HomeMy WebLinkAboutOrdinance No. 20387
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COUNCIL ORDINANCE NUMBER 20387
COUNCIL BILL NUMBER 4948
AN ORDINANCE CONCERNING MANUFACTURED
DWELLING PARK CLOSURES; AND AMENDING SECTIONS
2.1060 AND 2.1086 OF THE EUGENE CODE, 1971.
ADOPTED: JULY 9, 2007
PASSED: 7:0
REJECTED:
OPPOSED:
ABSENT: George Poling
EFFECTIVE: August.-lL, 2007
ORDINANCE NO. 20387
AN ORDINANCE CONCERNING MANUFACTURED
DWELLING PARK CLOSURES; AND AMENDING
SECTIONS 2.1060 AND 2.1086 OF THE EUGENE CODE,
1971.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. The caption and first sentence of Section 2.1060 of the Eugene
Code, 1971, and the caption preceding it are amended; the definitions contained therein
of "Affected tenant," "Disabled person," "Elderly person," "Hearings officer," "Low
income person," "Moving expenses," "Permit," and "Rental agreement" are amended;
and the definitions of "Alternative housing," "Conversion (manufactured dwelling park),"
"Manufactured dwelling," "Manufactured dwelling park," "Manufactured dwelling park
owner or park owner," and "Tenant (manufactured dwelling park)" are deleted
therefrom, to provide as follows:
Condominium Conversion
2.1060 Condominium Conversion - Definitions. I n sections 2.1060 to 2.1084 of
this code, the following words and phrases mean:
Affected tenant. Any tenant who resides in a building to be converted at the
time of notice of planned conversion.
Disabled person. A person who has, at the time of issuance of a
condominium conversion permit, a mental, emotional or physical disability or
illness of more than a temporary duration that:
(a) Substantially impairs his or her ability to move about to find or maintain
a housing unit without the use of external aids (e.g., wheelchair, cane,
walker, guide dog) or without another person's assistance, or without
pain; or
(b) Involves the loss of sight or hearing ability, prevents normal walking or
climbing of stairs, or requires a special life support system; or
(c) Affects his or her ability to make decisions or manage his or her own
financial affairs without assistance.
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A disability must prevent or make it difficult for the person to carry out regular
activities of daily living (e.g., housework, shopping, laundry, meal
preparation, personal care such as bathing and dressing). Evidence that
would determine the status of disability would include a doctor's certificate, a
statement from a health care specialist attesting to the above criteria, a
governmental determination of disability, or a worker's compensation
determination of greater than 50 percent disability.
Elderly person. A person who is 70 years of age or over at the time of the
notice of planned conversion.
Hearings officer. A person appointed by the city manager to decide
contested issues arising under sections 2.1060 to 2.1084 of this code.
Low income person. A person who, at the time of notice of planned
conversion, has a current income equal to or less than 800/0 of the median
income on a yearly basis determined for Lane County by the Department of
Housing and Urban Development or its successor.
Moving expenses. A fixed sum of money based on the number of rooms of
furniture that is intended to cover the cost of moving the tenant's
possessions to another location within the urban growth boundary exclusive
of expenses attributable to packing and unpacking. For elderly or disabled
tenants moving expenses include an additional fixed sum of money intended
to cover the costs of packing and unpacking. The amount of moving
expenses shall be set by administrative rules issued hereunder.
Permit. A condominium conversion permit issued by the city manager under
section 2.1066 of this code.
Rental agreement. All written or oral agreements.
Section 2. A caption is hereby added, and Section 2.1086 of the Eugene Code,
1971, is amended to provide:
MANUFACTURED DWELLING PARK CLOSURES
2.1086 Manufactured Dwellina Park Closures.
(1) Definitions. As used in this section 2.1086, the following words and
phrases mean:
Affected tenant. A person who owns and occupies a manufactured
dwelling in a manufactured dwelling park and is entitled under a rental
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agreement to occupy, to the exclusion of others, a manufactured
dwelling space in a manufactured dwelling park at the time notice of
park closure is given. A person who rents, but does not own the
manufactured dwelling located in a manufactured dwelling park is not
an "affected tenant" for purposes of this section.
Alternative housing. A manufactured dwelling or other housing which
is reasonably similar to the manufactured dwelling owned and occupied
by the affected tenant, or a manufactured dwelling space which is
reasonably similar to the space then occupied by the affected tenant in
terms of location, price, proximity to services, general amenities, and
any other factors identified in administrative rules issued hereunder.
Housing, or a manufactured dwelling space, is not reasonably similar if
it is located in a manufactured dwelling park for which a notice of park
closure has been given or for which reasonable evidence exists that the
owner is contemplating conversion to other uses.
