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HomeMy WebLinkAboutAdmin Order 53-07-09-F ADMINISTRATIVE ORDER NO. 53-07-09-F of the City Manager Pro Tern ADOPTING MANUFACTURED DWELLING PARK CLOSURE RULE R-1086, AND REPEALING ADMINISTRATIVE ORDER NOS. 53-06-04 AND 53-07-04. The City Manager Pro Tern of the City of Eugene finds that: A. Sections 2.019, 2.1078 and 2.1086 of the Eugene Code, 1971, authorize the City Manager to adopt rules relating to condominium conversion and manufactured dwelling park closures. B. Pursuant to that authority, on November 30, 2007 I issued Administrative Order No. 53-07-09 proposing the adoption of Manufactured Dwelling Park Closure Rule R-1086, and the forms appended thereto, to bring the existing rules into compliance with some recently adopted Code provisions. The proposed revisions were also based on recommendations from the Housing Policy Board. In addition, staff recommended that separate rules be established for condominium conversion and manufactured dwelling park closure. I concurred with those recommendations. C. Notice of the proposed adoption of Manufactured Dwelling Park Closure Administrative Rule R-1086 was given by publication in the Register Guard, a newspaper of general circulation within the City for at least five days, to-wit, November 20, 21, 22, 23 and 24,2007. The notice was also made available to persons who had requested notice, and provided that written comments could be submitted thereon for a period of fifteen days from the date of first publication. No comments were received within the time and manner required by the notice. Therefore, based upon the above findings, and the findings in Administrative Order No. 53-07-09 which are hereby adopted, and pursuant to the authority contained in Sections 2.019 and 2.1086 of the Eugene Code, 1971, I hereby order that: 1. Administrative Order Nos. 53-06-04 and 53-07-04 are repealed, as of the effective date of this Order. 2. Manufactured Dwelling Park Closure Rule R-1086, and the forms appended hereto are adopted, to provide as follows: Administrative Order - Page 1 CITY OF EUGENE MANUFACTURED DWELLING PARK CLOSURE RULE R-1086 R-1086-A Definitions. As used herein, words and phrases have the meanings ascribed to them in Section 2.1086 of the Eugene Code, 1971 ("EC"). R-1086-B Notice Manufactured DwellinQ Park Closure. 1. Form of Notice. The written notice of manufactured dwelling park closure shall be in the form attached to this Rule as Exhibit 1. 2. Contents. In addition to the information required by EC 2.1086, the notice shall contain: 2.1 The name and address of the park owner, or the park owner's agent, for purposes of contact and communication, and a description of any actions or activities the park owner plans to take which may affect the tenants; 2.2 The City of Eugene information brochure containing a general description of the state and local manufactured dwelling park closure processes, and tenant rights and opportunities mandated by state law or voluntarily made available by the park owner as part of the closure project, which is attached to this Rule as Exhibit 2. The explanation shall describe other voluntary benefits that will be provided to tenants, if any, what information is available to tenants and when other information will be available, how the tenant will be involved, informed, and assisted throughout the process, the park owner's duties under state and local law, and shall include copies of applicable provisions of the EC, ORS 90.630, OAR Ch 813, Div 8, and this Rule; 3. Delivery of Notice. The notioe shall be given to the tenant personally or sent by registered or certified mail to the address shown in the rental agreement or lease. If served personally, the tenant shall sign a receipt verifying receipt of the notice. The receipt shall be in the form attached to this Rule as Exhibit 3. If served by mail, the minimum period for park closure of not less than 365 days shall be extended by three days, and the notice shall recite the fact and extent of the extension. If there is no written lease or rental agreement, the notice shall be sent to the tenant's address in the manufactured dwelling park to be closed. A refusal of registered or certified mail by the addressee shall constitute adequate delivery. The notice shall be sent to each tenant listed in the rental ~greement or lease. If the manufactured dwelling is subleased, the notice shall be sent to the tenant at his or her current address and to the subtenant in possession. If the tenant's current address is unknown, two copies shall be delivered to the subtenant, one addressed to the tenant and one to the subtenant. The notice shall be personally delivered or mailed to the City at the same time notice is provided tenants. Administrative Order - Page 2 4. Notice to Prospective Tenants. After notice of manufactured dwelling park closure has been given, the park owner shall notify each prospective tenant in writing of the estimated date of the manufactured dwelling park closure and of the unavailability of tenant relocation benefits to the prospective tenant. The notice to the prospective tenant shall be given prior to renting a manufactured home or a space in the manufactured dwelling park (Le., signing a lease or rental agreement or otherwise entering into a rental agreement) to that person. The notice shall be delivered personally to the prospective tenant. As used herein, "prospective tenant" means any person who has negotiated an agreement with the park owner for renting or leasing a space or a manufactured dwelling in a park to be closed. The notice to prospective tenants must conform to the form or sample attached to this Rule as Exhibit 4. The obligation to provide this notice to prospective tenants continues after issuance of the manufactured dwelling park closure permit by the City, until the closure of the manufactured dwelling park. R-1086-C Application for Manufactured DwellinQ Park Closure Permit. 1. Time to Apply and Fee. No later than 60 days from the date the park owner has provided written notice of park closure to affected tenants, the manufactured dwelling park owner, or his or her agent, shall apply to the City for a manufactured dwelling park closure permit on a form as is attached to this Rule as Exhibit 5, which shall be accompanied by a fee established by the City Manager. 2. Contents. The application must conform to the requirements of EC 2.1086 and shall include the applicant's affidavit and any filed or executed manufactured dwelling park closure instruments. 