Goleta Municipal Code Ch. 8.17 Mobilehome Park Closure

These regulations shall be known as the Mobilehome Park Closure Regulations of the City of Goleta, may be cited as such, and will be referred to herein as “this ordinance” or “this chapter.”

(Ord. 16-03 § 2)

The mobilehome owners who rent spaces for their homes in mobilehome parks 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 mobilehome park residents from eviction except for specified and limited causes, and Government Code Sections 65863.7 and 66427.4, which authorize the City to require park owners who want to close a park or convert it to another use to provide reasonable relocation assistance as a condition of closing a park and/or changing the use.

This ordinance is adopted pursuant to Government Code Sections 65863.7 and 66427.4 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 that is being closed and to determine appropriate relocation assistance for those residents.

(Ord. 16-03 § 2)

As used in this chapter, the following terms shall have the meanings as designated:

"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.

"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 25% or more of the spaces are uninhabited. The term “closure” is synonymous with “change of use.”

"Comparable housing"

means housing in an apartment complex or condominium that is similar in size, number of bedrooms and amenities to the mobilehome that is being displaced and is located in a community that has similar access to shopping, medical services, recreational facilities and transportation or a comparable mobilehome in a comparable mobilehome park.

"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.

"Comparable mobilehome park"

means a mobilehome park that is similar in condition, age, size and amenities to the park that is being closed and is located within a community similar to that in which the park that is being closed is located and has similar access to community amenities such as shopping, medical services, recreational facilities and transportation.

"Department"

means the Planning and Environmental Review Department or such other department as is assigned to implement these regulations.

"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 proposed mobilehome park change of use.

"Director"

means the Director of the Planning and Environmental Review Department or such other department as is assigned to implement these regulations.

"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.

"Legal owner"

means any person or entity having a legal interest in a mobilehome, such as a lender or mortgagor.

"Low income household"

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

"Mobilehome"

shall have the meaning set forth in the Mobilehome Residency Law, Civil Code Section 798, et seq., 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 or converted and used as the occupant’s primary residence, as established by nine months’ continuous residency prior to the filing of a closure application.

"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.

"Mobilehome resident" or “resident”

means a registered owner of a mobilehome who resides in the mobilehome or a tenant.

"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.

"Senior household"

means a household in which a resident is at least 62 years old.

(Ord. 16-03 § 2; Ord. 20-03 § 5)

The City shall require every applicant to provide relocation assistance to mitigate any adverse impacts of a mobilehome park closure on the ability of displaced residents and mobilehome owners to find adequate replacement housing in a mobilehome park. Relocation assistance shall not exceed the reasonable cost of relocation. Relocation assistance shall be determined based on the procedures in this chapter whether by voluntary closure or closure due to reduced occupancy. This section establishes minimum relocation assistance for residents and mobilehome owners.

A. Eligibility for Relocation Assistance. Mobilehome owners and residents are entitled to relocation assistance if they have not given notice to terminate their lease as of the date of the following, whichever occurs first:

1. Filing of a development application;

2. Filing of a relocation impact report; or

3. Determination that the park is undergoing conversion 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 residents, relocation assistance shall include a moving allowance to move to another park or other replacement housing up to a distance of 100 miles. The resident is responsible for additional costs to move to a location farther than 100 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 applicable; and

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

D. Other Relocation Assistance. For eligible residents and mobilehome owners, relocation assistance may also include one or more of the following:

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 disabled households, relocation assistance may include an additional sum toward the cost of obtaining any 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 36 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. Mobilehome owners who are eligible to sell their mobilehome to the applicant at its in-place value may only receive the rent subsidy if the selling price is inadequate to secure comparable replacement housing for at least 36 months.

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 50 miles. The mobilehome owner is responsible for additional costs to move the mobilehome to a location farther than 100 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 100% In-Place Value for Mobilehome Owners. For any eligible mobilehome owner whose home cannot be relocated to a comparable park within 50 miles or another park chosen by the mobilehome owner, the City may require the applicant to purchase the mobilehome at 100% of its in-place value. The applicant shall hire a mobilehome appraiser from a list provided by the Director to determine the in-place value of the mobilehome. If the mobilehome owner disputes the appraised value of his or her mobilehome, the mobilehome owner may hire an appraiser from the Director’s list to obtain an appraisal. To be considered, the mobilehome owner shall obtain the appraisal within 180 days of the approval date of the relocation impact report. If a second appraisal is obtained, the mobilehome owner is entitled to the average of the appraisals obtained by the applicant and the mobilehome owner.

