Los Gatos Municipal Code Div. 3 Resolution

When either party to a landlord/tenant transaction has a dispute with the other, the party may seek the services of the town by filing a written petition for conciliation with the town or its agent; provided, that in the case of rent disputes, twenty-five (25) percent of the units affected must join in the petition, or file timely concurrent petitions. In all other cases an individual may submit a petition. Petitions challenging a rent increase in a single unit must be filed within sixty (60) days after the landlord sends a valid notice of rent increase. In the case of rent increases for multiple units, an initial petition by at least one affected tenant must be filed no later than sixty (60) days after the landlord sends a valid notice of rent increase. If an initial petition is received within the applicable sixty (60) days for a property in which multiple numbers of increases were noticed, additional petitions containing the requisite number of signatures necessary to reach the twenty-five (25) percent level must be received within thirty (30) days after any affected tenant has received a list of the names and unit numbers of the affected tenants as required by section 14.80.040 or has otherwise been notified by the agent that additional petition signatures are necessary. A petition raising an issue other than a rent increase must be filed within thirty (30) days of the event giving rise to the dispute.

(Code 1968, § 24.40.010; Ord. No. 2029, § IV, 4-21-97; Ord. No. 2068, § II, 9-7-99; Ord. No. 2128, § III, 3-15-04)

The Town or its agent will provide conciliation service to parties engaged in landlord/tenant disputes arising from the occupancy of rental units as defined herein.

(Code 1968, § 24.40.015; Ord. No. 2128, § III, 3-15-04)

When a landlord/tenant dispute arising from the occupancy of a rental unit on a property containing three (3) or more rental units has not been resolved through conciliation, either party may request mediation by applying therefor on a form provided by the agent.

(Code 1968, § 24.40.020; Ord. No. 2029, § V, 4-21-97; Ord. No. 2128, § III, 3-15-04)

A request for mediation is effective only if it is received by the Town or its agent as prescribed by the regulations adopted pursuant to section 14.80.025.

(Ord. No. 2068, § III, 9-7-99; Ord. No. 2128, § III, 3-15-04)

An arbitrator or mediator may on his/her own initiative or at the request of a party issue subpoenas, including a subpoena requiring the production of documents, provided however, that a mediator or arbitrator shall require a party requesting a subpoena requesting documents to make a showing of good cause supporting such a request. For the purposes of this article, the Town Council's authority to issue subpoenas is delegated to the mediator or arbitrator, reserving to the Council full authority to issue subpoenas for the same or other purposes.

(Code 1968, § 24.40.030; Ord. No. 2128, § III, 3-15-04)

When a party properly requests mediation, the dispute shall be heard under a process consistent with the basic principles of confidentiality, neutrality, and preservation of the freedom of the parties to decide whether to settle and if so, on terms of their own choosing. No third parties, such as representatives from the media, shall be allowed to attend mediation.

(Code 1968, § 24.40.035; Ord. No. 2128, § III, 3-15-04)

When conciliation or mediation does not result in an agreement, any party to the case may request arbitration by applying therefor on a form provided by the agent.

If the arbitration request follows a mediation that did not result in an agreement, the arbitration request will be granted. If the arbitration request follows conciliation that did not result in an agreement, the Town, or its agent, may assign either arbitration or mediation. The Town, or its agent, will base this decision upon which procedure appears most likely to result in a timely decision that is both fair and acceptable to the parties.

(Code 1968, § 24.40.040; Ord. No. 2029, § VI, 4-21-97; Ord. No. 2068, § IV, 9-7-99; Ord. No. 2128, § III, 3-15-04)

A request for arbitration is effective only if it is received by the Town or its agent as prescribed by the regulations adopted pursuant to section 14.80.025.

(Code 1968, § 24.40.045; Ord. No. 2029, § VII, 4-21-97; Ord. No. 2044, § II, 5-4-98; Ord. No. 2068, § V, 9-7-99; Ord. No. 2128, § III, 3-15-04)

When a party properly requests arbitration, the dispute shall be administered and conducted according to generally accepted rules for arbitrating disputes in Santa Clara County, California, unless otherwise specified in regulations adopted pursuant to this article.

(Code 1968, § 24.40.050; Ord. No. 2029, § VIII, 4-21-97; Ord. No. 2068, § VI, 9-7-99; Ord. No. 2128, § III, 3-15-04)

(a) For the sole purpose of reimbursing the Town for the costs of administering this article, there is hereby imposed on each rental unit, subject to the provisions of this article, a regulatory fee in such amount as the Council may establish by resolution from time to time. The regulatory fee for a rental unit in a duplex shall not exceed fifty (50) percent of the fee charged to other rental units subject to this article. No later than June 1 of each year, the manager will report to the Council on the amount of regulatory fees necessary to recover the costs of the Town in administering the article.

(b) The regulatory fee shall be due at the same time that the landlord's business license fee is due. Except, in the case of duplexes, the regulatory fee is due July 1. A landlord who fails to pay the fee within thirty (30) days after the Town mails its bill to the Landlord shall pay a twenty-five (25) percent penalty, plus an additional twenty-five (25) percent penalty for each thirty (30) days thereafter that the bill remains unpaid. Until such time as the bill including penalties is paid, the landlord of a rental unit shall not be entitled to any rent increase.

(Code 1968, § 24.60.010; Ord. No. 1972, § III, 3-21-94; Ord. No. 2128, § III, 3-15-04)