[1]
Editor’s Note: Ord. No. 412, § 1, adopted 12-28-1981, amended the Code by adding a new Art. XXXII, §§ 2-156—2-163, to ch. 2. Inasmuch as Ord. No. 406, adopted 9-10-1981, already enacted a new Art. XXXII, and in order to avoid duplicative numbering, the editor, in his discretion, has numerically redesignated the provisions of Ord. No. 412 as a new Art. XXXIII, §§ 2-1702-176. The editor has also, in his discretion, omitted from inclusion in Art. XXXIII the severability provisions of Ord. No. 412, designated as § 2-163.
[Ord. No. 412, § 1(2-157), 12-28-1981]
For the purposes of this article, the following terms, phrases, words and their derivations shall have the meaning given herein, unless the context in which they are used clearly requires a different meaning.
MOBILE HOME
Shall mean a dwelling unit built on a chassis and containing complete electrical, plumbing and sanitary facilities, and designed to be installed on a temporary or a permanent foundation for permanent living quarters.
MOBILE HOME PARK
Means a park licensed by the board of health pursuant to Massachusetts General Laws, Chapter 140, Section 32B.
RENT BOARD AND BOARD
Means the mobile home park rent control board as established herein.
RULES AND REGULATIONS
Means rules and regulations as promulgated by the board.
SHALL
Is mandatory; May is permissive.
[Ord. No. 412, § 1(2-156), 12-28-1981; Ord. No. 1123, § I, 3-10-2015]
In accordance with Article 2, Section 2-10, Article 3, Section 3-3 and Article 6 of Chapter 72 of the Acts of 2013, the Mayor shall appoint five members to the Mobile Home Park Rent Control Board subject to City Council approval. Each member will serve for a term of five years. In the event of a vacancy, the Mayor shall appoint a successor as soon as practicable, subject to city council approval, and said successor shall fulfill the unexpired term of the member whose seat was vacated. All five members must represent the public interest, and none of the members can be a mobile home park tenant or a mobile home park land owner.
[Ord. No. 412, § 1(2-158), 12-28-1981]
(a) 
The board shall regulate rents, set minimum standards for use or occupancy of mobile home park accommodations and evictions of tenants therefrom; and may require information of said owners relating to their parks under penalties of perjury.
(b) 
The board may make rules and regulations, sue and be sued, compel attendance of persons and the production of papers and information, and issue appropriate orders which shall be binding on both the owner and tenant of such mobile home park accommodations.
[Ord. No. 412, § 1(2-159), 12-28-1981]
(a) 
The board may take individual or general adjustments, either upward or downward, as may be necessary to assure that rents for mobile home park accommodations are established on levels which yield to owners a fair net operating income for such units.
(b) 
Fair net operating income shall be that income which will yield a return, after all reasonable operating expenses, on the fair market value of the property, equal to the debt service rate generally available from institutional first mortgage lenders or such other rates of return as the board, on the basis of evidence presented before it, deems more appropriate to the circumstances of the case.
(c) 
Fair market value shall be assessed valuation of the property or such other valuation as the board, on the basis of evidence presented before it, deems more appropriate to the circumstances of the case.
(d) 
No proposed rent increase shall be effective without the prior approval of the board,
(e) 
The board may establish further standards and rules consistent with the foregoing.
[Ord. No. 412, § 1(2-160), 12-28-1981]
The board may regulate evictions of tenants at mobile home parks and may issue orders which shall be a defense to an action of summary process for possession.
[Ord. No. 412, § 1(2-161), 12-28-1981]
(a) 
The board and its actions shall be the subject to the provisions of Massachusetts General Laws, Chapter 30A (Administrative Procedures Act) as if the board were an agency of the Commonwealth of Massachusetts.
(b) 
The district court of Berkshire County shall have original jurisdiction, concurrently with the superior court, of all petitions for review brought pursuant to Section 14 of Chapter 30A of the General Laws.
The superior court and the district court of Berkshire County shall have concurrent jurisdiction to enforce the provisions of this article, and any ordinance adopted thereunder, and may restrain violations thereof.
[Ord. No. 412, § 1(2-162), 12-28-1981]
Violations of this article or any order of the board shall be punished by a fine of not more than $1,000 for any one offense.