If the appraiser identifies lack of maintenance, deferred maintenance or deterioration of the subject park which negatively affects the value of a mobilehome, the appraiser shall determine the value of the home with an upward adjustment in value if necessary to eliminate the negative effect in value caused by the lack of maintenance, deferred maintenance or deterioration, normal wear and tear excepted.

6. Right of First Refusal for Residents. For all eligible residents, relocation assistance shall include the right of first refusal to purchase or rent new homes or apartments to be constructed on the park site. Income-eligible residents may have first priority to purchase or rent any below market rate (BMR) units which may be constructed on the park site, if they meet all eligibility requirements for the BMR housing program. In order to receive priority for BMR units, interested residents shall file a request with the Department before vacating the park.

(Ord. 16-03 § 2)

Prior to voluntary closure of a park, the applicant shall file with the City an application to close the park, a resident questionnaire and relocation impact report. The application shall be made on a form provided by the City. No application shall be deemed complete until a resident questionnaire for each affected mobilehome owner and resident and a completed relocation impact report have been filed.

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. 16-03 § 2)

The relocation impact report shall adequately define and address the social and economic impacts of the proposed conversion on displaced residents and mobilehome owners. The relocation impact report shall include the following information:

A. A description of any proposed new use for the site;

B. A proposed timetable for the closure of the park;

C. A legal description of the park;

D. The number of spaces in the park;

E. For each space in the park:

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

2. The number occupants of the mobilehome and their length of residency in the park.

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 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 appraisals by a qualified appraiser to be chosen by the park owner from a list supplied by the Director. The cost of the appraisals shall be paid by the park owner.

5. Any improvements to the home, 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.

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

7. Two sets of mailing labels for both the residents and legal owners of each mobilehome.

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

G. An appraisal of the park if continued in use as a mobilehome park and an appraisal of the park site if used for the highest and best use permitted by the zoning for the site or any new zoning being requested by the park owner. The appraiser shall be selected by the park owner from a list provided by the Director, and shall be paid by the park owner.

H. Whether the park owner has offered to sell the mobilehome park to the residents and terms of that offer.

I. Estimates from two moving companies approved by the Director, 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, including 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.

J. Identification of a relocation specialist to assist the residents in finding and moving to relocation spaces and comparable housing. The relocation specialist shall be selected by the park owner from a list provided by the Director, and shall be paid by the park owner. The relocation specialist shall assist with the identification and approval of the following information to be included in the report:

1. The purchase price of comparable mobilehomes in comparable mobilehome parks.

2. 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 a comparable apartment, including such items as first and last months’ rent, security deposits and higher rent or mortgage payments at the comparable housing.

3. A list of comparable parks within a 100-mile radius and for each such park, the space rents and the qualifications for residency in each park (e.g., age restrictions, no pets), 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.

4. Proposed measures to mitigate the adverse impacts of the park closure on the residents in the park.

(Ord. 16-03 § 2)

A confidential resident questionnaire shall be sent to each mobilehome owner and resident of the park on a form provided by the City as soon as the closure application has been filed. The questionnaires shall be kept separately from the rest of the application materials and shall not be included in the relocation impact report sent to each mobilehome owner and resident. The identity of each mobilehome owner and resident and his or her responses shall be kept confidential and used only to determine the relocation assistance to be provided to a particular mobilehome owner and resident. If a questionnaire contains insufficient information, the City may seek the information directly from the mobilehome owner and resident. The City shall be entitled to reimbursement for any such costs if the park owner failed or refused to obtain such information. The questionnaire shall require the following information for each mobilehome space in the park:

A. The registered owner and legal owner of the mobilehome;

B. The identity, ages, number and any mental or physical handicap or special needs of the residents occupying the mobilehome;

C. 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 handicap or disability of any resident or tenant in the home;

D. 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;

E. The purchase price paid by the current resident of the mobilehome and the amount and terms of any remaining mortgage or loan on the home;

F. Any special circumstance that would limit the area to which the resident or tenant is able to relocate;

G. 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 Department of Housing and Urban Development (“HUD”).

(Ord. 16-03 § 2)

The confidential resident questionnaire distributed pursuant to Section 8.17.170 shall provide the following notices:

A. The identity of each mobilehome owner and resident and his or her responses shall be kept confidential and used only to determine the relocation assistance to be provided to a particular mobilehome owner and resident.

