Windsor Municipal Code Ch. 2 Conversion of Mobile Home Parks to Other Uses

The Town Council hereby does find and determine that the following local conditions and circumstances exist within the Town of Windsor and that they make necessary and appropriate the regulations contained within this ordinance:

a. Statistically, the mobile home park vacancy rate averages under one (1%) percent, with a shortage of parks, and no new ones being built. The cost of moving a mobile home today is exorbitant and averages over six thousand ($6,000.00) dollars. Over fifty (50%) percent of the residents are over sixty-five (65)—social security is the primary source of income for over seventy (70%) percent and many residents are either single or widowed. This is affordable housing and needs to be preserved. There is a great need to prevent excessive space rent increases which could result in threats to health and safety and possible economic eviction.

b. Closure of such a park would have a substantial adverse economic effect on these residents. When a mobile home in an existing park is sold it is generally sold in place; a mobile home in an existing park is not often moved from its location once it has been placed in a park. There are a few vacant spaces in the mobile home parks within the immediate vicinity of the Town, and the number of vacant spaces in Sonoma County is small. Relocating homeowners in an area in excess of thirty (30) miles from their existing home creates a special hardship, particularly for elderly residents, who need to be in social service support networks. A move in excess of thirty (30) miles would seriously disrupt these support resources, would jeopardize the jobs of those residents currently employed, and would not constitute adequate replacement housing for such residents.

c. Due to the above circumstances, spaces in the existing mobile home park in the Town represent an important component of the housing stock of the Town especially for senior citizens and persons of low/moderate incomes.

d. Unless mitigation measures are undertaken, the conversion of mobile home parks to other uses would have a substantial adverse economic effect upon the homeowners and residents in terms of cost of relocation, including the significantly higher cost of other types of housing in the immediate area if such homeowners cannot relocate to other mobile home parks. Mobile home owners often have invested substantial sums in the acquisition, installation and maintenance of their mobile homes. For most residents, these units represent their sole or principal financial asset. One result of conversion, unless mitigated, can be the destruction of the value of the mobile home. This destruction of value would be a direct cost of relocation and would adversely affect the homeowners' ability to find adequate replacement housing, so that it is important to provide reasonable relocation assistance to avoid such an adverse effect.

e. It is the policy of State law, as enunciated in Government Code Sections 65863.7 and 66427.4, that prior to the conversion of a mobile home park to other uses, or prior to the closure of a park or the cessation of use of the land as a mobile home park, or at the time of filing of a subdivision map for a subdivision resulting from any such conversion, the proponent of the proposed change of use must file a report on the impact of such change with the public agency having jurisdiction over the mobile home park, and the agency shall have the power to require measures to be undertaken to mitigate the adverse impacts of such conversion upon the ability of displaced residents to find adequate replacement housing.

(Ord. No. 95-58 § 1)

It is the purpose of this chapter to provide for procedures and standards for the conversion, closure, or cessation of use of a mobile home park so as to implement State law, to mitigate the adverse impacts of park closure on the displaced residents' ability to find adequate replacement housing, taking into account the particular local conditions existing within the Town of Windsor, while providing economically viable and reasonable use of the mobile home park land to park owners. This chapter will serve to inform park owners and homeowners of their respective rights and obligations, including specific identification of the reasonable costs of relocation so as to promote certainty between the parties and to achieve the purposes of this chapter. It is important to adopt these standards both for existing and future parks, so that both existing and future park owners and homeowners are apprised of their obligations and rights.

(Ord. No. 95-58 § 2)

As used in this chapter, the following words and phrases shall have the following meanings:

a. Change of use shall mean a use of a mobile home park for a purpose other than the rental, or the holding out for rent, of two (2) or more mobile home sites to accommodate mobile homes for human habitation. Change of use includes, but is not limited to, a change of the park or any portion thereof to a condominium, stock cooperative, or any form of ownership wherein spaces within the park are to be sold, and the cessation of use of all or a portion of the park, whether immediately or on a gradual basis, or the closure of the park. Change of use shall not include mere purchase of the park by its existing residents.

b. Commercial coach shall mean a structure transportable in one (1) or more sections, designed and equipped for human occupancy for industrial, professional or commercial uses and shall include a trailer coach as defined in Section 635 of the Vehicle Code.

c. Comparable housing shall mean housing which is comparable in floor area and number of bedrooms to the mobile home to which comparison is being made, which housing meets the minimum standards of the State Uniform Housing Code.

