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HomeMy WebLinkAboutOrdinance 1564 (Mobilehome Rent Stabilization)CLERK'S CERTIFICATE I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Ex -officio Clerk of the Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1564 entitled: "AN ORDINANCE OF THE CITY OF SAN RAFAEL - ADDING TITLE 20 TO THE MUNICIPAL CODE OF SAN RAFAEL ENTITLED MOBILEHOME RENT STABILIZATION ORDINANCE" is a true and correct copy of an ordinance of said City and was introduced at a Reqular meeting of the City Council of the City of San Rafael, held on the 21st day of Auaust , 1989, published as required by City Charter in the Marin Independent Journal , a newspaper published in the City of San Rafael and passed and adopted as an ordinance of said City at a Reaular meeting of the City Council of said City held on the 5th day of September , 1989, by the following vote, to wit: APES: COUNCILblEMBERS: Boro, Frugoli, Thayer & Vice -Mayor Breiner NOES: COUNCI LMENIBERS : None ABSENT: COUNCILME03ERS: Mayor Mulryan WITNESS my hand and the official seal of the City of San Rafael this Sixth day of September , 1989. JEANN4� M. LEONCIN City Clerk ORDINANCE NO. 1564 AN ORDINANCE OF THE CITY OF SAN RAFAEL - ADDING TITLE 20 TO THE MUNICIPAL CODE OF SAN RAFAEL ENTITLED MOBILEHOME RENT STABILIZATION ORDINANCE THE COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: follows: 20.01.010. Findings. The City Council of the City of San Rafael hereby finds as A. There is presently within the City of San Rafael and the surrounding areas, a shortage of lots for the placement of mobilehomes. B. Mobilehomes presently constitute an important source of housing for persons of low and moderate income. C. A large number of persons living in mobilehomes are elderly, some of whom live on small fixed incomes. These persons may expend a substantial portion of their income on rent and may not be able to afford other housing within the City of San Rafael. D. There is an extremely low vacancy rate in mobilehome parks within the City, with no lots presently available in some or all of the mobilehome parks within the City. E. Rents for lots within mobilehome parks have, in the few years preceding adoption of this ordinance by the City, increased substantially, in parks within the City and other areas of the State. F. Homeowners residing in mobilehome parks have very limited mobility because it is difficult and costly to move mobilehomes; therefore, such homeowners are forced to accept and pay substantially increased rents. G. There is a potential for damage while moving mobilehomes from one site to another and a considerable amount of cost for landscaping, awning installations, and site preparation after such a move. H. The San Rafael General Plan 2000 Housing Policy H-8 recommends maintaining the City's existing stock of lower cost units of which the Contempo Marin mobilehome park is an example. I. Owners of mobilehome parks provide an important housing source for residents of the City of San Rafael. Unduly restrictive rent review ordinances can operate to discourage the establishment of ORIGINAL ORDINANCE NO. 1564 new and the expansion of existing mobilehome parks in the City; to encourage owners to convert their mobilehome parks to other uses; and adversely affect the maintenance and other services offered by mobilehome parks, thereby exacerbating the shortage of mobilehome lots and the quality of life in mobilehome parks. J. It is the purpose of this ordinance to establish a speedy and efficient method of reviewing rent increases in mobilehome parks to protect homeowners from arbitrary, capricious, or unreasonable rent increases while insuring owners and investors a fair and reasonable return and encouraging competition in the provision of mobilehome lots. 20.01.020. Chapter 20 of the San Rafael Municipal Code is hereby enacted to read as follows: CHAPTER 20 MOBILEHOME RENT STABILIZATION ORDINANCE 20.02.020. Definitions. A. "Arbitration" is a process much like a trial where the arbitrator listens to both sides and makes a decision (called an award) for the disputing parties. B. "Capital improvements" means those new improvements which directly and primarily benefit and serve the existing mobilehome park homeowners by materially adding to the value of the mobilehome park, appreciably prolonging its useful life, or adapting it to new uses, and which are required to be amortized over the useful life of the improvements pursuant to the provisions of the Internal Revenue Code and the regulations issued pursuant thereto. "Capital improvements costs" shall mean all costs reasonably and necessarily related to the planning, engineering and construction of capital improvements and shall include debt service costs, if any, incurred as a direct result of the capital improvement. C. "Capital replacement" means the substitution, replacement or reconstruction of a piece of equipment, machinery, streets, sidewalks, utility lines, landscaping, structures or part thereof of a value of five thousand dollars ($5,000.00) or more which