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HomeMy WebLinkAboutMINUTES - 10171995 - C32 TO: BOARD OF SUPERVISORS FROM: Victor J. Westmen, County Counsel DATE: October 17, 1995 SUBJECT; Mobilehome Space Rent Stabilization Ordinance; Amendment To Provide For Certified Mailing Of Decisions SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1 . Introduce, waive heading and fix October 24, 1995 for adoption of an Ordinance Amending the Mobilehome Space Rent Stabilization Ordinance to Provide for Mailing of the Hearing Office Statement of Decision by Certified Mail, Return-Receipt Request . FISCAL IMPACT No significant fiscal impact . BACKGROUND REASONS FOR RECOMMENDATIONS In accordance with the Board' s September 12, 1995 request, this office has prepared an ordinance amending the County' s Mobilehome Space Rent Stabilization Ordinance to provide for the mailing of hearing officer statements of decisions by certified mail, return- receipt requested. The ordinance is attached hereto. CONTINUED ON ATTACHMENT: _ YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON I APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORSI ON THE DATE SHOWN. Orig: County Counsel ATTESTED L7 cc: Community Development PHIL BATCHELO CLERK OF THE BOARD OF SUPERVISORS An COUNTMINISTRATOR BY °A_1 , DEPUTY CONTACT: Lillian T. Fujii Deputy County Counsel ORDINANCE NO. 95 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.. SUMMARY. 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-_, § 2; 95-31, § 2 . ) ORDINANCE NO. 95- 2 - 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 by the following vote. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator By: Deputy Board Chair [SEAL] LTF.23.ord921.95 ORDINANCE NO. 95- _ 3 _ —