, d J
HH'ctjnt~ 'with the J3larh O'..Tller a:: required in .'::[(110n ti50.(Hd of the Ch~TL1 x/i,'fa lVhlLit.'ipai
C, de. TRe dbpHte Rae not bcen nettled.
it i.: unden:t88d that thi,; re~"e:.t i:; irrlTo."ble aHd th"t it 111.1\' he relied on in "ther
H'ident' of the IRobilchotnc park to Clu<'e a public hcarin::; to he ;'chcdlllcd, and th,l; :11,_
"', bil\'11.111H r~lnt [h:yicw C:cnl1mi~;~;ioll :"'111 dlldule;l pllt~li;- h;::lrin,.: tl) Clltrid'l.' :11.,'
1- ;!'U.l d;"ut InCl'L~L'e, t~:.'J.Lin.:.:, into COILICLr.:lion ilL_ LIdoI', d~,,:crih::'d in {"hd 1 L;
:1unidpal <':Ide ~'Ldinl1 ').YiO.07,~, Jnd that 1.11:.. dcci.:inn of the :'!obihhnmc Ecnt Lc"tc'.\'
8tffHni:, ion ,;hall he ",lp!icable tn ,,11 affcctl'd h0111(O'....,,(( and ,'h<111 b, final and bindil1!;.
S i;,~nc d
( ) Current He::ideHt
Print NaH1c
_ ( ) {"'Bming Reflidenl
[),lte
Space No.
ITlh,~ rompll:.~tlli form nHL't be dcli~,'~~rcd to the (-it.." 'oflllHunit\ DLYdnFllHTt1
\,p.utllL__Htj
9.50.067 l'\otic(' l:lf rent jnf1Ta~~e upon dl~ll'lgc of mobiichcnll~~ o\\'ner.'hip.
'The rcvie-,\' procc':: ~:I"',all also be :"',pplicablc to U-:c ~;it:l;;)lion \\'I-:crc :;P:":CL rent i~; iC.LTL.a,;ui ~lb(l':c the
api-11icJ.blc CPT upon ChaIlbl' of ()',\rr:crship of t}-:c mnbilchon:c. Litlll'r th( il:con:ir:(~ nr nl1tboin;s
owner occupant ,I,,,]] ha':( the right to a hcariHi; and decisiOlo bj' thc~..lobi1chmne F '."nt I~eyie\\ COImr.i::sion,
a~; pn')\'idcd in tki~: :~,~cction:
\
,..
C'uL'uint' l\tubikhllmc l~csidc:lt'~; I:izl1t- to a l-lcarint;, If ;:.1n Ot1t!-~[)inb Awbill'l1umc rc;idcnt intclld~; tC1 ~;dl
'J '.1 ........ .. ll" .J
hi~ IT ]....er !llnbilchomc, the cp.nlCr :;11:1]1 pro::idc to the nltt~~()inA rc~;itknL \'.'ithinl;:; d.lY~; nl [he rCl'cip~ of
12 ~-.;J...J
~l \',TittUI notin: of intent to ~'C]L .) ',":ritter: :;l~llL'mlnt ;1:; tn t1-:l' rL nl~ll LIt( to bl' (lfkrl~d to t~1l' illcominl'~
mublchon:c n<idlnt. If tile rate of incrca~;c itllTnt- to thl 11(\, m.-.r:cr occ\1p,mt i.; ~lb(l\T lhl ~lml)Unt of
t1:c appliC:lbk CPI ~l.; pnwidcd in ~L'ctinn n.50,O€~) ,\, tl~,en the n',\Tll r ,~h,dl proYide the [U1Tcnl: rc:;idcnl:
with a notice d'; .;et furth below in Subsection C, and the current nsicknt :;h,,1I have tl:e ril'ht t(l ,j hC\:tin;
"
ttttJ- dcci~,~ion rCb,ll*nt~ the ir,crc:'-I~:;C under tl:c provi:;ion:; of ~ccti(ln ().50.+)-7fk...-A-R-ettt+t>-S*-4*'.f'"te~
Forn: n:u:'t be filed \\ ithin thirh" lL1V:' ;1ftcr fu:cipt of the" ritten :'btcrncnt of rentl! r;ltc----Ht-th(' t;Cl1U;ll
forn: set forth in Sectior:, n.50,6€3 abo'w'c.
n. Incoming ~,Iobilchotr.c Hcc;ider.t's Hight to a Hearin,;, Tb' ()'.:ne!' sbll ahl pnwide within 15 da:;:; of
i'&~ writtelllloncc uf the pendinb s~lk of a mobikhon1c, .,,'l:ich nC1tin'-ShaU inclttde-(":'l) ,In ~lddft"s-:<Trlt
',\hidl the illC(llllinE rc'idcnt c::n be cOlitactcd, (2) the nnh'll r~ltc tn be ofttrcd lu thc inl~oll::in{;
mLL1ilt III me rl'~'idcnL ~lr:d, (3) notice J.~.' to whe thl'1' the u:il:t;oiIl6 n-..ubikh()nll n.~'id,lll nlll1p!l ted the
!lclrin.:-; procc;;- or reached Jp'cuncnt a~; to tl:c inLTl\)~;C ~l III lh,."c a~~ ."r I forth Lit: 1m" in ::it: h,'( chon (~~, if thl'
fcntlI 1\ltC i~,; propo.;cd to inLTLJ,;C ill an ~l1F,Dunt l~rc~',ter th~lTl the arplic~1blc C~PI.\tuch timl ;L' ;u"
incoming rflllbilchOlnc rc:;idcnt receivG' :;'Llch notice, rrDpcrIy ~md tTul\' lW(f!(1fl d, tk n jJ Ihi. ()ut,',tJin:~
n::,:idcl-..t did not C)ClTCisc or 11',]1';;11(, to eOl'nplctiun thL.'ir rit;ht to ,1 hC;lrillt; ;1::; .;t~ltui .11:1()',( in ~'lll\ 'l'ction ,\
or '"('<leI: ',','riUcn at;feCHlcnt a~; to tile afl:8ur:t of UK ::'P~',ee rent tor the il-"CLJmir:t~ n:obildwml f\'jtkr:t, thl'
incomiq; mobilehomc re[)idCl~t shall have Ihe !'igH to " he'1fil~g rq;nrdini; Ih,' incnw;e ul1<!er tb.
pn)':i:;i(ln~; of ~ccl:ion ().50.070, in the :;~m1C rna:lllcr as set forth in fcction.^. ;lbc1\'c. If the incomirl,~~
J\lobilchcnnc Resider,t hJS entered ir:to a bindir,t; lc.JSl' ~1r;rCcfFlrnt '.','ith the pari: O\\'I1CL 11lcludil\~ ~Hcnt
;nnclmt', the' incuAllnj; rc;idcnt ,';lull not have i:-lny fi,~ht to .J hl~Clrilli-;'
C. Tl:l.' p;:lrL J"\'IlLrl~: ~;L',lcnil'nt ~;haH conLtin tb: f(1li(P.\'int~;
~JOTICT ,'-NNll.\!. ClJivICL',T!VT' lZH!T INCRL\e'r I~J [XC IS" OF CFT FOI~ II [If Yr','\r~
,-----,--, IF YDe DO ~JOT T.'. IT ,\ClGN-H) I~FQC h,C;fA II r, \ T~I~;-H+--rj-it'
1\10IJILEH01\1T' EEI'!} "[VIEW C0I\11\1ISe'IO~: WITHIN TlUl~TY 1):\1'5. THIe'
INCREASI SIL',!.L BE ,\Urm.t'-rIC^.!.LY EHECrl'.'!: UPO~lllll. C;,'-LE OF YOU,
1\10BlLElIOMI~
--...--.----l.:fli:; is a :;btcl1lcnt of :;pacc rent ir~crG):;e-'<"I"'hich c;ccLcd:; +He-re'ff€fthtgf'.-i'llcrL~l:'L 01
the Con~:;~Jln(r Prin~ Indc)( (('PI) for the t...:LiVl lllonth period, :-1,'; n't'OItui 11.\ tllt' Hun ;111 of
Llbor S[-;ltJ:tic;, preceding th.:i:~ stalcnlL'nl:. fhe CPI i:; ',I' ,1I1d o-:i., innc,i:;c rctL~
Cl1fllllbti..c inc-TL:L;e for the :'1,1;1[[ of _().', 'rI:l:; iIKn';l:;l~ i:; in ~llhlitiOIl to till hJllo\';in,:,
alln'.\~lblL f!~L.." thrc:"l;h,~: [idLFltif~l' type and ~llllOllllt ot nt;ljor L~~tpit()l impnl'.[flH~l1t (lr uther
,jllowablc pa,,: tLm,,(;I1].
Under the city's Mllloicipal Codc. the uut;;uing fc;idlnt bc the [if:;! ri,;I:! tll .J
brJrir:~; or, the fental incrc;Jsc, and in the CTlcnt he or ~Jll:: fail~; to pur:'t1L .~uch hcuin,:, tn
cOinplction, the incomil:g rcsidcn: is entitled I~O file for such ~l hearint; \'rith U:c City':
CommllI:ity l)cnJoplncnt JJcparhEcnl:. In order to initiate a hC~lrln~;, YO:'1 11111::t- file ~1 r;,cq:lcrt
felf Ik,1I"in,,, Fonn with the Cih':; COlTIm:mi!) Development llcp.lftmcnt 'xithin thi!'t:-' cLr..: of
H1L' eLIte thj:; noUn i:; :xr\'cd un ','on, If :,'0:'1 do l:ot file :,'uch reque:;!, ','l111 rorL~it :;oe1' ric~h+-l:B--a
1ll';Jrjnt~ nn t1:c rent ir:crC~l:;t.
D. If the rc:;idcnt; \;ithin HIE .:JffectuJ nlo~lild:OIne F\~:rL I-..~nl est~lbli~;huJ .) npn,~)l'nt;ltiVL' hld~,' and lwtificd
:hc \rsncr in '.:riling of it; existence, ~l copy of the rent incrc,J:;c notice lllu;t he :;cnt h ~-hl ('!uirplr:;(1n uJ
that bod,,'.
13 .;L-.;J.~
L "\ copy of tJ:e rent increJ~;e notice "hall be maibi (C.S. Poslal Mail SCI"..icc' rdun: fl'Cl'ipt rUjCle::I.ed) 10
the COHl1l1:Ulity dC\TlopFl1EHt dcpartmcr:t of the City of ehu!.l '.ri~'ta, 27() l-'O:lTlh\\'C1Ll~, C~hl1Ll "'/::'ta,
C,\ 91910, at tl:c ::,arr:c time a:;lc's"'.._1;..1J1CC of tl-:.c notice to the runat and inCU111in,; rc;idulL.
r:-- /\fb.. r ;IFl-ifl8:-H+-H:t~'~~;idcnt cnt('t';; into a bi.:1JtFlt-1c1,T with -H4-t.:o-ft+Fk-e\;VH(..t,,-+l,t.-ft'lB~tH.i+lt~i'1:"~;idcr:t ,;J~itli
-H-d"'-l' n(l ri;_;hl to ~l hl'~Hil1t:; to ,lppc;tl -!J:c rent ,Hnllunt <l~;n l~d It. '" ith t[:h-' on,'lll L ,.~l-<:.:n(', ;L ;111 UK
di';c1o:'UIY rcquircll1l'r:t'.; by n:i~; ordinance l-:~l\'C l1LLTlll1cL
(Ord 3561. ~"(p.:rl) I'!".]; Ord 37]:", ~1 (1',11'1) 1'/<>8).
9.50.068 Moved to 9.50.040.
9.50.070 Initiation of Space Rent Review.
If a rent dispute cannot be resolved at a meeting with a park owner, a resident ~fI't-H4-ll1itialc d relll
revie\y bv till' J\tobilehoml~RC'nt Review Commission by filei!J.z a Request for Hearing with the community
development department, in the form prescribed in Section 9.50.066.
Upon the filing of a Request for Hearing in accordance with this Chapter, the City community
development department shall notify the chairperson of the Mobilehome Rent Review Commission oj slIch
requesl, who shall schedule a hearing on the matter within 30 days after the date of receipt of such request~ or
as soon thereafter as practical. The Citv shall send ,vrittcn notice to tlH:~ park 0\\.'11('1' dnd tIlt' 1'csldcnt(s) Jilin\T
such request for hearinv of the time and place sel for Ihe hearing. The hearing will be noticed and held in a
manner that provides due process to all affected parties. ~;h()uld snch hl\u'lniJ iltt"ct rn,lf" tiki' ~,~c(> it (,'
!l':()"){, '~P,il;'''; .'r! Uh' ni\',hilc!1U!l1{' pi1rk, Uk' [:);11'k (r~\'l]("r ell' ilh,'H ,lI'I'ill ";'dl! :'(hl il'! ," (;'i\'<.'I' 'i.)t ' \\'1_11;'
(:i" '" ,hi; :11" ,(, ['iE-k;1 ;:,)\,\' \,q [hi' \\TIl:lCJi ncdhT c'i Ul\' ]1<\11',1'1"
(Ord 2566 94 (part), 1993; Ord 2451 97, 1991; Ord 2227 92, 1987; Ord 2737 91 (part),1998).
9.50.073 Factors to Consider in Fixing Space Rent Through the Hearing Process.
If a proposed rental increase is submitted to the Mobilehome Rent Review Commission
("Commission") pursuant to the provisions of this chapter, the commission shall determine the rent that is fair,
just and reasonable, and, in doing so, mayshall consider the followin;; factors listed below. 'Il '11;,';1("
hilS rh' ,i(:thln'i(\, :'0 n~qLH'~;! In{()rJlldt'inl) and/or tloc'unh'nLlliul1 L'l:1U'd l(1 1111"< Lil"t;)f') lh;i ;l~:( 'ht'll] :!'!
In,d'-.!iI"'Ci,'.\1< d\.'li"nnil"til\lun r'li,' (_'('nlnlunit~, DI'\clor-.nlt.'I!! \\'1"<(1'\1' 'Til,iIL! '" ("E ',if" I,';' i,'(\'.ii,,:\.'
cd] t'\idul('(' L' he: I-\r(,~l'r;tt'd lu tJll' (-ommissi()n {ell' t!H'lr, \)11 ,H.hTdLhH', rill' CUIlunissiun's dCi.ision shall11v
based on the preDonderanCl-' of the evidence at the hearing. l'h0' Cumnlj~sion sh;,1l1 consider tlll:.~ followiIw
factors:
A. The need for the proposed rental increase ot the .;pac( in order to permit the owner to secure a fair and
reasonable return, when considering the existing rental scheme for all spaces in the park and all existing
or expected expenses in owning and operating the park, l 11 the' <1\. III , . "m. HI,,) ;!~ I" . Ii , 1',1.
A fair and reasonable return may be determined by the commission by reference to industry standards,
risk of investment, or other acceptable standards.
14 02. - .2..3
1. In considering the existing or expected expenses in owning and operating the park in jullo\Vin>:
pruc{cnL business practicesr the commission fthtJ"should consider the following or any similar or
related items of expense, the reasonableness of such items, and changes to them:
d. Actual financial invcstnwnt in pi.'Irk improvements.
b. Property or other taxes.
Bf. Mortgage or ground rent payments.
EQ. Utility costs.
tlg. Capital improvements or rehabilitation work.
e1. Repairs required.
19. Other operating and maintenance costs. OI.1l)rahlw lusts shallllot induclc) tilt' foJ1o\vint~:
I. /\'voidable and lllTl1eCeSSaf\' eXPE'nses, illdudinp. r('hn(lncinp~ costs;
n. An\' penalty, fees or other intervst assessed or ixwi.11'ded l'ur vir-dation of this or any
other la,\';
Ill. Legal fcps, except Ie v.:a I fees incurred in conlh.'ctiull '"'\lith SUl"ccssfu[ l-'oud-f<,lith
dttenllJts to recover rents owin~~, dnd successful vood-faitll unL:HvfuI dctdiner actions
not in derogation of applicable lavv', to the extent sanH.~ dre not ret.'overl'd from
residents.
1\'. De1.1reciation of the property.
\'. Any expense for \vhich thepdrk (}Wller hdS bcell rdtnbursl~d bv dn\' SCdIritV deposit,
insurance scttlelnenLiudf~m('nt for dam<lECS, Selth'1l1Cllt or allY othcr l1wtllod. Cost
of re~)laccnl(~nt or [('pair incurred or JH.>((_~SSdn' dS () n-_'sult of thl' iJark o\\'ner\
nedie:encc or failure to Inaintain, includinp; costs to correct sl'riollS code violations al
the park.
111 (~'J\sllknnp the l'XlstllH~ or expedixl incol1ll' j-rolll U\\TliIH' and ';'(,Lltm~' i'" p, :-1;;, tilV
((Irnmissiun, should considt?f the rent schh,lulc' tur dH Sf1dU_,)S in Hl(_' park ,1.1hJ dn\-, 'ilL': ;\""t!:c'd
itf'1l1S \,criJ\'iIH" income for tl1l' InobiIchollll' l'drk tor lhc IdS! thn'l' vcars, ii'll' !\__'dS()I-liY,]Uli,'.'-i'; dl >uch
ih'ms, dnd Ch;-HH;C~S to theln.
~B.
Rate l)f return earned bv the park O\1\'n('r in previous \-'Pars tlS dckrmliH'd h\.
'clIlduct('d j,\, d \.kmlx'r ,'\pprdls,ll !nstitute 1\1\1'1 dPI \'di"",,!' P1liltldlh ,1\')"','('.1
th(' (Hk ,)WIlC,T and dt tJl(~ park (l\VHe]"s l'x!'cns','.
!dlf n JrL"t dPl.1LTlS,lJ
11\'(\1,
:, , {'it\' ,In({
14L The extent to which the proposed rental increase will cause a reduction in the resale value of the I
mobilehome.
"']2. Changes in the Consumer Price Index for all urban consumers in the San Diego Metropolitan Area
published by the Bureau of Labor Statistics.
Pt. l:el\l' 1,,,;lull': cl1clr,;ccl lor I'alr market rental value as determined b\"comparable~ ul '01111:1", and
,',Isl n l\' mobilehome spaces or mobil"homes in Ihe South Bay area of San Diego County, ",e! IIdl It''' 111\",'
ill ( hulll \'1<;1:,\, ,.lS cldcnninC'd b\' ,111 ilPi)fdbf'l' llHllu,'lUv i"'Tl'",d UL)\J!! l\\' 111\' CIIY dnd ' pari" ()\\"i'1c'r
,\!It.! Jl' tht: Pilrk u\vncr's c\F"l.:'nsc-\
1ot. The timing and amount of rents and increases for this and other spaces at the mobilehome park.
+'C. The quantity and quality of the improvements and features at the mobiIehome park and all\' c1ecrease or
increasl:' in such imPfovenlents and features.
15 02.-"-'1
GH. The quantity and quality of services offered to park residents and an\' deCfL'aSf' or incn'dsL' in sllch
improvements and features.
(Ord 2551 91 (part), 1993; Ord 2737 91 (part), 1998).
9.50.075 Fixing of Space Rent in Excess of the Permissive Rent I nUCd"C.
The rent on any particular mobiIehome space shall be fixed as csldblisli,'d herein 1\11\ ,"'lermin,llloll
of fair,iust and reasonable rent deternlined bv tIle COllHl1ission shall not llL' app!il:dble to Ul0St' SPdCl'S
exelnot fronl this Chaoter nor to thos(J spaCes not covered bv tilt' vl'fittcn notin' of an increase ill
rent..follo',',;;:
A. In the event that the resident and an owner reach agreement .1S to tile '<':;)1,1((' rent: in eXL\'~;;;' (11 (hi: amlll,l!
I)Cn11ISsIVl' rent inCn'dSl' for ttut calendar vcart with or without the benefit of a commission hearing, the
rent for the "p",'e shall be fixed at the agreed upon rent at such time as the agreement is reached unless
the agreement provides for a different effective date. ii JlI i ti",,;,.i11 '!,b.T' i '" I!'
,I::!(,; J h\' ;.11',' 'tdlcqLllnlLC rn1l1::','ifHl lLL rmjl:;l~LU rt,~;rljj It, Jlie' ;,1HI 1'(1. ,( jiLT
11-- thIn the event that the resident and an owner do not reach agreement, and the rent has been established
by the Commission according to the procedures herein established, the rent h.>f-#1e-"t'rlf't'-shall be fixed at
the rental rate so established by the Commission as of the date of the Commission's decision, or ninety
days after the resident's original receipt of the Notice of Rent Increase, whichever is later, unless the
Commission shall fix a different date.
C. Consistent with its findin~s, the COllllnission mi.:1V:
L
Permit the requestl'd incrCi.lst' in I'XCl'SS of thl. ,)[1I1tli.d Ll;'nIllS~I\'l' ft'nl
increase to become effective in ,,,hole or in part; or
Deny thl' increase which i~ in t'\:,"','S~, \;j i li, ,iiUHldi i>'!'nn"i"l\'.' 1"'111 ,'L'
o
-However, the Commission may not set the rent lower than the pre-existing rent or higher than the
amount contained in the Notice of Rent Increase in excess of the dnnudlt'l'rnlissivL' rent irlLTl\lSe~.
GD. Unilateral Refusal to Participate in the Hearing Process. In the event the commission finds that the
resident or owner has failed or refuseQ to, in good faith, follow the procedure herein fixed for the
establishment of rent, which may include but not be limited to refusal to attend noticed hearings, '"
failure to provide a cot'\' of all rent increase nutlet'S to residents then the Commission sh,lll Jix tilt, rent
lor Ih(r.1\' :;h,,1I be fj",'d as follows:
1. If the resident has failed or refused to follow the procedures herein fixed for the establishment of
rent, then the rent shall be fixed at the rental rate contained in the Notice of Rent Increase in Excess
of the AIIDnal Pennissive Rent IncreaseCPl.
2. If the owner has failed or refused in good faith to follow the procedures herein fixed for the
establishment of rent, then the rent shall be fixed at ,npml fUl!,,] 1:1, Il..' t!'.t't." 11:;, r the
,mnudl permissive rent iIKH'dStJ,YI. y.~hl.n the (J'] i.' thru l,llJC~:nL (',", ~ I.' It . ~.c~' ,'CL, I'll ~iI
tLltclLl]i;,:(il1thl(,'l-)I,-lbc,'L~thrccC,T;~Clit(J('/) .1rtJ,.~lnll.unl((11,lin; :il ~'h; ~< ;~;l.i
::::' L' iL L,~'(',,;:'~' f tltl. :\anu.11 I\nnj',>l .(EL li:;nTJ~(])l.
16 ~ - .;LS""
+)1. Waiver of Fixed Rent. Notwithstanding the aforementioned manner in which the rent shall be fixed, a
refusal or failure, accompanied with the knowingly improper assertion that a greater rental is due by the
owner or his or her agent, to accept a rent payment from a resident in an amount which is equal to or
greater than the rent fixed by Subsections A, B or C of this Section shall constitute a waiver by the owner
of the right to collect said rent, in its entirety, for the rental period for which the rent was refused, unless
the tenant consents, in writing, to waive the provisions of this Subsection.
1'. All parties to the hearing shall be advised of the Commission's decision and he given a cop\, ot the
Hndinp-s lIoOI1 vvhich the decision is based. The conclusions and findilli!S of the C01nmis::-;ion Sh,lll be
findl.'\nv pa.rtv disputin~ the final conclusions aIle! findil1t.'s of the CUIlHlllsslon men sl'ck rt'\,lPw of
tilt' CununissicJ11\ actions pursuant to Sections]WN.:5 .111(1 H)(LLh of the Califofnid Codc of.("ivi!
ProCl:,d u re.
(Ord 2566, 85 (part) 1993; Ord 2551 81 (part), 1993; Ord 273781 (part), 1998).