3. Posting. Within two days of filing an application with the City, the complete permit application, including attachments shall be posted in a conspicuous place within the manufactured dwelling park to be closed. The posting shall be maintained until the permit is allowed or denied. 4. Applicant's Affidavit. The applicant shall execute an affidavit that attests to the truth of the applicant's required notification to affected tenants and neighborhood groups, maintenance of receipts from affected tenants of receipt of the notice of park closure, and of the City's informational brochure, and that no affected tenants have been evicted, except for good cause, between the date of the notice of park closure and the date of the permit application. In addition, the affidavit shall disclose the place within the City where signed receipts from affected tenants are kept, which shall be maintained for a period of three years. An example of the required affidavit is attached to this Rule as Exhibit 6. 5. ~equired Instruments. The instruments required to be filed with the application include any document then in existence that is required to be filed or Administrative Order - Page 3 executed by the EC or state law as part of the manufactured dwelling park closure process. R-1086-D Tenant Survey Report. The tenant survey report obligation shall be satisfied by filing an affidavit with the City in accordance with R-1086-C-4, above. The affidavit shall attest that the applicant has provided the questionnaire attached to these Rules as Exhibit 7 to each affected tenant with an envelope, postage prepaid, addressed to the City of Eugene. The questionnaire shall direct the tenant to return the completed form directly to the City of Eugene. R-1086-E Tenant Assistance. 1. Tenant Assistance Plan Contract - Contents and Form. Within 10 days of the City's approval of the park closure application, the park owner shall enter into a Tenant Assistance Plan (liT AP") with the City in a form consistent with the TAP contract attached as Exhibit 8 to these Rules. The TAP contract shall require the park owner to comply with applicable provisions of ORS 90.630, OAR Ch 813, Div 8, and these Rules. 2. Relocation Costs. The TAP contract shall obligate the park owner to compensate affected tenants for their losses and relocation costs incurred due to the park closure in accordance with EC 2.1086(7). The flat dollar amount to be paid by the park owner to the affected tenant pursuant to EC 2.1 086(7)(b), at the affected tenant's option, is established at either: 2.1 A payment equal to the real market value of the manufactured home, plus $550 for a single wide manufactured home, $750 for a double wide manufactured home, or $950 for a triple wide manufactured home under EC 2.1 086(7)(b )(1) for costs of moving the affected tenant's personal property, which amount is based on the recommendation of the Housing Policy Board; or 2.2 $550 for a single wide manufactured home, $750 for a double wide manufactured home, or $950 for a triple wide manufactured home under EC 1.1 086(7)(b )2., which amounts are equivalent to the amounts determined by the federal government for relocation compensation for the state of Oregon, as set forth in the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act, as amended, Fixed Residential Moving Cost Schedule. 3. Housing Counselor Contract. The park owner shall contract with a housing counselor, approved by the City, to assist affected tenants with moving and relocation assistance claims, in a form consistent with the contract attached as Exhibit 9 to these Rules. The following factors shall be considered in determining whether a Housing Counselor Contract is sufficient: Administrative Order - Page 4 3.1 The compensation to be paid to the housing counselor must be an amount sufficient to assure that the counselor will use his or her best efforts in the provision of assistance to affected tenants; 3.2 The contract must require the housing counselor to ascertain whether any affected tenants have particular housing needs and to use reasonable efforts to locate housing tailored to fulfill those particular needs; 3.3 The contract must require that the park owner will not discharge the housing counselor merely because of a disagreement between the park owner and counselor with respect to the appropriate relocation compensation, or because of the counselor's stated views or advocacy on behalf of a tenant. 3.4 The contract must allow the counselor sufficient time to perform the required duties in a comprehensive and satisfactory manner, including but not limited to, explaining moving and relocation benefits to affected tenants, acting as a housing referral source by providing affected tenants with a list of alternative manufactured dwelling parks and other available housing, and assisting affected tenants in viewing spaces in manufactured dwelling parks, in understanding rental agreements, and with moving arrangements. 3.5 The contract must state that the City is a third-party beneficiary of the contract and has standing to enforce its terms. 4. Approval of Housing Counselor. In considering whether to approve the housing counselor designated by the applicant, the City shall consider the background and experience of the counselor in the procuring of housing. Any disapproval of a housing counselor shall be by order of the City Manager after notification to the park owner of the intended action and opportunity to present written arguments and information. 5. Withdrawal of Approval of Housing Counselor. The City Manager may withdraw approval of a housing counselor by order upon finding that such counselor has willfully or persistently failed to abide by the terms of his or her contract alienated a substantial number of tenants so as to impair the effectiveness of the counselor's performance or refused to deal with or ignored the needs of any affected tenant. Prior to issuance of a disapproval order, the City Manager shall notify the park owner and housing counselor of the intended action and allow the park owner and the housing counselor to present written arguments and materials relevant to the intended action. R-1086-F Post-Permit Obliaations. Tenant Assistance Plan. information reports in the form attached to these Rules as Exhibit 10 shall be submitted at the end of any month in which an affected tenant has been relocated as a result of a manufactured dwelling park closure. The information Administrative Order - Page 5 report shall disclose the name of any affected tenant provided. assistance and the amount of relocation compensation paid. R-1086-G Hearinas and Dispute Resolution. 