HomeMy WebLinkAboutR-6400 Calling a Special Election on Tuesday June 7, 1988 to Vote Upon Proposed Ordinance Concerning Mobilehome Rent Regulationsi o
RESOLUTION NO. 6400 (1988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD
IN SAID CITY ON TUESDAY, JUNE 7, 1988, AND TO BE
CONSOLIDATED WITH THE STATE -WIDE PRIMARY ELECTION TO BE
HELD ON SAID DATE FOR THE PURPOSE OF VOTING UPON PROPOSED
ORDINANCE CONCERNING MOBILEHOME RENT REGULATIONS
WHEREAS, the Charter of the City of San Luis Obispo and state law
provide for the City Council to place an ordinance before the voters for
consideration; and
WHEREAS, the City Council desires to submit to the voters at the
election a question relating to mobilehome rent regulations.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. There is hereby called and ordered in the City of San Luis
Obispo, State of California, on Tuesday, June 7, 1988, a Special Municipal
Election of the qualified electors of the city, to be consolidated with
the Statewide Primary Election, to vote upon an ordinance to establish
mobilehome rent regulations.
SECTION 2. That the City Council pursuant to its right and authority
does order submitted to the voters at the Special Municipal Election the
following question:
CITY MEASURE "D"
Shall the Mobilehome Ad Hoc Committee's YES 0,
recommended ordinance establishing NO Q"
Mobilehome Rent Regulations be adopted?
SECTION 3. That the proposed measure submitted to the voters is as
follows:
"BE IT ORDAINED by the People of the City of San Luis Obispo as
follows:
R6400
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Resolution No. 6400 (1988 Series)
Page 2
SECTION 4. The Proposition shall pass only if a majority of the votes
cast by voters for the proposed ordinance are "YES votes.
SECTION 5. That the City Clerk is authorized, instructed and directed
to procure and furnish any and all official ballots, notices, printed
matter and all supplies, equipment and paraphernalia that may be necessary
in order to properly and lawfully conduct the election.
SECTION 6. That the polls for the election shall be open at seven
o'clock a.m. of the day of the election and shall remain open continuously
from that time until eight o'clock p.m. of the same day when the polls
shall be closed, except as provided in Section 14301 of the Elections Code
of the State of California.
SECTION 7. That in all particulars not recited in this resolution,
the election shall be held and conducted as provided by law for provided
by law for holding municipal elections.
SECTION 8. That notice of the time and place of holding the election
is given and the City Clerk is authorized, instructed and directed to give
further or additional notice of the election, in time, form and manner as
required by law.
SECTION 9. That the City Clerk shall certify to the passage and
adoption of this Resolution and enter it into the book of original
Resolutions.
On motion of Councilman Settle , seconded by Councilwoman Pinard , and
on the following roll call vote:
Resolution No. 6400 (1988 Series)
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Page 3
AYES: Councilmembers Settle, Pinard, Rappa, Reiss and Mayor Dunin
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 23rd day of February,
1988.
ATTEST:
V
CITY CLERK PAM VIDES
s s s s
APPROVED:
City A ministrative Officer
City —At rney
CitV Clerk
Z?a /d 4e ��
C, o
January 28, 1988
Chapter 5.44
MOBILE HOME PARK RENT STABILIZATION
Sections:
5.44.010 Purpose and intent.
5.44.020 Definitions.
5.44.030 Exemptions.
5.44.040 (Repealed.)
5.44.050 City Council -- Powers and duties.
5.44.060 Base space rent -- Determination -- Allowable
increases without hearing
5.44.070 Application for rent adjustment-- Fee== Contents--
Notice of request -- Hearing..
5.44.080 Application for rent adjustment -- Conduct of
hearing.
5.44.090 Application for rent adjustment-- Evaluation --
Relevant factors.
5.44.100_ Application for rent adjustment -- Hearing- -
Determina -
tion.
5.44.110 Application for rent increase -- Hearing -- Appeal.
5.44.120 Rent increases not made in conformity with
provisions -- Tenant's right to refuse to pay.
5.44.130 Actions brought to recover possession of mobile
home space -- Retaliatory eviction grounds for
denial.
5.44.140 Owner to provide tenants with copy of this
chapter.
5.44.141 Amendment.
5.44.142 Severability.
5.44.010 Purpose and intent.
A. There is presently within the city and the
surrounding areas a shortage of spaces for the location
of mobile homes. Because of this shortage, there is a
very low vacancy rate, and rents have been for several
years, and are presently, rising rapidly and causing
concern among a substantial number of San Luis Obispo
residents.
