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ORD 1588
City of Pleasanton
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ORD 1588
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3/26/2004 11:59:54 AM
Creation date
3/9/1999 5:21:11 PM
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CITY CLERK
CITY CLERK - TYPE
ORDINANCES
DOCUMENT NO
ORD 1588
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Although the hearing need not be conducted pursuant to the <br />rules of evidence, the Hearing Officer shall afford the <br />parties a fair hearing including, but not limited to, <br />refraining from taking of any ex parte evidence. The Hearing <br />Officer shall tape record meetings and make an official record <br />of the hearing, which record shall constitute the exclusive <br />record for the decision of the issues at the hearing. The <br />record shall be obtainable for the cost of copying and shall <br />include: all exhibits, papers and documents filed or accepted <br />into evidence during the proceedings; a list of participants <br />present; a statement of all decisions, orders or rulings; all <br />final decisions and orders. A stenographic record of the <br />proceedings may be obtained upon payment of the cost of <br />preparing such a record by the party requesting such record. <br /> <br />H. Time for Decision. The Hearing Officer shall make a final <br />decision within ninety days of the submission of a complete <br />fair return petition, and no later than twenty-one days after <br />the conclusion of the hearing on any petition. The time <br />limits may be extended upon consent of the Park Owner. <br /> <br />I. Rent Increases. If the Hearing Officer's determination is <br />that all or a portion of the proposed rent increase shall be <br />granted under the circumstances, then the Hearing Officer <br />shall grant all or such portion of the rent increase effective <br />as of the time such increase would have been otherwise <br />effective without the intervention of this Chapter. Unpaid <br />amounts of such increased rent may be billed to the Home <br />Owners in equal installments over a six-month period as a <br />surcharge to the increased rent. <br /> <br />J. Notice of Decision. The Park Owner and Home Owners shall <br />be sent a notice of the Hearing Officer's findings and <br />decision within seven days after the rendering of the <br />decision. <br /> <br />K. Judicial Review. Review of the final decision of the <br />Hearing Officer shall be by a court of competent jurisdiction <br />and venue. Such review shall be conducted in accordance with <br />the Code of Civil Procedure, section 1094.5 and 1094.6. <br /> <br />Section 6.60.090 Registration and Administrative Fee. <br /> <br />On January 1st of each year, each Park Owner within the City <br />of Pleasanton coming under the terms of this Chapter shall <br />file with the City Manager a statement setting forth the <br />number of spaces in its park regulated by this Chapter. The <br />City Council shall, by resolution, establish an administrative <br />fee to the Park Owner to offset the costs to the City of the <br />regulatory activities provided pursuant to this Chapter. No <br />fee shall be imposed for any space exempted from this Chapter <br />pursuant to Civil Code § 798.17. No more than one-half of <br /> <br /> - 17 - <br /> <br /> <br />
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