materially benefits and adds value to the mobilehome park. Capital - 2 - ORDINANCE NO. _1564 replacement costs shall mean all costs reasonably and necessarily related to the planning, engineering and construction of capital replacement and shall include debt service costs, if any, incurred as a direct result of the capital replacement. D. "Debt service costs" means the periodic payment or payments due under any security or financing device which is applicable to the mobilehome park including any fees, commissions, or other charges incurred in obtaining such financing. E. "Designated representative" means a person appointed in writing by an owner, a homeowner, or a group of homeowners and authorized to represent the interest of, negotiate on behalf of, and bind the appointing party. F. "Filing" means actual receipt of the item being filed by the person designated in this chapter to receive the item, or by his or her designee. G. "Maintenance and operation costs" means all expenses, exclusive of costs of debt service, costs of capital improvements, and costs of capital replacement, incurred in the operation and maintenance of the mobilehome park, including but not limited to: real estate taxes, business taxes and fees (including fees payable by landlords under this chapter), insurance, sewer service charges, utilities, janitorial services, professional property management fees, pool maintenance, exterior building and grounds maintenance, supplies, equipment, refuse removal, and security services or systems. H. "Mediation" is a voluntary process by which disputing parties come together with a professionally trained mediator who helps them clarify their differences and design their own agreement. I. "Mobilehome" means a structure as defined in Section 789.3 of the Civil Code as follows: "Mobilehome" is a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the Vehicle Code. Mobilehome includes a manufactured home, as defined in Section 18007 of the Health and Safety Code, and a mobilehome, as defined in Section 18008 of the Health and Safety Code, but does not include a recreational vehicle, as defined in Section 799.24 of this code and Section 18010 of the - 3 - ORDINANCE NO. 15614r - Health and Safety Code or a commercial coach as defined in Section 18001.8 of the Health and Safety Code. J. "Mobilehome owner" or "homeowner" means any person legally occupying a mobilehome dwelling unit pursuant to ownership thereof within a mobilehome park and holding a rental or lease agreement with the park owner. K. "Rent" means the consideration, including any bonus, benefits or gratuity, demanded or received in connection with the use and occupancy of a mobilehome lot in a mobilehome park, including services and amenities, but exclusive of any amounts paid for the use of the mobilehome dwelling unit. L. "Rent increase" means any additional rent demanded of or paid by a homeowner for a rental lot and related amenities, including any reduction or elimination of amenities without a corresponding reduction in the monies demanded or paid for rent. M. "Rental lot" means a lot rented in a mobilehome park or offered for rent in the City of San Rafael for the purpose of occupancy by a mobilehome with all services connected with the use or occupancy thereof. N. "Services" means those facilities which enhance the use of the rental lots,including, but not limited to, repairs, replacement, maintenance, painting, heat, hot and cold water, utilities, security devices, laundry facilities and privileges, janitorial service, refuse removal, telephone service, and meeting, recreational, and other facilities in common areas of the mobilehome park in which the lots -are located. 20.03.030. Applicability. The provisions of this chapter apply only to mobilehome parks which contain mobilehomes as defined in this ordinance and to the mobilehomes within such parks. 20.04.040. Increases Subject to Review; Exceptions. A. Except as provided in B, below, any rent increase other than on turnover, proposed to take effect on or after October 16, 1989, shall be subject to this chapter. - 4 - ORDINANCE NO. 1564 B. The following rent increases shall be exempt from review under this chapter: 1. Except as provided in Section 20.04.040 (2) and (3) an increase in rent for any mobilehome lot in any 12 month period which is equal to or less than the rent charged on the date 12 months prior to the date the increase is to take effect, multiplied by a cost of living factor and rounded off to the nearest dollar. The cost of living factor shall be as follows: One Hundred Percent 1.00 (CPI/C) where CPI/C is equal to or Seventy-five Percent .75 (CPI/C) Sixty-six Percent .66 (CPI/C) less than five percent (5%); but in no event, less than (3%) per year. or five percent (5%), which- ever is greater, where CPI/C is greater than five percent (5%) and equal to or less than 10 percent (10%). or seven and a half percent (7.5%), whichever is greater, where CPI/C is greater than 10 percent (10%). "CPI/C" shall mean the percentage change in the consumer price index for California, All Urban Consumers, San Francisco - Oakland -San Jose areas, as published by Bureau of Labor Statistics, San Francisco, over the most recent twelve month period for which figures are available through the month before the month preceding the date notice of the rent increase is given. The most recently published CPI figure available at the time the rent increase notice is given shall be used for the calculation. The City of San Rafael will supply to each Park Owner/Representative the published CPI figure to be used in any rent increase. Each park owner/representative shall M&M ORDINANCE NO. 1564_ post such document in a conspicuous place in the park office or office area, where it can easily be seen by the park homeowners. 