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Home My WebLink About1991-04-23 - AGENDA REPORTS - MH PARK RENT ADJUSTMENT (2)AGENDA REPORT City Manager Approval Item to be presented y• n/ UNFINISHED BUSINESS DATE: April 23, 1991 SUBJECT: Amendment of the Santa Clarita Municipal Code Relating to Manufactured Home Park Rent Adjustment Procedures Ordinance Number: 91-24 DEPARTMENT: Community Development BACKGROUND On April 9, 1991, the City Council directed several amendments to the Manufactured Home Park Rent Stabilization Ordinance be prepared. A draft ordinance is attached in response, which makes four substantive amendments and one non-substantitive amendment as follows: Section 1 of the ordinance would repeal Santa Clarita Municipal Code (SCMC) Section 8.57.030C, which is -the park exemption for parks where more than 66Z of the tenancies are covered by lease. Section 2 of the ordinance would repeal SCMC Section 8.57.070, which also created a park exemption where a "space rent agreement', which may or may not be part of a formal lease, is consented to by one adult resident of more than 66% of the park tenancies. Section 3 would amend Section 8.57.090A to provide that there shall be no space rent increases, except for an annual rent adjustment as provided for in the ordinance. Section 4 provides two amendments which were discussed by the Council at the last meeting. In SCMC Section 8.57.090B, the language requires that the park owner shall provide a Notice of Proposed Rent Adjustment prior to the annual rent adjustment. Additionally, the notice shall set forth several pieces -of information, including, at subpart (4) that the park owner -and the resident shall execute a single document related to the annual rent adjustment. Section 5 of the proposed ordinance would renumber Chapter 8.58 of the SCMC to Chapter 6.02. Recently, the City Council adopted an ordinance which set out the outline for the SCMC. The Los Angeles County Code, previously adopted by reference as the City Code, has a Title 8 relating to consumer protection. As part of the Comprehensive Municipal Code adoption, Title 6 has been reserved for future use. This office recommends that Title 6 be assigned as "Consumer Protection" and include the Manufactured Home Park Rent Stabilization Ordinance. This would be the first chapter of Title 6. 74�1`" '"i I APPROVED Agendaltem- Amendment to the Santa Clarita Municipal Code Relating to Manufactured Home Park Rent Adjustment Procedures April 23, 1991 Page two RECOMMENDATION Receive and review the draft ordinance, direct staff to distribute to interested parties, and set for adoption at the May 14, 1991 City Council meeting. ATTACHMENT Draft Ordinance 91-24 LMH:scw:608 04/17/91 13:54 %292132362700 BW&S LA MAIN --- CITY HALL Z 004/006 ORDINANCE NO. 91-_Q_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING.CHAPTER 8.58 OF THE SANTA CLARITA MUNICIPAL CODE RELATING TO MANUFACTURED HOME PARR RENT ADTUSTMENT PROCEDURES THE CITY COUNCIL OF THE .CITY OF SANTA CLARITA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION j,. The subsection C of Santa Clarita Municipal Code Section 8.57.030 is hereby repealed. SECTION 2,. Section 8.57.070 of the Santa Clarita Municipal Code is hereby repealed in its entirety. SECTION 1. The Santa Clarita Municipal Code is hereby amended at section 8.57.090A to read as follows: A. Prohibition of AdiMltments. No increase in space rent shall be permitted except for an annual rent adjustment as provided for herein. SECTION A. The Santa Clarita Municipal Code at subsection 8.57.0908 is hereby amended at the paragraph entitled "Notice" and at subpart (4) to read as follows: S. Notice.. Prior to the annual rent adjustment, the park. owner shall provide the resident with a Notice of Proposed Rent Adjustment at least 60 days prior to the effective date of such.adjustment. A Notice of Rent Adjustment shall set _forth all of the following information: (4) The park owner and resident shall execute a single document related to the annual rent adjustment, stating that the information, documents or notices required by this section have been received by the tenant. The original of the document acknowledging receipt of 04/17/91 13:55 '&92132362700 BW&S LA MAIN »»» CITY HALL fpj005/006 information, documents or notices required by this section shall be retained by the owner and a copy thereof provided to the resident. In the event a resident fails or refuses to execute the document required herein within ten (10) -days after park owner's request that the tenant do so, the park owner shall prepare a declaration under penalty of perjury stating that the information, documents, or notices required by this section have been, delivered to the resident, the date the park owner requested the resident to sign the joint document acknowledging receipt, and the date the declaration was executed. The remainder of Section 8.57.0090 shall remain unchanged. SECTION 5. Chapter 8.57 of. the Santa Clarita Municipal Code is hereby amended to renumber the entire chapter to 6.02. The numbering for each section shall hereby be 6.02.010, at seq. Title 6 is hereby entitled "Consumer Protection. It SECTION A. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be Published as required bylaw. 19_. PASSED AND APPROVED. this day of , MAYOR ATTESTS CITY CLERK -2- tbm/ORN127080 U4/1//bi 13:00 D yG13L3bL 1 U GNBS LA VAIN -^" C:III HALL La 000/000 1 + STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF SANTA CLARITA as. I. , City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance Na. was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the day of , 19_. That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of , 19_, by the following vote, to wit: AYESt COUNCILMEMBERS: NOES: COUNCILMEMSERS: ABSENT: COUNCILMEMBERS: CITY CLERK -3- tbm/ORN127080 °.a