5.44.040 Mobile home park owner exemptions under Section 5.44.030(F).
A. Any mobile home park owner claiming an exemption under Section 5.44.030(F) shall comply with the following requirements and procedures:
1. Such mobile home park owner shall file with the city clerk a statement setting forth the basic facts upon which the claim for exemption rests, such as total number of spaces, number on long-term leases, identity of spaces on long term leases, expiration date for each long-term lease and any other information determined necessary by the city administrative officer to evaluate the claim.
2. The statement shall include a listing, by space number and name, of each tenant not on a long-term lease and who would be affected by the claim of exemption. In addition, the owner shall provide proof of service that all tenants have been notified of the claim of exemption and of the fact that a tenant may file an objection within thirty days.
3. The statements required to be filed above shall be confidential and not public records unless and until a hearing officer determines otherwise as necessary to conduct a hearing as set forth in subsections (D) or (F) of this section.
B. An objection to the claim of exemption may be filed with the city clerk within thirty days after the notice of claim has been served. The objection shall state the grounds of the objection. The only acceptable grounds for objection is that the owner in fact does not have two-thirds of the spaces in the park on long-term leases.
C. If an acceptable and timely objection is received the owner and the tenant(s) filing the objection shall meet and confer to negotiate in good faith and attempt to reach an agreement. If no agreement is reached within thirty days of the date of filing of the objection, the owner shall within ten days notify the city administrative officer that an agreement or resolution to the objection has not been reached. The city administrative officer shall proceed to select a hearing officer as set forth in Section 5.44.070(E).
D. The hearing officer shall set and conduct a hearing as set forth in subsections (E) and (G) of Section 5.44.070. The hearing officer shall determine whether the claim of exemption is valid, taking into account all relevant evidence, facts and circumstances necessary to come to a decision.
E. The hearing officer’s charges shall be paid by the city.
F. An appeal may be taken from a decision of the hearing officer as set forth in Section 5.44.110, including the obligation for the costs of the appellate panel as set forth in subsection (D) thereof. (Ord. 1146 § 1, 1989)