Carpinteria Municipal Code Ch. 5.75 Mobilehome Park Closure

Mobilehome owners make a considerable investment in purchasing, maintaining and improving their homes and in maintaining the rented space for their homes. If a park closes or is converted to a new use, the mobilehome owners may lose their homes and the investment in them due to the high cost and risk of injury involved in moving a mobilehome, the fact that improvements to a home may not be movable and the lack of vacant mobilehome spaces in parks within a reasonable distance from the closing park that will accept relocating homes. In recognition of the unique situation and vulnerability of mobilehome owners, the State Legislature adopted the Mobilehome Residency Law, Civil Code Section 798, et seq., which protects them from eviction except for specified and limited causes, and Government Code Sections 65863.7, 65863.8 and 66427.4, which authorize the city to require park owners that want to close a park or convert it to another use to provide reasonable relocation assistance as a condition of closing and converting a park.

This chapter is adopted pursuant to the Government Code and the city's police power to provide a procedure and standards for assessing the adverse impacts of a mobilehome park closure or change of use on the displaced mobilehome owners residing in the park and to determine appropriate relocation assistance for those residents. This chapter implements general plan policies related to affordable housing and mobilehome parks specifically.

(Ord. No. 735, § 2, 12-9-2019)

A. "Applicant" means any person or entity seeking approval of a mobilehome park closure or change of use. Applicant can also mean a park owner whose park has been determined to be undergoing conversion due to reduced occupancy.

B. "Comparable mobilehome" means a mobilehome that is similar in size, age, condition, number of bedrooms and amenities to a mobilehome that is being displaced by conversion of a mobilehome park.

C. "Comparable mobilehome park" means a mobilehome park that:

1. Is similar in condition, age, size and amenities to the park that is being closed; and

2. Is located within a community that has similar access to community amenities such as shopping, medical services, recreational facilities and transportation.

D. "Comparable housing" means either:

1. A comparable mobilehome in a comparable mobilehome park; or

2. Housing in an apartment complex or condominium that:

a. Is similar in size, number of bedrooms and amenities to the mobilehome that is being displaced; and

b. Is located in a community that has similar access to shopping, medical services, recreational facilities and transportation.

E. "Closure" means the closure of a mobilehome park and the cessation of holding out spaces in the park for rental even if no new use is planned; or closure with conversion of a mobilehome park to another use; or a park where twenty five percent or more of the spaces are uninhabited.

F. "Department" means the community development department or such other department as is assigned to implement these regulations.

G. "Development application" means a filed request for approval of a General Plan Land Use Designation amendment; or a zoning reclassification; or any other permit, including but not limited to a Development Plan or Development Plan Amendment related to a mobilehome park change of use.

H. "City manager" means the city manager of the City of Carpinteria or his or her designee.

I. "Disabled household" means a household in which a resident is a person with a medical condition or physical or mental impairment that substantially limits at least one of the person's major life activities, as defined in the federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act, or successor statutes.

J. "Low income household" means a household with annual income of less than eighty percent (80%) of the area median income of households in Santa Barbara County, as defined by the California Housing and Community Development Department.

K. "Mobilehome" shall have the meaning set forth in the Mobilehome Residency Law, Civil Code Section 798.3(a), as now in effect or subsequently amended and shall also mean vehicles designed or used for human habitation, including camping trailers, motorhomes, slide-in campers and travel trailers if they have been in the park being closed and used as the occupant's primary residence, as established by nine months' continuous residency prior to the filing of a closure application.

L. "Mobilehome park" or "park" means an area of land where two or more mobilehome spaces are rented or held out for rent to accommodate mobilehomes used for human habitation.

M. "Mobilehome owner" means a registered owner of a mobilehome who resides in the mobilehome in the park subject to closure.

N. "Mobilehome resident" or "resident" means any individual who lives in a mobilehome in the park subject to closure, and whose residency in the park is authorized pursuant to a written lease or applicable park rules.

O. "Park owner" means a person or entity that owns a mobilehome park or a person or entity authorized to act on behalf of the owner of a mobilehome park.

