Carpinteria Municipal Code Ch. 5.69 Mobile Home Parks

Footnotes:

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Prior ordinance history: Ords. 287, 289, 295, 299, 300, 305, 309, 311, 332, 345 and 371.

The following definitions shall govern the construction of this chapter:

A. "Consumer price index (C.P.I.)" means the Los Angeles-Long Beach-Anaheim Metropolitan Area consumer price index for the urban wage earners and clerical workers as reported by the U.S. Bureau of Labor Statistics.

B. A "contested hearing" means a hearing which results from a petition for adjustment which is filed pursuant to Section 5.69.050 to which an opposition has been filed pursuant to Section 5.69.070.

C. "Debt service" means any and all charges or costs, including, but not limited to, the payment of interest or principal, associated with a promissory note or other obligation related to ownership or refinancing of the mobile home park.

D. An "effective rent schedule" or an "approved rent schedule" means a schedule that has been filed by the city manager pursuant to subsection B of Section 5.69.040 or approved by the rent stabilization board pursuant to subsections A or B of Section 5.69.050 and that approval has become final.

E. The "hearing officer" shall be appointed by the city council. The hearing officer shall be knowledgeable in the rules of evidence. The hearing officer shall be impartial and it shall be his duty to conduct an evidentiary hearing pursuant to the provisions of this chapter to obtain evidence from the parties that he deems necessary to make his recommendations, and to make recommendations for findings and determinations to the rent stabilization board.

F. The "July 1, 1979 rent" means the rent charged for each space as shown on the verified schedule of monthly rents previously filed with the rent stabilization board pursuant to this chapter.

G. "Management" means the owner of a mobile home park or an agent or representative authorized to act on his behalf in connection with matters relating to a tenancy in a park.

H. "Mobile home" means a structure designed for human habitation and for being moved on a street or highway, whether commonly referred to as a "mobile home" or as a "trailer."

I. "Mobile home park" means an area of land where two or more mobile home sites are rented, or held out for rent, to accommodate mobile homes used for human habitation.

J. "Park" means a mobile home park.

K. "Ratio of change in the Consumer Price Index," as used in the ordinance codified in this chapter for a fiscal year (July 1st to June 30th) shall equal the consumer price index issued in the immediately preceding May divided by the consumer price index as of July 1, 1979 (which was 216.8), less one, or:

C.P.I. for the immediately preceding May -1 216.8

L. "Rent" means any consideration demanded or received in connection with the use or occupancy of any mobile home site or transfer of a lease therefor, including, but not limited to, amounts demanded or paid for parking, pets, furniture, subleasing or deposits. Reimbursement for new special taxes and/or assessments levied by a properly constituted governmental authority on management on or after July 1, 1982, are not included or considered to be rent.

M. "Rental agreement" means an agreement between the management and the tenant establishing the terms and conditions of a tenancy. A lease is a rental agreement.

N. "Rent schedule" means a statement of the rent charged for each tenancy in a mobile home park, together with any supporting data therefor.

O. The "rent stabilization board" shall be that board appointed pursuant to Section 5.69.030(A).

P. Representative. In the event that a petition is filed by more than one tenant, they shall designate one of them to be their representative.

Q. "Services" means those facilities which enhance the use of the mobile home site, including, but not limited to, repairs, replacements, maintenance, water, utilities, security devices, security patrols, storage, bath and laundry facilities and privileges, janitorial services, refuse removal and recreational and other facilities in common areas of the mobile home park. "Services" does not include charges for interest, depreciation, amortization, financing or refinancing of the mobile home park.

R. "Tenancy" means the right of a tenant to the use of a site within the mobile home park on which to locate, maintain and occupy a mobile home, site improvements and accessory structures for human habitation, including the use of the services and facilities of the park.

S. "Tenant" means an owner of a mobile home in a mobile home park, responsible for paying rent to management.

T. "Tenant majority" means a fifty percent plus one or more of the number of tenants of a mobile home park. A tenant is one for each mobile home site that he or she is renting in the mobile home park and that is occupied by a mobile home and only one signature for each site shall be required; provided, however, that no tenant who is already a party to a fixed-term rental agreement is entitled to sign an agreement for a site that will not be the subject of the new agreement. The total number of tenants used to calculate a tenant majority equals the total number of mobile home sites rented, occupied by mobile homes, and that will be subject to the agreement.