2. If a tenancy is terminated voluntarily by a resident, or as a result of lawful termination of a lease or rental agreement for the mobilehome, the park owner may increase the rent to any amount upon re -rental or re -lease of the mobilehome lot provided that upon re -rental or re -lease of the mobilehome lot future rental increases shall be subject to this ordinance. 3. Rent increases in any mobilehome park consistent with a written lease agreement entered into by the owner and the lessees of more than fifty percent (50%) of the rental lots located in the park. The lease agreement shall specify the rent to be charged each lot and shall be for a single specified term. The lease agreement must be executed by the owner and the individual lessees of the mobilehome lots. This exemption shall apply during the term of the agreement. 20.05.050. Notices. Sixty (60) days prior to any increase in rents, the owner shall provide each homeowner with written notice setting the amount of the proposed increase, the then current rent and whether or not in the owners opinion such increase is exempt from review under the provisions of this chapter. A copy of the notice, together with a detail as to which lots within the park will be affected, shall be provided to the City Manager at the same time. 20.06.060. Limitations on Rent Increases. Each park owner/representative shall, by November 1, 1989, establish an anniversary date for all lot increases, and such yearly increases, if any, except as specified below, shall be enacted only on the anniversary date of that park, which date shall also be posted in the park office or office area where it can easily be seen by the park homeowners. The increases allowed by the terms of this ordinance shall be applied equally on such annual basis to all lots subject to an increase as provided herein. The renters of those lots having a different anniversary date than that established by the Park Owner/Representative shall pay only a CPI adjustment on his/her rent =:= ORDINANCE NO. 1564. until the next anniversary date, at which time the formula set forth below shall be used for future increases. The Park Owner/Representative shall notify the City Manager's office of the City of San Rafael in writing of such anniversary date on or before November 1, 1989. Any resident homeowner of any park who has become a resident homeowner within the three months preceding the anniversary date for an anticipated rent increase, shall be excluded from such rent increase, as may occur on the anniversary date of the park until such time as three months shall have elapsed, at which time any rent increase imposed against them shall not exceed the amount imposed against all other lots in the park. In calculating the amount of increase allowed, the Park Owner/Representative shall use the average rent per lot subject to the terms of this ordinance. This figure shall be determined by dividing the number of lots subject to the terms of this ordinance into the total gross rent receipts received from those lots. The CPI increase shall then be applied to that average lot rent, to determine the actual dollar increase. The calculations showing the amount of anticipated increase and how the increase was determined shall both be posted in the office or office area where it can easily be seen by the park homeowners and a copy forwarded to the City Manager's office of the City of San Rafael. 20.07.070. Petition Filing. Any homeowners who will be or have been subjected to a proposed rental or service charge increase, not exempted by the provisions of Section 20.04.040, may initiate a rent review hearing process by filing a petition, within thirty (30) days of the date of notice, signed by homeowners representing more than fifty percent (50%) of the lots subject to the increase, with the San Rafael City Manager. The homeowners shall provide the park owner or park owners' representatives with a copy of such petition at the same time that it is filed with the City Manager. Such petition shall include the 7 ORDINANCE NO. 1564-. names, addresses, and telephone numbers of the authorized homeowner representative(s). 