P. "Reduced-occupancy closure" means the condition when twenty five percent or more of the spaces in a mobilehome park become vacant, unless that condition was caused by a natural or physical disaster beyond the control of the mobilehome park owner.

Q. "Relocation impact report" means the report required of an applicant pursuant to this chapter.

R. "Resident questionnaire" means the resident questionnaire required of an applicant pursuant to this chapter.

S. "Relocation specialist" means a qualified person or entity, approved by the city manager, capable of assisting residents in finding and moving to comparable housing.

T. "Senior household" means a household in which a resident is at least sixty two years of age.

U. "Voluntary closure" means any mobilehome park closure which is not a reduced-occupancy closure.

(Ord. No. 735, § 2, 12-9-2019)

A. Prior to voluntary closure of a park, the applicant shall file with the city an application to close the park, which shall be made on a form provided by the city.

No application shall be deemed complete until the following have been filed: A resident questionnaire for each affected mobilehome owner and resident, the completed relocation impact report, acknowledgements of the notice of intent to convert, and payment of a filing fee as required by resolution of the city council.

B. No notice that the park is being closed or of any proposed new use of the park shall be given and no signs indicating that the park is being closed or indicating the future use of the park shall be posted prior to the date on which the city has approved the closure and the park owner has signed and filed a certificate accepting the conditions of approval adopted by the city.

(Ord. No. 735, § 2, 12-9-2019)

As a condition of a mobilehome park closure, an applicant shall be required to provide relocation assistance in an amount not to exceed the reasonable costs of relocation. The minimum relocation assistance required shall be determined based on the procedures in this chapter. The applicant and any person eligible for relocation assistance may agree to other mutually satisfactory relocation assistance only after the city council approves the relocation impact report, and the applicant provides the person eligible for relocation with notice of the relocation assistance he or she is entitled to receive pursuant to this chapter on a form approved by the city manager.

A. Eligibility for Relocation Assistance. A mobilehome owner or resident is entitled to relocation assistance so long as he or she has not already terminated his or her lease prior to the date of the following, whichever occurs first:

1. Filing of a development application;

2. Filing of a relocation impact report; or

3. Determination by the city manager that the park is undergoing a closure due to reduced occupancy.

B. Reasonable Cost of Relocation. Reasonable cost of relocation includes a moving allowance and other applicable types of relocation assistance as defined in this section and based on the relocation impact report.

C. Moving Allowance for Eligible Residents. For all eligible mobilehome owners and residents, relocation assistance shall include a moving allowance to move to another park or other replacement housing up to a distance of fifty miles. The resident is responsible for additional costs to move to a location farther than fifty miles. Moving allowance includes:

1. The cost to move furniture and personal belongings;

2. Rent for first and last month at the new location;

3. Required security deposit at the new location;

4. Temporary lodging, if required to mitigate the adverse impacts of the park closure; and

5. The appraised value of personal property that cannot reasonably be relocated.

D. Other Relocation Assistance. For eligible mobilehome owners and residents, relocation assistance may also include any of the following that is applicable:

1. Accessibility Improvements for Mobilehome Owners. For eligible mobilehome owners, relocation assistance may include payment of the cost to reinstall or replace any accessibility improvements made to the mobilehome such as wheelchair ramps, lifts, and grab bars.

2. Assistance for Disabled Households. For eligible residents with a disability, relocation assistance may include the cost of obtaining any physical assistance needed to enable the resident to move.

3. Rent Subsidy for Senior, Disabled or Low Income Households. For eligible senior, disabled or low income households, relocation assistance may include payment of a rent subsidy of up to thirty-six months if needed to offset increased housing costs and secure comparable housing. The rent subsidy is the difference of rent paid by the resident in the park and any higher rent for either a space at another park if the mobilehome is relocated, or rent for comparable housing if the resident moves to other rental housing. If an applicant offers to purchase a mobilehome owner's mobilehome at its in-place value, that purchase amount will be credited against any rent subsidy owed.

