Chapter 14.20
MOBILE HOME PARK CLOSURE
Sections:
14.20.010 Purpose.
14.20.020 Scope.
14.20.030 Enforcement – Inspection.
14.20.040 Exceptions.
14.20.050 Penalties.
14.20.060 Liability.
14.20.070 Eviction notices for change of use or closure of a mobile home park.
14.20.080 Relocation report and plan.
14.20.090 Certificate of completion of the relocation report and plan.
14.20.100 Notice of provisions.
14.20.110 Administration.
14.20.120 Appeal.
14.20.130 Closure and government sponsorship.
14.20.010 Purpose.
The purpose of this chapter is to provide rules, regulations, requirements, and standards for the closure or change of use of mobile home parks in the city, insuring that the public health, safety, and general welfare of the city shall be promoted and protected; that orderly growth, development, and proper use of land shall be insured; and that conformance with provisions set forth in the city comprehensive plan are followed. (Ord. 5746 § 1, 2003.)
14.20.020 Scope.
This chapter applies to the closure or change in use of mobile home parks. This chapter shall apply to all lands within the corporate boundaries of the city. Where this chapter imposes greater restrictions or higher standards upon the development of land than other laws, ordinances, codes or restrictive covenants, the provisions of this chapter shall prevail. (Ord. 5746 § 1, 2003.)
14.20.030 Enforcement – Inspection.
Regarding the closure of mobile home parks, it shall be the duty of the planning director to enforce the applicable provisions of this chapter. The planning director and/or his/her designee may inspect any mobile home park in order to verify compliance with this chapter. Failure to make such inspection shall not constitute a waiver of any of the provisions of this chapter. For inspection purposes, the planning director and/or his/her duly authorized representative shall have the right and is hereby empowered to enter any mobile home park. (Ord. 5746 § 1, 2003.)
14.20.040 Exceptions.
Upon proper application by the affected property owner to the city’s hearing examiner, pursuant to the provisions of the Auburn City Code (ACC), and following a public hearing on the application, the hearing examiner may grant an exception from the requirements of this chapter when undue hardship may be created as a result of strict compliance with the provisions of this chapter. In deciding any exception, the hearing examiner may prescribe conditions that he/she deems necessary to or desirable for the public interest. No exceptions shall be granted unless the hearing examiner finds that:
A. There are special physical circumstances or conditions affecting the property such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use or development of his land; and
B. The exception is necessary to insure such property the rights and privileges enjoyed by other properties in the vicinity and under similar circumstances; and
C. The granting of the exception will not be detrimental to the public health, safety and welfare or injurious to the property in the vicinity. (Ord. 5746 § 1, 2003.)
14.20.050 Penalties.
Any person, firm, corporation or association, or any agent of any person, firm, corporation or association who violates the provisions of this chapter shall be guilty of a misdemeanor and upon conviction be subject to a fine not to exceed $1,000 for each such violation, or imprisonment for a period not to exceed 90 days, or both such fine and imprisonment. (Ord. 5746 § 1, 2003.)
14.20.060 Liability.
This chapter shall not be construed to relieve from or lessen the responsibility of any person closing a mobile home park in the city for damages to anyone injured or damaged either in person or property by any defect therein; nor shall the city or any agent thereof be held as assuming such liability by reason of any preliminary or final approval or by issuance of any permits or certificates authorized herein. (Ord. 5746 § 1, 2003.)
14.20.070 Eviction notices for change of use or closure of a mobile home park.
A. Before a mobile home park owner may issue eviction notices pursuant to a closure or change of use under Chapter 59.21 RCW, the mobile home park owner must first submit to the planning and community development department a relocation report and plan that meets the requirements of ACC 14.20.080. If applying for a change of use, the mobile home park owner shall submit the relocation report and plan together with all other necessary applications. Once the planning director determines that the relocation report and plan meets the requirements of ACC 14.20.080, the planning director shall approve the relocation report and plan and return a copy of the approved plan to the mobile home park owner. If the planning director determines that the relocation report and plan does not meet the requirements of ACC 14.20.080, the planning director may require the mobile home park owner to amend or supplement the relocation report and plan as necessary to comply with this chapter before approving it.
B. No sooner than upon approval of the relocation report and plan, the owner of the mobile home park may issue the 12-month closure notice to the mobile home park tenants. The closure notice shall comply with RCW 59.20.080 and 59.21.030, as amended. No mobile home owner who rents a mobile home lot may be evicted until the 12-month notice period expires, except pursuant to the State Mobile Home Landlord-Tenant Act, Chapter 59.20 RCW. (Ord. 5746 § 1, 2003.)