20.08.080. Petition -Form. A petition for mediation or arbitration must be filed with the City Manager on the form prescribed by the City and must be accompanied by such supporting material as is necessary to clearly support the request. The petition shall contain the following certification: "I certify under penalty of perjury that the foregoing is true and correct." The petition shall be dated and subscribed by the petitioners and the place of execution shall be specified. 20.09.090. Cost of Filing. The filing of a petition shall be accompanied by a cash deposit in the amount of four times the then current hourly rate charged by the Marin County Mediation Services. Upon receipt of the petition and filing fee from the homeowners, the City Manager shall notify the park owner of the receipt of the petition and shall require from the park owner a like cash deposit. All or part of said cash deposits shall be used to pay for the City's administration costs and the mediation services established hereunder. The filing fees may be adjusted by City Council resolution from time to time to reflect cost increases. 20.10.100. Petition -Effect of Timely Filing. Upon filing of a timely and completed petition, that portion of the requested and noticed rental increase (and only that portion) which exceeds the amount exempted under Section 20.04.040 shall not take effect unless and until such time as there is a mediation agreement or an arbitrator allows such increase or portion thereof pursuant to the provisions of this chapter. That portion equal to the amount exempted under Section 20.04.040 shall be allowed to take effect as noticed. ORDINANCE NO. 1564f--' 20.10.110. Mediation. Upon receipt of a timely filed and completed petition for mediation, the City Manager shall refer the petition to the Marin County Mediation Services. In addition, the City Manager may from time to time employ the services of an accountant to supply information to the mediator or arbitrator such as the past twelve months CPI, a profit income to revenue statement, a profit income to investment statement, or such other financial data as may be independently required for or requested by the mediator or arbitrator. In such event, the cost of such accountant may be paid from the filing fees or by the City from redevelopment low and moderate income set aside funds. B. Any tenant(s) believing that any of the provisions of this ordinance are being violated, shall give written notice of such alleged violation(s) to the park Owner/Representative and the Park Owner/Representative shall respond in writing within thirty days, denying such allegations or agreeing to correct such violation(s) within the following thirty days. In the event that the Park Owner/Representative shall deny any or all of the allegations and refuse to take corrective action within the following thirty days, the tenant(s) shall have the right to have the matter arbitrated pursuant to Section 20.10.130 herein. The party seeking mediation, if successful, may recover all actual costs including but not limited to filing fees, attorneys fees, accounting fees, expert witness fees, plus an amount to be decided by the mediator not to exceed the sum of five hundred dollars ($500.00) as and for expenses related to travel, meals and non expert witness time for preparation and/or testimony. C. Within thirty (30) days of the date that the City Manager notifies the park owners of the filing of petition under 20.09.090, the parties shall provide all information that is reasonably available that the mediator deems necessary to resolve the dispute. Failure to provide the requested information may be deemed a refusal to mediate in good faith. All information submitted shall be in writing and shall be certified in the same manner as set forth in Section 20.08.080. Mom ORDINANCE NO. 1564 D. In the event that the parties agree to a specific rental increase, the mediator shall prepare a mediation agreement so specifying between the owner and the affected homeowners. The mediation agreement shall be executed by the owner and the affected homeowners, or designated representatives. A copy of the agreement shall be sent to the City. If the mediation process fails to establish a mutually agreed amount of rental increase within (30) days, or sooner as hereinafter provided, or if at any time during the mediation process, the mediator may determine that there is an impasse, or that further mediation is impractical or not likely to be of further value, the mediator shall recommend the matter for arbitration and shall so notify the City in writing. 20.10.120. Request for Arbitration. A request for arbitration may be made either by the owner or by the affected homeowners in the affected mobilehome park. A request for arbitration shall be made by filing the request in writing with the City Manager no later than seven (7) working days after the postmarked date that the mediator's recommendation is mailed to the parties under Section 20.10.100. Requests for arbitration by homeowners shall include the name and signature and rental lot number(s) of homeowner's designated representative in the request for arbitration. 