Correspondence- #21 - Laserfiche WebLink

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Honorable Mayor and City Council Persons City of Santa Ana Hearing: October 4, 2022; Item: 25 September 30, 2022 Page 5 of 11 B. Section 8-3102 — Definitions: "Capital Improvement". Remove "... andlor deterioration resulting from an unreasonable delay in the undertaking of completion or after a Notice of Violation by a government agency ordering repairs. " While it could be reasonable to exclude civil fines from a Notice of Violation, which itself has an appeal process related to those fines, the exclusion of capital improvements based on deterioration or agency notice essentially causes a forfeiture without regard for fault and such a forfeiture has no quarter in fair return jurisprudence concerning rent adjustment boards. The City has powerful authority already as a local police power to levy fines, and would be best apt to present evidence to preserve the legitimacy of its fines as part of the code enforcement process. It need not inject confusion, cost, and burden into the Board's consideration of fair return, with risk of litigation. Add "... or major repair relating to a Rental Unit or mobilehome bark... " There is ambiguity within the Rental Unit definition which could give rise to the allegation that common area is not included —which then would cause the rental adjustment procedure to fail to meet the requirements of rent adjustment jurisprudence. Accordingly, we suggest inserting the clarification that the mobilehome park improvement costs generally are included. They will already be subject to the pro rata Iimitations elsewhere in the ordinance. C. Section 8-3102 — Definitions: "Mobilehome Space" Add the following as a new definition to clarify the meaning of Mobilehome Space used throughout the Ordinance: "Mobilehome Space " shall mean the rental of a mobilehome space within a mobilehome park by a "homeowner " or a "resident " as ,such terms are defined in California Civil Code Section 798.9 and 798.11. JUST CAUSE EVICTION In review of the proposed amendments to the Just Cause Eviction Ordinance, as those amendments relate specifically to mobilehome parks, the proposed corrections through the amendment, are based on objections and legal issues raised in the pending litigation between our clients and the City. The City, through the proposed amendments, acknowledge and admit that the October 19, 2021 Just Cause Eviction Ordinance, NS 3010 violated numerous laws and regulations related to Mobilehome Parks.' Despite the attempts to correct such violations, the following bullet points are provided for ease of further amendments to bring the Just Cause Eviction sections of the proposed amended ordinance in line with the applicable laws for mobilehome parks: A. Section 8-3120(i) should be deleted in its entirety. This provision was amended to remove the provision that the sale of a mobilehome park is included in the term of a change of use under Government Code section 65863.7, ostensibly in response to the conflict of law and preemption detailed in the pending litigation. However, the failure to remove the provision in its entirety s Rather than reiterate in this correspondence the facial challenges to the newly combined RSIJCE Ordinance, the specific issues, including the constitutional challenges are set forth in the case Kingsley et al v. City of Santa Ana, U.S. District Court for the Central District of California. Case No. 8:22-cv-00076-C JC-TDEx, all allegations, assertions, and pleadings are hereby incorporated as though fully set forth Kingsley — 426 Santa Ana Ordinances