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24 <br /> <br />adult Mobilehome Owner from each of fifty percent (50%) plus one of the Spaces subject <br />to this Article. <br /> <br />D. No Service Reduction may include a condition created by the Park management’s failure to <br />maintain the physical improvements in the common facilities in good working order, or <br />condition for which the provisions of Civil Code section 798.84 provides a remedy. <br /> <br />E. No recreational service or facility that has been reduced or eliminated shall be reinstituted at <br />any cost to the Mobilehome Owners without prior written approval signed by at least one <br />adult Mobilehome Owner from each of fifty percent (50%) plus one of the Spaces subject to <br />this Article. <br /> <br />F. In the event that a Service Reduction application is filed while a Fair Return <br />Application is pending, the Rent Review Officer, may require consolidation of <br />applications. The Park Owner, or the Affected Mobilehome Owners may request <br />consolidation of the applications. <br /> <br />[4-39-234] Cause for Termination. <br /> <br />A. A Mobilehome Park Owner may not terminate or refuse to renew a Tenancy except in the same <br />manner as provided for in Chapter 2.5 of the Mobilehome Residency Law, Civil Code sections <br />798.55 et seq., as may be amended from time to time. <br /> <br />B. For the purposes of this section, a “Tenancy” means the right of a person or persons to use a <br />Mobilehome Space on which to locate, maintain, and occupy a Mobilehome or any other <br />vehicle or structure for the purpose of human habitation. <br /> <br />C. In adopting this Section, the City Council finds and declares that structures and vehicles that <br />do not meet the technical definition of a Mobilehome, but are nevertheless located on a <br />Mobilehome Space, often share many of the same characteristics as a Mobilehome. These <br />structures or vehicles are not generally intended to be moved frequently, if at all, and often <br />have site improvements and accessory structures constructed onto or adjacent to the structure <br />or vehicle. The City Council finds and declares that there is a high cost of moving these <br />vehicles and structures and a potential for damage resulting from a move, such that the owners <br />of these structures or vehicles used for human habitation and located in a Mobilehome Space <br />need the special protections provided for in this section. <br /> <br />[4-39-235] Waivers. <br /> <br />A. Any waiver or purported waiver by a Mobilehome Owner of rights granted under this <br />Article shall be void as contrary to public policy. <br /> <br />B. It shall be unlawful for a Park Owner to require or attempt to require as a condition of tenancy <br />in a Mobilehome Park a Mobilehome Owner or a prospective Mobilehome Owner to waive <br />in a lease or rental agreement or in any other agreement the rights granted to a Mobilehome <br />Owner by this Article. <br /> <br />C. It shall be unlawful for a Park Owner to deny or threaten to deny tenancy in a Mobilehome <br />Park to any person on account of such person’s refusal to enter into a lease or rental <br />agreement or any other agreement under which such person would waive the rights granted <br />to a Mobilehome Owner by this Article. <br /> <br />[4-39-237] Rights of Prospective Mobilehome Owners. <br /> <br />Formatted: Indent: Left: 0.13" <br />Formatted: Indent: Left: 0.06" <br />Formatted: Indent: Left: 0.31", Hanging: 0.25" <br />Formatted: Font: Not Bold <br />Formatted: Font: Not Bold <br />Formatted: Font: Not Bold, Italic <br />Formatted: Font: Not Bold <br />Formatted: Font: Times New Roman <br />Formatted: Font: (Default) Times New Roman <br />Formatted: Font: (Default) Times New Roman <br />Formatted: Font: (Default) Times New Roman <br />Formatted: Font: (Default) Times New Roman <br />Formatted: Font: (Default) Times New Roman <br />Formatted: Font: (Default) Times New Roman <br />Formatted: Font: (Default) Times New Roman <br />Formatted: Font: (Default) Times New Roman <br />Formatted: Indent: Left: 0.56"