The following words and phrases, whenever used in this chapter shall be construed as defined in this section.
"Average per space capital improvement cost" means an amount determined by dividing the cost of the capital improvement by the total number of mobile home unit rental spaces in the mobile home park with respect to which the cost was incurred.
"Average per space rehabilitation cost" means an amount determined by dividing the cost of the rehabilitation, less any offsetting insurance proceeds, by the total number of mobile home unit rental spaces in the mobile home park with respect to which the cost was incurred.
"Base year" means the figure employed when determining allowable automatic adjustment to rent pursuant to Section 5-25.06 of this article, as follows:
(1) For all adjustments that occur from November 1, 2020 through October 31, 2025, the base year shall be 2015.
(2) For all adjustments that occur from November 1, 2025 through October 31, 2030, the base year shall be 2020.
(3) Thereafter, on November 1 at five (5)-year intervals, the base year shall increase by five (5) years from the previous base year.
(4) For rental spaces vacated, as defined in Section 5-25.07, from January 1,2005 and thereafter and eligible for decontrol/recontrol pursuant to this chapter, the base year shall be the year in which the space is re-rented and shall remain so until the base year is reset to a later year, as determined by reference to subsections (1) and (2) above. The following are examples:
(i) Example A: Coach A is sold on June 15, 2018 and subject to decontrol/recontrol on that same date. The base year for Coach A is 2018 from June 15, 2018 until October 31, 2025. Starting November 1, 2025, the base year for Coach A shall be 2020 pursuant to subsection (2) above.
(ii) Example B: Coach B is sold on September 1, 2021 and subject to decontrol/recontrol on that same date. The base year for Coach B is 2021 from September 1, 2021 until October 31, 2030. Starting November 1, 2030, the base year for Coach B shall be 2025 pursuant to subsection (3) above.
"Capital improvement" means the addition, replacement, or eligible major repair, of an improvement to a rental space(s) or the common areas or amenity of the mobile home park provided such new improvement has a useful life of three (3) years or more, and exceeds Three Thousand and no/100ths ($3,000) Dollars, including but not limited to, computers, televisions, and electronics, roofing, carpeting, draperies, stuccoing the outside of a building, air conditioning, security gates, swimming pool, sauna or hot tub, fencing, garbage disposal, washing machine or clothes dryer, dishwasher, recreational equipment permanently installed on the premises, streets, driveways, curbs and gutters, sidewalks, water, wastewater, and other utility systems, and other similar improvement, and may include the actual interest cost incurred by the landlord to finance the improvement, so long as the terms and interest rate of such financing are commercially reasonable and negotiated at arm's length.
"Commission" means the Planning Commission of the City of Thousand Oaks.
"Decontrolled space" means any space formerly subject to the Rent Stabilization Ordinance, as amended, which was vacated on or after May 1, 1981 and remained vacant on or after June 26, 1981 by reason of the tenants' voluntary vacation of that space or the tenants' eviction for nonpayment of rent.
"Housing services" means services connected with the use or occupancy of a mobile home rental space including, but not limited to, utilities except those utilities for which a tenant is billed directly by a utility company (including gas, electric, water, and wastewater), ordinary repairs or replacement and maintenance, including painting. This term shall also include the provision of elevator service, laundry facilities and privileges, common recreational facilities, common area landscape maintenance except for the trimming, pruning or removal of trees, janitor service, resident manager, refuse removal, furnishings, and parking.
"Index" means the figure employed when determining allowable rent increases under Section 5-25.06. The index shall be calculated as one hundred percent (100%) of the City's then currently selected Consumer Price Index as determined by the U.S. Department of Labor Statistics for all urban consumers for the year ending March, rounded to the nearest tenth.
"Landlord or Mobile home park owner" means an owner, lessor or sublessor (including any person, firm, corporation, partnership, or other entity) of a mobile home park, who receives or is entitled to receive rent for the use of any mobile home rental space, or the agent, representative or successor of any of the foregoing.
"Maximum base rent" means the highest legal monthly rent which was in effect for the rental space or spaces on November 1 of the base year. Any increase subsequently effected pursuant to Section 5-25.06 shall be computed against the maximum base rent.
"Maximum rent" means the maximum adjusted rent plus any administrative adjustment for capital improvements or rehabilitation granted pursuant to Section 5-25.08 of this chapter.
"Mobile home" means a mobile home as defined in the Mobile Home Residency Law pursuant to Civil Code section 798.3.
"Mobile home park" means a parcel of land where two or more mobile home spaces are rented or leased out for mobile homes used as residences. "Mobile home park" does not include developments which sell lots for mobile homes or manufactured housing for individual ownership, or which provide condominium ownership of such lots, even if one or more homes in the development are rented or leased out.
"Mobile home owner, tenant or resident" means any person entitled to occupy a mobile home which is located within a mobile home park.
"Rehabilitation work" means any rehabilitation or repair work done on or in a rental space or common areas of the housing complex containing the rental space and which work was done in order to comply with any validly issued governmental order, or to repair damage resulting from fire, earthquake or other natural disaster.
"Rent" means the consideration, including any bonus, benefits or gratuity, demanded or received by a landlord for, or in connection with the use or occupancy of a rental space, or the assignment of a lease for such a space including, but not limited to, any monies demanded or paid for parking, furnishings, housing services of any kind, subletting or security deposits.
"Rental space," except as provided in Section 5-25.03, includes underlying land and mobile homes thereon, whether rent is paid for the mobile home and the land upon which the mobile home is located, or rent is paid for the land alone.
"Tenant" means a tenant, subtenant, lessee, sublessee, or any other person lawfully occupying a mobile home rental space.
"Vacancy" means either when a tenant voluntarily vacates a mobile home rental space or when a tenant is legally evicted. A vacancy shall not exist when the tenant sublets or assigns his interest in the rental space, including the subletting or sale of a mobile home coach which remains on the same space within a mobile home park. If a mobile home is removed from the space, the space is decontrolled until re-rented to a new tenant and thereafter is subject to all the provisions of this chapter.
(§ 2, Ord. 1254-NS, eff. January 23, 1996 as amended by § 2, Ord. 1559-NS, eff. September 6, 2011 as amended by Ord. 1686-NS, eff. August 19, 2021)