4. Mobilehome Relocation Costs for Mobilehome Owners. For any eligible mobilehome owner whose mobilehome can be relocated, relocation assistance may include the lowest of three estimates obtained by the relocation specialist from licensed mobilehome movers to physically relocate the mobilehome to up to a maximum distance of fifty miles. The mobilehome owner is responsible for additional costs to move the mobilehome to a location farther than fifty miles. The estimates shall include the cost of disassembly of the mobilehome, transportation to the new site, reinstallation, replacement or reconstruction of blocks, skirting, shiplap siding, porches, decks and awnings, earthquake bracing if necessary, insurance coverage during transport, and utility hook-ups.

5. Sale at One Hundred Percent In-Place Value for Mobilehome Owners. For any eligible mobilehome owner whose home cannot be relocated to a comparable park within fifty miles or another park chosen by the mobilehome owner, the city may require the applicant to purchase the mobilehome at one hundred percent of its in-place value.

a. To determine in-place value, the applicant shall hire a mobilehome appraiser from a list provided by the city manager.

b. The mobilehome owner may dispute the determination of in-place value by obtaining another appraisal at his or her expense, using an appraiser from the city manager's list, within one hundred eighty days of the date that the city council approves the relocation impact report. If the mobilehome owner follows this procedure, in-place value shall be the average of the appraisals obtained by the applicant and the mobilehome owner.

c. If an appraiser determines that the value of the mobilehome has been negatively affected by the failure of the mobilehome park to undertake appropriate park maintenance, then the appraiser shall make an upward adjustment to the in-place value of the mobilehome to eliminate this negative effect, normal wear and tear excepted.

(Ord. No. 735, § 2, 12-9-2019)

A. The relocation impact report, prepared by the applicant or relocation specialist, shall include the following information, or shall indicate that such information could not be obtained after documented reasonable efforts by the relocation specialist and/or the applicant:

1. A description of any proposed new use for the site, including the approximate number of proposed residential units, if any.

2. A proposed timetable for the closure of the park.

3. A legal description of the park.

4. The number of spaces in the park.

5. A site plan of the park showing all spaces within the park, identified by number.

a. For each space in the park:

1. The size, number of bedrooms, manufacturer and date of manufacture of the mobilehome occupying the space.

2. The number of occupants of the mobilehome and their length of residency in the park, as has been reported to the park owner.

3. The total monthly space rent currently charged for each space with detail showing the space rent, utility charges, and any other costs paid by the resident.

4. The rental rate history for each space for the previous five years.

5. The value the mobilehome would have if the park were not being closed, the replacement value of the mobilehome, and its value if it is to be removed from the park and cannot be relocated to a space in a comparable mobilehome park. These values shall be determined by a qualified appraiser to be chosen by the park owner from a list supplied by the city manager. The cost of the appraisals shall be paid by the park owner. The applicant is not required to provide appraisal information for park-owned units.

6. Any improvements to the mobilehome, including but not limited to, patios, porches, pop-out rooms and any recent major improvements to the home, including but not limited to, a new roof or new siding.

7. Any information available to the park owner concerning any disability or special need of the residents.

8. The purchase price paid for the park by the park owner and any amount incurred to make capital improvements to the park.

9. Any offers to sell or purchase the mobilehome park, including relevant dates and whether the park owner has offered to sell the mobilehome park to the residents and the terms of that offer.

10. Estimates from two moving companies approved by the city manager, and qualified to move mobilehomes on public streets and highways, of the cost of moving each mobilehome in the park, including the cost of permits and tearing down and setting up the home at the new location; the cost of any upgrades to comply with applicable building, plumbing, electrical and health and safety codes; and the cost of moving any improvements, including, but not limited to, patios, porches and pop- out rooms. These estimates shall be based on a move of up to fifty miles from the park subject to closure. No estimate of mobilehome relocation and associated set-up and tear-down costs shall be required for any park-owned units.

11. The cost of comparable housing, including the purchase price of comparable condominiums and comparable mobilehomes in a comparable mobilehome park and the cost of moving into comparable housing, including such items as first and last months' rent, security deposits and higher rent or mortgage payments at the comparable housing.

