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10A Action 2019 0304
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10A Action 2019 0304
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2/26/2019 7:58:49 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
3/4/2019
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period, the allowable monthly Rent will be decreased by any amount it was <br />increased because of a Rent Increase approval granted under this Section; and <br /> <br />11. Evidence that the amortization period is in conformance with any schedule adopted <br />by the City Council, unless it is determined that an alternate period is justified based <br />on the evidence presented during the consideration of the Park Owner’s application. <br /> <br />E. Capital Replacement. Upon receipt of a Capital Replacement application, the Rent Review <br />Officer shall provide notice (“Capital Replacement Notice”) of the application to all Affected <br />Mobilehome Owners. The Capital Replacement Notice shall state the proposed Capital <br />Replacement, the amortization schedule including interest for the project, and the resulting <br />temporary Rent Increase proposed. The Rent Review Officer shall email the application and all <br />of its attachments to the Affected Mobilehome Owners. The Park Owner shall post a complete, <br />physical copy of the application and its attachments at a location that is obvious and accessible <br />to all Mobilehome Owners. <br /> <br />1. A temporary Rent Increase for Capital Replacement shall be approved and the <br />protest provisions under subsections 2 and 3 shall not apply if the Park Owner <br />submits evidence with its application that the Park Owner has: <br /> <br />a. Consulted with the Affected Mobilehome Owners prior to initiating construction of <br />the Capital Replacement project regarding the nature and purpose of the project and <br />estimated cost; and <br /> <br />b. Obtained the prior written consent of an adult household member from at least 50 <br />percent plus one of the Spaces whose Rent would be affected by the requested <br />Capital Replacement temporary Rent Increase. Evidence of such consent must be <br />presented at the time of filing the application with the City. Provided that the above <br />two criteria have been satisfied, the City Manager or their designee shall approve <br />the application as submitted, and shall send notice to the Park Owner and Affected <br />Mobilehome Owners stating that the application has been granted and identifying <br />the amount of the approved temporary Rent Increase. Said decision by the City <br />Manager or their designee shall be final and shall not be appealable. <br /> <br />2. In the event that one adult household member from at least 50 percent plus one of <br />the affected Mobilehome Spaces protest the application in writing to the Rent <br />Review Officer within 45 days after the date the Rent Review Officer mails or <br />emails the Capital Replacement Notice to the Affected Mobilehome Owners, the <br />City Manager shall determine whether the application is complete, including <br />determining whether all applicable fees have been paid. The City Manager may <br />require additional information if the application is deemed incomplete. Upon <br />determining that the application is complete, the City Manager may retain expert <br />assistance as necessary to review the application, and may require the Park Owner to <br />pay the cost of expert assistance. The complete application shall be reviewed <br />pursuant to this Chapter. <br /> <br />3. In the event that one adult household member from at least 50 percent plus one of <br />the affected Mobilehome Spaces whose Rent would be increased if the application <br />were approved do not protest the application in writing to the Rent Review Officer <br />within 45 days after the date the Rent Review Officer mails or emails the Capital <br />Replacement Notice to the Affected Mobilehome Owners, the City Manager shall <br />approve the application as submitted, and send a notice to the applicant and the <br />Affected Mobilehome Owners stating that the application has been granted and <br />identifying the amount of the temporary Rent Increase allowed to be charged the <br />Affected Mobilehome Owners. Said decision by the City Manager shall be final and
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