Chapter 151 — MOBILE HOMES, TRAILER PARKS

All trailer parks within the city shall conform to the requirements of this subchapter, and to the provisions of the Mobilehome Parks Act found in Cal. Health and Safety Code Division 13, Part 2.1, §§ 18200 et seq., and all applicable provisions of the state’s Administrative Code applicable thereto. (Prior Code, § 5200) (Ord. 21, passed 6-7-1961)

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates, or requires, a different meaning.

APPROVED WHEN USED IN CONNECTION WITH ANY MATERIAL APPLIANCES OR CONSTRUCTION.

Those that have been approved, listed, or labeled as conforming to the Standard Underwriters Laboratories, U.S. Bureau of Standards, Western Plumbing Officials Conference, Uniform Building Code, or some other such similar

nationally- or regionally-recognized board or group, provided, however, that the City Building Inspector may refuse to approve any such item for just cause.

BUILDING. Includes public toilets, public baths, laundry rooms, or other structures and also includes a

compartment containing a toilet or bath or both, constructed for the exclusive use of an occupant of a trailer site. HUMAN HABITATION. As used in this subchapter shall include sleeping.

INSPECTOR. The City Building Inspector.

TRAILER COACH.

(1) Any camp car, trailer, or other vehicle, with or without motive power, designed and constructed to travel on public thoroughfares at the maximum allowable speed limit, and in accordance with the provisions of the state’s Motor Vehicle Code, and designated for human habitation.

(2) TRAILER also means TRAILER COACH . An INDEPENDENT TRAILER COACH is one equipped with a toilet for sewage disposal and a DEPENDENT TRAILER COACH is one not so equipped.

TRAILER PARK. Any area or tract of land designed for use or intended to be used for one or more users, or owners of trailer coaches, or where free parking is permitted owners or users of trailer coaches.

TRAILER SITE or SITE. Any portion of a trailer park designed for the use or occupancy of one trailer coach. (Prior Code, § 5201) (Ord. 21, passed 6-7-1961)

It shall be the duty of the Inspector to enforce all of the provisions of this subchapter, and for the purpose of securing enforcement thereof, the Inspector, or any of his or her duly licensed, authorized representatives, are hereby empowered to enter private property to determine if a trailer park exists, and they are further empowered to enter upon the premises of any trailer park now operating or which may thereafter be operated within the city to inspect the same, and all accommodations connected therewith.

(Prior Code, § 5202) (Ord. 21, passed 6-7-1961)

(A) Permit to locate a trailer park. No trailer park hereafter established shall be located within the city until the location thereof has been approved by the City Planning Commission in accordance with the following provisions.

(1) An application shall be filed on a form prescribed by the City Planning Commission. Said application shall be acted upon by said City Planning Commission in the same manner and under the same rules and regulations as are applied by said Commission to an application for a use permit under the zoning laws of the city.

(2) Said application shall set forth, among other things, the following information, to-wit:

(a) True legal description of the property upon which it is proposed to locate such trailer park;

(b) A plot plan showing the trailer sites and location of any buildings or other improvements proposed to be constructed or located thereon;

• (c) Description of water electrical and gas supply;

• (d) Description of ground drainage;

• (e) Description of proposed method of sewage disposal; and

• (f) General description of the use of adjacent lands.

(3) Said application shall be accompanied by a filing fee as set forth in the Master Fee Schedule and amended from time to time. Said filing fee shall preclude the imposition of other fees as may be required by other provisions of this code or law.

(4) When approved by the Planning Commission, an application shall thereupon be made to the city for a building permit.

