ORD 1588 - Laserfiche WebLink

the per space charge may be collected by the Park Owner from the Home Owner of the space for which the fee is paid. Section 6.60,100 Fee For Fair Return Petitions. A. At the time the Park Owner files a fair return petition pursuant to Section 6.60,080, the Park Owner shall also submit a fee in an amount specified by the City Council by resolution. The fee shall be used to pay costs of the City incurred in conducting proceedings on the fair return petition pursuant to this section, including without limitation City staff time, noticing, audit costs, accountant costs, postage and Hearing Officer cost. If the amount of the fee exceeds such costs, the balance shall be refunded to the Park Owner within thirty days after completion of the proceedings. In the event that the City determines that the costs incurred in conducting the proceeding exceeds the fee(s) paid by the Park Owner, the City shall notify the Hearing Officer who shall require the Park Owner to submit additional amounts to cover the City's costs. The Hearing Officer shall have the power to stay the proceedings until the fees are paid or to dismiss the petition with prejudice if the fees are not paid. The Hearing Officer shall not issue a decision until all appropriate fees are paid. B. If the Hearing Officer approves a rent increase that is equal to or greater than the rent increase requested by the Park Owner in the fair return petition, the cost of the fee may be passed through to the Home Owners affected by the rent increase, less any amount refunded by the City. If the Hearing Officer approves a rent increase that is less than the rent increase requested by the Park Owner in the rent increase application, the Park Owner shall only be entitled to reimbursement of a percentage of the fee paid, said percentage being the same as that percentage df the rent increase which was granted in comparison to the rent increase which was requested. Unless the Park Owner and the Home Owners agree otherwise, the reimbursement shall be paid in equal installments with the rent payments for the twelve-month period following completion of the proceedings and shall be divided equally among the Home Owners of the mobilehome spaces affected by the rent increase. Such period may be extended in the discretion of the Hearing Officer. C. Except as provided in subsection A above, the Park Owner and the Home Owners shall each bear their own costs incurred in the proceedings on the rent increase petition, including but not limited to attorney's fees. - 18 -