12. A list of comparable parks within a fifty mile radius and for each such park, the space rents and the qualifications for residency in each park (e.g., age restrictions, pet restrictions), whether the park has any vacant space and will accept homes being relocated and if so, any restrictions, such as size and age, on the relocated homes that would be accepted.

13. Identification of a relocation specialist to assist the residents in finding and moving to comparable housing. The relocation specialist shall be selected by the park owner from a list provided by the director, and shall be paid for by the park owner.

14. Identification of other consultants and specialists, such as appraisers or movers, who applicant might use, and their professional qualifications.

15. Proposed measures to mitigate the adverse impacts of the park closure on the residents in the park. The relocation specialist must approve of these proposed mitigation measures.

16. A copy of any agreement reached with any resident or owner relating to the purchase or relocation of the resident/owner or the provision of relocation assistance. The city manager may waive the requirement to include any or all of the information required by this section where an affected resident/owner and the applicant have reached a final, mutually acceptable agreement as to the relocation assistance to be provided.

(Ord. No. 735, § 2, 12-9-2019)

A. Prior to filing the relocation impact report, the relocation specialist or city manager, at applicant's expense, shall distribute a resident questionnaire to each mobilehome owner and resident of the park on a form provided by the city. The affected mobilehome owners and residents shall have no less than thirty days from the date of certified mailing to complete the pre-conversion questionnaire.

B. Prior to or concurrent with the distribution of the resident questionnaire, the applicant shall provide notice to affected owners and residents of the intention to seek city approval for a closure or conversion of the mobilehome park. The notice shall, at a minimum, include an explanation, in general terms, of the nature and timeframes of the proposed closure or conversion, shall advise owners and residents that information will be sought from them to assist in determining appropriate relocation assistance, and shall include a copy of the tenants' rights under the Mobilehome Residency Law (California Civil Code, Section 789 et seq.), or as those provisions may be amended. The notice shall also include the name, qualifications and contact information for the relocation specialist. Such notice may satisfy the requirements of Civil Code Section 798.56 and Government Code Section 65863.8 if the park owner obtains a signed acknowledgement of receipt of such notice from each tenant and prospective purchaser or tenant, which is filed with the closure application. No hearing shall be held prior to city's receipt of all acknowledgements.

The questionnaire shall require the following information for each mobilehome space in the park:

1. The registered owner and any person or entity having a legal interest in a mobilehome, including a lender or mortgagor, and whether the individual owns other mobilehome units within the park or any other mobilehome park in the city.

2. The identity, ages, number and any mental or physical disability or special needs of the residents occupying the mobilehome.

3. The date of manufacture of the mobilehome, the name of the manufacturer, the size of the mobilehome, the number of bedrooms in the mobilehome, any special amenities in the home, including but not limited to equipment needed because of the medical condition, age, or disability of any resident or tenant in the home.

4. Any improvements or renovations to the mobilehome or improvements to the mobilehome space made by the current resident, including, but not limited to, a new roof, porches, patios, awnings, pop-out rooms, recreational equipment, barbecue equipment, landscaping, etc., whether such improvements are movable, and the cost of such improvements.

5. The purchase date and price paid by the current resident of the mobilehome and the amount and terms of any remaining mortgage or loan on the home. If non-owner occupied units are rented out, the amount of monthly rental payments received by the owner.

6. Any special circumstance that would limit the area to which the resident or tenant is able to relocate, including but not limited to job location or disability.

7. Whether the residents receive Supplemental Social Security Income or qualify as low- or very low-income persons or families under the standards issued by the U.S. Department of Housing and Urban Development ("HUD") or the California Housing and Community Development Department.

8. Any available, alternate housing opportunities known to the mobilehome owner or resident that would be acceptable as a relocation option to the individual

9. Any other information the city manager deems necessary to determine appropriate relocation assistance or to mitigate the adverse impacts of a park closure.

D. Completed resident questionnaires shall be submitted to the relocation specialist and be treated as confidential. The disclosure of information provided therein shall be limited to those individuals, including the applicant, and uses necessary to accomplish the purpose of this Chapter, as deemed appropriate by the relocation specialist.