(Prior Code, § 5203)

(B) Expiration of building permit. All permits granted under the provisions of this subchapter for the construction of a trailer park and all building permits granted therefor shall automatically expire within 180 days from the date of issuance thereof unless the work authorized under such permit has been started within said period. However, the Building Inspector may extend the expiration date of said permit for a reasonable time upon just cause being shown. (Prior Code, § 5204)

(Ord. 21, passed 6-7-1961)

(A) Business license required. Upon the completion of any such trailer park and prior to the use thereof, the owner or operator of such trailer park shall make application to the City Clerk for a business license to operate the trailer park. The application therefor shall be in writing upon a from provided by the City Clerk. It shall be filed not less than ten days nor more than 20 days before the trailer park is ready for use. The Inspector shall, upon the filing of said application, make a final inspection of the trailer park referred to in said application, and if it is found to be in conformity with the requirements of this subchapter and all other ordinances and laws of the city and of the state, the City Clerk shall issue to the owner or operator thereof a business license upon payment of the fees according to the provisions of the business license ordinances of the city. Such license shall at all times be posted on the premises of said trailer park in a conspicuous place.

(Prior Code, § 5205)

(B) Renewal of licenses. No business license issued for a trailer park shall be renewed unless at the time of renewal the trailer park, for which renewal is sought, complies with the provisions of this subchapter as revealed by an inspection thereof made by the Inspector at the time the application is made for the renewal of the business license for said trailer park.

(Prior Code, § 5206)

(C) Suspension and revocation of business license. Whenever it is found that any trailer park is not being conducted in conformity with the provisions of this subchapter or the laws of the state or any other law in the city, the business license shall be subject to revocation or suspension by the City Council in the following manner, to-wit:

(1) The Inspector shall give a written notice to the owner or operator at the trailer park or address shown on the business license, which notice shall state the particular violations which have been found to exist. Said notice shall specify a time and place at which the owner and/or operator of the trailer park may appear before the City Council of the city and then and there show cause why the license to operate said trailer park should not be revoked or suspended. (2) The notice above referred to shall be given at least five days prior to the date upon which the appearance to show cause is returnable.

(3) The notice above referred to shall be given to the person or persons owning or operating the trailer park as such person’s name and address appear on the business license issued for the operation of said business or as otherwise known to the City Clerk. The notice may be served personally or by mail.

(4) (a) If the service is made personally, an affidavit of service shall be made and filed with the Clerk showing the place and time of service and the person or persons served.

(b) If service is made by mail, it shall be accomplished by depositing the notice in the U.S. mail, registered, postage prepaid, with return receipt requested; the return receipt card shall be filed with the City Clerk. Service shall be deemed complete when made by mail upon the deposit of said notice in the mail as hereinabove required.

(c) The failure of an owner, operator, or business license holder to receive the notice shall not affect, in any manner, the validity of the proceedings hereunder.

(5) In addition to the written notice served as provided above, there shall also be a copy of said notice posted conspicuously upon the premises of the trailer park itself.

(6) At the time and place mentioned in said notice, the person holding said license, or anyone interested in the operation of said trailer court, may appear in person or by an agent or attorney and shall thereupon be heard with respect to any matter touching upon the charges set forth in said notice. The Inspector and/or any other person shall also be heard with respect to the matter of said charges.

(7) (a) After hearing all evidence bearing upon said matter, the City Council may, in its sole discretion, revoke or suspend under such terms as it may deem desirable, the license to operate said trailer park.

(b) The decision of the City Council on the matters involved in said hearing and determination shall be final. (Prior Code, § 5207)

(Ord. 21, passed 6-7-1961)

It shall be unlawful for any person in a trailer park to use or cause or permit to be used for occupancy any trailer coach under any of the following conditions:

(A) Any trailer coach from which any tire or wheel has been removed, or which is not maintained in a serviceable condition, except for the purpose of making repairs or placing such trailer in dead storage;

(B) Any trailer coach to which is attached any rigid water, gas, or sewer pipes; provided, however, that metal tubing not to exceed five-eighths inside diameter may be used for water and gas;

(C) Any trailer coach to which is supported with underpinning or foundation to the ground; provided, however, that stabilizing devices may be used when spaced at intervals of not less than six feet apart horizontally;

(D) Any trailer coach which does not carry a current yearly license issued by any state or foreign state motor vehicle department;

(E) Any trailer coach in any unsanitary condition or which is not structurally sound or which does not protect its habitants against the elements; and

(F) Any trailer coach to which there is attached, or to which there is established less than six feet adjacent thereto, any room or lean-to, unless constructed in conformity with Cal. Code of Regulations Title 25, Chapters 2 and 2.2, as applicable.