(Ord. 388 § 1 (part), 1986)

The provisions of this chapter shall not apply to the following tenancies in mobile home parks located in the city:

A. Mobile home park spaces rented out for nonresidential uses;

B. Mobile home parks, the construction of which began after the effective date of the ordinance codified in this chapter, provided, however, that such exemption continues in effect for only five years after the issuance of the building permit for the same. For the purposes of this section, "construction" means the erection of structures;

C. Mobile home parks which a government agency owns, manages or operates;

D. Tenancies which do not exceed an occupancy of three months and do not contemplate an occupancy of more than three months;

E. Tenancies for which any federal or state law or regulations specifically prohibit such rent regulation.

(Ord. 388 § 1 (part), 1986)

A. Members. There shall be in the city a rent stabilization board, hereinafter called "rent stabilization board." Such board shall consist of five regular members, all of whom shall be appointed by the city council on an at-large basis.

B. Compensation. No member will be compensated for his services, but the city shall reimburse members for their reasonable expenses of attending meetings.

C. Powers. The rent stabilization board is empowered to approve, set and adjust the rent schedule and maximum rents for mobile home tenancies in the city in accordance with this chapter.

D. Terms. Each member shall serve a term of two years or at the discretion of the city council.

E. Rules and Regulations. The city council may by resolution approve rules and regulations for proceedings before the rent stabilization board.

F. Quorum. Three members shall constitute a quorum of the rent stabilization board. A majority of the quorum present for any meeting of the rent stabilization board shall be required for the passage of any order, decision or ruling.

(Ord. 439 § 1, 1988: Ord. 388 § 1 (part), 1986)

A. Formula. Except as otherwise expressly provided in this chapter, the maximum rent for each mobile home space that management of a mobile home park shall be permitted to charge shall be as set forth in an effective rent schedule determined as follows:

The maximum allowable rent shall be calculated annually and shall be the sum of the following:

1. The July 1, 1979, rent; and

2. The July 1, 1979, rent times seventy-five percent of the ratio of change in the consumer price index (C.P.I.).

B. Effective Rent Schedule. Annually and as soon as practical after the release of the C.P.I. for March of each year and using the July 1, 1979, rent schedules previously filed for each mobile home park, the city manager shall make the calculations for each mobile home park, as provided by subsection A of this section, and shall file the same in the city clerk's office as a rent schedule and mail a copy of the applicable rent schedule to the management of each mobile home park, specifying the maximum rent for each mobile home space. The rent schedule, if filed before July 1st of that year shall become effective as of July 1st of that year or, if not filed until after July 1st, shall become effective as of filing.

C. Formula for Mobile Home Parks Annexed into the City on or after January 1, 1987. Except as otherwise expressly provided in this chapter, the maximum rent for each mobile home space that management of a mobile home park in this category shall be permitted to charge shall be set forth in an effective rent schedule as follows:

The maximum allowable rent shall be calculated annually and shall be the sum of the following:

1. The November 1, 1987 rent; and

2. The November 1, 1987 rent times seventy-five percent of the ratio of change in the consumer price index (C.P.I.).

D. Effective Rent Schedule for Annexed Mobile Home Parks. Annually and as soon as practical after the release of the C.P.I. for March of each year and using the July 1, 1987 rent schedules previously filed by each annexed mobile home park, the city manager shall make the calculations for each such mobile home park, as provided by subsection C of this section, and shall file same in the city clerk's office as a rent schedule and mail a copy of the applicable rent schedule to the management of each such mobile home park, specifying the maximum rent for each mobile home space. The rent schedule, if filed before July 1 of that year shall become effective as of July 1st of that year or, if not filed until after July 1st, shall become effective as of filing.

