[BoulderCouncilHotline] Re: First Reading Questions regarding proposed Ordinance 8216

[Carr, Thomas]

Mary,

Thanks for your questions.  Here are my responses:

1. Ordinance would prohibit retaliation within six months of a specified action. Does this mean retaliation could occur at six months plus one day? Why six months and not longer?

The ordinance prohibits all retaliation.  There is a rebuttable presumption that a particular action is in retaliation if it occurs within six months.  There  is no magic to the six months.  It seems like a reasonable period to have the presumption.  If retaliation occurs after six months, it is still illegal, there just would not be a presumption.

2. On line 14 of page 242, the paragraph refers to "the rental agreement." Could "the rental agreement" be different from the mobile home owner's signed lease? Is the intent that "the rental agreement' is that which the home owner or renter has agreed to? If so, could the language change to be more specific as to that intent?

Rental agreement is intended to mean the home owner’s lease.  Rental agreement could include forms other than a lease.  If council wishes, the ordinance could include a definition of rental agreement.

3. On lines 1 and 7 of page 247,  the phrases are not parallel to each other. Is there a reason that line 7 includes "or an agent" and line 1 does not? Could both include "or an agent"?

Staff did not believe that parallel drafting was necessary in this circumstance.  Line one addresses a threat of lawsuit, line seven is a prohibition.  We will provide council with the option of adding the phrase “or an agent” to line one.

4. On line 5 of page 248, first class mail is specified. How does a notification sent by first class mail provide proof of mailing? Why not specify certified mail or some method for which there is a receipt?

Requirements for service by first class mail generally involve a person’s declaration that he or she placed the notice in the mail.  Certified or registered mail is more expensive.  Staff did not believe that there was sufficient justification to require the additional cost.

5. On line 12 of page 248, proposed ordinance states cost sharing of mediation services. Why not specify use of city provided mediation services through existing channels?

City mediation services would be available.  The language allows the parties to choose.  Council could require the use of the city’s community mediation service.  It would be necessary to determine whether they have the capacity to handle the additional workload.

Tom


From: Young, Mary
Sent: Wednesday, October 18, 2017 11:44 AM
To: HOTLINE <HOTLINE at bouldercolorado.gov>
Subject: First Reading Questions regarding proposed Ordinance 8216

Dear Staff,

I have the following questions regarding proposed Ordinance 8216:

1. Ordinance would prohibit retaliation within six months of a specified action. Does this mean retaliation could occur at six months plus one day? Why six months and not longer?

2. On line 14 of page 242, the paragraph refers to "the rental agreement." Could "the rental agreement" be different from the mobile home owner's signed lease? Is the intent that "the rental agreement' is that which the home owner or renter has agreed to? If so, could the language change to be more specific as to that intent?

3. On lines 1 and 7 of page 247,  the phrases are not parallel to each other. Is there a reason that line 7 includes "or an agent" and line 1 does not? Could both include "or an agent"?

4. On line 5 of page 248, first class mail is specified. How does a notification sent by first class mail provide proof of mailing? Why not specify certified mail or some method for which there is a receipt?

5. On line 12 of page 248, proposed ordinance states cost sharing of mediation services. Why not specify use of city provided mediation services through existing channels?

Thank you.

Mary Dolores Young
Boulder City Council
303-501-2439
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