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B. Mobile home tenants, forced by the lack of suitable
alternative housing, have had to pay the rent increases and
thereby suffer a further reduction in their standard of
living.
C. Because of the high cost and impracticability of
moving mobile.homes, the potential for damage resulting
therefrom, the requirements relating to the
installation of mobile homes, including permits,
landscaping and site preparation, the lack of
alternative homesites for mobile home residents, and
the substantial investment of mobile home owners in
such homes, this council. finds and declares it
necessary to protect the owners and occupiers of mobile
homes from unreasonable rent increases, while at the
same time recognizing the need of park owners to
receive a suitable profit on their property with rental
income sufficient to cover increases in costs of
repair, maintenance, insurance, utilities, employee
services, additional amenities, and other costs of
operation, and to receive a fair return on their
property.
D. This council finds that the present low vacancy
rate and frequent rent increases are particularly hard
upon and unfair to residents of mobile home parks
within the city. Large numbers of these residents are
senior citizens and others on fixed incomes -.who
installed their mobile homes in the city when the
present inflationary rent increases could not
reasonably have been foreseen.
E. However, this council recognizes that a rent
stabilization ordinance must be fair and equitable for
all parties and must provide appropriate incentives for
mobile home park operators to continue their parks
profitably, as well as to attract additional investors
for new parks. (Ord. 923 §1 (part), 1982: prior code
§4800)
5.44.020 Definitions
For the purpose of this chapter, certain words and
phrases used herein are defined as follows:
A. "Capital improvements" means those improvements,
not previously located in the mobile home park, that
materially add to the value of the property and
appreciably prolong its useful life or adapt it to new
uses, and which may -be amortized over the useful life
of the improvement in accordance with the Internal
Revenue Code and regulations issued pursuant thereto;
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provided, that this definition shall be limited to
capital improvements approved by more than fifty
percent of the tenants in the affected park.
B. "Mobile home park" means an area of land which
rents spaces for mobile home dwelling units.
C. "Mobile home park owner" or "owner" means the
owner, lessor, operator or manager of a mobile home
park.
D. (Repealed)
D. "Mobile home tenant" or "tenant" means any person
entitled to occupy a mobile home within a mobile home
park pursuant to ownership of the mobile home or under
a rental or lease agreement with the .owner of the
mobile home.
E. "Rehabilitation work" means any renovation or
repair work completed on or in a mobile home park
performed in order to comply with the direction or
order of a public agency or public utility, or to
maintain existing improvements in a safe and usable
condition, or to repair damage resulting from fire,
earthquake or other casualty.
F. "Space rent" means the consideration, including
any security deposits, bonuses, benefits or gratuities,
demanded or received in connection with the use and.
occupancy of a mobile home space in a mobile home park,
or for housing services provided, but exclusive of any
amount paid for the use of a mobile home dwelling unit.
(Ord. 923 §1 (part), 1982: prior code §4801)
G. "Change of ownership" means the sale, rental
transfer, or exchange of a mobile home subject to the
provisions of this chapter excepting the transfer to
tenant's spouse by gift, bequest or devise.
H. "Hearing Officer" means the duly appointed
hearing officer selected from a panel of qualified
hearing officers. A hearing officer shall have no
financial interest in either a mobile home park or
a mobile home nor have been a resident of nor
reside in a mobile home park.
I. "Appellate Panel" means a panel of three qualified
hearing officers. A panelist shall have no financial
interest in either a mobile home park or a mobile home
nor have been a resident of nor reside in a mobile home
park.
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J. "CPI" shall be'the Consumer Price Index (1967 =100)
All Items,, All Urban Consumers, for the Los
Angeles /Long Beach /Riverside standard metropolitan
statistical area published by the Bureau of Labor
Statistics, United States Department of Labor. If the
CPI is not hereafter published, then any substitute
index, or, if none, then the index most closely
resembling the CPI shall become the new CPI.
R. "Qualified Hearing Officer ". The City
Administrative Officer shall maintain a list of
available qualified. hearing officers. Qualified
hearing officers shall be persons experienced in
financial and accounting methods with knowledge of
mediation process and rules of evidence.
