2005/01/06 Mobile Home Park Rent Appeals Board BylawsMl I l
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CHAPTER 9 ®70 MOBILE HOME ORDINANCE
DATE FIRST ISSUED: OCTOBER 19, 1995
(AS AMENDED 1996, 1997,1998, 2000, 2005)
Res. 96 -01, 6/6/96
Res. 96-02, 6/696
Res. 96 -04, 7/18/96
Res. 96 -05, 8/15/96
Res. 96 -06, 8/15/96
Res. 96-08,6/6/96
Res. 97-01, 4/3/97
Res. 97-02,6/5/97
Res. 98 -04, 11/5/98
Res. 2000 -01, 10/5/2000
Res. 2005 -01, 1/6/2005
Section 1.01 General
In addition to other powers and duties set forth in the Ordinance and in these Rules and
Regulations, the Board shall have the administrative, legislative and judicial powers and duties
set forth below.
Section 1.02 Review of Petitions
A. The Board may review a party's petition for completeness and conformity with the
Ordinance and the Rules and Regulations as adopted by the Board and may thereafter:
Reject the petition with or without prejudice to re- filing;
2. Accept the petition on the condition that notice of a petition, which may affect
homeowners /residents in addition to the petitioning party, be posted in a common area in the
mobilehome park so as to inform other affected homeowners /residents about the petition;
3. Schedule a hearing of the petition by the full Board. It is recommended that
carefid consideration be exercised in deciding if the full Board, or a panel gfBoard members,
is to hear a petition to safeguard and ensure the ability to provide "Due Process"" to the
petitioner should an appeal be f led;
4. Schedule a hearing of the petition by a Hearing Examiner;
S. Return the petition to the petitioner with instructions for properly completing
the petition prior to re- filing.
B. The Board may delegate the initial review of petitions to Board /City staff to perform
the review of the petition and take any action on the petition as set forth in Section A, above.
The Board /City staff shall be required to inform the Board of their actions in writing.
C. The Board may delegate the initial review of the petition to the Board /City staff,
provided that said review shall result in a written recommendation (with justifications) for action
to the Board. After receipt of said recommendations the Board shall have the power to require
further clarification or justification from the Board/City staff. Upon receipt of a
recommendation, the Board may take any action on the petition as set forth in Section A, above.
' Webster defines the terin "Due Process" of L,aw as "the regular administration of a system of laws with respect to
a Person 's rights and liberties.' i his definition is applied to the Rent Appeals Board Rules & Regulations and
refers to a petitioner wishing to file an Appeal to a written Decision by the Clearing hxaininer(s) and f the (Gearing
hxanuner'(s) is /are also Rent Appeals Board rnetnber(s). C {sere must be at least three (3) Board iweinbers available,
other than those who served as (Gearing Exatniner(s), to hear an appeal. If there are not at least three persons to
Bear the appeal, then flue Process cannot be served.
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Section 1003 Hearing by Board of Petition
The Board shall have the power to hear and deckle petitions in accordance with the
provisions of Chapter 7 of these Rules and. Regulations.
Section 1.04 Appointment of Hearing Examiners
The Board shall have the power to appoint Hearing Examiners to hear petitions. Prior to
such appointment the Board must determine that the Hearing Examiner is qualified to conduct
hearings in accordance with the Ordinance and these Rules and Regulations. Hearing Examiners
may be volunteers, Rent Board. staff, City employees„ or independent contractors.
Section 1.05 Appellate Review of Hearing Examiner Decision
Upon receipt of an appeal, the Board shall consider the Hearing Examiner's decision, the
parties' submissions on appeal and the case record. The Board, thereafter, shall have the power
to take any of the actions as set forth in Section 7.15 Appeal to the Board. [Res. 97 -02, 6/5/971
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