Ventura County Mobile Home Park Rent Review Board HearingFebruary 26, 2014

Proposed Amendments to Mobile Home Park Rent Control Ordinance Project No. PL13-0182

Ventura County Planning DivisionFranca A. Rosengren, Case Planner

Request

APPROVE staff’s recommendations regarding proposed amendments to the MHP Rent Control Ordinance No. 4366

ADOPT an Ordinance APPROVING the proposed amendments to the MHP Rent Control Ordinance No. 4366

Request

Project Location

Mobile Home Park Location Map

Ordinance History

1983 – Rent Control Ordinance adopted by Board of Supervisors

1995 – Program Administrative Fee instituted by the Board of Supervisors

2007 – Most recent amendment to the Rent Control Ordinance

Brief History of Ordinance

Background of Proposed Amendments

Background of Proposed Amendments

Significant increase (41% increase) in Program Administration costs over the previous three-year period (2010-2013)

Violations of the Ordinance by a single non-compliant mobile home park (Service Reduction Application)

All park tenants countywide would share the cost for Planning staff time spent investigating and resolving a single non-compliant mobile home park

Background of Proposed Amendments Cont.

Current Ordinance addresses violations of some of the ordinance requirements, such as Section 17 (Civil Remedies) and Section 18 (Penalties)

Current Ordinance does not include language that states that violators will be responsible for all costs incurred by the County in enforcing applicable terms and conditions of the Ordinance

Summary of Proposed Amendments

Summary of Proposed Amendments

Establish an enforcement cost fee recovery system

Correct minor typographical and clerical errors existing in the Ordinance

Summary of Proposed Amendments

Establish an enforcement cost fee recovery mechanism:

Add new language to Section 6 (f)(4) of the Ordinance:

(4) […] determined that the affected tenants’ Service Reduction Application/petition is justified and that a significant reduction in services occurred pursuant to Section 12(c), the subject park owner(s) shall be responsible for all enforcement costs incurred by the County in processing the Service Reduction Application/petition (pursuant to the adopted contract hourly rate), which may include, but are not limited to, inspections, public reports, hearings, staff reports, and communications with the park owner and affected tenants […].

Summary of Proposed Amendments Cont.

Add new language to Section 18(b) [Penalties] of the Ordinance:

(b) Additionally, the County may impose fees and charges on persons as established by resolution adopted by the Board of Supervisors to cover the full costs incurred by the County or its contractors for enforcing activities related to violations of this Ordinance. When the Mobile Home Park Rent Review Board has determined that any person, firm, or corporation has violated any of the provisions of this Ordinance, the violator is responsible for all enforcement costs incurred by the County in enforcing applicable terms and conditions of this Ordinance.

Summary of Proposed Amendments Cont.

Add new language to Section 2 (Definitions) of the Ordinance:

“Violation”. Failure to conform to any provision of this Ordinance.

“Violator”. Any person, firm, or corporation who violates a provision of this Ordinance.

Summary of Proposed Amendments Cont.

Add new language to Section 14 (Retaliatory Eviction) of the Ordinance:

[…] Any action brought within three (3) months of the determination of a request for rent increase, petition, or complaint filed by the tenant, or public testimony of a tenant at a public hearing pursuant to this Ordinance shall be presumed to be retaliatory; […]

Add new language to Section 15 (Other Retaliation) of the Ordinance:

a) It shall be unlawful for a landlord to retaliate against a mobilehome owner or tenant or tenants for organizing, petitioning government for rent relief, providing public testimony at a hearing, or exercising any right granted under this Ordinance. […]

Summary of Proposed Amendments Cont.

Minor Clerical and Typographical Corrections:

Revisions do not change or affect any existing policies and are simple meant to edit, clarify, and make consistent the language of the entire Ordinance.

Example: Change from the use of the word “resident” or “homeowner” to use of word “tenant”.

Environmental Document

California Environmental Quality Act (CEQA)

The Project no. PL13-0182 (amendments to Ordinance) is exempt from CEQA for the following reason:

Public Resources Code Sec. 21080 (b) (8) and CEQA Guidelines Secs. 15273(a) and 15061(b)(3) exempts the establishment or approval of rates or other charges by public agencies for the purpose of meeting operational expenses, and there will be no significant effect on the environment

Public Hearing Notice

The Agenda (Hearing Notice) was e-mailed and posted at the following locations, 72-hours prior to the hearing:

Public Notices Bulletin Board at the County Government Center

Planning Division website

E-notification system

Interested parties list

Public Hearing Notice

Recommended Actions

Recommended Actions1.CERTIFY that your Board has reviewed and considered the staff report and all exhibits thereto, and has considered all comments received during the public comment process;

2.DIRECT staff to forward the Mobile Home Park Rent Review Board's recommendations to the Board of Supervisors; and,

3. ADOPT a resolution recommending that the Board of Supervisors take the following actions related to proposed amendments to the Mobile Home Park Rent Control Ordinance:

Recommended Actions cont.

a. CERTIFY that your Board has reviewed and considered the Mobile Home Park Rent Review Board staff report and all exhibits thereto, including Exhibit 4, and has considered all comments received during the public comment process;

b. FIND on the basis of substantial evidence in the record as set forth in Section B of the Mobile Home Park Rent Review Board staff report that the proposed Ordinance amendments are exempt from CEQA pursuant to CEQA Guidelines and the Public Resources Code;

Recommended Actions cont.

c. FIND based on the substantial evidence presented in Sections A and B of the Staff Report, and the entire

record, that the Mobile Home Park Rent Control Ordinance Text Amendment PL13-0182 is in the

public interest;

d. ADOPT an Ordinance APPROVING PL13-0182;

e. SPECIFY the Clerk of the Board of Supervisors as the custodian of the documents and materials that constitute the record of proceedings upon which this decision is based.

Board of Supervisor’s Hearing

The first reading to the BOS of the proposed amendments to the Ordinance will be:

April 22, 2014 – 10:30 a.m. time certain

Questions