HomeMy WebLinkAbout05/02/1989, C-4 - FINAL PASSAGE OF ORDINANCE NO. 1146 AMENDING THE MOBILE HOME PARK OWNER EXEMPTIONS TO PROVIDE A PRO I��h��91��Wllllllllll I�I MEET�VG OA
I ��U
city or San tuI s OBISPO ITEM M2
If
COUNCIL AGENDA REPORT NUMB
FROM: VICKI J. FINUCANE, ACTING CITY ATTORNEY f J
SUBJECT: FINAL PASSAGE OF ORDINANCE NO. 1146 AMENDING THE MOBILE
HOME PARK OWNER EXEMPTIONS TO PROVIDE A PROCEDURE FOR
ESTABLISHING EXEMPTIONS AND PROVIDING FOR PUBLICATION OF
CHANGE IN CPI.
CAO RECOMMENDATION: Give final approval to Ordinance No. 1146.
BACKGROUND:
On April 18, the City Council considered on the consent agenda, amendments
to the Mobile Home Park Owner Exemptions (MC 5.44.030(F) ) and to the
regulations dealing with notice regarding percentage of change of CPI (MC
5.44.060(B) ) . The Council unanimously passed Ordinance No. 1146.
With final City Council approval, the amendments to the Mobile Home Park
regulations will go into effect in 30 days.
VF/sw
Attached: Drat Ordinance
i
j
ORDINANCE NO. 1146 ( 1989 SERIES)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LCIS OBISPO
AMENDING SECTION 5 -41 . 04O IMOBILE HOME PARK OWNER EXEMPTIONS
UNDER 5.44 .O30(F) ) AND. AMENDING SUBSECTION
5. 3 .0f0(B) (NOTICE RL PERCENTAGE CHANGE: OF CPI )
OF THE SAN LUIS OBISPO MUNICIPAL CODE
BE IT ORDAINED by the City Council of the City of San Luis Obispo as
follows:
SECTION 1 . Section 5.44 .040 of the San Luis Obispo Municipal Code
is hereby amended to read as follows :
A. Any mobi.ie home park owner claiming an exemption under• Section
5.44 .030(F) shall comply with the following requirements and procedures :
(1 ) File with the City Clerk a statement setting fortis the basic
facts upon which the claim for exemption rests such as total number
\I, of spares . number on long-ternn leases , identity of spaces on
\�L
long-ieym leases . expiration date for each Ions,-term lease and any
other information determined necessary by the City AdQ uis.tratice
Officer to evaluate the claim.
( ) The atem"ni shaii include a listing . Ly since number and
name . of 4t.icn 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 n"tif_ea of the
claim of exemption and of the fact Chat a tenantmay fiV an
objection within thirl} days .
(3) The Statements requ.ir•ed to he filed above shall be confidential
and not public records unless and uetii a hearing Officer determines
nt Krywiso as nooessary ( u cond"CL a hearing; an SOL fnrt.h its
C_-
sunsr.ctions (D) or tFl helot:.
1146
7)
Ordinance No. ( 1989 Series )
Page Two
B. An objection to the claim or "xemption may. h" riled with tier
City Clerk within 30 days after the nut,icv of Waim Us hien served . The
objection shall state the grounds of the objection. The only acceptable
grounds fur objection is that the owner in fact dues not have 213 OF the
spaces in the park on iung-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(B) (2) (E) .
D. The hearing officer shall set and conduct a hearing as set
For& in subsection 5 .44 .070(B) (2 ) 0) and (G ) . The hearinn officer shall
determine if the claim of exemption is valid taking into account -aii
rl! :evant. rev Science , Facts and circumstances necessary L" cum" to a
dec i s ion..
Tht- hearing officer' s charges shall be paid by the City .
An appeal may he taken From a 6ecision of the hearing officer
as set CurLh in Section 5.0 . 110. including the obiigatiun for the costs
of the appellate panel as Set forth in Subsection (D) thereof.
SEC:i'? 2 . Subsection 5 . 44. 060(B) (2 ) is hereby amended to read as
Vollows :
2 . At loaszt Pvcry two munths the Cit",- officor sh;111
i
s
Ordinance No. 1 14 (1989 Series)
Page Three
pubii5h by "vans of -1111 aclvr.rt.isemr.::t , or si:ni i 1r notice, i:r the
newspaper the percentage change of the CPI allowed under this
Section B for the 12 mouth period immediately ""m--ceding the month
for which CPI information has been most recently published by the
appropriate federal agency.
INTRODUCED AND PASSED TO PRINT by the Council of the City of San
Luis Obispo at a meeting held on the 18th day of April 1989,
on motion of Councilmember Settle seconded by Councilmember
Rappa , and on the following :roll call vote:
AYES: Councilmembers Settle , Rappa, Pinard; Reiss and Mayor Dunin
NOES : None
ABSENT. None
�tavor Ron Duni::
AT7V ST:
Deputy CITY CLERK Becki Austin
Ordinance No. 1146 ( 1989 Series)
Page Four
APPRnvEr):
Citv AdArtist.rutive Officer
Acting C& Attor ey
llz—�
Finance Director