CHAPTER 16B. MANUFACTURED HOME SPACE RENT CONTROL.
Sec. 16B-14. Space rent ceiling adjustment procedures.
(1) In order to initiate an annual permissive or NOI
space rent ceiling adjustment, as provided in Section 16B-8(c), a pass-through
adjustment, as provided in Section 16B-8(d), or a special adjustment, as
provided in Section 16B-9(d), a manufactured home park owner must submit an
application for such an adjustment to the secretary of the commission. The
application shall be submitted at such time and in such form and with such
supporting data as may be required by the commission. Permissive and NOI
applications shall not be considered complete until the CPI figures required to
calculate the adjustment are available from the Bureau of Labor
(2) NOI and special adjustment applications shall be accompanied
by an affidavit from the park owner or his designee declaring that copies of the
application have either been personally served on each manufactured home
resident (service on one adult member of a manufactured home household shall
constitute service on each adult member thereof) or mailed first class postage
prepaid to each manufactured home residence within the park.
(3) The NOI or
special adjustment application shall be accompanied with two sets of four-by-ten
envelopes with first class postage affixed and pre-addressed to each
manufactured home residence in the park.
(4) The secretary to the commission
shall not accept an NOI or special adjustment application for filing unless it
is accompanied by both the affidavit of service or mailing and the required
(b) Park inspections and hearings on applications for
(1) Upon receipt of a complete application for a permissive,
NOI, pass-through, or special adjustment, the commission or staff shall order an
inspection of the park by the city of Woodland community development department
to determine the park’s compliance with health and safety standards within
the enforcement jurisdiction of the city of Woodland, zoning ordinances, and
land use permits.
(2) If, after inspection of the park it is determined that
the park complies with all applicable health and safety requirements, zoning
provisions, and land use permits, and the park owner is otherwise entitled to a
permissive or pass-through adjustment, as provided in this chapter, the
commission shall authorize a permissive or pass-through adjustment as requested
in the application or as determined appropriate by the commission. The
commission shall notify the park owner by first class mail of such
(3) If after the investigation it is determined that the park
owner is not in compliance with health and safety standards within the
enforcement jurisdiction of the city of Woodland, zoning ordinances, and land
use permits, the commission shall notify the park owner of any and all
conditions found at the park that are not in compliance with such requirements.
If the commission determines that the park owner is otherwise entitled to a
permissive or pass-through adjustment as provided in this chapter, the
commission shall grant the adjustment to be effective only upon the parks
providing satisfactory evidence as required by the commission, that all
unsatisfactory conditions in the park have been remedied.
(c) Hearings on
application for NOI or special adjustment.
(1) Upon receipt of a complete
application, including the health and safety inspection, for an NOI adjustment,
or a special adjustment under Section 16B-9(d), the commission shall conduct a
hearing to act upon the application in accordance with the provisions of this
(2) The secretary shall notify the park owner, or other person
designated on the park’s registration, and the park residents of the time,
date and place of the hearing. Such notice shall be mailed at least fifteen days
prior to the scheduled hearing date.
(d) Conduct of hearings.
hearings before the commission shall be open to the public.
(2) A scheduled
hearing may be continued for a reasonable period of time as determined by the
commission upon stipulation of the parties thereto or upon a finding of good
cause for such continuance made by the commission.
(3) The time allotted for
any hearing may be reasonably limited by the commission. The commission may also
reasonably restrict the time allotted to any party or other witness to present
evidence or testimony.
(4) At the hearing the commission shall hear all
offered testimony and receive all offered documentary evidence relevant to the
(5) Any party to a hearing may have assistance in presenting
evidence and testimony and developing their position from attorneys, experts or
such other persons as may be designated by such party.