d. Comparable mobile home park shall mean any other mobile home park substantially equivalent in terms of park condition amenities and other relevant factors.

e. Date of application for change of use shall mean the date of filing of an application for rezoning, General Plan amendment, use permit, site development permit or other discretionary development approval under the Town Code, which application seeks approval of a change of use of a mobile home park.

f. Eligible mobile home owner shall mean a mobile home owner whose mobile home was located in a mobile home park on the earlier of the following:

1. The date of application for a change of use;

2. The date of filing of a notice of determination that the park is undergoing a change of use pursuant to Section 8-2-125 if such notice was filed.

g. Homeowner shall mean the registered owner or owners of a mobile home, who has a tenancy in a mobile home park under a rental agreement.

h. Mobile home shall mean:

1. A structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the Vehicle Code;

2. A mobile home, as defined in Section 18008 of the Health & Safety Code; or,

3. A manufactured home, as defined in Section 18007 of the Health & Safety Code.

i. Mobile home does not include:

1. A recreational vehicle, as defined in Section 799.29 of the Civil Code and Section 18010 of the Health & Safety Code, except when such a vehicle has continuously remained within a mobile home park for a period in excess of nine (9) months;

2. A commercial coach, as defined in Section 18001.8 of the Health and Safety Code; or

3. Factory-built housing, as defined in Section 19971 of the Health & Safety Code.

j. Mobile home park shall mean an area of land where two (2) or more mobile home sites are rented, or held out for rent, to accommodate mobile homes used for human habitation, including areas of land zoned or otherwise approved for use as a mobile home park pursuant to the Town Code.

k. Mobile home site shall mean an area within a mobile home park shown as being occupied by or designated for occupancy by an individual mobile home.

l. Mobile home tenant shall mean a person who occupies a mobile home within a mobile home park pursuant to a bona fide lease or rental agreement with the mobile home owner and who, during his or her tenancy, was not the owner or member of the immediate household of the mobile home owner.

m. Resident shall mean a person lawfully residing in a mobile home park, and includes a mobile home owner, mobile home tenant or member of the immediate household of the mobile home owner or mobile home tenant.

(Ord. No. 95-58 § 4)

The Town Manager shall compile and maintain a list of persons, firms and organizations with proven expertise in the fields of housing and relocation of persons displaced from housing. Those listed shall be familiar with the region's housing market and qualified to assist residents in locating replacement housing, to render financial advice on qualifying for various housing types, to explain the range of housing alternatives available, to gather and present to persons needing housing relocation assistance adequate information as to available housing, and shall be able to transport persons unable to drive to housing alternatives.

(Ord. No. 95-58 § 4)

a. Any person who files an application for a rezoning, General Plan amendment, subdivision map, use permit, site development permit or for any other discretionary development approval under the Town Code for the purpose of a change of use of a mobile home park shall file a report on the impact of the change of use upon the residents of the mobile home park in compliance with the requirements of this section not later than the date of filing of the first such application necessary to authorize such change of use. No such application shall be considered or deemed completed or processed for consideration and approval unless and until such conversion impact report shall have been filed as required by this section. Copies of the report shall be made available upon demand at the on-site office in the proposed project, during regular business hours, to mobile home owners and mobile tenants.

b. The report shall address the availability of adequate replacement housing in mobile home parks and the costs of relocating displaced residents. In order to adequately evaluate and address those issues, the report shall contain the following information:

1. A legal description of the park.

2. The number of mobile home spaces in the park, length of residency for each resident of each space, and current rental amount for each space.

3. The names, mailing addresses, and mobile home site identification numbers of all persons owning mobile homes within the mobile home park and of all mobile home tenants within a period commencing on the earlier of the following dates:

(a) The date of application for change of use;

(b) The date of filing of a notice of determination that the park is undergoing a change of use pursuant to Section 8-2-125 if such notice was filed prior to the application.

4. The number of residents in each space, their age, and the number of residents who are handicapped or have minor children.

5. Information on whether residents have been offered the opportunity to buy the park.

6. Notification by converter to residents at least ninety (90) days in advance of filing the report.

7. The age of each mobile home within such park, including the type of mobile home, width characteristics, size, and number identifying the mobile home site being occupied.

