2002 FEBRUARY - Laserfiche WebLink

6.60.060 method should be used by the hearing officer in evaluating the petition. In evaluating the petition, the hearing officer may consider any relevant fac- tors necessary to permit a fair and reasonable return on investment. (Ord. 1843 § 2, 2001) 6.60.070 Base Year Rent Adjustments: A. Purpose: It is presumed that the base year rent is reasonable and reflects general market conditions. However, in the event the park owner believes that such base year rent is not reasonable or does not reflect general market condi- tions, the purpose of this section is to provide a mechanism for the review and adjustment of a requested increase in the base year rent. B. Presumption That Base Year Rent Was Reasonable And Reflected General Market Conditions: For the purpose of determining whether the base year rent should be adjusted, it shall be presumed that the base year rent was reasonable and reflected general market conditions. C. Base Year Rent Adjustments: The hearing officer may determine that the base year rent was not reasonable or did -not reflect general market condi- tions. 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 pro- vide 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 deter- mination, the hearing officer shall con- sider 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 simi- lar to rent for comparable mobilehome park property; 3. The base year rent was significant- ly 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 rebut- tal that this section will provide meth- ods to permit the park owner to show that the base year rent was not reason- able or did not reflect market condi- tions. 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 evalu- ating the petition. In that event, the hearing officer may consider any rele- vant factors necessary to permit the park owner to show that the base year rent was not reasonable or did not reflect market conditions. (Ord. 1843 § 2, 2001) 6.60.080 Fair Return Adjustment Procedures: A. Fair Return Petitions: 1. If a park owner wishes to increase rent for any mobilehome space more than as provided in section 6.60.040 of this chapter, the park owner shall sub- mit afair return petition to the city manager. (Pleasanton February 2002) 192-52