E. Neither the completed resident questionnaire, nor any personal information provided in response thereto, shall be considered public information and the city shall not disclose any such information pursuant to a public records request, except as necessary to facilitate an evaluation of the adequacy of the relocation impact report or as may be required by law.

F. Any mobilehome resident or owner may decline to provide any information requested, but the city council's determination of the reasonableness of the level of relocation assistance proposed by the applicant will be based on information provided in response to the resident questionnaire, and the level or elements of assistance deemed reasonable in an individual case may be limited, or the relocation assistance requirement may be eliminated, based on the owner's or resident's verified refusal to provide information necessary to make such a determination.

(Ord. No. 735, § 2, 12-9-2019)

A. No park owner shall require any resident to waive his/her rights to relocation assistance as a condition of renting a space in the park, except when the resident moves into the park after the date the closure application is filed and notice has been given that the closure application has been filed.

B. Residents who are eligible for relocation assistance shall be entitled to the assistance required by the city, consistent with this chapter, as a condition of closure even if they move out of the park before the city's final determination concerning required relocation assistance.

C. No resident shall be required to remove his or her mobilehome and no resident shall be required to vacate a mobilehome until all of the following conditions have been satisfied:

1. The city's decision approving the closure is final;

2. The park owner has given six months or more notice of termination of tenancy required by Civil Code section 798.56(g) and that at least a six-month period has elapsed; and

3. The park owner has provided the relocation assistance required by the city as a condition of closure.

D. An application for closure of a park does not relieve a mobilehome owner or resident from his or her obligation to pay rent.

E. Once an application for closure has been filed or the department has determined that closure has occurred due to reduced occupancy, the park owner shall advise, in writing, each prospective new mobilehome owner and resident, prior to the commencement of escrow to purchase a home and/or execution of any rental agreement, that a closure application has been filed, or that the park has been determined to be undergoing closure due to reduced occupancy, and that the new resident will not be entitled to any relocation assistance under this chapter.

(Ord. No. 735, § 2, 12-9-2019)

A. Within thirty days of a relocation impact report being filed, the city manager shall determine whether it is complete and provide notification of the determination to the applicant.

B. The city manager shall set a time, date and place for a hearing on the adequacy of the relocation impact report before the city council within sixty days of the date that the city manager determines the report is complete. Such time may be extended to the extent necessary to comply with any State regulations, including the California Environmental Quality Act.

C. At least sixty days prior to the hearing, the city manager shall mail notice of the public hearing and a copy of the relocation impact report to the applicant, affected mobilehome owners and residents, owners of properties within a three hundred foot radius of the applicant's property, and to each lender having an interest in a mobilehome in the mobilehome park. The notice shall contain a general explanation of the matters to be considered by the city council. The copy of the relocation impact report shall not include the completed resident questionnaires, but shall include the appraisal of the mobilehome owned or resided in by that particular notice recipient.

D. At least fifteen days prior to the hearing, the city manager shall cause a notice of the date, time and place of the hearing to be posted at the park site in a prominent place designed to reasonably provide notice. Said notice of the hearing shall contain a general explanation of the matters to be considered by the city council.

E. The applicant shall pay all costs associated with providing notice, including any publishing and postage expenses.

(Ord. No. 735, § 2, 12-9-2019)

A. The city council shall conduct a hearing to review the relocation impact report at the noticed date and time. The city council may consider all relevant evidence presented at the hearing and shall render its decision within sixty days therefrom.

B. The city council shall approve the relocation impact report if and only if it finds that the applicant and the relocation impact report have satisfactorily addressed the following:

1. The relocation impact report contains the required information;

2. The applicant has complied with all applicable notice requirements as provided for by state law and by this chapter;

3. The relocation impact report accurately represents the total costs associated with the relocation of each mobilehome resident; and

4. Each mobilehome resident will receive the reasonable costs of relocation from the mobilehome park owner consistent with State law and this chapter.