8. A property report describing the condition and estimating the remaining useful life of each of the following elements of each applicable structure and system situated within the project proposed for conversion, excluding mobile homes: roofs, foundations, exterior paint, paved surfaces, mechanical systems, electrical systems, plumbing systems, sewage systems, swimming pools, sprinkler systems for landscaping, utility delivery systems, central or community heating and air conditioning systems, fire protection systems including any automatic sprinkler systems, alarm systems or standpipe systems, and structural elements. For an element whose useful life is less than five (5) years, a replacement cost estimate shall be provided. Such report shall be prepared by an appropriately licensed contractor or registered civil or structural engineer.

9. A boundary map showing the location of all existing easements, structures, mature and/or scenic trees, and other improvements upon the property.

10. A list of vacant mobile home sites in comparable mobile home parks within the Town of Windsor. The list shall contain a schedule of site rental rates for each park listed and the criteria of the management of each park for acceptance of new tenants and used mobile homes.

11. List of known available alternative housing in Sonoma County and rents.

12. A designation of the names, addresses and telephone numbers of one (1) or more housing specialists from the list compiled by the Town Manager pursuant to Section 8-2-120, and the names, addresses and telephone numbers and fee schedules of persons qualified as mobile home movers and of persons who are qualified appraisers of mobile homes. There shall be included an explanation of the services which the housing specialists will provide. The applicant may designate other housing specialists, mobile home movers, and appraisers; provided, however, that use of any such persons pursuant to this chapter shall be subject to approval by the Town Manager.

13. A relocation plan, which will include a timetable for implementing the physical relocation of mobile homes and the implementation of relocation assistance.

14. The proposed organizational documents and true copies of any and all documents submitted to the California Department of Real Estate for the proposed conversion project if applicable.

15. Description of proposed new use of mobile home park.

16. Such other documents or information as the Town Manager may reasonably require to further the purposes of this chapter.

(Ord. No. 95-58 § 5)

a. Whenever twenty (20%) percent or more of the total number of mobile home sites of a mobile home park are uninhabited and such situation was not caused by physical disaster, including but not limited to, fire, flood, storm, earthquake, landslide, or by another condition beyond the control of the owner of the mobile home park, the owner of such park shall file with the Town Manager a written notice to such effect. For purposes of this chapter, a mobile home site is "uninhabited" when it is either (1) unoccupied by a mobile home, or (2) occupied by a mobile home in which no persons reside. The existence of the condition described in this section, when determined by the procedures of this section, shall be deemed a "change of use" for purposes of this chapter.

b. Whenever a resident of a mobile home park or other interested person has reason to believe that such park is uninhabited and that such situation was not caused by physical disaster, including but not limited to fire, flood, storm, earthquake, landslide, or by another condition beyond the control of the owner of the mobile home park, such resident may file a written statement to that effect with the Town Manager. Such statement shall indicate the particular sites which the resident or other interested person believes to be uninhabited. Upon receipt of such statement, the Town Manager shall cause an investigation and inspection to be conducted as to the correctness of such statement. Upon completion of the investigation and inspection, he or she shall conduct a public hearing as to the correctness of the statement. At the hearing the owner of the mobile home park and any interested person thereof may present evidence as to the correctness of the statement. At the conclusion of the hearing, the Town Manager shall make a determination as to whether the statement is or is not correct and whether the mobile home park is undergoing a change of use.

c. Upon the filing of a notice pursuant to paragraph a. or the making of the determinations pursuant to paragraph b., the Town Manager shall transmit to the owner of the mobile home park a written notice by certified mail, return receipt requested, or by personal service, which notice shall state, if a notice was filed pursuant to paragraph a., that the mobile home park is determined to be undergoing a change of use, or, if the determination was made pursuant to paragraph b., or, if the determination was made pursuant to paragraph b., that such park is determined to be undergoing or not to be undergoing a change of use, as the case may be. If the determination was made pursuant to paragraph b., written notice thereof shall be given to the owner or the mobile home park, the person who filed the statement and the mobile home park residents. A notice of determination of change of use shall also direct the owner to prepare a report pursuant to Section 8-2-120 and the Town Manager shall establish a reasonable period of time for the preparation of such report. Upon the filing of a completed report, a hearing date before the Planning Commission will be set by the Council.

d. The determination of the Town Manager pursuant to paragraph b. may be appealed by the person who filed the statement, by the owner of the mobile home park, or by any other interested person by filing a written notice of appeal with the Town Clerk not more than fifteen (15) calendar days after the date of the notice of determination. The Town Council shall conduct a hearing on the appeal. At the conclusion thereof the Town Council shall render a decision on the correctness of the statement and determination.

e. The provisions of this section shall not be applicable if an application for conversion of a mobile home park has been filed pursuant to this chapter prior to the filing of a notice pursuant to paragraph a., or of a written statement pursuant to paragraph b., where such application is pending.

f. For purposes of the ensuing sections of this chapter, the owner of a mobile home park whose mobile home park shall have been determined by the Town Manager to be undergoing a change of use shall be deemed to be an "applicant".

