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A. An owner who seeks a rent increase not authorized in subsection 5.48.060B of this chapter shall submit an application for a discretionary rent increase on the city's form, together with such supporting documentation as the commission may require, within fifteen (15) days after serving notice of the proposed discretionary rent increase to all affected mobilehome owner- occupants. The notice for each mobilehome owner-occupant shall indicate the new rent proposed for his or her space, shall advise the mobilehome owner-occupant that an application for a discretionary rent increase has been filed with the city, and shall state that a copy of the application and all supporting documentation is on file at the owners office in the affected park and may be photocopied at the mobilehome owner-occupants expense. The application for a discretionary rent increase will not be effective unless accompanied by proof satisfactory to the commission that the mobilehome park owner has, within the preceding fifteen (15) days, served each affected mobilehome owner-occupant, either personally or by mail, with the notice required herein. If approved, the discretionary rent increase shall take effect no sooner than one year after the date of the last rent increase within the mobilehome park.
B. Upon the filing of an application for a discretionary rent increase which satisfies the requirements of this chapter, the commission shall conduct a public meeting within thirty (30) days. At that meeting, if the commission is persuaded upon the testimony of any affected mobilehome owner-occupant that the mobilehome owner-occupant has been refused the opportunity to review and photocopy background documentation which the mobilehome park owner intends to submit in support of the application, the commission shall adjourn the meeting for a reasonable period of time, not to exceed thirty (30) days, and instruct the mobilehome park owner to permit full review and reproduction of the documentation as required by this chapter. At any such meeting, if the commission is persuaded upon written proof or oral testimony that the majority of the affected mobilehome owner-occupants in the park agree to the proposed discretionary increase, the commission shall authorize the increase as proposed and such determination shall be final.
C. In the event the commission determines that an application for a discretionary rent increase shall be submitted to arbitration pursuant to the provisions of this chapter, the applicant for the discretionary rent increase shall, within ten (10) days of the commissions determination, pay to the city the sum of three thousand dollars ($3,000.00) as a deposit towards the city's actual costs in retaining an arbitrator and holding the arbitration proceedings. The deposit shall be replenished, from time to time, as deemed necessary by city staff to ensure that the city's actual ongoing costs are paid. In the event payment of the deposit is not made, or the applicant for the discretionary rent increase fails to make a required replenishment of the deposit, the city may, in its sole discretion, cease the arbitration proceedings and have no further obligation or any liability to the applicant for the discretionary rent increase. (Ord. 2532 § 6, 2003: Ord. 2458 § 7, 2000: Ord. 2420 § 1, 1999: Ord. 2207 § 1, 1993)