HomeMy WebLinkAboutOrd 1993-2551 ORDINANCE NO. 2551
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING CHAPTER 9.50 OF THE MUNICIPAL CODE TO MAKE
VARIOUS CHANGES IN THE REGULATIONS REGARDING MOBILEHOME
PARKS
THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION I. Chapter 9.50 of the Municipal Code shall be amended in its
entirety to read as follows:
Chapter 9_50
MOBII.~HOME PARK SPAt~-RENT REVIEW
Sections:
9.50.005 Purpose.
9.50.010 Applicability.
9.50.015 Applicability of Chapter 9.50 to Recreational Vehid,~.
9.50.030 Definitions.
9.50.050 Owner Meetings and Poss~le Voluntary Negotiations.
9.50.065 Notice of Rent Increases Wilhout Change of Ownership.
9.50.067 Notice of Rent Increase Upon (]h~nge of Ownership.
9.50.070 Initiation of Space Rent Review.
9"50.073 Factors to Consider in FixlnE Space Rent.
9.50.075 Fixing of Space Rent.
9.50.076 Right to Mediate Mobilehome Resale Price.
9.50.078 Crimina] ACTS.
9.50.081 Civil Remedies.
9.50.083 Criminal Remedies.
9.50. 100 Severabillty.
9.50.005 Purpose.
The City intends by this Chapter to maintain a supply of affordable housing. The City Council finds that
there is an ample supply of apartmenu for rent and that the apartment market place does not need
regulation in order to keep the rents at an affordable level. The Council finds that the supply of mob~ehome
space available for rent is not adequate, and that as a result, the limited supply of such spaces is driving up
the space rents in a manner that would, in the absence of regulation result in the elimination of affordable
housing.
The City also intends by this Chapter to prevent existing tenants, who are rendered largely incapable
of moving their mobilehomes without suffering a substantial loss in their value, from being charged
excessive and unconscionable rents due to this lack of mobility. The Council finds that the limited supply
of mobilehome space available for rent in this City would, in the absence of regulation, allow for an
unconscionable enhancement of rents to existing mobilehome park residents.
Ordinance No. 2551
Page 2
The City also intends by this Chapter to prevent existing tenants, who are rendered largely incapable
of moving their mobilehomes without suffering a substantial loss in their value, from loss of the resale value
of their Mobilehomes due to the fact that an incoming Resident is being charged excessive rents.
The Council finds that the limited supply of mobilehome space available for rent in this City would, in
the absence of space rent regulation at the time of such sale or other vacancy, allow for an unconscionable
loss of resale value of Mobilehomes to existing mobilehome park residents.
{Ord. 2551, §1 (part), 1993).
9.50.010 Applicability.
This chapter shall apply to a mobilehome that requires a permit to be moved on a street or highway.
The procedures contained in this chapter are intended to provide a mechanism for the resolution of
disputed increases in rents by making it advantageous for mobilehomes owners and mobilehome park
owners to establish a better understanding for each other's positions which will result in agreement on the
amount of rent to be charged. A binding arbitration provision is provided for. The procedures of the
ordinance are established with the intent that they be accomplished in a timely fashion. The participating
parties shall commit to the goal of completing the arbitration process within sixty (60) days of the serving
of the notice of rent increase, and that the entire dispute resolution process be completed within one
hundred-twenty (120} days following receipt of the notice of space rent increase.
This chapter shall not apply to leases exempted by Civil Code Section 798.17.
This Chapter shall not apply to a Mobilehome Park ff 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, §1 (part), 1993; Ord. 2451 §3, 1991; Ord. 2306 §1 (pan), 1989; Ord. 2282 §2, 1988; Ord. 2163
§1, §2, 1986; Ord. 1997 §1 (pan), 1982).
9.50.015 Applicability of (~apter 9.50 to Recreational Vehicles.
Recreational vehicles as deemed in California Civil Code Section 799.24 are subject to the rights and
duties set forth in Chapter 9.50 and shall have the right to arbil~ation as set forth herein 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, §1 (pan), 1993; Ord. 2306 §1 (pan), 1989; Ord. 2282 §2, 1988; Ord. 2227 §1,
19873.