(Ord. No. 95-58 § 6)

a. Not less than fifteen (15) days prior to the scheduled public hearing before the Planning Commission on the report, the applicant shall transmit to the homeowner and to any tenant of each mobile home occupying a mobile home site within the park and to all other persons described in Section 8-2-120b. a copy of the report, a copy of this chapter, and notices of the dates, times and places of the public hearing on the report and the informational meeting required to be held pursuant to paragraph c.

b. Not less than ten (10) days prior to the date of the public hearing, the applicant shall cause to be filed with the Town Manager a statement under penalty of perjury that he or she has complied with the requirements of this section pertaining to transmittal of copies of the report and copies of this chapter, and to the notices of the public hearing on the report and on the informational meeting or meetings.

c. Not less than ten (10) days prior to the scheduled public hearing before the Planning Commission on the report, the applicant shall conduct an informational meeting for the residents of the mobile home park regarding the status of the application for conversion or the impending change of use, the timing of proposed relocation of residents, proposed relocation costs and assistance, and the contents of the report. The meeting shall be conducted on the premises of the mobile home park. The housing specialist or specialists designated in the report shall be present at such meeting.

d. Not less than five (5) days prior to the public hearing on the report, the applicant shall file with the Town Manager a statement made under penalty of perjury that he or she has complied with the requirements of paragraph c. Such statement shall state the date, time, and place where such meeting was conducted.

(Ord. No. 95-58 § 7)

a. The applicant shall include within the report the steps the owner proposes to mitigate any adverse impact on the ability of displaced park residents to find adequate housing in a mobile home park, including the reasonable costs of relocation. The Town Council, upon reviewing the report and recommendation of the Planning Commission, shall require the applicant to take steps to mitigate such adverse impact which shall not exceed the reasonable costs of relocation, except where and to the extent that any such applicant shall have been exempted from any such requirement pursuant to Section 8-2-140.

1. As used in this section, the reasonable costs of relocation shall include: the cost of relocating a displaced homeowners' mobile home, accessories and possessions to a comparable mobile home park within thirty (30) miles of its existing location, including costs of disassembly, removal, transportation, and reinstallation of the mobile home and accessories at the new site, and replacement or reconstruction of blocks, skirting, siding, porches, decks, awnings or earthquake bracing if necessitated by the relocation; indemnification for any damage to personal property of the resident caused by the relocation; reasonable living expenses of displaced park residents from the date of actual displacement until the date of occupancy at the new site; payment of any security deposit required at the new site; and the difference between the rent paid in the existing park and any higher rent at the new site for the first twelve (12) months of the relocated tenancy.

2. If the Town Council determines that a particular mobile home cannot be relocated to a comparable mobile home park within thirty (30) miles of its existing location, and the homeowner has elected to sell his or her mobile home, the reasonable costs of relocation shall include the cost of purchasing the mobile home of a displaced home owner at its in-place market value. Such value shall be determined after consideration of relevant factors, including the value of the mobile home in its current location, assuming the continuation of the mobile home park in a safe, sanitary and well-maintained condition, and not considering the effect of the change of use on the value of the mobile home. Any interested person may present evidence on any relevant factors in determining in-place value. The appraisal is to be made no more than sixty (60) days prior to its submittal.

3. All eligible homeowners and all mobile home tenants of eligible homeowners shall be provided with the services of one (1) or more housing experts to assist them in relocating to available and adequate housing upon their request. Any such experts shall be those approved pursuant to Section 8-2-120b., 12. herein.

