(a) Initiation.
(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 Statistics.
(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 envelopes.
(b) Park inspections and hearings on applications for adjustment.
(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 determination.
(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 chapter.
(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.
(1) All 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 application.
(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 commission.
(7) At the fair return review hearing, the commission shall consider all relevant, available evidence, including, but not limited to:
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 leased land;
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; and
l. Any particular hardship circumstances of the park owner/applicant or the residents.
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 the commission.
(e) Determination of allowable adjustment by the commission.
(1) The commission shall render its written findings and decision on the application within such time period as provided by this chapter.
(2) The commission shall grant such space rent ceiling adjustment as it determines, in its sole discretion, is appropriate based upon its findings.
(3) Any space rent ceiling adjustment granted by the commission shall become effective in accordance with the provisions of this chapter.
(4) No NOI or spectral adjustment shall become effective until the park has passed the health and safety inspection provided in subsection (b)(1).
(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 procedure.
(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.
(h) Miscellaneous additional provisions.
(1) No NOI or special adjustment shall be granted unless supported by the preponderance of the evidence submitted at the hearing.
(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).)