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Ordinance - 1621ORDINANCE NO. 1621 • AN ORDINANCE OF THE CITY OF WEST COVINA IMPOSING A MORATORIUM ON RENT INCREASES FOR MOBILEHOME SPACES AND DECLARING THE URGENCY THEREOF THE CITY COUNCIL OF THE CITY OF WEST COVINA DOES ORDAIN AS FOLLOWS: Section 1. Definitions. For the purposes of this ordinance, the following words, terms, and phrases shall be construed as defined in this section. A. "Mobilehome" shall mean a vehicle, other than a motor vehicle or recreational vehicle, designed or used for human habitation. B. "Mobilehome Park" shall mean any area of land within the City of West Covina where two or more mobilehome spaces are rented, or held out for rent, to accommodate mobilehomes used for human habitation. C. "Mobilehome Space" shall mean the site within • a mobilehome park intended, designed, or used for the location or accommodation of a mobilehome and any accessory structures or appurtenances attached thereto or used in conjunction therewith. D. "Owner" shall mean the owner or operator of a mobilehome park or an agent or representative authorized to act on said owner's or operator's behalf in connection with the maintenance or operation of such park. E. "Rent" shall mean the consideration paid for the use or occupancy of a mobilehome space. F. "Tenancy" shall mean the right of a tenant to use or occupy a mobilehome space. G. "Tenant" shall mean a person who has a tenancy in a mobilehome park. Section 2. Rent Increase Moratorium. Beginning on the effective date of this ordinance, an owner shall not demand, accept, or retain rent for a mobilehome space exceeding the rent in effect for said • space on January 1, 1984. If a previously rented mobilehome space was not rented on January 1, 1984, the owner shall not demand, accept, or retain rent for said space exceeding the rent in effect during the last month the space was rented prior to January 1, 1984. If a mobilehome space is rented for the first time after January 1, 1984, the owner shall not demand, accept, or retain rent for said space exceeding the rent first charged for the space. Section 3. Refusal of Tenant to Pay Illegal Rent. • A tenant may refuse to pay any rent in excess of the maximum rent permitted by this ordinance. The fact that such unpaid rent is in excess of the permitted maximum rent shall be a defense in any action brought to recover possession of a mobilehome space or to collect the illegal rent. Section 4. Remedies. A. Any person who demands, accepts or retains any payment of rent in violation of this ordinance shall be liable in a civil action to the person from whom such payment is demanded, accepted or retained for damages in the sum of three times the amount by which the payment or payments demanded, accepted, or retained exceed the maximum rent which could be lawfully demanded, accepted, or retained together with reasonable attorneys' fees and costs as determined by the court. B. Any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the provisions of this ordinance shall be punishable by a fine of not more than $500.00 or by imprisonment for a period of time not exceeding six months, or by both. Each violation of any • provision of this ordinance, and each day during which any such violation is committed or continued shall constitute a separate offense. Section 5. Expiration of Moratorium. This ordinance shall expire and terminate one. hundred and twenty (120-) days after the date.of adoption hereof. Section 6. There exists in the City of West Covina and the surrounding area a shortage of mobilehome spaces which has resulted in a low vacancy rate and rapidly rising space rents. The purchase of a mobilehome involves a substantial investment, and their relocation is expensive and difficult. Due to the foregoing, the City is reviewing and considering a proposed ordinance which would regulate the rents charged for mobilehome spaces. In the meantime, .if a temporary moratorium on rent increases is not immediately imposed, substantial rent increases are likely to occur. Such increases would defeat the intent and purpose of the proposed ordinance and substantially impair its effective implementation. . This ordinance affects the public peace, health, and safety and shall take effect immediately. PASSED, APPROVED, AND ADOPTED this 9th day of January, 1984. - _... M YOR ATT T: C ty Clerk -2- State of California ) County of Los Angeles ) City of West Covina ) I, HELENE "!. MOONEY, City Clerk of the City of West Covina, California, �. do hereby certify that the foregoing Ordinance No. 162/ was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 9th day of January, 1984. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 9th day of January, 1984, by the following vote of the Council: AYES: Councilmen: Tice, Tennant, Shearer, Chappell NOES: Councilmen: None ABSENT: Councilmen: Bacon .e ityCerk APPROVED AS TO FORM: 10 C�' �� n 0-1 CitA Atto ney J C E R T I F I C A T I O N State of California. ) County of Los Angeles ) ss. City of West Covina ) I, JANET BERRY, Deputy City Clerk of the City of West Covina., Sta.te of California., do hereby certify that a true and accurate copy of Ordinance No. -I. was published, pursuant to law, in the West Covina Tribune, a newspaper of general circula.tion published and circulated in the City of West Covina. Jty anet Berry, Deputy CiClerk City of West Covina, California Dated_ 1-��