4. For those who move to a multiple or two (2)-family dwelling, provision of a rent subsidy for up to twenty-four (24) months. Rent shall not exceed the fair market rent for new construction and substantial rehabilitation for the Sonoma County area as established by the U.S. Department of Housing and Urban Development. "Rent subsidy" is the difference between the rent of the multiple or two (2)-family dwelling and the rent of the mobile home space or mobile home on the date of the notice of intention to convert.

b. No benefits shall be provided to any person who is renting a mobile home from the owner of the mobile home park where such person shall have executed a written agreement with such mobile home park owner waiving his or her rights to any such benefits. No such waiver shall be valid unless it contains the text of this section, and unless such person shall have executed a written acknowledgment that he or she has read and understands his or her rights pursuant to this chapter and knowingly agrees to waive them.

c. In order to facilitate the intentions of the homeowners or tenants and an applicant for a change of use with regard to a change of use, the parties may agree to other mutually satisfactory relocation assistance. To be valid such an agreement shall be in writing, shall include a provision stating that the homeowner or tenant is aware of the provisions of this ordinance, shall include a copy of this ordinance as an attachment, shall include a provision in at least ten (10) point type which clearly states the right to seek and the importance of obtaining an attorney's advice prior to signing the agreement, and shall be drafted in form and content otherwise required by applicable State law. No person signing a relocation assistance agreement provided for in this section may contest the adequacy of the report at the hearing on such report.

d. No waiver by an eligible mobile home owner or mobile home tenant of any of his or her rights pursuant to this section shall be valid or effective for any purpose except with regard to a relocation assistance agreement as provided in paragraph c. herein.

(Ord. No. 95-58 § 8)

a. Any person who files an application for change of use of a mobile home park may, simultaneously with such application, file an application for total or partial exemption from the obligation to provide relocation costs and assistance pursuant to Section 8-2-135. The owner of a mobile home park as to whom the Town Manager has made a determination of change of use pursuant to Section 8-2-125 may also file such an application for exemption not later than thirty (30) days from the transmittal of the notice of determination by the Town Manager pursuant to Section 8-2-125.

b. If such application is filed, notice of such application, with the information contained therein, distribution thereof to the residents of the mobile home park, and discussion of the application at the informational meeting shall be accomplished pursuant to Section 8-2-130.

c. Any such application shall state that it is made on either or both of the following bases:

1. That imposition of the full relocation obligations would eliminate substantially all reasonable use or economic value of the current use or of alternative use of the property.

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

d. Any such application made pursuant to paragraph c., 1. shall contain adequate documentation that the conditions set forth in paragraph c. exist. The Town Manager may request such additional documentation, reports and information as he or she deems necessary to evaluate the application. Such information may include:

1. Statements of profit and loss from the operations of the mobile home park for the most recent five (5) year period of the date of the application or request, certified by a certified public accountant.

2. The estimated total of relocation costs which would otherwise be required to be provided pursuant to this chapter, which shall be based upon documented surveys of available mobile home sites within Sonoma County, residents of the park who would elect to relocate and those who would elect to sell their mobile homes, and the value of the mobile homes in the park based upon recent sales of representative mobile homes in the park.

3. An estimate of the value of the mobile home park by a qualified real estate appraiser if the park were permitted to be developed for the use proposed in the application for change of use of the park, and an estimate of the value of such park by such appraiser if use of the property as a mobile home park is continued.

4. Such other information which the applicant believes to be pertinent or which may be required by the Town Manager.

e. Any such application filed pursuant to paragraph c., 2. shall be accompanied by adequate documentation as to the title, case number, and court in which the bankruptcy proceeding was held, and copies of all pertinent judgments, orders, and decrees of such court.

(Ord. No. 95-58 § 9)

a. When a request or application has been made or filed under a General Plan amendment, rezoning, tentative map, use permit, site development permit or other discretionary development permit for the proposed change of use of a mobile home park, a public hearing shall be held on the report and on any application for exemption from relocation assistance obligations either in conjunction with or prior to the public hearings held by the Planning Commission and Town Council on the amendment, rezoning, map, or permits sought.

b. The Planning Commission shall make a recommendation to the Town Council on the adequacy of the report, or on any application for exemption from relocation obligations.

c. Upon receipt of the Planning Commission' s recommendations, the Town Council shall hold a public hearing and shall make one (1) of the following determinations:

1. That the report does or does not comply with the requirements of the Town Code. If the Town Council determines that the conversion impact report does not comply with one (1) or more requirements of the Town Code, the Town Council shall indicate in which respects the report does not comply with any such requirement. If land use permits for the change of use are approved, the Town Council may condition such approvals upon specified amendments to the report.

2. That specified conditions shall be imposed upon the change of use to mitigate adverse impacts upon the ability of displaced homeowners and tenants to find adequate replacement housing in a mobile home park and to require that reasonable costs of relocation be paid as set forth in the Town Code.