City manager. The city manager or the manager's designee.
Conversion. The termination of a rental agreement for a manufactured
dwelling and/or manufactured dwelling space by the manufactured
dwelling park owner for the purpose of ending manufactured dwelling
residential uses of the park and either beginning different land uses or
selling the property, which conversion is not required by the exercise of
eminent domain or by order of state or local agencies; or, the obtaining
of a building permit for a structure located on a site previously used as
a manufactured dwelling park within the past two years.
Hearings officer. A person appointed by the city manager to decide
contested issues arising under this section 2.1086.
Manufactured dwelling. Includes: a manufactured home constructed
for movement on the public highways that has sleeping, cooking and
plumbing facilities, that is intended for human occupancy, that is being
used for residential purposes and was constructed in accordance with
federal manufactured housing construction and safety standards and
regulations in effect at the time of construction; a residential trailer, a
structure constructed for movement on the public highways that has
sleeping, cooking and plumbing facilities, that is intended for human
occupancy, that is being used for residential purposes and was
constructed before January 1, 1962; a mobile home meeting the above
requirements that was constructed between January 1, 1962 and June
15, 1976 and met the construction requirements of Oregon mobile
home law in effect at the time of construction, and a manufactured
home meeting the above requirements. A "manufactured dwelling"
does not mean any building or structure constructed to conform to the
State of Oregon Structural Specialty Code or the One and Two Family
Dwelling Code adopted pursuant to ORS 455.100 to 455.450 and
455.610 to 455.630 or any unit identified as a recreational vehicle by
the manufacturer.
Manufactured dwelling park. Any place where 4 or more
manufactured dwellings or manufactured homes are located within 500
feet of one another on a lot, tract or parcel of land under the same
ownership, the primary purpose of which is to rent or lease space or
keep space for rent or lease to any person for a charge or fee paid or to
be paid for the rental or lease or use of facilities or to offer space free in
connection with securing the trade or patronage of such person.
"Manufactured dwelling park" does not include a lot or lots located
within a subdivision being rented or leased for occupancy by no more
than 1 manufactured dwelling per lot if the subdivision was approved by
the city, but does include a "manufactured home park."
Manufactured dwelling park closure. The termination of rental
agreements by the park owner so that the park owner can either close
the park or convert the park to a different use.
Manufactured dwelling park owner or park owner. The owner,
lessor, sub-lessor or manager of a manufactured dwelling park.
Moving/relocation expenses. A sum of money as established in
subsection (8) of this section and administrative rules issued hereunder
that is intended to compensate affected tenants for losses incurred as a
result of a manufactured dwelling park conversion or closure.
Permit. A manufactured dwelling park closure permit issued by the city
manager under this section 2.1086.
Rental agreement. All written or oral agreements, and valid rules and
regulations adopted under ORS 90.262 embodying the terms and
conditions concerning the use and occupancy of a manufactured
dwelling or manufactured dwelling space.
(2) Intent. It is the intent of these provisions to mitigate the adverse effects
of displacement on affected tenants of manufactured dwelling parks
that will close or convert to a different use.
(3) Scope of Requlations. This section 2.1086 shall be applicable to
manufactured dwelling park closures and conversions.
(4) Limitations. Notwithstanding any other provision of law, no person may
close or convert, nor shall the city permit the closure or conversion of,
any manufactured dwelling park to a different use unless a
manufactured dwelling park closure permit has been obtained and a fee
paid in the amount set by the city manager under section 2.020 of this
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code.
(5) Closure Permit Process.
(a) Notice of Park Closure.
1. The park owner shall provide a written notice of park closure
to affected tenants of the manufactured dwelling park prior to
any closure or conversion of the manufactured dwelling park.
The notice shall be given not less than 365 days before the
closure date designated in the notice. The notice shall
contain the date of park closure, date of termination of
tenancy, information on tenant rights and benefits and park
owner duties under state and local law, and any other
information required by state law, this code, or administrative
rules issued hereunder.
2. After the notice of park closure has been given to affected
tenants, all prospective tenants of the manufactured dwelling
park shall be given written notice of the park closure prior to
entering into a rental agreement. The notice shall disclose
the estimated date of park closure and that relocation
benefits will not be available for such prospective tenants
under this code.
3. The written notice of park closure shall be delivered to the
city in the manner prescribed by administrative rule at the
same time the notice is provided to affected tenants.
(b) Application. No later than 60 days after the filing of notice of
closure, the park owner, or the park owner's agent (the "applicant")
shall apply for a park closure permit on a form prescribed by the
city manager. The application shall include all information and
documents required by administrative rule issued hereunder and
shall include an application fee in an amount set by the city
manager. The applicant shall promptly post a copy of the entire
application in a conspicuous place within the manufactured dwelling
park.
