HomeMy WebLinkAboutD - Revised Title 5 Text (Licenses, Permits, and Regulations - Legislative Draft)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. E. Spaces in a mobile home park which sells lots for factory-built or manufactured housing,
or which provides condominium ownership of such lots, but only when the dwelling unit and
the underlying interest in the space it is located upon are in the same ownership. (Ord. 1228 § 1,
1992; Ord. 1117, 1988)
5.44.040 Mobile home park owner exemptions under Section
5.44.030(F).
A. Any mobile home park owner claiming an exemption under Section 5.44.030(F) shall comply
with the following requirements and procedures:
1. Such mobile home park owner shall file with the city clerk a statement setting forth the
basic facts upon which the claim for exemption rests, such as total number of spaces,
number on long-term leases, identity of spaces on long term leases, expiration date for
each long-term lease and any other information determined necessary by the city
administrative officer to evaluate the claim.
2. The statement shall include a listing, by space number and name, of each tenant not on
a long-term lease and who would be affected by the claim of exemption. In addition, the
owner shall provide proof of service that all tenants have been notified of the claim of
exemption and of the fact that a tenant may file an objection within thirty days.
3. The statements required to be filed above shall be confidential and not public records
unless and until a hearing officer determines otherwise as necessary to conduct a hearing
as set forth in subsections (D) or (F) of this section.
B. An objection to the claim of exemption may be filed with the city clerk within thirty days
after the notice of claim has been served. The objection shall state the grounds of the objection.
The only acceptable grounds for objection is that the owner in fact does not have two-thirds of
the spaces in the park on long-term leases.
C. If an acceptable and timely objection is received the owner and the tenant(s) filing the
objection shall meet and confer to negotiate in good faith and attempt to reach an agreement.
If no agreement is reached within thirty days of the date of filing of the objection, the owner
shall within ten days notify the city administrative officer that an agreement or resolution to the
objection has not been reached. The city administrative officer shall proceed to select a hearing
officer as set forth in Section 5.44.070(E).
D. The hearing officer shall set and conduct a hearing as set forth in subsections (E) and (G) of
Section 5.44.070. The hearing officer shall determine whether the claim of exemption is valid,
taking into account all relevant evidence, facts and circumstances necessary to come to a
decision.
E. The hearing officer’s charges shall be paid by the city.
F. An appeal may be taken from a decision of the hearing officer as set forth in Section
5.44.110, including the obligation for the costs of the appellate panel as set forth in subsection
(D) thereof. (Ord. 1146 § 1, 1989)