(Prior Code, § 5208) (Ord. 21, passed 6-7-1961) Penalty, see § 10.99

It shall be unlawful for any person owning or operating a trailer park to rent as lessor or hold out for rent any trailer coach in a trailer park.

(Prior Code, § 5209) (Ord. 21, passed 6-7-1961) Penalty, see § 10.99

It shall be unlawful to camp overnight or to park a trailer coach over night upon any public street, alley, or parking lot, including the right-of-way thereof. This provision shall not apply where a trailer coach is parked for the purpose of making emergency repairs.

(Prior Code, § 5210) (Ord. 21, passed 6-7-1961) Penalty, see § 10.99

(A) Each trailer site in a trailer park shall not be less than 1,000 square feet in area, and not less than 25 feet in width. The corners of said area shall be clearly and distinctly marked. Each trailer site shall be numbered or otherwise marked for identification purposes.

(B) No trailer coach shall be located closer than six feet from any building or another trailer coach.

• (C) Each trailer coach and each building shall not be located closer than three feet from a lot or property line.

(D) A driveway of not less than 20 feet in width shall be provided into a trailer park from a public thoroughfare for the purpose of ingress and egress. If the parking of automobiles is permitted, a 20-foot clearance must be maintained. Each trailer site shall front upon an interior driveway of not less than 20 feet in width. All driveways shall have clear and unobstructed access to a public thoroughfare. All driveways shall be paved with suitable paving material as approved by the Inspector. Each trailer shall be parked on each site with the hitch fronting toward such driveway.

(E) A trailer park shall not accommodate any trailer coach when there are no available trailer sites within the trailer park.

(F) At least one off-street parking space for motor vehicles shall be provided for each site in all trailer parks. (Prior Code, § 5211) (Ord. 21, passed 6-7-1961)

All plumbing within a trailer park serving all trailer coaches shall meet the requirements of Cal. Code of Regulations, Title 25, Chapter 2, Article 5 and Chapter 2.2, Article 5, as applicable. (Prior Code, § 5212) (Ord. 21, passed 6-7-1961)

Any and all buildings used for human habitation within a trailer park shall comply with the provisions of §§ 150.001 through 150.003, 150.015 through 150.025, 150.040 through 150.043, and such other applicable laws of the city as may from time to time be adopted, and also with the provisions of Cal. Code of Regulations, Title 25, Chapters 2 and 2.2, as applicable., being more commonly designated as the State Housing Act.

(Prior Code, § 5213) (Ord. 21, passed 6-7-1961)

Every trailer park shall provide metal garbage cans with tight-fitting covers. Said cans shall have sufficient capacity to provide at least 20 gallons of capacity or equivalent for each trailer site and each occupied building located on the park property.

(Prior Code, § 5214) (Ord. 21, passed 6-7-1961)

• (A) The area or tract of land upon which a trailer park is situated and each trailer site shall be:

• (1) Well drained and graded to the elevation of the abutting streets;

• (2) Landscaped and kept weed-free with all walkways and driveways kept in a dust- and mud-free condition;

• (3) Kept clean and free from the accumulation of refuse, garbage, rubbish, and/or debris; and

• (4) Kept clear of all impedimenta or objects from the front of each trailer to the driveway.

• (B) Each trailer site and the space directly beneath each trailer coach shall be kept clean and free from refuse, rubbish, or other impedimenta.

• (C) Fire protection shall be provided in each trailer park as follows:

• (1) There shall be a minimum of one five-pound CO-2 extinguisher or any chemical extinguisher, which extinguishers shall be located on the premises in a place available to all persons at all hours.

(2) Fire hydrants shall be placed at the discretion and direction of the Fire Chief of the code.

(Prior Code, § 5215) (Ord. 21, passed 6-7-1961)

The location, installation, marking, filling, maintenance, and use of LPG tanks and associated equipment shall be in accordance with the industrial safety orders of the State Division of Industrial Safety insofar as the same apply to LPG.

