HomeMy WebLinkAboutOrd 2011-3195ORDINANCE NO. 3195
ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHULA VISTA MUNICIPAL CODE
CHAPTER 9.50 (THE CITY'S MOBILEHOME SPACE -
RENT REVIEW ORDINANCE) TO: (1) UPDATE VARIOUS
ADMINISTRATIVE ITEMS; (2) ADD SECTION 9.50.030
(ADMINISTRATIVE FEE); AND, (3) AMEND SECTION
9.50.077 (VACANCIES AND RENTS UPON CHANGE OF
OWNERSHIP)
WHEREAS, California State Mobilehome Residency Law allows local jurisdictions to
establish rent control; and
WHEREAS, in 1982, the City adopted Chula Vista Municipal Code Chapter 9.50,
"Mobilehome Park Space -Rent Review," as allowed by Mobilehome Residency Law, and
amended the Chapter to its current form in 2002; and
WHEREAS, the Mobilehome Rent Review Commission (MHRRC) of the City of Chula
Vista has intimate knowledge of Chula Vista Municipal Code Chapter 9.50 (CVMC 9.50) and is
charged to provide advice to the City Council and City Manager on matters relating to
mobilehome parks as identified under CVMC 2.31.030 (Functions and Duties); and
WHEREAS, the MHRRC has provided referrals at the October 2010 and January 2011
MHRRC meetings to staff regarding various administrative issues with the current version of
CVMC 9.50 and the desire to further discuss potential amendments to the ordinance pertaining to
change of ownership cases; and
WHEREAS, mobilehome residents are a distinct segment of the City's population and
they, by the application of Chapter 9.50, receive unique services and benefits, including, but not
limited to, a rent calculation (via the annual permissive and increase above annual permissive)
which results in reduced rents and related ombudsman services; and
WHEREAS, current funding sources for the administration of CVMC 9.50 faces
imminent cuts and, without a permanent funding source for such administration, the ordinance
would face possible elimination; and
WHEREAS, the City desires to establish an administrative fee to provide the
mobilehome residents unique services and benefits available to them only under Chapter 9.50,
including, but not limited to, a rent calculation (via the annual permissive and exceeding the
annual permissive) which results in reduced rents and related ombudsman services; and
WHEREAS, the City also desires to provide temporary decontrol upon change of
ownership, removing the right to petition upon sale, in order to relieve the administrative burden
of change of ownership cases, allow market influences to drive incoming resident initial space
rent, and keep the original intent of the ordinance to provide existing/incumbent residents with
protection from excessive increases; and
Ordinance No. 3195
Page 2
WHEREAS, on May 31, 2011, the MHRRC held a special meeting and recommended
that City Council adopt staff s recommendation.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
SECTION 1: ACTION
Chapter 9.50 of the Chula Vista Municipal Code is amended as follows:
Chapter 9.50
MOBILEHOME PARK SPACE-RENT REVIEW*
Sections:
9.50.001 Findings.
9.50.005 Purpose.
9.50.010 Definitions.
9.50.012 General applicability and exemptions.
9.50.015 Applicability to recreational vehicles.
9.50.020 Legal requirements and procedures created.
9.50.030 Administrative Fee.
9.50.050 Annual permissive rent increases and notices of CPI.
9.50.063 Rent increases above the annual permissive rent increase.
9.50.064 Owner meetings and possible voluntary negotiations.
9.50.066 Request for hearing form.
9.50.070 Initiation of space rent review.
9.50.073 Factors to consider in fixing space rent through the hearing process.
9.50.075 Fixing of space rent in excess of the permissive rent increase.
9.50.076 New and prospective mobilehome residents -Transfers of mobilehomes.
9.50.077 Vacancies and rents upon change of mobilehome ownership.
9.50.078 Right to mediate mobilehome resale price.
9.50.079 Findings regarding serious code violations.
9.50.080 Notice of serious code violations.
9.50.081 Proposed space rent increases at a time when there exist serious code violations at
park.
9.50.082 Denial or partial reduction of rent increases based upon serious code violations.
9.50.085 Compliance with Law and City Posting and Disclosure Requirements.
9.50.087 Implementation guidelines.
9.50.090 Mobilehome resident's right of refusal.
9.50.092 Retaliatory eviction.
9.50.100 Civil and administrative remedies.
9.50.102 Criminal remedies.
9.50.115 Severability.
Appendix One
Appendix Two
*Prior legislation: Ords. 1997, 2163, 2227, 2282, 2306, 2451, 2551, 2566, 2737 and 2862.
