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 park owners should be required to operate and maintain their parks in substantial compliance with applicable codes and particularly in a manner which is not hazardous to the health, safety, and welfare of the residents. Therefore, in order to encourage compliance with code requirements and to protect the health, safety and welfare of park 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 park which would be hazardous 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 park, which is registered with the City, and to the park owner. The park 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 hearing process on the proposed increase or the park 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 park 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. 3255 § 1, 2013; Ord. 3195 § 1, 2011; Ord. 2862 § 1, 2002).