9.50.076
Ne\.v .111<.i l'rostledive Mobilehome Residents; rransfcl's of iVlobj/choI1lcs,
/\. PriUf to or at tIll' time of at'Tcl'inp t(\ rent tn (lilt'\\' ill' l'H)~;PVCl"i\iC llHdliir'h,l]l1t "sidull 111,1
lY1ubiJl'I1C)[l1C park, the park (yvvncr or tht,'jr Zlt1,cnt Sll,lll llf(l\'ldc the Ill'\\' ill' l'ny;p(',-:!i\'" i\UbllcI1(,mL'
rf,~~jdenl \\,ith ,1 enl)" n!~ tll(' disdosUH' dS sPC'l'iJic'd in (:;I'Cti(l!'l Q,::1{IJ1::-::'\ of 1111') ('hJL\(('1 i)j-1\ oj all\
;H't~ (' "Jt l\'nt in;-Tl'd:;l', ;11lt1 ,1 (Ur'\" (If this CJld):'kr ,F" ill-j\'nt!v ill 1(1]'('\',
The r\;lr~ (\\\'11('1' n1\lst tnJknv ,iJ.]prou'dufl->S ,In(\ (i,'lIUlfl'111l,'nts Il\f dJs\,lnsIIT(' em\!
Jr1\T'\l"l':; illl'\Cl.'SS fA UK' (l'! as set (orth in thIS ChilPtCL
'-,icin\' oJ rent
I\ll'k i1\\'lh'rs rnust COlllPh'l,vith tlll !~rovisi(ilt':i or C a!i(unlit! C'ivll (pz!" '::-qs,'-'o l_'l
transicrs oll'llobikhcllllCS, incluchllg the pl\lvisi(\ns ut ( i\'i! ('\)de SC'CbilllS 79~o::~:; tIne!:
1'\': \tt-,j k'
q .50.077
V.1C.1ncies and H,ents Uoon ChanRc of l''vlohiiehnme Chvnt.'[ship.
;l\\IHisLindm(: ,Hi\' oUler f"j'(\\isic;p nll!ij, IE1\ (\'1 [ii" il\"(y!!\'li"ln,, 1"i1': '1\\,1," '1,1\ 'ihti,',j<;l'
"j1,lCl' n.'ll' 1ll till' cVt'nl cd it SI1dC(' V,:lC,mlV or d ChdJH'C nl !1\\'lH,,],,-iI1W tit i.l 111C1l1i!['I1PilH' ,"!liITi \\\: !"l'i'11tlin ()11
its (Tlrrelll ,,[1<\((' in ,KuJrddHllc' "",iih thl.' lolI\lwiw~'
\
In tilt, ('\';,'111. tlldt ,'1 Sf'dC'C h'CUlllCS VdGlnL tilt'll is, \\ ,th nu il1c,1.1ih_':'HHi1C ii, :'id(',
(l(lil]~t the 51:-'<10" rent: with()Ut rCQanJ tel the pl\l\'isi,m,s ,11 tins C']ldJ'tl'L
v\. ;;:,'1' iTld\'
l-L If n tllOhilelwmc chan~~cs o'\vllcrship 1m!. renlains on the Si,lIll(' ')1.',1((' ",-!thin the' rnpbilci (('!rho; 1_'c1rk, tJ](,
1)(1rL 0\\'11(,'1' Inavpropose an increa9-;~ in the space rent sllbiccl h) tht, llUhelli\', j'1'llllin'!l> ilL; (:~'ril:d(n('d
h(;)"I'in, !--lc)\\'('\"('J', 11(1 1'\'1"1[- inCTC(lSC nldv be chdrc:c(1 up!,)!; C]l;HH:~' 01 u\\'l1l'rship b\ r(,J~';(':' ~:kr';p(n.1s,1i
ir,jl"Sh'T''-l
i 1])'. llH'l'['dSV l~ ill ddditlon tu the ,111llHdJ Vt'nllissj\,"(' rt'p! il1Cn'ilSC ,y; "d )Urtll iil ~1\'\!i(;11 ;',.-)u,U5!' dlHJ is
11\)l C,U!.'K)d to [h1:' (l1H'('-d-'n'ilr 11111itdtiCHl nf ~)cction 9.5(),O~~(1 ,:\
I), \It\'r <.!ll incn,'ds,' under this Sl'ctioll, lurthcr r.,'l1t IJ1CL\t<',,, "';]1<d] be' ;)ll\',:1'1'\\',l ;n' Uw PI \!"';1i'!h (11 ij1!<
C11(11\te1'.
17 ~ -.,U,
E. ~:~,houjd d current ll'wbilehorne o\vner dC'sire tu scJJhis or l1e'r i11(\bilc]u.Hnl.' ,uld <,licit iTi 'jj'.,Jh)[HC \\'iH
remilin ,,,'ithin the lnobi]cl101ll(~ park. the 1T1obik'huH1c (lW1H'r 11H1St pro\.'idc il writtcn III lTc' ill thC:'drk
U\",:Jl('r or t:hl'ir dPC'nt of his or lll'r intent to sell. \:\'rthinJ:':' d,)\'<,; oj till' rl'ccik11 of d \\Tlt!(:n ,)Otic' Cd the
cur; '!Ii i) nhilt'h(lJllL' nwner's jnlf~nt ((1<':';('11 the mpbHchurne, tIll' l"drk ,)\\'\'1\'1' Ill' Ihj '1' j i]j ~~1\!\ idt'
'" it;"" ~tdL:'l)1"llt dS tn thz' 1"1'ntcd r;rb' tp be iJ!:!VfCd to tll': 11l'\' .)1' IV'
u\( " . '\
':('1 li1U
\i 'ill ilh [i 1:-:1." il\ tIle ('xislin,r !'("nldl fdlc is rlrL1l)('S('cL Ul': ,('l)'" ,',',n 1[,
."" Ui,L'
n ;'il ,I' HI
:H" :\1'
(~hould no OHtT to purclwsc the lllobilelw!lH' be ,jcu.'l,tC'd\Vlthin si\. TllUllth<.; ui th' \\T:t[,'.. <Id!e: W"I "
the rental l"<.ltc to IX' offefed to the nt"\, or pn)SP('i:t!Vl' mOl1ikhi)nH' (1\\'11('1'. lih' 1.\lrk '-'.iii'" ,r 'hI. 11'
d}~(\llt n1dV p[(lvicle (1 revis(,'d \.vrittt.:n stalI'lnenl ill t:J1(' renLdll\ltc III h' nJlc'I\:'d itnd \\lh'l1 i' su, n j'; ntdl
nLe i~, ill cxc('s~; of the annual increase in the ClPp!ic..ll)]e CPI, Such wrrttl'n -;ldlVTrl\'li! i'Jn (Jt' n.:\iSC il',
the l1<1rk owner or their i'\j';('nt ('\'en' six months thCTC,tlhT dnd shil11 be illlllil"didtchf,!fCI\'ill1'd h' till'
t,'llrJ\'nt mohik'honH' (\\\'IH'r
t'1'i ,1 "\,'f'L;I:\(' "i (In (li'tcr tu plll\h,1SC d JTh:hilt'lhill1C' HIt' ;Jutp(l!tL'. LthlPik'.lh.'l)t\
\Vn,
;hdli
!nti., dldH!\ Plo\ldl V\Jl{[Cll l1i)thC 1\1 thl' J1(1Jk \)\\J,l'; \\1 their (wellt uJ the' P"Hljj;' ;(\1; C" thc'
lt1ubilvhollH.' tine! dn dddn>ss dt \vhich th(~ fH"V IllObiJdh..H1W l)\\'lwr 1ll<l\' Ilt.' l'('!lLll'kc1 'dn, (,' ,.', i
Slld!! L~ro\ide to tlll> nev\' 111nl,llehume owner d \-Vr:ittf:fl sti:ltpment dS j(l U1C j\'!l!rd fdh' 11;'(('\1 ~1(i(
if dl1 incrl'ds(' in the C'xistill\J rental ratc j.r:; prnpOSC'lL till' (\')]TC'SPUlldiw' 111.'1'\ ('l11<H',' ,,', dC;(' In f('il'
within 15 days 01 1't'cl'ivilH' \vrittl'n notice of till..' r\(\ll\.!l\lt' saIl.' (Jf d Il1cd:Ji!c]1(\l1lt' ill\. ,." ;'i"'], 'I' ;hr,di
also provide the ne\\' nHJbilehol1H' 0\\'11('1' H'iLh <lIlV \Jther dOcul11\.'n! reC!Ldn'd b\ (..'djjj:criltd (j\, l! ( ddt'
section 7~)0.7S( d ).
Th
L1(': \'\\ '),T OJ Hh'ir ,we'n! shdll Pfo\.'idc d cnp\'
':1'1' iit ',f.\ mubJh'hllllll' (\\\'IW)' lu [Ii;
dl (',ich \\11\1(']) ,;tdknh'nt ,11 l'i'I,1
in !~(lth
\'il'
U I,;
i'! ;[1;',,('1,'
'\'t' r!]\'j\: ~t lh(' ';,Ull\' I1Iltt' ,lS iSSUdllU' ul tlh' j]()ti....(' k' dl,' ,;(1'f'n,! ,11\. ", \\:'i;..,;'LI\,
(np\' nt II,,' rent incn'dse !lobn' slid]! be mi.'lil\.,d it ('1. i' i,.;i<1J \Llil ("e1'\'11.( i'l'!urn 1\ I;
till' (, (ImllHmiLv lkvclopmenlj)('p<Jrt'I1lC'nt of the ( it\.. n! t... huLl Vistd 'l';'(J :-,,' rll1
C'/\ \r!1I1U. If lhe residents \.vil:hin tlw atfcctecllJ1obilc>!)C'Jlk I1drk h.':\'l' '.'<';"iblhhi'l1
b()d\' dnd lloliJil'd the ownl.'f ill writi11 fr of its cXlsh'llcc, d n.p\' ut ('(.1\.11 J'l'ntll'JlTC,l"" l1c,[ii'i
(() the ('hairperson oj that bod\'.
'..'1 ;"jl\.
",L(,j':
i \ '~,Li,
',H'(,,:~
'!11...)h\..'
i.l\U:;:
b!'<1.'1ll
VV'lw!'c ,Hl inCH'{\Sl' ill rent tu the Ilt'V\.' or prosJ)edl\'(' rnubilcllUI11C (\\\Th'f i~. prnpos('(i dild results il1 ..1
!uldI rent increase in tbe' calendar ve...n' abo\'e llll:' dlHUul!1erlnissJ\'t:' il~pf(l\i(lt'd In '-'('{ linn ll.50050,
tt,(, t(l!]"J\yjni~ ,iddiii(ln~d J10tlcirHT n'(tu:ircmenls dlld n.'VlC'\\' l'r(\cC'~" ~1),)J! ,IPPh':
IJh' ('<irK ('\\llcr or tht:'ir ,["cni sh,lll pl\)\Jdc tile ((;rn:'J1L O\\TI.l'r ,1111.1 the J,( ')<[1t'( tl\\'
il1obih'11Unll' (l\\']1l'r \,vlth ,I '\intiCl~ oJ Ri.'lll In(:rc,l~;\' in !\U'SS "j till' ,\nIHlcl1 ;.;,.: \(' \~I.\JH
!IKI\\l.'iC Uj-'on (]l;Hl\.~V of O\\Th;rshlp in subsLdlltiail\' the tur\11 i1!'("',\ ,-il."\ ';,1 11' i;' ell
thjs ('h,lpk'L Such \vriJtcn stdlenlcnt 01 the 1'(>1"11<:11 rd!:e j() l..,,~ \lft; red shid] ;\J!,i:;':}il ':,1\, ip til"
out~:oin~r m()bllt~holll(' uwncr to rKk\l(HVlcd\:.'\.' fi..'l'l'lpl ul the '';!:dll'1111..'nl III n< .'ii;' ll\\tlC('
provided to [h(' ne'vv or prospective 111()bilc!lunw 0\\'11('1' shaH ;d.">o state \,\'1\(';:]-:(,1 Uk' nUTt'nt
111ubilelHJllH.' o\-\/n('[ COl11pleted the heariny l'1TOcess or reachC'\.1 a~.:n:>('mC'nt rlS !i.' t!l<,' 1J1,TC'dSI" it
the rcnti'.li fall' is pro1Jos('cl toincrc(lsc' in .'In dmount t'~r('atcT t!ldll Ow <l11nu,lI t"ll'rmhS1V\'
ith,.]' L11l' dltTCl1f Clj" lIl'\\' rlwhileholTl(' (n'''11-;'1 ::,ildJ! n,n'i' ['h" '" lot u,
!;,
'.i :".\\':';1(1]1
,,] i';J) !\<' [1](' iikl\'d<.;(: '..lTl(kr ti;,.' "nY' 'i"Il' -:li
18 02 - .2. 7
[<,';IUt'S! JI)l" lIhlrlIH'. l'Ofrll nll1st L)\:, lih.(j \\i1iL!! 'n,;-!',!;,,- i't'\ic'J\"
,'>ldkli\l'l1t \Ji rvnUd 1',11:(' [11 <,[dl<-;tilnlidll\' Uh.' !onJl [)n,-c,', riLl\'rI r;:\!'l"'Il,,_li> (~'l'
'j> '\1:Ll\'1i
9.50.lJ!7(,078
Right to Mediate MobiIehome Resale Price.
A. In line with the purpose of this chapter to maintain a supply of affordable housing in the mobilehome
market, it is the goal and objective of the city that an out1;oi"S resident" current !l1obil"ho!l1e owner
should not be able to command, -due to limited mobilehome space availability, a higher price for a
mobilehome upon sale due to the fact that the ~ rent is regulated by the provisions of this chapter.
He ,,'l \l rf ([he ('it\' E~ouncil finds that there is cUlTeutlv n(l i'\'idl'l1C\' that l';~tl nl ,lnd ~)n...lll Ill'( n:
overcharging for mobilehomes is Hef-seQ significant a-problem in Chula Vista, -and that it has little, if
any, significant effect on the supply of affordable housing in the City of Chula Vista,s<' ii' to require
mobilehome resale price regulation by the city. The Citv Crouncil feej,;linds that this is due, in part, to
the dnnual permissivcttint; cpr rent increases provided in this Cl1apterill rent:; \\-illwut rL_,,-jC1".
I-lcl1,.\T';Cr, on a Gl.;c b)' ca.;C ~lll~;L, there may be i:;obtnl cccurrcn"::l':; of llYLIThaq;in?; fur nwbilchul1lc;
due to ::pan: rent rcgubhor., aHd in 5uch c\'Cnt, :111)' ;1bU:T,''; C2ln bl~ :JdCq:J:ltcI:/ ~lddn'.';~Td by till'
mediation ,,([{-red by this ""clion. The City Crouncil further finds that if, after time, it appears that the
mediation process offered by this section is inadequate to address -EReall\' potentiaJ problem with
(1Verdldn~inf':, it may reconsider more stringent control over mobilehome overcharging ill tlK' fuLl! reo
B. The park owner shall post the following notice in a prominent place, in the on-site office:
NOTICE OF THE RIGHT TO MEDIATE THE PURCHASE PRICE OF MOBlLEHOME
In addition to the right to a hearing on an increase in ~ rent above +He
"l'rlieablctbc applicable CPI, a potential purchaser of a mobilehome has the right to
mediate the purchase price of a mobilehome, if you contend that the purchase price is
higher because of SJ*'€""-rent regulation, then the purchase price might ordinary be without
"f'i'E'C rent regulation.
.-......-In order to submit the purchase price dispute, based solely on the grounds than the
purchase price is more than would ordinarily be without ~ rent regulation, between
yourself and your potential seller to the Chula Vista Mobilehome Rent Review
Commission for non-binding mediation your must:
1. Extend an offer to purchase the mobilehome, but not execute an agreement to
purchase;
2. Sign and file with the community development director the form requesting mediation
prior to executing a purchase agreement; and,
3. Participate in the mediation process provided by the Mobilehome Rent Review
Commission.
C. If, prior to executing a mobilehome purchase agreement, the ilU:lllllin,?, n',_;idcntlH:'v\' dr prus1Jedivl'
mobileho!l1l' resident contends that the price at which the mobilehome is offered by the out!;uinr;
resident current !l1obileho!l1e owner is higher because of ~ rent regulation than the price of the
mobilehome without ~ rent regulation, the tnCOlr.int; rcsidcntnE'\tv or prospcctivemobilehonll' O\\'l1l'r
has the right, upon tender to the seller of an offer to purchase the mobiIehome at a price acceptable to the
19 0l-c:tE
inulmir,;; rcsidcnblew or incomin(; mobilehome o,,"wr, to submit the price dispute to the Mobilehome
Rent Review Commission for mediation.
D. Upon submittal of the price dispute to the Mobilehome Rent Review Commission by the in,'onnni;
f<"ii<Jf'HfnCW or prospective lllobilehollle OWlwr, the Commission shall convene as soon as practical to
hear the dispute, not sooner than 10 days notice to the buyer and seller of the time and place at which the
mediation shall occur. If the Seller fails to appear, the Commission should hear the complaint and
evidence of the incoming rc';idr ntnew or prosp,x:live mobilcholIlc uwner for the purpose of creating a
record of such abuses, if any. However, the Commission shall have no power to set the resale price of a
mobilehome with or without the presence of the parties.
E. The purpose of the mediation, and the sole jurisdiction of the Commission in the mediation, is to get the
parties to agree, if possible, to a price which reflects the value of the mobilehome as if the ~ rents in
the park were not regulated by this chapter.
(Ord 2566, il6 (part) 1993; Ord 2551 ill (part), 1993; Ord 2737 ill (part), 1998).
9.50.079
Findings Regarding Serious Code Violations.
i\. The eltV' Council finds that there currently exists serious hCdHh dIlLi siJfety is<.;ul's in certain
lllobilehnlne parks within the City. These health and safch' is~ues are Pdrticularlv <Jeule .in the nldcr trailer
parks in the City. In order to establish a minimal level of health and safety slandMds whid, must cxist in all
tllobilchome ~)i:lrks prior to any rent increase in l~XCCSS of the annual permissive rent inLTcasC', the City
Council finds that the violations listed. in Appendix 'f\yCl constitute serious code violations \",hieh md\ nGt
exist \vithin il nl()bih~hnmc park at till' timc' of the 1.11'01.10.<.:;('(1 rent ilKITdsc.
llfhe Cit\' Council further finds that the provisions of this Chapter provide for a suffil:ient
return on inVl'stmcnt i:llld i:lllovv for a sufficient period oj tiTHe to dUO"'!\.' park owners to meet the minimal
health ,md safelv stmH.iards set forth herein. The City Cl)UIlCi] finds th,-lt <h.10ptlO11 of thi" CO'lldPll'f dUf's nol
constituh.' dn action or inacticH1 by the City ",rhich will result in the closure, ('l.'ssation or chdlwe l)f u~(' of d
mobilehOlne park. Except in these cases where the Cit\r C\HlllCiL in its dislTi.:'tion, dccidt's not to rL'nl'\Y ,1
conditional use oennit or zoninr: variance as provided for in Government Code St:ction h5t:6,'\.7(i'L the City
Council finds that anv closure, cessation or chan~e in use of a 1l1obileho1l1C park oCCt1rrilH~ afll'r the ddoption
of this Chapter is the result of the decision of the lJ<1rk OVv'Tlef, and, prior to all\' such closure, Cl~ssation or
chanp~c in US(', themobilchtnne park {l\VJlCf ll1USt COlllPI\' \vith the provisic)1ls of Govc-'rnmcnt Codc sectiOlls
65Sb:1.7 al1d 658b3.,o..; ciS \yell llS the provisions of thi.' City's conVl'rsioll ordin'-ln((~, Chaptl'l" (IAn of tlw
tVlunicipal Cudt).
9.50.0811
Notice of Serious Code Violations.
II) ! Ih' ('Vl'nt cl Pdrk (',-vner "'[shes to In(1'('<1:;(, .-..;p,)((' ft'!lts in ('\'C'(''-;:-; t \j th( \iun,,;) , <;'),\(' ; \l'T: ,
JncrC'dSt;, hz) ('It" she fllusL first ~~iVl" notice to affected [esidL'nh in c()rn!~1i;lrH\) \\iUl I:h;' 1h,h, i:U:i':J'J>'lll"
contdint'd in Sl'(:tilln Cl.50.()tx), 1':,::1('1-1 parL U,;,,'Il(T ,:~h~1I1 Inr'I'" '. 'j~l, the :L tl~:~ rq,Jlre,TL: I':, 'W;.1 ii'
Section t},:50, 10001e Notice of a Rc'nt Increase in l::xo.-;ss llf LIlt' Awnlcll T\Tmlc,sj\,~' !\ent tntI^' ,1"1 :;lLllJ I'\:' l11
Sllb~tdnlii.1Ih,' ['hl' furm prescrib(~d in /\opcndix One pi this (]li.lp!cr dlH.i shill! it1clu(k inll..)rn1c1tl('>11 )'(,':'<:\rd[nl) 11
rl'vic\\' h.)j' ~';l'rjuLl'.; codc viol<llions
Ii" ['l,il'K (.,\\1'1('1' Slld!] pust, in d pr(lrnllll'll( pL,('(,
l\'sill\'iltS .In: (1\\'(11\' (ll thuse code \'iuLTbclI1S which rLl\
,....,'.,' ,'Ji
"Vl1l.il.., : \\il ,
"
'I" ,
tllt,l (Iii
(TCiLi ~;,'ri"u'.) ih:,dLh, <:;i!tCC\', dnd I,'
I il1'lbL.'1l12'
20 .;J - .:l. 9
/-:dilure tc rn<:tintain d po'_ded cop\' uJ: .:\J)t)('ndix r'\\'i', ur raiJUff' to pJ'(l\'id\' fh\' t1nh(c' r','
((llllh'C:tl\)!)\\'itl) tinY' nnlp\Jscd SPd('C' 1\'1\[ incn'tlst' shdll C\)11~;llLut;,' d \'i\ll,ILi"fl "i' Li)i'; ~-hd::'t('!
'(,ll.)~' :.n
j'hc l\,'Cluin::lnents \)t I-his St:'ct1on are not ctpr)!il.(tble fl.) tl1():-;~' r('nlllHTC,he~; llf\\..)ll ,> (!'tdli' )1'1; 1\\ H':,iHf\
01- d mobilchulllC to remain in the park,
9.50.081
Proposed Soan' l~ent Increases at a TinIe \Vhen There r'~xist Serious CodcVioLltions at
[)ark.