B. The acceptance of relocation assistance from the applicant may limit or waive his or her rights to any assistance as provided for by this chapter.

(Ord. 16-03 § 2)

A. Any resident already renting a space in the park on the date the application for closure is filed shall be eligible for relocation assistance.

B. No park owner shall require any resident to waive his or 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. Any such waiver will only be valid if the park owner completes the closure hearing process within year.

C. Residents who are eligible for relocation assistance shall be entitled to the assistance required by the City as a condition of closure even if they move out of the park before the City’s final determination concerning required relocation assistance.

D. 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 park owner has given the six months’ notice of closure required by the Civil Code Section 798.56 and that six-month period has elapsed, and

2. The City’s decision approving the closure is final, and

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

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

(Ord. 16-03 § 2)

Before executing a rental agreement, the park owner shall advise, in writing, each prospective new resident that a development application for park closure has been filed, or that the park has been determined to be undergoing closure due to reduced occupancy, and that the new resident may not be entitled to any relocation assistance.

(Ord. 16-03 § 2)

A. Relocation Impact Report Completion and Notice. Within 30 days after receipt of the relocation impact report, the Director shall determine whether the relocation impact report is complete and provide notification of the determination to the applicant. When a complete relocation impact report has been filed, the Director shall set a time, date and place for a hearing before the Planning Commission within 60 days of the date that the Director determines the relocation impact report is complete. Such time may be extended to the extent necessary to comply with any State regulations including the California Environmental Quality Act.

At least 15 days prior to the hearing, the Director shall mail notice to the applicant and mobilehome owners and residents of the date, time and place of the hearing. At least 15 days prior to the hearing, the Director shall cause the property to be posted with a notice of the date, time and place of the hearing. The notice of the hearing shall contain a general explanation of the matters to be considered by the Planning Commission.

B. Distribution of Relocation Impact Report to Residents. Within 15 days of receiving notification that the relocation impact report has been accepted as complete, but no later than 15 days prior to the hearing held pursuant to Section 8.17.210, the applicant shall provide a copy of the report to a resident of each mobilehome.

(Ord. 16-03 § 2)

The Planning Commission shall conduct a hearing to review the relocation impact report. At the conclusion of the hearing, the Planning Commission shall render its decision. The Planning Commission decision shall be in the form of a recommendation to the City Council of approval, conditional approval or disapproval of the relocation impact report. The Planning Commission shall recommend approval of the relocation impact report if it finds the applicant and the relocation impact report have satisfactorily addressed the following:

A. The relocation impact report contains the required information.

B. The proposed change of use is consistent with the General Plan, any applicable Specific Plan, or any similar State law or City ordinance.

C. The applicant has complied with all applicable notice requirements as provided for in Government Code Sections 65863.7(b) and (c), 66427.4(c), and Civil Code Section 798.56, and each mobilehome owner and resident has had adequate notification of the proposed closure.

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

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

(Ord. 16-03 § 2)

The City Council shall conduct a hearing to review the relocation impact report within 60 days of the date of the decision of the Planning Commission. Notice of the City Council hearing shall be provided in the same manner as required for notice of a Planning Commission hearing in this chapter. The Council may consider all relevant evidence presented at the hearing and shall render its findings and decision within 60 days therefrom. The Council shall approve the relocation impact report if it finds that the applicant and the relocation impact report have satisfactorily addressed the following:

A. The relocation impact report contains the required information.

B. The proposed change of use is consistent with the General Plan, any applicable Specific Plan, or any similar State law or City ordinance.

C. The applicant has complied with all applicable notice requirements as provided for in Government Code Sections 65863.7(b) and (c), 66427.4(c), and Civil Code Section 798.56, and each mobilehome owner and resident has had adequate notification of the proposed closure.

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

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

(Ord. 16-03 § 2)

The City shall not take final action on a development application until the City Council has approved the relocation impact report. Public hearings on any development application for the park site shall not be held in conjunction with, or on the same night as any public hearing on the relocation impact report.

(Ord. 16-03 § 2)

A park is deemed to be undergoing closure or cessation of use when 25% or more of the spaces are vacant.

A. Statements of Reduced Occupancy. At the time of 25% vacancy, the park owner shall file a statement explaining any known reasons for the reduced occupancy and any intention to change the use. A resident may also file a statement of reduced occupancy and shall indicate the spaces the resident believes to be vacant.

