15.04.200 Fees and sanctions.

(A) The costs of administration of this chapter, including the costs of mediation, shall be borne by the city, subject to reimbursement by imposition of a rent stabilization administration fee chargeable against each mobilehome space in the city not otherwise exempt from the fee. The cost of the independent expert review shall be paid by the park owner. The cost for arbitration shall be borne by the parties as set forth in Section 15.04.100(H).

(B) The administrator shall recommend to the city council the amount of such fee and the city council shall adopt such fee by resolution. The fee may be reviewed by the city council annually, but in any event, must be reviewed every two years and increased based on any increase in city administration costs. Sanctions will be recorded as revenue and will be taken into account when computing the annual administration fee.

(C) On or before October 31st of each year, each park owner of a mobilehome park in the city shall register with the administrator. The park owner shall provide in writing, the name and address of such park owner, a statement of the number of mobilehome spaces, including both occupied and unoccupied spaces, contained in that park owner's mobilehome park, and the number of recreational and commercial coach spaces, both occupied and unoccupied, in the mobilehome park. Re-registration and provision of this information must also be made upon change of ownership of the mobilehome park or an increase or a decrease in the number of spaces.

(D) On or before October 31st of each year, each mobilehome park owner shall pay to the administrator the mobilehome park rent stabilization program administration fee then in effect for each occupied mobilehome space in the park owner's mobilehome park, except for those spaces subject to a rental agreement in full compliance with the requirements of California Civil Code Section 798.17(a) and (b) or which qualify as new construction under California Civil Code Section 798.45. The administrator shall issue to each park owner a receipt for payment of the fees required by this section.

(E) Allocation of Fee.

(1) A park owner who pays the fees may allocate fifty percent of the fees assessed against a mobilehome space to the resident pursuant to the provisions set forth below. This allocation shall be passed on, if at all, no later than the next park anniversary date or within twelve months from the date of payment to the city, and shall be prorated over a twelve-month period. The remaining fifty percent of the fees assessed against a mobilehome space shall not be passed on in any way to residents. Sanctions assessed to a mobilehome park owner may not be passed through to the residents, as the administration fee is.

(2) The park owner shall provide to all affected residents documentation supporting the allowable amount to be collected in order to recover a portion of rent stabilization administration fees. At a minimum, such documentation shall include: (1) billing notices or other equivalent documents from the city imposing the rent stabilization administration fee; (2) a copy of this section; (3) the calculations used by the park owner to apportion the cost of the allowable percentage among the affected residents; (4) the address and telephone number of the administrator; and (5) notice to the affected resident that such resident is encouraged to contact the administrator for an explanation of the provisions of this chapter.

(F) The fee allocation shall not be considered part of the base rent upon which future rent increases can be made.

(G) The fee allocation shall be separately listed on any monthly or other periodic billing statement to the resident.

(H) A service fee equal to one and one-half percent per month will be charged on all late payments of administration fees under this chapter. The service fee may not be passed on to residents.

(I) The administrator shall have the power to impose monetary sanctions on any party violating this chapter. Any sanctions imposed shall not be subject to a claim for reimbursement or allocation of a fee. The administrator shall establish from time to time a schedule of the amount of sanctions to ensure chapter compliance subject to confirmation by resolution of the city council.