C. In approving the relocation impact report, the city council may require the imposition of such conditions as it finds necessary to mitigate the adverse impacts on the residents; however, any steps required to be taken by the applicant pursuant to this section shall not exceed the reasonable costs of relocation.

(Ord. No. 735, § 2, 12-9-2019)

The applicant shall fully perform the mitigation measures set forth in, and the conditions imposed in connection with, the approved relocation impact report and such performance shall also be a condition of approval of any concurrent or subsequent development application proposing an alternate or replacement use of the mobile home park property. No affected mobilehome owner or resident shall be required to vacate a mobilehome space unless the applicant has performed all mitigation measures and conditions of approval applicable to such owner or resident and such performance has been verified by the city manager.

(Ord. No. 735, § 2, 12-9-2019)

Upon city approval of a relocation impact report, the applicant shall record a certificate of acceptance on the title of the mobilehome park property. City approval of a relocation impact report shall not be effective until proof of recordation of a certificate of acceptance has been delivered to the city manager. The city manager shall provide the certificate of acceptance form for use by the applicant.

(Ord. No. 735, § 2, 12-9-2019)

A. The city council may, upon request of applicant and after holding a public hearing, modify the provisions of an approved relocation impact report. A modification may be approved where the city council finds that there has been a change in circumstances, or there is new information that could not have reasonably been known or considered at the time of the original hearing on approval of the relocation impact report.

B. The city council may impose additional conditions as deemed necessary to mitigate any adverse impacts resulting from a modification of an approved relocation impact report.

C. Upon city approval of modification of an approved relocation impact report, the applicant shall record a certificate of acceptance on the title of the mobilehome park property. City approval of modification of an approved relocation impact report shall not be effective until proof of recordation of a certificate of acceptance has been delivered to the city manager.

(Ord. No. 735, § 2, 12-9-2019)

A. The city council may, upon request of the city manager and after holding a public hearing, order an approved relocation impact report null and void. No nullification shall be ordered unless the city council makes either of the following findings:

1. Approval of the relocation impact report was obtained fraudulently.

2. The applicant has failed to comply with the mitigation measures set forth in, or the conditions imposed in connection with, the approved relocation impact report.

B. If a relocation impact report is nullified, then the applicant shall not be entitled to perform the mobilehome park closure until a new relocation impact report is approved in accordance with this chapter.

(Ord. No. 735, § 2, 12-9-2019)

A. Closure approvals shall expire one year after the date they are approved by the city council, unless the city manager grants a request for an extension of time.

B. The city manager may, upon written request, grant extensions of time based upon a showing that good faith progress has been made toward fulfilling the conditions of approval or some intervening event not the fault of the park owner has prevented timely compliance with the conditions of approval.

C. The applicant may appeal the denial of a request for an extension to the city council. All such appeals, which must be filed with the city clerk within fourteen days of the city manager's decision, shall be submitted and processed in compliance with the following procedures:

1. At least fifteen days prior to the appeal hearing, the city manager shall mail notice to the applicant and mobilehome owners and residents of the date, time and place of the hearing, and require the park owner to post a notice of the date, time and place of the hearing at a prominent place in the mobilehome park. The notice of the hearing shall contain a general explanation of the matters to be considered by the city council.

2. The city council shall approve the appeal if and only if it can make one of the following findings:

a. Good faith progress has been made toward fulfilling the conditions of approval; or,

b. An intervening event not the fault of the park owner has prevented timely compliance with the conditions of approval.

(Ord. No. 735, § 2, 12-9-2019)

An applicant shall afford affected mobilehome owners and residents a right of first refusal to purchase, lease or rent housing to be constructed on the park site.

(Ord. No. 735, § 2, 12-9-2019)

A park is deemed to be undergoing closure when twenty-five percent or more of the spaces are vacant.

A. Statement of Reduced Occupancy Filed by Park Owner. If a park owner files a statement of reduced occupancy, the director shall issue a notice of closure. No public hearing is required.

