(A) Definition. SERVICE REDUCTIONS shall mean the elimination or reduction of any service or facility provided as of September, 2008. SERVICE shall also include physical improvements or amenities.
(B) Submission of service reduction complaint to City Manager. A service reduction complaint shall be submitted to the City Manager alleging in a written form and should state:
(1) The affected spaces;
(2) The prior level of service established by the park owner for that homeowner's mobilehome space and common facilities used by that homeowner;
(3) The specific changes in the prior level of services comprising the alleged reduction in service;
(4) The date the service reduction was first noticed by the homeowner;
(5) The date of notice to the park owner of the alleged service reduction, and if such notice was given, whether the notice was given orally or in writing;
(6) When and how the park owner responded to the homeowner's notice, if notice was given;
(7) Whether the condition was improved or corrected and if so, when and how;
(8) The status of the condition as of the date the complaint is signed;
(9) Where such service reduction was the result of a vote of a majority of the affected homeowners.
(C) Submission of service reduction complaint to hearing officer.
(1) Thirty days after the service reduction complaint is submitted to the City Manager, if the dispute is not settled, either one-third of the tenants in a park or the park owner may request that the dispute be submitted to a hearing officer.
(2) If the hearing officer finds that a material service reduction has occurred, the hearing officer shall determine the resultant percentage reduction in the homeowner's enjoyment of their homes due to the service reduction.
(3) Rent shall be reduced by that percentage or amount. The homeowners also shall be entitled to a rebate of the following sum: the monthly rent reduction multiplied by the number of months between the date the homeowners notified the park owner of the reduction in service, and the date the City Manager determined the rent reduction.
(4) A service reduction shall not include the elimination or reduction of a recreational facility or service when such elimination or reduction and rent decrease resulting therefrom have the prior written approval of two-thirds of the homeowners. In such cases no rebate shall be required.
(5) No recreational service or facility which has been reduced or eliminated shall be reinstituted at any cost to the homeowners without prior written approval of two-thirds of the homeowners.
(D) Consolidation of service reduction complaint with consideration of fair return petition. In the event that a service reduction claim is filed while a fair return petition is pending, either the city, the park owner, or the tenants may require consideration of a claim pursuant to this section in conjunction with the fair return claim.
(Ord. 2008-015, passed 10-27-08)