HomeMy WebLinkAbout5746 ORDINANCE NO, 5 7 4 6
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON
AUTHORIZING A NEW SECTION AND CHAPTER 14.20 OF THE
AUBURN CITY CODE AND AMENDING SECTION 14.03.010 OF
THE AUBURN CITY CODE, RELATING :1'O CLOSURE OF MOBILE
HOME PARKS
WHEREAS, the closure of mobile home parks creates a harm to the public
interest, health, safety, and general welfare through the displacement of Iow-income
households and the possible loss of a significant personal property investment; and
WHEREAS, many tenants of long-established mobile home parks own dwelling
units that could be determined by the Washington State Department of Labor and
Industries to be incapable or ineligible for relocation from mobile home parks; and
WHEREAS, many tenants of long established mobile home parks own dwelling
units deemed unacceptable by other mobile home parks due to considerations of style,
appearance, or condition and have difficulty finding vacant spaces due to the high
demand for existing mobile home spaces; and
WHEREAS, the City of Auburn Comprehensive Plan includes policy direction to
assist Iow-income households displaced as a result of redevelopment to find affordable
housing in accordance with state and federal laws and regulations; and
WHEREAS, the City recognizes the property rights of owners of property in the
City, and also recognizes the need to balance those rights with the public impacts of
displacing a large number of households in a short period of time; and
Ordinance No. 5746
March 6, 2003
Page 1 of 10
WHEREAS, the City of Auburn seeks to establish regulations for the closure of a
mobile home park that will mitigate the effects on the tenants of the mobile home park;
NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DOES
HEREBY ORDAIN as follows:
SECTION ONE. - Creation of Chapter to Auburn Municipal Code. A new Chapter 14.20
of the Auburn City Code is created to read as follows:
CHAPTER 14.20
MOBILE HOME PARK CLOSURE
Sections
14.20.010
14.20.020
14.20.030
14.20.040
14.20.050
14.20.060
14.20.070
14.20.080
14.20.090
14.20.100
14.20.110
14.20.120
14.20.130
Purpose.
Scope.
Enforcement.
Exceptions.
Penalties.
Liability.
Eviction notices for change of use or closure of a mobile home park.
Relocation report and plan.
Certificate of completion of the relocation report and plan.
Notice of provisions.
Administration.
Appeal.
Closure and government sponsorship.
14.20.010 Purpose.
The purpose of this Chapter is to provide rules, regulations, requirements, and
standards for the closure or change of use of mobile home parks in the City, insuring
that the public health, safety, and general welfare of the City shall be promoted and
protected; that orderly growth, development, and proper use of land shall be insured;
and that conformance with provisions set forth in the City comprehensive plan are
followed.
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March 6, 2003
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14.20.020 Scope.
This Chapter applies to the closure or change in use of mobile home parks. This
Chapter shall apply to all lands within the corporate boundaries of the City. Where this
Chapter imposes greater restrictions or higher standards upon the development of land
than other laws, ordinances, codes or restrictive covenants, the provisions of this
Chapter shall prevail.
14.20.030 Enforcement.
Inspection. Regarding the closure of mobile home parks, it shall be the duty of
the Planning Director to enforce the applicable provisions of this Chapter. The Planning
Director and/or his/her designee may inspect any mobile home park in order to verify
compliance with this Chapter. Failure to make such inspection shall not constitute a
waiver of any of the provisions of this Chapter. For inspection purposes, the Planning
Director and/or his/her duly authorized representative shall have the right and is hereby
empowered to enter any mobile home park.
14.20.040 Exceptions.
Upon proper application by the affected property owner to the City's Hearing
Examiner, pursuant to the provisions of the Auburn City Code (ACC), and following a
public hearing on the application, the Hearing Examiner may grant an exception from
the requirements of this Chapter when undue hardship may be created as a result of
strict compliance with the provisions of this Chapter. In deciding any exception, the
Hearing Examiner may prescribe conditions that he/she deems necessary to or
desirable for the public interest. No exceptions shall be granted unless the Hearing
Examiner finds that:
1. There are special physical circumstances or conditions affecting the
property such that the strict application of the provisions of this Chapter would deprive
the applicant of the reasonable use or development of his land; and
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March 6, 2003
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2. The exception is necessary to insure such property the rights and
privileges enjoyed by other properties in the vicinity and under similar circumstances;
and
3. The granting of the exception will not be detrimental to the public health,
safety and welfare or injurious to the property in the vicinity.
