HomeMy WebLinkAboutORD 730URGENCY ORDINANCE NO. 730
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING
SUBSECTION (c) OF SECTION 9.50.075 OF THE
MUNICIPAL CODE, REGARDING RESCISSION OF
CERTAIN MOBILE HOME RENTAL AGREEMENTS.
WHEREAS, on October 28, 1993, the Council adopted Ordinance
No. 728 which, among other things, added Section 9.50.075 to the
Palm Desert Municipal Code; and
WHEREAS, Section 9.50.075 protects prospective tenants of
mobile home parks from being forced to accept rental agreements
that would be exempt from the City's mobile home rent control laws
as a condition of tenancy; and
WHEREAS, the intent and purpose of subsection (c) of Section
9.50.075 was to enable prospective tenants who sigh rental
agreements that violate Section 9.50.075 after the effective date
of Ordinance No. 728 to rescind such rental agreements; and
WHEREAS, a key word ("not") was inadvertently omitted from the
text of subsection (c) as it appeared in Ordinance No. 728, thereby
reversing its intended meaning.
NOW, THEREFORE, the City Council of the City of Palm Desert,
California, DOES ORDAIN as follows:
Section 1. That subsection (c) of Section 9.50.075 of the
City Code is hereby amended to read as follows:
"(c) Unless otherwise dictated by state law, anyone who is
required to sign a rental agreement that does not comply with
this Section on or after the effective date of this Section
may rescind the agreement without penalty and instead insist
upon a rental agreement that complies with this Section."
Section 2. The Council finds and determines that the
following urgent circumstances justify that this ordinance take
effect immediately upon its adoption:
1. Due to an inadvertently omitted word in Ordinance No.
728, persons signing rental agreements that violate
Section 9.50.075 on or after the effective date of
Ordinance No. 728 would not be able to rescind such
agreements as intended by the Council. Likewise, persons
signing rental agreements that comply with Section
9.50.075 after the effective date of Ordinance No. 728
would be able to rescind them, contrary to the Council's
intent. This error could result in potential harm to
both prospective tenants and mobile home park owners and
cause general disorder and unrest in the mobile home community.
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2. The only way to prevent such potential harm, disorder,
and unrest is to fix the inadvertent error before
Ordinance No. 728 takes effect by adopting this urgency
ordinance.
Section 3, The City Clerk shall certify to the passage and
adoption of this ordinance and shall cause the same to be published
once in the Palm Desert Post, a newspaper of general circulation,
printed, published and circulated within the City of Palm Desert,
and same shall be in full force and effect immediately upon its
adoption.
PASSED, APPROVED and ADOPTED this 17th day of November, 1993,
by the City Council of the City of Palm Desert, California by the
following vote, to wit:
AYES: Crites, Kelly, Snyder, Wilson, Benson
NOES: None
ABSENT: None
ABSTAIN: None
_ JEJM M. BENSON, Mayor
C' of Palm Desert, California
-ATTEST :
SHEILA R.-6-1LLIGAN „C ty Clerk
City of Palm Desert, California
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