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“Affected tenants” means those tenants whose space is not covered by a valid lease meeting the requirements as outlined in Section 798.17(b) of the California Civil Code. Such tenants 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 “affected tenant” for administrative convenience to the park owners. The reference to “all affected tenants” will refer to one representative tenant from each space subject to the proposed rental increase.

“Arbitrator” means a person (1) who is neither a tenant as that term is defined in this chapter nor who has an interest in a mobile home 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 Sebastopol mobile home space rent stabilization program (see definition of “Clerk”) determines meets one of 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 Sebastopol mobile home 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 arbitration proceedings for a superior court or other public entity that involved issues the Clerk of the Sebastopol mobile home 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.

“Base rent” means the authorized rent, calculated pursuant to the provisions of SMC 9.28.050, plus any rent increase allowed under this chapter or any rent adjustment attributable to vacancy decontrol as provided in SMC 9.28.230.

“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 are reasonably intended to be part of consideration provided by the mobile home park as rent. Substantial rehabilitation of the park that is necessitated as a result of the park owner’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 mobile home park tenants. 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 unauthorized increase in rent. Capital improvements must be for the primary benefit, use and enjoyment of the tenants of the entire park, and costs must be allocated over all beneficiaries of the improvement.

“Clerk” means the Clerk of the Sebastopol mobile home space rent stabilization program, who shall be the City Manager or his or her designee.

“Consumer Price Index” means the Consumer Price Index for All Urban Consumers, San Francisco-Oakland Area, published by the U.S. Department of Labor, Bureau of Labor Statistics.

“Housing service” means a service provided by the owner related to the use or occupancy of a mobile home 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.

“Mobile home” 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. “Mobile home” 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 mobile home park for a period in excess of nine months.

“Mobile home park” means any area of land within the City of Sebastopol where two or more mobile home spaces are rented, or held out for rent, to accommodate mobile homes used for human habitation.

“Mobile home park owner” means any owner, lessor, or sub-lessor of a mobile home park in the incorporated areas of the City of Sebastopol who receives or is entitled to receive rent for the use or occupancy of any mobile home space thereof, and the representative, agent, or successor of such owner, lessor, or sub-lessor, 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.

“Mobile home space” means any site within a mobile home park located in the City of Sebastopol intended, designed, or used for the location or accommodation of a mobile home and any accessory structures or appurtenances attached thereto or used in conjunction therewith except (1) sites rented together and concurrently with a mobile home provided by the mobile home park owner and (2) “new construction” as defined by Civil Code Section 798.45. The term “mobile home space” shall also include, for purposes of this chapter and accompanying fee ordinance, rental spaces within mobile home parks which have been occupied by a “recreational vehicle” as defined by Civil Code Section 799.29 for a period of nine months or more.

“Mobile home tenant” means a tenant, subtenant, lessee, or sub-lessee, or any other person entitled to the use or occupancy of any mobile home space otherwise a party to a rental agreement exempt from regulation under this chapter pursuant to Civil Code Section 798.17.

“Net operating income” means net operating income as defined in SMC 9.28.120(A).

“Owner” means a mobile home park owner.

“Party,” as used in this chapter, refers to any affected mobile home tenant and/or owner involved in proceedings under this chapter.

“Percent change in Consumer Price Index” means the annual percent change in the Consumer Price Index, 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.

“Rent” means mobile home space rent.

“Rent increase” means any additional space rent demanded of or paid by a tenant for a mobile home space including any reduction in housing services without a corresponding reduction in the amount demanded or paid for rent. Said 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 chapter.

“Rent stabilization administration fee” means the fee established from time to time by resolution of the City Council in accordance with the provisions of SMC 9.28.170.

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

“Substantial rehabilitation” means that work done by an owner to a mobile home space or to the common areas of the mobile home park, exclusive of a capital improvement as that term is defined herein, the value of which exceeds $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.

“Tenant” means mobile home space tenant.

“Tenant-to-be” means a person who is not currently a tenant in a mobile home park but is a prospective mobile home space tenant in a mobile home park who desires the use of a mobile home space as defined in this chapter and has presented himself or herself to the park owner as such.