A. A hearing officer designated by the city manager ("hearing officer") shall have the power and authority to receive applications from landlords for special increases above those permitted by article 3 of this chapter based on hardship. To hear such matters (subject to the applicable rules and requirements of due process), and to render binding decisions in such matters, subject to the rights of appeal by aggrieved parties who have direct interests in particular decisions pursuant to the procedures prescribed by title 1, chapter 4 of this code. The hearing officer may grant any such application when the hearing officer determines that such relief is necessary in order to:
1. Implement the purposes of this chapter and to protect the public health and welfare, with particular reference to protecting the occupants of apartment units from unreasonable rent increases, while at the same time recognizing the landlord's need to have the rent be sufficient to cover maintenance and the costs of operation of the building, and encouraging capital improvements; or
2. Prevent the strict application of this chapter from imposing an undue economic hardship upon a landlord in a particular case of special circumstances; or
3. Prevent the provisions of this chapter from operating in an unreasonable or illegal manner in the particular circumstances of an applicant.
B. The hearing officer shall also have jurisdiction to hear and decide the following matters:
1. Should a dispute or disagreement arise from or concerning the status of any tenant as a building manager, the tenant or the landlord may apply to the hearing officer for the resolution of the dispute or disagreement, and the hearing officer shall have jurisdiction to decide the question. Any ruling of the hearing officer thereon shall be final insofar as administrative processes are concerned.
2. Should a dispute or disagreement arise concerning the validity or amount of any capital expenditure surcharge collected or proposed to be charged by the landlord pursuant to section 4-5-304 or 4-5-308 of this chapter, the tenant or the landlord may apply to the hearing officer for the resolution of the dispute or disagreement, and the hearing officer shall have jurisdiction to decide the question. Any ruling of the hearing officer thereon shall be final insofar as administrative processes are concerned. If the amount of the capital expenditure appears to be excessive, the hearing officer shall reduce the surcharge to a reasonable amount.
3. Should a dispute arise concerning the validity and/or amount of any utility surcharge collected or proposed to be charged by a landlord pursuant to section 4-5-306 or 4-5-308 of this chapter, the tenant or the landlord may apply to the hearing officer for the resolution of the dispute, and the hearing officer shall have jurisdiction to decide the question. Any ruling of the hearing officer thereon shall be final insofar as administrative processes are concerned.
4. If a tenant refuses to consent to a proposal by a landlord to make capital expenditures to the interior of such tenant's apartment unit, and the landlord believes such refusal is unreasonable, the landlord may apply to the hearing officer for permission to add a capital expenditure surcharge for such work, regardless of the tenant's refusal, and the hearing officer shall have jurisdiction to decide the issue. Any ruling of the hearing officer thereon shall be final insofar as administrative processes are concerned.
5. If a landlord, tenant, and/or other claimant has been unable to agree to the distribution of a relocation fee deposited into escrow pursuant to section 4-5-604 of this chapter, and more than thirty (30) days from the date the notice of deposit was given has passed, the division and distribution of the relocation fee shall be determined by the hearing officer following a hearing on the matter. The landlord and each person who received notice of the deposit shall be notified of the time and place of such hearing not less than ten (10) days prior to such hearing. The hearing officer's decision in such matter shall be final, subject to an appeal to the council pursuant to the procedures set forth in title 1, chapter 4 of this code.
C. Any decision of the hearing officer referred to in subsections B1, B2, B3 and B4 of this section, which cannot be appealed to the city council, may be reconsidered by the hearing officer if the decision was based on incorrect information or erroneous data provided to the hearing officer at the hearing on the matter. In order for the hearing officer to reconsider a decision pursuant to this subsection C:
1. A written request for reconsideration must be filed with the department of building and safety within one year after the date of adoption of the hearing officer's resolution regarding the particular case; and
2. After reviewing the reconsideration request, the city's file concerning the matter, and any other relevant information, the department of building and safety concurs that the hearing officer's decision was based on incorrect information or erroneous data and recommends that the hearing officer modify his or her prior decision. Only that portion of the hearing officer's decision which was based upon the incorrect information or erroneous data may be reconsidered by the hearing officer pursuant to this subsection.
D. Any decision of the hearing officer referred to in subsections B1, B2, B3 and B4 of this section, which cannot be appealed to the city council or reconsidered by the hearing officer pursuant to subsection C of this section, is a final decision that is subject to judicial review pursuant to California Code of Civil Procedure section 1094.5 and must be filed in accordance with the time periods specified therein. (1962 Code § 11-4.02; amd. Ord. 94-O-2200, eff. 7-8-1994; Ord. 98-O-2299, eff. 6-5-1998; Ord. 04-O-2449, eff. 6-18-2004)