15.04.020 Definitions.
"Administrator" means the administrator of the city's mobilehome space rent stabilization program. The "administrator" shall be the city manager of the city of American Canyon.
"Affected residents" mean those mobilehome residents as defined in this section who are subject to a rent increase (as defined in this section). For purposes of providing notice of rent increases and copies of this chapter, and calculating the number of affected residents in support of a rent arbitration petition, each mobilehome space subject to a rent increase shall be deemed to have only one affected resident. Reference to "all affected residents" shall mean one representative resident from each space subject to the proposed rent increase.
"Arbitrator" means a person: (1) who is neither a resident (as defined in this section) nor 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) who the administrator (as defined in this section) 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 administrator, 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 administrator finds similar to those raised in space rent dispute arbitrations; or
3. Prior service as a California Municipal or Superior Court Pro Tempore Judge; Judge, Court of Appeal or Supreme Court Justice or comparable experience within the Federal Judiciary or service as a neutral evaluator in a Court sponsored alternative dispute resolution program.
"Arms-length transaction" means a transaction negotiated by unrelated parties, each acting in his or her own self-interest as a willing participant in the transaction.
"Base rent" means the authorized rent calculated pursuant to the provisions of Section 15.04.040, plus any rent increase allowed under this chapter, unless it is expressly excluded from base rent, plus any rent adjustment attributable to vacancy decontrol as provided in Section 15.04.050.
"Capital improvements" mean those new improvements or replacements that materially adds to the value of the property and appreciably prolongs its useful life or adapt it to new uses; consist of more than ordinary maintenance and/or repairs, and which may be amortized over the useful remaining life of the improvement to the property. Capital improvement costs shall include all costs reasonably and necessarily related to the planning, engineering and construction of the improvement or replacement and shall include debt service costs, if any, incurred as a direct result of the capital improvement or replacement.
"Consumer Price Index (CPI)" means the Consumer Price Index as determined on an annual basis up to and including the month of June for all Urban Consumers in the San Francisco-Oakland-San Jose Area published by the U.S. Department of Labor, Bureau of Labor Statistics.
"Expert" means an unbiased third party who is recognized as an authority on mobilehome rent issues for purposes of providing an independent analysis as set forth in Section 15.04.100(C).
"Gross income" has the meaning set forth in Section 15.04.140.
"Housing service" means a service or facility provided by the park 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. Housing service includes, but is not limited to, repairs, replacement, maintenance, landscaping, painting, lighting, heat, water, utilities, laundry facilities, refuse removal, recreational and meeting facilities, parking, security service, and employee services.
"In place transfer" means a sale, transfer, or other conveyance of a mobilehome, with the mobilehome remaining in the same mobilehome space it occupied prior to the sale, transfer or other conveyance, except if the sale, transfer, or other conveyance is to the park owner.
"Lawful space vacancy" means a vacancy occurring due to specific circumstances set forth in Section 15.04.050.
"Mandatory mediation" means a meeting in which a mobilehome park owner and resident have the opportunity to communicate with a mediation panel and each other in a face-to-face setting at a neutral location in order to resolve a rental housing dispute using ground rules designed to protect the confidentiality and neutrality of the communications.
"Mediation panel" means a committee consisting of three individuals which will be composed of one individual representing mobilehome park owners from a mobilehome park within the city that is not subject to the mediation; one member who is a resident that resides in a mobilehome park within the city not subject to the mediation; and, one qualified mediator as defined in this chapter selected by the city after consultation with the mobilehome park owner and mobilehome park residents subject to the mediation. All panel members must be free from any conflict of interest under the provisions of Government Code Section 1090 et seq., or a financial interest under the provisions of Government Code Section 87100 et seq.
Selection of Mediation Panel. The panel members representing residents and the park owner not subject to mediation of the panel may be selected in the following manner:
The city shall submit three names of mobilehome park residents subject to this chapter but not the mediation and three names of owners or the owners' representative of a mobilehome park not subject to the mediation. The selected qualified mediator, a representative from Golden State Manufactured Home Owners League ("GSMOL") who is also a board member or regional manager of GSMOL, and the owner of the park subject to mediation shall select one owner and resident to the mediation panel from the city's submitted list.
"Mediator" means a mediator who is experienced in the mediation process both in facilitating communications in conciliation between parties and in mediating disputes. The selected qualified mediator is prohibited from also serving as an arbitrator under this chapter.