5.44.030 Exemptions..
The provisions of this chapter shall not apply to the
following tenancies in mobile home parks-
A. Mobile home park spaces rented for nonresidential
uses;
B. Mobile home parks managed or operated by the United
States Government, the state of California, or _.the
county of San Luis Obispo;
C. Tenancies which do not exceed an occupancy of
twenty days and which do not contemplate an occupancy
of.more than twenty days.
D. Tenancies for which any federal or state law or
regulation specifically prohibits rent regulation;
E. Tenancies covered by leases or contracts which
provide for a tenancy of more than a year, but only
for the duration of such. lease or contract. Upon the
expiration of or other termination of any such lease or
contract, this chapter shall immediately be applicable
to the tenancy. No rent increases other than that
allowed under the provisions of the lease, .shall be
allowed during the duration of such a lease or
contract.
F. Spaces in a mobile home park
66.67% of said spaces are governed
initial term of more than one year.
G. Mobile home parks which sell
built or manufactured housing,
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in which at least
by a lease with an
lots for factory -
or which provide
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condominium ownership of such lots, even if one or more
homes in the development are rented or leased out.
(Ord. 923 §1 (part), 1982: prior code §4802)
5.44.040 (Repealed)
5.44.050 City Council -- Powers and duties.
Within the limitations provided by law and in addition
to any other powers and duties the Council has, the
City Council shall have the following powers and
duties:
A. To meet from time to time as required to receive,
investigate, hold hearings on, and pass upon the issues
relating to mobile home park rent stabilization as set
forth in this chapter;
B. To direct staff to make or conduct such independent
hearings or investigations as may be appropriate to
obtain such information as is necessary for Council to
carry out its duties;
C. To adopt, promulgate, amend and rescind
administrative rules, as it deems appropriate to
effectuate the purposes and policies of this chapter.
(Ord. 923 §1 (Part 1952: prior code §4804)
5.44.060 Base space rent - - -- Allowable increases without
hearing.
A. The "base space rent" for purposes of this chapter
shall be the monthly space rent charged as of March 15,
1982 plus any increases otherwise allowed, pursuant to
this Chapter. The maximum monthly space rent for any
space under a lease, upon expiration of the lease
shall be no more than the •rent charged in the last
month 'of said lease. In parks where there is an
exemption because 66.67% of the spaces are governed by
a lease with an initial term of .more, than one year,
then the maximum monthly space rent shall be the space
rent designated in leases for comparable spaces. A
schedule of current rents in the park shall be posted
in a conspicuous place in the park.
B. Except as otherwise provided in this chapter, the
maximum monthly space rent may be increased no more
than once a year based on the percentage change in the
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CPI, or 9 %, whichever is less, calculated as follows:
1. The maximum monthly space rent may be increased at
a rate equal to 100 percent (100 %) of the CPI up to 5
percent (5 %) and 75 percent (75 %) of the CPI in excess
of 5 percent (5 %) calculated as follows:
.a. The change in space rent shall be calculated
by dividing the ending CPI index by the beginning
CPI index.
.b. If the resulting quotient is less than 1.05,
then it shall be multiplied by the space rent.
The resulting product shall be the new space rent.
.c. If the resulting quotient is greater than
1.05, then the difference between the resulting
product and 1.05 shall be multiplied by 75
percent. The resulting product shall be
multiplied by the space rent and that product
shall be added to the sum derived from 5.44.060
B.2 above. The sum shall be the new space rent.
.d.
The
beginning CPI
index shall be the index
for
the
month used as
the ending index for the
last
CPI
adjustment.
.e. The ending CPI index shall be the index •f or
the month twelve months after the beginning index.
2. Each month the City Administrative Officer shall
publish the percentage change of the CPI allowed "under
this Section B for the 12 -month period immediately
preceding the month for which CPI information has been
most recently published.
3. It is the intention of this paragraph 5.44.060 B
to allow for automatic increases in space rent based
on changes in the cost of living as measured by the
CPI. The limitations on such increases are intended to
minimize the immediate impact drastic changes in the
CPI might have on residents. The limitations are not
intended to prevent ultimate adjustments to allow
owners to receive a fair return on their property.
C. The maximum monthly space rent of a tenant may be
increased by the owner when there is a change of
ownership affecting a mobile .home. However, such
increase shall not exceed 10% of the then existing
space rent and may not be relied upon any more often
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than once in any 36- month period as the basis to
increase rent. In the event of change of ownership
resulting from subletting of the mobilehome space as
may be allowed by State law, should such become State
law, then upon any such subletting then the space rent
may be increased up to 10% of the thhen- existing space
rent. In the event of change of ownership resulting
from vacation of the space, then the space rent may be
adjusted to fair market rent in the community.
