HomeMy WebLinkAboutOrdinance #3277 ORDINANCE NO. 3277
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE
BY ADDING NEW CHAPTER 17.38 THERETO
REGARDING TEMPORARY RENTAL OF MOBILE HOMES
The City Council of the City of Huntington Beach hereby ordains as follows:
SECTION 1. The Huntington Beach Municipal Code is hereby amended by adding new
Chapter 17.38 thereto, to read as follows:
Chapter 17.38
TEMPORARY RENTAL OF MOBILE HOMES
IN MOBILE HOME PARKS
17.38.010 Findings and Purpose. The City Council finds that various mobile home parks
prohibit the owner of a mobile home from renting it for any period of time, and that such non-
rental rules from time to time impose hardships on owners of mobile homes who are unable to
reside in their mobile homes, but are held liable for the space rental and upkeep of their mobile
home while it is vacant and until the mobile home can be sold or otherwise re-occupied. It is the
purpose of this Chapter to alleviate hardships on such owners who are unable to reside in their
mobile homes by allowing the temporary rental of the mobile home for a reasonable period
required for the owner to sell or re-occupy the mobile home.
17.38.020 Temporary Rental of Mobile Home. It shall be unlawful for any person to prohibit
an owner of a mobile home in a mobile home park from renting that mobile home under the
following circumstances:
A. An owner of a mobile home who has resided therein for at least a one year period
prior to the vacancy that necessitates renting the mobile home is unable to continue to occupy the
mobile home either temporarily or permanently by reason of 1) illness, 2) death, or 3) other
personal hardship.
B. An owner of a mobile home who has resided therein for at least a one year period
prior to the vacancy that necessitates renting the mobile home can no longer continue to meet the
rules of occupancy of a mobile home park by reason of a change of circumstances.
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C. A non-institutional owner or person in a fiduciary capacity who has received
ownership of, or the possessory right to, a mobile home through probate, bankruptcy or
foreclosure, or the owner's incapacity, and requires time to arrange for the sale of the mobile
home, or to arrange for occupancy of the mobile home by the owner.
D. Hereafter, "Renter" refers to the person or persons who pay rent to the mobile
home owner in exchange for the temporary right to reside within the subject mobile home (and
the related right to occupy the space upon which the mobile home is located), but not as a co-
occupant with the owner. Any renter of a mobile home must meet all the rules of occupancy of
the mobile home park in which the mobile home is located with the exception of any rule which
directly or indirectly prohibits, in conflict with this section, the temporary rental of a mobile home
for up to one year. Prior to the mobile home renter's taking occupancy, that renter and the
mobile home owner shall provide the park owner with:
(1) A copy of the mobile home rental agreement;
(2) the true names of all intended occupants and their residential phone
number;
(3) business phone numbers for all adult occupants who have such numbers;
and
(4) an agreement signed by all adult occupants which reads as follows:
I have received copies of the lease between the park owner and the home
owner for Space ff and current park rules. I have read those
documents with care. I believe I understand them. I believe that I qualify
for occupancy under those rules and the master lease (except for provisions
prohibiting subleasing). I agree to abide by those Park Rules and to meet
all obligations of that master lease which are relevant to an occupant. I
understand that the park owner may directly enforce the within agreement
against me without giving up any rights against the mobile home owner.
E. Such temporary rentals authorized by this chapter may not exceed twelve(12)
months in any two (2)year period subject to renewal because of continued hardship.
17.38.030 Severability. If any provision of this Chapter or the application thereof to any
person or circumstances is held invalid, such invalidity shall not affect other provisions or
applications of the Chapter which can be given affect without the invalid provision or application,
and to this end the provisions of this Chapter are severable.
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SECTION 2. This ordinance shall become effective thirty (30) days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 17th day of Apr i1 , 1995.
�r� r
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorneyy F--5L
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Adorn& rator Director 6FSpecial Projects
i
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RLS 94-836
Ord. No. 3277
STATE OF CALIFORNIA }
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH }
I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing ordinance was read to said City Council
at an regular meeting thereof held on the 3rd of April, 1995, and was again read to said
City Council at a re ular meeting thereof held on the 17th of April, 1995, and was
passed and adopted by the affirmative vote of at least a majority of all the members of
said City Council.
AYES: Councilmembers:
Harman, Bauer,Sullivan, Leipzig, Dettloff, Green, Garofalo
NOES: Councilmembers:
None
ABSENT: Councilmembers:
None
t,'r,nnle Brockway Ci i Y CLERK of the MY of
Huntinjton Beach and ex-o44do CIEt,of the City � !�
cow co, &tleriiA'y a .r7;:en}.ci a of t1 ti.�i
r-4i l -ai;'Nlot on
p City Clerk and ex-officio Clerk
in acoorQ .cs�.:'.'+'' <�_ ' ;;r E_`` ;f�iE• of the City Council of the City
of Huntington Beach, California
City Clerk
pu�iy City C'o rk
G/kw/ordbkpg
4/19/95