(Ord. 419 § 1, 1987: Ord. 388 § 1 (part), 1986)

A. Management Adjustment. The rents provided by Section 5.69.040 are intended to provide for a just and reasonable return to management in all foreseeable cases. In the event that management of any mobile home park contends that the maximum rent as provided by Section 5.69.040 shall not provide a "just and reasonable" return, management shall file with the rent stabilization board a verified petition showing that the strict application of the formula specified in subsection A of Section 5.69.040 prevents a just and reasonable return to management and request for an adjustment of the rent schedule up to a just and reasonable return for that mobile home park. In the event that the rent stabilization board finds the strict application of the formula specified in Section 5.69.040 does not allow for a just and reasonable return, then notwithstanding subsection A of Section 5.69.040, it may adopt an adjustment to the effective rent schedule up to that required for a just and reasonable return pursuant to procedures set forth in this chapter.

The management of a mobile home park by verified petition may also apply for a summary adjustment in the maximum rent based upon new added substantial cost for a specific service, tax or assessment or for a rapidly accelerating and substantial specific cost which has been imposed upon the mobile home park and which are beyond the reasonable control of management so as to allow management to pass through such cost to the respective tenants of the mobile home park. In the event such petition is filed, the rent stabilization board may allow an adjustment to be based thereon pursuant to the procedures set forth herein, or alternatively, it may require management to file a petition to show that the presently permitted maximum rent does not provide a just and reasonable return.

B. Tenant Adjustment. Any tenant may petition the rent stabilization board to reduce the maximum permitted rent in the event that management has reduced or limited any service to a tenant (including any change in policy with respect to children or pets), or the tenants of the mobile home park as a whole that were in effect on July 1, 1979. Such petition shall be verified. The amount of the reduction shall be the cost savings to management resulting from such reduction or elimination of services. In the event that the rent stabilization board finds that there has been a reduction or elimination of service to the tenant or tenants from and after July 1, 1979, then notwithstanding subsection A of Section 5.69.040, it may adopt an adjustment to the effective rent schedule to decrease the amount of the maximum rent allowable in an amount equal to management's savings by the reduction of or elimination of such service.

Any tenant of a mobile home park by verified petition may also apply for a summary adjustment of the maximum rent based upon a deleted substantial cost for a specific service, tax or assessment or for a rapidly decreasing and substantial specific operating cost of the mobile home park so as to require management to pass through the savings of such cost to the respective tenants of the mobile home park. In the event such petition is filed, the rent stabilization board may allow the adjustment to be made based thereon pursuant to the procedures set forth herein.

C. Cross Adjustment. In the event that a petition for an adjustment is filed pursuant to this Section 5.69.050, the rent stabilization board may make adjustments in accordance with both subsections A and B of this Section 5.69.050 that are brought out in the hearing and in consideration of the petition. In the event that any adjustment shall be made pursuant to this subsection, such adjustment shall not reduce the maximum allowable rent below a just and reasonable return under all the facts.

D. Conditions of Adjustment. In the event that the rent stabilization board shall determine that any adjustment shall be made pursuant to this section then, in that event, the rent stabilization board may impose conditions to the adjustment and, where appropriate, may limit the period of time of such adjustment. Should an adjustment be made pursuant to this section, the rent stabilization board shall adopt a new effective rent schedule for the mobile home park giving effect to such adjustment.

(Ord. 388 § 1 (part), 1986)

A. Documentation and Evidence. All applications and attached supporting documents will become public records. Documents and records submitted to the mobile home park rent stabilization board must be legible, reproducible, organized and presented in a manner appropriate and acceptable by reasonable accounting standards.

The application and materials attached to the application must be certified by the applicant and a certified public accountant as accurate and computed in the same manner as books and records kept for income tax purposes. The application and materials will not be returned to the owner. The management must, upon request by the board, staff or review accountant show to the board, staff or review accountant the original document from which any photocopy was made and all documents, papers or written memoranda which support or are evidence of claimed expenses of any nature.

In those instances where management or management's affiliates performed management services or labor being claimed as housing service costs, or claim reimbursement for housing services costs or expenses, a record of the date, time and nature of the service, labor or expenditure must be kept and submitted with the application.

Services, labor or expenditures by the management or management's affiliates must be identified as such in the application or supporting documents. Failure to submit such records may result in the requested cost or expense being disallowed. The mobile home park rent stabilization board may request evidence of any individual's background, knowledge, training or experience qualifying such individual to perform management services or labor as claimed in the application or supporting documents.