D. No owner shall either (1) demand, accept or retain
a rent of or from a tenant in excess of the maximum
rent permitted by this chapter, or (2) effect a
prohibited rent increase by a reduction of general park
facilities and services. However, an owner may modify
the nature of park services if reasonable allowance is
provided to the tenant. For example, if the owner
elects to submeter water so that tenants pay for water
consumed by them, then tenants shall receive a
reasonable reduction from their base space rent. (Ord.
1079 §1, 1986; Ord. 1020 §l, 1984: Ord. 923 §1 (part),
1982.: prior code §4805)
E. Space rent may be automatically adjusted based on
increases in expenses for common area utilities; new
government mandated services; garbage service and cable
television, where applicable. The space rent may be
adjusted by dividing the total increase in any such
expenses incurred during a twelve -month period by
twelve, less the percentage in the CPI index for the
twelve -month period. The quotient shall be allocated
to the space rent for each space in the park based on
the amount the space rent relates to total space rent
for the park. Notice of the .increase shall be in
writing and shall be given as required by law no less
than 60 days prior to any such increase being
effective. The notice shall state the amount of the
rent increase, the new space rent, the amount of the
total increase in expenses and the nature of the
expense. A copy of the notice shall be given to the
City Administrative Officer. The City Administrative
Officer shall have the authority to resolve questions
regarding computation of the space rent increase based
on this section. There shall only be one such increase
in any twelve -month period.
5.44.070 Application for rent adjustment-- Fee -- Contents --
Notice of request -- Hearing.
A. Except for automatic increases in base rent allowed
under Section 5.44.060, an owner or tenant may file
with the City Clerk an application for a rent
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adjustment ( "application "). The application shall
state the amount of the adjustment for each space
affected and the reasons for the adjustment.
1. An application shall be accompanied by the
payment of a fee as may be established from time
to time by the council.
2. An application filed by an owner shall be
accompanied by a statement stating that the tenant
for each space affected has been served either
personally or by mail with a notice describing the
application and the change in rent or services.
3. An application filed by a tenant shall be
accompanied with a statement stating that the
owner has been either personally or by mail served
with the application and with a statement
designating not more than three persons to act as
representatives for the spaces affected and
containing the names and addresses of tenants
representing no less than 51% of the spaces
affected by the application and supporting the
application and established by a secret election.
4. A statement shall accompany the application
and shall notify the receiving party_ that he /she
has 36 days to file an objection and if one is not
filed within the time allowed, then the
application will be automatically granted.
B. An objection to the application may be filed with
the City Clerk within 30 days after the notice of
application has been served. The objection shall
identify the portions of the application objected to
and shall state the grounds of the objection.
1. A copy of an objection filed by an owner shall
be mailed to each of the designated tenant
representatives.
2. A copy of an objection filed by a tenant shall
be mailed to the owner. The tenant's objection
shall designate not more than three persons to act
As representatives for the objecting tenants. The
objection must be accompanied by a statement
containing the names and addresses of tenants
representing no less than 51% of the spaces
affected by the owners application and verifying
that they object to the application, established
by secret ballot election.
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C. If no objection is filed to an application within
the time allowed, or if less than 51% of the tenants
support an objection to an application, then the
application will be automatically granted.
D. If an objection is filed within the time provided,
then the owner and the tenant representatives shall
meet and confer to negotiate in.good faith an agreement
regarding the application. Either party may request a
mediator of their choice to assist in the negotiations,
but this is not required. If an agreement is reached
within 60 days, then the tenant representatives shall
notify all tenants affected by the agreement. The
tenants shall have 10 days to approve or disapprove of
the agreement. If tenants representing a majority of
the spaces affected fail to disapprove of the
agreement then the agreement shall be binding on the
owner and all tenants affected. The City Clerk shall
be notified that an agreement has been reached. The
statements made in negotiations and any agreements
reached but not approved shall not be admissible in any
subsequent hearings regarding the application.
E. If the owner and the tenant representatives fail to
reach an agreement within the time provided or if a
majority of the tenants disapprove of an agreement
reached, then the applicant shall within 10 days notify
the City Administrative Officer that an agreement has
not been reached. The City Administrative Officer
shall obtain a list of no less than five (5) qualified
hearing officers. Owners and tenants may each delete
one person from the list of qualified hearing officers
within seven (7) days and one of the remaining persons
shall be selected by the City Administrative Officer as
the hearing officer. Appointment of the hearing
officer shall be completed no later than twenty -one
days after filing of the notice that an agreement has
not been reached.