9.50.030 D~flnltions.
Words used in this chapter shall have the meaning described to them in this section:
k "Space rent' means the consideration, including any bonus, benefits, or gratuity demanded or received
in connection with the use and occupancy of the mobilehome space in a mobilehome park, or for the
Ordinance No. Z55Z
Page 3
lzansfer of the lease for parkspace, services, owner-provided utilities, and amenities, subletting and
security deposits, but exclusive of any amounts paid for the use of the mobilehome dwelling or of major
capital improvement or other allowable pass-throughs as defined in this ordinance.
B. "Mobilehome" means a mobilehome as deemed in the California Mobilehome Home Residency Law.
C. "Mobilehome park owner" or "Owner" means the owner, lessor, operator, manager of a mobilehome park
within the purview of this ordinance.
D. "Mobilehome resident" of "Resident" means any person entitled to occupy a mobilehome dwelling unit
by virtue of ownership thereof.
E. "Dispute" or "Controversy" means a disagreement or difference which is subject to the arbitration process.
F. "Consumer Price Index" or "CPI" shall mean the all urban consumers/all items component of the San
Diego Metropolitan Area U (broader base) consumer price index.
G. "Major Capital Improvement Pass-Through" means a separately identified monthly charge to residents
which represents the repayment of a cost for a major capital improvement with the following
characteristics:
1. Said improvement shall have a cost of more than $10,000.
2. Said improvement shall be exclusive of maintenance or replacement of existing facilities.
3. Said improvement shall have been approved in concept by more than fifty percent (50%) of the
mobilehome spaces within the mobilehome park after all spaces in the park have been informed of
the nature, general design, timing, and overall cost of said improvement, and the amount and
duration of the related pass-through.
H. Other Allowable Pass-Throughs" means separately billed utility service fees and charges excluded from
rent in accordance with the provisions of Civil Code Section 798.41; increases in rates of owner-provided
utilities and governmental assessments such as real property taxes, license fees, and assessments for
municipal services or improvements. Copies of bills, invoices, or other appropriate supporting
documentation shall be kept on file in the park owner's on-site business office, and made available for
review by affected residents upon reasonable request at any time during normal business hours.
I. "Mobilehome Park" or "Park" is an area of land where two or more mobilehome sites are rented, or held
out for rent, to accommodate mobilehomes used for human habitation.
(Ord. 2551 §1 (part), 1993; Ord. 24S1 §4, 1991; Ord. 2306 §l (part), 1989; Ord. 2163 §4, 1986; Ord. 1997
§1 (part), 1982).
9.50.050 Owner MertinEs and Poss~le Voluntary Negotiations.
Within five (S) days, but not more than 10 days, a~er service of a notice of increase, as provided in
Section 9.50.065, the park owner must hold an informal meeting for the benefit of the affected residents to
discuss his or her 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 residents.
Ordinance No. 2551
Page 4
The residents shall have the option to choose whether or not to attend the meeting. Attendance at the
meeting shall not affect the residents' fight to arbitrate under Section 9.50,070.
(Ord. 2551 §1 {pan), 1993; Ord. 2451 65, 1991; Ord. 2306 61 (pan), 1989; Ord. 2282 62, 1988; Ord. 2163
66, 1986; Ord. 1997 61 (part), 1982).