20.10.130. Arbitration - Paying All Costs The party requesting such arbitration shall be responsible for paying all costs associated with the selection and retention of the arbitrator, provided, that if the arbitration is requested by the owner, and the final arbitration award is eighty percent (80%) or more of the increase requested by the owner, not previously granted by an arbitrator, the owner shall be allowed to pass the cost through to the homeowners, spread over a one-year period in addition to any increase allowed. If the arbitration is requested by the homeowners and the final arbitration award is eighty percent (80%) or more of the reduction requested by the homeowners, not previously granted by an arbitrator, the owners shall refund such cost in a lump sum to the - 10 - ORDINANCE NO. 1564 homeowners' representative within thirty (30) days to be distributed to the contributing homeowners in accordance with their contributions. 20.10.140. Arbitration Without Mediation. Upon the mutual request of the parties to a rent increase dispute, a petition may be referred directly to arbitration without mediation. Such a request must be in writing, signed by all parties, or their representatives, and filed with the City Manager prior to selection of an arbitrator. In this event only, the fee of the arbitration shall be divided equally between the homeowners and the owner and not awarded in accordance with the provisions of Section 20.10.130. 20.10.150. Arbitration -Process. A. Upon receipt of a timely and completed request for arbitration, the City Manager shall refer the petition to arbitration. B. An arbitrator shall be appointed in the following manner: Either interested party may submit to the City Manager a list of three nominees who are members of the American Arbitration Association. The nominees shall be experienced professional arbitrators with particular expertise in rental disputes arbitration or with experience or training showing the capabilities to deal with the issues found in the rental dispute. The lists of nominees shall include the resumes of each detailing their qualifications. To be eligible for nomination, the arbitrator shall not own an interest in a mobilehome park, shall not be a resident of a mobilehome park, and shall not be an employee, officer, member or otherwise affiliated with any group or organization which has or is viewed by a significant number of owners or homeowners as having taken advocacy positions in rent control matters. The City Manager shall review the lists, conduct such investigation and/or interviews as he deems necessary, and consult with both parties in an attempt to select an arbitrator acceptable to both. In the event of disagreement by either party or both of the parties, the City Manager's selection shall be final. ORDINANCE NO. 1564 r" C. The arbitrator shall conduct a hearing with the parties, and/or their designated representatives, within thirty (30) days of the date the arbitrator was selected. At the option of the arbitrator, the arbitrator may choose to meet only with the designated representatives of one of the parties at a time. During this hearing process, the concerns of each party shall be discussed, and the arbitrator shall indicate the amount and nature of further information he will need from any party in order to reach a determination. All information submitted shall be in writing and shall be certified in the same manner as set forth in Section 20.08.080. The burden of proof regarding the reasonableness or unreasonableness of the rent increase shall be on the party requesting arbitration. Each party shall comply with the arbitrator's request for information within ten (10) working days of the request. The arbitrator may proceed under this part regardless of whether any party defaults in providing any of the requested information. 20.10.160. Arbitration -Determination. After reviewing the record and any additional evidence requested of the parties which has been provided, the arbitrator shall determine the amount of allowable rental increase, if any, in accordance with the standards of Section 20.06.060, if applicable, and Section 20.10.180, and the increase, if any, shall be effective as of the date for which it was originally noticed. 20.10.170. Arbitration -Determination Final -Conditions. The determination of the arbitrator shall be final, and shall be delivered to the City Manager and the parties in writing, together with the written findings of fact supporting such determination within fifteen (15) working days of the hearing provided in Section 20.10.150. The arbitrator's allowance or disallowance of any rent increase or portion thereof may be reasonably conditioned in any manner necessary to effectuate the purposes of this chapter. - 12 - ORDINANCE NO. 1564 20.10.180. Standards of Reasonableness to be Applied to Rent Increases. Arbitrators shall determine whether rent increases are reasonable under the circumstances, taking into consideration that the purpose of this chapter is to permit owners a fair and reasonable return on their investment, while protecting homeowners from arbitrary, capricious, or unreasonable rent