(6) In addition to
any testimony and evidence offered at the hearing by any of the parties, the
commission may consider any other relevant evidence, as determined by the
(7) At the fair return review hearing, the commission shall
consider all relevant, available evidence, including, but not limited
a. Changes in the Consumer Price Index;
b. Rent for comparable
mobile home spaces in the city of Woodland;
c. The length of time since the
last rent increase or rent adjustment;
d. Capital improvements made to the
park and the costs for such improvements;
e. Changes in property taxes or
other assessed taxes to the park;
f. Rent paid by park owner/applicant for
g. Changes in utility charges or rates;
h. Changes in
reasonable operating and maintenance expenses;
i. The need for repairs
caused by circumstances other than ordinary wear and tear;
j. The amount and
quality of services and amenities provided by the park owner applicant to the
residents of the park;
k. The park owner/applicant’s investment,
additional investments, appreciation, depreciation, and possible tax benefits;
l. Any particular hardship circumstances of the park owner/applicant or
It shall be the responsibility of the applicant for a special
adjustment to provide any such evidence available to him or her upon request by
(e) Determination of allowable adjustment by the
(1) The commission shall render its written findings and
decision on the application within such time period as provided by this
(2) The commission shall grant such space rent ceiling adjustment
as it determines, in its sole discretion, is appropriate based upon its
(3) Any space rent ceiling adjustment granted by the commission
shall become effective in accordance with the provisions of this
(4) No NOI or spectral adjustment shall become effective until the
park has passed the health and safety inspection provided in subsection
(f) Hearing fees.
(1) The city council shall set appropriate
hearings fees by resolution.
(2) There shall be no required fee for an
annual permissive adjustment or pass-through application.
(3) A park owner
submitting an application for an NOI adjustment or a special adjustment shall
submit with the application a hearing fee as determined by resolution of the
city council. The application shall not be complete unless and until such fee is
received by the commission secretary.
In the event the park owner is granted
the NOI adjustment requested in the application, or in the event the park owner
is granted any special adjustment at the fair return hearings, the park owner
shall be entitled to pass through the hearing fee to the residents of the park
along with the adjustment granted, only to the extent, if any, such pass-through
is included in the decision of the commission.
(g) Uniform application
(1) Beginning January 1, 2003, all applications for annual
permissive or NOI adjustments shall be received by the commission secretary on
or before March 1st of each year.
(2) Applications that are complete on or
before March 15th shall be set for hearing and heard by the commission no later
than April 30th in the year the application is submitted. The decision of the
commission with respect to any such application shall be issued no later than
April 30th of that year, and the effective date of any allowable increase shall
be no earlier than July 1st of the year.
(3) An application shall be deemed
complete when (a) the park is current in all registration and registration fee
requirements, (b) the completed application has been submitted to the
commission, (c) all supporting material, as required by the commission, has been
received by the commission, and (d) the commission has received the required
hearing fee, if applicable.
(4) If the application is not complete on March
15th, the hearing may be delayed until thirty days after the application is
complete. In such instances any rent increase shall be effective sixty days
after any adjustment is granted by the commission.
(5) Applications for a
special adjustment pursuant to Section 16B-9(d) may be submitted at any time. A
hearing on the application for special adjustment shall be held within sixty
days from the date the completed application is received by the commission, and
the decision of the commission issued no later than ninety days from such date.
The effective date of any allowable adjustment shall be no earlier than sixty
days from the date the special adjustment is granted.
(1) No NOI or special adjustment shall be granted
unless supported by the preponderance of the evidence submitted at the
(2) The commission shall render its written findings and decision
on the application within fourteen calendar days from the date of the close of
the hearing or as otherwise provided in this chapter. The secretary shall send a
copy of the commission’s findings and decision to the park owner or other
person designated on the park’s registration and to such residents as may
request such findings and decision.
(3) Pursuant to its findings, the
commission shall grant such space rent ceiling adjustment as is justified
thereby. The decision of the commission shall be final.
(4) Any space rent
adjustment granted by the commission shall become effective immediately unless
otherwise specified by the commission or provision of this chapter. (Ord. No.
1362, § 1 (part).)