HomeMy WebLinkAboutRegistration Fees Collected - Mobile Home Park Residents ,,,i. -2y
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^�: Memorandum
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IA m`.ntt.. City of Palm Desert
.. y�;•• Department of Community Affairs
To: Honorable Mayor & Members of the City Council
From: Director of Community Affairs/City Clerk
Subject: Distribution of Registration Fees Collected from Mobile Home Park Residents
Date: December 11, 1997
In 1986,the City Council approved a$10 Registration Fee which is charged to all mobile home park
residents annually (copy of Resolution No. 86-30 attached). This money was collected and placed
in a trust account for use in paying the residents' share of evidentiary hearing costs, i.e., the hearing
officer, court recorder, etc.
While the funds have been used for the purpose stated above, few hearings were held in the years
1991 through 1995 because staff and the hearing officer were successful in negotiating five-year
agreements with all parks. The fund has grown, therefore, to $59,051.51.
There have been, however, several lawsuits, the legal costs for which have been borne by the City's
General Fund. It is,therefore, staff's recommendation that we transfer half of the monies in the trust
account to the General Fund as reimbursement, leaving the other half available for the residents'
share of the costs of evidentiary hearings.
Please let me kn 1 you have any questions.
•
SHEILA R. G AN
DIRECTOR OF COMMUN AFFAII S YTY Z ACTION:
APPROVED z DENIED
Attachment
RECEIVED OTHER
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JBSENT: .-=.. -
3STAIN: • �.. pv„-
VERIFIED BY: c_5 it Al, > ... A
Original on File with City Clerk's Offi
RESOLUTION NO . 86-30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT ,
CALIFORNIA , ESTABLISHING A MOBILEHOME PARK TENANT REGISTRATION
PLAN AND FEE SCHEDULE PURSUANT TO ORDINANCE NO. 456 OF SAID CITY
DEALING WITH MOBILEHOME PARK RENT CONTROL .
WHEREAS , Section 9 . 50 . 050 , I , of Ordinance No . 456 of the
City of Palm Desert provides for the imposition of a registration
program for implementation of mobilehome park rent control
including any registration fees in connection therewith ; and
WHEREAS , the Rent Review Commission of the City of Palm
Desert has recommended that the City Council of said City enact
such a plan and fee schedule .
NOW , THEREFORE , BE IT RESOLVED that a Registration Plan
and Fee Schedule is hereby enacted as follows :
SECTION 1 : REGISTRATION , NOTIFICATION and PAYMENT of FEES .
A . On or before May 1 , 1986 , the "management" (as that
term is defined in Ordinance ) of each mobile home park
shall register each mobile home space subject to the
provisions of this registration plan with the Palm Desert
Rent Review Board .
1 . "Mobile home space" is defined as any site or
location or intended to be located , whether the space is
vacant or currently occupied . Included in this definition
are spaces intended for occupancy by mobile home owners as
defined in Ordinance No . 456 or any other agents of landlords .
2 . The registration with the Palm Desert Rent
Review Board must be completed on the form adopted by the
City Council .
3 . The registration shall include the total
number of mobile home spaces in the park , the total number
of spaces occupied , the total number of spaces unoccupied,
the rent in effect for each mobile home space on April 1 ,
1983 , the rent in effect on each mobile home space on May 1
of the current year of registration , and the most
recent names and space number of the registered owner of the
mobile home located on such space .
B . On or before May 1 , 1986 , the landlord shall pay
for each mobile home space subject to the provisions of this
chapter , a registration fee of $9 . 50 per space . This
registration fee shall be an annual one , due and payable
on May 1 of each subsequent year .
C . On or after May 1 , 1986 , no landlord shall increase
rent for any mobile home space subject to the provisions of
this chapter without first :
1 . Having registered said mobile home space at
least 30 days earlier with the Rent Review Board, and
2 . Having paid to the Rent Review Board the
yearly required registration fee as provided in subsection B
hereof.
D . Landlords who register their mobile home spaces on
or before May 1 , 1986 , may demand and collect from the home
owner who is the registered owner of the mobile home located
on such space for which a registration fee is required , a
single surcharge of $ 10 . 00 on the rent of such space after
serving the home owner with 30 days written notice
explaining the nature of the charge . When a landlord has paid
the appropriate registration fee for an unoccupied
space , and the space is later occupied, the landlord may
demand and collect the $ 10 . 00 surcharge with the first rent
payment , provided the notice hereinabove described is served
on the home owner prior to or contemporaneous with the
demand for payment of such surcharge . Landlords who fail to
register their mobile home spaces and pay the required
registration fee on or before May 1 , 1986, or who fail to
pay timely such annual registration renewal fees as required
under this chapter , shall pay a penalty equal to
registration fees due under this section , and no part of the
registration fee or penalty shall be demanded or collected
from any mobile home owner , except upon approval of the
Commission for good cause shown .
SECTION 2 : FEE SCHEDULE
Pursuant to the City of Palm Desert Ordinance No. 456 the City
Council adopts the following Schedule of Fees for parties
appearing before the Palm Desert Mobile Home Park Rent Review
Board :
1 . Petition for Hardship Rent Increase :
Upon the filing by a park owner of a petition for
hardship rent increase , the City Manger shall request a deposit
from the petitioner of 50% of the anticipated cost of the
proceedings . Any final decision of the Review Board (or final
decision of a Hearing Officer if not appealed to the Board ) shall
contain an estimate of the total expenses of the Hearing process .
The petitioner shall be obligated to pay, as a fee , one-half of
the total cost of said hearing process ( less the deposit ) . Any
hardship rent increase may be conditioned upon the payment of
said fee . In the event that the deposit exceeds one-half of the
expense of the hearing process , the petitioner will be entitled
to a refund of that difference .
2 . Petition for Interpretation :
Upon the filing of a petition for interpretation ,
the petitioner shall pay a fee of $25 . 00 .
PASSED , APPROVED and ADOPTED at a regular meeting of the
Palm Desert City Council , held on this 27th day of March
1986 , by the following vote , to wit :
AYES : BENSON, SNYDER, WILSON, KELLY
NOES : NONE
ABSENT : JACKSON
ABSTAIN : NONE
C2"1"ef
RICHARD KELLY , Mayor
ATTEST :
SHEILA R . GILLIGAN , y Clerk
City of Palm Desert , alifornia
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