HomeMy WebLinkAboutOrd 1989-2291 Revised 1/26/89
ORDINANCE NO. 2291
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHAPTER 9.50 OF THE CHULA VISTA MUNICIPAL CODE
RELATING TO THE PETITION FOR MOBILEHOME PARK SPACE
RENT NEGOTIATION AND ARBITRATION
The City Council of the City of Chula Vista does ordain
as follows:
SECTION I: That Chapter 9.50 of the Chula Vista
Municipal Code is hereby amended by adding a new sentence to
Section 9.50.040 and a new Section 9.50.065 to read as follows:
Sec. 9.50.040 Negotiation commission-Membership.
The mobilehome negotiation commission in each
mobilehome park shall consist of five commissioners.
The commission shall be formed within a mobilehome park
in the city in response to a particular dispute within
fifteen (15) working days of the date the owner receives
a written petition of the residents of more than fifty
percent (50%) of the mobilehome spaces within the
owner's mobilehome park requesting that the commission
be formed. Said petition must be sent by registered or
certified mail, return receipt requested, or by U. S.
Postal Service certificate of mailing to l) the park
owner, 2) the City Clerk, 3) the Community Development
Department, and 4) City Attorney within thirty (30) days
after a notice of rental increase per Civil Code
Sections 798.30 or 798.32 is given. A good faith
attempt to meet the thirty (30) day petition filing
s.fficie.t for p.r oses of this sectio..
n regarding the timeliness of the petition
or his/her designee subject to an the City
Council.
1. Two commissioners shall be residents of the
mobilehome park within which the commission is
being formed and they shall be elected by a
majority vote of the other owner/occupant residents
of the mobilehome park.
2. Two commissioners shall be designated by the owner
of the mobilehome park.
3. Resident commissioners and park owner commissioners
shall be selected within ten (lO) working days.
-1-
4. The fifth commissioner shall be appointed by the
unanimous vote of the other four commissioners and
shall be selected from a list of candidates
promulgated by the City's Mobilehome Issues
Committee, who, to the knowledge of the Mobilehome
Issues Committee, have no specific involvement in
the mobilehome community or the mobilehome
industry. It is preferable that the fifth
commissioner have some financial or accounting
background. The four (4) commissioners shall have
five (5) working days to select the fifth
commissioner.
5. In the event that either party does not select the
required commissioners, or in the event that the
selected commissioners do not select the required
fifth commissioner, within the stipulated time
period, the Community Development Director of the
City shall appoint the required commissioner or
commissioners.
6. A chairman shall be selected by the majority vote
of the commissioners.
7. At least two resident commissioner alternatives
shall be elected, in and one park owner
commissioner and fifth commissioner alternate shall
be appointed to serve when needed and shall attend
all meetings of the commission to be fully informed
of the activities thereof, but shall be nonvoting
observers.
8. Commissioners shall serve at the pleasure of the
parties who elected or appointed them.
9. Three commissioners shall constitute a quorum
provided that one resident commissioner and one
owner commissioner are present. Three affirmative
votes are required for a ruling or a decision.
Sec. 9.50.065 Notice of Rent Increase.
In any situation where a mobilehome park owner wishes
to increase the space rent above the applicable CPI, he
or she must first give notice as follows:
1. If the residents within the affected mobilehome
park have established a 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.
2. A copy of the rent increase notice must be given to
the Community Development Department of the City of
Chula Vista.
-2-
3. The rent increase notice must contain the space
numbers of all residents who are subject to the
increase which is above the amount of the
applicable CPI.
SECTION II: This ordinance shall take effect and be in
full force on the thirtieth day from and after its adoption.
Presented and Approved as to form by
ThomasJ~.Haro~n, Ci~tyAttorney
5159a
-3~
FIRST READ AT A REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA· CALIFORNIA· HELD January 24 · 19 89 AND
FINALLY PASSED AND ADOPTED AT A REGULAR MEETING THEREOF HELD February 7, ·
19. 89 , by the following vote, to-wit:
AYES: Councilmen: McCandliss, Nader, Moore
NAYES: Councilmen: None
ABSTAIN: Councilmen: None
ABSENT: Councilmen: Cox, Malcolm
· AYOI~ ~
/~/~ B:r.(j,~h I Li,iFLBE
y Clerkt
JTATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Visto, Californio,
DO HEREBY CERTIFY thot the obove and foregoing is 0 full, true ond correct copy of
ORDINANCE N0. 2291 ,and thor the some hoe not been omentied or repeoled.
DATED
' City Clerk
CC-660 - HpT-0