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-��