As used in this chapter, the following terms shall have the following meanings.
BASE YEAR. The calendar year 1991; or the year established by the most recent (prior) hearing before a hearing officer; or, if necessary, the year established by the City Council in mobile home parks first operating after 1991.
CAPITAL IMPROVEMENTS. Those improvements, not previously located in the mobile home park, that materially add to the value of the mobile home park property, appreciably prolong its useful life or adapt it to new uses, which are claimed by the mobile home park owner as capital expenses for Internal Revenue Code purposes and which are
required to be amortized over the useful life of the improvement pursuant to the Internal Revenue Code and the regulations issued pursuant thereto; provided, this definition shall be limited to capital improvements approved by more than 50% of the tenants in the affected mobile home park.
CITY. The City of Menifee, California.
CITY COUNCIL. The City Council of the City of Menifee, California.
CONSUMER PRICE INDEX OR "CPI". The Index known as the "Consumer Price Index for All Urban Consumers, Riverside-San Bernardino-Ontario Area" (base year 1982-1984) published by the Bureau of Labor Statistics of the U.S. Department of Labor and thereafter, or any successor designation of that index which may replace this index if it is discontinued.
DIRECTOR. The Community Development Director of the City of Menifee.
HEARING OFFICER. An official appointed by the City Manager, or the City Manager's designee, to conduct investigations or administrative hearings pursuant to this chapter.
MOBILE HOME. A "mobile home" as defined in Cal. Civil Code § 798.3, as it may be amended, or a successor code section.
MOBILE HOME PARK. An area of land 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. Any owner, lessor, or sublessor or a mobile home park in the City of Menifee, and the representative, agent or successor of such owner, lessor or sublessor, who receives or is entitled to receive rent for the use or occupancy of any mobile home space thereof, and 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 RESIDENCY LAW. Cal. Civil Code §§ 798 et seq., as the same may be amended.
MOBILE HOME SPACE OR SPACE. The site within a mobile home park 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.
REHABILITATION WORK. Any renovation or repair work completed on or in a mobile home park performed in order to comply with the direction or order of a public agency or public utility, or to maintain existing improvements in a safe and usable condition, or to repair damage resulting from fire, earthquake, or other casualty.
RENT INCREASE. Any space rent increase demanded of or paid by a tenant, including any reduction in housing services without a corresponding reduction in the monies demanded or paid for rent.
RENTAL AGREEMENT. An agreement, whether written or oral, between a mobile home park owner and tenant establishing the terms and conditions of a tenancy in a mobile home park. A lease is a rental agreement.
SPACE RENT. The consideration, including any bonuses, benefits, deposits, or gratuities demanded or received for and in connection with the use or occupancy of a mobile home space, including for facilities, services, and amenities accruing to tenants, but exclusive of any amounts paid for the use of the mobile home as a dwelling unit. SPACE RENT shall not include any separately billed utility fees and charges such as for natural gas or liquid propane gas, electricity, water, cable television, garbage service or sewer service. SPACE RENT shall not include separate charges from the mobile home park owner to tenants for the governmental fees and assessments authorized by Cal. Civil Code § 798.49.
TENANCY. The right of a tenant to use a mobile home space on which to locate, maintain and occupy a mobile home, site improvements and accessory structures; for human habitation, including the use of the services and facilities of the mobile home park.
TENANT. Any person entitled to occupy such mobile home space pursuant to a rental agreement, or other written or oral agreement.
TENANT-TO-BE. Any person who is not currently a tenant in a mobile home park but is a prospective tenant and has presented himself/herself to the mobile home park owner as a prospective tenant, as well as a current tenant under a rental agreement of 12 months or less, who is being offered a rental agreement in excess of 12 months by the mobile home park owner.
(Ord. 2023-366, passed 3-1-2023)