B. Invalid or Incomplete Applications. In the event that an application lacks the required documents, lacks required information or there are errors in the mathematical computations showing the individual rent increases, the application shall be returned to the management with an explanation as to why the application cannot be accepted, or, if a hearing has been scheduled, the case may be continued by the hearing officer up to thirty days commencing upon written notice to the management of the additional documentation and/or information needed.

(Ord. 388 § 1 (part), 1986)

In the event that a petition is filed pursuant to subsection A of Section 5.69.050, management shall serve a notice of the filing of the same on each tenant within the mobile home park on a form provided by the city manager. Such notice may either be in person or by mail to the last known address of each tenant. In the event that a petition is filed pursuant to subsection B of Section 5.69.050, the city manager shall promptly give notice at the last known address of the owner(s) of the mobile home park. Proof of service of the notice shall be filed with the city clerk. If the last known address of the owner(s) of the mobile home park is not known, he may mail the same to the address of the owner(s) of the mobile home park as shown on the last equalized assessment role of the county of Santa Barbara. No petition shall be considered as filed until proof of service of such notice is filed with the city clerk.

(Ord. 388 § 1 (part), 1986)

Within thirty days after the filing of the proof of service of the notice of petition under Section 5.69.060, any tenant may file an opposition to the petition of management. Within thirty days of the mailing of the notice by the city manager of a tenant's petition, management may file an opposition to such petition.

(Ord. 419 § 2, 1987: Ord. 388 § 1 (part), 1986)

In the event that no opposition is filed pursuant to Section 5.69.070, the rent stabilization board may hear and consider the matter based solely upon the subject matter set forth in the petition, or it may refer the matter to a hearing officer for a recommendation and report as hereinafter provided.

(Ord. 388 § 1 (part), 1986)

In lieu of filing a petition for adjustment under Section 5.69.050, the tenant majority and the management may jointly submit an agreement fixing the maximum rent and other fees and specifying how the same shall be paid. The agreement may also include items relating to the cost of operating the mobile home park and the services to be provided by management. On receipt of such an agreement, the city manager shall notice a public hearing to be held at the next meeting of the mobile home park rent stabilization board of not less than ten days from the receipt of the agreement. If the rent stabilization board determines that the agreement is just, fair and equitable, it may approve the same as for the maximum allowable rent for the mobile home park subject to the terms and conditions of the agreement and the same shall be in lieu of determining maximum rent under Section 5.69.040. The agreement may be signed before the effective date of this section.

(Ord. 388 § 1 (part), 1986)

A. In the event that any petition is filed pursuant to Section 5.69.050 proposing an adjustment which shall be contested by the filing of an opposition, the rent stabilization board shall direct that a hearing be held on the contested matter. In the event that the rent stabilization board orders a hearing to be held, it may refer the same to a hearing officer, as hereinafter provided, to hear the evidence and prepare proposed findings of fact and a recommended decision. The rent stabilization board may hold an evidentiary hearing itself on contested issues that can be summarily decided without extensive hearing, otherwise the board should refer the matter to a hearing officer for the evidentiary hearing.

B. The rent stabilization board shall deny the petition unless the petition proves by a preponderance of the evidence that either:

1. The maximum rent will not provide for a just and reasonable return; or

2. That services to tenants have been reduced from that of July 1, 1979.

C. The hearing officer, or the rent stabilization board if it does not refer the petition to a hearing officer, shall hold a hearing within ninety days of the date on which the petition is filed pursuant to Section 5.69.050. For good cause shown, the hearing officer, or the rent stabilization board if it does not refer the petition to a hearing officer, may order a reasonable continuance of the hearing date if necessary in the interest of justice. Matters shall be considered and decided in the order filed. The party filing any petition requiring affirmative action by the board shall deposit with the city clerk the estimated costs (as estimated by the city clerk) to the city of all costs to the city, including without limitation, the costs of the meeting of the rent stabilization board, the full cost of conducting the hearings as herein provided, the cost of the hearing officer and the cost of preparation of record. Should the funds so deposited exceed the city's costs, any excess shall be refunded to the person so depositing the same and any deficiency must be agreed to be paid by such party. The city clerk may require, at any time during the hearing, an additional deposit to cover costs not covered by the initial deposit as a condition of continuing with the hearing. Should such deposits not be made in a timely manner, the petition shall be deemed withdrawn and the proceeding terminated.