increases in light of the mobilehome housing market conditions in the surrounding areas and appropriate provisions of the City's General Plan. The arbitrator's determination shall be made with reference to the following standards: A. Increases deemed reasonable. Where the amount of the proposed rental increase consists only of passing through one or more of the following: 1. Costs of capital improvements approved by a majority of the occupied lots within the park. 2. Costs of capital replacement in excess of five thousand dollars ($5,000) approved by a majority of the occupied lots within the park. Any improvements or replacements regardless of the amount, when such improvements or replacements have been ordered by a court of competent jurisdiction, any city, county or state agency, or are of an emergency nature and required to preserve the health and safety of the homeowners. Costs of capital improvements, if any, must be averaged on a per lot basis, and amortized over a period of not less than sixty (60) months, and are to be treated as an assessment to be paid off over not less than sixty (60) months, and excluded from the rent amount on which calculations of future rent increases are based; Costs of capital replacements, if any, must be averaged on a per lot basis, and amortized over a period not less than thirty-six (36) months, and are to be treated as an assessment to be paid off over not less than thirty-six (36) months; and excluded from the rent amount on which calculations of future rent increases are based; Costs of capital improvements or capital replacement may be passed through only if related to capital improvement or =-a= ORDINANCE NO. 156' capital replacement work completed during the twelve (12) months preceding the date notice of the rent increase is given and not to any work in progress at the time of any rent increase is given. foregoing. B. Standards applicable to rent increases which exceed the 1. In order to assure the owners a fair and reasonable return, the arbitrator shall, when the amount of any rent increase or portion thereof exceeds any of the foregoing standards under subsection A of this Section, determine what is reasonable under the circumstances, taking into account all relevant factors, including the following: a. Debt service costs due to refinancing, subject to paragraph 2, below; b. Debt service costs due to sale, subject to paragraph 3, below; including: amounts; measure; C. The rental history of the mobilehome park, (1) The presence or absence of past increases; (2) The frequency of past rent increases and the (3) The owner's response to any tax -reduction (4) The occupancy rate of the mobilehome park in comparison to comparable units in the same general area. d. The physical condition of the mobilehome park, including the quantity and quality of maintenance and repairs performed during the last twelve (12) months; e. Any increases or reduction in services during the twelve (12) months prior to the effective date of the proposed rent increase; f. Other financial information which the owner is willing to provide; g. Existing market value of rents for lots in communities with housing comparable to San Rafael. h. Cost to replace the park. - 14 - ORDINANCE N0. 156' 2. In the case of a refinancing (other than a refinancing for capital improvements or capital replacement) the debt service costs of which are included as a capital improvement cost under Sections 20.02.020 A & B, a rent increase to cover the increased costs of debt service shall not be allowed unless not allowing the increase would place a demonstrable financial burden on the continued operation of the mobilehome park. If the proposed rent increase for debt service meets this criteria, the arbitrator may allow all or part of the requested increase, taking into account the following factors: a. The purpose of the refinancing; b. The arms length nature of the transaction; C. The owner's rate of return on the investment; d. The frequency of past resales or refinances; e. The extent to which prior rental increases have made provisions for appreciation of asset value; and f. Any other factors the arbitrator deems relevant. 3. In the case of increased costs of debt service due to a sale, a rent increase shall not be allowed if, at the time the property was acquired, the owner could reasonably have foreseen such increased expenses would not be covered by the rent schedule then in effect. 4. In determining an owner's fair and reasonable return, the arbitrator shall consider all relevant factors, such as the owner's investment in the mobilehome park and the owner's net operating income; provided, that the determination may include a review of the replacement cost of the park. In any determination of what constitutes a reasonable rent increase under the circumstances, the arbitrator shall consider and weigh evidence establishing the nature and extent of any violations by either the owner or homeowners of the City of San Rafael building and housing codes. Any rent increase may be disallowed, reduced, or made subject to reasonable conditions, depending on the severity of such violations. - 15 - ORDINANCE NO. 15E 20.10.190. Services. During the term of operation of this chapter, no owner shall reduce or eliminate any service to any rental lot unless a proportionate share of the cost savings, due to such reduction or elimination, is simultaneously passed on to the homeowner in the form of a decrease in existing rent or a decrease in the amount of a rent increase otherwise proposed and permitted by this chapter. 