1. I n the event of a controversy over whether a park owner has paid, or agreed to pay the appropriate relocation compensation to an affected tenant as required by EC 2.1086(7), the affected tenant may file with the City Manager an application in the form attached to these Rules as Exhibit 11 seeking a final determination by the City Manager. The application shall set forth the amount of relocation compensation offered by the park owner, and the amount the affected tenant believes to be correct. The City Manager shall allow the park owner, the tenant, and the housing counselor the opportunity to submit written arguments, comments, and affidavits on the request. The determination of the City Manager shall be final. 2. Review of Permit Issuance or Revocation. Review of the decision of the City Manager issuing or denying a manufactured dwelling park closure permit, or of a notice of revocation of a manufactured dwelling park closure permit shall be initiated by filing a notice of appeal with the City on a form provided by the City. Such appeal hearing shall be conducted by a hearings official appointed by the City Manager in accordance with the provisions of EC 9.7065 to 9.7095, and 2.1 086(5)(f). See attached to these Rules as Exhibit 12, Notice of Appeal of Manufactured Dwelling Park Closure Permit Decision form. The decision on appeal shall be based on the record made in the appeal hearing. R-1086-H Provisions Not Exclusive. The provisions of these Rules are in addition to, and not in lieu of, any other obligations or duties required to be performed by a park owner under federal, state, or local laws, rules, or regulations. A violation of any of those provisions by a park owner constitutes a violation of these Rules. Dated and effective th~ay of December Administrative Order - Page 6 MANUF ACTURED DWELLING PARK CLOSURES List of Exhibits Exhibit 1: Notice of Manufactured Dwelling Park Closure Exhibit 2: Manufactured Dwelling Park Closure Informational Brochure Exhibit 3: Manufactured Dwelling Park Closure Receipt Form Exhibit 4: Notice to Prospective Tenants / Manufactured Dwelling Park Closure Exhibit 5: Manufactured Dwelling Park Closure Permit Application Exhibit 6: Manufactured Dwelling Park Closure Affidavit c Exhibit 7: Tenant Survey Questionnaire for Proposed Manufactured Dwelling Park Closure Exhibit 8: Tenant Assistance Plan Contract for Planned Manufactured Dwelling Park Closure Exhibit 9: Housing Counselor Contract Exhibit 10: Tenant Assistance Plan Information Report Exhibit 11: Application for Final Determination of Relocation Compensation Exhibit 12: Notice of Appeal of Manufactured Dwelling Park Closure EXHIBIT 1 c NOTICE OF MANUFACTURED DWELLING PARK CLOSURE As required by Section 2.1086 of the Eugene Code, this notice informs you that I /We intend to close the Name of Park Owner (Applicant) manufactured dwelling park known as Name of Park located at Address of Park on , 20_, which is 365 days from the date of this notice. Your rental agreement shall terminate as of the date of park closure. Attached to this notice, for your information is: 1. A Manufactured Dwelling Park Closure Informational Brochure that describes state and local manufactured dwelling park closure processes, tenant rights provided by both local and state law, and what opportunities for involvement are provided. 2. A description of tenant rights voluntarily made available by the developer, if any. For additional information, call Applicant's Name or Representative at or contact the Community Development Division, Phone Number Planning & Development Department, City of Eugene, at 682-5071. Owner/Developer/Applicant Signature Date Exhibit 1: Notice of Manufactured Dwelling Park Closure Page 1 of 1 EXHIBIT 2 c MANUFACTURED DWELLING PARK CLOSURE INFORMATIONAL BROCHURE This document described state and local manufactured dwelling park closure processes, tenant rights provided by local and state law, and the opportunities for involvement that are provided. PART 1 - CITY OF EUGENE PERMIT PROCESS GENERAL INFORMATION The following information is a brief description of the process the City of Eugene follows to evaluate permit applications for manufactured dwelling park closures. For more information concerning this process, refer to Section 2.1086 of the Eugene Code, the Administrative Rules issued by the City Manager, or call the Planning & Development Department, Community Development Division, City of Eugene, at 682-5071. Applicabilitv of Reaulations The City of Eugene regulates the closure of all manufactured dwelling parks within the City by requiring that a park owner obtain a park closure permit from the City before the closure or conversion of a manufactured dwelling park to a different use. Initial Steps Prior to Submittina a Permit Application The applicant (park owner) must deliver to all tenants a Notice of Manufactured Dwelling Park Closure. The notice must also be sent, at the same time, to the City of Eugene Planning & Development Department, Community Development Division, 99 West 10th Avenue, Eugene, Oregon 97401, together with an affidavit that provides a list of tenants who received the Notice of Manufactured Dwelling Park Closure and the dates of delivery of the notice to those tenants. No later than 60 days after sending the Notice of Planned Manufactured Dwelling Park Closure to affected tenants the applicant must apply for a park closure permit. MANUFACTURED DWELLING PARK CLOSURE PERMIT APPLICATION PROCESS 1. The park owner or representative shall file a permit application with the City no later than 60 days after filing the Notice of Manufactured Dwelling Park Closure. 2. Within two days after filing the permit application, the applicant must post a copy of the application, including attachments, in a conspicuous place in or on the manufactured dwellings in the park to be closed and any common buildings or Exhibit 2: Manufactured Dwelling Park Closure Informational Brochure Page 1 of 5 facilities therein. The posting shall be maintained until the permit is approved or denied. 3. Following receipt of a complete permit application, the City shall have 30 days to review the application and issue a report on the applicant's compliance with any conditions for approval. In order to review the application, it must be complete and have all required information and attachments. 4. Following the staff report (#3 above) the applicant shall have seven days to submit any additional information. The applicant must post the staff report in a conspicuous place in the manufactured dwelling park. 5. The City Manager shall make a decision approving (with or without conditions) or denying the application for a closure permit within 14 days following the staff report. The applicant will be notified of the City Manager's decision in writing. The applicant is required to promptly provide written notification to all affected tenants of the City Manager's decision. 