A. The majority of affected mobilehome owner-occupants in a park may, by signed petition, submit an application to the city to request a discretionary decrease in space rents to compensate for an alleged reduction in services, provided that the reduction of services has occurred within one hundred twenty (120) days prior to the date of submittal of the discretionary rent decrease application; or to compensate mobilehome owner-occupants for utility charges which are billed to them separately after having previously been included in space rents.
B. The application for a discretionary rent decrease shall be accompanied by documentation which precisely describes the alleged reduction in services and the date that such reduction occurred, along with the monetary value of the reduction.
C. The application shall be accompanied by written evidence satisfactory to the city that the mobilehome park owner was served with a copy of the application in its completed form at least thirty (30) days prior to the date of submittal of the discretionary rent decrease application to the city.
D. When an application for a discretionary rent decrease is received by the city, the commission shall call a meeting for the purpose of mediating the issue of the alleged reduction of services or separate billing of charges. The mediation meeting shall be held no sooner than ten (10) days nor later than thirty (30) days of the date the completed application is submitted to the city, and the mobilehome park owner and the mobilehome owner- occupants filing the application shall be notified of the time and place of the meeting. Nothing in this chapter shall prevent the meeting from being held in an appropriate location on the premises of the affected park.
E. At the mediation meeting, the commission will hear testimony relating to the matters which are at issue. If the mobilehome park owner agrees to restore an alleged reduction of services, the mediation meeting shall be continued for an appropriate time period as approved by the commission. At the date of the continued mediation meeting the commission will again consider the issues and determine whether there has been a resumption of services. The commission, after considering all evidence shall either approve, reject or modify the proposed discretionary rent decrease request and shall, in compliance with state law, base its decision upon the demonstrated value of any verified reduction of services. Any rent reduction or accumulation of rent reductions approved in accordance with this section shall also serve to reduce space rents as subsequently adjusted by formula rent adjustments, until removed by a discretionary rent increase or as hereafter set forth.
F. An application for a discretionary rent decrease shall be accompanied by a seven hundred dollar ($700.00) deposit as a processing fee to pay the city's actual costs of conducting the mediation meeting. The deposit shall be replenished, from time to time, as deemed necessary by city staff to ensure that the city's costs are covered. Upon conclusion of the hearing, the total cost incurred by the city shall be paid by the mobilehome park owner if the commission approves the requested rent decrease. However, if the commission denies the request for a discretionary rent decrease, the costs incurred by the city shall be paid by the mobilehome park owner-occupants.
G. An owner and any mobilehome owner-occupants in an affected park may voluntarily agree to adjust rents downward for any reason including because of a decrease of services. However, the commission shall be notified within thirty (30) days of the agreement to provide a record of such change. (Ord. 2532 § 9, 2003: Ord. 2458 § 8, 2000: Ord. 2207 § 1, 1993)