Laserfiche WebLink
17 <br /> <br />of any proposed Rent Increase (or decrease) or portion thereof may be reasonably conditioned <br />in any manner necessary to effectuate the purposes of this Article. <br /> <br />L. Representation of Parties: <br /> <br />1. Each party may be represented by any person of its choosing. The representative <br />need not be an attorney. <br /> <br />2. Written designation of representatives shall be filed with the Rent Review Officer or <br />Hearing Officer. <br /> <br />3. The written designation of the representative shall include a statement that the <br />representative is authorized to bind the party to any stipulation, decision or other <br />action taken by the Rent Review Officer or Hearing Officer. <br /> <br />M. Overall Period for Review of Application. Except as otherwise provided in this Article, a <br />decision on an application for Rent adjustment made pursuant to this Article shall be made <br />within 120 days after the application is deemed complete, unless extended by the Rent Review <br />Officer or Hearing Officer for good cause. <br /> <br />N. Standard of Review. The applicant shall bear the burden of proof, by a preponderance of <br />the evidence, on all issues necessary to the granting of the petitioner’s petition, both at <br />the Rent Review Officer and Hearing Officer levels of review. <br /> <br />[4-39-227] Appeal of the Rent Review Officer’s Decision. <br /> <br />A. The decision of the Rent Review Officer on an application for Rent Increase for fair return, <br />Capital Improvements, or Capital Replacements, or Rent reduction for Service Reduction <br />may be appealed within 30 days after the date of its mailing. An appeal by the Park Owner <br />shall be signed by the Park Owner or its lawfully authorized agent. An appeal by the <br />Mobilehome Owners must be signed by the Mobilehome Owners residing on twenty-five <br />(25) percent of the Mobilehome Spaces that are subject to the Rent Review Officer’s <br />decision. An appeal must be in writing and must be delivered to the opposing parties and the <br />City within the 30-day appeal period. If the Rent Review Officer’s decision is not timely <br />appealed, the Rent Review Officer’s decision shall become final on the thirty-first day after <br />the decision is mailed. The appealing party shall be required to pay for the costs of the <br />appeal, including those imposed by the Hearing Officer and those established by resolution of <br />the City Council. The appeal shall be conducted through a de novo evidentiary hearing, <br />which shall consider at least the following: the application, all information, expert opinions <br />and arguments submitted by the parties to the Hearing Officer; the opinions of the City’s <br />experts; additional arguments or facts upon which the Hearing Officer’s decision is based; <br />and the briefs, evidence and testimony accepted or rejected by the Hearing Officer in support <br />of or in opposition to the application by any of the parties to the proceedings. <br /> <br />B. Procedure for Selection of a Hearing Officer. <br /> <br />1. Hearing Officers shall be licensed attorneys of the State Bar of California in good <br />standing, and shall have no financial interest in Mobilehomes, Mobilehome Spaces <br />or Mobilehome Parks and shall not have represented Mobilehome Park Owners or <br />Mobilehome Park Mobilehome Owners in Rent setting cases or Park closings, Park <br />conversions or any disputes between Park Owners and Park residents. <br />