(A) Dispute petition. In the event any tenant contends that a space rent increase is unlawful pursuant to this chapter, the tenant may file a dispute petition pursuant to this section with the City Manager or their designee. The petition shall include a detailed explanation of the space rent increase, the name(s) and mailing address(es) of the mobile home park owner(s), and all other tenants affected by the increase as reasonably known to the petitioner. The petition shall be accompanied by a processing deposit equal to $1 per space subject to the chapter to cover the cost of preparing the petition for review. Any actual cost of review in excess of the deposit shall be invoiced in advance by the city to the petitioner and shall be paid within 30 days. Until such invoice is paid, the processing of the petition will be paused. In the event the deposit fee exceeds the actual costs of review of the petition, the amount of the deposit in excess of the costs of review shall be returned to the petitioner.
(B) Notice of hearing. The City Manager shall serve by mail notice of the date, time and place of hearing to the petitioner and the mobile home park owner.
(C) Hearings. All dispute petition hearings shall be conducted by a hearing officer appointed by the City Manager in an informal manner consistent with due process of law. All parties to the hearing may have assistance in presenting evidence or in setting forth by argument their positions from an attorney or such other persons as may be designated by said party. The hearing may be continued by the hearing officer from time to time as may be reasonable and necessary. The hearing officer shall have the authority to administer oaths and affirmations, and to render a final decision on the merits of the application, subject to the provisions of this chapter.
(D) Burden of proof. The decision of the hearing officer must be supported by the evidence submitted at the hearing. The petitioning party shall have the burden of establishing a space rent increase violates this chapter by a preponderance of the evidence.
(E) Decision. The decision of the hearing officer shall be given in writing to all parties. The findings and conclusions of the hearing officer shall be final and there shall be no right of appeal to the City Council. If the hearing officer determines that a space rent increase or any portion thereof was unlawful pursuant to this chapter, such space rent increase or portion thereof determined to be contrary to the provisions of this chapter which have been collected by a mobile home park owner together with the interest thereon computed at the current legal rate of interest on a judgement shall be returned to the affected tenant(s) by the mobile home park owner, together with the cost of the processing fee paid to the city for filing the dispute petition.
(F) Appeal to court. An appeal of the findings and decision of the hearing officer may be made to a court of competent jurisdiction pursuant to Cal. Code of Civil Procedure §§ 1094.5 and 1094.6.
(G) Collection pending hearing. When a dispute petition is pending, the mobile home park owner may collect the full amount of the increased space rent until the hearing officer makes a final decision on the merits, unless otherwise agreed by the affected tenants and mobile home park owner in writing.
(Ord. 2023-366, passed 3-1-2023)