9.50.065 Notice of rent ina~se without change of ownership.
A. In any situation where a mobilehome park owner wishes to increase the space rent to an existing
Resident above the applicable CPI, he or she must first give notice to affected residents, at the same time
the sixty (60) day notice required by Civil Code Section 798.30 is given, as follows:
NOTICE - RENT INCREASE IN EXCESS OF CPI
IF YOU DO NOT TAKE ACTION TO ARBITRATE WITHIN THIRTY DAYS, THIS INCREASE SHALL BE
AUTOMATICALLY EFFECTIVE
This is a notice of space rent increase which exceeds the percentage increase of the Consumer Price
Index (CPl) for the most recent twelve (12) month period, as reported by the Bureau of Labor Statistics,
preceding this notice. The CPI is __% and this increase is __% of your current rent. Under the City's
Municipal Code, you are entitled to the following fights:
1. I am required to hold a meeting with the residents to discuss the reasons for the increase. The
meeting will be at (time and place). You are encouraged to attend but are not required to do so.
Under the City's ordinance, owners and residents are encouraged to attempt to resolve differences
regarding this increase.
2. You have the right to file for arbitration with the Cinfs Community Development Department. You
may file for arbitration whether or not you attend the meeting to discuss the increase. To file for
arbitration, you must place a deposit of $ with the City's Community Development Department
within thirty (30) days of the date this notice is served on you. If you do not place the deposit, you
forfeit your right to arbitrate the rent increase.
If you or other affected residents are lower-income (below 50% of County median income), you may
be eligible to receive assistance with pan of the cost of arbitration from the City's Community
Development Department. If you have questions regarding arbitration or need more information,
you can call the City at 691-5047.
This increase is in addition to the following allowable pass-throughs: [identify type and; amount
of major capitol improvement or other allowable pass-through]
The following space numbers are subject to this increase: [insert numbers of affected spaces].
B. 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.
C. AcopyoftherentincreasenoticemustbegiventotheC~mmunityDeve~opmentDepartmentoftheCity
of Chula Vista at the same time as issuance of the notice to residents.
Ordinance No. 2551
Page 5
D. The rent increase notice must contain the space nittubers of all residents who are subject to the increase
which is above the amount of the applicable CPI.
E. The notice shall advise recipients that a deposit of 25% of the cost of arbitration shall be made within
thirty (30) days of the date of service of notice or the right to arbitration is waived. The deposit shall
be made with the Director of Community Development.
(Ord. 2551 §1 (part), 1993; Ord. 2451 §6, 1991; Ord. 2306 §1 (part), 1989).
9.50.067 Notice of rent increase upon rhange of ownership.
The review process shall also be applicable to the situation where space rent is increased above the
applicable CPI upon change of ownership of the mobilehome or removal of the unit. Either the incoming
or outgoing owner-occupant shall have the right to arbitrate, as provided in this section:
A. Outgoing Mobilehome Residenes Right to Arbitrate. If an outgoing Mobilehome Resident intends to sell
his or her mobilehome, the Owner shall provide to the outgoing Resident within 15 days of the receipt
of a written notice of intent to sell, a written statement as to the rental rate to be offered to the
incoming Mobilehome Resident, as set forth below in subsection (c). If the rate of increase in rent to
the new owner-occupant is above the amount of the appllcable CPI as provided in Section 9.50.070 (A),
then the current resident shall have the right to arbitrate the increase under the provisions of Secrion
9.50.070. The right is subject to the outgoing resident placing a deposit pursuant to Section 9.50.070
(B) below, within 30 days of service of the owner's written statement, as shown in subsection (c) below,
to the outgoing resident.
B. Incoming Mobilehome Residenes Right to Arbitrate. The Owner shall also provide within 15 days of
the notice of sale of a unit, a written statement to the incoming Mobilehome Resident as to (1) the
rental rate to be offered to the incoming Mobilehome Resident, as set forth below in subsection C,
below, and (2) notice as to whether the outgoing Mobilehome Resident completed arbitration in good
faith as to the increase. At such time as an incoming Mobilehome Resident receives such notice,
properly and ttuely prepared, then if the outgoing Resident did not, in good faith, exercise or pursue
to completion their right to arbitrate stated above in subsection A, the incoming Mobilehome Resident
shall have the right to arbitrate the increase under the provisions of Section 9.50.070. The right is
subject to the incoming Mobilehome Resident placing a deposit pursuant to Section 9.50.070 B, within
30 days of the date on which the incoming Mobilehome Resident receives the park owner's statement
regarding the proposed rental amount as set forth in subsection C, below.