(Prior Code, § 5216) (Ord. 21, passed 6-7-1961)

(A) No trailer, recreational vehicle, or boat parked on private property within the city may be used for human habitation, except in a licensed trailer park, or on a lot or parcel of property designated by a zone or use permit as a trailer park or a mobile home subdivision; provided, that trailers or mobile homes may be used as offices accessory to uses otherwise permitted in any manufacturing zone in the city, subject to the obtaining of a conditional use permit therefor in accordance with the use permit provisions provided under city ordinance.

(B) No trailer coach, even if not being used for human habitation, may be parked in the city unless it complies with zoning regulations and the following:

(1) If the trailer coach is located in any area other than a side yard or rear yard, then such trailer coach shall not exceed 22 feet in length; or

(2) If the trailer coach exceeds 22 feet in length, it may only be located in a side or rear yard.

(Prior Code, § 5217) (Ord. 77-3, passed 2-22-1977; Ord. 98-7, passed 8-3-1998) Penalty, see § 10.99

No provision of this subchapter shall be construed to require structural changes or alterations in or on an existing building where such is not required otherwise by law prior to the effective date of this subchapter. (Prior Code, § 5218) (Ord. 21, passed 6-7-1961)

Trailer coaches parked on private property in the city prior to the adoption of this subchapter will be permitted to remain, but shall immediately be subject to the following regulations.

(A) All trailer coaches parked on private property used for human habitation shall be inspected by the Inspector and shall conform to the requirements of Cal. Health and Safety Code Division 13, Part 2.

(B) The area and buildings, if any, adjacent to any parked trailer shall also be inspected by the Inspector.

(C) A permit to continue parking of a trailer coach on private property within the city limits must be obtained after the trailer coach has been inspected.

(D) The permit referred to in division (C) above will be issued by the City Clerk. The fee shall be as set forth in the Master Fee Schedule and amended from time to time and must be renewed each year.

(E) No permit shall be issued by the City Clerk unless and until evidence is presented showing that the current yearly registration on the trailer has been purchased from the Department of Motor Vehicles.

(F) No trailer coach may be occupied by anyone other than the owner of said trailer, who shall also be the owner of the property on which the trailer is located.

(G) A permit to park a trailer on private property shall not be transferable.

(H) No permit shall be issued for a trailer which replaces the trailer for which the original permit was issued hereunder.

(I) No trailer parked on private property in the city may be rented after the adoption of this subchapter if used for human habitation.

(Prior Code, § 5219) (Ord. 21, passed 6-7-1961)

MOBILE HOMES

(A) Installation permit. No mobile home may be installed on any parcel of land within the city which is in a mobile home subdivision until a mobile home installation permit has been issued by the City Clerk. The fee for such permit shall be as set forth in the Master Fee Schedule and amended from time to time.

(B) Construction permit fees. No construction or installation regulated by this section shall be done by any person without first applying for and receiving a permit from the City Clerk therefor. Any person submitting an application for a permit to construct or install a cabana, ramada, awning, carport, porch, or fence or windbreak, five feet or more in height, shall pay the fees as set forth in the Master Fee Schedule and amended from time to time. A single permit may be issued for all work to be accomplished at the same time on the same premises. Fees for mobile home accessory buildings or structures, not specifically covered by the foregoing, shall be based on the applicable provisions of the Uniform Building Code.

(C) Definitions. The terms used in this section shall be as defined in or have the same meaning as they are used in the State Mobile Home Parks Act, being Cal. Health and Safety Code, Division 13, Part 2.1, commencing with § 18200.

(Prior Code, § 5220) (Ord. 75-10, passed 10-6-1975; Ord. 03-02, passed 5-5-2003)

RENT STABILIZATION

The City Council finds and declares it necessary to protect the owners and occupants of mobile homes from unreasonable rent increases while at the same time recognizing the need of the park owners to receive a just and reasonable return on their property and rental increases sufficient to cover the increased costs of repairs, maintenance, insurance, upkeep, and additional amenities.

