Ord 1972 - Amending Article 14.80 to Entitle Duplex Landlords and Tenants to Use the Resolution Services of the Town in Disputes and to Impse a Regulatory Fee on Duplex Rental UnitsORDINANCE 1972
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING ARTICLE 14.80 TO ENTITLE
DUPLEX LANDLORDS AND TENANTS TO USE THE RESOLUTION SERVICES
OF THE TOWN IN DISPUTES AND TO IMPOSE A REGULATORY FEE
ON DUPLEX RENTAL UNITS
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY
ORDAIN:
SECTION I
Section 14.80.020 is amended to read as follows:
Sec. 14.80.020. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
(a) Arbitrator. A person designated by the manager or the manager's designated
representative who is trained to arbitrate disputes under this article and the
regulations adopted pursuant thereto.
(b) Duplex. A building or group of buildings on the same premises, containing
not more nor less than two (2) rental units. A dwelling unit in a duplex that is
owner - occupied is not a rental unit for purposes of determining the number of rental
units.
(c) Housing services. Those services provided and associated with the use or
occupancy of a rental unit, including but not limited to, repairs, replacement,
maintenance, painting, light, heat, water, elevator service, laundry facilities and
privileges, janitorial service, refuse removal, furnishings, telephone, parking, and any
other benefits, privileges or facilities.
(d) Land. Real property in the technical sense. The meaning of the word
includes, but is not limited to, buildings and parking spaces.
(e) Lease. An agreement, written, oral, implied in fact, or implied in law, in
which a landowner, for compensation, conveys the right to possess land to someone
else for a period of time or from period to period.
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(f) Mediator. A person designated by the manager or the manager's designated
representative who is trained to conciliate rental disputes under this article.
(g) Rent. The consideration, including any bonus, benefit or gratuity, demanded
or received by a landlord for or in connection with the use or occupancy of a rental
unit, or the assignment of a lease for such a unit, including housing services or
subletting.
(h) Rental unit. Any building or part of a building which is used for residence,
or any mobile home owned by a mobile home park owner, and which is rented to
a tenant as a dwelling place, except:
(1) A rental unit located in a building or group of buildings on the same
premises containing only one dwelling unit;
(2) A room in an owner - occupied dwelling where under the lease
provisions the tenant does not have the substantially exclusive use of
the kitchen;
(3) A single house, condominium unit, or planned development (Business
& Professions Code § 11003) unit;
(4) A hotel room or similar accommodation ordinarily let for occupancy
by the same tenant for periods of less than thirty (30) days;
(5) A hospital room, skilled nursing facility, or similar accommodation
where the main factor in the rental relationship is the personal care
given to the tenant;
(6) A dwelling owned, operated, or managed by a government agency or
which is exempted by State or Federal law from rent regulation;
(7) Mobile homes located in mobile home parks and not owned by the
mobile home park owner.
(i) Rent increase. Any additional rent due or paid by a tenant for a rental unit,
including any reduction in housing services without a corresponding reduction in the
moneys demanded or paid for rent.
0) Tenant. A lessee who occupies land under a lease or sublease.
(k) Voluntary vacancy. A voluntary vacancy occurs when a rental unit is vacated
by a tenant for reasons other than eviction.
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SECTION II
A new section 14.80.045 is added to the Code as follows:
Sec. 14.80.045. Applicability to duplexes.
The provisions of this article shall apply to duplexes only as follows:
(a) Tenants and landlords of duplexes are entitled to the resolution services
provided in division 3 (Sections 14.80.205 and 14.80.210) below; and
(b) A regulatory fee shall be imposed on each rental unit pursuant to that division.
SECTION III
Section 14.80.245 is amended to read as follows:
Sec. 14.80.245. Regulatory fees.
(a) For the sole purpose of reimbursing the Town for the costs of administering
this article, there is hereby imposed on each rental unit, subject to the provisions of
this article, a regulatory fee in such amount as the Council may establish by
resolution from time to time. The regulatory fee for a rental unit in a duplex shall
not exceed fifty percent (50 %) of the fee charged to other rental units subject to this
article. Not later than June 1 of each year, the manager will report to the Council
on the amount of regulatory fees necessary to recover the costs of the Town in
administering the article.
(b) The regulatory fee shall be due at the same time that the landlord's business
license fee is due. Except, in the case of duplexes, the regulatory fee is due July 1.
A landlord who fails to pay the fee within thirty (30) days after the Town mails its
bill to the landlord shall pay a twenty -five percent (25 %) penalty, plus an additional
twenty -five percent (25 %) penalty for each thirty days thereafter that the bill remains
unpaid. Until such time as the bill including penalties is paid, the landlord of a
rental unit shall not be entitled to any rent increase.
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SECTION IV
This ordinance was introduced at a regular meeting of the Town Council of the
Town of Los Gatos on March 7, 1994, and adopted by the following vote as an ordinance
of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los
Gatos on March 21, 1994. This ordinance takes effect thirty (30) days after it is adopted.
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin
Mayor Randy Attaway
NOES: None
ABSENT: None
ABSTAIN: None
i M AYO � r ' I • • • GATO
L OS . • . • e'
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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