'\ \'jUlllil nlhb Hid!: dt tiJiH_'S rl'Sl,Jenb 'I ,'"fL" :U\\' IUc",t'd Ih,l.t tih'iJ ';J1~'
!llCrv'-.IS\."-1. ('\('11 tllou\'ll the: IXlrk is in d statL' \\'11('1"(' ':>t_TH'US \ ()(..ll' '!Ul,ltii\ih\vhfch Clif\'(l U' 'ith ':it;! ,t,;,
dIll] \\'('!L:n' ,If thcn'sidcnts f'\bt. rhr' (jl\' ("Jundt turd)>')" hlii..l<e; tJk'd ra1't< 0\\'111. reo Sh\111i-: . (,'(,:d1", d ir
()~){,ll!,' dftd Uldlntdin their j:1ilrks IP "llb:-itdl1tJdl \(l'\q"hlP,~ \\)1[1 q-','lil 11,1,. \,y, '; ,~n ;;;:::\ ;11 d
m{l!HH~r \\'111('11 IS not haZdr(ltll..J~ tu lhe IIl'dIU), safety Jnd \\clfdl\' Ii! [11\' . "ddi'lll';, i lh'. I'd ,i\
enU1Ul'<lPL' cnn,1v1i<:1l1C(' with (\K[(' rt'{lllirplncnts dnd to l)]"(lh'\'t Hlt' ht\lllh, ',,It('t\ ,1Ild lLiH" d ',11"I--
l\'sidl'nls the ('it\' ('(,lIlH'i! finds llldl it is nCCCSSdf\' ,lIld ,lpPJ"(Jprj,lI(' (n \'st,-tl,llsh d l'(; 'r., :illl'l nt'
l'rohibit ineTCdSt:S in rcntsvvhicl1 arc db(lvC the ,-11lnudi f'l....J'llllSsivl' n~ntil\(,T~'dS(' LInk::;", dnd I'iltl: il hel::> 11('('1'1
redsonablv detennined lor' eit\' staff that no serious code \']Ulilti(H1s ,1:" JisLt'd lil,;\r'J't.'ndi_, i '\\ -r 'ii:rek '-'\1>;1 ill
thl' 1),11"k I\'bieh \\"ouJd be h"lhUdous to the ht'dltlL ~(dvtv, drld 1'\Tlhln' ui the H'sidl'l1tS
n-'nTt', il1 d '';I!lldDol1 \\'11C'l"e e'l 11lOLJileh(H1H' "clrk ()\\)i('j" \S!h:'i 1 "):l.\.i\, ,\.' t> i't.'l ,:\
'llH1Udl ~WrnllbSI\'(' 0'111 11Kn"lsc, the (_ltv's PL:mllill\' dlh,j j:~lljdin~' Uq~drtnh!)!. :.;h ili <'i-H' L:. '!\ ;;)L' (H,n
\Jt t:h.t-1 suhjC'd: l)1nbi1p!1pnh.' p<Hk t.~ons:istent \\,ith ,''\PPl'ndi\ TWi1 \\Iddn [\\'\"111\ oU(' ,,21' ',,; ',1<11 J{)" (11
rvCtljvirH: il nutic(' 01 such rent incn'd5C'. Subiect tu ::-;Llltinr: limiLttiollS, c'it\ ';Ll!l \\ll) milL, :,'r!l'llt:1ilij']
'v\'ithin JO cl1vllcLn da\'s ul thc' inspectIun rd' the' sublCtt nHJbilclw!1lv ;'Clrk de,; lii \dwthVI r" '('I i<1\L(~
viulabon ()j" vioJ<ltions exist \vit.hin the pdrk ,md \vht,t-hl-'r it l)r lhl'\' do ,l.lh\TS(_)k ilf!e,i dh' !";'till] '-idLe 1\ <ind
\',l'!l\'ral \\'('Il,HC 01 n,'sidcnts. nW !loti('C' uf SlI('h dctcrl11indLiun ,,11,-lJI he' pr(l\'hlcd hc ,ll,\ 1\1\11> ')\\'11(1",'.
ilssociatie}!l dt Ole' ~JarkJvvhich is rl's;istcrt:.cl with the Cnmnwnity' J)c'vc!oPllwlll I'lvP;Jrtn1cnL ;111;,1 to '11._' pdri,
l)\.vner.. rile PiH'k o\vner mdV H1Pet \-"iih eitv ..L-lff to discllss the viobLion(s) dl)tcnllinC'd to L' <)\1 ,1fhl possibh:
,KtiUlI" needed t(l ("(11\' sud) vinldt!OJl(S)..
II '-\']'1'.'\1:-,. \'ii)!.lhon dS sl)('(iIiC'li ,1I,()ve j<; ,ji'tt'rnLil1t'i,j 1\' (''\1:-;[ til( (",In, ,',vi'" 'j( Ill>.
\'J'llati('I;, III \\'hlch ,';,hl' till' f('nl inc:rc'dSL' \vill become \ nc'u:i\',' I.! 1 1(\1) (;[1>..:[; l \1.i'i ;It','r [!I\' (i" "'(It ])('u
in thr' nUil~\'_' (11 renl incrC',lse, (lr tlj-,(1!1 fixilHZ (If the SF',-'I('l":' n:,'ut:s h- [he ('ommis,';!\JlI \\'hh ]J." ';1h 't l \:'ell.t
LIst OC('llrS dlHI in cornplianu' vvith Section \}.~jOJ)(),~ 'rhl' PiH!:. ','\\,11(:1' \\'l11 t\'\t'i\'" ;TtC'1!. 'Ii; de] 'il rnrn
the eitv cd: the curl.' pI i'lJ1V SIKh serious vinL:ltioll d~ dl'l:l'nllilll.'d bv Cit\' ~t,Jl'i. )]1 [Iv. dlle!'i;"l"" i,l1\.' 1111t(i,'r
of anv dllep('d code vl()L-.Jtiol1 shalll)f' considc~rpd as Pdrt 01 the' ht.'drlIW pr(ll'(_'~';'" (1.11 Ull.' }:1]"(11:';" ',1'-I'.',\';!.' 'Ir
the park (l;.vn('r lna\' n.'L1ucst a llC':HiJH~ hl~forc the l\,lubilcllcllnc Rent !\cvi\'\\" C:11HlInissJ(,n l:;., Il:Jlkr (I!
the (lll('~~l'd vloL:lticm's relation to the' f1fOposcd rent inlTl\lS(', il](l C\HlHnission iT1d\' rakcii1t.(\ 'llbh);,_'r'jtiull
an\' codt:.:' violatinJ1 \,vhich has not been resolv'clL in determl11inl:t III ~yhcll <,x1'ent ,I rcnl 11'1(_:1\',):'" '1'1\ ~bpuld
be ,1\Ju\\"cd.. i\!kr nl.:d<iJ1\l such dctC'rmill<1tiull, tht' (()nllTllSsi(lll shiJj] n\: Lhl' relit ;1'; L'l"(lVickd - 111 ,.)(',tjc\n
q ')(),Or(~ \)1 U11<; ( h<11)1<'L
!l ;," iLl! Uh' intent ul this sectIon lo Ch_\j,l\' ['('Ill liICl', :~lS, ',,, !LL('i\IL'( i\' ., ~'l' l(i<'
vicddtiuns dUrin;) the 90 (L~v T'I'riod rec!llircd bv Stille 1(1\\ Pl'](\1' Ii) the' t"!h'\ll\I' tLlh' 1.)1 ~lji\ 1\'n! in rc 19.
Ihis ~:;('Cl:!\.Hl dot'S nut lilllit or Fl'l'Cludc till' ('il\' l1'orn linh'vniillP in dcc\lrddlhc "-Ill, ciii 'I 'jit',]!", Ie,;\"-;
cl\:clinst d L1Lll"k Cl\Vnt.'r it it is lClund l'lhlt d viuLlliO]l III Cl)dl' l'\tsts ,ll the ll~Hk, I ur!lll'rm!)r' , ,iT,\ n:'\ iCY, nt
the' spccifH' codcviolahons listed in i-\pr1('ndix T\,vo is not intL-'nd('(J to suhs!ituh' ]()J" I:h(' n :lH'ln'h,\I1'-il\'l"
inspectiun pro~,~TLnn fur mobIlclwlTlC/trai1cr pLlrks (.H..lmil1lstcl"t'd b\" tll(' PLlll1lin~' <1[1(1 Huildill:' [\,'p,lrlIlH;llt
in cump1i,HK\' \-\lith rifle 25 of tIle C:.::difornia ('ode of I\cpulatinl)s.
21
02-~
9.50.082
Denial or Partial Reduction of Rent Increases Based Upon Code Violations.
I'lH' viol(ltiollS which mav' result in a ({('niaI or reduction in dl1\' pnJposed n1nt incn'd<';(' "j1;di '1-'
,\~-,.~" ''1.11,'111\\ <11 [)t-fllllSsi'-'(- j\-'111 inert'else an' linlited tel t:hly:.;elislcd in .\JJ1_'vndi.'\ Lh.'h vc,u, the
C\mununi[,' Dl'VP]OPIlH:'llt rk~l)clrllnl'nt shall send a cop\, of ApPendix ii'" to cdcll l)ark tor posting in il
C0Il1I110n ~ln"d dS reuuired ,Jbove. \']01I:1t10ns listed in Appendix 1\\";\ lwreto llldV be moditil'd frotH tirnc to
time by the Citv\'1allill'ef without necl'ssitv of additional ordinance tn' tIlt' ('itv (-nuncil.
In making d determination n.:~g-drding \,\rhethl'r tel permit thdl rent incrcase \-,,'hid! in CXC('SS ollhc
annual Pl'nnissive rent increase when serious codc \/iolations exist the COll1111ission dnd ('it\' sb1f-J shall
have the discretion to vvork "\"ith a park owner to brinj?: a park into o.J111l.Jliance over a peri(ld of time. IJ a
park O\Vlwr contends that inunediate cOll1pliance \'vould result in the immediate dOSllH' of i.:lPdrk, the
Commission .111\..i ('it\,- staff sha1l consider this contention and dddrcss \:11(' iSSlles of cOlnplialll\~ on a i ,]Si--t'\
\'T bdSis. lIl1\'\'l'vt'r, tlw Citv Council finds that (:UlllP!iilllCC with Hw lllinim<:11IH'alth dnd sd!vlY st,mdluds
provided ]pr Ill.'ITin ,yilt not result in sllch closures.
9.50.085
9.50.012)
Compliance with Law and I)osting and Disclosure RCQuirenlcnts. (Previouslv known as
EvelY mobih,'hOlne park owner shall (muolv with the provisions of the \1obiIchoml' l\(lsidency La \1\'
(ChalJter 2.5, Sedion 798 of the California Civil Code), and the provisions of this Chapter. r\Jsn, a coPy of
the MobiJd1011W H.csidencv Law and this Chal.lter shall be promincntlv posted in a cornlllon ,He,l of each
park's premises ill aU tiInes.
In dddiliun, the information contained in the disclosure bdov\' shell! lot, provided dS Jolluws: (I)
when d llllllJi!chorne in a park is to be sold dnd it \.\-'111 rCll1din in the l',uk the seller shall shu\\ th.' disclosure
to ,111 poknli,d bllvers; (2) thc pdrk owner will f'f(\VlLL' d \'UI'V (\I :11;' \iI~j i'lSUJ'(" [:' ~'_n.,l_l. d buver uf "I
Intlbilehonw that \\'111 rl;;~main in the park LnlJ',\' cd<' II I-:~. lii~i HI l'rhT ie' "~!1L -''';''~ ':/!''<l':;\
,)\:reenh'nf; and. (~)) a COll\-, of thl~ disclosure dckn{l\v!t.'d~'('d bv tJ"k b\i','Cl shall 1.1,-, an addendum t,l l'v'cry
rental dp,rccment.
MUNICIPAL CODE CHAPTER 9.50 DISCLOSURE
ChuJa V'isla IVIunicioal Codc Chapter lJ.50, \lobilehOll1e I\uk Space 1~t'llt
E('\'ie\v, governs allmobilchome park SlJ<lG'S hlf leaSe'S of 12 months or less.
For ICJses of more than 12 months, ChaptL>r lJ5U does IlL)t <lpplv, I.,cr Section
1:.).50.012 and ~~tatt' le1\o\',
Chapter 9.50 \!.l'l1crallv lllJolil's to, but is not lilnitcd to, rent control H1C'dSUfes
Of J.Jarticulaf interest is Section 9.50.063, \-"hich details the noticing
rClluirClnents for increases in space rent u 1.)(11\ d dldll\'C in p\\' I)('r~hnl ,',j
mohdehcnne that is to 1'(>n1<:1in within the park, \\'ht:thc'r or not U1L' incn>lsi
in excess of the Annual pennissive rent incrcase,
If the cUlllujdtive annllal increase is i~rl'atl'r than the dl-'J.)licdble chdn\!.L' in the
CPI, when the CPI is three percent (:"1 {';1 ) or less, clnd 75 percent of th,lt chanpe
in the CPT dbovc three J.JL'rcent (?,",{)), thl'n the 1\\'\\ or 1'1\'):-,:\'('('1.1\'(' fl),,'hik'hc\(p,
(\i,\Jll'f !lYll\'('r) ()r tht.' ('urn,'n[ mobllt'tlilllll' \\\\TH'r \,>('1[\.1') has the ripht to
22 c:2. - 3. I
ft.-'quest a hearine: from the Chura \/ista [\,ilubiIehumc l\L'llt Rt'vil'\\
COJ1Hll.1Ssion for enforc~'mcnt of ChaDter 9.50. iu; i !li]'>i ":' ,,;
p,H(l\:rdl'h '\ulTluldtiVt,' ,1(lIHUl inCl"l'dSV' me''-ll)') (IH\ !nUi H'11l ill< '-,_',1";" ',;( T'~
space \vithin the past Vedf. J-;'01' exanlP!c, il r!l\; dnnu,'Li ;-1\'1'111(\(;1'.-(-' ]'i'!i;
II1CTCilSl.; is IOllr percC'nt, but tIle n'1l1 \\',lS Incn'dscdk',')s tlldll 1'0111' PCrC\'11!, !Iii'
park o\\'ner lULl\, n:lluire d,n addit-i\Jnal rent llH_TC,lS(; HI'> In [-he toLd !; iur
percent \vithoul: b('COnlill~": subiect. to the rivht too ,1 Pl"lt-?d! PHn'isiuns ('I Hk
:Vl(\!lilvhulllC 1\11'1< SPdCl.' !~(,llt l\'c\"it,\\, ()rdindlKl.'. [his 11t'arin\~ must be
f(;LllH'stcd within 30 days of reccivinf~ such \'\Tittel1 statement bv sllbmjttiTH'~ ,)
l\cLJUl.'st hJr l-lcarillg Form the ('it\' of Chura \'isla ('ummunitv [)evclOpnll.'nt
DeparttI1t'nt, the d...-Idress of \ivhich is listed beto\\'.
A cop\, of thL' \lobilehoIlle Rl'nt Review Ordill.'lllCt' is available dt till' (~it\ o!
Chula Vista, COllllnunitv Development: Departnll'nt 2ib Fourth /-\ venue,
Chula Vistd, CA 91910 or one can he obtained from park mdnd\!~('m(,l1l.
i\cknuv,,1('dFn1ent:
~.~lFndturc:
U,lh"
~qlllll,11
9.50.087
Implementation Guidelines.
Alter d notiCl~d public hearing, as it deenls necessarv, I:h(> Conunissioll mdV adopt guidelines (11'
regulations to (lid in the inll-llen1entation of this Chapter and to assure a fair hearin~~t+ 1-lrOcess.
9.50.090
Mobilehome Resident's Right of Refusal.
A rnobi]ehOlne resident mav refuse to pav an" increase ill rent which is in violation ell this Chdpter.
Such refusal to pav shall be a (Iefense in any action brou~;ht to recover possession of d Tl1()biIchome space or
to coUect d rent increase.
9.50.092
Retaliatorv Eviction.
In any dction brouvht: to recover tlossession of a lTIobilehoule or mobilehome space, the court shall
consider (lS grounds for denial any violation of any llrovision of this Chaptl'r.Fllrther, the determination
that the action was brOUi,~ht in retaliation for tIll' Qxcrcise of any rights conferred tn. this Chapter shall be
\lnmllds l:or denial.
9.50.078 Criminal Acts.
(Sectioll repealed bv Ord ~ ,20Ot)
Tl:c fnl1o\'. iT\; ;Jets shJlI COl'l:;t:it:utc ;J crinlin.JI yiubtion of t:hL; chapLL r, il1cl:H1il1l~ the ()'SIll:!" llf .1 parL if
48+1(' by an o"sl1crTs agent ", .itl-. tJ-:c kn(J':.'lcdgc or con~'CJ--.t of the U\\'Ill~r:
23
.,.2-.3 :L
.'\.VJlowini:;ly dcn:andicj;_, acccptint; or rctair.ir.g an~t' Tent in C)(Cl~~-~~ of tIll' amount tl):cd b~~. thi:' chapter,
includin;; the dcm~H-:dini; of rent TS~liT:Ld undcrtJlC prllvi:;:cH'l.: of SUb:Tction C of ~C'CtiOll n.~-1\Hr5, C,'JTpt
lh~lt dUlhlfH_t:; for ~lFlJnuJ ir:crc;:L:C; in rent and nLt~llti~lt-i()r:~; for rcul fJL_nnittui ulll_kr (J.5C]J\fJC':' n :'hall no~
~)( ({CUrled iller;;.)!.
B, I~n(l'... ir:t~jy CCHnn1l'l1cir:i-;' OJ" thrc.-..tcr:.ir':.l:; to CllllUlll.'.Ill'C, or lll;linL1il:ill(~ ,111 c\'il'til1t1 or llI1Lrw-fu..l.....tMA-fHet'
pnl(TCdillb ~:i-;;lilrt;.1 rl':jdct-..t for n:c bilHrc to p~l: :1 I'l~nt ill L;(lT:;:; ur till ::ll1lCunt fi;:uJ rur."tunt hl thi,;
deaptcr.
(Gnl 2566, ~7 (r*",F). 1''')3; Ord 2551 ~] (part), 1<)93; Onl 2737 ~ I (perl), 19"8).
9.50.lJ8()95 Mediation of negotiation commissioner's decision. (Previouslv known as 950.080)
(Section repealed by Ord 2282 92, 1988; Ord 2163 99, 1986; Ord 1997 91 (part),1982).
9.50.1J8:l100
Civil and Administrative Remedies. (previouslv known as 950.(81)
A. Civil Action. Any person who demands, accepts, receives or retains any payment of rent in excess of the
maximum rent allowable by this chapter shall be liable in a civil action, including unlawful detainer, to
the person upon whom the demand was made or from whom the rent was accepted in an amount of up
to triple the amount of such improperly collected rent, and for such reasonable attomeyls fees and costs
as may be determined by the court.
B. Administrative Action. In the event any owner is determined, after a duly noticed hearing by the
Mobilehome Rent Review Commission, to have willfully and improperly collected rents or other fees or
charges, inclttdinh ~ln~/ h~c; ~lr:.d dur(;c~; dcxribcd in U-..c definition ul' 'F~'piJl\_ Ecnl" ir:. Seetinl il,50.lFO.\,
the commission may, on the basis of evidence received at such hearing supporting a determination that
such rents, fees or charges wi\ere willfully and improperly collected, require a reduction in rent or a
reimbursement of such improperly collected rents, fees, or charges, in an amount of up to tdrlriple the
amount of such improperly collected rents, fees or charges.
(Ord 2551 91 (part), 1993; Ord 2737 91 (part), 1998).
9.50.1)8;'1102
Criminal Remedies. (Previouslv known as 950.(83)
.\. Any person committing a criminal violation of this chapter shall be guilty of a misdemeanor. Any
person convicted of a misdemeanor under the provisions of this chapter shall be punished by a fine of not
more than a $1,000 or by imprisorunent in the county jail for a period of six (6) months in jail or by both such
fine or imprisonment. The follovvinj~ nonexclusive acts, \\'ithout 1ilnitatic\11 due to enumeration, shell[
constitute a (,1'ln1111(11 violation of this Chdl--.,ter, indudin}:', the O\\'lH.~r of a Lxuk if done b\' dn owner's i.1e.ent
\-vith the kno\,vlcdge or consent of the o-\'\'n('1':
A. Knovvinglv delllanding, acceptin~ or retdining an\" rent in excess oj the dlllount fixed by this
Chd\Jll)r, including the dpmandin~~ of rent \-"'dived under the provisions of Subsecllon L of Section 9.50.0;::-:,
t'XCL'pt that dl':mands for dl1l1ual inCTPClS(:.'S in rent and lle!:~ntiati()ns fur rent Pt\rlnittcd lInd('l" this ('h<lpter
shdll not be dt't:,med iHl'~;aL
24 .;2. - 33
H. Knowin~dv COIllnlencing, or t-hreatenilW. to t\)llllllCllCt', or Illdjnl(jinjll~r ,HI l:'ViCtiOll or
unhnvful dcl<tincr proc('edinp against a n:'sid~\nt for t.he failure to \.-,av a rent in pxCt's.'> of llH' dlllOl1nt fixed
pursuant to this Chil\.-)ter.
(Ord 255191 (part), 1993).
9.50.~105
Arbitration. (previouslv known as 9.50.085)
(Section repealed by Ord 2306 91 (part), 1989; Ord 2282 91, 1988).
9.50.lJ9ll110
Deferral of Rent Increases. (Previouslv known as 9.50.(90)
(Section repealed by Ord 2451 98, 1991; Ord 2306 91, 1989; Ord 2282 92, 1988; Ord 2163 910, 1986; Ord
199791 (part), 1982).
9.50.lOO115
Severability. (Previouslv known as 9.50.1(0)
If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held
invalid or unconstitutional, such portion shall be deemed a separate and independent provision and such
decision shall not affect the validity of the remainder. (Ord 255191 (part), 1993; Ord 2163 911, 1986; Ord 1997
91 (part), 1982).
9.50.1l~0 Enforcement. (Previouslv known as 9.50.110)
(Section repealed by Ord 2282 92, 1988; Ord 2163 911, 1986; Ord 1997 91 (part), 1982).
25 .;2..-.3 i
SECTION II: This ordinance shall take effect and be in full force on the thirtieth day from and after
its adoption.
Presented by Approved as to form by
Chris Salomone
Director of Community Development
John M. Kaheny
City Attorney
20 .;2 - .3 :)
\I'I'I"\DI\ 0\1,
NOTICE - RENT INCREASE IN EXCESS
OF THE ANNUAL PERMISSIVE RENT INC'REASF
IF YOU 1)0 NOI 1,\1<1', :\CIION Ie) I~FOITSI \ III\I'IN(; Ii.,
n II MOBILE! 101\[[ 1\E\'1 1\1'\'11\\' ,'(lM\1 IS"lll\, "VI Illi...,
iillRT\ !),\yz), nile E<(-J\!..\c;j' ~":f-L\J !~l ..\L' 1{}\L\!IC\l I'r
IIHlII\1 0>, 0)'\11') IN"I ,<.>()(1('(" Ih,m
nint"ty d,ws aller date oj !)otict'.L [\:CI:rYf \~-; J'!~()VJJ)rl) TN
'::1 ( 1 10\' tJ,'iflfl7<J E ISH) \NII c;rUILC I 1(' il[I' ':0[1(['\(
[(101 'lRE\IEVIS CONL\IND) TI lIFLT<
l'his iSd notice i..)f d rent incredse which exceeds till' dJUHldl pt'lllll....S!\l' ,,'nt {Ill 1('.1<';(' 1.'; '-'d! ill in
Section <J51J,IJ'iO oj the Citv 01 Chula Vista's Municipal Codl', I\n ,mI1lLl! rent In,'I"\\li'C Ii\('
pcrccnl:i;1~'{' increase uf the Consllmer Price Index (Cpr'! I'f)], the must reccnt tw~_'lvl' n:~) !lli111tili:('r~;'(_l,
J') !\'portcd hv the Uun__'dU of T ,(11101' Statistics. prt'n'\.,lilll'~ this n()ti~~v \\,11\'11 LIlt, C 1'1 i', i.hn'\ ',,'r',i.~llt
,,] ill" it' ,s, (ilhl ~..,-~ r)('l"u,)nt oj Uldj- c!'ldnOe in the C1'1 dL\()Vl' thi\-'("i'!"\'IH ) L', ,,!lil\\,'" '-" d ,1
;,J;-'L
(\V,inn;,
ih' ((l[111nl':<c;ioll. !h,-' CI-"J Ie;
"Iiij if ,\ .1> 1:1\l;)! ;,,'! 1111'::-;]\,' j,'\\!
is
iii" ilh.:n'<I':'i' IS
':) ,l!- \'utlr current rClll,
,\dditiU!\-J!ly', this i~ \lour nutice lhd! Ch,IIJtCf i.),:i(l !It the ('in' Of (_']nild \'l~;td \!!:I\i"nv (II,
spccifit'5 i!I<.1l rents In \':,'XCCSS oj the' annual p(-~rrnis";;l\'(-' l"t"nt IlhTCdSl' d~; sv! {,'rlh iIi <';':_','I,()"'--;O
cannot be ,'\uh'l11.aLiul11v inlTl-:dScd Itlf ,1lW [1ark whv,l1 tJ1t'J't.' eXlsts <;(;ri\!u:. vi()Llti"rl~' -,'~1';)!' ,"t'It'
(pLies, ,1S sPi..yilicallv listed in i\Plx'ncli\. l'wo to ChdPh:f 9.5U.
