HomeMy Public PortalAbout79-470U ORDINANCE NO. 79-470 U
AN ORDINANCE OF THE CITY OF CARSON
IMPOSING A MORATORIUM ON RENT
INCREASES FOR MOBILEHOME SPACES
AND DECLARING THE URGENCY THEREOF
THE CITY COUNCIL OF THE CITY OF CARSON 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 Carson 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 mobile-
home space exceeding the rent in effect for said space on
May 1, 1979 . If a previously rented mobilehome space was
not rented on May 1, 1979, 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 May 1 , 1979 .
If a mobilehome space is rented for the first time after May 1,
1979, the owner shall not demand, accept, or retain rent for
said space exceeding the rent first charged for the space.
r)rd. No. 74-4700."Page 2
Section 4. 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
, shall
a mobilehome space or to collect the illegal rent.
Section 5 . Remedies.
A. Any person who demands , accepts or retains any
payment of refit 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 6. Expiration of Moratorium.
This ordinance shall expire and terminate ninety
(90) days after the date of adoption hereof.
Section 7. There exists in the City of Carson 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 23rd day of
may, 1979 .
O
ATTEST:
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9
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CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON )
I, Helen S. Kawagoe, City Clerk of the City of Carson, California, do
hereby certify that the whole number of members of the City Council of said City is five;
that the foregoing ordinance, being Ordinance No. 79-47OU was duly adopted by the
City Council of said City on an urgency basis at a regular meeting of said Council, duly
and regularly held on the 23rd day of May 1979, and that the same was
so passed and adopted by the foFlowing roll call vote:
AYES: COUNCIL MEMBERS: Bridgers, Marbut, Smith and Colas
NOES: COUNCIL MEMBERS: None
B €t lTr COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: Yamamoto
CI erk, City of C rson, a ifomia