D. The hearing officer, or the rent stabilization board if it does not refer the petition to a hearing officer, shall consider all relevant facts presented at such hearing and may require additional information to be presented by the management or others in order to determine what adjustments, if any, should be made.

E. For any contested hearing, if there is more than one party on a side, the hearing officer, or the rent stabilization board if it does not refer the petition to a hearing officer, may require the parties on one side to designate a representative to receive service of notices, papers and documents with respect to the same, and after such designation, the service on the representative so designated shall be deemed to be giving service to all such parties on that side.

F. In the event of any contested hearing, each tenant in the affected mobile home park shall be mailed a notice of the time and place of the commencement of the hearing and the possible effect upon his or her rent. The mobile home park tenants shall be given a chance and an opportunity to be heard at the contested hearing. No further notice shall be required to be given under this chapter for any continuances of the hearing.

G. All meetings and hearings shall be open to the public and notice thereof given as required by law. Meetings shall be held as necessary to hear and decide petitions.

H. The city manager shall notify the petitioning party of the filing of an opposition on receipt thereof and as soon as possible thereafter shall notify both parties of the time, date and place of hearing.

I. Upon receipt of a valid petition pursuant to this chapter, the rent stabilization board, unless it conducts the hearing itself under subsection A of this section, shall refer the opposition and the petition to a hearing officer who shall conduct an evidentiary hearing upon the petition. At the evidentiary hearing, the hearing officer, or the rent stabilization board if it does not refer the petition to a hearing officer, shall take all evidence and may require any party to the proceedings to provide him with pertinent books, records, papers, etc. In furtherance of this power, the hearing officer, or the rent stabilization board if it does not refer the petition to a hearing officer, may request the city council to issue a subpoena for the same if they are not voluntarily produced, or may take a refusal to produce the same as evidence that such evidence, if produced, would be adverse to the party refusing to produce the same.

J. The management may substitute for any books, records and papers, a certified audit by an independent certified public accountant using computations in the same manner as books and records kept for income tax purposes or a verified statement under oath by an independent certified public accountant of what the information sought from such books, records and papers consists of. Notwithstanding this subsection, the hearing officer, or the rent stabilization board if it does not refer the petition to a hearing officer, may require production of the books, records and papers.

K. The hearing officer, or the rent stabilization board if it does not refer the petition to a hearing officer, may hear all offered testimony and receive all documentary evidence relevant to determine whether a rental adjustment should be granted. The hearing officer, or the rent stabilization board if it does not refer the petition to a hearing officer, shall rule upon the admissibility of all evidence at the evidentiary hearing and shall have the power and authority to conduct the evidentiary hearing in all respects.

L. The hearing officer, or the rent stabilization board if it does not refer the petition to a hearing officer, shall keep detailed notes of the evidence produced and an electronic recording of all the testimony presented at the evidentiary hearing.

M. The evidence presented at the evidentiary hearing shall constitute the exclusive record for the decision of the issues involved.

In making a determination whether to grant a rent adjustment, the hearing officer, or the rent stabilization board if it does not refer the petition to a hearing officer, shall consider the purposes of the mobile home rent stabilization ordinance. The hearing officer, or the rent stabilization board if it does not refer the petition to a hearing officer, shall specifically consider the following factors, in addition to any other factors it considers relevant, in determining whether a rent adjustment is just, fair and equitable:

1. Rent changes allowed by the consumer price index for wage earners and clerical workers in the Los Angeles-Long Beach-Anaheim metropolitan area published by the Bureau of Labor Statistics;

2. The voluntary pay and price standards promulgated by the President of the United States or any other lawfully established state or federal government wage and price guidelines;

3. The rent lawfully charged for comparable mobile home spaces in the city;

4. The length of time since the last rent increase and the amount thereof for the mobile home space or spaces specified in the rent increase application;