14.20.080 Relocation report and plan.
A. The relocation report and plan shall describe how the mobile home park owner intends to comply with Chapters 59.20 and 59.21 RCW, relating to mobile home relocation assistance, and with ACC 14.20.070 through 14.20.120. The relocation report and plan must provide that the mobile home park owner will assist each mobile home park tenant household to relocate, in addition to making any state or federal required relocation payments. Such assistance must include providing tenants an inventory of relocation resources, referring tenants to alternative public and private subsidized housing resources, helping tenants obtain and complete the necessary application forms for state-required relocation assistance, and helping tenants to move the mobile homes from the mobile home park. Further, the relocation report and plan shall contain the following information:
1. The name, address, and family composition for each mobile home park tenant household, and the expiration date of the lease for each household;
2. The condition, size, ownership status, HUD and/or State Department of Labor and Industries certification status, and probable mobility of each mobile home occupying a mobile home lot;
3. Copies of all lease or rental agreement forms the mobile home park owner currently has in place with mobile home park tenants;
4. To the extent mobile home park tenants voluntarily make such information available, a confidential listing of current monthly housing costs, including space rent, mobile home rent or other payments and utilities, for each mobile home park tenant household;
5. To the extent mobile home park tenants voluntarily make such information available, a confidential listing of gross annual income for each mobile home park tenant household;
6. An inventory of relocation resources, including available mobile home spaces in King, Snohomish, Kitsap and Pierce Counties, as well as mobile home age or size restrictions each park may have in place;
7. Actions the mobile home park owner will take to refer mobile home park tenants to alternative public and private subsidized housing resources;
8. Actions the mobile home park owner will take to assist mobile home park tenants to move the mobile homes from the mobile home park;
9. Other actions the owner will take to minimize the hardship mobile home park tenant households suffer as a result of the closure or conversion of the mobile home park; and
10. A statement of the anticipated timing for park closure.
B. The planning director may require the mobile home park owner to designate a relocation coordinator to administer the provisions of the relocation report and plan and work with the mobile home park tenants, the planning and community development department, and other city and state offices to ensure compliance with the relocation report and plan and with state laws governing mobile home park relocation assistance, eviction notification, and landlord/tenant responsibilities.
C. The owner shall make available to any mobile home park tenant residing in the mobile home park copies of the proposed relocation report and plan, with confidential information deleted. Within 14 days of the planning director’s approval of the relocation report and plan, a copy of the approved relocation report and plan shall be mailed by the owner to each mobile home park tenant.
D. The mobile home park owner shall update with the planning and community development department the information required under this section to include any change of circumstances occurring after submission of the relocation report and plan that affects the relocation report and plan’s implementation. (Ord. 5746 § 1, 2003.)
14.20.090 Certificate of completion of the relocation report and plan.
No mobile home park owner may close a mobile home park, or obtain final approval of a comprehensive plan or zoning redesignation until the mobile home park owner obtains a certificate of completion from the planning and community development department. The planning director shall issue a certificate of completion only if satisfied that the owner has complied with the provisions of an approved relocation report and plan, the eviction notice requirements of RCW 59.20.080 and 59.21.030, the relocation assistance requirements of RCW 59.21.021, and any additional requirements imposed in connection with required city applications. (Ord. 5746 § 1, 2003.)
14.20.100 Notice of provisions.
It is unlawful for any party who is required to submit a relocation report and plan to the city pursuant to this chapter to sell, lease or rent any mobile home or mobile home park rental space without providing a copy of such relocation report and plan to the prospective purchaser, lessee, or renter, and advising the same, in writing, of the provisions of ACC 14.20.070 through 14.20.120 and the status of such relocation report and plan. (Ord. 5746 § 1, 2003.)
14.20.110 Administration.
The planning director shall administer and enforce ACC 14.20.070 through 14.20.120. Whenever an owner or an owner’s agent fails to comply with the provisions of ACC 14.20.070 through 14.20.120, the following may occur:
A. The planning director may deny, revoke, or condition a certificate of completion, a permit, or another approval;
B. Any other city permits or approvals may be conditioned on the owner’s successful completion of remedial actions deemed necessary by the planning director to carry out the purposes of ACC 14.20.070 through 14.20.120. (Ord. 5746 § 1, 2003.)
14.20.120 Appeal.
Any appeal from an administrative determination under ACC 14.20.070(A), 14.20.090, and 14.20.110(A) shall be filed within 14 days of the determination and shall be processed in accordance with the procedures established for appeals of administrative decisions under ACC 18.70.050. (Ord. 6184 § 7, 2008; Ord. 5746 § 1, 2003.)
14.20.130 Closure and government sponsorship.
A. If an eminent domain action by a federal, state or local agency causes closure of a mobile home park and the procedures set forth in the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act, 42 USC 4601 et seq., and the regulations of 49 CFR Part 24 or the Relocation Assistance – Real Property Acquisition Policy Act of Chapter 8.26 RCW and the regulations of Chapter 468-100 WAC are followed, the requirements of those acts and regulations will supersede the requirements of ACC 14.20.070 through 14.20.120.
B. If a condemnation action of the city causes closure of a mobile home park, the city will be responsible for fulfilling the requirements of the standards contained herein. If the city chooses to follow portions of the state act and regulations and the planning director determine that there is a conflict or redundancy between the portions of the state act and regulations being followed by the city, and the standards contained herein, the state act shall take precedence in such areas of conflict or redundancy. If the state act is followed in all respects, such act will supersede the requirements of this section and the standards contained herein. (Ord. 5746 § 1, 2003.)