3. Where an application for an exemption from relocation assistance has been made the Town Council shall make one (1) of the following findings:

(a) That the applicant shall not be exempt from relocation assistance obligations because sufficient evidence has not been shown that the cost of relocation which would otherwise be required by this chapter would eliminate substantially all reasonable use or economic value of the property for alternative uses.

(b) That the applicant or owner shall be exempt from relocation assistance obligations, in whole or in part, because he or she has shown sufficient evidence that imposition of such obligations, in whole or in part, would eliminate substantially all reasonable alternate use or economic value of the property. In making such determination, the Town Council may take into account the financial history of the mobile home park, its condition and the condition of amenities and improvements thereon, the cost of any necessary repairs, improvements or rehabilitation of such park, the estimated costs of relocation, the fair market value of the property for the proposed alternative use, the fair market value of the property for continued use as a mobile home park, and any other pertinent evidence requested or presented. In rendering its decision, the Town Council shall have the power to eliminate or waive all or portions of any type of benefit which would otherwise be applicable and shall expressly indicate in its decision any such waiver or elimination and the extent thereof.

d. Where an application for exemption from relocation assistance has been made based upon bankruptcy proceedings pursuant to Section 8-2-140c., 2. the Town Council may make the following findings: "That the application or project shall be exempt from relocation assistance obligations, in whole or in part, because a court of competent jurisdiction has determined in connection with a proceeding in bankruptcy that the closure or cessation of use of the property as a mobile home park is necessary, and because such court has taken further action which would prohibit or preclude payment of such benefits, whether in whole or in part."

e. No request or application for an amendment to the General Plan or zoning ordinance, approval of a tentative map, use permit, site development permit or other discretionary development permit for change of use of a mobile home park shall be approved unless and until the Town Council shall have first determined that the report complies with the requirements of this chapter. The approval of a total exemption from relocation assistance obligations shall have the effect of elimination of the requirement of such portion of the report. If such report is determined not to comply with the requirements of this chapter, the aforementioned requests or amendments shall not be considered further unless and until the report is revised, a public hearing upon appropriate notice is conducted thereon, and the report is determined to be in compliance with the requirements of the Town Code.

(Ord. No. 95-58 § 10)

After the date of determination that the report complies with the requirements of this chapter, the applicant shall undertake or be responsible for performance of the following obligations, except to the extent that the Town Council may have exempted the application therefrom pursuant to Section 8-2-145.

a. Not later than thirty (30) days from the date of such determination, the housing specialist or specialists shall make personal contact with each resident of the mobile home park and commence consultations to determine the applicable relocation costs and assistance to be provided. The housing specialist or specialists shall give each resident and former resident eligible to receive relocation assistance written notice of his or her rights to relocation assistance as determined by the Town Council under the Town Code.

b. Not less than one hundred twenty (120) days prior to the date any resident is required to vacate the mobile home park, any cash or monetary relocation costs required by this chapter shall be paid to such resident, to any former resident eligible for such costs, or to any person, firm or corporation performing relocation related services for the resident, as the resident may direct. If the applicant purchases the mobile home pursuant to Section 8-2-135, the owner of the mobile home shall be required to promptly submit to the applicant all documents necessary to transfer complete title and ownership of such mobile home to the applicant, free and clear of all security interests, liens, or other encumbrances.

c. The date upon which any resident of the mobile home park is required to vacate such park, or upon which any mobile home is required to be removed from the mobile home park, shall be not less than six (6) months from the date of notice of termination of tenancy pursuant to Civil Code Section 798.56(f).

d. If the owner of the mobile home park, the applicant, homeowner or tenant specifically requests that any of the time limitations required by this section be modified, the Town Council shall consider any such modification and evidence relating to the need therefore at the public hearing on the report. The Town Council shall have the power to make modifications in such time limits, both in response to a request and on its own motion in conjunction with any approval of the report, as the Town Council may deem just and reasonable.

e. All mitigation measures imposed in the approval of the report shall be fully performed as to each resident prior to or concurrently with that resident's required vacation of the mobile home park, unless otherwise provided in the mitigation measure. No resident shall be required to vacate a space unless the owner is in full compliance with all mitigation measures imposed pertaining to such resident, and has otherwise fulfilled the notification requirements above.