(Prior Code, § 3996.10) (Ord. 87-8, passed 12-21-1987)

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates, or requires, a different meaning.

CONSUMER PRICE INDEX. The consumer price index for all urban consumers (CPI-U) published for the Los Angeles-Long Beach area.

HEARING OFFICER. A duly appointed hearing officer selected from a panel (or list) of qualified hearing officers. A HEARING OFFICER shall have no financial interest in either a mobile home park or a mobile home, nor have been a resident of nor reside in a mobile home park. A HEARING OFFICER shall be experienced in financial and accounting methods with knowledge of administrative procedures and rules of evidence.

MOBILE HOME PARK. An area of land where two or more mobile home sites are rented, or held out for rent, or held out for use, to accommodate mobile homes used for human habitation.

MOBILE HOME PARK OWNER or OWNER. The owner, lessor, operator, landlord, or manager of a mobile home park within the purview of this subchapter.

MOBILE HOME TENANT or TENANT. Any person entitled to occupy a mobile home dwelling unit pursuant to ownership thereof in a mobile home park within the purview of this subchapter.

RENT or RENTAL. The consideration, including any bonus, benefit, gratuity, or security deposit, demanded or received in connection with the use and occupancy of a mobile home space and its accompanying services, amenities, utilities, and the like in a mobile home park within the purview of this subchapter, or for the transfer of a lease for mobile home park space and its accompanying services, amenities, and the like in a mobile home park within the purview of this subchapter, but exclusive of any amounts paid for the use of the mobile home dwelling unit itself.

RENT INCREASE.

• (1) Any increase in rent as defined above; or

• (2) Any reduction in services, amenities, and the like, in a mobile home park within the purview of this subchapter.

TENANT MAJORITY. Fifty percent plus one vote or more of the number of votes tenants of a mobile home park are entitled to cast at the time of voting. A tenant is entitled to cast one vote for each mobile home site which he or she is renting in the mobile home park and that is occupied by a mobile home; provided, however, that no tenant who is a party to a lease which exempts that mobile home from rent control pursuant to Cal. Civil Code § 798.17 is entitled to cast a vote for the site that is subject to the lease. Mobile homes under such a lease shall not be counted in determining the aggregate number of mobile homes from which the TENANT MAJORITY is to be calculated.

VACANCY. A change in ownership of a mobile home within a mobile home park. As used in this subchapter, a VACANCY shall not include an interspousal transfer or a transfer to court appointed trustee, guardian, or conservator. (Prior Code, § 3996.20) (Ord. 87-8, passed 12-21-1987; Ord. 92-5, passed 7-6-1992)

The provisions of this subchapter shall apply to all mobile home parks within the city. (Prior Code, § 3996.30) (Ord. 87-8, passed 12-21-1987)

(A) One rental increase per year. An owner shall not impose a rent increase more often than once in every 12month period (July 1 through June 30); no such increase shall be retroactive. The owner shall notify all tenants at least 60 days prior to the effective date of any rent increase.

(B) Maximum annual rental increase. Except as provided in division (C) below, the maximum monthly rental increase for each space in each 12-month period shall be a percentage increase over the previous year’s monthly rental equal to 100% of the first 5% increase in the consumer price index over the preceding 12-month period and 75% of the CPI increase over the preceding 12-month period for that portion of the increase greater than 5%. Any rent increase under this division (B) is limited to an increase in the money paid for rent and shall not include a decrease in services, amenities, utilities, and the like. For purposes of calculating maximum allowable rent pursuant to this division (B) for the 1987-1988 12-month period (July 1, 1987 through June 30, 1988), the “previous year’s monthly rental” shall be considered the monthly rental in effect on July 1, 1987. On the effective date of this subchapter, there shall be a roll back of the monthly rental rate to that in effect on July 1, 1987, plus the maximum annual rental increase as provided in this division (B). Should any tenant have been charged in excess of this rollback monthly rental rate between July 1, 1987, and the effective date of this subchapter, the landlord shall either refund the excess amounts paid or provide a credit to the tenant to be applied against future monthly rental.

