City of Ashland, Oregon / City Recorder / City Council Information / Packet Archives / Year 2002 / 03/19 / ORD Mobile Home
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Council Communication
| Title: |
An Ordinance Adding Chapter 10.114 to the Ashland
Municipal Code Relating to the Conversion or Sale of Mobile Home Parks |
| Dept: |
Legal Department |
| Date: |
March 19, 2002 |
| Submitted By: |
Paul Nolte |
| Reviewed By: |
Greg Scoles, City Administrator |
| Synopsis: |
This ordinance proposed by the Housing Commission
regulates the conversion or closure of mobile home parks by requiring the
park owner to notify the city and park tenants that the park will be converted
or closed. At the time such notification is given, the park owner must deliver
to the city and each tenant a report on the availability of comparable
replacement spaces in other mobile home parks and a tenant assistance plan.
The plan must include a calculation of relocation costs for the tenant and
the location of comparable replacement spaces. Prior to the actual conversion
or closing, the park owner is required to pay to each tenant up to $5,000
in relocation costs unless the mobile home cannot be relocated because of
its condition. In such case the park owner is required to pay for the value
of the mobile home or $5,000, whichever is less. A public hearing is held
by the council to review the information provided by the owner and to determine
if ordinance requirements have been met.
This ordinance differs from state law in that it requires a mobile
home park owner to pay relocation costs regardless of when the notice of
closure is given to tenants. Under state law a park owner is not required
to pay any costs in certain situations, and costs, when required, are limited
to $3,500.
In addition, section 10.114.050 requires the owner to notify tenants
and the city of any written offer to purchase the park or any listing agreement
entered into by the owner to sell of the mobile home park. The owner is then
required to deal in good faith with any tenant or tenant supported organization
who may want to purchase the park. These requirements differ from state law
in that state law requires notice only to a tenant association, if such
association has been formed prior to the offer or listing taking place.
|
| Recommendation: |
Should the council desire to augment state requirements
for the conversion or sale of mobile home parks, then staff recommends adoption
of the attached ordinance. |
| Fiscal Impact: |
Undetermined. The fiscal impact to the city is minimized
because the park owner is required to pay a fee to cover the cost of
administering the ordinance, providing notices and conducting the hearing.
The fee is set at the rate of Type II planning actions which is currently
$1,500.00 |
| Background: |
The housing commission proposed a more stringent
(than state law) mobile home closure ordinance soon after the possible closure
of the Lower Pines Mobile Home Park on Highway 66 became public knowledge
in July 2001. On November 27, 2001, the planning commission and housing
commission met jointly to discuss the draft ordinance and several suggestions
were made at that time to modify the ordinance or to reject it (minutes are
attached). The planning commission took no formal action regarding the suggested
changes.
The changes from the ordinance considered by the planning and housing
commissions are marked on the draft attached to this council communication.
In general these changes remove the planning commission from the process
and require the owner to develop a tenant assistance plan for each tenant.
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End of Document - Back to Top
Minutes of Joint Study Session
of the Planning and Housing Commissions regarding Manufactured Housing Parks
in Ashland.
End of Document - Back to Top
ORDINANCE NO. ___________
AN ORDINANCE ADDING CHAPTER 10.114 TO THE
ASHLAND MUNICIPAL CODE RELATING TO THE
ONVERSION OR SALE OF MOBILE HOME PARKS
Annotated to show deletions and additions to the proposed ordinance considered
by the planning commission on November 27, 2001. Deletions are lined
through and additions are underlined.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The following Chapter 10.114 is added to the Ashland Municipal
Code:
Chapter 10.114
SECTIONS:
10.114.010 Purpose
10.114.020 Definitions
10.114.030 Change of Use Conversion of a Mobile Home
Park
10.114.040 Public Hearing by Council
10.114.050 Notification of Intent to Sell Mobile Home Park
SECTION 10.114.010 Purpose. Mobile home parks provide housing
affordable for low- and moderate-income persons and should be preserved as
a long-term resource to the maximum extent practicable. Recognition is given
to mobile home park owners' interests, as well as tenants of such properties
who own the housing located on that land. The provisions of this ordinance
are designed to protect the availability of affordable housing for low- and
moderate-income households by: 1) ensuring adequate notice to the City and
resident mobile home owners when transitions from current affordable housing
uses are planned; 2) providing information about the impact of that sale
on its residents and housing stock in Ashland, 3) providing purchase
opportunities for resident mobile home owners to purchase the park as a group
when it is placed on the market.