20.10.200. Tenant Remedies. A. If notice required by Section 20.05.050 is not provided, the homeowner may withhold the rent increase until such notice is provided. B. In any action for recovery of rent or for unlawful detainer based on nonpayment of rent, the homeowner may defend the action on the ground that the amount of rent claimed is in excess of the rent allowed by this chapter. C. Any homeowner(s) believing that any of the provisions of this ordinance are being violated, shall give written notice of such alleged violation(s) to the Park Owner/Representative and the Park Owner/Representative shall respond in writing within thirty days, denying such allegations or agreeing to correct such violation(s) within the following thirty days. In the event that the Park Owner/Representative shall deny any or all of the allegations and refuse to take corrective action within the following thirty days, the homeowner(s) shall have the right to have the matter arbitrated pursuant to Section 20.10.140 herein. The party seeking arbitration, if successful, may recover all actual costs including but not limited to filing fees, attorneys fees, accounting fees, expert witness fees, plus an amount to be decided by the arbitrator not to exceed the sum of five hundred dollars ($500.00) as and for expenses related to travel, meals and non -expert witness time for preparation and/or testimony. D. Nothing in this Section is intended to limit or preclude any other lawful defense, cause of action or claim of the homeowner or Park Owner in a Court of competent jurisdiction. - 16 - ORDINANCE NO. 156` 20.10.210. Retaliation. A. No owner shall in any way retaliate against any homeowner for the homeowner's assertion or exercise of any right under this chapter. Such retaliation shall be subject to suit for actual and punitive damages, injunction relief and attorney's fees and costs. Such retaliation shall also be an available defense in an unlawful detainer action. B. No homeowner shall in any way retaliate against any owner for the owner's assertion or exercise of any right under this chapter. Such retaliation shall be subject to suit for actual and punitive damages, injunctive relief and attorney's fees and costs. 20.10.220. Civil Remedies. If any owner demands, accepts, receives, or retains any payment of rent in excess of the maximum lawful lot rent, as determined under this Ordinance, the homeowners of such park affected by such violation, individually or by class action, may seek relief in a court of appropriate jurisdiction for injunctive relief and/or damages. In any such court proceeding, the prevailing party shall be awarded his reasonable attorney's fees and the Court, in its discretion and in addition to any other relief granted or damages awarded, shall be empowered to award to each affected homeowner civil damages in the sum of not more than three times the total monthly lot rent demanded by the owner from each such homeowner. 20.10.230. Penalties. Any person, firm, or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of the provisions of this Ordinance is committed, continued, or permitted, and upon conviction of any such violation, such person shall be punishable by a fine of not more than $500.00 (five hundred dollars), or by imprisonment for not more than six (6) months, or both such fine and imprisonment. - 17 - ORDINANCE NO. _1 - 20.10.240. Validity. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this ordinance. The City Council of the City of San Rafael hereby declares that it would have adopted the ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases shall be declared invalid. 20.10.250. This ordinance shall be published once in full before its final passage in a newspaper of general circulation, published and circulated in the City of San Rafael, and shall be in full force and effect thirty (30) days after its final passage. 20.10.260. Administration. The City Manager shall establish administrative procedures for the implementation of this ordinance. DOROTHY L.JBREINER Vice -Mayor Attest: JEA,$NE M. LEO CI , City Clerk ORDINANCE NO. 156 The foregoing Ordinance No. 1564 was read and introduced at a regular meeting of the City Council of the City of San Rafael, held on the 21st day of August , 1989, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Frugoli, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan and will come up for adoption as an Ordinance of the City of San Rafael at a regular meeting of the Council to be held on the 5th day of September, 1989. lir JE `M. LEONCINI, City C erk - 19 -