(C) Owner hardship exceptions and tenant rent adjustments.

(1) An owner who contends that he or she will be unable to make a just and reasonable return on the property involved may apply to the city for a rental increase in addition to the maximum increase permitted by division (B) above or those increases allowed by § 151.54. Likewise, tenant(s) who contend that a rent increase has occurred due to a reduction in services, amenities, and the like, may apply to the city for a rent adjustment.

(2) Such applications must be filed by the owner or tenants with the city in accordance with § 151.49. (Prior Code, § 3996.40) (Ord. 87-8, passed 12-21-1987; Ord. 92-5, passed 7-6-1992)

(A) Fees; contents of request; hearing.

(1) Except for automatic increases in base rent allowed under § 151.48(B) and those resulting from vacancies under § 151.50, an owner or tenant(s) may file with the City Clerk an application for a rent adjustment (“application”). The application shall state the amount of the adjustment for each space affected and the reasons for the adjustment.

(a) An application shall be accompanied by the payment of a fee as may be established from time to time by the Council.

(b) An application filed by an owner shall be accompanied by a statement that the tenant for each space affected has been served either personally or by mail with a notice describing the application and the change in rent or services.

(c) An application filed by a tenant shall be accompanied with a statement stating that the owner has been either personally or by mail served with the application and with a statement designating not more than three persons to act as representatives for the spaces affected and containing the names and addresses of tenants representing no less than 51% of the spaces affected by the application, and supporting the application and established by a secret election.

(d) A statement shall accompany the application and shall notify the receiving party that he or she has 30 days to file an objection, and if one is not filed within the time allowed, then the application will be automatically granted.

(2) An objection to the application may be filed with the City Clerk within 30 days after the notice of application has been served. The objection shall identify the portions of the application objected to and shall state the grounds of the objection.

(a) A copy of an objection filed by an owner shall be mailed to each of the designated tenant representatives. (b) A copy of an objection filed by a tenant shall be mailed to the owner. The tenant’s objection shall designate not more than three persons to act as representatives for the objecting tenants. The objection must be accompanied by a statement containing the names and addresses of tenants representing no less than 51% of the spaces affected by the owner’s application and verifying that they object to the application established by secret ballot election.

(3) If no objection is filed to an application within the time allowed, or if less than 51% of the tenants support an objection to an application, then the application will be automatically granted.

(4) If an objection is filed within the time provided, then the owner and the tenant representatives shall meet and confer to negotiate in good faith an agreement regarding the application. Either party may request a mediator of their choice to assist in the negotiations, but this is not required. If an agreement is reached within 60 days, then the tenant representatives shall notify all tenants affected by the agreement. The tenants shall have ten days to approve or disapprove of the agreement. If tenants representing a majority of the spaces affected fail to disapprove of the agreement, then the agreement shall be binding on the owner and all tenants affected. The City Clerk shall be notified that an agreement has been reached. The statements made in negotiations and any agreements reached but not approved shall not be admissible in any subsequent hearings regarding the application.

(5) If the owner and the tenant representatives fail to reach an agreement within the time provided or if a majority of the tenants disapprove of an agreement reached, then the applicant shall within ten days notify the City Manager that an agreement has not been reached. The City Manager shall obtain a list of no less than five qualified hearing officers. Owners and tenants may each delete one person from the list of qualified hearing officers within seven days and one of the remaining persons shall be selected by the City Manager as the hearing officer. Appointment of the hearing officer shall be completed no later than 21 days after filing of the notice that an agreement has not been reached.

(6) The hearing officer shall set a hearing on the application complying with the requirements of this division (A) no less than ten days and no more than 30 days after the appointment. The hearing officer shall notify the owner and tenants, in writing, of the time, place, and date set for the hearing. No hearing or any part thereof may be continued beyond 30 days after the initial hearing date without the applicant’s consent. If the hearing officer approves an application as requested or as modified, the same shall take effect as noticed by the owner or as the hearing officer may otherwise direct.

