2002 FEBRUARY - Laserfiche WebLink

6.60.130 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. Recovery Of Fee: If the hearing officer approves a rent increase that is equal to or greater than the rent in- crease requested by the park owner in the fair return or base year rent adjust- ment petition, the cost of the fee may be passed through to the homeowners 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 re- quested by the park owner in the fair return or base year rent adjustment petitions, the park owner shall only be entitled to reimbursement of a percent- age of the fee paid, said percentage being the same as that percentage of the rent increase which was granted in comparison to the rent increase which was requested. Unless the park owner and the residents agree otherwise, the reimbursement shall be paid in equal installments with the rent payments for the twelve (12) month period following completion of the proceedings and shall be divided equally among the residents of the mobilehome spaces affected by the rent increase. Such period may be extended in the discretion of the hear- ing officer. C. Allocation Of Costs: Except as provided in subsection A of this sec- tion, the park owner and the residents shall each bear their own costs incurred in the proceedings on the rent increase petition, including, but not limited to, attorney fees. (Ord. 1843 § 2, 2001) 6.60.140 Agreements: Nothing in this chapter shall operate to restrict the right of a resident and a park owner to enter into an agreement in accordance with California Civil Code section 798.17. Pursuant to Civil Code section 798.17(c), the resident and a prospective mobilehome purchas- er shall have the option to reject the offered rental agreement and accept a rental agreement for a term of twelve (12) months or less, including a month to month agreement. If anew rental agreement is offered to a prospective purchaser, the prospective purchaser shall have at least ten (10) working days from the date the rental agreement is first offered to review the agreement and to accept or reject it. A copy of the proposed agreement shall be provided to the prospective purchaser for this purpose. The prospective purchaser shall also have the right to rescind the rental agreement after signing it by notifying the park owner in writing within seventy two (72) hours of the execution of the rental agreement. (Ord. 1843 § 2, 2001) 192-61 (Pleasanton February 2002)