(c) Staff review. Within 30 days from the receipt of a completed
application the city shall issue a staff report on the applicant's
compliance with conditions for approval of the permit. The staff
report shall be sent to the applicant who shall have 7 days after
receipt to submit additional information or material. The applicant
shall promptly post a copy of the staff report in a conspicuous place
within the manufactured dwelling park.
(d) Permit approval. Within 14 days after the issuance of the staff
report the city manager shall approve or deny the permit. Within
five days of the decision the city shall notify the applicant in writing
of the decision. The applicant shall promptly notify each affected
tenant in writing of the decision of the city manager on the permit
application. In addition, the city manager shall mail, by first class
mail, a notice of the decision and of the opportunity to appeal to
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owners and occupants of property located within 100 feet of the
property on which the subject manufactured dwelling park is
located and to persons who have requested notification. The city
manager shall issue a manufactured dwelling park closure permit if
the manager finds that the park owner has completed or is
contractually obligated to the city to complete the obligations
imposed by this section 2.1086. No permit shall be transferred or
sold unless such transfer or sale is first approved by the city
manager. Unless appealed, the city manager's decision is effective
on the eleventh day after notice of the decision is mailed.
(e) Appeal of permit decision.
1. Within ten days of the date that notice of the permit decision is
mailed by the city manager, it may be appealed to the hearings
official by the owner, applicant, a party, an affected tenant, or a
person entitled to notice from the city under subsection (5)(c) of
this section. Such appeal shall be instituted by filing a notice of
appeal on a form to be provided by the city.
2. Within 45 days of the notice of appeal, the hearings officer shall
conduct a public evidentiary hearing on the permit approval or
disapproval action of the city manager. The hearing notice and
procedures shall conform with the requirements for quasi-
judicial hearings provided in sections 9.7065 to 9.7095 of this
code. At least 20 days prior to the hearing, the city shall mail
notice thereof to the applicant, appellant, persons who
requested notice of the city manager's decision, and to persons
entitled to notice from the city under subsection (5)(c) of this
section.
3. Such appeal shall be limited to the issues of whether the
applicant has satisfied the conditions and obligations of the
permit approval, whether approval or denial of the permit was
an abuse of discretion by the city manager, and whether the
information supplied by the applicant in connection with the
application is true and correct.
(f) Revocation of closure permit. A permit may be revoked after
notice and a contested case hearing before a hearings officer
upon a written finding of fact that the park owner has:
1. Failed to comply with the terms of a cease and desist
order;
2. Been convicted in any court subsequent to the filing of the
permit application for a crime involving fraud, deception,
false pretenses, misrepresentation, false advertising, or
dishonest dealing in real estate transactions;
3. Disposed of, concealed, or diverted any funds or assets of
any person so as to defeat the rights of affected tenants;
4. Intentionally or repeatedly failed to perform any stipulation
or agreement made with the city as an inducement to
grant or reinstate any permit;
5. Made intentional misrepresentations or concealed
material facts in an application for a permit; or,
6. Intentionally or repeatedly violated any provision of this
section 2.1086.
Findings of fact shall be accompanied by a concise and explicit
statement of the underlying facts supporting the findings. A
determination of a hearings officer on a revocation of a permit
shall be final.
(6) Provision of Housinq Information. After notice of park closure to
affected tenants, a park owner shall create, maintain, and make
available to all affected tenants a current survey showing the total
number of manufactured dwelling spaces, the number of vacant
manufactured dwelling spaces, rent schedules, and available
manufactured dwellings for sale in manufactured dwelling parks located
within the urban growth boundary shown on the Metropolitan Area
General Plan. The park owner shall update this information at least
every four months, or at such intervals as required in administrative
rules issued hereunder. The survey shall contain such information as
required by the administrative rules issued hereunder.
(7) Relocation Costs. After the notice of park closure is given, a park
owner shall compensate affected tenants for their losses and relocation
costs incurred due to the park closure as follows:
(a) If the manufactured home can be moved from the park, the park
owner shall pay the affected tenant, at the affected tenant's
option, and subject to subsection (c), either:
1. The affected tenant's actual costs incurred for moving the
manufactured home to a location within 60 miles from its
present location, using the most direct and economical route.
Payment will be made within 10 days of receipt by the park
owner of a statement reflecting the amount of the costs
incurred; or
2. A flat dollar amount, to be paid prior to the park closure and
removal of the manufactured home from the park of:
a. $11,000 for a single wide home;
b. $17,000 for a double wide home; and
c. $21,000 for a triple wide home.