Ordinance No. 3195
Page 3
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 pazk 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 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 more
affordable housing choice.
E. The city council further finds that there exists serious health and safety issues in
some mobilehome parks within this city that 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 pazks where there exists such serious violations would, in the absence of
regulation, allow for an unconscionable benefit to the pazk owner to the detriment of the health,
safety, and welfare of mobilehome residents. As more fully set forth in CVMC 9.50.079, 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 pazks 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.
Ordinance No. 3195
Page 4
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 percent Consumer Price Index (CPI) annual rent increase in order for
mobilehome pazk 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 0.75 times the CPI and/or provide a maximum allowable 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. (Ord. 2862 § 1, 2002).
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 aze 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 more affordable housing
choice; and
3. To encourage compliance with code requirements, to protect the public health, safety,
and welfaze of mobilehome pazk residents, and to provide for a fair return on the pazk
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 aze established with the intent that
they be accomplished in a timely fashion. The participating parties shall commit to the
goal that the entire dispute resolution process be completed within one hundred twenty
(120) days following receipt of a disputed notice of rent increase. (Ord. 2862 § 1, 2002).
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.
Ordinance No. 3195
Page 5
s. "Manufactured home," is a unit built post June 15, 1976 that meets U.S. Department of
Housing and Urban Development (HUD) specifications, the term "manufactured home"
for the purpose of this chapter only, shall be synonymous with the term "mobilehome."
C. "Mobilehome space" means a portion of a mobilehome park designated or used for the
occupancy of one mobilehome.
D. "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.
E. "Mobilehome park owner" or "owner" means and includes the owner, lessor, operator, or
manager of a mobilehome park.
F. "Mobilehome owner" means a person who owns a mobilehome which is legally located
in a mobilehome space within a mobilehome pazk in the city of Chula Vista.
G. "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.
H. "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 sepazately 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.
I. "Dispute" or "controversy" means a disagreement or difference which is subject to the
resolution process described in this chapter.
1. "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.
K. "Mobilehome rent review commission" means the advisory body established by Chapter
2.31 CVMC to provide an independent review of rent increase disputes in mobilehome
parks. (Ord. 2862 §l, 2002).
Ordinance No. 3195
Page 6
9.50.012 General applicability and exemptions.
This chapter shall apply to all mobilehome parks, mobilehome pazk owners, mobilehome residents
and mobilehomes in mobilehome pazks 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 yeaz 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
regazding rent and rent increases.
This chapter shall not apply to a mobilehome pazk if the rents that may be charged for spaces
thereat aze 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. 2862 §1, 2002).
9.50.015 Applicability to recreational vehicles.
This chapter applies to owners/occupants of recreational vehicles as deSned 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. 2862 §1, 2002).
9.50.020 Legal requirements and procedures created.
This chapter creates legal requirements and procedures that must be followed when rent is
increased in mobilehome 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 CVMC 9.50.0100 and 9.50.102. 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. (Ord. 2862 § 1, 2002).
9.50.030 Administrative fee.
The city council finds that this chapter provides unique benefits and services to a limited
segment of the public, specifically mobilehome residents. Such benefits and services include,
but are not limited to, a calculation of rents under this chapter (annual permissive and increase
above annual permissive) that results in reduced rents and attendant ombudsman activities. An
administrative fee shall be required of mobilehome residents to receive the benefits and services
provided by this chapter. The aforementioned administrative fee shall be established as follows:
Ordinance No. 3195
Page 7
A. The city shall report to the city council each fiscal yeaz with a recommendation regazding
the amount necessary to recover the costs of administering this chapter, and the proportion
of said fee levied on the mobilehome residents based on the relative services provided.
B. The administrative fee shall be established annually and adopted by Council in the City of
Chula Vista Master Fee Schedule. The fee and manner in which to collect it shall be
determined by the standards set forth in the city council approved fee resolution.
C. This fee shall not be included in the rent base when calculating ministerial rent increases.
D. This chapter shall apply to each mobilehome rental space within parks, except such spaces
that are exempt from such fee because of a space rental agreement that meets the
requirements of Section 798. ] 7 of the California Civil Code. Such exemptions shall be
verified as identified in the city council approved fee resolution.
E. The provisions of this chapter shall not apply and no petition will be accepted from a
resident opposing a rent increase above the annual permissive and no hearing or other
proceeding shall be scheduled or take place for a mobilehome space rent in which there is
an unpaid administrative fee. The city shall establish a grace period for unpaid fees to be
made current.