C. The park owner's statement shall contain the following:
NOTICE - RENT INCREASE IN EXCESS OF CPI
IF YOU DO NOT TAKE ACTION TO ARBITRATE IN A TIMELY MANNER, THIS INCREASE SHALL
BE AUTOMATICALLY EFFECTIVE LIPON THE SALE OF YOUR MOBILEHOME
This is a statement of space rent increase which exceeds the percentage increase of the Consumer Price
Index (CPI) for the twelve (12) month period, as reported by the Bureau of Labor Statistics, preceding
this statement. The CPl is % and this increase is % of your current rent. This increase is in
addition to the following allowable pass-throughs: [identify type and mount of major capitol
improvement or other allowable pass-through].
Ordinance No. 2551
Page 6
Under the City's Municipal Code, the outgoing Resident has the Fn'st fight to arbitrate the rental
increase, and in the event he or she fails to pursue arbitration to completion, the incoming Resident is
entitled to file for arbitration with the City's Community Development Department. In order to arbitrate,
you must place an arbitration deposit of $ with the CiPfs Community Development Depa~hnent
within thirty (30) days of the date this notice is served on you. If you do not place the deposit, you
forfeit your fight to arbitrate the rent increase.
If you are low income (below 50% of County median income), you may be eligible to receive assistance
for part of the cost of arbitration from the City's Community Development Deparunent. If you have
questions regarding arbitration or need more information, you can call the City at 691-5047.
(Ord. 2551 §1 (par~), 1993).
9.50.1370 Initiation of Space Rent Review.
A. In any situation where the space rent increases in a twelve (123 month period exceed cumulatively the
percentage increase of the consumer price index, as reported by the Bureau of Labor Statistics for the
most recent twelve (12) month period preceding the rent increase notice, the following procedures shall
apply unless the owner receives written consent to the increase from the affected Resident(s). The
owner must ~e the original of the written consent with the Community Development Department and
notify the Resident that this has been filed.
B. The Resident shall be required within thirty (30) days of the date of service of the notice of increase to
deposit with the City Community Development Department 25 % of the estimated arbitration cost for one
day of arbitration. Arbitration shall begin in not less than 20 days nor more than 30 days after the date
of service of the notice of increase, provided the Residenfs deposit has been made.
C. Upon receipt of the Residenes deposit and notification to the park owner, the park owner shall have 7
days to provide a deposit which shall be equal to 75% of the estimated cost for one day of arbitration.
The park owner shall sign an appropriate document submitting the dispute to arbitration when making
the deposit.
D. The cost of arbitration including costs incurred by the American Arbitration Association in cases where
a settlement is reached prior to any hearing will be shared.
The owner shall be responsible for 75% and the Resident responsible for 25% of the first $750. Any
costs of arbitration above $750 shall be shared equally by both parties. Additional costs above the
amount of deposit shall be due and payable subject to the requirements of the American Arbitration
Association.
E. The arbitration shall be conducted according to the applicable rules of arbitration of the American
Arbitration Association and under the auspices of the American Arbitration Association.
F. The decision of the arbitrator shall be advisory to the Mobilehome Rent Commission. Both parties may
waive arbitration throught the American Arbitration Association, and have their case heard directly by
tghe Commission in the first instance. The arbitrator's decision should be submitted to the Mobilehome
Rent Commission within thirty (30) days from the beginning of arbitration.
G. The arbitrator's decision shall be submitted to the City's Mobilehome Rent Commission, which shall
affirm, modify, or revoke the arbitrator's decision at a public hearing held within sixty (60) days
following such submission, which decision shall thereupon be final. The parties may stipulate to merely
Ordinance No. 2551
Page 7
a review of the record at arbitration, or either side may request a 'denovo" hearing by the Commission.