F. The hearing officer shall set a hearing on the
application complying with the requirements of this
section no less than ten days and no more than thirty
days after his appointment. The hearing officer
shall notify the owner and tenants, in.writing, of the
time, place and date set for the hearing. No hearing
or any part hereof may be continued beyond thirty days
after the initial hearing date, without the applicant's
consent. If the hearing officer approves an
application as requested or as modified, the same shall
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take effect as noticed by the owner or as the hearing
officer may otherwise direct. (Ord. 1077 §2, 1986;
Ord. 923 §l (part), 1982: prior code §4806)
5.44.080 Application for rent adjustment -- Conduct of
hearing.
A. All review hearings conducted by, the hearing
officer shall be conducted in accordance with the Ralph
M. Brown Act, at Section 54950 et seq, of the
California Government Code and according to the rules
of the American Arbitration Association.
B. All interested parties to a hearing may have
assistance from an attorney or such other personas may
be designated by the parties in presenting evidence or
in setting forth by argument their position. All
witnesses shall be sworn in and all testimony shall be
under penalty of perjury.
C. In the event that either the owner or the tenant(s)
should fail to appear at the hearing at the specified
time and place, the hearing officer may hear and
review such evidence as may be presented and make such
decisions as if all parties had been present.
D. Owner and affected tenants may offer any
testimony, documents, written declarations or other
relevant evidence.
E. Formal rules of evidence shall not apply.
F. Minutes shall be taken at all hearings. (Ord. 923
§1 (part), 1982: prior code §4807)
5.44.090 Application for rent adjustment-- Evaluation --
Relevant factors.
In evaluating the application the hearing officer may
consider, along with all other factors it considers
relevant, changes in costs to the owner attributable to
increases or decreases in master land and /or facilities
lease rent, utility rates, property taxes, insurance,
advertising, variable mortgage interest rates, employee
costs, normal repair and maintenance, and other
considerations, including, but not limited to,
rehabilitation work, capital improvements, upgrading
and addition of amenities or services, net operating
income, and the level of rent necessary to permit a
just and reasonable return on the owner's property.
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(Ord..923 §1 (part), 1982: prior code § 4808)
A. In applying the foregoing factors, the hearing
officer shall utilize the maintenance of net operating
income (MNOI) formula. Under the MNOI allowable gross
.rents are calculated as follows: All operating
expenses for the twelve -month period ending December
31, 1981 are subtracted from all operating expenses for
the twelve -month period immediately preceding the date
of the application for which expense data is available.
In the event operating expenses are not available for
the period ending December 31, 1981, then expenses for
a twelve -month period reasonably close to December 31,
1981 may substituted. The difference shall be added
to gross annual rent based on rental rates in effect on
March 15, 1982. The sum shall.be the allowable gross
annual space rent. The allowable gross space rent
shall be fairly apportioned between all spaces in the
park. The space rent determined under the MNOI formula
shall be adjusted as follows:
1. There shall be an adjustment to allow for
inflation calculated as follows. The net
operating income (NOI) for the base period shall
be calculated by subtracting the park's operating
expenses for the twelve -month period ending
December 31, 1982, from the park's annual gross
space rent based on the space rent in effect• on
March 15, 1982. The CPI index for the month most
I ecently available prior to filing the application-
shall be divided by the CPI index for March, 1982.
The resulting quotient shall be multiplied by the
base period NOI. This shall be the adjusted NOI.
The operating expenses for the twelve - month period
immediately preceding the date of the application
for which information is available shall be added
to the adjusted NOI. The sum shall be the
inflation adjusted gross space rent. The
allowable space rent shall be the greater of the
space rent calculated using the MNOI formula and
the space rent adjusted for inflation.
2. In calculating MNOI there shall be an
adjustment to the gross space rent in effect on
March 15, 1982, if the hearing officer determines
that the gross space rent in effect on that date
did not allow the owner to receive a just and
reasonable return on his property.
3. If the hearing officer concludes that the MNOI
formula, and the adjustments thereto, does not
provide a just and reasonable return to the owner,
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then the hearing officer may apply any reasonable
formula, including a return on investment, a
return on fair market value, or return on equity,
to determine a space rent which will allow the
owner to receive a fair and reasonable return on
his property.