6. Within ten days, the decision may be appealed by any affected person or party. The appeal filing must be made on a form available from the City's Planning & Development Department. Appeals on permit decisions are heard by a hearings officer. The Hearings Official, upon receipt of an appeal, will hold a public hearing within 45 days following the appeal and will make a decision on the appeal in writing within 14 days after the close of the public hearing and record. The only issues to be determined on appeal are whether the applicant has met all the requirements of the permit issuance, whether the information submitted by the applicant is correct, or whether the City Manager abused his or her discretion in ruling on the application. Conditions and Information Req~ired for Permit In order to obtain a manufactured dwelling park closure permit, the applicant must satisfy the following conditions or submit the following information: 1. The park owner must provide written notice of park closure to all affected tenants no less than 365 days before the closure date. 2. An affidavit of the park owner must be included with the application stating that: a. The applicant has signed receipts from affected tenants and neighborhood that they have received a Notice of Manufactured Dwelling Park Closure; b. The Applicant will keep all signed receipts on file in this city and subject to inspection for a period of three years; c. The applicant has provided the City Informational Brochure on manufactured dwelling park closure to all the tenants; Exhibit 2: Manufactured Dwelling Park Closure Informational Brochure Page 2 of 5 d. No evictions without cause have occurred between the date of Notice of Manufactured Dwelling Park Closure and the date of the permit application; e. the applicant has provided the tenant survey questionnaire to each tenant; Tenant Assistance 1. Within 10 days of the City's approval of the park closure application, the applicant shall enter into a Tenant Assistance Plan (TAP) with the City; 2. The applicant will provide prescribed relocation compensation; and 3. The applicant shall hire a housing counselor to assist affected tenants with moving and with any relocation assistance. FILING FEE A permit application must be accompanied by a filing fee as established by Order of the City Manager pursuant to Section 2.020 of the Eugene Code. PART 2 - DESCRIPTION OF TENANT PROTECTIONS INTRODUCTION In 1989, the City of Eugene added Section 2.1086 to the Eugene Code regulating the conversion of a manufactured dwelling park to a different use or uses. Those provisions were amended in 2007. The provisions of the Eugene Code are in addition to the provisions regulating the closure of manufactured dwelling parks under state law and provide additional protections and benefits to affected tenants. It is the intent of this publication to give a brief description of the tenant protections provided by the Eugene Code, 1971 and rules adopted there under. For more informationl please refer directly to Section 2.1086 of the Eugene Code, and Administrative Rule R-1086, or call the Planning & Development Department, Community Development Division at 682-5071. PROTECTIONS AVAILABLE TO ALL TENANTS IN A MANUFACTURED DWELLING PARK CLOSURE Disclosure The park owner must provide information to all tenants at the beginning of the park closure process on their rights under City and state law. Briefly, the City requires that the park owner obtain a permit to close a manufactured dwelling park. All tenants in the park shall be notified in writing with information provided during the permit process in the following manner: Exhibit 2: Manufactured Dwelling Park Closure Informational Brochure Page 3 of 5 1. The applicant must send a Notice of Manufactured Dwelling Park Closure to all tenants at the beginning of the park closure process. This notifies tenants that the park owner intends to apply to the City for a park closure permit within 60 days after the Notice of Manufactured Dwelling Park Closure is sent to tenants, and contains the date of closure and termination of tenancy. 2. The applicant must notify tenants in writing of decisions of the City to approve or deny the permit. 3. The park owner must post the permit application, including the required attachments in a conspicuous place within the manufactured dwelling park to be closed. The posting must be malntained until a decision has been rendered. The Riaht to Remain The rent may not be increased, nor may a tenant be evicted without cause after the Notice of Park Closure has been given to tenants. The tenant's right to terminate tenancy remains the same as it was prior to the Notice of Manufactured Dwelling Park Closure. Retaliatory Evictions A park owner may not retaliate against a tenant by evicting the tenant without cause because of any exercise of the tenant's rights. Relocation Benefits If the Manufactured Home can be moved from the park, the resident shall receive, at the resident's option, either: 1. Actual moving costs for a location within 60 miles, using the most direct and economical route (retroactive payment, after moving); or 2. A flat amount (paid in advance of the closing) at the following rate: a. $11,000 for a single wide home b. $17,000 for a double wide home c. $21,000 for a triple wide home These amounts shall be periodically adjusted by the City Manager to reflect changes in the Consumer Price Index. If the Manufactured Home cannot be moved, for whatever reason, the resident shall receive (paid in advance of closing), at the resident's option, either: Exhibit 2: Manufactured Dwelling Park Closure Informational Brochure Page 4 of 5 1. A payment equal to the real market value of the Manufactured Home as determined by the Lane County Assessor plus $550 for a single wide manufactured home, $750 for a double wide manufactured home, or $950 for a triple wide manufactured home for moving costs of personal property as determined by the Federal government for relocation compensation; or 2. A flat amount will be the same as determined by the federal government for relocation compensation. A single wide will be considered equivalent to a two room home] a double wide will be equivalent to a three room home] and a triple wide equivalent to a four room home. In 2007, affected tenants would receive a flat rate of $550 for a single wide manufactured home, $750 for a double wide manufactured home, or $950 for a triple wide manufactured home as determined by the Federal government for relocation compensation. Payment shall, in either case] be paid after deducting