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5.16.100 Rent adjustments—Commission review.

        A.    1.     In order to implement a rent increase as permitted under Section 5.16.090 of this chapter or a rent decrease based on a reduction of housing services, the applicant must file with the commission a proposed rent schedule on the form provided by the commission. Any proposed capital improvement to be passed through to homeowners must be approved by the commission after the park owner files an application showing the amount of the expense, the amount to be passed through and proof of a majority vote in favor of the special and limited rent increases.

        2.     Where the park owner is the applicant, the park owner shall serve each affected homeowner, either personally or by mail, with written notice of the proposed increase, in accordance with state law, and with notice that a request for approval of same is being filed with the commission. Where a homeowner (or homeowners) is the applicant, the homeowner shall serve the affected park owner by mail or personally at the address and to the person designated in the registration form submitted by the park owner to receive notices on behalf of the park owner. The applicant shall file proof of such service with the commission concurrent with the filing of the rent increase or decrease application. Copies of the rent schedule, request for increase and supporting documentation shall be available to any homeowner requesting same at the park owner’s office in the affected mobilehome park.

        B.     If the city determines that the application is not complete, accurate, or not in compliance with this chapter, within twenty-one (21) days of the date on which the application was filed, the city shall give written notice of the deficiencies to the applicant.

        C.     The city shall set a hearing on any request complying with the requirements of this chapter no sooner than fifty (50) days and no later than seventy (70) days after the application is accepted as complete. The city shall send written notice to the park owner, who shall post such notice in a conspicuous place, of the time and place set for the hearing. If the commission approves an increase as requested, or lower than requested, the same shall take effect as noticed by the owner or as the commission may otherwise direct.

        D.    In the application for rent adjustment under this chapter, the park owner shall indicate which, if any, of the mobilehome spaces are covered by leases or contracts which provide for more than a month-to-month tenancy, together with expiration date of each such lease or contract. Any rent increase approved by the commission under this chapter shall not be applicable to spaces covered by such leases or contracts during the term of such leases or contracts.

        E.     Homeowner(s) in a mobilehome park may initiate commission review of a proposed land rent increase by filing with the city clerk a written petition. The petition shall be in substantially such form and contain such information as may be required by the commission. (Ord. 116 § 2, 1994; Ord. 48U § 1, 1991; prior code § 6710)