Sec. 2-191. - Definitions.

(a)

"Affected residents" means those residents whose space is not covered by a valid lease meeting the requirements as outlined in Section 798.17(b) of the California Civil Code or otherwise legally exempt from local rent control regulation. Such residents are to be notified that a space rent increase is to become effective. For purposes of providing notice of the increase, providing copies of the rent stabilization ordinance, and support of a rent arbitration petition, each space subject to a rental increase shall be deemed to have only one (1) "affected resident" for administrative convenience to the parkowners. The reference to "all affected residents" will refer to one (1) representative residents from each space subject to the proposed rental increase.

(b)

"Arbitrator" means a person (1) who is neither a resident as that term is defined in this article nor who has an interest in a mobilehome park of a nature that would require disqualification under the provisions of the Political Reform Act if the person were an elected state official, and (2) a person whom the clerk of the Sonoma County Mobilehome Space Rent Stabilization Program (see subsection (e) below) determines meets one (1) the following criteria:

(1)

Completion of a Juris Doctor or equivalent degree from a school of law and completion of a formal course of training in arbitration which, in the sole judgment of the clerk of the Sonoma County Mobilehome Space Rent Stabilization Program, provides that person with the knowledge and skills to conduct a space rent dispute arbitration in a professional and successful manner; or

(2)

Completion of at least three (3) arbitration proceedings for a Superior Court or other public entity that involved issues the clerk of the Sonoma County Mobilehome Space Rent Stabilization Program finds similar to those raised in space rent dispute arbitrations;

(3)

Served as a California Superior or Municipal Court pro tempore judge.

(c)

"Base rent" means the authorized rent, calculated pursuant to the provisions of Section 2-192, plus any rent increase allowed under this chapter or any rent adjustment attributable to vacancy decontrol as provided in Section 2-211.

(d)

Reserved.

(e)

"Clerk" means the clerk of the Sonoma County Mobilehome Space Rent Stabilization Program, who shall be the director of the Sonoma County Community Development Commission or their designee.

(f)

"Capital improvements" means those improvements that materially add to the value of the property and appreciably prolong its useful life or adapt it to new uses, and which may be amortized over the useful remaining life of the improvement to the property. The term "capital improvements" does not include those costs associated with the normal maintenance and upkeep of facilities and premises which were reasonably intended to be part of consideration provided by the mobilehome park as rent. Substantial rehabilitation of the park that is necessitated as a result of the parkowner's neglect, permissive waste, deferred maintenance or acts of God shall not be regarded to be capital improvements to the extent that they restore facilities and premises to the conditions reasonably bargained for by the mobilehome park residents. Proposed capital improvements claims must set forth an amortization table spreading the cost of the improvement over its proven useful life. Such costs must be separately itemized, if approved, on the monthly rent invoice. Monthly rent shall be decreased for such amortized capital improvement expenses at the end of the amortization period. Failure to do so shall be regarded to be an unauthorized increase in rent. Capital improvements must be for the primary benefit, use and enjoyment of the residents of the entire park, and costs must be allocated over all beneficiaries of the improvement.

(g)

"Consumer price index" or "CPI" means Consumer Price Index for all urban consumers San Francisco-Oakland Area, published by the U.S. Department of Labor, Bureau of Labor Statistics.

(h)

"Housing service" means a service provided by the owner related to the use or occupancy of a mobilehome space, which is neither a capital improvement nor substantial rehabilitation as those terms are defined herein, including but not limited to, repairs, replacement, maintenance, painting, lighting, heat, water, laundry facilities, refuse removal, recreational facilities, parking, security service and employee services.

(i)

"Mobilehome" means a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the California Vehicle Code. "Mobilehome" includes a manufactured home, as defined in Section 18007 of the California Health and Safety Code, and a mobile home, as defined in Section 18008 of the California Health and Safety Code, but does not include a recreational vehicle, as defined in Section 799.24 of the California

Civil Code and Section 18010 of the California Health and Safety Code, or a commercial coach, as defined in section 18001.8 of the California Health and Safety Code except when such a vehicle has continuously remained within a mobilehome park for a period in excess of nine (9) months.