'nder lhe cit\"s l\-1unicipdl C:udv, VOtl arc C'ntitled to lhe fullo\,'jth~' r!:rhts:
Voluntan "-lct.'Ung, 1 (\111 t\'tluirl'd to !-Hdd (1 TJli'(::'tu,\' \\'ji:l) (:}1(' 1't.'sli1r'nh hi dhCU'j(, Uk ,'\'!>)Ld
i\',h(li"~ 1,\1" till' lihTC\(,l~C, 111\_'1Tlt'c,tin\.' \,\'illl1t, dt ;';LHl' tl\lh' {:llU";!! ,thin
h'll lLnsl dnd pLHC' (should be at 1110hdchull!e PdrkJ! Undc'J' the' ('1(\"<., \ \rd ilLTlh:t' , n\\f'\CT'; 'lnd
r('~id('nts (In' ('lKiHlra\led to dttc>mpt ill resolve diftc'l"l'Th_:CS ;me! I\,(h:h ,i. \O!llllldn <I',':', ";)lv:nl
r{'~'dr(tmSl: this ilhTl'dSC'
) Rif.:~:ht to a Hearing You hdVf' Uw ri~rht to JiIe Jur ahc'ilrilh' dnd ,J\'lt-TJnirLltion
I\lobilchollW Rent Revk~\,v Commission bv delivcrillP. d form tiS dl'scribc,J in S'.'ctiI111 q,~'lU.!>,'!' .u
ITld\' tik' !{)f sHeh hearing onlY' if vou or "our l"(:.'llrcst'ni;ltiVt' dttcnd the' InechI1J'. to cJi:;(' fl-\!
inCft'dSl' !"u fill' for such ]lCarinQ VOlt must deliver OW 1"('I]U('.')\ for jh'drin~' (',l)"rn tel rh:.: \, 'ity,-;
("()fnnHlnil'\ ])C\?tO'!OPT11('n[ Dl'pi:ll'tn)i,'nt \vithin thirt\' ,Ln's (If tl1(,' d ,tc this rhdii_'(' i:;C;(')""'('I,i ,
it '1,lll <it 1;11(11\1(' [\, (lLt\"nd till' nwduw ,15 .;;(:hcdl.1i\'d_ ':(1'-1 Uhi'. '];,'\.1. ((' 'ild ,I L
[~l(,d'-;\' ',ubmit in \Vrit:ilh'. {-() the ~l';lfk (l\\Jlef anel till' (onlliU,Jl1h- ik'l,. ,[,)ptJ)(-'lri I);:; ),\iLlY'" ni
lwliticdtinl! that V(lU luve dC'l:ted 10 be f\;_'prc5t-_'nti.:."cl ,-It suell mc'('inv' b\ ,1i1i.,tll,;r PdrL\ <'\.1.h,\-i,:til!i1
UK' ndlllC ot \'('U r I'C!ln~scntdtivc.
If d fl'~;idl'Jlt ducs nnt aUc'ncl this m('ctin~~ (Iris not n'pn'sentvd t',\, S(!l1h"Hll ,h\' \\1' '-;f1., , "h,d: iL ih'
riP:]lt ((J ;:1 h(>drin~:: but Ill;]\' rely on other rcsi\.k_'nts ul lilt> 11H1L1ik'hCl11H' !ldrk to "lL:'-'\' I;! blic
27 01 -.3-"
hC\lrlrW tu t,e' sC!lt'chl1t,)cL In the ('\'('nt a renUt'st for hC'drU1\' is inItiated, [:h1) ,)t'(-J()n \\ilJ flh'tud,' tilt.
(Cl1l inCl\',)~d_' is<-;uf:swllh rl'i'-,lrd to aU thc' iJHc(:h'd r~'slcJl'nt<"
l{t'\ii IV oj Serious lode \/joiatlons. In cinier to t.'stdbli",!'l,' \H;Cilnidi In,'1 '1\ h{:\lJth Jrl"
sLm(L rdc.; \\-hic:h nlUst (''\lst 11\ dJJ InubilchOlTH\ Pdrks Pl'lIH' (;, ,11]\- fCill: in, n'd~(' III 1 '\,l W
dnnu,l] 1_'i.'Clnls:;i\v rl'nt IIlCn,'<lS\', tllt-, ('it\' \viII contl,net all Jlbflt,,'tt(l,l Ilj thi" ')'((\1 ,j]"!l
'-11JnPilan\c. Hitb the' rc>quin-:-:mC'nts ()f SCC:ti()ll Li.S(!.(17Ci and L)t)<;I.:-d la''!)}'': Ai1111'1 hi; \
the s!)('(-ific ('pdt' vlc:daLiun.s \\'hj(11 app[y 11'ldV be n!J[dilice] !l\Jnl the' ntht\ 01 [\1"
Devl'.'1opmenl: DC(lilrlnh:'nt durinp 11(11'1n<11 businL'~;s hours, dTld 1:> (,-'lll irc'd 1,_' Dl '-'0<1\
(Ul11mon area 01 edeh f'arks prerniSl'S at (Ill times.
IlK' Citvwill p\'ovidl' notice ot its dctcnninatjnll d," [-0 \vlh'l!llT (11' !lul ,1 SV1'HHh Vi( L:il lr
\i ",i" ",:' ",!';I ell lh,,_' flhlhilchnl11C PJrk ,rIll! wh\-ih1"!' it ih. ",:\,;1'.;.;,,1\ it!;' '~1
:'lh,'i\,',.T' );! \\\,lr,UT' i't ]'esJt'h'llLc.; to dl1V h,,:';'I' ,)\\")(' \" 1 ,1iCl' 1!
,"'J~i !\'\: \\il!' Uk' ~li]HllU1llt\ 11cH'!Uf,11l1Cl1t i \'jUrtnl(' It ,{;h,: :1:\' ;',HI.. 11\ "
'!l\", init lit to 'tt!c'mpt to n:)s(11vp ser.i(1US ,_~(Jllc' VH 1!,1 LiUJiS dllI-Jih: \'\i; 'j('l ,Lt, j^\l'1'l(i\'
~~tdte LH\ 1'1'l(\\, lt1 the' ('JJ-,_"dlVt:' date (11 ,U,lV rell! 1tl\f('dSt ::-,',1'I(I;'\";! ;;UL'<iJ doc ~J"> ,"
pl'u]lIdc' Llw ("it\' 11'0111 procccdilW; ill <.It"CUrddI1CC \\'ith ,:,11 '-lPPh,lhl\ :,n\'s ,I Jl:I~,l ,j ur:
it il i~i Jonnd thdt:;-l violatlnn 1)1 code exists at the '''ink
rile 1"01 [O'\\,ln:' SPdCC lTumbcrs arc' subicct to this intTCase: [insert numbefs 01 (It(cch.'d SPi.I\.'l~.'-;l
11 VCl!l 11,1\'(' ClUl'.stiOll';, (If ll{'('C! more information rV\_I<'1rdiJ'Hf till' !K\Hiru: 1'(";)('''_<;<'' \lr <;vri('L!< ";llk
\.'lilLl!UH'- \ Ill' 'dli "ill the' Cit\;!t (flll)') ;.':{':; :;7:22.
P,'lrk 0\\11('1' :\lanailQf
!),Ii,'
28
~-37
NOTICE - ANNUAL CUMUEAIIVl IU.NT INCI{I"ASI
IN EXCESS OF TIIE ANNUAL PERMISSIVE
UPON CHANGE OF OWNERSHIP
II YO!' PO NO I I :\Kl .\("1 ION I I) I\H)lI '0 I \ III \1< I", 1\\
1111, \1()BIIXIIO,\!l T\L:'-JT RI\'II'\\ n'\l.\li',",!c\'\ \\illi",
iiill~T\ U\\'>~, ilW~ !N(]~F:.\(~I ~:'i--j-\Il Hl \fJ',),()\L\i 1(.\1
!_J-flC'fT\ ! iL\Y\" ITI1" ::)\Lr e\l ',: n ,-, '.l{ '::;11 [(1\"
>LIHI'c'r rCI nIl >~(JrK'l:\"C l<L(H'!j<r\jJ '\'j
Ilil iil'I'\,
L1
ll\is ie.: (\ :tutiCl' i)! d rc'nt inCF'dsc'\-\-hi...::h l'xc('C'ds tlw dlllHldi )l('rll1is::;I\(' !\'11t il1<. n';I'>i' ,)'; ':V( !(li" 'J il1
Sc(tioll Ll,;O.tF')(l 1..)! thc' Cilv nr C:huIa V'isld'S l'vlunHlr1,11 (-'"ld,'. \11 dJlillhll 1\-!1l ilhi\'dS(' ill{'
perC(:J1{<-H:e in(rQdS(-,' (If the C'onsurner Price Index (CPI) hOll' the n1()st j'('U_'I11 tVd,'h';,,' f12) Jl1lHliJl i>__'rH c1,
as reporlcll ]Iv the Bl1n~dU of I ,dbor Sh'llistics, prcccdill'tl this notice, when the' ('PI is thr('e' 1 iT', ill
(:)',\,) ()r less, and 7') rwrcent 01 that change in Uw CPT ,lbo\'(> t:hn'(' ~)prct'Jl! ()c ,) is ,dkl\\'('d wl!h\,"; d
t'jt~hl [(I a hf'drinp: of tlll-' Cnllunission. T'he CPI is '\J dnd the <11U1tldl !-l('nnt<.;';)v(' n.'nl ill 1("1' lS
ii1is !rll_:n\lSt' rl'lh~ds d ClmluL~tivc irhTcasc fur Uw Sl.1dl(' ul
nei,:-r ii\\
t\ c,\,1uninr\lJ l.,,'(h!C', ,,'un (l1"t'(~ntltJl'd Ii' !i', ,,!l(\\,ji' :,'hl';
I. Voluntarv \1ectlng I ,un required In ])cdd i-l nh'ctut~. ';nth 'yOU l,' db, use, I]:, "'Ik-T,\!
the ifhn'tl~;(, 11](' ll\ecbI1L'\-\'lll he at f':L1tl' lim,' (l1ll1'<( 1_,;' \\ ,dn;,
dlKl r)]dcv (should !)(' ill lllol)ikJlUlllC p<.11'I-.:)'1. Lmd"f t]1(' ( 11\",; c,rdindJlC',', 1"\'.'\'\"-' ,ii:i'
an' ('lH,'ourdi't'd h) dtt(~lnl)l to resolve' ditJen'llce5 ,Iud f('iKh d \'cdunt,H\ "L'I"i.'I'mvnt n'~_',,];
IncrC,'ISl'
"~ !;' '
,,.,
-,
Hight to a Hearing l(1ulldVe the nght to tile for it hC'drilp ,md detL'l'llUHdllon h the
1<"'fIt !';('vit:\\' ('cmHnissinll bv lklivcrirw d form <:IS dl'scTibc,l ;11 ~"(\t1un l,.1.->il,!l(ih.
r:H'!':' '!h'flH-> ,lwnvr hilS t!lc-' IiI'S! ['it:h! to (I h~)ilrin~! "1'1 (hi. n'1.L';lli\ll'C'd:'; dlhl!n :b."
'<he L ;1") U' pUrSlll' <,\1<.:1] ht\lr!lL' tn l,'ump!c,tjOIL Uk' l1i'\\, ''1 i1!'il:;r'i\U\V Il1UL,i!C'!i(il1i"
\.'Iltilll d L(l lilt' (nr StlCl1 d.I\ClrtIW 'ivith tIll' ('itv'::, C,)lJHl1Ulllt\' ! 1t.'\'t.'!(l))111vnt I\T)<lrtnlC'ni
\l(,i~(U':i,)Hlt
i,' '{'l]:
,l(
,d') 1::'{
)'fill L d\' file ('(lr "l1('h 111\11'1111.1 on!v ii-VOL1 (II' ,",our n,'prVSI'llt,ltl\'l' dlu'fld [111' 111<'diIH' [;' ,jh,- <'-- [Ii
!IKl\'~ISl_\. 10 file tor such hcarinl.1' VOtl must deliver the' 1\'llUl'st Fur Ikdrill~' ftTnl L(, [[Ii ity',<,;
Conununitv J)('V(;lnpll1ent !JeLldrtJnf'nt \vithin thirt\' ddVS oj' UlC l.Lrh,,' tllis notlcT is SIT\-'i. j j i' \dll
If vou do not file such request, vou forfeit ,",our ri~rht tn d 11\.'<)([11,1 un till.' rent ll1(T(',:lS~:.
ff vnu d)'C l1ndble to dttend the Inec'tin~ ilS schednlccL \'(111 min' ('led hI scr1Cl d l"('T'\1\_'Sf:i 1,;( Vi:'
!)[Cih( sllbrnil in wrihn\1 lu [hr' park (i\VT1C)' <11)(.1 tl\'.' ("(l1Ylll'lUl1it\ ! \'\"l,]nPH1CI,[ l\'t~d~ "-li{
li\'lIh, ,;1;':1:\ th,d \'~H[ !l,lh' ek'('!J-,'d tel b(_' n'~')n}St'l1t\'\, ,it 'elk'it LTH'i.'ill1;' t' ,Ui.,lJ\t'l' 'i, ill, .iT!':
tlh' ]),1'1\(' ,'i \C,Uj' 1\'l)n'sl.'l1\'(\ti\c
11 ,.lP~'\ji(,JbJ(':
rile (,'urn>rlt resident/ seJlc;f 0 has 0 hdS !li"lt COlllU]ch_'(j lht'i-HlilrlJE' ;'1 (h\'S.,
29 02 - 3 S'
It V(I1.1 J'1d\t' l..Hlestinns or need 11lore il1t()nnah()nn}\_~dl'\liIHr ('hdPter (1,:30 ,Jt lb\-, ('itvs \IUl1j\~Lrldj
('pl.l(" \li-l'J!,)h()lllC j\Hk 51.'<1('(' HJ'nt Fi'vi(>w Ordill<1I1CC' or till' n'\[('\\' pr(l(('...;(-;, VOl! (,\11 \<11! till"
\-(HllInUlli[Y !\'\'('k,pnlCll[ 1"J(Tl,irtmcnt\1j thc'C'it\ '-it ((~l'i) _lS~:;"' "")"
\Ckl1U\-,/],'d ~'1l1('1l t
Siirl)dlurc:
L),l!:l-
Ndlne
30 c2 - 3'7
REQUEST FOR HEARINC
Rent Increase III E\TCSS
Of '1'he Annual Permissive Rt~nt Innease
11)(' nndt'rsi~~n('d hcrebv rC'lllH::sts rl hcarilHr. before tl1l" \:klI1iJ('honw
n'~'(Hd tC) d ;-"rol'(\scd n'nt inCfei.1Se dvscrilx'd in t1u' dltdcl\('.,j nolin'
,uuru,li r'('iTn):;;, \" l'enl illcre,hc reLltJIlL' hI the
n),I1.,-(' '11 .:tLidi (I ,'\)1'\' oj th~' nntl\'f' '_ll 1'\'111 11.'11'1'; de;(- \, " ,\',,'
I\c'nt [<f,'viev\' C>)lnrnls')il,H:
'.\'lLh
i\cnl 11 ~(Tl'.l.';(' in ;\"l'>'
""0'
- , 'hd"1: nl'" : d;
\)' i: -\-\
rtF' IU\ch'r.;j'lllC'i.J is d ]"1,,;j,-1(>nl oj !-he PdrK dnd h,IS ill:lt'nd; d d no ":'[ilL' .,\] hili' ;\,uL \Tl'''
d l\'prl'SvilLllivi' (11) l1i~; h('hdlf. ,1-':> r('(Itlin'd in Sl'c:tlill1 '-JI:"l()J)i,1 ut lhl' I. h lid \, isLi \hlI1i,';;\1
Ihl.' clispu te !t<1S I.H,t b,'\'Tl<';c:ttkel ,
II is ullticp;tood that- this l'l'lllHst is irrevoc<:lble dud that it UldV hi' n'!ic'd (In bv utile:' l'l'slde!1ts (1j lilt'
mobiIC'hOlnl' park to CdUSt' d public JWdrirw [0 be schcdulccL (Hld lhelt the j'v1obill']WlllC Rent !\C\-il,\\
CClll'unission \-\"]11 schl'dule d t1ub1ic hearinp to considr'r thl' PHlpnSt."d rc'nt incfc,lsC:', tdkirH_~ inL'
lPl1si,II'Llti(\n till' 1,1\'t01"<:; llc'S(:rib",d in (]lLlld Vistd \hm:up,l! end", >;vdioJl tJ.,:'I().UT'l, "J](I tlu: ,
;\"\1";)("1 LI\" \I\l[1i!{'!hil1h' [:Ze'n! [\tc'Vlt'W C'Olllll1L';siun ,-,hdU b" ,IPll:H,dhlt' \() <ili d!!\\'\ed tll'JJj<' n
,dh! 1;,[ " ", );]; Ii iiihl !'!ndill.(:.
I.,j})lll"d
Frin! ~\dlrH'
/\ddn;~<.,
['plc'phiH1i'r\n
L)al:e
l'lli\ ((\11 lJ ,It'lvd fur!l1 rnust be l.kiivcred to the ('i[\' (1): (]Hli,) \'iSLL (_'(,mlnuJ)l!\' 1 \,. i.'i~)ll11;,'!'
I\'PiwlrncIlL \UT1: T T,\tl'-'1ilQ. \l,lnd\'~(,L 2ft) J-;'nurth ,'\ \(,!'1.U,' ('hllLi \'i"j-d ( 'i j', j Oi
31 .;;. _ tf D
\ I 'I 'I '" 1 \1'. ,',,' l'
M(lBILIJIOi\IL P.\RK
CODE VIOATIONS WHlCIl1YIA Y eREA 11'. SERIOUS
IIEALTIl, SAFFI'Y, AND WEl LAla PROBLEMS
rNLJI\'llJL",\L SP,\C"LS ,- L':xl't'.'riur (lnh
/\. ,\l! l()l~, shall be numbl'rcd in a COl1~.;pil:UOUS !ol:,Hion j,lcm~r Uw lllh'riuf j;",' '1'
[Sedin" ] IOJ!a)]
F;.Povver SOltn~es ~1n(i plulnbinp~ dd.(lt1l1ateh' Slll)~,lit':d, sUT1porled, dnd F" ,-<t(.'\1
[S,'c[inJ1S 1170, 1182, ,md 12801
:'<') iIlc'F,-1l ,,!ischiln',-(' of liquid (11" snh<i ,\',1"1;", i('\ -, "l,' (i , h ~ - 'l)
!Ii! !()1'>1\1.\'(;,\1'1'11 !U!'.\l,kCl1i!U,'V!h-.\(l) !\'j))lm[i,\1 ~i'\\!'
PARK IN GENERAL - nnt individual spales/lots
1'\1<1< C!\OL.NDC;
i\ ('[carb' {(Ientit\' Pdrk address at Slly'ct ICV\l(- :";('d]U!l 1.?ltU nnj
rL r~1l1en;pn(\' infonndtion posted in u.rns~)iCUOllS plal.'e. ISr'ction lhi\(,i
C. Unobstructed f()iJd.Wi:l'iT shdlJ be d2:5 (t'el nlinimUlll (l~i It'i'l 1l1inirml111 1; rnn~
constructed orior to 9-15-61, If L1,ll'kin~,. is illJu\\'vd un I,mi' ~;id{' ut rU,Jd'iYIl\', 1!\inin1mn
(.J('iU,U1Ct' is ''',,2 ft"('t, ,Hld if parkinf~ is p,'rmil'tcII on 1',oth sides oj !"oddw,'l\', ,lIl1inill]Un1
<'k',lrd:i~'(\ \J)!f) fvd is r\'quu\'(! !: tilt'rc IS SCH\1,' !\TI{' i'l c\lrh di\'!..J'T, \\iCh <,I> '';lUSt
"c' ,1 mfliln1Urn OIL:, l('vt !:'~\.'\~liun!Ji)()]
!) \L\lnti1in proper ~'Tildinp <lnd \Jrain,1\~(-' f.\(ClnlliIL11!uJ] ('1 \,\,1]('1") !':'CCh\lll !td().,:
\dVLlu;,l!t' l'dusc/rubbish di~il.)OSd!. 1(~(\liil!111)1l) ten)
\;niUclyai l.iisdli;JrP(' \\t litjuJd or suhd \\'dstt'~ ((,\:\1(' l'l,(m, 1:,1'1)
Pi R\L\:\INI BUll DINe ,;II,UCll:RFS
CAn\' IH!\Y structures or ,york to havp rt"(Ii1ued f.1CITnItS hc\ctinn W10(a')!
I-I. :Vld in len,;l 110..' sufficient to assure rnininwm lift, dlHJ safet\. '-'tdnddrds IS('ltinn "'oj
L \V{lh~'r lledlcr lJroperlv instalh'd dnd \'entl.::,d flTniJiJfrnP[ulnbiI1\' ('('lit' ~-:edi():F;(i'qj
:St1.1, <lIlll I,()B!
i~i\lujn'd liohiln" ill pubiil tude!::'>, "h\',\\'('r'-. ,liiil J,IUi1i n' LJ\'iiiii\,c.: j' qlil',,:i':'
to\11ildnndnu' \Yltb the C..,l1itOfll1d Fin.' ( 'h.I\' iC"
[_,-,it Dnnrs fC]"C 2::101.8\
'''Isles (CT{' ?~IO! .(1)
~)l'<lhn\:; (('Fe 2:-')01.10)
1. Lxit \ViJ\'S must Ih.' fret' of obstrulJi(nls. i\ i\ .~~j() i, iI:
hI'\.' c\tinguish\.'fs shall be' ITldintdllll'd in \luud H'i1dir Ie j\<:2::;(1 t
(J. Exits shall be idenlilied and lishted leTe 250J L~,. 121 I d",1 12121
j. f\uUIl1 CiJDdcity shall be posted rC'j-"c 230 I 11).l1
32 ~ _ c./ (
\1
U IIUnIL",
j i\!J dccl:ric:dI equipmcnt outside PI'I"Il1;lrlC]l( b\[]]d!11\'''1 ;,;IF Ii 1'11\';
fell 11 irl'1l'1l'll Ls of the C,i!jJornia lJccLricdl Cod!> ((]:C 'I, r~:;utlull I ]~,l, tI) dill! f "'1 i
All overhead electrical supvlv and (Ondllctors and SU1)D()I'lin() stnlchln'< <hell!
('(HllPl\' with, rC(luirerucnls (If the C:dl!lpnliil Public t'tilitIL':-; ("<-'llll11issiClJl 1-:.1iZ'_'; ior
Cht)r]wdd "['.lecLricalljnt-'C'onstruclion, ISediClll 11:~,J,(1') & {Iii
{';'ilIlC,,'lic)ns ildelludJelv ill"ntc"(!c,! ii ,:>ubi!-, t !c' ;)(1!-;'nildl (idn'ii~)
'\", hllb 12_20(,,1) ,md 1::HOl
\l ,_'k.'llrlc:dl ,s\vit(hcs, l:llTl11t br,:',t;<I,'rs,';i ,'\ k' :j~'jyiil~,-'
('quij\!lwnL ,lne! lnC'lrrin}': dc'vic\'s ]UCLI(i.',) lil \\\'l lii,\(("; n'-'II",i(i, ,)/ d ",
iN r~lin-li(:ht ["pc equirlllWllt. rSectlO!1 J j'/Uid))
':'ult'i,ie,\nJ space ,1nHlnd eh."lJrlcaJ L'qL11PnH~nl hI ).ll'nTll! n'd\!\ JiLt '<ill'
[Section 1(,16(" i(b) I
";il'
'\
.'11
,.,.,
(,J
!;!\'<
f.
