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Ordinance No. 1701 <br />Page 13 <br /> <br /> Ordinance. Income from and expenses attributable to spaces that are <br /> exempted from this Ordinance shall not be considered. (For example, if <br /> 40% of the home owners are subject to this Ordinance, then only 40% of <br /> the income and expenses shall be considered.) The net operating income <br /> for the base year shall be determined only for the spaces affected by the <br /> petition. <br /> <br /> (Section C, no change.) <br /> <br /> D. Determination of Base Year Net Operating Income. To determine the net <br /> operating income during the base year, there shall be deducted from the base year <br /> gross income a sum equal to the actual base year operating expenses and the real <br /> property taxes unless the park owner demonstrates to the satisfaction of the <br /> Hearing Officer that some other (12) twelve consecutive month period is justified <br /> pursuant to this Chapter. <br /> <br /> E. Special Base Year Operating Income Adjustment. It may be determined by the <br /> Hearing Officer that the base year net operating income yielded other than a fair <br /> return on the park owner's investment. In that case the base year net operating <br /> income may be adjusted accordingly. In order to make such determination, the <br /> Hearing Officer shall make at least one of the following findings: <br /> <br /> 1. The park owner's operating expenses and real property taxes in the base <br /> year were unusually high or low in comparison to other years. In such <br /> instances adjustments may be made in calculating such expenses so the base <br /> year of operating expenses reflects average expenses for the park over a <br /> reasonable period of time. The following factors shall be considered in <br /> making this decision. <br /> <br /> (Paragraphs a - c, no change.) <br /> <br /> (Subsection 2, no change.) <br /> <br /> F. Schedule of increases in operating expenses and real property taxes. Where the <br /> schedule of rent increases or other calculations require projections of a prior years <br /> income and expenses, it shall be presumed, subject to rebuttal, that operating <br /> expenses, exclusive of property taxes and management expenses, increased at the <br /> cost of living, that property taxes increased at 2% per year, and that management <br /> expenses are 5% of gross income. <br /> <br /> G. Authorized Adjustments. The Heating Officer shall grant an increase to a park <br /> owner in excess of that allowed by Section 6.60.060 if the Hearing Officer finds <br /> and determines that it is necessary to provide the park owner with a net operating <br /> income, after adjustment for 100% of the increase in the cost of living, equal to the <br /> net operating income realized for the park during the base year. The percentage <br /> <br /> <br />