Watsonville Municipal Code Art. 2 Base Rental and Yearly Rental Adjustment

Unless the context requires otherwise, the definitions and methods set forth in this Article shall be used in the interpretation and construction of this Chapter.

(§ 1, Ord. 1018-96 C-M, eff. November 15, 1996)

“Homeowner” shall mean any registered owner of a Mobile home which occupies a space in a Mobile home park in return for the payment of space rent. For purpose of voting, Homeowner shall mean one person per Mobile home.

Homeowner shall not mean a Park Owner who owns a Mobile home on a space in the park.

(§ 1, Ord. 1018-96 C-M, eff. November 15, 1996)

“Rent” shall mean the consideration, including any bonus, benefits, or gratuities, demanded or received for and in connection with the use or occupancy of a Mobile home within a Mobile home park. Space rent shall not include recreation vehicle (RV) storage, Laundromat, or any utility charges for utility services, including gas, electricity, water, trash and/or sewer service, provided to an individual home (as opposed to the park in general) where such charges are billed to such a residence separately from the space rent and such charges are limited to the value of the utility services in accordance with the regulations of the Public Utilities Commission provided to the individual residence.

Wherever park spaces are occupied by homes belonging to the Park Owner all income and cost attributable thereto, including a prorate allocation of common area costs, shall be excluded from any calculation of Home Owners’ space rent.

(§ 1, Ord. 1018-96 C-M, eff. November 15, 1996)

“Maximum Rent Increase” shall mean, except as provided in Articles 3 and 4, the maximum annual rent increase that may be imposed on any individual space shall be equal to seventy (70%) percent of the percentage change in the Consumer Price Index, or a maximum annual rent increase of five (5%) percent of existing rent, whichever is less. No rent increase may be imposed without City Manager review pursuant to this Chapter.

(§ 1, Ord. 1018-96 C-M, eff. November 15, 1996)

“Consumer Price Index” (CPI) shall mean the “All Cities, United States” Consumer Price Index “all urban consumer” as provided by the Bureau of Labor Statistics.

(§ 1, Ord. 1018-96 C-M, eff. November 15, 1996)

“CPI indexing consistency” shall mean that all mobile home parks shall use the same ending month when computing the change in CPI. Such month shall be determined by the City Manager. For Mobile home parks which previously used a different ending month, CPI calculations for the first rent adjustment following the effective date of this Chapter shall not use a twelve (12) month period, but rather the period from the previously used ending month and the new ending month.

(§ 1, Ord. 1018-96 C-M, eff. November 15, 1996)

“Mobile home” means a factory produced and assembled structure designed to be used as a permanent residence in a Mobile home park.

(§ 1, Ord. 1018-96 C-M, eff. November 15, 1996)

“Service reductions” shall mean the elimination or reduction of any previously provided service or facility. “Service” shall also include physical improvements or amenities.

(a) A service reduction complaint shall be submitted to the City Manager alleging in a written form and should state:

(1) The affected spaces;

(2) The prior level of service established by the Park Owner for that Homeowner’s Mobile home space and common facilities used by that Homeowner;

(3) The specific changes in the prior level of services comprising the alleged reduction in service;

(4) The date the service reduction was first noticed by the Homeowner;

(5) The date of notice to the Park Owner of the alleged service reduction, and if such notice was given, whether the notice was given orally or in writing;

(6) When and how the Park Owner responded to the Homeowner’s notice, if notice was given;

(7) Whether the condition was improved or corrected and if so, when and how; and

(8) The status of the condition as of the date the complaint is signed;

(9) Where such service reduction was the result of a vote of a majority of the affected Homeowners.

(b) The City Manager may either: (1) reject the complaint as not presenting sufficient facts to justify a hearing; or (2) set the matter for hearing.

(c) If the City Manager finds that a material service reduction has occurred, the City Manager shall determine the resultant percentage reduction in the Homeowner’s enjoyment of their homes, or the savings in park operating costs, whichever is greatest.

(d) Rent shall be reduced by that percentage or amount. The Homeowners also shall be entitled to a rebate of the following sum: the monthly rent reduction multiplied by the number of months between the date the Homeowners notified the Park Owner of the reduction in service, and the date the City Manager determined the rent reduction.

(e) A service reduction shall not include the elimination or reduction of a recreational facility or service when such elimination or reduction and rent decrease resulting therefrom have the prior written approval of two thirds of the Homeowners. In such cases no rebate shall be required.

(f) No recreational service or facility which has been reduced or eliminated shall be reinstituted at any cost to the Homeowners without prior written approval of two-thirds of the Homeowners.

(§ 1, Ord. 1018-96 C-M, eff. November 15, 1996)

“Park Owner” shall mean any owner, lessor, or sublessor (including any person, firm, corporation, partnership, or other entity) who receives or who is entitled to receive rent for the use of any rental space in a Mobile home park, or the agent, representative or successor of any of the foregoing.

(§ 1, Ord. 1018-96 C-M, eff. November 15, 1996)