Loading...
HomeMy WebLinkAboutOrd 1982-1975 ORDINANCE NO. 1975 AN URGENCY ORDINANCE OF THE CITY OF CHULA VISTA AMENDING ORDINANCE NO. 1972 DECLARING A MORATORIUM ON RENTAL INCREASES ON MOBILE HOME SPACES WITHIN THE CITY OF CHULA VISTA FOR A PERIOD FROM FEBRUARY 16, 1982 TO MAY 11, 1982 The City Council of the City of Chula Vista, California hereby finds and determines as follows: 1. That in accordance with the findings of Ordinance No. 1972, there is an urgent necessity to temporarily stablize rents and establish mobile home owners rights so that said owners are not arbitrarily forced to move. 2. That the City intends to utilize the presently established Ad Hoc Committee to report on the desirabilty and feasibility of measures designed to address this problem. NOW, THEREFORE, the City Council of the City of Chula Vista, California, does hereby ordain as follows: SECTION 1: That Section 2, subsections e and f of Ordinance No. 1972 be, and the same are hereby amended to read as follows: e. Mobile Home Spaces. All mobile home spaces in the City of Chula Vista designed for rental use or actually rented on the effective date of this ordinance together with the land and buildings appurtenant thereto and all services, privileges and facilities supplied in connection with the use and occupancy thereof, including parking facilities. The term shall not include mobile home spaces in any mobile home park in which, on the effective date of this ordinance, rents are regulated by long term leases. f. Mobile Home Owner. A mobile home owner, lessee, sub-lessee or any other person entitled to the use or occupancy of any rental unit. SECTION 2: That SECTION 3, Rental Increase Moratorium, subsection (3) and (4), be and the same are hereby amended to read as follows: ( 3 ) Exceptions: (a) For a mobile home space voluntarily vacated on or after the effective date of this ordinance, and prior to the end of the moratorium period, if the vacancy was voluntary, then the rent may be increased upon the re-renting of the mobile home space. A vacancy shall not be considered voluntary if it was the result of an eviction whether for just cause or otherwise or a landlord ' s refusal to renew a periodic tenancy or lease agreement or a landlord' s declaration by notice or otherwise of an intent to change the use of the land on which the mobile home park is situated or a tenant's refusal to enter into a new long term lease. So long as such unit continues to be rented to one or more of the same persons, such rent shall not exceed that in effect  on the date the mobile home space is re-rented nor shall ~ the level of park services provided on that re-rental date be reduced during the moratorium period. (b) If a simple majority of the mobile home owners, i.e., representing occupied mobile home spaces, accept the proposed rental increase, the rent increase and any other provisions will become effective at the termination of the required notification period. (c) If any park owner or operator has issued a notifica- tion of a rent increase prior to the effective date of this moratorium on February 16, 1982, said rent increase shall be allowed to take effect at the termination of the notification period. (4) For mobile home spaces vacated other than volun- tarily after the effective date of this ordinance, the rent for such mobile home spaces shall not thereafter exceed the rent in effect immediately prior to such involuntary vacation unless the unit is subsequently voluntarily vacated. The level of park services provided prior to such involuntary vacation shall not be reduced during the moratorium period. SECTION 3: That SECTION 4, Evictions, be, and the same is hereby amended to read as follows: SECTION 4: Evictions. No landlord shall bring any action to recover possession of a mobile home space subject to the provisions of this ordinance, unless: a. The mobile home owner has violated an obligation or covenant of her or his tenancy other than the obligation to surrender possession upon proper notice and has failed to cure such violation after having received written notice thereof from the landlord. b. The mobile home owner is committing or permitting to exist a nuisance in, or is causing substantial damage to, the rental unit, or is creating a substantial inter- ference with the comfort, safety or enjoyment of the landlord or other occupants of the same. c. The mobile home owner, who had a rental housing agreement which has terminated, has refused after written request or demand by the landlord, to execute a written extension or renewal thereof for a further term of like duration and in such terms as are not consistent with or violatire of any provisions of this ordinance and are materially the same as in the previous agreement. d. The mobile home owner has refused the landlord reasonable access to the mobile home space for the purpose of making necessary repairs or improvements required by the laws of the United States, the State of California or any subdivision thereof, or for the purpose of inspection as permitted or required by the rental housing agreement or by law or for the purpose of showing the mobile home space. e. The mobile home owner holding at the end of the term is a subtenant not approved by the landlord. SECTION 5: That SECTION 5, Refusal of the tenant to pay a rent increase, be, and the same is hereby amended to read as follows: SECTION 5: Refusal of the mobile home owner to pay a rent increase. A mobile home owner may refuse to pay any increase in rent which is in violation of this ordinance and such violation shall be a defense in any action brought to recover possession of a mobile home space or to collect the illegally charged rent increase. SECTION 6: This ordinance is hereby declared to be an emergency ordinance adopted as an urgency measure to protect the public health, safety and welfare and shall take effect immediately upon its adoption. The facts constituting the emergency are set forth above and represent a serious threat to the maintenance of the existing mobile home park rental housing supply within the City with respect to all economic segments of the community and especially to senior citizens, persons of low and moderate incomes and to those on fixed incomes and are contrary to the goals and objectives of the housing element of the General Plan of the City of Chula Vista. George D. Lindberg, City Attorney APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, AT FIRST READING THIS 23rd DAY OF Februar,y 19~ ....2 , by the following vote, to-wit: AYES: Councilmen Cox, Gil 1 ow, Campbel 1, Scott ~ NAYES: Councilmen None None ABSTAI N: Councilmen ABSENT: Councilmen McCandl iss Mayor o~E~t~ity of Chulo Vista STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, Colifornio, DO HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of ORDINANCE N0. ]975 ,and fhot the some has not been amended or repealed. DATED (seal) City Clerk CC-660