(j)

"Mobilehome park" means any area of land within the unincorporated areas of the county of Sonoma where two (2) or more mobilehome spaces are rented, or held out for rent, to accommodate mobilehomes used for human habitation.

(k)

"Mobilehome parkowner" means any owner, lessor, or sublessor of a mobilehome park in the unincorporated areas of the county of Sonoma who receives or is entitled to receive rent for the use or occupancy of any mobilehome space thereof, and the representative, agent or successor of such owner, lessor or sublessor, and who reports to the Internal Revenue Service any income received or loss of income resulting from such ownership or claims any expenses, credits or deductions because of such ownership.

(l)

"Mobilehome space" means any site within a mobilehome park located in the unincorporated areas of the county of Sonoma intended, designed or used for the location or accommodation of a mobilehome and any accessory structures or appurtenances attached thereto or used in conjunction therewith except (1) sites rented together and concurrently with a mobilehome provided by the Mobilehome parkowner and (2) "new construction" as defined by Civil Code Section 798.45. The term "mobilehome space" shall also include, for purposes of this article and accompanying fee ordinance, rentable spaces within mobilehome parks which have been occupied by a "recreational vehicle" as defined by Civil Code Section 799.24 for a period of nine (9) months or more.

(m)

"Mobilehome space resident" means a resident, tenant, subtenant, lessee, or sublessee, or any other person entitled to the use or occupancy of any mobilehome space not otherwise a party to a rental agreement exempt from regulation under this article pursuant to Civil Code Section 798.17.

(n)

"Net operating income" means net operating income as defined in Section 2-200(a) of this article.

(o)

"Owner" means a mobilehome parkowner.

(p)

"Party," as used in this article, refers to any affected mobilehome resident and/or owner involved in proceedings under this article.

(q)

"Percent change in consumer price index" means the annual percent change in the Consumer Price Index ("CPI"), calculated to the nearest tenth, published for the month of July, issued in the month of August. In the event that an index is not published for the month of July, the closest preceding month for which an index is published shall be used. It is the intent of this article to fix the CPI in the beginning of the fiscal year, for the rest of that fiscal year barring an unforeseen failure to publish a CPI for the month of July.

(r)

"Rent" means mobilehome space rent.

(s)

"Rent increase" means any additional space rent demanded of or paid by a resident for a mobilehome space including any reduction in housing services without a corresponding reduction in the amount demanded or paid for rent. Such increase shall be (1) uniform in percentage rate relative to current base rent or (2) uniform in dollar amount relative to base rent. Failure to reduce rent at the end of an amortization period for a capital improvement or for separately billed utilities will also be regarded to constitute an unauthorized rent increase for the purposes of this article.

(t)

"Rent stabilization administration fee" means the fee established from time to time by resolution of the board of supervisors in accordance with the provisions of Section 2-204 herein.

(u)

"Space rent" means the total consideration, including any bonus, benefit or gratuity, demanded or received by a mobilehome parkowner for or in connection with the use or occupancy of a mobilehome space or any housing services provided with the mobilehome space. Space rent shall not include any amount paid for the use or occupancy of a mobilehome dwelling unit, unless the amount paid for the use or occupancy of a mobilehome is or includes consideration paid to a mobilehome parkowner under a rental agreement or other document evidencing tenancy of the mobilehome.

(v)

"Substantial rehabilitation" means that work done by an owner to a mobilehome space or to the common areas of the mobilehome park, exclusive of a capital improvement as that term is defined herein, the value of which exceeds two hundred dollars ($200.00) and which is performed whether to secure compliance with

any state or local law or to repair damage resulting from fire, earthquake, or other casualty or natural disaster, to the extent such work is not reimbursed by insurance.

(w)

"Resident" means mobilehome space resident.

(x)

" Resident-to-be" means a person who is not currently a resident in a mobilehome park but is a prospective mobilehome space resident who desires the use of a mobilehome space as defined in this chapter and has presented themselves to the parkowner as such.

(Ord. No. 6450, § II, 11-7-2023)