ORD 1608 - Laserfiche WebLink

Ordinance No. 1608 Page T~o C. Base Year Rent Adjustments. The Hearing Officer may determine that the Base Year Rent was not reasonable or did not reflect general market conditions. In that case, the Hearing Officer shall grant an increase to the Base Year Rent if the Hearing Officer finds and determines that it is necessary to provide the Park Owner with an adjustment in order for the Base Year Rent to be reasonable or to reflect general market conditions. In order to make such determination, the Hearing Officer shall consider the following: 1. Whether the Park Owner (or the Park Owner's predecessor in interest) had agreed to the Base Year Rent; 2. Whether the Base Year Rent is similar to rent for comparable mobile home park property; 3. The Base Year Rent was significantly lower than normal because of other special circumstances; or 4. Any other evidence which the Hearing Officer finds is relevant. D. Presumption Concerning this Section. It is presumed subject to rebuttal that this section will provide methods to permit the Park Owner to show that the Base Year Rent was not reasonable or did not reflect market conditions. The Park Owner may establish by clear and convincing evidence that this section does not provide such methods and that an alternative method should be used by the Hearing Officer in evaluating the petition. In that event, the Hearing Officer may consider any relevant factors necessary to permit the Park Owner to show that the Base Year Rent was not reasonable or did not reflect market conditions." Section 3. Section 6.60.085 is hereby added to Chapter 6.60 of the Pleasanton Municipal Code to read as follows: "6.60.085 Base Year Rent Adjustment Procedures. A. Base Year Rent Petitions: 1. If a Park Owner wishes to increase the Base Year Rent, the Park Owner shall submit a Base Year Rent Adjustment petition to the City Manager.