HomeMy WebLinkAboutMINUTES - 11071995 - C29 ORDINANCE NO. 95- 53
Amending the Mobilehome Space Rent Stabilization Ordinance
to Provide for Mailing of Hearing Officer Statements of
Decisions by Certified Mail, Return-Receipt Requested
The Board of Supervisors of the County of Contra Costa ordains as
follows (omitting the parenthetical footnotes from the official
text of the enacted or amended provisions of the County Ordinance
Code) :
SECTION I. SM4MARY. This ordinance amends section 540-2..814 of
the County Ordinance Code to provide for the mailing of hearing
officer statements of decisions by certified mail, return-receipt
requested.
SECTION II. Section 540-2.814 of the County Ordinance Code is
amended, by amending subdivision (d) to provide for the mailing
of hearing officer statements of decisions by certified mail,
return-receipt requested, and to make a clarifying non-
substantive change regarding statements of decisions, to read:
540-2.814 Hearings. (a) General . Hearings to review a
rent increases shall be conducted pursuant to the procedures
prescribed in this section.
(b) Conduct of Hearing . The park owner and affected
mobilehome owners may appear at the hearing and offer oral and
documentary evidence. The Hearing Officer shall have such
authority and may make such orders as necessary to assure that
the hearing is conducted in a timely manner and a decision
rendered within the time limits set forth in this section. The
hearing Officer shall exercise discretion in the determination of
facts. The hearing officer need not require that formal rules of
evidence be observed, provided that constitutional rights for a
fair hearing are protected. The hearing Officer may grant not
more than two continuances of the hearing for not more than ten
(10) working days each, except that the Hearing Officer may grant
additional continuances upon the park owner's request provided
the homeowners ' representative is provided a reasonable amount of
time to review any additional evidence submitted by the park
owner.
(c) Representation of Parties The parties in a hearing
are entitled to be represented by a person or persons of the
party's choosing. The representative need not be an attorney.
The written designation of a representative(s) shall be filed
with the Hearing Officer at or prior to the time of
representation.
(d) Hearing Findings and Determination The Hearing
Officer shall, within fifteen (15) working days of the conclusion
of the hearing, submit a written statement of decision, including
the reasons for the decision by certified mail, return-receipt
requested to the park owner and the homeowners ' representative.
A copy of the statement of decision shall also be submitted to
the Rent Review Officer. The Hearing Officer may allow the
parties to submit briefs or additional information; however, any
such submittal shall not prolong the decision except upon the
written waiver of the park owner. The Hearing Officer's decision
shall determine the amount of rent increase, if any, and the
effective date of the rent increase consistent with providing a
fair and reasonable return on the involved park owner's
investment.
(e) Burden of Proof . The burden of proving the
reasonableness of a proposed major rent increase for a fair and
reasonable return on investment, other than a reduction in
service without a concurrent decrease in space rent, shall be on
the park owner. The burden of proof shall be upon the affected
mobilehome owners for a housing service reduction without a
concurrent space rent decrease.
(f) Attorneys Fees. This chapter makes no provision for
attorneys fees and costs as between park owners and mobilehome
owners with respect to any administrative proceeding regarding
this chapter, including any appeal of any administrative decision
made pursuant to this chapter. Except as expressly provided
herein, under no circumstances shall any provision in this
chapter be construed to allow either party to apply for or
recover attorneys fees from the other in proceedings under this
chapter.
(g) Decision Final . The decision of the Hearing Officer
is final and binding upon the park owner and all affected
mobilehome owners, regardless of whether any affected mobilehome
owner signed the petition for a hearing or was present or
represented at the hearing. The decision of the Hearing Officer
shall be subject to judicial review pursuant to section 1094 .5 of
the Code of Civil Procedure.
The parties to the hearing may enter an agreement, which
shall be signed by the Hearing Officer, that the decision of the
Hearing Officer shall be final and binding upon all parties on
the same basis as an arbitrator's decision subject to
confirmation, correction or vacation, pursuant to section 1285 et
seq. of the Code of Civil Procedure.
(h) No decision. If the Hearing Officer does not render
and mail a decision within twenty (20) working days of the
conclusion of the hearing, the requested rent increase shall be
deemed granted for the period commencing the day after said 20th
working day.
(Ords. 95-53 , S 2; 95-31, S 2. )
ORDINANCE NO. 95- 53
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III. EFFECTIVE DATE. This ordinance becomes effective 30 days
after passage, and within 15 days after passage shall be
published once with the names of the Supervisors voting for and
against it in the Contra Costa Times, a newspaper published in
this County.
PASSED on November 7 , 1995 , by the following vote.
AYES: Supervisors Rogers , Smith, DeSaulnier, Torlakson and Bishop
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: Phil Batchelor,
Clerk of the Board of Supervisors
and County Administrator
By: rLkAljo L10
De uty B and Chai
[SEAL]
LTF.23.ord921.95
ORDINANCE NO. 95- 53
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