B. Statement of Reduced Occupancy filed by a Resident. Whenever a mobilehome park resident has reason to believe that a reduced-occupancy closure has occurred, as defined in Section 5.75.020, such resident may file a written statement to that effect with the city manager. Upon receipt of such statement, the city manager shall cause an investigation to be conducted to verify the statement's accuracy. Upon completion of the investigation, the city manager shall make a determination as to whether a reduced-occupancy closure has occurred. The city manager's determination as to whether a reduced-occupancy closure has occurred must be supported by substantial evidence.

C. If the city manager determines that a reduced-occupancy closure has occurred, written notice shall be sent via certified mail to the mobilehome park owner and affected mobilehome residents. This notice must describe the city manager's determination and establish a reasonable period of time, not to exceed one hundred eighty days, by which the mobilehome park owner shall file with the city an application and a relocation impact report that fulfills all requirements of this chapter. Resident Questionnaires shall be sent in accordance with Section 5.75.060, and no application shall be deemed complete until a resident questionnaire for each affected mobilehome owner and resident has been filed.

D. The determination that a reduced-occupancy closure has occurred may be appealed to the city council by the mobilehome park manager, mobilehome owner, mobilehome resident or by any other interested person within the ten days following the date of the notice of determination. All such appeals shall be submitted and processed in compliance with the following procedures:

1. At least fifteen days prior to the appeal hearing, the city manager shall mail notice to the applicant and mobilehome owners and residents of the date, time and place of the hearing, and shall cause such notice to be posted at the park site. The notice of the hearing shall contain a general explanation of the matters to be considered by the city council.

2. The city council shall conduct the appeal hearing at the noticed date and time. The city council may consider all relevant evidence presented at the hearing and shall render its findings and decision within sixty days therefrom.

3. The city council shall approve the appeal if and only if it can make one or more of the following findings:

a. Over seventy-five percent of the spaces in the mobilehome park are occupied, at the time of the appeal hearing.

b. If less than seventy-five percent of the spaces in the mobilehome park are occupied, that condition was caused by a natural or physical disaster beyond the control of the mobilehome park owner.

4. Notice of the decision of the city council shall be mailed to the applicant and to each mobilehome owner and resident of the park.

E. All protections afforded to mobilehome park residents during the pendency of a voluntary closure, as specified in Section 5.75.020, shall apply after the city manager has determined that a reduced-occupancy closure has occurred.

F. Within thirty days of a relocation impact report being filed, the city manager shall determine whether the relocation impact report is complete and provide notification of the determination to the mobilehome park owner. All notice and hearing procedures for a voluntary closure pursuant to Sections 5.75.080 and 5.75.090 shall apply to a reduced-occupancy closure.

(Ord. No. 735, § 2, 12-9-2019)

A. The failure of a park owner to prepare a complete relocation impact report within the time required by the city manager pursuant to Section 5.75.180(C) is hereby determined to have a severely adverse economic effect on mobilehome residents and eligible mobilehome owners due to the delay in providing necessary relocation assistance which would result from such failure. Such failure is hereby determined to be a public nuisance.

B. If the park owner fails to prepare or cause to be prepared a relocation impact report within such required time, the city manager shall cause such report to be prepared.

C. Upon completion of such report, the city manager shall cause a statement of the cost of preparation of such report to be sent to the park owner. If the park owner fails to reimburse the city for such cost within thirty days of receipt of such statement, the city manager shall prepare a report on the cost of preparation and file it with the city clerk. The city clerk shall thereupon submit written notice to the mobilehome park owner of the time and place when the city council shall receive and consider such report and give the park owner not less than thirty days' written notice thereof by certified mail.

D. At the time and place fixed for receiving and considering the city manager's report on the cost of preparation of the relocation impact report, the city council shall hear the same together with any objections which may be raised by the park owner liable to be assessed. Following such hearing, the city council shall make any modifications to the proposed assessment as it may deem necessary, after which the assessment shall be confirmed by resolution.

E. The amount of the cost of preparation of such report shall constitute a special assessment against the mobilehome park and, after thus made and confirmed, shall constitute a lien on such property for the amount of said assessment until paid. All laws and ordinances applicable to the levy, collection and enforcement of city taxes are hereby made applicable to such special assessment.