(Prior Code, § 3996.41)

(B) Conduct of hearing.

(1) All review hearings conducted by the hearing officer shall be conducted in accordance with the Ralph M. Brown Act, at Cal. Government Code §§ 54950 et seq., and according to the rules of the American Arbitration Association.

(2) All interested parties to a hearing may have assistance from an attorney or such other person as may be designated by the parties in presenting evidence or in setting forth by argument their position. All witnesses shall be sworn in and all testimony shall be under penalty of perjury.

(3) In the event that either the owner or the tenant(s) should fail to appear at the hearing at the specified time and place, the hearing officer may hear and review the evidence as may be presented and make such decisions as if all parties had been present.

(4) The owner and affected tenants may offer any testimony, documents, written declarations, or other relevant evidence.

• (5) Formal rules of evidence shall not apply.

• (6) Minutes shall be taken at all review hearings.

(Prior Code, § 3996.42)

(C) Evaluation; relevant factors.

(1) In evaluating the application, the hearing officer may consider, along with all other factors it considers relevant, changes in costs to the owner attributable to increases or decreases in master land and/or facilities lease rent, utility rates, property taxes, insurance, advertising, variable mortgage interest rates, employee costs, normal repair and maintenance, and other considerations, including, but not limited to, rehabilitation work, capital improvements, upgrading and addition of amenities or services, net operating income, and the level of rent necessary to permit a just and reasonable return on the owner’s property.

(2) In applying the foregoing factors, the hearing officer shall utilize the maintenance of the net operating income (MNOI) formula. Under the MNOI allowable gross rents are calculated as follows: all operating expenses for the 12month period ending June 30, 1987, are subtracted from all operating expenses for the 12-month period immediately preceding the date of the application for which expense data is available. In the event operating expenses are not available for the period ending June 30, 1987, then expenses for a 12-month period reasonably close to June 30, 1987, may be substituted. The difference shall be added to gross annual rent based on rental rates in effect on July 1, 1987. The sum shall be the allowable gross annual space rent. The allowable gross space rent shall be fairly apportioned between all spaces in the park. The space rent determined under the MNOI formula shall be adjusted as follows:

(a) There shall be an adjustment to allow for inflation calculated as follows: the net operating income (NOI) for the base period shall be calculated by subtracting the park’s operating expenses for the 12-month period ending June 30, 1987, from the park’s annual gross space rent based on the space rent in effect on July 1, 1987. The CPI index for the month most recently available prior to filing the application shall be divided by the CPI index for July 1987. The resulting quotient shall be multiplied by the base period NOI. This shall be the adjusted NOI. The operating expenses for the 12- month period immediately preceding the date of the application for which information is available shall be added to the adjusted NOI. The sum shall be the inflation-adjusted gross space rent. The allowable space rent shall be the greater of the space rent calculated using the MNOI formula and the space rent adjusted for inflation.

(b) In calculating the MNOI, there shall be an adjustment to the gross space rent in effect on July 1, 1987, if the hearing officer determines that the gross space rent in effect on that date did not allow the owner to receive a just and reasonable return on his or her property.

(c) If the hearing officer concludes that the MNOI formula, and the adjustments thereto, does not provide a just and reasonable return to the owner, then the hearing officer may apply any reasonable formula, including a return on investment, a return on fair market value, or return on equity, to determine a space rent which will allow the owner to receive a fair and reasonable return on his or her property.

(Prior Code, § 3996.43)

(D) Hearing; determination.

(1) The hearing officer shall make a final decision no later than 20 days after the conclusion of the hearing. The hearing officer’s decision shall be based on the preponderance of the evidence submitted at the hearing. The decision shall be based on findings. All parties to the hearing shall be advised by mail of the hearing officer’s decision and findings.

• (2) Pursuant to his or her findings, the hearing officer may:

• (a) Permit the requested adjustment to become effective, in whole or in part;

• (b) Deny the requested adjustment; or

• (c) Permit or deny, in whole or in part, requested reductions of, or charges for, facilities or services.