a portion of the owner's costs to dispose of the abandoned Manufactured Home. The deduction payment for disposing of a single wide shall be $1,000; double wide, $2,000 and triple wide, $3,000. The City Manager can periodically adjust these amounts to reflect changes in the Consumer Price Index. Covered residents are entitled to some compensation for the losses they will incur from the closing of the park. Residents of parks in industrial or commercial zones or flood plains are entitled to 500/0 of the assistance received by owners in residentially zoned parks because those parks have long been anticipated to close and convert to other uses. INFORMATION TENANTS WILL BE ASKED TO PROVIDE All Tenants The park owner will distribute a Tenant Survey Questionnaire to all tenants of the manufactured dwelling park to be closed that will include an addressed] postage-paid envelope for returning the questionnaire to the City. The return of the questionnaire is necessary in order to provide the City with a record of all tenants in the park so that if a dispute arises, the City will have information provided by the tenant. STATE LAW PROVISIONS ORS 90.630 and OAR Ch 813, Div 8 are attached hereto, and set forth the park owner's responsibilities and tenant's rights upon termination of a rental agreement based on the closure of a manufactured dwelling park. Exhibit 2: Manufactured Dwelling Park Closure Informational Brochure Page 5 of5 EXHIBIT 3 c .."''''~''='''''''''=~~=~"''-==-==''''''''''~''=''''==''''''==-===''''''''="""=""="""''''''-......-..===='''''''",..''''''~--=''=~''.e-..,,''''''''''''=~"''~~=..=_~,~-5''''~,=~>-....=-'''""""=-~==-=-"""'--=~"'.='"..,_"",.,===~..""""'=...""'.=_=-=='''' Manufactured Dwelling Park Closure NOTICE OF MANUFACTURED DWELLING PARK CLOSURE RECEIPT FORM I /We Print Names(s) of Tenant(s) acknowledge that IlWe received the Notice of Manufactured Dwelling Park Closure on Date Received TENANT Signature Printed Name Address (include apartment number) RETURN TO APPLICANT (Owner/Developer) Exhibit 3: Manufactured Dwelling Park Closure Receipt Form Page I of 1 EXHIBIT 4 c NOTICE TO PROSPECTIVE TENANTS I MANUFACTURED DWELLING PARK CLOSURE This notice informs you that the located at Name of manufactured dwelling park Address of park gave a Notice of Manufactured Dwelling Park Closure, required by Section 2.1086 of the Eugene Code, to the existing tenants of this manufactured dwelling park on Date of Notice It is the intention of the park owner to close this park on ,20_. Existing tenants who received the Notice of Manufactured Dwelling Park Closure are eligible to receive certain protections and benefits required by the Eugene Code and state law. Tenants, like yourself, who move into the park after the Notice of Park Closure has been delivered are not eligible to receive tenant assistance benefits. Please acknowledge that you have read and understand this disclosure, by signing below. PROSPECTIVE TENANT Signature Date Printed Name Exhibit 4: Notice to Prospective Tenants Manufactured Dwelling Park Closure Page 1 of 1 EXHIBIT 5 c MANUFACTURED DWELLING PARK CLOSURE PERMIT APPLICATION PROPERTY INFORMATION 1. Attach an accurate legal description of the property included in this permit application. 2. Assessor's map(s) and tax lot(s) numbers of the property: 3. Project name and address: 4. Number of permanent spaces: 5. Number of recreational/other spaces: 6. In what year( s) was the park opened? INFORMATION CONCERNING THIS REQUEST The application shall be accompanied by all of the following: 1. An affidavit of the applicant conforming to the requirements of R-1086-C-4 ; 2. A Tenant Survey Report affidavit, R-1086-D; and 3. Any filed or executed park closure instruments. FILING FEE A permit application must be accompanied by a filing fee as established by Order of the City Manager pursuant to Section 2.020 of the Eugene Code. ACKNOWLEDGEMENT I/We, the undersigned, hereby acknowledge that IlWe have read the above application and its attachments understand the requirements for an application for a manufactured dwelling park closure, and state that the information supplied Exhibit 5: Manufactured Dwelling Park Closure Permit Application Page 10f2 is as complete and detailed as is currently possible, to the best of my/our knowledge. APPLICANT AGENT Signature Signature Printed Name Printed Name Address Address Telephone Number . Telephone Number E-Mail Address E-Mail Address Exhibit 5: Manufactured Dwelling Park Closure Permit Application Page 2 of2 EXHIBIT 6 "=""='L="""""""'~~~"""'","-"" MANUFACTURED DWELLING PARK CLOSURE AFFIDAVIT c STATE OF OREGON ) )~ ) COUNTY OF LANE I, , being duly sworn, depose on oath and say: That I am the owner of dwelling park located at City of Eugene, Oregon, that I intend to close. , a manufactured , within the I have provided all affected tenants of the Manufactured Dwelling Park with a Notice of Manufactured Dwelling Park Closure dated and have signed receipts from each tenant in my possession. No affected tenants have been evicted from the Manufactured Dwelling Park without cause during the 365 days preceding the date of the Notice of Manufactured Dwelling Park Closure, and no evictions without cause have occurred between that date and the date of the application for a manufactured dwelling park closure permit from the City of Eugene. I have provided all tenants of the manufactured dwelling park with a copy of the City of Eugene informational brochure on manufactured dwelling park closure and the tenant survey questionnaire. Dated this _ day of ,20_. Signature of Affiant/Applicant SUBSCRIBED AND SWORN to before me this _ day of ,20_, by Notary Public for Oregon My commission expires on: Exhibit 6: Manufactured Dwelling Park Closure Affidavit Page 1 of 1 EXHIBIT 7 c TENANT SURVEY QUESTIONNAIRE FOR PROPOSED MANUFACTURED DWELLING PARK CLOSURE Return Survey to City of Eugene in Postage-Paid Envelope This survey is provided to the tenants of this Manufactured Dwelling Park Closure project in an attempt by the City to protect the rights provided you by the Eugene Code during the Manufactured Dwelling Park Closure process and to obtain additional information on the effects of closure on tenants. Your responses to the survey will be kept strictly confidential by the City. When you have completed the form, please return it to the City in the attached postage- paid envelope. If you have any questions concerning this survey, please call the Planning & Development Department, Community Development Division, at 682-5071. Tenant Name: Phone: E-Mail: Address: 1. Household composition - please list all household members, including self. Name Age Sex Relationship 2. Is any