A. Application by Park Owners. A park owner may reduce or discontinue a service or amenity upon a commensurate decrease in rent, provided that the service or amenity is not required by other laws or to maintain health and safety and habitability standards. Prior to the reduction or discontinuance of the service or amenity, the park owner shall submit a rent decrease application to the city pursuant to the requirements of this subsection and Section 15.20.105 and the administrative rules adopted by resolution of the city council.
1. Upon receipt of the application, the rent administrator shall review the application and determine whether the application is complete in accordance with Section 15.20.105(A).
2. If the rent administrator determines that the application is complete, the rent administrator shall provide written notice to the applicant and residents pursuant to Section 15.20.105(B) and (E).
3. If the rent administrator determines that the application is incomplete, the rent administrator shall provide written notice to the applicant of the manner in which the application is incomplete, pursuant to Section 15.20.105(B), (C) and (D), and shall advise the applicant that he/she must submit the additional information or documentation within thirty (30) days of service of the notice. If the applicant fails or refuses to submit the additional information or documentation within the thirty (30) day time period, the rent administrator shall give mailed notice to the affected residents and the park residents' representative of the application and advise them that it is incomplete and of their right to submit opposition to the application pursuant to Section 15.20.105(E).
4. Applications shall be heard and determined by the hearing officer in accordance with Section 15.20.110 and the administrative rules adopted by resolution of the city council.
B. Applications by Residents. A resident or group of residents may apply for a rent decrease based on a discontinuance or reduction in services or amenities. At least thirty (30) days before filing such an application the resident(s) seeking the adjustment shall make a written request to the park owner that the service or amenity be restored. The application shall be filed in accordance with the requirements of this subsection and Section 15.20.105, and the administrative rules adopted by resolution of the city council.
1. Upon receipt of the application, the rent administrator shall review the application and determine whether the application is complete in accordance with Section 15.20.105(A).
2. If the rent administrator determines that the application is complete, the rent administrator shall provide written notice to the applicant and park owner pursuant to Section 15.20.105(B) and (E).
3. If the rent administrator determines that the application is incomplete, the rent administrator shall provide written notice to the applicant pursuant to Section 15.20.105(B), (C) and (D), and shall advise the applicant that he or she must submit the additional information or documentation within thirty (30) days of service of the notice. If the applicant fails or refuses to submit the additional information or documentation within the thirty (30) day time period, the rent administrator shall mail written notice to the affected park owner of the application and advise them that it is incomplete and of their right to submit opposition to the application pursuant to Section 15.20.105(E). The park owner shall also be required to provide information concerning the cost of the service or amenity alleged to be discontinued or reduced within that time.
4. Any rent decrease granted pursuant to this subsection B shall be equal to the cost to the park owner of providing the service, maintenance or amenity. The resident(s) shall have the burden of proving that the service or amenity has been removed or decreased.
5. Applications shall be heard and determined by the hearing officer in accordance with Section 15.20.110, and the administrative rules adopted by resolution of the city council.
C. Appeals. The decision of the hearing officer on the merits of an application pursuant to subsection A or B of this section shall be final.
(Ord. 422 § 1, 2023; Ord. 315 § 1, 2012; Ord. 311 § 6, 2011; Ord. 255 §§ 12, 13, 2007: Ord. 193 § 9, 1999: Ord. 161 § 8, 1996: Ord. 126 § 8, 1994)