Lfn!ess OH1L'fWISf noted, all Sc'ction references afe f\Hlnd -in [ille 2:-:; 01 the C,tlilorni,] ( ;\(It,, 01
I\CPUI,lt!()llS.
ill"])' !Y_1rtnll'nt nj 1 'LH1J'1lfh; dill! LhLi!dinp of ~;hid.l j"lf\n'idc d \..' \1,_'\. 'J ,111 J"i:.\lC>HTh'f,'d \ (),!l-\ ';i,\(
i! 'h '\'!'\'r'; ,ilhl/Ilr llH_'Jf ~\j:l'nts, Copk'~ oJ thc".;(' 1\:':\'(\"'\("'\.1 ,'pdl' ,;\;ctiun~; (;hdll h :)1,.,.111:;
ill! tTjtlc;~_; ,1 ihc) nn,~jtf' l\LJll,H;Cr's office dlhl rndV be Vl('\\'l'd dllrjJY~ lH1l'Il1dJ L'llSilil'>S", tHiUi'-
dJhJ __'dl n <;idcnt><
r,'11.' Ln
i ;1;
33 .;;L - 4- 2-
ORDINANCE NO.
Alternative 1: Fixed Percentage
All other text is to remain the same as proposed in the attached Ordinance with the exception of
the following sections:
9.50.077
Vacancies and Rents Upon Change of MobiIehome Ownership.
Notwithstanding any other provision of this Chapter, the mobilehome park owner may
increase space rent in the event of a space vacancy or a change of ownership of a mobilehome which
will remain on its current space in accordance with the following:
A. In the event that a space becomes vacant, that is, with no mobiIehome in place, a park
owner may adjust the space rent without regard to the provisions of this Chapter.
B. If a mobiIehome changes ownership but remains on the same space within the
mobiIehome park, the park owner may prnp()C( .110 increase i+t-the space rent
autornaticaIlv in all arnount not to exceed fifteen ]It'rG'nt dbovl' the then CUIT('llt bdS\..' fUlL
lor that space, subject to the noticing requirements contained herein. '[,he park owner
IIld\' I.JfolJose an increase greflter than the fifteen perct.'nt dl.lt01l1dtlC inU\~dSe ill
c'Plnpliano..> \vith those additiondl noticin!l f'eOUircnlcnts dnd rC'vil'vv procc'ss \ rent
incrc'dseunder this sechon lllil\-' bc~ (Jlari'cd for it l',uticllli:l1' Sl1dCl' JhJ mUff-' IJ1;111 ()JKC
evel'\' three VL'dfS, rc\:,:iudll'ss ot thi..' llulnbcf uf llctual transfers of o-VVlll'l'ship. However,
no rent increase may be charged upon change of ownership by reason of interspousal
transfers.
C. This increase is in addition to the annual permissive rent increase as set forth in Section
9.50.050 and is not subject to the once-a-year limitation of Section 9.50.050 A.
D. After an increase under this Section, further rent increases shall be governed by the
provisions of this Chapter.
E. Should a current mobiIehome owner desire to sell his or her mobiIehome and such
mobilehome will remain within the mobilehome park, the mobiIehome owner must
provide a written notice to the park owner or their agent of his or her intent to sell.
Within 15 days of the receipt of a written notice of the current mobiIehome owner's
intent to sell the mobiIehome, the park owner or their agent shall provide a written
statement as to the rental rate to be offered to the new or prospective mobiIehome owner
and if an increase in the existing rental rate is proposed, the corresponding percentage of
the increase in rent. Both the current mobilehome owner and the park owner or their
agent shall provide all new or prospective mobiIehome owners with a copy of such
written statement of the rental rate.
Should no offer to purchase the mobiIehome be accepted within six months of the
written statement of the rental rate to be offered to the new or prospective mobilehome
owner, the park owner or their agent may provide a revised written statement of the
rental rate to be offered and whether such rental rate is in excess of the annual increase
in the applicable CPL Such written statement can be revised by the park owner or their
cJ - </3
agent every six months thereafter and shall be immediately provided to the current
mobilehome owner.
Upon acceptance of an offer to purchase a mobilehome, the outgoing mobilehome owner
shall immediately provide written notice to the park owner or their agent of the pending
sale of the mobilehome and an address at which the new mobilehome owner may be
contacted. The park owner shall provide to the new mobilehome owner a written
statement as to the rental rate to be offered and if an increase in the existing rental rate is
proposed, the corresponding percentage of increase in rent within 15 days of receiving
written notice of the pending sale of a mobilehome. The park owner shall also provide
the new mobilehome owner with any other document required by California Civil Code
section 798.75(a).
The park owner or their agent shall provide a copy of each written statement of rent
provided to both the current and new mobilehome owner to the City of Chula Vista
Community Development Department at the same time as issuance of the notice to the
current and new mobilehome owner. The copy of the rent increase notice shall be mailed
(U.s. Postal Mail Service return receipt requested) to the Community Development
Department of the Oty of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910. If the
residents within the affected mobilehome park have established a representative body
and notified the owner in writing of its existence, a copy of each rent increase notice
must be sent to the chairperson of that body.
Where an increase in rent to the new or prospective mobilehome owner is proposed and
results in an total rent increase in the c:1lcnd::l' :; Clf ;)00', C Ille clnn1:LllpCflLL;.j\ (
exceeding fitteen IJercent of the 810n current base rent for thdt p<.lrticular spac'(! as
provided in Section 9.50.077 Bnso.OSO, the following additional noticing requirements
and review process shall apply:
1. The park owner or their agent shall provide the current owner and the new or
prospective mobilehome owner with a Notice of Rent Increase in Excess of the
Annual Permissive Rent Increase Upon Change of Ownership in substantially the
form prescribed in Appendix One of this Chapter. Such written statement of the
rental rate to be offered shall contain a place for the outgoing mobilehome owner to
acknowledge receipt of the statement of rent. The notice provided to the new or
prospective mobilehome owner shall also state whether the current mobilehome
owner completed the hearing process or reached agreement as to the increase if the
rental rate is proposed to increase in an amount greater than the annual permissive.
2. Either the current or new mobilehome owner shall have the right to a hearing and
decision regarding the increase under the provisions of Sections 9.50.066, 9.50.070
and 9.50.073. A Request for Hearing Form must be filed within thirty days after
receipt of the written statement of rental rate in substantially the form prescribed in
Appendix One.
01. - 4'-1
APPENDIX ONE
NOTICE - ANNUAL CUMULATIVE RENT INCREASE
IN EXCESS OF THE ANNUAL PERMISSIVE
UPON CHANGE OF OWNERSHIP
IF YOU DO NOT TAKE ACfION TO REQUEST A HEARING BY
THE MOBILEHOME RENT REVIEW COMMISSION WITHIN
THIRTY DAYS, THIS INCREASE SHALL BE AUTOMATICALLY
EFFECfIVE UPON THE SALE OF YOUR MOBILEHOME AND
SUBJECf TO THE NOTICING REQUIREMENTS CONTAINED
THEREIN
This is a notice of a rent increase which exceeds the annual permissive rent increase of li[teen ["'1,,'nl
upon ('h,m,;(' "f (lwn"..,hiL' as set forth in Section 9.50.lBl+--i!;'c (1\\ of the City of Chula Vista's
Municipal Code. .\1: ~,nnU~l] rent incrc;:.'c of the FCfccnL:i:;c IncrLl;C (.1- th" <-'un;lImc]^ Pri~~( IllL,~
(CPI) hr the n;O:;lITccLtl,;c]';c (12) mnnll: PI rind. a:; nIX)!'ll d b; the Burl''';' 01 [,JiJUt' ct,lI] lic:;,
pru:cdint; thi~; notict, ,(hen thl ('PI I:; thrcL pCLTllt (J!\i) (11' k:;,', ,J!~d '"7:1 plrClllt (j tL;lt ;-k;]l,,< ill
tJ.....l:~ C~PI atHl\C three percent C~o:,) i~; allo....'Cd \':1t11011t.1 ril:;ht to J hL~Til":'f; llf tl-H' (::Clllln1i.;~-i,)lL 1'1':c
(:PI ie; _'< lmd I[:e ;;l1m",1 PCl'll:;:,,,i, c rent incrm:;( i: " This increase reflects a cumulative
increase for the space of _ %.
Under the City's Municipal Code, you are entitled to the following rights:
1. Voluntary Meeting. I am required to hold a meeting with you to discuss the general reasons
for the increase. The meeting will be at [state time (must be within ten
days) and place (should be at mobiIehome park)]. Under the City's ordinance, owners and
residents are encouraged to attempt to resolve differences and reach a voluntary agreement
regarding this increase.
2. Right to a Hearing. You have the right to file for a hearing and determination by the
MobiIehome Rent Review Commission by delivering a form as described in Section 9.50.066.
The current mobiIehome owner has the first right to a hearing on the rental increase, and in
the event he or she fails to pursue such hearing to completion, the new or prospective
mobilehome owner is entitled to file for such a hearing with the City's Community
Development Deparbnent.
You may file for such hearing only if you or your representative attend the meeting to discuss the
increase. To file for such hearing you must deliver the request for Hearing form to the City's
Community Development Deparbnent within thirty days of the date this notice is served on you.
If you do not file such request, you forfeit your right to a hearing on the rent increase.
If you are unable to attend the meeting as scheduled, you may elect to send a representative.
Please submit in writing to the park owner and the Community Development Deparbnent
notification that you have elected to be represented at such meeting by another party and stating
the name of your representative.
d-<.{.~
If applicable:
The current resident/ seller 0 has 0 has not completed the hearing process.
If you have questions or need more information regarding Chapter 9.50 of the City's Municipal
Code, Mobilehome Park Space Rent Review Ordinance or the review process, you can call the
Community Development Department of the City at (619) 585-5722.
Acknowledgment:
Signature:
Date:
Name
~-c./-c..
ORDINANCE NO.
Alternative 2: Sliding Scale
All other text is to remain the same as proposed in the attached Ordinance with the exception of
the following sections:
9.50.077
Vacancies and Rents Upon Change of Mobilehome Ownership.
Notwithstanding any other provision of this Chapter, the mobiIehome park owner may
increase space rent in the event of a space vacancy or a change of ownership of a mobiIehome which
will remain on its current space in accordance with the following:
A. In the event that a space becomes vacant, that is, with no mobiIehome in place, a park
owner may adjust the space rent without regard to the provisions of this Chapter.
B. If a mobiIehome changes ownership but remains on the same space within the
mobiIehome park, the park owner may pn'!,,'" .H: increase ffi-the space rent
dlltornaticalIv in an dmount not to exceed ten lXTCl'llt ilbo\'(' tIle tlH.:~n current bc!sC rent
for thaI: space for uo to five veal'S of residencv bv the 011'1"('nl: mobilehonw re<.;idenL
fifteen percent for six to fourteen veal'S of residencv, and l\\'enl:v pen.J':'nt for GHeen or
rtl(ln.' "Irc'ars of residcncv, subject to the noticing requirements contained herein. '!'h(, p"lrk
()Wller IndY' propose an illc'n~dse PTecll:C'f thdn tillS ,Hllol1l<l!iC inert',,)"/;' snL,iect thust,
,ll1diholldl noticiJh' rC(jlljn~lncllts and revit,\v j)l\)G'SS. i\ (en! illcn'iJ~,(, under Lhlh '-'I'uion
[lid\'" be dldn!L'd for d particular span' ll() 11101'(' than unCI;' even' lhrct;'vcars, n'~riJrdk'ss 01
thl_' !lumber of actual transfers of ownershir). However, no rent increase may be charged
upon change of ownership by reason of interspousal transfers.
C. This increase is in addition to the annual permissive rent increase as set forth in Section
9.50.050 and is not subject to the once-a-year limitation of Section 9.50.050 A.
D. After an increase under this Section, further rent increases shall be governed by the
provisions of this Chapter.
E. Should a current mobilehome owner desire to sell his or her mobilehome and such
mobiIehome will remain within the mobilehome park, the mobilehome owner must
provide a written notice to the park owner or their agent of his or her intent to sell.
Within 15 days of the receipt of a written notice of the current mobilehome owner's
intent to sell the mobiIehome, the park owner or their agent shall provide a written
statement as to the rental rate to be offered to the new or prospective mobilehome owner
and if an increase in the existing rental rate is proposed, the corresponding percentage of
the increase in rent. Both the current mobiIehome owner and the park owner or their
agent shall provide all new or prospective mobilehome owners with a copy of such
written statement of the rental rate.
Should no offer to purchase the mobilehome be accepted within six months of the
written statement of the rental rate to be offered to the new or prospective mobiIehome
owner, the park owner or their agent may provide a revised written statement of the
rental rate to be offered and whether such rental rate is in excess of the annual increase
.;;-~7
in the applicable cpr. Such written statement can be revised by the park owner or their
agent every six months thereafter and shall be immediately provided to the current
mobilehome owner.
Upon acceptance of an offer to purchase a mobilehome, the outgoing mobilehome owner
shall immediately provide written notice to the park owner or their agent of the pending
sale of the mobilehome and an address at which the new mobilehome owner may be
contacted. The park owner shall provide to the new mobilehome owner a written
statement as to the rental rate to be offered and if an increase in the existing rental rate is
proposed, the corresponding percentage of increase in rent within 15 days of receiving
written notice of the pending sale of a mobilehome. The park owner shall also provide
the new mobilehome owner with any other document required by California Civil Code
section 798.75(a).
The park owner or their agent shall provide a copy of each written statement of rent
provided to both the current and new mobilehome owner to the City of Chula Vista
Community Development Department at the same time as issuance of the notice to the
current and new mobilehome owner. The copy of the rent increase notice shall be mailed
(U.s. Postal Mail Service return receipt requested) to the Community Development
Deparhnent of the City ofChula Vista, 276 Fourth Avenue, Chula Vista, CA 91910. If the
residents within the affected mobilehome park have established a representative body
and notified the owner in writing of its existence, a copy of each rent increase notice
must be sent to the chairperson of that body.
Where an increase in rent to the new or prospective mobilehome owner is proposed and
results in aD total rent: increase if:. tJ".c Glb.:.ndar .,'c:1r .lbu'.'c the ~u:r.uaI pcrn:i;',;i..';.:
(\x(t'edjn~,:~ automatic pcrmissivl' incrcdse upon ch,lIlQc' cd' c)\\'llcrship lor that P,lrL;;,:uJdr
spac" as provided in Section 950.077 DCl.:ill.lJ':(), the following additional noticing
requirements and review process shall apply:
1. The park owner or their agent shall provide the current owner and the new or
prospective mobilehome owner with a Notice of Rent Increase in Excess of the
Annual Permissive Rent Increase Upon Change of Ownership in substantially the
form prescribed in Appendix One of this Chapter. Such written statement of the
rental rate to be offered shall contain a place for the outgoing mobilehome owner to
acknowledge receipt of the statement of rent. The notice provided to the new or
prospective mobilehome owner shall also state whether the current mobilehome
owner completed the hearing process or reached agreement as to the increase if the
rental rate is proposed to increase in an amount greater than the annual permissive.
2. Either the current or new mobilehome owner shall have the right to a hearing and
decision regarding the increase under the provisions of Sections 9.50.066, 9.50.070
and 9.50.073. A Request for Hearing Form must be filed within thirty days after
receipt of the written statement of rental rate in substantially the form prescribed in
Appendix One.
.;2-t./ff
APPENDIX ONE
NOTICE - ANNUAL CUMULATIVE RENT INCREASE
IN EXCESS OF THE ANNUAL PERMISSIVE
UPON CHANGE OF OWNERSHIP
IF YOU DO NOT TAKE ACTION TO REQUEST A HEARING BY
THE MOBILEHOME RENT REVIEW COMMISSION WITHIN
THIRTY DAYS, THIS INCREASE SHALL BE AUTOMATICALLY
EFFECTIVE UPON THE SALE OF YOUR MOBILEHOME AND
SUBJECT TO THE NOTICING REQUIREMENTS CONTAINED
THEREIN
This is a notice of a rent increase which exceeds the annual permissive rent increase 01 ,'(')('ent
upon eham;" of ownership as set forth in Section 9.50.G5tl-1I77 (t'>) of the City of Chula Vista's
Municipal Code. .\n ;:nnu,11 fLnt inCfC:.'l' lJ flit 1')lflTnL:I~r LlcrCLt 'If 11-:( C;,ILLllllC[' ]'ri;-,;~ :n.L'i
(epI) tor the lEO,,! n cent t....el'.c (12) nconth period, .:: reported by Ih, Ihuc<lll <11 Ldbor (' 1111 [,
prccc.d.int~ thi:: notice, 1:hen tht CPT j,,; three percent Co.) or fe,'::1 dnd ~~i plTccnl (1j: thlt d1;\11,::\ in
the CPT ;lbr)'. C three percent. C~>(;):,) i:; JJlw','Cd \\ itho:Jt 21 rl;;11! to a hC'J.rini.; of !J1l' C:-llHllni,':;icw Ill!
CPT is _I;" and the ;....n.o.:.1:._:1 Fcrn....issi'. c rent inClTJ.~\ i:- _n~m I),' This increase reflects a cumulative
increase for the space of _ %.
Under the City's Municipal Code, you are entitled to the following rights:
1. Voluntary Meetin!!:. I am required to hold a meeting with you to discuss the general reasons
for the increase. The meeting will be at [state time (must be within ten
days) and place (should be at mobiIehome park)]. Under the City's ordinance, owners and
residents are encouraged to attempt to resolve differences and reach a voluntary agreement
regarding this increase.
2. Ri!!:ht to a Hearin!!:. You have the right to file for a hearing and determination by the
MobiIehome Rent Review Commission by delivering a form as described in Section 9.50.066.
The current mobiIehome owner has the first right to a hearing on the rental increase, and in
the event he or she fails to pursue such hearing to completion, the new or prospective
mobilehome owner is entitled to file for such a hearing with the City's Community
Development Department.
You may file for such hearing only if you or your representative attend the meeting to discuss the
increase. To file for such hearing you must deliver the request for Hearing form to the City's
Community Development Department within thirty days of the date this notice is served on you.
If you do not file such request, you forfeit your right to a hearing on the rent increase.
If you are unable to attend the meeting as scheduled, you may elect to send a representative.
Please submit in writing to the park owner and the Community Development Department
notification that you have elected to be represented at such meeting by another party and stating
the name of your representative.
Oi-c.f~
If applicable:
The current resident! seller 0 has 0 has not completed the hearing process.
If you have questions or need more information regarding Chapter 9.50 of the City's Municipal
Code, MobiIehome Park Space Rent Review Ordinance or the review process, you can call the
Community Development Department of the City at (619) 585-5722.
Acknowledgment:
Signature:
Date:
Name
d- :;,-0
ATTACHMENT 2
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHAPTER 9.50 OF THE CHULA VISTA MUNICIPAL CODE RELATING
TO MOBILEHOME PARKS SPACE RENT REVIEW
The City Council of the City of Chula Vista does hereby ordain as follows:
SECTION 1: That Chapter 9.50 of the Chula Vista Municipal Code is hereby amended to read as
follows:
Sections:
9.50.001
9.50.005
9.50.010
9.50.012
9.50.015
9.50.020
9.50.030
9.50.040
9.50.050
9.50.060
9.50.063
9.50.064
9.50.065
9.50.066
9.50.067
9.50.068
9.50.070
9.50.073
9.50.075
9.50.076
9.50.077
9.50.078
9.50.079
9.50.080
9.50.081
9.50.082
9.50.085
9.50.087
9.50.090
9.50.092
9.50.093
9.50.095
Chapter 9.50
MOBILEHOME PARK SPACE-RENT REVIEW
Findings.
Purpose.
Definitions.
General Applicability and Exemptions.
Applicability to Recreational Vehicles.
Legal Requirements and Procedures Created.
Moved to 9.50.010
Repealed.
Annual Permissive Rent Increases and Notices of CPI, Rent Increases.
Repealed.
Rent Increases Above the Annual Permissive Rent Increase. (Previously known as
9.50.065).
Owner Meetings and Possible Voluntary Negotiations.
Moved to 9.50.063.
Request for Hearing Form.
Moved to 9.50.077
Moved to 9.50.050
Initiation of Space Rent Review.
Factors to Consider in Fixing Space Rent Through the Hearing Process.
Fixing of Space Rent in Excess of the Permissive Rent Increase.
New and Prospective MobiIehome Residents.
Vacancies and Rents Upon Change of MobiIehome Ownership.
Right to Mediate MobiIehome Resale Price.
Findings Regarding Serious Code Violations.
Notice of Serious Code Violations.
Proposed Space Rent Increases at a Time When There Exist Serious Code Violations at a
Park.
Denial or Reduction of Rent Increases Based Upon Serious Code Violations.
Compliance with Law and City Posting and Disclosure Requirements. (Previously
known as 9.50.012)
Implementation Guidelines.
MobiIehome Resident's Right of Refusal.
Retaliatory Eviction.
Repealed.
Repealed. (Previously known as 9.50.080)
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9.50.100
9.50.102
9.50.105
9.50.110
9.50.115
9.50.120
Civil and Administrative Remedies. (Previously known as 9.50.081)
Criminal Remedies. (Previously known as 9.50.083)
Repealed. (Previously known as 9.50.085)
Repealed. (Previously known as 9.50.090)
Severability. (Previously known as 9.50.100)
Repealed. (Previously known as 9.50.110)
9.50.001
Findings.
A. The City Council finds that there is presently, within the City of Chula Vista, a shortage of
rental spaces for the location of mobilehomes, and an inadequate number of mobilehome rental spaces to
meet the total demand in this City for those spaces. The City Council finds that this limited supply of
mobilehome spaces in this City has resulted in low vacancy rates and contributes to escalating space rents in
a manner that would, in the absence of regulation, allow for unconscionable increases of rents to
mobilehome park residents.
B. The City Council further finds that the unique nature of the ownership of a mobilehome
within a mobilehome park makes mobilehome owners particularly vulnerable to the threat of loss of their
investment in their mobilehome. Due to the high cost of moving mobilehomes; the potential for damage
resulting from moving mobilehomes; the requirements for installing a mobilehome, including permits,
landscaping and site preparation; the lack of alternative homesites for mobilehome owners; and the
substantial investment mobilehomeowners make in their coaches, mobilehome owners lack the ability to
move their mobilehomes without a substantial loss in their investment. This lack of mobility, coupled with
a shortage of rental spaces, provides park owners with the ability to establish excessive and unconscionable
rents which, if unregulated, would result in the impairment of a mobilehome owner's investment in their
home.
C. The City Council further finds that the limited supply of mobilehome rental spaces available
in this City would, in the absence of space rent regulation, allow for an unconscionable loss of the resale
value of mobilehomes by existing mobilehome park residents.
D. The City Council further finds that mobilehomes comprise a significant form of housing
available within the City of Chula Vista and can be a more affordable housing choice than apartments or
single-family homes. The City Council finds that the supply of both mobilehome spaces and mobilehomes
available for rent is not adequate to meet the demand, and that as a result, the limited supply of such spaces
and mobilehomes contributes to escalating rents in a manner that would, in the absence of regulation, result
in the elimination of mobilehomes as a source of affordable housing.
E. The City Council further finds that there exists serious health and safety issues in some
mobilehome parks within this City which constitute violations of the City's Municipal Code and! or State
law. The City Council finds that increases in rents in excess of the annual permissive rent increase for parks
where there exists such serious violations would, in the absence of regulation, allow for an unconscionable
benefit to the park owner to the detriment of the health, safety, and welfare of mobilehome residents. As
more fully set forth in Section 9.50.079 of this Chapter, the City Council finds that the provisions of this
Chapter will promote and require a minimal level of health and safety conditions in those mobilehome
parks seeking rent increases in excess of the annual permissive rent increase while also allowing park
owners sufficient time and revenue to meet these minimal requirements.
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F. The City Council further finds that, because mobilehome parks generally have costs of
operation which are considerably less than total gross income, it is not necessary to allow an automatic 100%
Consumer Price Index (CPI) annual rent increase in order for mobilehome park owners to be able to
maintain a fair, just, and reasonable rent. A number of cities in California do, in fact, limit annual rent
increases without a review or hearing by the City, to .75 times the CPl and/or provide a maximum
al!owable rent increase. Therefore, it is appropriate to require justification for any rent increase in excess of
the annual permissive rent increase as set forth in this Chapter.
9.50.005 Purpose.
A. The City Council intends by this Chapter to create a process to protect both mobilehome
park owners and mobilehome park residents from excessive and unconscionable rent increases while
simultaneously recognizing and providing for the need of mobilehome park owners to receive a just and
reasonable return on their property.