member of the household disabled or 70 years of age or older? Yes D No D Please check all that apply: Disability D AgeD 3. How long have you lived in your present dwelling? o less than 1 year? o up to 2 years? D up to 3 years? o up to 4 years? o up to 5 years? D more than 5 years? Exhibit 7: Tenant Survey Questionnaire for Proposed Manufactured Dwelling Park Closure Page 10f2 4. When did you receive the Notice of Planned Manufactured Dwelling Park Closure? Date 5. Has the rent for your unit been raised in the last 3 months? Yes 0 NoD If yes, please indicate the prior rental rate $ and the new rental rate $ 6. Why did you originally move into this park? Please indicate the 3 most important reasons, ranking them 1 through 3 (with 1 being most important): o cost o more space o less space o good location o more security o better quality o better neighborhood o recreational facilities o recent change in household income o low maintenance/upkeep D sufficient storage space o other, please specify 7. When you moved in, how long did you plan to live in your present location? o less than 1 year? o up to 2 years? o up to 3 years? o up to 4 years? o up to 5 years? o more than 5 years? 8. Where would you prefer to relocate? o as close as possible? o in same neighborhood? o inside the city of Eugene? o in Lane County, outside of Eugene? o in Oregon, outside Lane County? o outside Oregon? 10. What is your monthly household income from all sources? $ 11. What is your opinion about the closure of your manufactured dwelling park? o Approve o Disapprove o Indifferent Please add any additional comments you may have regarding the manufactured dwelling park closure process. Exhibit 7: Tenant Survey Questionn~e for Proposed Manufactured Dwelling Park Closure Page 2 of2 EXHIBIT a c "",,~=~;',~x.=~'=-""""""'-""""''"'''''''~"'''''''''''''''~''''''''''''''''--=.~~~""'''''=~~''~~,,=,,~--.m.~~~~_~_~~ TENANT ASSISTANCE PLAN CONTRACT FOR PLANNED MANUFACTURED DWELLING PARK CLOSURE This Agreement is made between the City of Eugene (City), this and Park Owner (Applicant) day of ,20_. RECITALS: A. Park Owner holds an ownership interest in real property located at in Eugene, Oregon. Park Owner represents that this ownership interest is sufficient to give Park Owner authority and the capacity to agree to offer the following benefits to affected and/or special category tenants. B. Park Owner desires close the above manufactured dwelling park. Existing state law and City regulations require the provision of benefits to affected tenants as a precondition to City approval of the closure. Both parties desire to memorialize those obligations in this Contract. c. Attached hereto as Exhibit a-A is a list by space number of all affected tenants who resided in the park to be closed on the date the Notice of Manufactured Dwelling Park Closure was given on 20_. Park Owner represents that the information on Exhibit a-A is correct. D. Attached hereto as Exhibit 9 is a copy of a Housing Counselor Contract which Park Owner has entered into with . The identity of the Housing Counselor and provisions of the contract have been approved by the City. Based on the above recitals, Park Owner and City agree that: 1. MOVING EXPENSES. If the Manufactured Home can be moved from the park, the resident shall receive, at the resident's option, either: 1. Actual moving costs for a location within 60 miles, using the most direct and economical route (retroactive paymentl after moving); or 2. A flat amount (paid in advance of the closing) at the following rate: a. $11,000 for a single wide home Exhibit 8: Tenant Assistance Plan Contract Manufactured Dwelling Park Closure Page 10f6 b. $17,000 for a double wide home c. $21,000 for a triple wide home These amounts shall be periodically adjusted by the City Manager to reflect changes in the Consumer Price Index. If the Manufactured Home cannot be moved, for whatever reason, the resident shall receive (paid in advance of closing), at the resident's option, either: 1. A payment equal to the real market value, of the Manufactured Home, as determined by the assessor plus a flat amount for moving costs of personal property as determined by the Federal government for relocation compensation; or 2. A flat amount will be the same as determined by the federal government for relocation compensation. A single wide will be considered equivalent to a two room home, a double wide will be equivalent to a three room home, and a triple wide equivalent to a four room home. In 2007, affected tenants would receive a flat rate of $550 for a single wide manufactured home, $750 for a double wide manufactured home, or $950 for a triple wide manufactured home as determined by the Federal government for relocation compensation. Payment shall, in either case, be paid after deducting a portion of the owner's costs to dispose of the abandoned Manufactured Home. The deduction payment for disposing of a single wide shall be $1,000; double wide, $2,000 and triple wide, $3,000. The City Manager can periodically adjust these amounts to reflect changes in the Consumer Price Index. Covered residents are entitled to some compensation for the losses they will incur from the closing of the park. Residents of parks in industrial or commercial zones or flood plains are entitled to 50% of the assistance received by owners in residentially zoned parks because those parks have long been anticipated to close and convert to other uses. 2. HOUSING COUNSELOR. The City may withdraw approval of the housing counselor who is a party to the Housing Counselor Contract. Such withdrawal of approval may occur after notice an(j opportunity to be heard if the City finds that the counselor has willfully or persistently failed to abide by the terms of his or her contract, alienated a substantial number of tenants so as to impair the effectiveness of the counselor's performance, or, has refused to deal with or ignored the needs of any affected tenant. Park Owner agrees to contract on the same terms with another housing counselor within a reasonable period of time after City withdrawal of approval of the initial housing counselor. The replacement housing counselor shall be subject to City approval. Exhibit 8: Tenant Assistance Plan Contract Manufactured Dwelling Park Closure Page 2 of6 3. LIMITATION ON RENT INCREASES AND EVICTION REMEDIES. Park Owner represents that no affected tenant has been evicted from the manufactured dwelling park during the one year preceding the filing of the Notice of Manufactured Dwelling Park Closure, and Park Owner agrees not to evict any tenant, except for good cause (as defined in Section 2.1600 of the Eugene Code) prior to the issuance of the Manufactured Dwelling Park Closure permit by the City. Park Owner further agrees not to raise the rent for any space after the date of the Notice of Manufactured Dwelling Park Closure. 