5. The completion of any capital improvements or rehabilitation work related to the mobile home space or spaces specified in the rent increase application, and the cost thereof, including such items of cost, including material, labor equipment rental, permit fees and other items as the hearing officer, or the rent stabilization board if it does not refer the petition to a hearing officer, deems appropriate;

6. Changes in property taxes or other taxes related to the subject mobile home park;

7. Changes in the utility charges for the subject mobile home park paid by the applicant and the extent, if any, of reimbursement from the tenants;

8. Changes in reasonable operating and maintenance expenses;

9. The need for repairs caused by circumstances other than ordinary wear and tear;

10. The amount and quality of services provided by the applicant to the affected tenant;

11. Any existing written lease lawfully entered into between the applicant and the affected tenant;

12. The amount necessary to allow the park management to reasonably amortize the cost of new capital improvements, including interest and a reasonable profit, but not beyond the time necessary for reasonable amortization;

13. A reasonable return on capital invested at the time of the first adoption of the mobile home park rent stabilization ordinance;

14. All other factors which the hearing officer, or the rent stabilization board if it does not refer the petition to a hearing officer, considers to be relevant to determine whether a rent adjustment is just, fair, and equitable.

If the hearing officer, or the rent stabilization board if it does not refer the petition to a hearing officer, determines that a substantial basis for the requested rent increase on the management's application is an assertion the maximum rents or maximum adjusted rents permitted pursuant to this chapter do not allow the management a return sufficient to pay debt service on the rental mobile home park, a rent adjustment will not be permitted pursuant to this chapter to an owner who acquired an interest in the mobile home park after July 1, 1979.

N. At the conclusion of the evidentiary hearing, the hearing officer shall prepare a summary of all testimony and evidence admitted at the evidentiary hearing, a statement of all materials officially noticed and prepare proposed findings of fact and a recommended decision to the rent stabilization board, and shall submit the same to the rent stabilization board within fifteen days after the hearing, along with copies of all documentary evidence received. Copies of the hearing officer's summary, matters officially noticed, proposed findings and recommendation for decision and notice of the time and place of the rent stabilization board's hearing on the hearing officer's recommendations and proposed decision shall be mailed to all parties participating in the hearing within fifteen days after the hearing. The rent stabilization board hearing shall be held no later than thirty days after submission of the hearing officer's recommended decision.

O. Upon receipt of the hearing officer's summary, proposed findings, official noticed material and recommendations, and the documentary evidence admitted in the proceedings, the rent stabilization board shall hear arguments by the parties based upon the material submitted to it by its hearing officer. Any party at a proceeding may also have prepared, at his expense a transcript of the hearing to be presented to the rent stabilization board. No further evidence shall be permitted nor allowed at the hearing before the rent stabilization board, but it shall be based solely upon the materials presented to the hearing officer at the evidentiary hearing.

P. 1.

At the conclusion of the hearing on the proposed findings and recommended decision of its hearing officer before the rent stabilization board pursuant to subsection O of this section, the board shall within thirty days after the date of hearing:

a. Accept and confirm the recommendations of the hearing officer and adopt his findings and recommendations; or

b. Amend the findings and recommendations of the hearing officer; or

c. Send the matter back to the hearing officer for further hearings of the issue pursuant to any instructions provided by the rent stabilization board. Upon such remand the hearing officer shall notice a hearing within thirty days or as soon thereafter as such hearing can be held, and shall render a decision within fifteen days of the conclusion of the hearing.

2. Upon issuing the findings of fact, pursuant to subdivision la and b of this subsection, the rent stabilization board shall render its final decision. This final decision shall be final and conclusive upon all parties. The final decision by the board may include a provision equalizing the rents among all of the tenants of the mobile home park based upon the location, size and improvements supplied by management of each mobile home site, notwithstanding any previous disparity between rents charged on equivalent mobile home sites. All parties shall be given notice of the final decision by the board.

Q. Any order of the rent stabilization board shall, unless otherwise specified in its final decision, be effective as of the date ninety days after the filing of the petition for adjustment.

