HomeMy WebLinkAbout1146ORDINANCE NO. 1 14 6 (1989 SERIES)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING SECTION 5.44.040 (MOBILE HOME PARK OWNER EXEMPTIONS
UNDER 5.44.030(F)) AND, AMENDING SUBSECTION
5.44.060(B) (NOTICE RE 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 mobile 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 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) below.
1146
Ordinance No. 1146 (1989 Series)
Page Two
B. An objection to the claim of exemption may be filed with the
City Clerk within 30 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 2/3 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(B)(2)(E).
D. The hearing officer shall set and conduct a hearing as set
forth in subsection 5.44.070(B)(2)(E) and (G). The hearing officer shall
determine if 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.
SECTION 2. Subsection 5.44.060(B)(2) is hereby amended to read as
follows:
2. At least every two months the City Administrative Officer shall
Ordinance No. 1 14 6 (1989 Series)
Page Three
publish by means of an advertisement, or similar notice, in the
newspaper 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 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
Mayor Ron Dunin
ATTEST:
Deputy CITY CLERK Becki Austin
•
Ordinance No. 1146 (1989 Series)
Page Four
City Adm nistrative Officer
APPROVED:
City Adm'nistrative Officer
Acting CSth Attorhey
Finance Director
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Ordinance No. 1 146 ( 1989 Series)
FINALLY PASSED this 2nd
day of Ma
19 89 on motion of Councilmember Settle , seconded by
Councilmember Rappa , and on the following roll call
vote:
AYES: Councilmembers, Settle, Rappa and Mayor Dunin
NOES: None
ABSENT: Vice Mayor Pinard and Councilmember Reiss
Mayor Ron Dunin
ATTEST:
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