4. OPERATION OF CONTRACT. This Contract shall operate for the benefit of those tenants listed on Exhibit 8-A and shall be enforceable at the instigation of any such listed tenant as a third-party beneficiary. It is expressly understood that the City assumes no liability for the Park Owner's closure project or the Park Owner's actions or failure to act in any attempt to comply with local or state legal requirements applicable to manufactured dwelling park closures. 5. ATTORNEY FEES. If either party fails in any way to perform the requirements of this agreement, the other party, or any third-party beneficiary, shall be entitled to reasonable attorney fees and costs incurred in order to enforce this agreement, whether or not legal proceedings are commenced in order to enforce this agreement. In the event legal proceedings are commenced in order to enforce this agreement, the prevailing party in the proceedings shall be entitled to recover its reasonable attorney fees, costs and disbursements incurred in the proceedings, both at trial or hearing and on appeal. 6. MODIFICATIONS. This Contract may be modified only by a written document signed by both parties. Both parties agree that the lists of affected tenants (Exhibits 8-A) shall be modified without additional consideration should new or additional facts warrant inclusion of any person not presently listed. 7. WAIVER OF TENANT RIGHTS. Park Owner may satisfy the obligations imposed by this Contract for any particular tenant by execution of a written waiver of rights by that tenant if such waiver is entered into in good faith and not for the purpose of evading the obligations of Park Owner, the terms and conditions of the waiver are clearly and fairly disclosed, and adequate consideration for the agreement is clearly stated. In particular, the obligations imposed above for the provision of alternative housing and payment of moving and set up expenses to particular tenants may be modified consistent with applicable provisions of ORS 90.630 and OAR Ch 813, Div 8, and City Administrative Rule R-1086. Exhibit 8: Tenant Assistance Plan Contract Manufactured Dwelling Park Closure Page 3 of6 8. SEVERABILITY. If any provision of this Contract or the application thereof to any person or circumstance is held invalid, the invalidity does not affect the other provisions or applications of this Contract which can be given effect without the invalid provisions or applications, and to this end the provisions of this Contract are severable. 9. LIBERAL CONSTRUCTION. Every duty imposed by this Contract imposes an obligation of good faith in its performance. This Contract shall be liberally construed and applied to promote the purposes and policies of Sections 2.1060 to 2.1086 of the Eugene Code. 1 o. TERMINATION. This Contract shall terminate upon complete performance of the duties imposed herein or the withdrawal of Park Owner's application for a manufactured dwelling park closure permit or execution of a written termination by both parties. 11. CONTRACTUAL AUTHORITY. Each of the signatories to this Contract have read this Contract in full and represent that he or she has or has obtained the necessary authority to enter into this Contract on behalf of his or her principal. Dated this _ day of ,20_. CITY OF EUGENE PARK OWNER/APPLICANT By Angel L. Jones City Manager Pro Tern By Name Exhibit 8: Tenant Assistance Plan Contract ~1anufactured Dwelling Park Closure Page 4 of6 CITY OF EUGENE ~ MANUFACTURED DWELLING PARK CLOSURE TENANT ASSISTANCE PLAN RECEIPT FORM IlWe acknowledge that Print Name(s) of Tenant(s) IlWe received the Tenant Assistance Plan on Date Received TENANT Signature Printed Name Address (include apartment number) RETURN TO APPLICANT (Owner/Developer) Exhibit 8: Tenant Assistance Plan Contract Manufactured Dwelling Park Closure Page 5 of6 EXHIBIT 8-A c MANUFACTURED DWELLING PARK CLOSURE LIST OF TENANTS BY UNIT NUMBER Unit # Tenant Name Exhibit 8: Tenant Assistance Plan Contract Manufactured Dwelling Park Closure Page 6 of6 EXHIBIT 9 c ~""'~''''~-'''-''''-~'';'''''''''''''''<>~''''''-'''''''''''~~-''''''"'''''''''-~=''~'''_~'~''''''""'''''''''''-''''&.'~-='''~'''''''''''''-''C''''''''''='''''''''-=''~=~-''~'=='-"''<W''''.''''',=."""==~-.""--""",,,,,,~~.....""~_=--.",...-"""""""""""<""""",,,,,,,,,,,,~",,,,,,,,,,,,,,,,,~~,,,.,_~,,,,,,~,,,,,,,,,,,,,,,,,,,,,,.;.,~~",=-~.~""~~.",,. HOUSING COUNSELOR CONTRACT This Agreement is made between and Owner! Developer (Applicant) Housing Counselor Owner/Developer (Applicant) holds an ownership interest in property located at in Eugene, Oregon. Street Address Applicant is applying to the City of Eugene for a permit to close a Manufactured Dwelling Park. As part of the conditions for the granting of this permit, Applicant is obligated to offer relocation assistance to all affected tenants. The purpose of the employment by Applicant of Housing Counselor is so that Housing Counselor will harmonize Applicant's relationship with affected tenants of the Applicant and minimize to the extent feasible any displacement hardship occasioned by the park closure for those tenants. Applicant and Housing Counselor agree that: 1. DUTIES OF HOUSING COUNSELOR. Housing Counselor agrees to explain moving and relocation benefits to affected tenants; act as a housing referral resource by providing affected tenants with a list of alternative manufactured dwelling parks and other available housing; provide assistance in locating and securing alternative housing; assist affected tenants in viewing spaces in parks or alternative housing; assist affected tenants in understanding rental agreements; assist affected tenants with arrangement for moving. 2. DUTIES OF APPLICANT. Applicant agrees to supply any needed information to Housing Counselor necessary for the fulfillment of Housing Counselor's duties and to reasonably cooperate with Housing Counselor in offering relocation compensation and alternative housing options. Applicant agrees not to discharge Housing Counselor or otherwise terminate this Agreement because of Housing Counselor's stated views or advocacy on behalf of a tenantl because of a disagreement between Housing Counselor and Appl icant on the status of offered relocation compensation and alternative housing options. Applicant shall use best efforts to cooperate with Housing Counselor in the performance of the duties of Housing Counselor stated herein. Exhibit 9: Housing COlUlselor Contract Manufactured Dwelling Park Closure Page lof2 3. COMPENSATION. Applicant agrees to pay Housing Counselor the sum of $ (INSERT PROVISIONS ON COMPENSATION) for the performance of Housing Counselor's duties under this Agreement. 