2003 APRIL - Laserfiche WebLink

6.60.150 their prior approval; or c) the city man- ager, after review of the matter, deter- mines that the increased ameni- ties/services are consistent with compa- rable parks in the East Bay. As to any park owner who has chosen formula B, no park owner with less than fifty (50) spaces shall increase these amenities or service levels such that the expenses relative thereto increase more than two hundred fifty dollars ($250.00), or more than five percent (5%) over such ex- penses for the prior year (ending Sep- tember 30), whichever is less, unless: a) the increases in expenses above two hundred fifty dollars ($250.00) (or the 5 percent) are not passed on to the residents by a rent increase; b) the residents give their prior approval; or c) the city manager, after review of the matter, determines that the increased amenities/services are consistent with comparable parks in the East Bay. (Ord. 1847 § 1, 2002; Ord. 1843 § 2, 2001) 6.60.160 Service Reductions: A. Meet And Confer: No park owner shall reduce the service levels existing at the park as of the effective date hereof without meeting and conferring with the residents prior to any such reduction. A majority of the residents within a park may file a petition alleg- ing that service reductions have oc- curred. Ahearing officer shall conduct a hearing thereon following the proce- dures set forth in section 6.60.080 of this chapter. B. Submission Of Fee: At the time the residents file such petition, they shall also submit a fee in the amount specified by the city council by resolu- tion for the purposes described in sec- tion 6.60.130 of this chapter. C. Burden Of Production/Proof: The residents shall have the burden of pro- duction and proof that such service reductions have occurred. If the hearing officer finds that service reductions have occurred, the hearing officer shall determine the value of the service re- ductions and may offset the allowable rent increase by the value of the service reductions. Service reductions which affect all spaces subject to the proposed rent increase shall be prorated over all such spaces, regardless of the number of residents claiming such service re- ductions. If the hearing officer finds that service reductions have occurred, the park owner shall reimburse the residents for their payment of the fee set forth in subsection B of this section. D. Factors To Be Considered: In determining the value of any service reductions, the hearing officer shall consider the following factors: 1. The area affected by the service reduction. 2. The length of time the residents have been subjected to the service reduction. 3. The degree of discomfort the serv- ice reduction imposes on the residents. 4. The extent to which the service reduction causes the mobilehome or the space to be uninhabitable. 5. The extent to which the service reduction causes a material reduction in the usability of the mobilehome or space. 192-63 (Pleasanton April 2003)