§ 540-2.204. Definitions.

As used in this chapter, the following words and phrases shall have the meanings set forth herein unless it is apparent from the context that a different meaning is intended.

(a)

"Affected mobilehome owners" means all mobilehome owners in a mobilehome park who have been notified by the park owner that a rent increase is to become effective on the same date, or who have been otherwise made aware, in the absence of such notification, that a rent increase (including a reduction in a park service) has or is to become effective on the same date.

(b)

"Base rent" means the space rent charged and allowed by County ordinance on September 20, 1994, plus any rent increase allowed thereafter pursuant to this chapter unless otherwise provided. The base rent for any mobilehome space that was not occupied on September 20, 1994 shall be the highest space rent charged by the park owner for a comparable space in the park on September 20, 1994, plus any rent increases allowed thereafter pursuant to this chapter unless otherwise provided.

(c)

"Capital improvements" means expenditures for anything new, not preexisting.

(d)

"Consumer Price Index" means the Consumer Price Index for all Urban Consumers, San Francisco-Oakland-San Jose Area (or, if the area designation is revised, for the area which encompasses the County of Contra Costa), published by the U.S. Department of Labor, Bureau of Labor Statistics.

(e)

"Hearing officer" means a person designated by the rent review officer to hear a petition pursuant to this chapter who is neither a mobilehome owner nor who 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 is an elected state official.

(f)

"Maintenance and repair" means expenditures to keep the property in good working order.

(g)

"Mobilehome" means a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the Vehicle Code. "Mobilehome" includes manufactured home, as defined in the Health and Safety Code, but does not include a recreational vehicle, as defined in Section 799.29 of the Civil Code, or a commercial coach, as defined in Section 18001.8 of the Health and Safety Code, or factory-built housing as defined in Section 19971 of the Health and Safety Code.

(h)

"Mobilehome owner" means a person who has a tenancy in a mobilehome park under a rental agreement, having the right to the use of a mobilehome space on which to locate, maintain and occupy a mobilehome, site improvements, and accessory structures for human habitation, including the use of the services and facilities of the mobilehome park. "Mobilehome owner" does not include a person who is a resident in a mobilehome but who does not have a tenancy.

(i)

"Mobilehome park" means any area or tract of land within the county where two or more mobilehome spaces are rented, or held out for rent, to accommodate mobilehomes.

(j)

"Mobilehome space" means the site within a mobilehome park intended, designed, or used for the location or accommodation of a mobilehome and any accessory structures or appurtenances attached thereto or used in conjunction therewith. "Mobilehome space" does not include any newly constructed space initially held out for rent after January 1, 1990, or a space occupied by a recreational vehicle.

(k)

"Park owner" means a person or entity that owns or operates a mobilehome park business in the unincorporated territory of the county.

(l)

"Park service" means a service provided by the park owner related to the use or occupancy of a mobilehome space, including but not limited to maintenance of the common area of the mobilehome park, for which the park owner expends money or other quantifiable consideration. For purposes of this chapter park services do not include intangibles or other benefits associated with living at the property for which the park owner does not expend money or other quantifiable consideration.

(m)

"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 April, issued in the month of May. In the event that an index is not published for the month of April that is issued in the month of May, the closest preceding month for which an index is published shall be used.

(n)

"Rental agreement" means an agreement between the park owner and the mobilehome owner for the use and occupancy of a mobilehome space establishing the terms and conditions of mobilehome park tenancy. A lease is a rental agreement.

(o)

"Rent increase" means any additional space rent demanded of or paid by a mobilehome owner for a mobilehome space, including any reduction in park services without a corresponding decrease in the amount demanded or paid for space rent.

(p)

"Rent review officer" means the person or persons designated by the county administrator to administer and enforce the provisions of this chapter.

(q)

"Service reduction" means any reduction in a park service below the level of service existing on or after September 20, 1994, which results in a cost savings to the park owner without a corresponding decrease in rent. The reduction or deferment of maintenance below the level existing on or after September 20, 1994 may constitute a service reduction. However, normal wear and tear of the common area and/or mobilehome space does not constitute a service reduction.

(r)

"Space rent" means the money demanded and received by a park owner for the use or occupancy of a mobilehome space and the nonexclusive use of the common area facilities, but excluding separately billed utilities or reasonable charges for services actually rendered. Nothing in this chapter shall be deemed to regulate rent charged for mobilehomes, as opposed to mobilehome spaces.

(s)

"Substantial rehabilitation" means that work done by a park owner to a mobilehome space, park services, or to the common area of the mobilehome park, exclusive of a capital improvement, the value of which exceeds two hundred dollars and which 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 the cost of such work is not reimbursed by insurance, security deposit proceeds, or any other source.

(Ords. 99-24, § 2; 97-8, § 2; 95-31).