B. The City Council intends by this Chapter: (1) to prevent existing mobilehome owners, who
are rendered largely incapable of moving their mobilehomes without suffering a substantial loss in their
value, from loss of their investment and the resale value of their mobilehomes due to the fact that a new
mobilehome resident is being charged excessive rents; (2) to protect and promote the availability of
mobilehomes as a source of affordable housing; and (3) to encourage compliance with code requirements, to
protect the public health, safety, and welfare of mobilehome park residents, and to provide for a fair return
on the park owners' investment so that compliance with code requirements are financially feasible in such
circumstances where a rent increase in excess of the annual permissive rent increase is proposed.
C. The City Council intends for the procedures contained in this Chapter to provide a
mechanism for the resolution of disputed increases in rents by making it advantageous for mobilehome
park residents and mobilehome park owners to establish a better understanding of each other's positions
which will result in agreement on the amount of rent to be charged. The procedures of the ordinance are
established with the intent that they be accomplished in a timely fashion. The participating parties shal!
commit to the goal that the entire dispute resolution process be completed within one hundred twenty (120)
days fol!owing receipt of a disputed notice of rent increase.
9.50.010 Definitions.
Words used in this chapter shall have the meaning described to them in this section:
A. "Mobilehome" is a structure designed for human habitation and for being moved on a street or
highway under permit pursuant to Section 35790 of the California Vehicle Code. As used in this
Chapter, "mobilehome" has the same meaning as California Civil Code section 798.3.
B. "Mobilehome space" means a portion of a mobilehome park designated or used for the
occupancy of one mobilehome.
C. "Mobilehome Park" or "Park" is an area of land where two or more mobilehomes or mobilehome
spaces are rented, or held out for rent, to accommodate mobilehomes used for human habitation.
D. uMobiIehome park ownerU or "Owner" means and includes the owner, lessor, operator, or
manager of a mobilehome park.
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E. "Mobilehome owner" means a person who owns a mobilehome which is legally located in a
mobilehome space within a mobilehome park in the City of Chula Vista.
F. "Mobilehome resident" or "Resident" means a person who occupies a mobilehome in a
mobilehome park in the City of Chula Vista as a primary residence by virtue of having a rental
agreement. "Mobilehome resident" or "Resident" is inclusive of a mobilehome owner.
G. "Rent" means the consideration, including any bonus, benefit or gratuity, demanded or received
in connection with the use and occupancy of a mobilehome or mobilehome space in a
mobilehome park, including services, or in connection with the transfer of a lease for a mobile
space or the subleasing of a mobilehome space. "Rent" shall not include amounts paid by
residents for such separately metered utilities or services, as provided in California Civil Code
section 798.41, or any separate charge for those fees, assessments or costs which may be charged
to mobilehome residents pursuant to the California Civil Code.
H. "Dispute" or "Controversy" means a disagreement or difference which is subject to the resolution
process described in this chapter.
I. "Consumer Price Index" or "CPI" means the All Urban Consumers/ All Items component of the
San Diego Metropolitan Area U (broader base) Consumer Price Index prepared by the Bureau of
Labor Statistics.
J. "Mobilehome Rent Review Commission" means the advisory body established by Chula Vista
Municipal Code 2.31 to provide an independent review of rent increase disputes in mobilehome
parks.
(Ord 2551 91 (part), 1993; Ord 2451 94,1991; Ord 2306 91 (part), 1989; Ord 2163 94, 1986; Ord 1997 91 (part),
1982; Ord 2737 91 (part), 1998).
9.50.012 General Applicability and Exemptions.
This chapter shall apply to all mobilehome parks, mobilehome park owners, mobilehome residents and
mobilehomes in mobilehome parks within the City of Chula Vista, unless otherwise exempted by state law or
the provisions of this Chapter.
This chapter shall not apply to leases for a term exceeding one year which are exempted by California
Civil Code Section 798.17, so long as such leases contain all the required provisions for exemption, including a
statement in the first sentence of the first paragraph, in at least 12 point type or capital letters, giving notice to
the mobilehome resident that, by entering into the lease, the rent control provisions of this ordinance will be
automatically superseded by the lease provisions regarding rent and rent increases.
This chapter shall not apply to a mobilehome park if the rents that may be charged for spaces thereat are
regulated pursuant to an agreement with the Redevelopment Agency of the City of Chula Vista under the
authority of Section 33334.2 through 33334.4, inclusive, of the California Health and Safety Code, for such
period of time as the agreement is in effect. (Ord 2551, 91 (part), 1993; Ord 2451 93, 1991; Ord 2306 91 (part),
1989; Ord 2282 92, 1988; Ord 2163 91, 92, 1986; Ord 1997 91 (part), 1982).
4 c:J.. - ::,--cj
9.50.015 Applicability to Recreational Vehicles.
This Chapter applies to owners/ occupants of recreational vehicles as defined in California Civil Code
Section 799.29 where the recreational vehicle owner/occupant has been in residency for nine or more
consecutive months. Notwithstanding the above, this chapter shall not be applicable to recreational vehicles
residing in parks operated as recreational vehicle parks, where the predominant number of spaces are
occupied for less than nine months.
(Ord 2551, 91 (part), 1993; Ord 2306 91 (part), 1989; Ord 2282 92, 1988; Ord 2227 91,1987; Ord 2737 91
9.50.020 Legal Requirements and Procedures Created.
This chapter creates legal requirements and procedures which must be followed when rent is increased
in mobiJehome parks. In the event a mobilehome park owner increases rent without complying with the
provisions of this chapter, including, but not limited to providing the required notice, the park owner may be
held accountable for such failure through criminal, civil and administrative action in accordance with Sections
9.50.0100 and 9.50.102 of this chapter. A park owner who willfully and improperly collects rent shall be subject
to repayment of up to three times the amount of rent improperly collected, after a hearing before the
Mobilehome Rent Review Commission, or in a civil action brought by a mobilehome resident.
(Section repealed by Ord 2306 91, 1989; Ord 2282 92, 1988; Ord 2163 93, 1986; Ord 1997 91 (part), 1982; Ord
273791 (part), 1998).
9.50.030 Moved to 9.50.010.
9.50.040 Negotiation commission-Membership.
(Section repealed by Ord 2306 91 (part), 1989; Ord 2291 91, 1989; 2282 92, 1988; Ord 2163 95, 1986; Ord
199791 (part), 1982).
9.50.050 Annual Permissive Rent Increases and Notices of CPI. (Previously known as 9.50.068)
A. Rents for mobilehome residents may be increased automatically and only once in a calendar year by
no more than the percentage change in the CPI, when the CPI is three percent (3%) or less, and 75
percent of that change in the CPI above three percent (3%) to be known as the "annual permissive"
rent increase. The park owner or their agent shall use the CPI in effect at the time such notice of
increase in rents is served on residents, as provided in the notice of current CPI mailed to each park
owner or their agent by the Community Development Department. Calculation of the one-year
limitation on rent increases shall be from the date the last increase became effective for that particular
space or mobilehome.
B. The community development department shall mail to each park owner or their agent the applicable
CPI to be used for the rent increases as soon as the community development department receives the
CPI from the Bureau of Labor Statistics. The CPI is published twice each year by the Bureau of Labor
Statistics. Park owners shall use the CPI furnished to them by the community development department
as controlling the maximum potential rent increase without a need for a hearing, and may not deviate
5 eX -~-S-
from the CPI until the park owner receives written notification from the community development
department that the cpr has changed. The park owner shall post, in a prominent place, the notification
from the community development department so that all residents are aware of the applicable CPI.
C. Should a mobilehome resident feel that a proposed rent increase is in violation of this Chapter, the
resident may provide written notice to the park owner of such rent dispute. Within ten calendar days
of the written notice, the park owner shall meet with the resident to discuss this dispute. This meeting
shall be held at a mutually convenient time and place, preferably at the mobilehome park.
Additionally, within 30 days of receiving written notice from the resident of a rent dispute, the park
owner shall provide the resident with a written response addressing such dispute.
If the resident is unable to satisfactorily resolve such rent dispute, the resident may file with the
Community Development Department of the City a complaint alleging the mobilehome park's
violation of the rent increase provisions of this Chapter. Such complaint must include documentation
or other information which provides compelling evidence of such violation and submitted within
fourteen days of receiving the park owner's written response addressing the dispute. The City, at its
sole discretion and after review of the complaint and supporting documentation, will determine the
necessity to audit the rent for the affected space in order to verify compliance with this Chapter.
Should the City determine that an audit is necessary, the City shall notify the park owner in writing of
their determination, request written verification of the rent charged for the affected space for the last
three years, and provide the park owner with a copy of the complaint. Within fourteen days after
delivery of said notice from the City, the park owner or their agent shall mail (U.s. Postal Mail Service,
return receipt requested) to the Community Development Department, 276 Fourth Avenue, Chula
Vista, CA 91910, written verification of the space rent charged for the affected space for the previous
three years, such as copies of rent statetments. Failure to provide the Community Development
Department with the requested space rent information or knowingly submitting incorrect information
shall be considered a violation of this Chapter.(Ord 2566 93, 1993; Ord 2737 91 (part) 1998).
9.50.060 Powers of a negotiation commission.
(Section repealed by Ord 2306 91 (part), 1989; Ord 2282 92, 1988; Ord 2163 97, 1986; Ord 1997 91 (part),
1982).
9.50.063 Rent Increase Above the Annual Permissive Rent Increase. (Previously known as 9.50.065)
A. In any situation where a mobilehome park owner wishes to increase the rent above the annual
permissive rent increase as set forth in Section 9.50.050, he or she must first give notice to affected
residents, at the same time the ninety day notice required by Civil Code Section 798.30 is given.
The Notice of a Rent Increase in Excess of the Annual Permissive Rent Increase shall be in substantially
the form prescribed in Appendix One of this Chapter.
B. If the residents within the affected mobilehome park have established an on-site representative body and
notify the owner in writing of its existence, a copy of the rent increase notice must be sent to the
chairperson of that body.
6 <>=' - sr;.,
C. A copy of the rent increase notice shall be mailed (U.s. Postal Mail Service, return receipt requested) at
the same time as issuance of the notice to residents to both the Community Development Department
and Plarming and Building Department of the City of Chula Vista at the addresses identified herein for
each of the designated Departments.
City of Chula Vista
Community Development Department
276 Fourth Avenue
Chula Vista, CA 91910
Attn: Housing Manager
City of Chula Vista
Plarming and Building Department
276 Fourth Avenue
Chula Vista, CA 91910
A ttn: Assistant Director/Building Official
D. The rent increase notice must contain the space numbers of all residents who are subject to a increase
which is above the arumal permissive rent increase set forth in Section 9.50.050.
(Ord 2566, Sl (part) 1993; Ord 2451 S6, 1991; Ord 2306 sl (part), 1989; Ord 2737 Sl (part), 1998).
9.50.064 Owner Meetings and Possible Voluntary Negotiations.
Within ten days after service of a notice of increase, as provided in Section 9.50.063 and 9.50.077, the park
owner shall hold an informal meeting for the benefit of the affected residents to discuss the increase. It is
hoped that such a meeting may lead to voluntary settlement of the dispute.
The meeting should be set for a time and date believed to be convenient for residents and may be
changed to a different date based on the reasonable request of the majority of affected residents.
If a resident does not attend this meeting or is not represented by someone, he or she shall have no right
to a hearing but may rely on other residents of the mobilehome park to cause a public hearing to be scheduled.
The decision of the Mobilehome Rent Review Commission shall be applicable to all affected homeowners.
In the event that more than fifty percent of the resident(s) and park owner reach a voluntary written
agreement of the increase in space rent, the rent shall be fixed as specified in Section 9.50.075. Should the
affected resident(s) and the park owner be unable to reach a voluntary settlement of the dispute in the
increase in space rent, the resident shall be entitled to file a "Request for Hearing" form as permitted in
Section 9.50.066 and 9.50.070.
(Ord 2551 Sl (part), 1993; Ord 2451 S5, 1991; Ord 2306 Sl (part), 1989; Ord 2282 S2, 1988; Ord 2163 S6, 1986; Ord
1997 Sl (part), 1982; Ord 2737 Sl (part),1998).
9.50.065 Moved to 9.50.063
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9.50.066 Request for Hearing Form
Mobilehome residents shall have a right to file for a hearing and determination by the Mobilehome
Rent Review Commission of rent increases in excess of the annual permissive rent increase. To file for such
a hearing, a resident must deliver the Request for Hearing form to the City's Community Development
Deparbnent within thirty days of the delivery of "Notice of Rent Increase in Excess of the Annual Permissive
Rent Increase" from the park owner or their agent.
The Request for hearing shall be in substantively the form prescribed in Appendix One of this Chapter.
9.50.067 Moved to 9.50.077.
9.50.068 Moved to 9.50.040.
9.50.070 Initiation of Space Rent Review.
If a rent dispute cermot be resolved at a meeting with a park owner, a resident may initiate a rent review
by the Mobilehome Rent Review Commission by filing a Request for Hearing with the community
development deparbnent, in the form prescribed in Section 9.50.066.
Upon the filing of a Request for Hearing in accordance with this Chapter, the City community
development deparbnent shall notify the chairperson of the Mobilehome Rent Review Commission of such
request, who shall schedule a hearing on the matter within 30 days after the date of receipt of such request or
as soon thereafter as practical. The City shall send written notice to the park owner and the resident(s) filing
such request for hearing of the time and place set for the hearing. The hearing will be noticed and held in a
mermer that provides due process to all affected parties. Should such hearing affect more than fifty percent of
those spaces at the mobilehome park, the park owner or their agent shall post in a conspicuous place within
the mobilehome park a copy of the written notice of the hearing.
(Ord 2566 94 (part), 1993; Ord 2451 97, 1991; Old 2227 92, 1987; Old 2737 91 (part), 1998).
9.50.073 Factors to Consider in Fixing Space Rent Through the Hearing Process.
If a proposed rental increase is submitted to the Mobilehome Rent Review Commission
("Commission") pursuant to the provisions of this chapter, the commission shall determine the rent that is fair,
just and reasonable, and, in doing so, shall consider the factors listed below. The Commission has the
authority to request information and/ or documentation related to these factors that will assist them in making
such determination. The Community Development Deparbnent and/or their designee shall review all
evidence to be presented to the Commission for their consideration. The Commission's decision shall be
based on the preponderance of the evidence at the hearing. The Commission shall consider the following
factors:
A. The need for the proposed rental increase in order to permit the owner to secure a fair and reasonable
return, when considering the existing rental scheme for all spaces in the park and all existing or expected
expenses in owning and operating the park. A fair and reasonable return may be determined by the
commission by reference to industry standards, risk of invesbnent, or other acceptable standards.
8 07-~~
1. In considering the existing or expected expenses in owning and operating the park in following
prudent business practices, the commission should consider the following or any similar or related
items of expense, the reasonableness of such items, and changes to them:
a. Actual financial invesbnent in park improvements.
b. Property or other taxes.
c. Mortgage or ground rent payments.
d. Utility costs.
e. Capital improvements or rehabilitation work.
f. Repairs required.
g. Other operating and maintenance costs. Operating costs shall not include the following:
i. A voidable and unnecessary expenses, including refinancing costs;
ii. Any penalty, fees or other interest assessed or awarded for violation of this or any
other law;
iii. Legal fees, except legal fees incurred in connection with successful good-faith
attempts to recover rents owing, and successful good-faith unlawful detainer actions
not in derogation of applicable law, to the extent same are not recovered from
residents.
iv. Depreciation of the property.
v. Any expense for which the park owner has been reimbursed by any security deposit,
insurance settlement, judgment for damages, settlement or any other method. Cost
of replacement or repair incurred or necessary as a result of the park owner's
negligence or failure to maintain, including costs to correct serious code violations at
the park.
2. In considering the existing or expected income from owning and operating the park, the
commission should consider the rent schedule for all spaces in the park and any similar or related
items verifying income for the mobilehome park for the last three years, the reasonableness of such
items, and changes to them.
B. Rate of return earned by the park owner in previous years as determined by a fair market appraisal
conducted by a Member Appraisal Institute (MAl) appraiser mutually agreed upon by the City and
the park owner and at the park owner's expense.
C. The extent to which the proposed rental increase will cause a reduction in the resale value of the
mobilehome.
D. Changes in the Consumer Price Index for all urban consumers in the San Diego Metropolitan Area
published by the Bureau of Labor Statistics.
E. Fair market rental value as determined by "comparables" of similar and existing mobilehome spaces or
mobilehomes in the South Bay area of San Diego County, including those in Chula Vista, as determined
by an appraiser mutually agreed upon by the City and the park owner and at the park owner's
expense.
F. The timing and amount of rents and increases for this and other spaces at the mobilehome park.
G. The quantity and quality of the improvements and features at the mobilehome park and any decrease or
increase in such improvements and features.
9 02 - ~~
H. The quantity and quality of services offered to park residents and any decrease or increase in such
improvements and features.
(Ord 2551 31 (part), 1993; Ord 2737 31 (part), 1998).
9.50.075 Fixing of Space Rent in Excess of the Permissive Rent Increase.
The rent on any particular mobilehome space shall be fixed as established herein. Any determination of
fair, just, and reasonable rent determined by the Commission shall not be applicable to those spaces exempt
from this Chapter nor to those spaces not covered by the written notice of an increase in rent.
A. In the event that the resident and an owner reach agreement as to the space rent in excess of the annual
permissive rent increase for that calendar year, with or without the benefit of a commission hearing, the
rent shall be fixed at the agreed upon rent at such time as the agreement is reached unless the agreement
provides for a different effective date.
B. In the event that the resident and an owner do not reach agreement, and the rent has been established by
the Commission according to the procedures herein established, the rent shall be fixed at the rental rate
so established by the Commission as of the date of the Commission's decision, or ninety days after the
resident's original receipt of the Notice of Rent Increase, whichever is later, unless the Commission shall
fix a different date.
C. Consistent with its findings, the Commission may:
1. Permit the requested increase which is in excess of the annual permissive rent
increase to become effective in whole or in part; or
2. Deny the increase which is in excess of the annual permissive rent increase.
However, the Commission may not set the rent lower than the pre-existing rent or higher than the
amount contained in the Notice of Rent Increase in excess of the annual permissive rent increase.
D. Unilateral Refusal to Participate in the Hearing Process. In the event the commission finds that the
resident or owner has failed or refused to, in good faith, follow the procedure herein fixed for the
establishment of rent, which may include but not be limited to refusal to attend noticed hearings or
failure to provide a copy of all rent increase notices to residents, then the Commission shall fix the rent
as follows:
1. If the resident has failed or refused to follow the procedures herein fixed for the establishment of
rent, then the rent shall be fixed at the rental rate contained in the Notice of Rent Increase in Excess
of the Annual Permissive Rent Increase.
2. If the owner has failed or refused in good faith to follow the procedures herein fixed for the
establishment of rent, then the rent shall be fixed at the annual permissive rent increase.
E. Waiver of Fixed Rent. Notwithstanding the aforementioned manner in which the rent shall be fixed, a
refusal or failure, accompanied with the knowingly improper assertion that a greater rental is due by the
owner or his or her agent, to accept a rent payment from a resident in an amount which is equal to or
greater than the rent fixed by Subsections A, B or C of this Section shall constitute a waiver by the owner
of the right to collect said rent, in its entirety, for the rental period for which the rent was refused, unless
the tenant consents, in writing, to waive the provisions of this Subsection.
10 c::.2 - ra 0
F. All parties to the hearing shall be advised of the Commission's decision and be given a copy of the
findings upon which the decision is based. The conclusions and findings of the Commission shall be
final. Any party disputing the final conclusions and findings of the Commission may seek review of
the Commission's actions pursuant to Sections 1094.5 and 1094.6 of the California Code of Civil
Procedure.
(Ord 2566,!i5 (part) 1993; Ord 2551!i1 (part), 1993; Ord 2737!il (part), 1998).
9.50.076
New and Prospective Mobilehome Residents; Transfers of Mobilehomes.
A. Prior to or at the time of agreeing to rent to a new or prospective mobilehome resident in a
mobilehome park, the park owner or their agent shall provide the new or prospective mobilehome
resident with a copy of the disclosure as specified in Section 9.50.085 of this Chapter, a copy of any
notice of rent increase, and a copy of this Chapter as currently in force.
B. The park owner must follow all procedures and requirements for disclosure and noticing of rent
increases in excess of the CPI as set forth in this Chapter.
C. Park owners must comply with the provisions of California Civil Code 798.70 et seq. related to
transfers of mobilehomes, including the provisions of Civil Code Sections 798.75 and 798.75.5.
9.50.077
Vacancies and Rents Upon Change of Mobilehome Ownership.
Notwithstanding any other provision of this Chapter, the mobilehome park owner may increase
space rent in the event of a space vacancy or a change of ownership of a mobilehome which will remain on
its current space in accordance with the following:
A. In the event that a space becomes vacant, that is, with no mobilehome in place, a park owner may
adjust the space rent without regard to the provisions of this Chapter.
B. If a mobilehome changes ownership but remains on the same space within the mobilehome park, the
park owner may propose an increase in the space rent subject to the noticing requirements contained
herein. However, no rent increase may be charged upon change of ownership by reason of interspousal
transfers.
C. This increase is in addition to the annual permissive rent increase as set forth in Section 9.50.050 and is
not subject to the once-a-year limitation of Section 9.50.050 A.
D. After an increase under this Section, further rent increases shall be governed by the provisions of this
Chapter.
E. Should a current mobilehome owner desire to sell his or her mobilehome and such mobilehome will
remain within the mobilehome park, the mobilehome owner must provide a written notice to the park
owner or their agent of his or her intent to sell. Within 15 days of the receipt of a written notice of the
current mobilehome owner's intent to sell the mobilehome, the park owner or their agent shall provide
a written statement as to the rental rate to be offered to the new or prospective mobilehome owner and
if an increase in the existing rental rate is proposed, the corresponding percentage of the increase in
11 .,.2 - G:, I
rent. Both the current mobilehome owner and the park owner or their agent shall provide all new or
prospective mobilehome owners with a copy of such written statement of the rental rate.
Should no offer to purchase the mobilehome be accepted within six months of the written statement of
the rental rate to be offered to the new or prospective mobilehome owner, the park owner or their
agent may provide a revised written statement of the rental rate to be offered and whether such rental
rate is in excess of the annual increase in the applicable CPI. Such written statement can be revised by
the park owner or their agent every six months thereafter and shall be immediately provided to the
current mobilehome owner.
Upon acceptance of an offer to purchase a mobilehome, the outgoing mobilehome owner shall
immediately provide written notice to the park owner or their agent of the pending sale of the
mobilehome and an address at which the new mobilehome owner may be contacted. The park owner
shall provide to the new mobilehome owner a written statement as to the rental rate to be offered and
if an increase in the existing rental rate is proposed, the corresponding percentage of increase in rent
within 15 days of receiving written notice of the pending sale of a mobilehome. The park owner shall
also provide the new mobilehome owner with any other document required by California Civil Code
section 798.75(a).
The park owner or their agent shall provide a copy of each written statement of rent provided to both
the current and new mobilehome owner to the City of ChuIa Vista Community Development
Department at the same time as issuance of the notice to the current and new mobilehome owner. The
copy of the rent increase notice shall be mailed (U.s. Postal Mail Service return receipt requested) to
the Community Development Department of the City of Chula Vista, 276 Fourth Avenue, Chula Vista,
CA 91910. If the residents within the affected mobilehome park have established a representative
body and notified the owner in writing of its existence, a copy of each rent increase notice must be sent
to the chairperson of that body.
