Ordinance Number 613103
ORDINANCE NO. 613
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ADDING SECTION 2-2.906 OF ARTICLE 9 "MOBILE
HOME PARK REVIEW COMMITTEE" CHAPTER 2, "COMMISSIONS
AND BOARD", OF TITLE 2 "ADMINISTRATION" (HEARING
OFFICER COSTS/FEE REIMBURSEMENT)
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Code Amendment.
Section 2-2.906 of Article 9, Mobile Home Park Review Committee,
Chapter 2, Commissions and Boards, of Title 2, Administration is hereby added to read as
follows:
"Sec. 2-2.906. Hearing Officer Costs/Fee Reimbursement.
"(a) Administrative Fee. There is hereby instituted a $1,000.00 fee to be paid
to the City for costs incurred in invoking the hearing officer procedure
set forth in Section 2-2.905.
"(b) $500.00 Deposit. At the time the park residents file a petition in protest
of a proposed increase, the petitioners shall simultaneously post a
$500.00 deposit with the Secretary to the Mobile Home Park Review
Committee. The Secretary shall find that the petition is incomplete if
the $500.00 is not posted. Further, the statue of limitation period of 30
days from the effective date of a rent increase shall continue to run in
the event that the petition has been found to be incomplete.
"If the petition is in order and the deposit has been posted, the City shall
promptly notify the park owner that the hearing procedure will be
invoked and that the park owner shall, within 10 days of receipt of
notice, post a $500.00 deposit equal to the petitioner's deposit. Should
the park owner not post the $500.00 deposit within the 10 -day time limit,
the residents shall be under no legal obligation to pay the proposed rent
increase.
"(c) Responsibility for Payment of Administrative Fee. At the conclusion of
the administrative hearing, the Hearing Officer, as a part of his
responsibility to make findings, shall make a recommendation as to the
percentage that each party is to pay in satisfying the $1,000
administrative fee. The City Council shall make a final decision
regarding the Hearing Officer's determination based upon the final rent
award.
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passage.
"(d) Remedies for Non -Payment of Administrative Fee. Should any party
refuse to pay his portion of the required administrative fee, City may
pursue any civil remedy available, or in the alternative, refuse to process
a future petition by the same petitioners. In the case of park owner non-
payment, park tenants shall not be obligated to pay proposed rent
increases until the administrative fee debt has been satisfied."
SECTION 2. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its
SECTION 3. City Clerk's Certification.
The City Clerk shall certify to the adoption of this Ordinance and cause the
same to be published once as required by law and posted at the duly designated posting
places within the City of San Juan Capistrano within fifteen (15) days after its passage.
1987.
PASSED, APPROVED, AND ADOPTED this 1st day of December ,
ANTHONY L_rND, MAYOR
ATTEST:
f
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Ordinance No. 61� which was introduced at a meeting of the City Council of the City
of San Juan Capistrano, California, held on November 17 . 19R7 , and adopted
at a meeting held on December 1 , 1987, by the following vote:
AYES: Councilmen Friess, Buchheim, Hausdorfer, and
Mayor Bland
NOES: None
ABSENT: Councilman Schwartze
(SEAL) 2C _±_
MARY A N NOVER, CITY CLERK U
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