SECTION 10.114.020 Definitions. For the purpose of this ordinance
the following definitions shall apply:
A. ''Comparable replacement space'' means any space that is (1) decent, safe,
and sanitary; (2) adequate in size to accommodate the manufactured dwelling;
(3) within the financial means of the displaced tenant; (4) functionally
equivalent; (5) in an area not subject to unreasonable adverse environmental
conditions; and (6) in a location generally not less desirable than the location
of the displaced tenant's space with respect to public utilities, facilities,
services, and the displaced tenant's place of employment.
B. "Change of use Conversion" includes conversion
of a mobile home park to another use, closure of a mobile home park or cessation
of use of the land as a mobile home park.
C. "Manufactured dwelling" means a residential trailer, a mobile home or
a manufactured home as those terms are defined in ORS 446.003 (26). Manufactured
dwelling does not include a recreational vehicle.
D. "Mobile home park" means place where four or more manufactured dwellings
are located, the primary purpose of which is to rent space or keep space
for rent to any person for a fee.
E. "Owner" includes a mortgagee in possession and means one or more persons,
jointly or severally, in whom is vested all or part of the legal title to
property a mobile home park; or all or part of the
beneficial ownership and a right to present use and enjoyment of the
premises the mobile home park. Owner includes an authorized
representative of the Owner.
F. "Relocation costs" include actual reasonable expenses in moving the tenant's
manufactured dwelling and possessions to a comparable replacement space.
Such expenses include:
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Removal and reinstallation of skirting;
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Disconnecting utilities;
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Disconnecting and removing awning(s) and deck(s) from the manufactured dwelling;
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Trip permit and public inspection fees;
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Transportation costs;
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Set up charges;
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Utility connection expenses and fees;
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Unit improvements to meet destination facility space standards;
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Costs for packing and unpacking manufactured dwelling or residential vehicle
contents as necessary for unit relocation for elderly and disabled persons,
as defined in OAR 813-005-0005 and 813-060-0010, respectively;
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Temporary housing and meals for the tenant and permanent occupants during
unit relocation and set up; and
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Landlord expenses to secure the relocation space acceptable to the tenant
from the time of tenant acceptance until the date the relocated manufactured
dwelling or residential vehicle is approved for occupancy.
G. "Tenant" means a person who owns and occupies a manufactured dwelling
in a mobile home park.
SECTION 10.114.030 Change of Use Conversion
of a Mobile Home Park
A. Prior to a change of use of a mobile home park, the person or
entity proposing the change shall comply with the requirements of chapter
18.108 for a Type II planning action. The requirements of this chapter are
in addition to, and not in lieu of, other land use requirements, if any,
in chapter 18.108 for the change in use. Notwithstanding any
other provision of law, no person may convert any mobile home park except
as provided in this chapter 10.114.
B. The application for a change in use Notice of a conversion
shall be filed with the city administrator by the Owner at least 90
days before the conversion is scheduled to occur. The Owner shall file the
notice on a form prescribed by the city administrator and shall submit as
part of the notice the information and documents set forth below. The notice
shall include: a report on the economic impact of the change
upon the tenants that will be displaced. In determining the economic impact,
the report shall address:
-
A report on the availability of comparable replacement spaces in other
mobile home parks, including a current survey showing the total number
of manufactured dwelling spaces, the number and location of vacant manufactured
dwelling spaces, rent schedules, and available manufactured dwellings for
sale in manufactured dwelling parks located within the city's urban growth
boundary. The Owner shall maintain and update this survey at least every
two months and shall make it available to all tenants.
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A tenant assistance plan for each tenant. The tenant assistance plan shall
show the relocation costs associated with relocating the tenants and
manufactured dwellings to be displaced. Except as provided in section
10.114.030.D, the plan shall also show the location of two comparable replacement
spaces.
The Owner shall pay a fee to the city at the time the notice is filed.
The fee shall be in the same amount as the fee for planning actions involving
Type II Procedures.
