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<br />(d) A Fair Return Petition shall be decided by the City Manager within sixty <br />(60) calendar days of the date that the application has been deemed complete , <br />including proof of service of the Fair Return Petition on the applicable tenant(s). The <br />decision shall be emailed and sent by mail, with proof of mailing to the subject property <br />owner, the owner's designated representative(s) for the Fair Return Petition, and a <br />designated representative of the tenant(s). Any appeal of the City Manager decision on <br />a Fair Return Petition shall proceed pursuant to the administrative appeal procedures <br />found in Chapter 3 of the Santa Ana Municipal Code. <br /> <br />Section 8-1998.4 – Exemptions. <br /> <br />(a) Pursuant to the Costa-Hawkins Rental Housing Act, the provisions of this <br />ordinance regulating the amount of rent that a residential real property owner may <br />charge shall not apply to the following: any residential real property that has a certificate <br />of occupancy issued after February 1, 1995 (California Civil Code section <br />1954.52(a)(1)); and, any other provisions of the Costa-Hawkins Rental Housing Act <br />addressing exemptions, as applicable. <br /> <br />(b) Pursuant to the Mobilehome Residency Law, the provisions of this interim <br />ordinance regulating the amount of rent that a mobilehome park owner may charge for a <br />mobilehome space shall not apply to the following: any mobilehome space subject to a <br />long term (more than one year) rental agreement (California Civil Code section 798.17); <br />any newly constructed mobilehome space first offered for rent on or after January 1, <br />1990 (California Civil Code section 798.45); mobilehomes not being used as a person’s <br />primary residence that are not being leased to someone else (California Civil Code <br />section 798.21); and, any other provisions of the Mobilehome Residency Law <br />addressing exemptions, as applicable. <br /> <br />Section 8-1998.5 – Rent Increase Ineffective. <br /> <br /> No rent increase shall be effective if the owner: <br /> <br />(a) Fails to substantially comply with all provisions of this Division, including <br />but not limited to the failure to provide notices as required; or <br /> <br />(b) Fails to maintain the residential real property or mobilehome space in <br />compliance with California Civil Code Sections 1941.1 et seq. and California Health and <br />Safety Code sections 17920.3 and 17920.10; or <br /> <br />(c) Fails to make repairs ordered by the City or court of competent <br />jurisdiction. <br /> <br />EXHIBIT 1