1. Statement 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.

2. Statement Filed by Residents. If residents file a statement of reduced occupancy, the statement must be signed by no less than 10% of the residents of the mobilehome park, and the Planning Commission shall determine the correctness of the statement at a noticed public hearing.

3. Hearing. The Planning Commission shall conduct a hearing on a statement filed by residents following the procedures in Sections 8.17.200 and 8.17.210. Notice of the time and place of any public hearing described in this subsection shall be given to the park owner, mobilehome owners and residents and posted at all entrances of the park at least 30 days before the hearing.

B. Notice of Closure and Relocation Impact Report. Written notice of closure due to reduced occupancy shall be issued to the park owner, mobilehome owners, and residents with proof of service. The notice of closure shall include a reasonable period of time during which the park owner shall file a relocation impact report.

C. Waiver Request from Relocation Assistance. The park owner may request a partial or total exemption from relocation assistance obligations under Section 8.17.250 (Exemption from Relocation Assistance Obligations). The request shall be filed no later than the date established by the Director in the notice of determination under subsection B.

D. Failure to Prepare a Relocation Impact Report. The failure of the park owner to prepare a relocation impact report within the time required by the Director pursuant to subsection B of this section 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.

1. City-Initiated Relocation Impact Report Preparation. If the park owner fails to prepare or cause to be prepared a relocation impact report within such required time, the Director shall cause such report to be prepared.

2. Statement of Cost of Preparation. Upon completion of such report, the Director 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 30 days after presentation of such statement, the Director shall prepare a report on such expense 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 30 days’ written notice thereof by certified mail.

3. City Council Hearing on Relocation Impact Report Cost. At the time and place fixed for receiving and considering the Director’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 for the cost of the report. The Director shall attend such meeting with his or her record thereof, and upon such hearing, the City Council shall make such modifications in the proposed assessment thereof as it may deem necessary, after which such report and assessment shall be confirmed by resolution.

4. Collection of Relocation Impact Report Cost. 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. The Director of Finance shall cause the amount of the assessment to be entered on the City assessment roll opposite the description of the particular property, and the amount shall be collected with all other taxes thereon upon the property. Thereafter such amounts shall be collected at the same time, and in the same manner, as general City taxes are collected and shall be subject to the same penalties and interest, and the same procedure and sale in case of delinquency as provided for City taxes. All laws and ordinances applicable to the levy, collection and enforcement of City taxes are hereby made applicable to such special assessment.

(Ord. 16-03 § 2)

If the 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. The request shall be filed with the relocation impact report.

A. Disclosure to Residents. The applicant shall notify residents of the request for exemption from relocation assistance obligations.

B. Required Information. To justify the basis for the request of exemption from relocation assistance obligations, the applicant shall provide the following information with the relocation impact report:

1. Financial Statements. 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, audited by a certified public accountant;

2. Statement of Repairs and Improvements. A statement made under penalty of perjury by a statelicensed 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 audited 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 Director’s discretion, the applicant may be required to hire another licensed general contractor selected by the Director to analyze the submitted information from another licensed general contractor selected by the Director;

3. Estimated Relocation Costs. The estimated total cost of relocation assistance based on the requirements of Section 8.17.140 (Relocation Assistance) and as determined by the relocation specialist;

4. Appraised Value Estimate. A comparison by an appraiser from the Director’s list of the estimated values of the property if it were to continue as a mobilehome park, and if the park were developed according to the proposed redevelopment of the park; and

5. Additional Information. Other information the applicant believes to be pertinent, or which may be required by the Director.

(Ord. 16-03 § 2)

Closure approvals shall expire one year after the date they are issued. The Director may deny or grant a request for an extension of time of closure approval. The Director may upon 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. The applicant may appeal the denial of a request for an extension to the Planning Commission.

(Ord. 16-03 § 2)

The City Council shall by resolution establish the reasonable fee to cover the cost of administering this ordinance and shall assess such fees to the applicant.

(Ord. 16-03 § 2)

If the closure of a mobilehome park results from an adjudication of bankruptcy, the provisions of this ordinance shall not be applicable to an applicant when a court of competent jurisdiction has determined in connection with a proceeding in bankruptcy that the closure of the mobilehome park is necessary and that such court has taken further action, which would preclude the payment of relocation assistance benefits.

(Ord. 16-03 § 2)