The amounts established in this subsection shall be
periodically adjusted by administrative order of the city
manager to reflect changes in the Consumer Price Index.
(b) If for any reason the manufactured home cannot be moved, prior to
the park's closure the park owner shall pay to the affected tenant,
at the affected tenant's option, and subject to subsection (c) either:
1. A payment equal to the real market value of the manufactured
home as determined by the Lane County Assessor, plus a flat
dollar amount to be established by administrative order of the
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city manager, based on the recommendation of the Housing
Policy Board, for the costs of moving the affected tenant's
personal property; or
2. A flat dollar amount to be established by administrative order of
the city manager, that is equivalent to the amount determined
by the federal government for relocation compensation, with a
single wide manufactured home considered the equivalent of a
two room home; a double wide manufactured home equivalent
to a three room home; and a triple wide manufactured home
equivalent to a four room home.
3. From the amounts determined due under either 1. or 2. above,
the park owner shall first deduct a portion of the park owner's
costs incurred in disposing of the abandoned manufactured
home consisting of $1 ,000 for disposing of a single wide
manufactured home, $2,000 for disposing of a double wide
manufactured home, and $3,000 for disposing of a triple wide
manufactured home. The disposal allowances provided herein
may be periodically adjusted by administrative order of the city
manager to reflect changes in the Consumer Price Index.
(c) The net amount to be paid by the park owner to an affected tenant
under subparagraphs (a) or (b) of this section may be subject to an
adjustment if:
1. There is a state subsidy payment available to an affected
tenant at the time notice of park closure is given, the amount of
the subsidy shall be deducted from the amount determined due
the affected tenant under subparagraphs (a) and (b) of this
section in arriving at the net amount due.
2. The manufactured dwelling park for which the notice of closure
is given is located in an industrial or commercial zone or flood
plain, the amount determined due shall be reduced by 500/0.
(8) Housinq Counselor. The park owner shall hire a person or entity as a
housing counselor for affected tenants who shall assist affected tenants
with moving and relocation assistance claims. In addition to any other
duties that may be assigned, the housing counselor shall:
(a) Explain moving and relocation benefits to affected tenants.
(b) Act as a housing referral resource by providing affected tenants
with a list of alternative manufactured dwelling parks and other
available housing.
(c) Provide assistance in locating and securing alternative housing.
(d) Assist affected tenants in viewing spaces in parks or alternative
housing.
(e) Assist affected tenants in understanding rental agreements.
(f) Assist affected tenants with arrangements for moving. After notice
of park closure is given, no affected tenant shall be evicted for a
reason not specified in ORS 90.630 from the manufactured
dwelling park or required to pay more rent than the rent charged
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for a comparable manufactured dwelling or space in the
manufactured dwelling park.
(9) Retaliation Prohibited. If an owner has as his or her dominant purpose
retaliation against an affected tenant because of the exercise by the
affected tenant of rights under this section 2.1086, because the tenant
has expressed an opinion on any matter relating thereto, and the tenant
is not in default in payment of his or her rent or otherwise in breach of
the rental agreement, the owner may not recover possession of the
manufactured dwelling park space in any action or proceeding, cause
the tenant to quit involuntarily, or increase the rent or decrease any
services to that tenant.
(10) Enforcement. If it appears that a person has engaged in or is about to
engage in an act or practice constituting a violation of any provision of
this section 2.1086, or rule, regulation or order thereunder, or failed to
faithfully perform any stipulation of agreement made with the city as an
inducement to grant or reinstate any permit, the city, with or without any
prior administrative proceedings, may bring an action in the Circuit
Court for Lane County to enjoin the acts or practices and to enforce
compliance with this section 2.1086 or any rule, regulation, order, or
contract thereunder. Any person who converts a manufactured
dwelling park without a permit shall be guilty of a violation. Any person
who willfully makes an untrue or misleading statement of material fact
or willfully omits to provide required data on any document prepared
pursuant to this section of the code shall be guilty of a violation. The
penalty for any such violation shall be as provided in section 2.1990(5)
of this code.
(11) Rulemakinq Authoritv. The city manager is authorized to promulgate
any rules necessary for the implementation of this section of the code.
These rules shall be adopted in the manner provided for in section
2.019 of this code.
Section 3. The City Recorder, at the request of, or with the concurrence of the
City Attorney, is authorized to administratively correct any reference errors contained
herein or in other provisions of the Eugene Code, 1971, to the provisions added,
amended or repealed herein.
Passed by the City Council this
9th day of July 20 7
:t^-u~
Approved by the Mayor this
~ day of July, 2007
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