Where an increase in rent to the new or prospective mobilehome owner is proposed and results in a
total rent increase in the calendar year above the annual permissive as provided in Section 9.50.050,
the following additional noticing requirements and review process shall apply:
1. The park owner or their agent shall provide the current owner and the new or prospective
mobilehome owner with a Notice of Rent Increase in Excess of the Annual Permissive Rent
Increase Upon Change of Ownership in substantially the form prescribed in Appendix One of
this Chapter. Such written statement of the rental rate to be offered shall contain a place for the
outgoing mobilehome owner to acknowledge receipt of the statement of rent. The notice
provided to the new or prospective mobilehome owner shall also state whether the current
mobilehome owner completed the hearing process or reached agreement as to the increase if
the rental rate is proposed to increase in an amount greater than the annual permissive.
2. Either the current or new mobilehome owner shall have the right to a hearing and decision
regarding the increase under the provisions of Sections 9.50.066, 9.50.070 and 9.50.073. A
Request for Hearing Form must be filed within thirty days after receipt of the written
statement of rental rate in substantially the form prescribed in Appendix One.
12 c::.2.- '" 2-.
9.50.078 Right to Mediate Mobilehome Resale Price.
A. In line with the purpose of this chapter to maintain a supply of affordable housing in the mobilehome
market, it is the goal and objective of the city that a current mobilehome owner should not be able to
command, due to limited mobilehome space availability, a higher price for a mobilehome upon sale due
to the fact that the rent is regulated by the provisions of this chapter. The City Council finds that there
is currently no evidence that overcharging for mobilehomes is a significant problem in Chula Vista, and
that it has little, if any, significant effect on the supply of affordable housing in the City of Chula Vista,
so as to require mobilehome resale price regulation by the city. The City Council finds that this is due, in
part, to the annual permissive rent increases provided in this Chapter. The City Council further finds
that if, after time, it appears that the mediation process offered by this section is inadequate to address
any potential problem with overcharging, it may reconsider more stringent control over mobilehome
overcharging in the future.
B. The park owner shall post the following notice in a prominent place, in the on-site office:
NOTICE OF THE RIGHT TO MEDIATE THE PURCHASE PRICE OF MOBILEHOME
In addition to the right to a hearing on an increase in rent above the applicable CPI, a
potential purchaser of a mobilehome has the right to mediate the purchase price of a
mobilehome, if you contend that the purchase price is higher because of rent regulation,
then the purchase price might ordinary be without rent regulation.
In order to submit the purchase price dispute, based solely on the grounds than the
purchase price is more than would ordinarily be without rent regulation, between
yourself and your potential seller to the Chula Vista Mobilehome Rent Review
Commission for non-binding mediation your must
1. Extend an offer to purchase the mobilehome, but not execute an agreement to
purchase;
2. Sign and file with the community development director the form requesting mediation
prior to executing a purchase agreement; and,
3. Participate in the mediation process provided by the Mobilehome Rent Review
Commission.
C. If, prior to executing a mobilehome purchase agreement, the new or prospective mobilehome resident
contends that the price at which the mobilehome is offered by the current mobilehome owner is higher
because of rent regulation than the price of the mobilehome without rent regulation, the new or
prospective mobilehome owner has the right, upon tender to the seller of an offer to purchase the
mobilehome at a price acceptable to the new or incoming mobilehome owner, to submit the price
dispute to the Mobilehome Rent Review Commission for mediation.
D. Upon submittal of the price dispute to the Mobilehome Rent Review Commission by the new or
prospective mobilehome owner, the Commission shall convene as soon as practical to hear the dispute,
not sooner than 10 days notice to the buyer and seller of the time and place at which the mediation shall
occur. If the Seller fails to appear, the Commission should hear the complaint and evidence of the new
or prospective mobilehome owner for the purpose of creating a record of such abuses, if any. However,
the Commission shall have no power to set the resale price of a mobilehome with or without the
presence of the parties.
13 02- "-.3
E. The purpose of the mediation, and the sole jurisdiction of the Commission in the mediation, is to get the
parties to agree, if possible, to a price which reflects the value of the mobilehome as if the rents in the
park were not regulated by this chapter.
(Ord 2566, 96 (part) 1993; Ord 2551 91 (part), 1993; Ord 2737 91 (part), 1998).
9.50.079
Findings Regarding Serious Code Violations.
A. The City Council finds that there currently exists serious health and safety issues in certain
mobilehome parks within the City. These health and safety issues are particularly acute in the older !railer
parks in the City. In order to establish a minimal level of health and safety standards which must exist in all
mobilehome parks prior to any rent increase in excess of the annual permissive rent increase, the City
Council finds that the violations listed in Appendix Two constitute serious code violations which may not
exist within a mobilehome park at the time of the proposed rent increase.
B. The City Council further finds that the provisions of this Chapter provide for a sufficient
return on inveshnent and allow for a sufficient period of time to allow park owners to meet the minimal
health and safety standards set forth herein. The City Council finds that adoption of this Chapter does not
constitute an action or inaction by the City which will result in the closure, cessation or change of use of a
mobilehome park. Except in these cases where the City Council, in its discretion, decides not to renew a
conditional use permit or zoning variance as provided for in Government Code section 65863.7(i), the City
Council finds that any closure, cessation or change in use of a mobilehome park occurring after the adoption
of this Chapter is the result of the decision of the park owner, and, prior to any such closure, cessation or
change in use, the mobilehome park owner must comply with the provisions of Government Code sections
65863.7 and 65863.8 as well as the provisions of the City's conversion ordinance, Chapter 9.40 of the
Municipal Code.
9.50.080
Notice of Serious Code Violations.
In the event a park owner wishes to increase space rents in excess of the Annual Permissive Rent
Increase, he or she must first give notice to affected residents in compliance with the notice requirements
contained in Section 9.50.063. The Notice of a Rent Increase in Excess of the Annual Permissive Rent Increase
shall be in substantially the form prescribed in Appendix One of this Chapter and shall include information
regarding a review for serious code violations.
The park owner shall post, in a prominent place, copy of Appendix Two of this Chapter so that all
residents are aware of those code violations which may create serious health, safety, and welfare problems.
Failure to maintain a posted copy of Appendix Two, or failure to provide the notice required below in
connection with any proposed space rent increase shall constitute a violation of this chapter.
The requirements of this Section are not applicable to those rent increases upon a change in ownership
of a mobilehome to remain in the park.
14 OL-~ 'I
9.50.081
Proposed Space Rent Increases at a Time When There Exist Serious Code Violations at
Park.
The City Council finds that at times residents in parks have alleged that their rents are being
increased, even though the park is in a state where serious code violations which affect the health, safety,
and welfare of the residents exist. The City Council further finds that park owners should be required to
operate and maintain their parks in substantial compliance with applicable codes and particularly in a
manner which is not hazardous to the health, safety, and welfare of the residents. Therefore, in order to
encourage compliance with code requirements and to protect the health, safety and welfare of park
residents, the City Council finds that it is necessary and appropriate to establish a process to limit or
prohibit increases in rents which are above the annual permissive rent increase unless and until it has been
reasonably determined by City staff that no serious code violations as listed in Appendix Two hereto exist at
the park which would be hazardous to the health, safety, and welfare of the residents.
Therefore, in a situation where a mobilehome park owner wishes to increase the rent in excess of the
annual permissive rent increase, the City's Planning and Building Deparhnent shall schedule an inspection
of the subject mobilehome park consistent with Appendix Two within twenty-one (21) calendar days of
receiving a notice of such rent increase. Subject to staffing limitations, City staff will make a determination
within 30 calendar days of the inspection of the subject mobilehome park as to whether or not a serious
violation or violations exist within the park and whether it or they do adversely affect the health, safety, and
general welfare of residents. The notice of such determination shall be provided to any homeowners
association at the park, which is registered with the Community Development Department, and to the park
owner. The park owner may meet with City staff to discuss the violation(s) determined to exist and possible
actions needed to cure such violation(s).
If a serious violation as specified above is determined to exist, the park owner may cure the
violation, in which case the rent increase will become effective upon such cure, after the 90 days as specified
in the notice of rent increase, or upon fixing of the space rents by the Commission whichever date or event
last occurs and in compliance with Section 9.50.063. The park owner will receive written notification from
the City of the cure of any such serious violation as determined by City staff. In the alternative, the matter
of any alleged code violation shall be considered as part of the hearing process on the proposed increase or
the park owner may request a hearing before the Mobilehome Rent Review Commission on the matter of
the alleged violation's relation to the proposed rent increase. The Commission may take into consideration
any code violation which has not been resolved, in determining to what extent a rent increase, if any, should
be allowed. After making such determination, the Commission shall fix the rent as provided for in Section
9.50.082 of this Chapter.
It is not the intent of this section to delay rent increases, but to attempt to resolve serious code
violations during the 90 day period required by State law prior to the effective date of any rent increase.
This Section does not limit or preclude the City from proceeding in accordance with all applicable laws
against a park owner if it is found that a violation of code exists at the park. Furthermore, any review of
the specific code violations listed in Appendix Two is not intended to substitute for the comprehensive
inspection program for mobilehome/trailer parks administered by the Planning and Building Department
in compliance with Title 25 of the California Code of Regulations.
15 c::J - 6S"
9.50.082
Denial or Partial Reduction of Rent Increases Based Upon Code Violations.
The violations which may result in a denial or reduction in any proposed rent increase which is in
excess of the annual permissive rent increase are limited to those listed in Appendix Two. Each year, the
Community Development Department shall send a copy of Appendix Two to each park for posting in a
common area as required above. Violations listed in Appendix Two hereto may be modified from time to
time by the City Manager without necessity of additional ordinance by the City Council.
In making a determination regarding whether to permit that rent increase which is in excess of the
annual permissive rent increase when serious code violations exist, the Commission and City staff shall
have the discretion to work with a park owner to bring a park into compliance over a period of time. If a
park owner contends that immediate compliance would result in the immediate closure of a park, the
Commission and City staff shall consider this contention and address the issues of compliance on a case-by-
case basis. However, the City Council finds that compliance with the minimal health and safety standards
provided for herein will not result in such closures.
9.50.085
9.50.012)
Compliance with Law and Posting and Disclosure Requirements. (Previously known as
Every mobilehome park owner shall comply with the provisions of the Mobilehome Residency Law
(Chapter 2.5, Section 798 of the California Civil Code), and the provisions of this Chapter. Also, a copy of
the Mobilehome Residency Law and this Chapter shall be prominently posted in a common area of each
park's premises at all times.
In addition, the information contained in the disclosure below shall be provided as follows: (1)
when a mobilehome in a park is to be sold and it will remain in the park, the seller shall show the disclosure
to all potential buyers; (2) the park owner will provide a copy of the disclosure to a buyer of a mobilehome
that will remain in the park prior to signing of a rental/lease agreement; and, (3) a copy of the disclosure
acknowledged by the buyer shall be an addendum to every rental agreement.
MUNrcrp AL CODE CHAPTER 9.50 DISCLOSURE
Chula Vista Municipal Code Chapter 9.50, Mobilehome Park Space Rent
Review, governs all mobilehome park spaces for leases of 12 months or less.
For leases of more than 12 months, Chapter 9.50 does not apply, per Section
9.50.012 and State law.
Chapter 9.50 generally applies to, but is not limited to, rent control measures.
Of particular interest is Section 9.50.063, which details the noticing
requirements for increases in space rent upon a change in ownership of a
mobilehome that is to remain within the park, whether or not the increase is
in excess of the annual permissive rent increase.
If the cumulative annual increase is greater than the applicable change in the
cpr, when the cpr is three percent (3 %) or less, and 75 percent of that change
in the cpr above three percent (3 %), then the new or prospective mobilehome
owner (buyer) or the current mobilehome owner (seller) has the right to
request a hearing from the Chula Vista Mobilehome Rent Review
Commission for enforcement of Chapter 9.50. For the purposes of this
16 .",,) -" G:,
paragraph "cumulative annual increase" means the total rent increase for the
space within the past year. For example, if the annual permissive rent
increase is four percent, but the rent was increased less than four percent, the
park owner may require an additional rent increase up to the total four
percent without becoming subject to the right to appeal provisions of the
Mobilehome Park Space Rent Review Ordinance. This hearing must be
requested within 30 days of receiving such written statement by submitting a
Request for Hearing Form the City of Chula Vista Community Development
Department, the address of which is listed below.
A copy of the Mobilehome Rent Review Ordinance is available at the City of
Chula Vista, Community Development Department, 276 Fourth Avenue,
Chula Vista, CA 91910 or one can be obtained from park management.
Acknowledgment:
Signature:
Date:
Name"
9.50.087
Implementation Guidelines.
After a noticed public hearing, as it deems necessary, the Commission may adopt guidelines or
regulations to aid in the implementation of this Chapter and to assure a fair hearing process.
9.50.090
Mobilehome Resident's Right of Refusal.
A mobilehome resident may refuse to pay any increase in rent which is in violation of this Chapter.
Such refusal to pay shall be a defense in any action brought to recover possession of a mobilehome space or
to collect a rent increase.
9.50.092
Retaliatory Eviction.
In any action brought to recover possession of a mobilehome or mobilehome space, the court shall
consider as grounds for denial any violation of any provision of this Chapter. Further, the determination
that the action was brought in retaliation for the exercise of any rights conferred by this Chapter shall be
grounds for denial.
9.50.078 Criminal Acts.
(Section repealed by Ord
@ ,2001)
9.50.095 Mediation of negotiation commissioner's decision. (Previously known as 9.50.080)
(Section repealed by Ord 2282@2, 1988; Ord 2163 @9, 1986; Ord 1997@1 (part), 1982).
17 .,;;. - G 7
9.50.100 Civil and Administrative Remedies. (Previously known as 9.50.081)
A. Civil Action. Any person who demands, accepts, receives or retains any payment of rent in excess of the
maximum rent allowable by this chapter shall be liable in a civil action, including unlawful detainer, to
the person upon whom the demand was made or from whom the rent was accepted in an amount of up
to triple the amount of such improperly collected rent, and for such reasonable attorney's fees and costs
as may be determined by the court.
B. Administrative Action. In the event any owner is determined, after a duly noticed hearing by the
Mobilehome Rent Review Commission, to have willfully and improperly collected rents or other fees or
charges, the commission may, on the basis of evidence received at such hearing supporting a
determination that such rents, fees or charges were willfully and improperly collected, require a
reduction in rent or a reimbursement of such improperly collected rents, fees, or charges, in an amount
of up to triple the amount of such improperly collected rents, fees or charges.
(Ord 2551 ~1 (part), 1993; Ord 2737 ~1 (part), 1998).
9.50.102 Criminal Remedies. (Previously known as 9.50.083)
Any person committing a violation of this chapter shall be guilty of a misdemeanor. Any person convicted of
a misdemeanor under the provisions of this chapter shall be punished by a fine of not more than a $1,000 or by
imprisonment in the county jail for a period of six (6) months in jail or by both such fine or imprisonment. The
following nonexclusive acts, without limitation due to enumeration, shall constitute a criminal violation of
this Chapter, including the owner of a park if done by an owner's agent with the knowledge or consent of
the owner:
A. Knowingly demanding, accepting or retaining any rent in excess of the amount fixed by this
Chapter, including the demanding of rent waived under the provisions of Subsection E of Section 9.50.075,
except that demands for annual increases in rent and negotiations for rent permitted under this Chapter
shall not be deemed illegal.
B. Knowingly commencing, or threatening to commence, or maintaining an eviction or
unlawful detainer proceeding against a resident for the failure to pay a rent in excess of the amount fixed
pursuant to this Chapter.
(Ord 2551 ~1 (part), 1993).
9.50.105 Arbitration. (Previously known as 9.50.085)
(Section repealed by Ord 2306 ~1 (part), 1989; Ord 2282 ~1, 1988).
9.50.110 Deferral of Rent Increases. (Previously known as 9.50.090)
(Section repealed by Ord 2451 ~8, 1991; Ord 2306 sl, 1989; Ord 2282 ~2, 1988; Ord 2163 s10, 1986; Ord
199791 (part), 1982).
18
;1..-"8'
9.50.115 Severability. (Previously known as 9.50.100)
If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held
invalid or unconstitutional, such portion shall be deemed a separate and independent provision and such
decision shall not affect the validity of the remainder. (Ord 2551 91 (part), 1993; Ord 2163911,1986; Ord 1997
91 (part), 1982).
9.50.120 Enforcement. (Previously known as 9.50.110)
(Section repealed by Ord 2282 92, 1988; Ord 2163 911, 1986; Ord 199791 (part), 1982).
19
d. -b ?
SECTION II: This ordinance shall take effect and be in full force on the thirtieth day from and after
its adoption.
Presented by Approved as to fonn by
~~~~~~
Chris lorn one
Director of Community Development
/J O'I.R 5L - AA--- (Or;? :
John M. Kahe~Y-VVL)
City Attorney
26 c2-70
APPENDIX ONE
NOTICE - RENT INCREASE IN EXCESS
OF THE ANNUAL PERMISSIVE RENT INCREASE
IF YOU DO NOT TAKE ACTION TO REQUEST A HEARING BY
THE MOBILEHOME RENT REVIEW COMMISSION WITHIN
THIRTY DAYS, THIS INCREASE SHALL BE AUTOMATICALLY
EFFECTIVE ON (DATE) [Not sooner than
ninety days after date of notice.], EXCEPT AS PROVIDED IN
SECTION 9.50.079 Ef SEQ AND SUBJECT TO THE NOTICING
REQUIREMENTS CONTAINED THEREIN
This is a notice of a rent increase which exceeds the annual permissive rent increase as set forth in
Section 9.50.050 of the City of Chula Vista's Municipal Code. An annual rent increase of the
percentage increase of the Consumer Price Index (CPI) for the most recent twelve (12) month period,
as reported by the Bureau of Labor Statistics, preceding this notice, when the CPI is three percent
(3 %) or less, and 75 percent of that change in the CPI above three percent (3 %) is allowed without a
right to a hearing of the Commission. The CPI is _ % and the annual permissive rent increase is
_ %. This increase is _ % of your current rent.
Additionally, this is your notice that Chapter 9.50 of the City of Chula Vista Municipal Code
specifies that rents in excess of the annual permissive rent increase as set forth in Section 9.50.050
cannot be automatically increased for any park when there exists serious violations of applicable
codes, as specifically listed in Appendix Two to Chapter 9.50.
Under the city's Municipal Code, you are entitled to the following rights:
1. VoIuntarv Meeting. I am required to hold a meeting with the residents to discuss the general
reasons for the increase. The meeting will be at [state time (must be within
ten days) and place (should be at mobilehome park)]. Under the City's ordinance, owners and
residents are encouraged to attempt to resolve differences and reach a voluntary agreement
regarding this increase.
2. Right to a Hearing. You have the right to file for a hearing and determination by the
Mobilehome Rent Review Commission by delivering a form as described in Section 9.50.066. You
may file for such hearing only if you or your representative attend the meeting to discuss the
increase. To file for such hearing you must deliver the request for Hearing form to the City's
Community Development Department within thirty days of the date this notice is served on you.
If you are unable to attend the meeting as scheduled, you may elect to send a representative.
Please submit in writing to the park owner and the Community Development Department
notification that you have elected to be represented at such meeting by another party and stating
the name of your representative.
If a resident does not attend this meeting or is not represented by someone, he or she shall have no
right to a hearing but may rely on other residents of the mobilehome park to cause a public
21 d.. - 7 I
hearing to be scheduled. In the event a request for hearing is initiated, the action will include the
rent increase issues with regard to all the affected residents.
3. Review of Serious Code Violations. In order to establish a minimal level of health and safety
standards which must exist in all mobilehome parks prior to any rent increase in excess of the
annual permissive rent increase, the City will conduct an inspection of this mobilehome park in
compliance with the requirements of Section 9.50.079 and based upon Appendix Two. A list of
the specific code violations which apply may be obtained from the office of the Community
Development Department during normal business hours, and is required to be posted in a
common area of each park's premises at all times.
The City will provide notice of its determination as to whether or not a serious violation or
violations exist at the mobilehome park and whether it or they do adversely affect the health,
safety, and general welfare of residents to any homeowners association at the park, which is
registered with the Community Development Department, and to the park owner. It is the
City's intent to attempt to resolve serious code violations during the 90 day period required by
State law prior to the effective date of any rent increase. Sections 9.50.080 does not limit or
preclude the City from proceeding in accordance with all applicable laws against a park owner
if it is found that a violation of code exists at the park.
The following space numbers are subject to this increase: [insert numbers of affected spaces].
If you have questions, or need more information regarding the hearing process or serious code
violations, you can call the City at (619) 585-5722.
Park Owner/Manager
Date
22
cJ. - 7 ':L-
NOTICE - ANNUAL CUMULATIVE RENT INCREASE
IN EXCESS OF THE ANNUAL PERMISSIVE
UPON CHANGE OF OWNERSHIP
IF YOU DO NOT TAKE ACTION TO REQUEST A HEARING BY
THE MOBILEHOME RENT REVIEW COMMISSION WITHIN
THIRTY DAYS, THIS INCREASE SHALL BE AUTOMATICALLY
EFFECTIVE UPON THE SALE OF YOUR MOBILEHOME AND
SUBJECT TO THE NOTICING REQUIREMENTS CONTAINED
THEREIN
This is a notice of a rent increase which exceeds the annual permissive rent increase as set forth in
Section 9.50.050 of the City of Chula Vista's Municipal Code. An annual rent increase of the
percentage increase of the Consumer Price Index (CPI) for the most recent twelve (12) month period,
as reported by the Bureau of Labor Statistics, preceding this notice, when the CPI is three percent
(3 %) or less, and 75 percent of that change in the CPI above three percent (3 %) is allowed without a
right to a hearing of the Commission. The CPI is _% and the annual permissive rent increase is
_ %. This increase reflects a cumulative increase for the space of _%.
Under the City's Municipal Code, you are entitled to the following rights:
1. Voluntary Meetinl1:. I am required to hold a meeting with you to discuss the general reasons for
the increase. The meeting will be at [state time (must be within ten days)
and place (should be at mobilehome park)]. Under the City's ordinance, owners and residents
are encouraged to attempt to resolve differences and reach a voluntary agreement regarding this
increase.
2. Ril1:ht to a Hearinl1:. You have the right to file for a hearing and determination by the Mobilehome
Rent Review Commission by delivering a form as described in Section 9.50.066. The current
mobilehome owner has the first right to a hearing on the rental increase, and in the event he or
she fails to pursue such hearing to completion, the new or prospective mobilehome owner is
entitled to file for such a hearing with the City's Community Development Department.
You may file for such hearing only if you or your representative attend the meeting to discuss the
increase. To file for such hearing you must deliver the request for Hearing form to the City's
Community Development Department within thirty days of the date this notice is served on you.
If you do not file such request, you forfeit your right to a hearing on the rent increase.
If you are unable to attend the meeting as scheduled, you may elect to send a representative.
Please submit in writing to the park owner and the Community Development Department
notification that you have elected to be represented at such meeting by another party and stating
the name of your representative.
If applicable:
The current resident! seller 0 has 0 has not completed the hearing process.
23 dl-73
If you have questions or need more information regarding Chapter 9.50 of the City's Municipal
Code, Mobilehome Park Space Rent Review Ordinance or the review process, you can call the
Community Development Department of the City at (619) 585-5722.
Acknowledgment:
Signature:
Date:
Name
24 c;;2 - 7 c./
REQUEST FOR HEARING
Rent Increase In Excess
Of The Annual Permissive Rent Increase
The undersigned hereby requests a hearing before the Mobilehome Rent Review Commission with
regard to a proposed rent increase described in the attached notice - Rent Increase in excess of the
annual permissive rent increase relating to the MobiIehome Park. [Note:
make certain you attach a copy of the notice of Rent Increase you received from the park owner.]
The undersigned is a resident of the park and has attended a meeting with the park owner, or sent
a representative on his behalf, as required in Section 9.50.064 of the Chula Vista Municipal Code.
The dispute has not been settled.
It is understood that this request is irrevocable and that it may be relied on by other residents of the
mobilehome park to cause a public hearing to be scheduled, and that the Mobilehome Rent Review
Commission will schedule a public hearing to consider the proposed rent increase, taking into
consideration the factors described in Chula Vista Municipal Code Section 9.50.073, and that the
decision of the MobiIehome Rent Review Commission shall be applicable to all affected homeowners
and shall be final and binding.