14.20.050 Penalties.
Any person, firm, corporation or association, or any agent of any person, firm,
corporation or association who violates the provisions of this Chapter shall be guilty of a
misdemeanor and upon conviction be subject to a fine not to exceed One Thousand
Dollars ($1,000) for each such violation, or imprisonment for a period not to exceed
ninety (90) days, or both such fine and imprisonment
14.20.060 Liability.
This Chapter shall not be construed to relieve from or lessen the responsibility of
any person closing a mobile home park in the City for damages to anyone injured or
damaged either in person or property by any defect therein; nor shall the City or any
agent thereof be held as assuming such liability by reason of any preliminary or final
approval or by issuance of any permits or certificates authorized herein.
14.20.070 Eviction notices for change of use or closure of a mobile home park.
A. Before a mobile home park owner may issue eviction notices pursuant to
a closure or change of use under RCW Chapter 59.21, the mobile home park owner
must first submit to the Planning and Community Development Department a relocation
report and plan that meets the requirements of ACC 14.20.080. If applying for a
change of use, the mobile home park owner shall submit the relocation report and plan
together with all other necessary applications. Once the Planning Director determines
that the relocation report and plan meets the requirements of ACC 14.20.080, the
Planning Director shall approve the relocation report and plan and return a copy of the
approved plan to the mobile home park owner. If the Planning Director determines that
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March 6, 2003
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the relocation report and plan does not meet the requirements of ACC 14.20.080, the
Planning Director may require the mobile home park owner to amend or supplement
the relocation report and plan as necessary to comply with this Chapter before
approving it.
B. No sooner than upon approval of the relocation report and plan, the owner
of the mobile home park may issue the twelve (12) month closure notice to the mobile
home park tenants. The closure notice shall comply with RCW 59.20.080 and RCW
59.21.030, as amended. No mobile home owner who rents a mobile home lot may be
evicted until the twelve (12) month notice period expires, except pursuant to the State
Mobile Home Landlord-Tenant Act, Chapter 59.20 RCW.
14.20.080 Relocation report and plan.
A. The relocation report and plan shall describe how the mobile home park
owner intends to comply with RCW Chapters 59.20 and 59.21, relating to mobile home
relocation assistance, and with ACC 14.20.070 through 14.20.120. The relocation
report and plan must provide that the mobile home park owner will assist each mobile
home park tenant household to relocate, in addition to making any State or Federal
required relocation payments. Such assistance must include providing tenants an
inventory of relocation resources, referring tenants to alternative public and private
subsidized housing resources, helping tenants obtain and complete the necessary
application forms for State-required relocation assistance, and helping tenants to move
the mobile homes from the mobile home park. Further, the relocation report and plan
shall contain the following information:
1. The name, address, and family composition for each mobile home park
tenant household, and the expiration date of the lease for each household;
2. The condition, size, ownership status, HUD and/or State Department of
Labor & Industries certification status, and probable mobility of each mobile home
occupying a mobile home lot;
3. Copies of all lease or rental agreement forms the mobile home park owner
currently has in place with mobile home park tenants;
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March 6, 2003
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4. To the extent mobile home park tenants voluntarily make such information
available, a confidential listing of current monthly housing costs, including space rent,
mobile home rent or other payments and utilities, for each mobile home park tenant
household;
5. To the extent mobile home park tenants voluntarily make such information
available, a confidential listing of gross annual income for each mobile home park
tenant household;
6. An inventory of relocation resources, including available mobile home
spaces in King, Snohomish, Kitsap and Pierce Counties, as well as mobile home age or
size restrictions each park may have in place;
7. Actions the mobile home park owner will take to refer mobile home park
tenants to alternative public and private subsidized housing resources;
8. Actions the mobile home park owner will take to assist mobile home park
tenants to move the mobile homes from the mobile home park;
9. Other actions the owner will take to minimize the hardship mobile home
park tenant households suffer as a result of the closure or conversion of the mobile
home park; and
10. A statement of the anticipated timing for park closure.
B. The Planning Director may require the mobile home park owner to
designate a relocation coordinator to administer the provisions of the relocation report
and plan and work with the mobile home park tenants, the Planning and Community
Development Department, and other City and State offices to ensure compliance with
the relocation report and plan and with State laws governing mobile home park
relocation assistance, eviction notification, and landlord/tenant responsibilities.
C. The owner shall make available to any mobile home park tenant residing
in the mobile home park copies of the proposed relocation report and plan, with
confidential information deleted. Within fourteen (14) days of the Planning Director's
approval of the relocation report and plan, a copy of the approved relocation report and
plan shall be mailed by the owner to each mobile home park tenant.
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March 6, 2003
Page 6 of 10
D. The mobile home park owner shall update with the Planning and
Community Development Department the information required under this section to
include any change of circumstances occurring after submission of the relocation report
and plan that affects the relocation report and plan's implementation.
