CHAPTER 16B. MANUFACTURED HOME SPACE RENT CONTROL.
Sec. 16B-15. Miscellaneous provisions.
(a) Refusal of manufactured home resident to pay space rent. A
manufactured home resident may refuse to pay any space rent which is in
violation of this chapter. Such a violation shall be a defense in any action
brought to recover possession of manufactured home space or to collect the
illegally charged space rent.
(b) Restraining or enjoining violations. The
city of Woodland, manufactured home residents thereof, or manufactured home park
owners therefore, may seek relief from the appropriate court to restrain or
enjoin any violation of this chapter or the rules and regulations or decisions
of the commission.
(c) Suspension of provisions.
(1) The provisions of
this chapter shall remain in full force and effect unless and until the space
vacancy rate of all manufactured home parks regulated hereunder, except as
provided below, exceeds five percent. The space vacancy rate shall be calculated
by dividing the total number of rental spaces in the applicable parks into the
total number of such spaces, which are not occupied by manufactured homes. Parks
which have not been in operation for more than two years from the date of
occupancy of the first manufactured home, not including manufactured homes
occupied by park owners or employees thereof, shall not be included in the
(2) Upon recognition by the city council by resolution
that the vacancy rate exceeds five percent, the provisions of this chapter shall
be suspended. The provisions shall be automatically re-instituted upon the
adoption of a resolution by the city council declaring the vacancy rate to be
five percent or less.
(d) Civil Code Section 798.17
(1) Rental agreements between a park owner and resident, which
meet the criteria of Civil Code Section 798.17, are exempt from the rental rate
restrictions of this chapter.
(2) For all such rental agreements which
expire, the last monthly rental rate charged under the rental agreement shall be
the space rent ceiling used to calculate the annual adjustment for that
(3) Any other provision or agreement, whether oral or written, in or
pertaining to a rental agreement whereby any provision of this chapter or
decision or regulation of the commission for the benefit of a resident is waived
shall be deemed to be against public policy and shall be
(e) Severability. If any provision or clause of this chapter or the
application thereof to any person or circumstance is held to be unconstitutional
or to be otherwise invalid by any court of competent jurisdiction, such
invalidity shall not affect other chapter provisions or clauses or applications
thereof, which can be implemented without the invalid provision or clause or
application; and to this end the provision and clauses of this chapter are
declared to be severable.
(f) Subpoenas. The city council may issue
subpoenas requiring the attendance of witnesses and/or the production of books
or other documents necessary for evidence of testimony in any action or
proceeding before the commission upon request by the commission. Said subpoenas
shall be signed by the mayor or his or her designated substitute and attested by
the city clerk. Failure to comply with such a subpoena shall result in contempt
proceedings under Government Code Sections 37106 through
(g) Violation of chapter prohibited. No person, as defined in Chapter
1 of the city code, shall own, operate or manage any manufactured home park, as
defined in Section 16B-2, in violation of any provision of this chapter.
Violation of any provision of this chapter shall constitute a misdemeanor
punishable as provided in the city code.
(h) Anti-discrimination clause. It
is unlawful for a mobile home park owner, or any agent or representative of the
owner, to discriminate against any tenant because of the tenants exercise of any
rights under this chapter. It is also unlawful for any mobile home park owner,
or any agent or representative of the owner, to discriminate against any
purchaser or prospective purchaser of a mobile home because of the purchasers or
prospective purchasers choice to enter into a rental agreement subject to the
provisions of this chapter.
(i) Remedies. All remedies set forth in this
chapter shall be cumulative and nonexclusive.
(j) Repeal. Notwithstanding
the provisions of subsection (c) of this section, the city council may, without
voter approval, repeal this entire chapter by a majority vote of its members
upon a finding that less than fifty manufactured home park spaces within the
city of Woodland are subject to the space rent ceiling. (Ord. No. 1362, § 1