(Ord. No. 735, § 2, 12-9-2019)

A. If an applicant believes that providing the required relocation assistance would impose an unreasonable financial hardship, the applicant may request total or partial exemption from relocation assistance obligations in accordance with this section. This section shall apply to both a voluntary closure and a reduced-occupancy closure. In the case of a voluntary closure, the request must be filed with the relocation impact report. In the case of a reduced-occupancy closure, the request must be filed no later than the deadline established by the city manager for the submission of the relocation impact report.

The city manager shall deem the request complete only if it contains all of the following items:

1. A signed affidavit that the applicant has notified residents of the request for exemption from relocation assistance obligations.

2. Statements of profit and loss from the operations of the park for the most recent five-year period of the date of the application or request, certified by a certified public accountant. All such statements shall be maintained in confidence as permitted by the California Public Records Act.

3. A statement made under penalty of perjury by a state-licensed general contractor that repairs and improvements are necessary to maintain the park in a decent, safe and sanitary condition and to continue the use of the property as a mobilehome park. The statement shall include an itemized list of the necessary repairs and improvements, their costs, and the minimum period of time they shall be made. The applicant shall also submit a statement verified by a certified public accountant on the necessary increase in rental rates of mobilehome spaces within the park within the next five years necessary to pay for such repairs or improvements. At the city manager's discretion, the applicant may be required to hire another licensed general contractor selected by the city manager and paid for by applicant to analyze the submitted information.

4. The estimated total cost of relocation assistance based on the requirements of this chapter and as verified by the designated relocation specialist.

5. An appraisal of the park if continued to be in use as a mobilehome park and an appraisal of the park site if the park were developed according to the proposed redevelopment of the park. The appraiser shall be selected by the park owner from a list provided by the city manager, and shall be paid for by the park owner.

6. Other information the applicant believes to be pertinent, or which may be required by the city manager.

C. The city council shall conduct a hearing on the request concurrent with its hearing on the relocation impact report, as provided for by this chapter. The notice of the hearing required pursuant to Section 5.75.110 shall include an explanation of the exemption request and the grounds for that request.

D. The city council may consider all relevant evidence presented at the hearing and shall render its findings and decision within sixty days therefrom. The city council may approve or partially approve the exemption request only if it makes one of the following findings, supported by substantial evidence:

1. That a court of competent jurisdiction has determined in connection with a proceeding in bankruptcy that mobilehome park closure or cessation of use of the property as a mobilehome park is necessary, and that such court has taken further action that would prohibit or preclude the payment of relocation assistance benefits, in whole or in part.

2. That the provision of relocation assistance would eliminate substantially all reasonable use or economic value of the property. Such basis may only be established if it is demonstrated that the imposition of such obligations would eliminate the reasonable use or economic value of the property for alternate uses, and that continued use of the property as a mobilehome park would eliminate substantially all reasonable use or economic value of the property for reasons not caused or contributed to by the park owner or applicant. The city council may not make this finding if there is substantial evidence that the applicant has knowingly deferred necessary repair and maintenance.

E. Notice of the decision of the city council shall be mailed to the applicant and to each mobilehome owner and resident of the park.

(Ord. No. 735, § 2, 12-9-2019)

A. The city is entitled to recover the full costs of administering this chapter from an applicant.

B. The city council shall by resolution establish the reasonable fees to cover the cost of administering this chapter.

(Ord. No. 735, § 2, 12-9-2019)

If the closure of a mobilehome park results from an adjudication of bankruptcy, the provisions of this chapter shall not be applicable.

(Ord. No. 735, § 2, 12-9-2019)

This chapter shall be interpreted so as to be consistent with the Mobilehome Residency Law, Civil Code Section 798, et seq. and Government Code Sections 65863.7, 65863.8 and 66427.4, as now in effect or as subsequently amended. In the event the provisions of this chapter conflict with any code, ordinance or regulation of the city, the provisions of this chapter shall govern.

(Ord. No. 735, § 2, 12-9-2019)