San Jose Municipal Code Part 9 General Provisions

A. Any notice required to be given by any provision of this chapter may be given by personal service, by registered or certified mail, return receipt requested, or by first class mail, postage prepaid.

B. If personally served or if sent by registered or certified mail, such notice shall be deemed given on the date actually received.

C. If sent by first class mail, such notice shall be deemed given five days after the deposit of the notice in the United States mail or, if said fifth day is a day on which there is no mail delivery service, on the first day following said fifth day on which there is mail delivery service.

D. If a party has filed a written designation of a representative pursuant to Section 17.22.800, a notice shall be deemed given to such party if it is given to such party's designated representative.

(Ord. 22284.)

The city rental rights and referrals program shall provide staff services to the commission including, but not limited to, the following:

A. Maintain files pertaining to rent disputes for which petitions are filed pursuant to this chapter.

B. Review petitions for timeliness and completeness.

C. Send notices to landlords, mobilehome owners and mobilehome tenants as required by this chapter.

D. Screen applications from persons applying for positions as administrative hearing officers and make recommendations to the city council or city manager regarding employment of such persons.

E. Send notices of commission meetings to interested parties.

F. Prepare the agenda and the minutes of commission meetings and prepare packets of materials relating to matters before the commission.

G. Determine the maximum annual percentage increase in accordance with the provisions of Section 17.22.155.C.

H. Other duties as determined by the city manager.

(Ords. 22284, 24400, 26792.)

Any landlord, mobilehome owner or mobilehome tenant aggrieved by an action or decision of the city rental rights and referrals program pursuant to this chapter may appeal such decision to the director by filing a written statement with said director within ten working days of the action or decision of the city rental rights and referrals program, with a copy to the city rental rights and referrals program, setting forth the grounds upon which such person believes the action or decision of the city rental rights and referrals program should be reversed. The director shall review the decision and make a final ruling.

(Ords. 22284, 24400, 26792.)

A. The city attorney shall provide legal services to the commission.

B. The city attorney shall prepare formal legal opinions in response to requests from the city council, the commission, city staff or any administrative hearing officer. Legal questions raised by other persons shall be forwarded to the commission which may, in its discretion, refer questions of general interest or applicability to the city attorney.

(Ord. 22284.)

Any landlord, mobilehome owner or mobilehome tenant aggrieved by any decision of an administrative hearing officer in a proceeding pursuant to this chapter in which such landlord, owner or tenant is a party may seek judicial review in a court of competent jurisdiction.

(Ord. 22284.)

A. Each mobilehome park landlord shall register with the city rental rights and referrals program on or before September 1, 1988. Such registration shall consist of filing with the city rental rights and referrals program the following information:

1. The name and address of the mobilehome park.

2. The number of lots in the mobilehome park which are occupied or available for occupancy.

3. The names and addresses of the owners of the mobilehome park.

4. The name and address of the manager of the mobilehome park.

5. The name and address of the person or persons designated for service of process on behalf of the mobilehome park landlord.

B. Upon the sale or transfer of a mobilehome park, the seller or transferor shall notify the city rental rights and referrals program of the date of the sale or transfer and of the name and address of the buyer or transferee.

C. Within ten days of the sale or transfer of a mobilehome park, the buyer or transferee shall register with the city rental rights and referrals program by providing the information required by subsection A. above.

D. No mobilehome park landlord shall demand, receive or collect any rent increase from any mobilehome owner or mobilehome tenant in excess of the amounts specified in Section 17.22.450 unless such landlord is registered with the city rental rights and referrals program as the landlord of the mobilehome park in which the rent increase is sought and has provided the information required by subsection A. above.

(Ords. 22850, 26792.)

A. The city rental rights and referrals program shall prepare a summary of the mobilehome rent ordinance set forth in this chapter and, upon approval of the summary by the mobilehome advisory commission, shall give a copy of the summary to the landlord of each mobilehome park located in the city.

B. The mobilehome park landlord shall maintain the summary in the mobilehome park office and shall give a copy of the summary to each resident of the mobilehome park annually prior to February 1 of each year.

C. At the time an offer is made to purchase or otherwise acquire any mobilehome that will remain in the park, the selling or transferring mobilehome owner shall give a copy of the summary to the potential buyer or transferee.

(Ords. 22851, 26792.)

A. On or before July 1 of each year, the city rental rights and referrals program shall determine the maximum standard annual percentage increase for the next year beginning October 1 in accordance with the provisions of Section 17.22.155C., and prepare a notice of the maximum standard annual percentage increase, and shall give a copy of the notice to the landlord of each mobilehome park located in the city.

B. The mobilehome park landlord shall post a copy of the notice in the mobilehome park office within twenty-four hours of receipt.

(Ords. 24400, 24666, 26792.)