F. This section shall be operative July 1, 2012.
9.50.050 Annual permissive rent increases and notices of CPI.
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 or less, and 75 percent of that change in the CPI above three percent 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 City. 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 city shall mail to each pazk owner or their agent the applicable CPI to be used for the rent
increases as soon as the city receives the CPI from the Bureau of Labor Statistics. The CPI is
published twice each year by the Bureau of Labor Statistics. Pazk owners shall use the CPI
furnished to them by the city as controlling the maximum potential rent increase without a
need for a hearing, and may not deviate from the CPI until the pazk owner receives written
notification from the city that the CPI has changed. The park owner shall post, in a
prominent place, the notification from the city so that all residents are awaze of the applicable
CPI.
Ordinance No. 3195
Page 8
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 10 calendar days of the written notice, the pazk owner shall meet with the resident
to discuss this dispute. This meeting shall be held at a mutually convenient fime 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 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 14
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 chazged for the
affected space for the last three years, and provide the park owner with a copy of the
complaint. Within 14 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 City of
Chula Vista, Attn: Mobilehomes, 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 statements. Failure to provide the city with the requested space rent
information or knowingly submitting incorrect information shall be considered a violation
of this Chapter. (Ord. 2862 §1, 2002).
9.50.063 Rent increase above the annual permissive rent increase.
A. In any situation where a mobilehome park owner wishes to increase the rent above the annual
permissive rent increase as set forth in CVMC 9.50.050, he or she must first give notice to
affected residents, at the same time the 90-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.
Ordinance No. 3195
Page 9
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 the City of Chula Vista at
the address identified herein.
City of Chula Vista
Attn: Mobilehomes
276 Fourth Avenue
Chula Vista, CA 91910
D. The rent increase notice must contain the space numbers of all residents who aze subject to a
increase which is above the annual permissive rent increase set forth in Section 9.50.050.
(Ord. 2862 §1, 2002).
9.50.064 Informal meeting requirements.
Within 10 days after service of a notice of increase, as provided in CVMC 9.50.063, the pazk
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 pazk 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 50 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 CVMC 9.50.075.
Should the affected resident(s) and the pazk 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 CVMC 9.50.066 and 9.50.070. (Ord. 2862 §1, 2002).
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 within 30 days of the delivery of "Notice of Rent Increase in Excess of the Annual
Permissive Rent Increase" from the pazk owner or their agent.
Ordinance No. 3195
Page 10
The request for hearing shall be in substantively the form prescribed in Appendix One of this
chapter. (Ord. 2862 §1, 2002).
9.50.070 Initiation of Space Rent Review.
If a rent dispute cannot be resolved at a meeting with a pazk owner, a resident may initiate a rent
review by the mobilehome rent review commission by filing a request for hearing with the city, in
the form prescribed in CVMC 9.50.066.
Upon the filing of a request for hearing in accordance with this chapter, the city 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 pazk owner and the resident(s) filing such
request for hearing of the time and place set for the heazing. The hearing will be noticed and held
in a manner that provides due process to all affected parties. Should such heazing affect more than
50 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.
2862 §1, 2002).
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 city 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 heazing. 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 pazk 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 standazds, risk of
investment, or other acceptable standards.
In considering the existing or expected expenses in owning and operating the pazk 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 investment in pazk improvements.
b. Property or other taxes.
c. Mortgage or ground rent payments.
Ordinance No. 3195
Page 11
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. Avoidable 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 pazk 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 pazk.
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 pazk and any similaz
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 return
analysis expert. The City, as well as the pazk owner, shall have the right to hire their own
expert.
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 "compazables" 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 MAI appraiser. The City, as well as the park owner, shall have
the right to hire their own independent MAI appraiser.
F. The timing and amount of rents and increases for this and other spaces at the mobilehome
pazk.
G. The quantity and quality of the improvements and features at the mobilehome pazk and any
decrease or increase in such improvements and features.
Ordinance No. 3195
Page 12
H. The quantity and quality of services offered to park residents and any decrease or increase in
such improvements and features. (Ord. 2862 §1, 2002).
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 calendaz 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 90 days afrer the resident's
original receipt of the notice of rent increase. The commission shall have the right to fix a
different date, if the commission deems the pazk owner non-responsive to the hearing
requests.