Signed
Print Name
Address
Telephone No.
Date
[The completed form must be delivered to the City of Chula Vista, Community Development
Department, Attn: Housing Manager, 276 Fourth Avenue, Chula Vista CA 91910]
25 o<-7S""
APPENDIX TWO
MOBILEHOME PARK
CODE VIOATIONS WHICH MAY CREATE SERIOUS
HEALTH, SAFETY, AND WELFARE PROBLEMS
INDIVIDUAL SPACES - Exterior only
A. All lots shall be numbered in a conspicuous location facing the interior roadway.
[Section l104(a)]
B. Power sources and plumbing adequately supplied, supported, and protected.
[Sections 1170, 1182, and 1280]
C. No illegal discharge of liquid or solid wastes (CVMC 19.66.150)
THE FOLOWING APPLY TO PARK GROUNDS - NOT INDIVIDUAL SPACES
PARK IN GENERAL - not individual spaceliflots
PARK GROUNDS
A. Clearly identify park address at street [CYMC Section 12.48.030]
B. Emergency information posted in conspicuous place. [Section 1686]
C. Unobstructed roadway shall be a 25 feet minimum (15 feet minimum if park
constructed prior to 9-15-61. If parking is allowed on one side of roadway, minimum
clearance is 32 feet, and if parking is permitted on both sides of roadway, a minimum
clearance of 40 feet is required. If there is some type of curb divider, each side must
be a minimum of 15 feet. [Section 1106]
D. Maintain proper grading and drainage (Accumulation of water) [Section 1610(a)]
E. Adequate refuse/rubbish disposal. [Section 1610 (d)]
F. No illegal discharge of liquid or solid wastes (CVMC 19.66.150)
PERMANENT BUILDING STRUCTURES
G. Any new structures or work to have required permits [Section 1018(a)]
H. Maintenance sufficient to assure minimum life and safety standards [Section 1636]
I. Water heater properly installed and vented [Uniform Plumbing Code Sections 508.0,
512.1, and 608]
J. Required lighting in public toilets, showers, and laundry facilities [Section 1612]
K. Conformance with the California Fire Code (CFC):
1. Exit Doors (CFC 2501.8)
2. Aisles (CFC 2501.9)
3. Seating (CFC 2501.10)
4. Exit ways must be free of obstructions. [CFC 2501.11]
5. Fire extinguishers shall be maintained in good repair. [CFVC 2501.13]
6. Exits shall be identified and lighted [CFC 2501.15, 1211 and 1212]
7. Room capacity shall be posted [CFC 2501.16.1]
26 0< - 7 rc
UTILITIES
L. All electrical equipment outside permanent buildings shall comply with
requirements of the California Electrical Code (CEC). [Section 1134(a) and 1384]
M. All overhead electrical supply and conductors and supporting structures shall
comply with requirements of the California Public Utilities Commission Rules for
Overhead Electrical Line Construction. [Section 1134.(b) & (c)]
N. Connections adequately protected if subject to potential damage by vehicles, etc.
[Sections 1228(a) and 1280]
O. Al electrical switches, circuit breakers, receptacles, lighting fixtures, control
equipment, and metering devices located in wet places or outside of a building shall
be rain-tight type equipment. [Section 1170(a)]
P. Sufficient space around electrical equipment to permit ready and safe operation.
[Section 1646(a)(b)]
Unless otherwise noted, all Section references are found in Title 25 of the California Code of
Regulations.
The Department of Planning and Building of shall provide a copy of all referenced code sections to
all park owners and/ or their agents. Copies of these referenced code sections shall be maintained at
all times at the on-site Manager's office and may be viewed during normal business hours by any
and all residents.
27
02-77
ORDINANCE NO.
Alternative 1: Fixed Percentage
All other text is to remain the same as proposed in the attached Ordinance with the exception of
the following sections:
9.50.077
Vacancies and Rents Upon Change of Mobilehome Ownership.
Notwithstanding any other provision of this Chapter, the mobiIehome park owner may
increase space rent in the event of a space vacancy or a change of ownership of a mobiIehome which
will remain on its current space in accordance with the following:
A. In the event that a space becomes vacant, that is, with no mobiIehome in place, a park
owner may adjust the space rent without regard to the provisions of this Chapter.
B. If a mobiIehome changes ownership but remains on the same space within the
mobiIehome park, the park owner may increase the space rent automatically in an
amount not to exceed fifteen percent above the then current base rent for that space,
subject to the noticing requirements contained herein. The park owner may propose an
increase greater than the fifteen percent automatic increase in compliance with those
additional noticing requirements and review process. A rent increase under this section
may be charged for a particular space no more than once every three years, regardless of
the number of actual transfers of ownership. However, no rent increase may be charged
upon change of ownership by reason of interspousal transfers.
C. This increase is in addition to the annual permissive rent increase as set forth in Section
9.50.050 and is not subject to the once-a-year limitation of Section 9.50.050 A.
D. After an increase under this Section, further rent increases shall be governed by the
provisions of this Chapter.
E. Should a current mobiIehome owner desire to sell his or her mobiIehome and such
mobiIehome will remain within the mobiIehome park, the mobiIehome owner must
provide a written notice to the park owner or their agent of his or her intent to sell.
Within 15 days of the receipt of a written notice of the current mobiIehome owner's
intent to sell the mobiIehome, the park owner or their agent shall provide a written
statement as to the rental rate to be offered to the new or prospective mobiIehome owner
and if an increase in the existing rental rate is proposed, the corresponding percentage of
the increase in rent. Both the current mobiIehome owner and the park owner or their
agent shall provide all new or prospective mobiIehome owners with a copy of such
written statement of the rental rate.
Should no offer to purchase the mobiIehome be accepted within six months of the
written statement of the rental rate to be offered to the new or prospective mobiIehome
owner, the park owner or their agent may provide a revised written statement of the
rental rate to be offered and whether such rental rate is in excess of the annual increase
in the applicable CPI. Such written statement can be revised by the park owner or their
OJ. -'1tt
agent every six months thereafter and shall be immediately provided to the current
mobilehome owner.
Upon acceptance of an offer to purchase a mobilehome, the outgoing mobilehome owner
shall immediately provide written notice to the park owner or their agent of the pending
sale of the mobilehome and an address at which the new mobilehome owner may be
contacted. The park owner shall provide to the new mobilehome owner a written
statement as to the rental rate to be offered and if an increase in the existing rental rate is
proposed, the corresponding percentage of increase in rent within 15 days of receiving
written notice of the pending sale of a mobilehome. The park owner shall also provide
the new mobilehome owner with any other document required by California Civil Code
section 798.75(a).
The park owner or their agent shall provide a copy of each written statement of rent
provided to both the current and new mobilehome owner to the City of Chula Vista
Community Development Department at the same time as issuance of the notice to the
current and new mobilehome owner. The copy of the rent increase notice shall be mailed
(U.S. Postal Mail Service return receipt requested) to the Community Development
Department of the City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910. If the
residents within the affected mobilehome park have established a representative body
and notified the owner in writing of its existence, a copy of each rent increase notice
must be sent to the chairperson of that body.
Where an increase in rent to the new or prospective mobilehome owner is proposed and
results in an increase exceeding fifteen percent of the then current base rent for that
particular space as provided in Section 9.50.077 B, the following additional noticing
requirements and review process shall apply:
1. The park owner or their agent shall provide the current owner and the new or
prospective mobilehome owner with a Notice of Rent Increase in Excess of the
Annual Permissive Rent Increase Upon Change of Ownership in substantially the
form prescribed in Appendix One of this Chapter. Such written statement of the
rental rate to be offered shall contain a place for the outgoing mobilehome owner to
acknowledge receipt of the statement of rent. The notice provided to the new or
prospective mobilehome owner shall also state whether the current mobilehome
owner completed the hearing process or reached agreement as to the increase if the
rental rate is proposed to increase in an amount greater than the annual permissive.
2. Either the current or new mobilehome owner shall have the right to a hearing and
decision regarding the increase under the provisions of Sections 9.50.066, 9.50.070
and 9.50.073. A Request for Hearing Form must be filed within thirty days after
receipt of the written statement of rental rate in substantially the form prescribed in
Appendix One.
,::J - /9
APPENDIX ONE
NOTICE - ANNUAL CUMULATIVE RENT INCREASE
IN EXCESS OF THE ANNUAL PERMISSIVE
UPON CHANGE OF OWNERSHIP
IF YOU DO NOT TAKE ACfION TO REQUEST A HEARING BY
THE MOBILEHOME RENT REVIEW COMMISSION WITHIN
THIRTY DAYS, THIS INCREASE SHALL BE AUTOMATICALLY
EFFECfIVE UPON THE SALE OF YOUR MOBILEHOME AND
SUB)ECf TO THE NOTICING REQUIREMENTS CONTAINED
THEREIN
This is a notice of a rent increase which exceeds the annual permissive rent increase of fifteen percent
upon change of ownership as set forth in Section 9.50.077 (B) of the City of Chula Vista's Municipal
Code. This increase reflects a cumulative increase for the space of _ %.
Under the City's Municipal Code, you are entitled to the following rights:
1. V oluntarv Meetinl!:. I am required to hold a meeting with you to discuss the general reasons
for the increase. The meeting will be at [state time (must be within ten
days) and place (should be at mobilehome park)]. Under the City's ordinance, owners and
residents are encouraged to attempt to resolve differences and reach a voluntary agreement
regarding this increase.
2. Ril!:ht to a Hearinl!:. You have the right to file for a hearing and determination by the
Mobilehome Rent Review Commission by delivering a form as described in Section 9.50.066.
The current mobilehome owner has the first right to a hearing on the rental increase, and in
the event he or she fails to pursue such hearing to completion, the new or prospective
mobilehome owner is entitled to file for such a hearing with the City's Community
Development Department.
You may file for such hearing only if you or your representative attend the meeting to discuss the
increase. To file for such hearing you must deliver the request for Hearing form to the City's
Community Development Department within thirty days of the date this notice is served on you.
If you do not file such request, you forfeit your right to a hearing on the rent increase.
If you are unable to attend the meeting as scheduled, you may elect to send a representative.
Please submit in writing to the park owner and the Community Development Department
notification that you have elected to be represented at such meeting by another party and stating
the name of your representative.
02- go
If applicable:
The current resident/ seller 0 has 0 has not completed the hearing process.
If you have questions or need more information regarding Chapter 9.50 of the City's Municipal
Code, Mobilehome Park Space Rent Review Ordinance or the review process, you can call the
Community Development Department of the City at (619) 585-5722.
Acknowledgment:
Signature:
Date:
Name
.2-- ~ (
ORDINANCE NO.
Alternative 2: Sliding Scale
All other text is to remain the same as proposed in the attached Ordinance with the exception of
the following sections:
9.50.077
Vacancies and Rents Upon Change of Mobilehome Ownership.
Notwithstanding any other provision of this Chapter, the mobiIehome park owner may
increase space rent in the event of a space vacancy or a change of ownership of a mobiIehome which
will remain on its current space in accordance with the following:
A. In the event that a space becomes vacant, that is, with no mobiIehome in place, a park
owner may adjust the space rent without regard to the provisions of this Chapter.
B. If a mobiIehome changes ownership but remains on the same space within the
mobiIehome park, the park owner may increase the space rent automatically in an
amount not to exceed ten percent above the then current base rent for that space for up
to five years of residency by the current mobiIehome resident, fifteen percent for six to
fourteen years of residency, and twenty percent for fifteen or more years of residency,
subject to the noticing requirements contained herein. The park owner may propose an
increase greater than this automatic increase subject to those additional noticing
requirements and review process. A rent increase under this section may be charged for
a particular space no more than once every three years, regardless of the number of
actual transfers of ownership. However, no rent increase may be charged upon change of
ownership by reason of interspousal transfers.
C. This increase is in addition to the annual permissive rent increase as set forth in Section
9.50.050 and is not subject to the once-a-year limitation of Section 9.50.050 A.
D. After an increase under this Section, further rent increases shall be governed by the
provisions of this Chapter.
E. Should a current mobiIehome owner desire to sell his or her mobiIehome and such
mobiIehome will remain within the mobiIehome park, the mobiIehome owner must
provide a written notice to the park owner or their agent of his or her intent to sell.
Within 15 days of the receipt of a written notice of the current mobiIehome owner's
intent to sell the mobiIehome, the park owner or their agent shall provide a written
statement as to the rental rate to be offered to the new or prospective mobiIehome owner
and if an increase in the existing rental rate is proposed, the corresponding percentage of
the increase in rent. Both the current mobiIehome owner and the park owner or their
agent shall provide all new or prospective mobiIehome owners with a copy of such
written statement of the rental rate.
Should no offer to purchase the mobiIehome be accepted within six months of the
written statement of the rental rate to be offered to the new or prospective mobiIehome
owner, the park owner or their agent may provide a revised written statement of the
rental rate to be offered and whether such rental rate is in excess of the annual increase
~ - 82--
in the applicable CPr. Such written statement can be revised by the park owner or their
agent every six months thereafter and shall be immediately provided to the current
mobilehome owner.
Upon acceptance of an offer to purchase a mobilehome, the outgoing mobilehome owner
shall immediately provide written notice to the park owner or their agent of the pending
sale of the mobilehome and an address at which the new mobilehome owner may be
contacted. The park owner shall provide to the new mobilehome owner a written
statement as to the rental rate to be offered and if an increase in the existing rental rate is
proposed, the corresponding percentage of increase in rent within 15 days of receiving
written notice of the pending sale of a mobilehome. The park owner shall also provide
the new mobilehome owner with any other document required by California Civil Code
section 798.75(a).
The park owner or their agent shall provide a copy of each written statement of rent
provided to both the current and new mobilehome owner to the City of Chula Vista
Community Development Deparbnent at the same time as issuance of the notice to the
current and new mobilehome owner. The copy of the rent increase notice shall be mailed
(U.S. Postal Mail Service return receipt requested) to the Community Development
Deparbnent of the City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910. If the
residents within the affected mobilehome park have established a representative body
and notified the owner in writing of its existence, a copy of each rent increase notice
must be sent to the chairperson of that body.
Where an increase in rent to the new or prospective mobilehome owner is proposed and
results in an increase exceeding automatic permissive increase upon change of
ownership for that particular space as provided in Section 9.50.077 B, the following
additional noticing requirements and review process shall apply:
1. The park owner or their agent shall provide the current owner and the new or
prospective mobilehome owner with a Notice of Rent Increase in Excess of the
Annual Permissive Rent Increase Upon Change of Ownership in substantially the
form prescribed in Appendix One of this Chapter. Such written statement of the
rental rate to be offered shall contain a place for the outgoing mobilehome owner to
acknowledge receipt of the statement of rent. The notice provided to the new or
prospective mobilehome owner shall also state whether the current mobilehome
owner completed the hearing process or reached agreement as to the increase if the
rental rate is proposed to increase in an amount greater than the annual permissive.
2. Either the current or new mobilehome owner shall have the right to a hearing and
decision regarding the increase under the provisions of Sections 9.50.066, 9.50.070
and 9.50.073. A Request for Hearing Form must be filed within thirty days after
receipt of the written statement of rental rate in substantially the form prescribed in
Appendix One.
02- f.3
APPENDIX ONE
NOTICE - ANNUAL CUMULATIVE RENT INCREASE
IN EXCESS OF THE ANNUAL PERMISSIVE
UPON CHANGE OF OWNERSHIP
IF YOU DO NOT TAKE ACTION TO REQUEST A HEARING BY
THE MOBILEHOME RENT REVIEW COMMISSION WITHIN
THIRTY DAYS, THIS INCREASE SHALL BE AUTOMATICALLY
EFFECTIVE UPON THE SALE OF YOUR MOBILEHOME AND
SUBJECT TO THE NOTICING REQUIREMENTS CONTAINED
THEREIN
This is a notice of a rent increase which exceeds the annual permissive rent increase of percent
upon change of ownership as set forth in Section 9.50.077 (B) of the City of Chula Vista's Municipal
Code. This increase reflects a cumulative increase for the space of _ %.
Under the City's Municipal Code, you are entitled to the following rights:
1. Voluntary Meeting. I am required to hold a meeting with you to discuss the general reasons
for the increase. The meeting will be at [state time (must be within ten
days) and place (should be at mobilehome park)). Under the City's ordinance, owners and
residents are encouraged to attempt to resolve differences and reach a voluntary agreement
regarding this increase.
2. Right to a Hearing. You have the right to file for a hearing and determination by the
Mobilehome Rent Review Commission by delivering a form as described in Section 9.50.066.
The current mobilehome owner has the first right to a hearing on the rental increase, and in
the event he or she fails to pursue such hearing to completion, the new or prospective
mobilehome owner is entitled to file for such a hearing with the City's Community
Development Department.
You may file for such hearing only if you or your representative attend the meeting to discuss the
increase. To file for such hearing you must deliver the request for Hearing form to the City's
Community Development Department within thirty days of the date this notice is served on you.
If you do not file such request, you forfeit your right to a hearing on the rent increase.
If you are unable to attend the meeting as scheduled, you may elect to send a representative.
Please submit in writing to the park owner and the Community Development Department
notification that you have elected to be represented at such meeting by another party and stating
the name of your representative.
cJ. - 8'1
If applicable:
The current resident/ seller 0 has 0 has not completed the hearing process.
If you have questions or need more information regarding Chapter 9.50 of the City's Municipal
Code, Mobilehome Park Space Rent Review Ordinance or the review process, you can call the
Community Development Department of the City at (619) 585-5722.
Acknowledgment:
Signature:
Date:
Name
02-8'S
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No. of Spaces Reviewed
Trailer Parks (Family)
Bayside
Broadway Trailer Park
EI Mirador
Trailer Villa
Family Parks
5 & 10 Mobile Ranch
Bayscene
Brentwood
Mountain View
Senior Parks
Continental MH Park
Don Luis Estates
Granada
Jade Bay
Lynwood South
Otay Lakes Lodge
Palms
Rancho Bonita
Terry's
TOTAL
31
70
32
116
98
118
237
128
77
118
197
76
18
194
214
90
167
1,981 Spaces
Type of Park Rent Average Minimum Maximum
Increase
Current $ 294.38 $ 207.19 $ 534,00
Trailer Parks 10% $ 323,82 $ 227,91 $ 587.40
15% $ 338,54 $ 238.27 $ 614.10
25% $ 367.98 $ 258,99 $ 667,50
Current $ 377.62 $ 273.68 $ 671.84
Family Parks 10% $ 415.38 $ 301.05 $ 739,02
15% $ 434,26 $ 314.73 $ 772.62
25% $ 472.02 $ 342,10 $ 839.80
Current $ 381.62 $ 245,63 $ 580,00
Senior Parks 10% $ 419,79 $ 270.19 $ 638,00
15% $ 438.87 $ 282.47 $ 667.00
25% $ 477.03 $ 307,04 $ 725.00
~ - 9,-/
ATTACHMENT 4
PAGE 1, ITEM NO.:
MEETING DATE:
3
07/09/02
JOINT REDEVELOPMENT AGENCY / CITY COUNCIL
AGENDA STATEMENT
ITEM TITLE: RESOLUTION DIRECTING STAFF TO IMPLEMENT A CODE
ENFORCEMENT PROGRAM FOR INSPECTING MOBILE HOME PARKS
AND PROVIDING FIELD SUPPORT FOR THE COMMUNITY HOUSING
IMPROVEMENT PROGRAM, ADDING ONE SENIOR CODE
ENFORCEMENT OFFICER; AND AMENDING THE FY03 BUDGET AND
APPROPRIATING FUNDS THEREFOR
SUBMITTED BY: COMMUNITY DEVELOPME 01 ECTOR L.~~ ~
PLANNING AND BUILDING IR TOR -A, t:J--
REVIEWED BY: CITY MANAGER
/)
4/5THS VOTE: YES 0 NO D
BACKGROUND
The preservation and improvement of affordable housing is critical to the long-term interests of
the City of Chula Vista, Therefore, a proposed new Senior Code Enforcement Officer position
will be assigned the responsibility of conducting inspections of mobile home parks and providing
field assistance to the Community Housing Improvement Program (CHIP). Due to financial
limitations imposed by the State of California, the existing Title 25 Mobile Home Park Inspection
Program is not staffed at a level that can adequately respond to the deteriorating conditions
found in some of the City's mobile home ond trailer parks, This position will supplement those
efforts, and will be funded from a combination of the General Fund and Redevelopment Low and
Moderate Income Housing Fund.
RECOMMENDATION
It is recommended that the City Council adopt the resolution directing staff to implement a code
enforcement program for inspecting mobile home parks and providing field support for the
Community Housing Improvement Program, amending the FY 2002-03 budget by adding one
Senior Code Enforcement Officer position in the Planning and Building Department and
appropriating $107,140 ($24,900 for purchase of a vehicle and related maintenance and office
equipment and $82,240 for personnel service expenses) based on unanticipated reimbursement
revenues from the Redevelopment Agency Low and Moderate Income Housing Fund to reimburse
the General Fund for these services.
...3 - f
PAGE 2, ITEM NO.:
MEETING DATE: 07/09/02
BOARDS/COMMISSIONS RECOMMENDATION
Not applicable,
DISCUSSION
Mobile Home Park Inspection Proaram
For over twenty five years, the City of Chula Vista has assumed the responsibility for enforcement
of State mandated compliance with Title 25 Health and Safety requirements in mobile home
parks, The City currently has 32 mobile home parks with 3,642 lots. For the last several years,
the City's ability to conduct periodic inspections of these mobile home parks has been restricted
due to State imposed limitations on charging appropriate inspection fees, This has resulted in the
City's ability to respond to only those complaints relating to individual lots.
In conjunction with the adoption of the revised Mobilehome Park Space Rent Review Ordinance,
staff is now proposing to add a new Building Inspector II/Code Enforcement Officer II, whose
primary responsibilities will be to:
. Respond to inspections of parks mandated by the revised Mobilehome Park Space Rent
Review Ordinance, and
. Canduct a proactive Title 25 mobile home park inspectian program for all mobile home
pa rks,
The Title 25 inspection program will focus on identifying and eliminating fire and life safety
deficiencies in our mobile home parks. The priority order in which individual parks are inspected
will be based on recommendations from Community Development Department staff, as well as
observations of Code Enforcement staff, The overall objective is to complete a Title 25 inspection
of every park in the City within a five to seven year period. This position will provide support for
this program at approximately 60% of its total work hours.
Community Housina Improvement Proaram (CHIP)
The Community Housing Improvement Program (CHIP) provides loans and grants to rehabilitate
single-family and mobile homes within the City of Chula Vista, The intent of the program is to
provide financial assistance to homeowners primarily to correct health and safety issues, and
upon completion of these repairs, to make cosmetic improvements to the property.
Previously, Council approved revisions to the highly successful CHIP. These revisions allow for
more effective implementation and oversight of the program, An integral component to
implementing this program is the availability of field support staff to conduct property inspectians
and to work with homeowners and contractors, The role of the field staff person is to implement
and enforce the Program's goals and procedures,
..3-~
PAGE 3, ITEM NO.:
MEETING DATE: 07/09/02
In addition, this position will provide technical support for the First-time Homebuyer Down
payment and Closing Cost Assistance Program on an as-needed basis. The new Senior Code
Enforcement Officer will provide field support for these programs at an estimated 40% of its total
work hours.
It should be noted that the actual staff time required to support both the mobile home park
inspection program and the Community Housing Improvement Program, as described above, will
be closely monitored, If it is determined that either program requires greater field staff support
than is currently estimated, staff will return to Council to obtain further direction on program
priorities and/or authorization for additional staff.
FISCAL IMPACT
In FY 03 there is no fiscal impact to the General Fund and a fiscal impact of $107,410 to the
Redevelopment Agency Low and Moderate Income Housing Fund, The ongoing annual fiscal
impact to the Housing Fund is estimated at $95,000 for the continued funding of this program, Any
further impacts will be subject to City Council approval during the budget process.
J:\COMMDEV\STAFF .REP\07 -09-02\Code enforcement officer.doc
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