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(A) Determination of services - On October 1, 1991, or on such later date as is allowed by the director, the owner shall file with the director a notice of services provided which shall list all the services that the owner then provides to the residents of the park. Any reduction or deletion in services or utilities (or conversion of such service or utility to a separately billed item) by the owner shall be permitted only in accordance with the procedures established by resolution adopted by the city council.
(B) Effect of reduction in service - The owner shall deduct the monthly cost for a reduced or deleted or separately billed service or utility from the monthly space rental effective the month that the reduction, deletion, or separate billing occurs.
(C) Hearing officer review of services -
(1) Residents shall have 35 days from the date that a notice of an owner's application for a space rental adjustment or notice to reduce or delete services is mailed to file a protest with the director to the adjustment based on the owner's reduction or deletion of services within the park since the last adjustment.
(2) The hearing officer shall review the services which the owner provided at the time of the last space rent adjustment and determine if those services are continuing. If an owner deleted or reduced a service after the last adjustment, the hearing officer shall have the power to reduce the pending adjustment by the amount saved by the owner due to the deletion or reduction. The hearing officer shall decide the issues in dispute. Within 35 days from the completion of the hearing, the hearing officer shall issue a written decision on the space rent adjustment and protest.
(`64 Code, Sec. 17.1-13) (Ord. No. 2475)
(A) Rules of evidence - The formal rules of evidence or procedure shall not apply to hearing officer proceedings, except to the extent required by the hearing officer.
(B) Errors - No action of the hearing officer shall be held void or invalid or be set aside on the grounds of the improper admission or rejection of evidence, or by reason of any error, irregularity, informality, neglect or omission (“error”) as to any matter pertaining to applications, notices, findings, records, hearings, reports, recommendations, or any matters of procedure whatever, including, but not limited to, those included in this section, unless after an examination of the entire case, including the evidence, the reviewing body shall be of the opinion that the error complained of was prejudicial, and that by reason of such error the party complaining or appealing sustained and suffered substantial injury, and that a different result would have been probable if such error had not occurred or existed.
(`64 Code, Sec. 17.1-14) (Ord. No. 2475)
(A) Institution of appeal process.
(1) Any written decision of the hearing officer may be appealed to the board by either the owner or by residents representing 25 percent or more of the spaces in the park affected by the hearing officer's decision. An appeal shall be requested by the filing of a notice of appeal signed by either the owner or such residents.
(2) The notice shall be filed with the city clerk within 15 days after the date the hearing officer's written decision is mailed to the owner and the residents' representative by the city.
(3) A copy of the notice filed by an owner shall be mailed by the owner to each affected space in the park and a proof of service of mailing shall be filed with the city clerk.
(4) A copy of the notice filed by the residents shall be mailed by the appealing residents to the owner and a proof of service of mailing shall be filed with the city clerk. A notice filed by residents shall include sufficient information, including, but not limited to, the residents' names and addresses, to enable the city clerk to verify the required number of signatures on the basis of one resident per occupied space.
(5) The notice of appeal shall contain the name, mailing address, and telephone number of an individual who shall be designated as the representative of the appealing residents. Official notices to the protesting residents may be served upon this representative. This representative shall also organize the presentation to the board on behalf of the residents.
(6) Except for protests of CPI formula adjustment applications, the execution of any hearing officer decision shall be stayed for 90 days from the date of filing of a notice of appeal.
(B) Transcript and exhibits -
(1) All testimony presented to the hearing officer during a hearing shall be stenographically recorded by a certified shorthand reporter. The city shall be responsible for the certified shorthand reporter's appearance fee.
(2) Upon the filing of an appeal from a hearing officer decision, the appealing party shall order and pay for the original certified shorthand reporter's transcript. Copies of the certified shorthand reporter's transcript shall be paid for by the parties ordering them. The original certified shorthand reporter's transcript and all original exhibits shall be provided within 30 days of the filing of the notice of appeal and thereafter be forwarded to the board.
(C) Effect of decision - The decision of the board shall be final and constitute the exhaustion of available administrative remedies to review hearing officer decisions.
(`64 Code, Sec. 17.1-15) (Ord. No. 2475)
(A) A resident may refuse to pay any increase in space rent which violates the provisions of this chapter.
(B) Such refusal to pay shall be a defense in any action brought by the owner to recover possession of a space for nonpayment of the amount of the space rent increase or to collect the increase.
(`64 Code, Sec. 17.1-16) (Ord. No. 2475)
In any action brought by the owner to recover possession of a space, the court may consider as grounds for dismissal of the action any violation of this chapter. Any eviction action brought within six months of a protest or complaint filed with the director by the subject resident shall be presumed to be retaliatory. This presumption affects the burden of proof and is rebuttable by the owner.
(`64 Code, Sec. 17.1-17) (Ord. No. 2475)
(A) Treble damages - Any owner who intentionally demands, accepts or retains any payment in violation of the provisions of this chapter shall be liable in a civil action to the resident from whom such payment is demanded, accepted or retained for damages in the sum of three times the amount by which the payment demanded, accepted, or retained exceeds the maximum amount which could be lawfully demanded, accepted, or retained together with reasonably attorneys' fees and costs as determined by the court.
(B) Criminal penalties - Any owner willfully violating any of the provisions of this chapter shall be guilty of a misdemeanor and shall be punishable in the manner provided by section 1-10 of the code. Notwithstanding the foregoing, the penalty assessed against an owner for conviction of a violation of this chapter shall be limited to the owner's payment of an appropriate fine and shall not expose the owner to incarceration.
(`64 Code, Sec. 17.1-18) (Ord. No. 2475)
(A) Prior to or at the time of agreeing to rent space to a new resident in a park, the owner shall provide each prospective resident with a copy of this chapter as currently in effect and a copy of any resolutions of the city council implementing the provisions of this chapter.
(B) (1) Before any prospective purchaser of a mobile home in the park signs a rental agreement, a lease for 12 months or less, or a long term lease exempt from the provisions of this chapter, the park owner shall give the prospective purchaser a copy of this chapter as currently in effect and any resolution of the city council adopting implementing regulations and shall have the prospective purchaser sign a statement acknowledging that the prospective purchaser has received a copy of this chapter and is aware that this chapter regulates space rent increases for all spaces not subject to long term leases exempt from local rent stabilization.
(2) For all long-term leases, the signed statement shall be remitted to the director by the park no later than 30 days after signing and maintained by the city and be available for inspection.
(`64 Code, Sec. 17.1-19) (Ord. No. 2475)
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