(3) Any decision of the hearing officer shall be final unless, within 15 days after mailing of the decision and findings, the owner, or any affected tenant appeals the decision.

• (4) The hearing officer’s fees and charges shall be paid by the applicant.

(Prior Code, § 3996.44)

• (E) Hearing; appeal.

(1) Any appeal from a decision of the hearing officer shall be filed with the City Clerk. The appellant shall also mail a copy of the appeal to the responding party. The appeal shall state the grounds on which it is based. An appeal filed by a tenant shall be accompanied by a statement containing the names and addresses of the tenants supporting the appeal. The appeal must be supported by at least 51% of the tenants affected by the appeal.

(2) Upon filing of a valid appeal, the City Manager shall obtain a list of no less than seven qualified hearing officers. The hearing officer who previously acted shall not qualify. Owners and tenant representatives may each delete one person from the list of qualified hearing officers within seven days, and three of the remaining persons shall be selected by the City Manager as the appellate panel. Appointment of the appellate panel shall be completed no later than 21 days after filing the appeal.

(3) (a) At the time set for consideration of the appeal, the appellate panel shall review and consider the record of the hearing officer’s hearing as well as the decision and finding of the hearing officer. After review and consideration, the appellate panel may either:

1. Determine that a further hearing shall be held; or

2. Ratify and adopt the decision and findings of the hearing officer.

(b) 1. If a further hearing is conducted, the appellate panel may, upon conclusion of that hearing and in no event more than 30 days thereafter, modify or reverse the decision of the hearing officer, only if the appellate panel finds that there has been an abuse of discretion or that there is no substantial evidence to support the hearing officer’s decision.

2. The appellate panel’s decision shall be final and no appeal may be taken to the Council.

(4) If the party filing the appeal is unsuccessful, then that party shall pay the appellate panel’s fees, charges and costs.

(Prior Code, § 3996.45)

(Ord. 92-5, passed 7-6-1992)

In addition to the rental increases allowable pursuant to § 151.48, upon a vacancy an owner may increase the monthly rental a maximum additional amount of 5% of the rent in effect on the date of vacancy.

(Prior Code, § 3996.50) (Ord. 87-8, passed 12-21-1987; Ord. 90-2, passed 2-20-1990; Ord. 92-5, passed 7-6-1992)

(A) No owner shall demand, accept, or retain more than the maximum rent permitted by this subchapter, and no owner shall impose a prohibited rent increase through the reduction of services, amenities, and the like.

(B) Owners shall keep detailed records concerning the monthly rents and rent increase dates for all spaces in the mobile home park. Such records shall be available for inspection by the city during business hours.

(C) No owner shall bring any action to recover possession of a space subject to the provisions of this subchapter unless:

(1) The tenant has violated an obligation or covenant of her or his tenancy other than the obligation to surrender possession upon proper notice and has failed to cure such violation after having received written notice thereof from the landlord.

(2) The tenant is committing, or permitting to exist, a nuisance on, or is causing substantial damage to, the space, or is creating a substantial interference with the comfort, safety, or enjoyment of the owner or other occupants of the mobile home park.

(3) The tenant is convicted of using or permitting the space to be used for any illegal purpose.

(4) The tenant has refused the owner reasonable access to the space for the purpose of making necessary repairs or improvements required by the laws of the United States, the state, or any subdivision thereof, or for the purpose of inspection as permitted or required by law.

(D) A tenant may refuse to pay any increase in rent which is in violation of this subchapter and such violation shall be a defense in any action brought to recover possession of a space or to collect the illegal rent increase.

(E) It shall be unlawful for any owner to demand, accept, receive, or retain any payment of rent in excess of the maximum lawful rent set forth in this subchapter, or to otherwise violate the provisions of this subchapter. In addition to any other remedies available, a violation of this subchapter shall be a defense in any action brought by an owner to recover possession of a space.

(Prior Code, § 3996.60) (Ord. 87-8, passed 12-21-1987) Penalty, see § 10.99