If a de novo hearing is requested, it shall be conducted in accordance with procedures adopted by the
Commission which satisfy the requirements of "due process" and will constitute a hearing at which
evidence is required by law, so that the Commission's decision is reviewable by the courts by a writ of
administrative mandamus pursuant to Code of Civil Procedure Section 1094.5.
H. In the event that the owner reduces the rent increase to the applicable CPI, or more than 50% of the
affected residents agree in writing to settle the dispute, the arbitration process automatically terminates.
(Ord. 2551 §1 (part), 1993; Ord. 2451 §7, 1991; Ord. 2227 §2, 1987).
9.50.0'/3 Factors to Consider in Fixing Space RenL
If a proposed rental increase is submitted to either the American Arbitration Association or the
Commission ("Rent Reviewing Authority") pursuant to the provisions of this Chapter, the Rent Reviewing
Authority shal] determine the rent that is fair, just and reasonable, and, in doing so, may consider the
following factors:
1. The need for the proposed rental increase of the space 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 al] existing
or expected expenses in owning and operating the Park, on the Owner's investment in the Park. A fair
and reasonable return may be determined by the Rent Reviewing Authority by reference to industry
standards, risk of investment, or other acceptable standards.
A. In considering the existing or expected expenses in owning and operating the Park, the Rent
Reviewing Authority may considering the following items of expense, the reasonableness of such
items, and changes to them:
(1) Property or other taxes.
(2) Mortgage or ground rent payments.
(3) Utility costs.
(4) Capital improvements or rehabilitation work.
(5) Repairs required.
{6) Other operating and maintenance costs
2. The extent to which the proposed rental increase will cause a reduction in the resale value of the
Mobilehome.
3. Changes in the Consumer Price Index for All Urban consumers in the San Diego Metropolitan Area
published by the Bureau of Labor Statistics.
4. Rents lawfully charged for comparable mobilehome spaces in surrounding market.
5. The timing and amount of rents and rent increases for this and other Spaces at the Mobilehome Park.
6. The quantity and quality of the improvements and features at the Mobilehome Park.
7. The quantity and quality of services offered to Park Residents.
(Ord. 2551 §1 {part), 1993).
Ordinance No. 2551
Page 8
9.50.075 F'ning of Space Rent.
The rent on any particular mobilehome Space shall be fixed as follows:
A. In the event that the tenant and an Owner reach agreement, with or without the benefit of mediation
or arbitration, the rent for the pad shall be fixed at the agreed upon rent at such time as the agreement
is reached unless the agreement otherwise provides for a different effective date.
B. In the event that the tenant and an Owner do not reach agreement, and the rent has been established
by the Commission according to the procedures herein established, the rent for the pad shall be fixed
at the rental rate so established by the Commission as of the date of the Commission's decision, unless
the Commission shall fix a different date. However, except where the rent has been waived, or where
Overcharge Damages or Treble Damages are assessed by the Commission, 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 CPI.
C. Unilateral Refusal to Pursue Arbitration. In the event that the tenant or Owner fail or refuse in good
faith to follow the procedure herein fLxed for the establishment of rent, which may include but not be
limited to refusal to deposit funds as required, refusal to attend noticed hearings, then the rent for the
pad shall be fixed as follows:
1. If the tenant 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 rental rate contained in the Notice of Rent
Increase in Excess of CPI.
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 original rental rate not increased by either the
CPI or the amount contained in the Notice of Rent Increase in Excess of CPI.
D. Waiver of Fixed Rent. Notwithstanding the aforementioned manner in which the rent shall be fixed,
a refusal or failure, accompanied with the 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.
E. Waiver of Rent for Failure to Institute Legal Action. Notwithstanding the aforementioned manner in
which the rent shall be fixed, a failure to institute legal action within 90 days after a rental payment
is due shall constitute a waiver by the Owner of the right to collect said rent, in its entirety, for the
rental period sooner than 90 days prior to institution of action.
(Ord. 2551 §1 (part), 1993).