B. The hearing officer shall not consider income
arising from spaces leased in the park pursuant to
5.44.030(E) of this chapter. Likewise, the hearing
officer shall not consider a pro rata portion of the
expenses of park operation attributable to the leased
spaces.
5.44.100 Application for rent adjustment-- Hearing --
Determination.
A. The hearing officer shall make a final decision no
later than twenty days after the conclusion of its
hearing. The hearing officer's decision shall be based
on the preponderance of the evidence submitted at the
hearing. The decision shall be based on findings. All
parties to the hearing shall be advised by mail of the
hearing officer's decision and findings.
B. Pursuant to its findings, the hearing officer may:
1. Permit the requested adjustment to become
effective, in whole or in part; or
2. Deny the requested adjustment; or
3. Permit or deny, in whole or in part, requested
reductions of, or charges for, facilities or
services.
C. Any decision of the hearing officer shall be final
unless, within fifteen days after mailing of the
decision and findings the owner or any affected tenant
appeals the decision. (Ord. 923 §1 (part), 1982; prior
code §4809)
D. The hearing officer's charges shall be paid by the
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5.44.110 Application for rent adjustment -- Appeal -- Hearing.
A. Any appeal from a decision of the hearing officer
shall be filed with the City Clerk. The appellant
shall also mail a copy of the appeal to the responding
party. The appeal shall state the grounds on which it
is based. An appeal filed by a tenant shall be
accompanied by a statement containing the names and
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addresses of the tenants supporting the appeal. The
appeal must be supported by at least 51 percent of the
tenants affected by the appeal.
B. Upon filing of a valid appeal, the City
Administrative Officer shall obtain a list of no less
than seven (7) qualified hearing officers. The
hearing officer who previously acted shall not qualify,
Owners and tenant representatives may each delete one
person from the list of qualified hearing officers
within seven days, and three of the remaining persons
shall be selected by.the City Administrative Officer as
the Appellate Panel. Appointment of the Appellate
Panel shall be completed no later than twenty -one (21)
days after filing the appeal.
C. At the time set for consideration of the appeal the
Appellate Panel shall review and consider the record of
the hearing officer's hearing as well as the decision
and finding of the hearing officer. After review and
consideration the Appellate Panel may either (1)
determine that a further hearing shall be held, or (2)
ratify and adopt the decision and findings of the
hearing officer. If a further hearing is conducted,
the Appellate Panel may upon conclusion of that hearing
and in no event more than thirty days thereafter,
modify or reverse the decision of the hearing officer,
only if the Appellate Panel finds that there has been
an abuse of discretion or that there is no substantial
evidence to support the hearing officer's decision.
(Ord. 923 §1 (part), 1982: prior code §4810) The
Appellate Panel's decision shall be final and no appeal
may be taken to Council.
D. If the party filing the appeal is unsuccessful,
then that party shall pay the Appellate Panel's
charges. If the responding party is unsuccessful, then
both parties and the City shall share equally in
payment of the Appellate Panel's charges..
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5.44.120 Rent increases not made in conformity with
provisions -- Tenant's right to refuse to pay.
A tenant may refuse to pay any increase in rent not
made in conformity with this chapter. Such refusal to
pay shall be a defense in any action brought to recover
possession of a mobile home space or to collect the
rent increase. (Ord. 92.3 61 (part), 1982: prior code
§4811)
5.44.130 Actions brought to recover possession of mobile
home space -- Retaliatory eviction grounds for
denial.
Notwithstanding Section 5.44.120, in any action brought
to recover possession of a mobile home space, the court
may consider as grounds for denial any violation.of any
provision of this chapter. Further, the determination
that the action was brought in retaliation for the
exercise of any rights conferred by this chapter shall
be grounds for denial. (Ord. 92.3 §1 (part), 1982:
prior code 64812)
5.44.140 Owner to provide tenants with copy of this
chapter.
Any tenant offered a lease or contract which if
accepted and fully executed would be exempt from the
provisions of this chapter (Section 5.44.030E) shall'at
the time of the offer also be provided with a copy of
this chapter. (Ord. 923 §1 (part), 1982: prior code.
§4813)
5.44.141 Amendment
The provisions of this Chapter 5.44 may be amended by a
majority vote of the City Council.
5.44.142 Severability
If any portion of this Chapter is
then that shall in no way affect
remaining portions of this Chapter.
ord \mobile.rin (01/28/88)
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found to be invalid,
the validity of the