R. Any party to a hearing may be assisted by attorneys of the party's choice.

S. No member of the rent stabilization board may participate in the hearing or decision concerning a mobile home park in which he resides or has a financial or management interest.

T. The rent stabilization board shall keep minutes of its meetings and make an official record of a hearing.

U. Decisions of a rent stabilization board shall be supported by a preponderance of the evidence.

V. The evidentiary hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions.

W. The rent stabilization board may in its final decision direct that the prevailing parties, costs in these proceedings, including any funds paid to the city pursuant to subsection C of this section, shall be reimbursed by the losing party. Such an order for costs may be enforced by a court of law of appropriate jurisdiction. In the event that the rent stabilization board determines that any petition or opposition is frivolous, it may award reasonable attorney's fees to any other party or parties.

X. The rent stabilization board or its hearing officer may spread any retroactive rent adjustment under paragraph Q of this section over several months of future rent.

Y. The city manager shall file notice of the decision and order of the rent stabilization board with the city clerk.

(Ord. 388 § 1 (part), 1986)

The rent stabilization board may recommend to the city council the adoption of guidelines for determining a just and reasonable return.

(Ord. 388 § 1 (part), 1986)

The city manager shall, from time to time, calculate the total cost of conducting a meeting of the rent stabilization board and file such figure in his office. Such figures shall be used in determining the deposits and the costs for holding a meeting of the rent stabilization board.

(Ord. 388 § 1 (part), 1986)

Whenever any matter is brought before the mobile home park rent stabilization board which requires a public hearing or which will, in the estimation of the city manager, require in excess of one hour of staff and board time for processing and considering such matter, the applicant shall be required to pay a filing fee and deposit to cover such costs as set by resolution of the city council. The city manager shall maintain such records as are necessary to verify the city's costs of such matter and any excess deposit shall be returned to the applicant upon conclusion of the matter under consideration. In the event such fees and/ or deposits are insufficient to cover the city's costs, further consideration of the matter shall be suspended pending receipt of additional deposits to cover such costs.

(Ord. 451 § 1, 1989)

Nothing in this chapter shall operate to restrict the right of a tenant and management to enter into agreements providing for a fixed term and/or a fixed rent for mobile home tenancies.

(Ord. 388 § 1 (part), 1986)

Management shall not request, demand or receive from a tenant more than the maximum rent set forth in an effective rent schedule including any adjustment thereof fixed by the rent stabilization board.

(Ord. 388 § 1 (part), 1986)

In the event of any violation by the management of a mobile home park of any maximum rents, an effective rent schedule, or a final decision and order of the rent stabilization board relief for such a violation shall be enforceable by the individual tenants of that park in a court of the appropriate jurisdiction in which injunctive relief may be granted and damages shall be allowed for any rent paid in excess of the effective rent schedule or any final determination of the rent stabilization board. In any such court proceeding, the prevailing party shall be awarded his reasonable attorneys' fees and the court, where applicable, shall be empowered to order treble damages for any rents charged in excess of any effective rent schedule, maximum rent, or in violation of the final decision of the board (i.e., three times any excessive rent or overcharge).

(Ord. 388 § 1 (part), 1986)

Any action or proceeding to attack, review, set aside, annul or void a final decision and order of the rent stabilization board, or reasonableness, legality or validity of any provision or condition attached thereto, shall not be maintained by any person unless such action or proceeding be commenced and service is effected within ninety (90) days of the filing with the city clerk of the rent stabilization board's final decision and order.

(Ord. 388 § 1 (part), 1986)

This chapter shall remain in effect until the vacancy factor in mobile home parks in the city rises to three percent, or more, for a period of one year.

(Ord. 450 § 1, 1989: Ord. 388 § 1 (part), 1986)

It is unlawful for the management or any owner of any mobile home park to harass, evict, retaliate against or otherwise discriminate against any person in the rental of any mobile home park space when the dominant purpose is retaliation against a person who has opposed practices unlawful under this chapter, informed law enforcement agencies of practice believed unlawful under this chapter, has asserted any rights under this chapter, or has petitioned, testified or assisted in any proceeding under this chapter.

(Ord. 388 § 1 (part), 1986)