9.S0.076 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 an outgoing Resident 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 space rent is regulated by the provisions of this Chapter. However, the Council finds
that the extent and prevalence of overcharging for Mobilehomes is not so 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, to require Mobilehome resale price regulation by the City. The Council feels that this is due,
Ordinance No. 2551
Page 9
in part, to permiting CPI increases in rents without review. However, on a case-by-case basis, there may
be isolated occurances of overcharging for Mobilehomes due to space rent regulation, and in such event,
any abuses can be adequately addressed by the mediation offered by this section. The Council further
finds that if, after time, it appears that the mediation process offered by this Section is inadequate to
address the problem, it may reconsider more stringent control over Mobilehome overcharging.
B. If, prior to executing a Mobilehome purchase agreement, the incoming Resident contends that the price
at which the Mobilehome is offered by the outgoing Resident is higher because of space rent regulation
than the price of the Mobilehome without space rent regulation, the incoming Resident has the right,
upon tender to the seller of an offer to purchase the Mobilehome at a price acceptable to the incoming
Resident, to submit the price dispute to the Mobilehome Rent Review Commission for mediation.
C. Upon submittal of the price dispute to the Mobilehome Rent Review Commission by the incoming
Resident, the Commission shall convene as soon as possible 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 resident 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. If the parties fail
to mediate, or fail to agree in mediation, the offer to purchase shall be deemed revoked.
D. 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 space
rents in the park were not regulated by this Chapter.
(Ord. 2551 §1 (par~), 1993).
9.50,078 Crlmlna] Acts.
The following acts 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 (C) of Section 9.50.075.
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 mount fixed by this Chapter.
(Ord. 2551 §1 (part), 1993).
9.50.081 Civil Remedies.
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 or received, for
reasonable attorney's fees and costs as determined by the court, plus damages ("Overcharge Damages")
in the amount by which the payment or payments demanded, accepted, received or retained exceeds the
maximum lawful rent. A civil penalty of treble (three times) the mount of the Overcharge Damages
("Treble Damages") shall be awarded against the landlord upon a showing that the landlord has acted
willfully or with oppression, fraud or malice. No administrative remedy need be exhausted prior to f~ing
suit pursuant to this subsection.
Ordinance No. 2551
Page 10
B. Adminislyative Action. In the event that either a Resident or Owner has a dispute as to whether a rental
payment is due or has been waived, or a dispute exists as to the amount of the rental payment due as
in the case of a dispute over the proper of CPI, or as the the amount of the Overcharge Damages or
Treble Dalnages, the Mobilehome Rent Review Commission is hereby empowered to hear and resolve
all such disputes, and, as appropriate, reduce or waive future rental payments due the Owner by the
proper amount of Overcharge Damages or Treble Damages the Commission determines are due.
COrd. 2551 §1 (part), 1993).
9.50.083 Criminal Remedies.
A. Any person comitting 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 imprisonment in the county jail for a period of six (6) months in jail or by both
such fine or imprisonment.
COrd. 2551 §1 (part), 1993).
9.50.100 Severability,
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.
COrd. 2551 §1 (part), 1993; Ord. 2163 §11, 1986; Ord. 1997 §1 (part), 1982).'
SECTION II. Effective Da . This ordinance shall take effect and be in full
f~rce on th irtieth day from and after its adoption.
Pre d by an ~l as
ard
City Attorney
Ordinance No. 2551
Page 11
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista,
California, this 4th day of May, lgg3, by the following vote:
AYES: Councilmembers: Fox, Horton, Moore, Rindone, Nader
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
Tim Nader~ ')ay~F
ATTEST:
Vicki C. Soderquist~-~eputy City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Vicki C. Soderquist, Deputy City Clerk of the City of Chula Vista, California,
do hereby certify that the foregoing Ordinance No. 2551 had its first reading on
April 20, lgg3, and its second reading and adoption at a regular meeting of said
City Council held on the 4th day of May, 1993.
Executed this 4th day of May, lg93.
Vicki C[ Soderquis~,~._iputy City Clerk