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 Heazing 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 heazings or failure to provide a copy of all rent increase notices to residents, then the
commission shall fix the rent as follows:
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.
Ordinance No. 3195
Page 13
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.
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. 2862 § 1, 2002).
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 pazk, the park owner or their agent shall provide the new or prospective
mobilehome resident with a copy of the disclosure as specified in CVMC 9.50.085, a copy
of any notice of rent increase, and a copy of this chapter as currently in force.
B. 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. (Ord. 2862 §l, 2002).
9.50.077 Vacancies and rents upon change of mobilehome ownership.
Notwithstanding any other provision of this chapter, the mobilehome pazk 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 regazd to the provisions of this chapter.
B. If a mobilehome changes ownership but remains on the same space within the
mobilehome pazk, a park owner may adjust the space rent without regard to the provisions of this
chapter.. Once a resident is in place, the provisions of this chapter are again applicable. However,
no rent increase may be charged upon change of ownership by reason of interspousal transfers or
for persons on a lease agreement.
C. This increase is in addition to the annual permissive rent increase as set forth in CVMC
9.50.050 and is not subject to the once-a-yeaz limitation of CVMC 9.50.050(A).
Ordinance No. 3195
Page 14
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 pazk, 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
pazk 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 mobilehome
owner and the pazk 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.
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 pazk owner or their agent of the pending sale of the
mobilehome and an address at which the new mobilehome owner may be contacted. The pazk
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 pazk owner shall also provide the new mobilehome owner with any other document required
by California Civil Code section 798.75(a).
1. (Ord. 2862 §1, 2002).
9.50.078 Right to mediate mobilehome resale price.
A. In line with the purpose of this chapter to maintain a supply of more affordable housing
choices in the mobilehome mazket, 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 more affordable housing choices 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 par[, to the annual permissive rent increases provided in this
chapter. The city council further finds that if, after time, it appeazs that the mediation
process offered by this section is inadequate to address any potential problem with
overchazging, it may reconsider more stringent control over mobilehome overchazging in the
future.
Ordinance No. 3195
Page 15
B. The pazk 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
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-
bindingmediation your must:
1. Extend an offer to purchase the mobilehome, but not execute an
agreement to purchase;
2. Sign and file with the city 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.
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. 2862 § 1, 2002).
Ordinance No. 3195
Page 16
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 pazks within the city. These health and safety issues are particularly acute in the
older trailer pazks in the city. In order to establish a minimal level of health and safety standazds
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 investment 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(1), the city council finds that any closure, cessation or
change in use of a mobilehome pazk occun•ing 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 pazk 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. (Ord.
2862 §1, 2002).
9.50.080 Notice of serious code violations.
In the event a pazk 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 CVMC 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 pazk 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 welfaze
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 aze not applicable to those rent increases upon a change in
ownership of a mobilehome to remain in the park. (Ord. 2862 § 1, 2002).
Ordinance No. 3195
Page 17
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 pazk owners
should be required to operate and maintain their pazks in substantial compliance with applicable
codes and particulazly in a manner which is not hazazdous to the health, safety, and welfaze of
the residents. Therefore, in order to encourage compliance with code requirements and to protect
the health, safety and welfaze of pazk 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 pazk which would be
hazazdous 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 shall schedule an inspection of the subject
mobilehome park consistent with Appendix Two within 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 pazk, which is registered with the city, and to the pazk owner.
The pazk 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 CVMC 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 heazing process on the proposed increase or the pazk 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 CVMC 9.50.082.
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 pazk 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 city in compliance with Title 25 of the California Code of Regulations.
(Ord. 2862 § 1, 2002).
Ordinance No. 3195
Page 18
9.50.082 Denial or partial reductjon 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 aze limited to those listed in Appendix Two.
Each yeaz, the city shall send a copy of Appendix Two to each pazk 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 regazding 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 pazk into compliance over a
period of time. If a pazk 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. (Ord. 2862 §1, 2002).
9.50.085 Compliance with law and posting and disclosure requirements.
A. 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.
B. 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 pazk, the seller
shall show the disclosure to all potential buyers;
2. The pazk 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.
Ordinance No. 3195
Page 19
MUNICIPAL 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 9.50.077, which
prohibits rental petitions upon change of ownership or space
vacancy.
Once in place, existing resident rights are defined in Section
9.50.063, which details the noticing requirements for increases in
space rent. If the cumulative annual increase is greater than the
applicable 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%), then the current mobilehome owner has the right to
request a heazing from the Chula Vista Mobilehome Rent Review
Commission for enforcement of Chapter 9.50. For the purposes of
this 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, the address of which is listed below.