4. TERMINATION. This Agreement shall terminate upon the occurrence of any of the following: a. complete relocation of all affected tenants; b. relocation of some but not all affected tenants or waiver of relocation benefits by the remaining affected tenants; or c. withdrawal of approval of Housing Counselor by the City of Eugene pursuant to Section 2.1 070(g)4 of the Eugene Code, and Administrative Rule R-1078-D-4. d. [Insert defaulUtermination provisions.] 5. OPERATION OF CONTRACT. This Agreement shall operate for the benefit of the City of Eugene and shall be enforceable at the instigation of the City of Eugene as a third-party beneficiary. 6. ATTORNEY FEES. Should any action be brought on this Agreement by either party or the City of Eugene, the losing party agrees to pay the prevailing party's attorney fees and costs to be fixed by the trial court, and any appellate attorney fees and costs to be fixed by the appellate court. 7. ADDITIONAL PROVISIONS. [INSERT ADDITIONAL PROVISIONS] (Attorney Fees, Severability! Modification, Delegation, Additional Duties clauses, etc.) day of ,20 DATED this APPLICANT HOUSING COUNSELOR Signature Signature Printed Name Printed Name Exhibit 9: Housing Counselor Contract Manufactured Dwelling Park Closure Page 2 of2 Q ... (,.) CI) 'CS ... c.. CI) .c:: ... t E 0 0 a. Q) ... a::: "- "C rn CI) ..c ... ..... eu '+- (,.) 0 0 Q) ..... - co CI) Cl 0:= ... 0 Z CI) > I- eu 0:= ::I: 0 0 .c:: c.. 3: w 0:= t/) ... Z s::: 0 eu - s::: I- CI) <C I- :i: "'0 0:= CI) ... 0 (,.) u. ~ Z "- <C z s::: <C 0 ...J ~ c.. 0 w C- O CI) Z 0:= <C t/) l- t/) en CI) ... - C') en en 0 ... Q) 0 <C Q. E ~ I- CO I- Z Z (D <C t5 ::c Z Q) .0 >< W "- w f- a.. - "C"C ~~ 0.0 a) a) 0.--. o a) <Cct: C\I =I:t: "C Q) CI) > "C +:i ... CO a) ... '- ~ c '- "- a) a) +-' - CI) Q) ctI a) ..... Oct: 0:= <t: ~ s::: .- t/) V) ::s V) a) 0 '- "C ::I: "C <C ... 0 t/) ~ - ... "C"C eu ~~ c.. 0.0 a) a) 0.--. CI) Oa) > <Cct: ;; ~ eu ~ s::: Q) ... > "C CI) +:i CO a) ... '- - c '- <C "- a)a) ......- Q) ctI a) ..... Oct: <t: V) V) ~ "C "C <( V) V) a) '- "C "C <( - Vi' "-" a) E ctI z V) +-- c: ctI c: a) I- tl o OJ) ro 0.. +-' I-< o 0. o ~ .~ ~ S I-< <8 ~ 0 ~ ~ .- 0 0..- oU u~ ~ ~ t:io.. . en OJ) ~~ +-'V ~ ~ 5C\ f--;"'d (!) oB ,...... u :;:: ~ ..0 ;:j .- ~ ~~ EXHIBIT 11 ~ REQUEST FOR DETERMINATION OF RELOCATION COMPENSA TION GENERAL INFORMATION The following information provides a brief description of the process by which a tenant or Owner/Developer (Applicant) may seek review of the decision of the Housing Counselor regarding relocation compensation. For more information, please refer to Section 2.1086(7) of the Eugene Code and to Administrative Rule R-1086-G. 1. In the event that a dispute arises between the tenant and the Applicant over the relocation compensation which cannot be mediated by the Housing Counselor, either the Applicant or tenant may file a Request for Determination of relocation compensation with the City of Eugene. 2. The City Manager shall allow the park owner, the tenant, and the housing counselor the opportunity to submit written arguments, comments and affidavits on the request. The determination of the City Manager shall be final. REQUIRED INFORMATION The following information or material must be submitted with a Request for Determination of Relocation Compensation: 1. Name of manufactured dwelling park to be closed: 2. Date of filing request for determination: 3. Name, address, and telephone number of affected tenant or Applicant with whom the dispute is with: 4. Please attach a copy of the written determination of the Housing Counselor on the status relocation compensation. Exhibit 11: Request for Determination of Comparable Housing Page 1 of 1 EXHIBIT 12 . NOTICE OF APPEAL MANUFACTURED DWELLING PARK CLOSURE PERMIT DECISION OF CITY MANAGER GENERAL INFORMATION The following information provides a brief description of the process by which permit appeals are reviewed by the City of Eugene. For more detailed information, please refer to Eugene Code Sections 9.7065 to 9.7095 and 2.1086(5)(f) of the Eugene Code, and Administrative Rule R-1086-G-2. 1. The decision of the City Manager unconditionally approving, approving with conditions, or denying a Manufactured Dwelling Park Closure Permit may be appealed by any affected person. An "affected person" means the Owner/Developer (Applicant) or any person or entity adversely affected by the decision. 2. A permit appeal must be submitted within ten calendar days of the date of the City Manager's decision. If the tenth day falls on a Saturday or on a Sunday, the appeal may be submitted on the following Monday. (See Section 1.010 of the Eugene Code.) 3. The Hearings Official shall conduct a hearing within 45 days of the Notice of Appeal on the permit approval or disapproval action of the City Manager. The appellant, Applicant, and any person who has indicated interest shall be notified in writing of the date/time of the Hearings Official hearing on an appeal. 4. The decision of the Hearings Official on the appeal shall be given in writing not later than 15 days after the close of the hearing and record. Such decision shall be final. Any permit decision of the City Manager shall be an intermediate and non-final order for purposes of judicial review under ORS 34.010 et. seq. REQUIRED INFORMATION The following information or material must be submitted with an appeal of a permit approval or denial by the City Manager: 1. Name of manufactured dwelling park closure being appealed: 2. Date of decision by City Manager: Exhibit 12: Notice of Appeal Manufactured Dwelling Park Closure Permit Decision by City Manager Page lof2 3. Date of filing of appeal: 4. Please attach a written statement setting forth, in detail, how the Applicant has not satisfied the conditions and obligations of the permit approval, or why the information submitted by the Applicant is not true and correct, or why the City Manager's decision was an abuse of discretion. ACKNOWLEDGEMENT I /We , the undersigned, do hereby acknowledge that IlWe have read the above appeal form and its attachments and understand the requirements for filing an appeal of permit approval or denial by the City Manager, and state that the information supplied is as complete and detailed as is currently possible, to the best of my/our knowledge. APPELLANT APPELLANT Signature Signature Printed Name Printed Name Address Address Telephone Number Telephone Number Exhibit 12: Notice of Appeal Manufactured Dwelling Park Closure Permit Decision by City Manager Page 2 of2