"Mobilehome" means a structure designed for human habitation and for being moved on a street under permit pursuant to California Vehicle Code Section 35790. Mobilehome includes a manufactured home, as defined in California Health and Safety Code Section 18007, and a mobilehome, as defined in California Health and Safety Code Section 18008. Mobilehome 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 months.
"Mobilehome park" means any area of land within the city where two or more mobilehome spaces are rented, or held out for rent, to accommodate mobilehomes used for human habitation.
"Mobilehome park owner" means any park owner, lessor, or sublessor of a mobilehome park in the city who receives or is entitled to receive rent for the use or occupancy of any mobilehome space therein 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, and the representative, agent or successor of such park owner, lessor or sublessor.
"Mobilehome resident" means a person who has a tenancy in a mobilehome park under a rental agreement that is not otherwise exempt from regulation under this chapter pursuant to California Civil Code Section 798.17 or 798.45.
"Mobilehome space" means any site within a mobilehome park located in the city intended, designed or used for the location or accommodation of a mobilehome. Mobilehome space includes any accessory structures or appurtenances attached to the mobilehome or used in conjunction therewith. Mobilehome space does not include: (1) sites rented together and concurrently with a mobilehome provided by the mobilehome park owner; and (2) "new construction" as defined by California Civil Code Section 798.45. Mobilehome space shall also include, for purposes of this chapter, rentable spaces within mobilehome parks which have been occupied by a recreational vehicle as defined by Civil Code Section 799.24 or a commercial coach as defined by Health and Safety Code Section 18001.8 for a period of nine months or more.
"Net operating income" has the meaning set forth in Section 15.04.130.
"Operating expenses" has the meaning set forth in Section 15.04.150.
"Park owner" means a mobilehome park owner.
"Party" means any affected resident and/or park owner involved in proceedings under this chapter.
"Percent change in Consumer Price Index" means the annual percent change in the Consumer Price Index (CPI), as determined on an annual basis up to and including the month of June for all Urban Consumers in the San Francisco-Oakland-San Jose Area published by the U.S. Department of Labor, Bureau of Labor Statistics, calculated to the nearest tenth, published up to and including June and averaged over the preceding twelve months.
"Prospective resident" means:
1. A person who is not currently a resident in a mobilehome park but is a prospective mobilehome resident who desires the use of a mobilehome space as defined in this chapter and has approached the mobilehome park owner as such; or
2. A person who is a party to a rental agreement pursuant to California Civil Code Section 798.17(a) and (b), which has terminated or expired, or is being considered for renewal or extension.
"Qualified mediator" means a mediator who is experienced in the mediation process both in facilitating communications in conciliation between parties and in mediating disputes. The selected qualified mediator is prohibited from also serving as an arbitrator under this chapter.
"Rent" means mobilehome space rent.
"Rent increase" means any additional space rent demanded of or paid by a resident for a mobilehome space. "Rent increase" includes any reduction in housing services without a corresponding reduction in the amount demanded or paid for rent.
"Rent stabilization administration fee" means the fee established from time to time by resolution of the city council in accordance with the provisions of Section 15.04.200.
"Resident" means a homeowner or other person who lawfully occupies a mobilehome.
"Resident representative" means a person appointed in writing by a group of residents to represent the interests of, negotiate on behalf of, and bind the appointing parties.
"Section," unless otherwise indicated, means a section of this chapter.
"Space rent" means the total consideration, including any bonus, benefit or gratuity, demanded or received by a mobilehome park owner 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 acquisition, use or occupancy of a mobilehome dwelling unit.
"Substantial rehabilitation" means that work done by a park owner to a mobilehome space or to the common areas of the mobilehome park, exclusive of a capital improvement (as defined in this section), which has a value in excess of two hundred dollars, and is performed either 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 or other benefits. Costs of substantial rehabilitation include all costs reasonably and necessarily related to the planning, engineering and construction of the work. Such costs shall also include debt service costs, if any, incurred as a direct result of the substantial rehabilitation work.
"Vacancy control" means the prohibition of a park owner on increasing space rent upon the sale of a mobilehome on-site to a prospective resident or a current resident except as provided in Section 15.04.050(A).
"Vacancy decontrol" means the increase in space rent permitted upon the qualifying sale or other conveyance of a mobilehome described in Section 15.04.050(A).