Watsonville Municipal Code Art. 3 Surcharges

“Allowable surcharges” shall mean the charges resulting from the privilege of occupying space within a Mobile home park, except rent herein. The following are the only allowable surcharges:

(a) Surcharges for capital improvements which would create an improvement, or feature thereof, which did not previously exist in any fashion prior to the application for applicable surcharge (i.e.: a swimming pool when none previously existed). A surcharge (except as defined in subsection (b) of this section), may only be allowed when the improvement, and the amount and duration of the surcharge (including financing costs, if any), have been approved in writing by a two-thirds of the Home-owners, or required by law.

(b) Surcharges for replacement or repair of any previously existing improvement will be allowed if approved by a simple majority of Homeowners. In each such case the cost, including reasonable financing charges, shall be amortized over the reasonably anticipated lifetime of the replacement or repair.

(c) All permissible surcharges existing on the effective date of this chapter shall automatically expire when charges thereunder are fully paid.

(d) Actual charges in accordance with the regulations of the P.U.C. paid to public utility agencies for public utilities provided to each space occupied by a Mobile home. No share of the cost of utilities to common areas shall be included.

(e) Government mandated fees and assessments on individual Mobile homes for which the Park Owner is specified as the collection agent.

(f) If the Park Owner makes application for surcharge under Section 11-3.300, the City Manager may require the submittal of any additional information which is believed necessary for proper deliberation and determination.

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

Surcharges, including expiration dates if any, shall be listed separately from each other and from rent on monthly bills and notices of rent increases.

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

“Administrative Fee” means a charge, imposed upon the privilege of occupying space within a “Mobile home park”, as defined in Section 11-1.03 of the Watsonville Municipal Code which is also subject to this Chapter. The Administrative Fee is to be paid to the City monthly, collected by the Park Owner with the monthly rent, prorated if necessary. The purpose of the surcharge is to reimburse the City administrative staff for the expenses associated with enforcing the provisions of this Chapter. The Administrative Fee shall be fifty ($.50) cents per Lot per month (as defined in Section 11-1.03 of this Code).

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

“Rent control preservation fee,” “rent control fee” or “fee,” as used in Sections 11-3.325 to 11-3.329, means a charge upon persons occupying a space within a “mobile home park,” as defined in Section 11-1.03 of the Watsonville Municipal Code, for the privilege granted by this chapter of receiving the specific rent stabilization benefits conferred by this chapter.

(§ 1, Ord. 1291-12 (CM), eff. December 21, 2012)

The rent control fee is to be paid to the City monthly, collected from the homeowners by the park owner with the monthly rent, prorated if necessary, from every occupied mobile home space except those spaces that are excluded from paying the fee under Section 11-3.327. This fee shall be deemed a debt owed by the homeowner to the City. Any such fee that has been collected by a park owner, which has not been paid over to the City, shall be deemed a debt owed to the City. Park owners are not required to pay the fee to the City for spaces occupied by homeowners who fail to pay the fee to the park owner and failure to pay the fee shall not be grounds for a mobile home park rule violation or grounds for eviction under Civil Code Section 798.56(a) or (e). Any person owing money to the City under the provisions of this chapter shall be liable to an action brought in the name of the City of Watsonville for the recovery of such amount.

(§ 1, Ord. 1291-12 (CM), eff. December 21, 2012)

Only homeowners occupying spaces that receive the specific rent stabilization privileges granted and benefits conferred by this chapter shall be assessed this rent control fee. Persons occupying spaces that are excluded from the rent stabilization privileges granted and benefits conferred by this chapter, either through State law or otherwise, shall not be charged this rent control fee.

(§ 1, Ord. 1291-12 (CM), eff. December 21, 2012)

The purpose of the fee is to partly reimburse the City for the reasonable costs of conferring the benefits and privileges provided by this chapter to the benefit of the mobile home owners who are collectively paying the fee. These costs shall be strictly limited to the costs of defending the rent control provisions of this chapter from litigation challenging them; the costs of defending the administrative decisions of the City that would preserve the application of the rent control provisions of this chapter to mobile home parks sought to be converted to subdivided lots or other uses that would result in the loss of the rent stabilization benefits and privileges conferred by this chapter; and providing grants to mobile home park homeowners’ associations, or legal service providers, to partly cover the costs of providing the legal services necessary for enforcing their rights in administrative proceedings under this chapter. All monies collected by the City through this rent control fee.

(§ 1, Ord. 1291-12 (CM), eff. December 21, 2012)

For the first year of implementation, the fee shall be set in the amount of Five and no/100ths ($5.00) Dollars per month as soon after the effective date of the implementing ordinance codified in this section as is practicable. The fee shall be increased automatically each year by the amount of the increase of the Consumer Price Index.

(§ 1, Ord. 1291-12 (CM), eff. December 21, 2012)

In addition to the Administrative Fee imposed upon the privilege of occupying space within a Mobile Home Park, as set forth in Section 11-3.320 of this Code, a Supplemental Administrative Fee shall be paid to the City monthly, collected by the Park Owner with the monthly rent, prorated if necessary. The purpose of the Supplemental Administrative Fee is to provide additional, ongoing reimbursement to the City administrative staff for the expenses associated with enforcing the provisions of this Chapter. The Supplemental Administrative Fee shall initially be Fifty Cents ($.50) per Lot (as defined in Section 11-1.03 of this Code) per month and shall be allowed to increase as described below. In conjunction with the City’s calculation of the annual “Maximum Rate Increase” (as defined in Section 11-3.230 of this Code) for Mobile Home Parks of each successive year, the City staff shall determine the rise in the Consumer Price Index, as defined in Section 11-3.240 of this Code, between December to December. The Supplemental Administrative Fee shall be increased each year by this percentage amount, rounded to the nearest Five Cents ($.05), effective as of the same date as the Maximum Rate Increase for Mobile Home Parks. The amount of the increase to the Supplemental Administrative Fee shall be communicated to the Park Owners by the City staff by letter in conjunction with the Maximum Rate Increase for Mobile Home Parks.

(§ 1, Ord. 1152-02 C-M, eff. November 15, 2002)