A copy of the Mobilehome Rent Review Ordinance is available at
the City of Chula Vista, Attn: Mobilehomes, 276 Fourth Avenue,
Chula Vista, CA 91910 or one can be obtained from pazk
management.
Acknowledgment:
Date:
Name
(Ord. 2862 §1, 2002).
Ordinance No. 3195
Page 20
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.
(Ord. 2862 §1, 2002).
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. (Ord. 2862 §1, 2002).
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. (Ord. 2862 §1, 2002).
9.50.100 Civil and administrative 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 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. 2862 §1, 2002).
9.50.102 Criminal Remedies.
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 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:
Ordinance No. 3195
Page 2l
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 CVMC
9.50.075(E), 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. 2862 §1, 2002).
9.50.115 5everability.
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 2862 § 1, 2002).
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 ET 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:
Ordinance No. 3195
Page 22
Informal Meetine. 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 aze encouraged to attempt to resolve differences and reach a voluntary
agreement regarding this increase.
2. Right to a Hearine. 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 attends the meeting to discuss
the increase. To file for such hearing you must deliver the request for Heazing form to the
City 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 City notification that you have elected to be
represented at such meeting by another party and stating the name of your representative.
3. Failure to Attend Informal Meetine. 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. In the event a
request for hearing is initiated, the action will include the rent increase issues with regazd to
all the affected residents.
4. 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 pazk 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
City 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 pazk and whether it or they do adversely affect the health,
safety, and general welfaze of residents to any homeowners association at the pazk, which is
registered with the City, 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 pazk 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 regazding the hearing process or serious code
violations, you can call the City at (619) 585-5722.
Pazk Owner/Manager Date
Ordinance No. 3195
Page 23
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 Mobilehome
Park. [Note: make certain you attach a copy of the notice of Rent Increase you received from the
pazk owner.]
The undersigned is a resident of the pazk 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. The undersigned has also paid the administrative fee
required under Section 9.50.030.
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 Mobilehome 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, Attn: Mobilehomes, 276
Fourth Avenue, Chula Vista CA 91910]
Ordinance No. 3195
Page 24
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 1104(a)]
B. Power sources and plumbing adequately supplied, supported, and protected.
[Sections 1170, 1182, and 1280]
C. No illegal dischazge of liquid or solid wastes (CVMC 19.66.150)
THE FOLOWING APPLY TO PARK GROUNDS -NOT INDIVIDUAL SPACES
PARK IN GENERAL -not individual spaces lots
PARK GROUNDS
A. Clearly identify park address at street [CVMC 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 pazk
constructed prior to 9-15-61. If pazking is allowed on one side of roadway,
minimum cleazance 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 standazds [Section
1636]
I. Water heater properly installed and vented [Uniform Plumbing Code Sections
508.0, 512.7, 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 identiSed and lighted [CFC 2501.15, 1211 and 1212]
7. Room capacity shall be posted [CFC 2501.16.1]
Ordinance No. 3195
Page 25
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 l 134.(b) & (c)]
N. Connections adequately protected if subject to potential damage by vehicles, etc.
[Sections 1228(a) and 1280]
O. All 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 aze found in Title 25 of the California Code of
Regulations.
The city of shall provide a copy of all referenced code sections to all pazk 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.
SECTION II: This ordinance shall take effect and be in full Force on the thirtieth day from and
after its adoption.
SECTION III: The City Clerk is directed to publish this ordinance in accordance with the City
Charter and applicable state law.
Presented by
Gary alb , P. ., AICP
Assistant ~ y Manager/Director of
Development Services
Approved as to form by
a. ~
~'~~ ~
len R. oogins
ey
Ordinance No. 3195
Page 26
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 19th day of July 2011, by the following vote:
AYES: Councilmembers: Aguilar, Bensoussan, Castaneda and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: Ramirez
C c~
Cheryl Cox, ayor
ATTEST:
~~~ 1~ ~~~~9~/~~-4
Donna R. Norris, CMC, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3195 had its first reading at a regular meeting held on the 12th day of July 2011
and its second reading and adoption at a regular meeting of said City Council held on the 19th
day of July 2011; and was duly published in summary form in accordance with the requirements
of state law and the City Charter.
~l~
Date
Donna R. Norris, CMC, Crty Clerk