(Ord. No. 95-58 § 11)

No building permit shall be issued for the development of any real property which has been or is being converted from a mobile home park to another use pursuant to the Town Code unless and until the applicant or the owner of the property, as the case may be, who is responsible for payment of any required monetary relocation assistance, shall have filed with the Town Manager a verified statement made under penalty of perjury that relocation assistance payments required pursuant to this chapter have been paid. Such statement shall specify in itemized form each payee, the amount paid, the date of payment, and the type of relocation or other assistance for which each such payment was made.

(Ord. No. 95-58 § 12)

The proposed conversion to another use shall comply with all applicable Town, County, and State codes and regulations regarding health and safety. If the project does not comply with the codes and regulations at the time of approval of a Conditional Use Permit or Planned Development Permit for the project, a code compliance bond shall be submitted as required in Section 8-2-165.

(Ord. No. 95-58 § 13)

If a proposed mobile home conversion to another use does not comply with provisions of Section 8-2-160 and/or the Building Official identifies items to be corrected pursuant to that section, any Conditional Use Permit or Planned Development Permit issued pursuant to the Town Code shall require the developer to furnish a bond in an amount equal to the reasonable estimated cost of code compliance. The bond shall run in favor of individual purchasers. The bond shall provide for reasonable attorney's fees in the event of default by the principal.

(Ord. No. 95-58 § 14)

A Conditional Use Permit or Planned Development Permit issued under the Town Code for a mobile home conversion to another use may be issued prior to the time compliance has been made with the codes and regulations as hereinabove provided in Section 8-2-160, but such permit shall not become effective unless and until compliance has been made as provided in each permit.

(Ord. No. 95-58 § 15)

Without limiting the generality of the provisions relating to conditions which may be imposed upon a development permit issued under the Town Code, the Planning Director, Planning Commission or Town Council may make any Conditional Use Permit or Planned Development Permit for conversion to a mobile home conversion to another use subject to a condition requiring recreational open space in a manner and to the extent it deems reasonably necessary to achieve the purposes of this chapter.

(Ord. No. 95-58 § 16)

The developer shall furnish each prospective purchaser of an interest in a condominium mobile home park or community mobile home park pursuant to a conversion to another use a true copy of the Conditional Use Permit or Planned Development Permit issued under the Town Code and of each document required, by State law and the regulations of the California Department of Real Estate, to be provided to such prospective purchaser.

(Ord. No. 95-58 § 17)

Without limiting the generality of the provisions relating to conditions which may be imposed upon a Conditional Use Permit or Planned Development Permit under the Town Code, the Planning Director, Planning Commission or Town Council may make any Conditional Use Permit or Planned Development Permit which may be granted under this part subject to conditions requiring the following:

a. A capital contribution provided by the developer for the deferred maintenance of the common area, and the deferred maintenance or replacement of any of the elements described in the property report which are owned or maintained by any homeowner's association. Information available regarding the estimated replacement cost of those elements whose useful life is less than five (5) years may be used in determining the amount of such contribution.

b. A one (1)-year warranty provided free of charge by the developer for those systems described in the property report, as hereinabove specified, which are owned or maintained by the association. Such warranty need not cover those systems which may be covered by a substantial capital contribution by the developer for deferred maintenance.

(Ord. No. 95-58 § 18)

Because of changing conditions over time, the conversion impact report will become automatically null and void if the conversion has not occurred within eighteen (18) months of its effective date unless prior to the date of expiration it is extended by the Planning Commission or Town Council, on appeal, based on the findings that the continuation of it would not be detrimental or have a further adverse impact on the residents of the park.

(Ord. No. 95-58 § 19)

Filing fees may be set by resolution of the Town Council and shall be paid by the person or entity proposing the conversion.

(Ord. No. 95-58 § 20)

In addition to any remedies or penalties for noncompliance with this chapter, as provided elsewhere in the Town Code, any park owner or applicant who violates any rights of any home owner or mobile home tenant established under this chapter shall be liable to that person for actual damages caused by such violation, plus costs and reasonable attorney's fees. In addition, no park owner shall take any willful action to threaten, retaliate against or harass any park resident with the intent to prevent such resident from exercising his or her rights under this chapter.

(Ord. No. 95-58 § 21)

In the event any section or portion of this ordinance adopted hereby shall be determined invalid, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect.

(Ord. No. 95-58 § 22)

This chapter shall become effective thirty (30) days from and after the date of its adoption by the Town Council.

(Ord. No. 95-58 § 23)