14.20.090 Certificate of completion of the relocation report and plan.
No mobile home park owner may close a mobile home park, or obtain final
approval of a comprehensive plan or zoning redesignation until the mobile home park
owner obtains a certificate of completion from the Planning and Community
Development Department. The Planning Director shall issue a certificate of completion
only if satisfied that the owner has complied with the provisions of an approved
relocation report and plan, the eviction notice requirements of RCW 59.20.080 and
59.21.030, the relocation assistance requirements of RCW 59.21.021, and any
additional requirements imposed in connection with required City applications.
14.20.100 Notice of provisions.
It is unlawful for any party who is required to submit a relocation report and plan
to the City pursuant to this Chapter to sell, lease or rent any mobile home or mobile
home park rental space without providing a copy of such relocation report and plan to
the prospective purchaser, lessee, or renter, and advising the same, in writing, of the
provisions of ACC 14.20.070 through 14.20.120 and the status of such relocation report
and plan.
14.20.110 Administration.
The Planning Director shall administer and enforce ACC 14.20.070 through
14.20.120. Whenever an owner or an owner's agent fails to comply with the provisions
of ACC 14.20.070 through 14.20.120, the following may occur:
A. The Planning Director may deny, revoke, or condition a certificate of
completion, a permit, or another approval;
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March 6, 2003
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B. Any other City permits or approvals may be conditioned on the owner's
successful completion of remedial actions deemed necessary by the Planning Director
to carry out the purposes of ACC 14.20.070 through 14.20.120.
14.20.120 Appeal.
Any appeal from a determination of the Planning Director under ACC
14.20.070.A., 14.20.090, and 14.20.110.A shall be filed within fourteen (14) days of the
determination and shall be processed in accordance with the procedures established for
appeals of administrative decisions under ACC 18.70.050.
14.20.130 Closure and government sponsorship.
A. If an eminent domain action by a Federal, State or local agency causes
closure of a mobile home park and the procedures set forth in the Federal Uniform
Relocation Assistance and Real Property Acquisition Policies Act, 42 USC 4601 et seq.,
and the regulations of 49 CFR Part 24 or the Relocation Assistance - Real Property
Acquisition Policy Act of Chapter 8.26 RCW and the regulations of Chapter 468-100
WAC are followed, the requirements of those acts and regulations will supersede the
requirements of ACC 14.20.070 through 14.20.120.
B. If a condemnation action of the City causes closure of a mobile home
park, the City will be responsible for fulfilling the requirements of the standards
contained herein. If the City chooses to follow portions of the State act and regulations
and the Planning Director determine that there is a conflict or redundancy between the
portions of the State act and regulations being followed by the City, and the standards
contained herein, the State act shall take precedence in such areas of conflict or
redundancy. If the State act is followed in all respects, such act will supersede the
requirements of this seCtion and the standards contained herein.
SECTION TWO Code Amendment. Section 14.03.010 of the Auburn City Code is
hereby amended to read as follows:
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March 6, 2003
Page 8 of 10
14.03.010 Type I decisions.
Type I decisions are administrative decisions made by the city which are not subject to
environmental review under the State Environmental Policy Act (SEPA) codified at
Chapter 43.21C RCW. Type I decisions include, but are not limited to, the following
project applications:
A. Building permit;
B. Plumbing permit;
C. Mechanical permit;
D. Utility permit;
E. Special permit;
F. Excavation permit;
G. Land clearing permit;
H. Grading permit;
I. Flood control zone permit;
J. Public facility extension agreement;
K. Right-of-way use permit;
L. Lot line adjustment;
M. Home occupation permit;
N. Temporary use permit (administrative);
O. Administrative use permit;
P. Short subdivision (plat).
Q. Mobile Home Closure Plans
(Ord. 4835 § 1, 1996.)
SECTION THREE. - Implementation. The Mayor is authorized to implement such
administrative procedures as may be necessary to carry out the directives of this
legislation, including measures to verify compliance with the provisions hereof.
SECTION FOUR. - Severability. If any one or more section, subsections, or sentences
of this ordinance are held to be unconstitutional or invalid, such decision shall not affect
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March 6, 2003
Page 9 of 10
the validity of the remaining portion of this ordinance and the same shall remain in full
force and effect.
SECTION FIVE.- Effective Date.
(5) days after publication as provided by law.
This ordinance shall take effect and be in force five
INTRODUCED:
PASSED:
APPROVED:
MAR ]. ? 2003
MAR ! `2' 2003
II, AR ]. '2' 2003
PETE B. LEWIS, MAYOR
ATTEST:
'DA'NIELLE DASKAM, CITY CLERK
APPROVED AS TO FORM:
PUBLISHED: / .... ~
Ordinance No. 5746
March 6, 2003
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