C. The applicant proposing the change Owner shall
provide a copy of the economic impact report notice including
the report and tenant assistance plan to each tenant in the mobile home
park at the time the application notice is made for
the planning action. At the time the report is provided, the
applicant Owner shall also provide in writing:
-
The
applicant's Owner's address for contact and
communications;
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The firm date set for the
change in use conversion;
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The actions and activities the
landlord Owner plans
to take in the facility closure which may affect the facility tenants;
-
The
applicant's Owner's obligations under this chapter.
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The tenant's rights under this chapter, including the right to relocation
expenses under this chapter;
-
A copy of this chapter.
The information required under this section shall be delivered personally
or by first class mail to each tenant at the address specified in the lease
or rental agreement between the tenant and the landlord. In any sublet unit,
the notice shall be delivered to the tenant at his or her current address
and to the subtenant in possession. If the tenant's address is unknown, the
copy shall be delivered to the subtenant with instructions to forward same
to the tenant.
D. As a condition of the change, the planning commission shall require
the applicant to Prior to the date set for conversion, an Owner
shall pay relocation costs plus costs to implement the tenant assistance
plan of mitigating any adverse impact of the change on the ability
of the displaced tenants to find comparable replacement space or
$5,000, whichever is less. If the manufactured dwelling cannot be reasonably
relocated because of its condition, then the displaced tenant shall be paid
$5,000, or the value of the manufactured dwelling whichever is less. If
payment is made under the preceding sentence, the tenant shall transfer a
clear title to the Owner who shall then be responsible for disposing of the
manufactured dwelling. For purpose of determining the value of the manufactured
dwelling under this section, the real market value of the dwelling as reported
on the most recent property tax assessment roll shall be used. The amounts
specified in this section shall be increased annually in July by the CPI
for the previous calendar year.
E. Fees for applications under this chapter shall be the same as
set by resolution of the council for planning actions involving Type II
Procedures. The applicant, however, shall be required to pay only one fee
for the change in use. If the change in use under this chapter also requires
a fee for a planning action approval under title 18, the applicant shall
pay only the higher fee.
F. The planning department shall, at the time of the pre-application
conference specified in section 108.108.015A, inform the applicant in writing
of the provisions of this chapter which impose upon the applicant a duty
to notify tenants of the mobile home park of the proposed change in
use. At the time the application notice
is filed, the applicant Owner shall verify that tenants
have been given a copy of the report described in section 10.114.030.B and
a copy of this chapter 10.114.
G. This section shall not apply to any change in use
conversion resulting from an adjudication of bankruptcy.
SECTION 10.114.040 Public Hearing by Council
A. Upon receipt of the report described in section 10.114.030, the city
administrator shall schedule a public hearing before the council not less
than 30 days from the date the report is filed. The purpose of the hearing
is to provide an opportunity for public review and comment on the report.
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Notice of the hearing shall be published in the newspaper and delivered
to the Owner at least 20 days prior to the date of the hearing. The Owner
shall be responsible for delivering a copy of the notice of the hearing to
each tenant not less than 15 days prior to the hearing. At the hearing the
Owner shall verify that tenants have been given a copy of the notice 15 days
prior to the hearing.
-
At the hearing, any person may appear and be heard. The Owner shall also
be present to answer any questions that may arise.
SECTION 10.114.050 Notification of Intent to Sell Mobile Home Park.
A. Unless the mobile home park has a tenants' association or a facility
purchase association as those terms are used in ORS 90.810, a mobile home
park The Owner shall notify tenants and the City of Ashland
within 10 days of receipt of:
-
Any written offer received by the owner or agent of the owner to purchase
the facility which the owner intends to consider; or
-
Any listing agreement entered into, by the owner or agent of the owner, to
effect the sale of the mobile home park.
B. The notice shall contain the name, address and phone number of the owner
and the owner's representative, if any, who is authorized to negotiate the
sale of the mobile home park.
C. Within 28 days of delivery by or on behalf of the mobile home
park owner of the notice required by subsection A or this section,
a tenant may notify the owner by certified mail or personal service at the
address disclosed in the notice that the tenant or a tenant supported nonprofit
organization, is interested in purchasing the mobile home park.
D. Upon delivery of the notice required by subsection A of this section,
the owner shall negotiate in good faith with the tenant or organization and
provide the tenant or organization an opportunity to purchase the facility
as the owner would any bona fide third party potential purchaser.
E. This section does not apply to those sales and transfers described in
ORS 90.820(4) or to any offer or listing agreement made before this section
was adopted.
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End of Document - Back to Top
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