Milpitas Zoning Code § 5.02 XI-20-2.05 - Comparable Housing

5.02-10 Any other information which the City determines is needed to address the specific issues raised by the application, the conversion impact study, and in order to implement this Section.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

Section 6 - Determination of Reduced Occupancy

XI-20-6.01 - Occupancy of Park Below 85%—Filing of Notice

6.01-1 Whenever fifteen percent (15%) or more of the total number of mobile home sites of a mobile home park are uninhabited, the owner of such park shall file with the City Manager's Designee a written notice to such effect. For purposes of this Chapter, a mobile home site is "uninhabited" when it is either:

(a)

Unoccupied by a mobile home, or

(b)

Occupied by a mobile home in which no persons reside.

The existence of the condition described by this Subsection shall be deemed a "change of use" for purposes of this Chapter.

6.01-2 If a resident believes that less than eighty-five percent (85%) of the mobile homes are inhabited, the resident may file a written statement to that effect with the City Manager's Designee. Such statement shall indicate the particular sites which the resident believes to be uninhabited. Upon receipt of such statement the City Manager's Designee shall transmit to the owner of the mobile home park a written notice by certified mail, return receipt requested, or by personal service, which shall state that such statement has been filed and the City will conduct an investigation. The City Manager's Designee shall cause an investigation and inspection to be conducted as to the correctness of such statement.

6.01-3 Upon completion of the investigation and inspection, the Planning Commission shall conduct a public hearing as to the correctness of the statement upon not less than thirty (30) days written notice to the owner and the residents of the mobile home park, and any resident thereof may present evidence as to the correctness of the statement. At the conclusion of the hearing the Planning Commission shall make a determination as to whether the statement is or is not correct. Written notice of the Planning Commission's determination shall be given to the owner of the mobile home park and the resident who filed the statement. A copy of such notice shall be filed with the City Clerk.

6.01.4 If the Planning Commission determines that the mobile home park is undergoing a change of use, the notice of determination shall also direct the owner to apply for a Mobile Home Park Conversion Permit pursuant to this Chapter, and the City Manager's Designee shall establish a reasonable period of time for

the preparation of the conversion impact report. The City Manager's Designee shall also schedule public hearings before the Planning Commission and City Council regarding granting the Mobile Home Conversion Permit if such permit is required. Such hearings shall be scheduled so as to allow adequate time for notice and distribution of the conversion impact report to mobile home owners and tenants and the scheduling of informational meetings pursuant to Section 7.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

XI-20-6.02 - Appeal of Planning Commission Determination

The determination of the Planning Commission pursuant to Subsection 6.01-2 may be appealed by the resident who filed the statement, by the owner of the mobile home park, or by any other resident thereof by filing a written notice of appeal with the City Clerk not more than fifteen (15) calendar days after the date of the notice of determination. The City Council shall conduct a public hearing on the appeal, and not less than thirty (30) days notice thereof shall be given by the City Manager's Designee to the owner of the mobile home park and the residents thereof. At the public hearing the City Council shall consider the investigation and inspection report of the City Manager's Designee, the evidence presented by the owner of the mobile home park and any resident thereof as to the correctness of the statement, and at the conclusion thereof the City Council shall render a decision on the correctness of the statement.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

XI-20-6.03 - Failure to File Conversion Impact Report-Nuisance-Abatement

The failure of the owner of a mobile home park to prepare a conversion impact report within the time required by the City Manager's Designee pursuant to Subsection 6.01-3 is hereby determined to have a severely adverse economic effect upon mobile home tenants and eligible mobile home 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. If the owner of the mobile home park fails to prepare or cause to be prepared a conversion impact report within such required time, the City Manager's Designee shall cause such report to be prepared. Upon completion of such report the City Manager's Designee shall cause a statement of the cost of preparation of such report to be sent to the owner of the mobile home park. If the owner of the mobile home park fails to reimburse the City for such cost within thirty (30) calendar days after presentation of such statement, the City Manager's Designee shall prepare an expense statement and file it with the City Clerk. The City Clerk shall thereupon submit written notice to the mobile home park owner of the time and place when the City Council shall receive and consider such expense statement and give the mobile home park owner not less than thirty (30) days written notice thereof by certified mail.