ORD 1608 - Laserfiche WebLink

Ordinance No. 1608 Page Six J. Notice of Decision. The Park Owner and Home Owners shall be sent a notice of the Hearing Officer's findings and decision within seven days after the rendering of the decision. K. Judicial Review. Review of the final decision of the Hearing Officer shall be by a court of competent jurisdiction and venue. Such review shall be conducted in accordance with the Code of Civil Procedure, section 1094.5 and 1094.6." Section 4: Section 1 (part) of Ordinance No. 1588 and Section 6.60.100 of the Pleasanton Municipal Code are hereby amended to read as follows: "Section 6.60.100 Fee For Fair Return and Base Year Rent Adjustment Petitions. A. At the time the Park Owner files a fair return or Base Year Rent Adjustment petition pursuant to Sections 6.60,080 or 6.60.085, 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 or Base Year Rent Adjustment petition pursuant to this section, including without limitation City staff time, noticing, audit costs, accountant costs, appraisal fees, 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 or Base Year Rent Adjustment 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 requestedby the Park Owner in the fair return or Base Year Rent Adjustment petitions, the Park Owner shall only be entitled to reimbursement of a percentage of the fee paid, said percentage being the same as that percentage of the rent increase which