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HomeMy WebLinkAbout2.a. Rosemount Woods Petition � f'� �JL � iO . . ,� R�S EXECUTIVE SUMMARY C1TY COUNCIL City Councii Work Session: July 13, 2005 AGENDA SECTION: AGENDA ITEM: Rosemount Woods Pe#ition DISCUSSION PREPARED BY: Jamie Verbrugge, City Administrator AGE,N��,�.,, � 1 ATTACHMENTS: Petition; Minnesota Statutes 2004, qppROVED BY: I 327C.095; Selected Cit Ordinances I RECOMMENDED ACTION: Give Staff Direction BACKGROUND Residents of the Rosemount Woods manufactured home park have submitted a perition to request Council action enacting an ordinance rela.ted to the process and relocation compensation for manufactuxed home park closings. ISSUE A nuxnber of inetro-area communities have adopted ordi.nances related to manufactured home pask closings. Attached for review are such ordinances fsom Apple Valley,Bloomington,Lake Elmo,and Oakdale. Each of these ordinances takes mildly diffexent approaches to the administrative process and the determination of xelocation payments due eligible recipients. Minnesota.Statutes section 327C.095 gives cities the authority to requixe additional compensarion to residents in the event of a park closing and relocation. Oakdale caps compensation at 25%of the greater of the purchase price of the park or the county assessor's valuarion of the park in that ta.x year. The othex three sample ordinances have similax language,but all thtee cap compensation at 20%. The appaxent reason for the ordinances is economic protection fox park residents. 'The nurnber of manufactured home parks in the metropolitan area is declining,accoxding to advocacy information provided bq the petitioners (fact sheet with petition in the packet). Fewer parks make xelocation within a reasonable 25-ntile radius more difficult for displa.ced residents. Based on the same infoxmation sheet, aff has nat attem ted to inde endend ve ' but has no reason to question, the majority of which st p p Y �' . urden of housin costs when manufactu.ted park residents would be economtcally disadvantaged v�nth the b g xelocation alternarives cannot be found. SUMMARY Staff requests ditection from Council. This item was briefly discussed with Council,prior to the petition and without the benefit of resource materia.l from other communities, several months ago. At that rime, Council ditected staff not to proceed with ordinance drafting review. The direction was based primaril.y on staff xesources and competing prioxities. Should Council decide to move forward with considexation of an ordinance, staff requests that it not be scheduled until la.ter this year due to continued high woxk flow. Staff is unaware of any intexest by the park owner to sell the property,or whether there have been any puxchase offers or expressions of intent by developers to acquite the propexry. ' • ATTENTION �HDMEOWNERS� . y ��� In 2000, the City of Apple Valley adopted a new cit}� ordinance offering further . protections to owners of manufactured homes in the event of a .2and sa1e. The City of Lakeville is currently going through the same process. The City of Rosemount's City Council can instruct city staff to start this process regarding Iand zoning changes if at least 35� of the homeowners in Rosemount Woods sign a petition indicating they want to pursue this. Public informat�.on and discussion meetings would follow. Th e Bottom Line: Homeowners should never find themselves in a . position of being forced ta relocate within nine months &/or have to se11 their homes for Iess than fu11 market value. ****,�,�**********************************,�*********,�********* Please sign this Petition, then take it to: � 2884 138th St W ->You can p.Iace it in the white mail box on the front steps; they�ll be caZlected daily for the next 30 days. *********w********************+******,�*********************** . . when enough signatures are col�ected, they wi11 then be given to city staff to authorize starting the process. � Thank You! LaVonne K Woodruff Return this to 2884 138� Street West in Rosemount Woods. The xoME0�+7NERS in Rosemount Woods request a new ordinance regarding land zoning changes and respectfully ask the City of Rosemount to pursue this matter on their behalf, under the authority of Minnesota Statute 327C.095. PRINT PLEASE HOr3E0wxER�S (onlY) NAME (last, first, middle initial) : STREET ADDRESS: PHONE: 651/ - EMAIL: (optional) HOMEOwNER�S (only) Signature: DATE: , 2Q05 PARK CLOSINGS ARE SWEEPING ACROSS THE STATE "+ _; •SinCe 2004, 3 n�obile hu►ne parl-s have closed in Minnesota,e[irninatutg 88 units ujafjordable housing. •Six additiona!f,ar/cr have annn7�nced closure. W7�en these parh,s close,a tota!of l89 units will have been/os't sinc.e 2004. •.4ppraximatelv 80%ojb�etro.4rea park{tvuseholds are lower i�:come,including senior eftlzens,single muthers, recent in�niigrants and people on fixed anco�rres. •The vast rnc jority ojpark hausefcolds•own their homes. •:The estimated cost nf nzoving a sifiglcnt�ide mobile l�orne in die metro area is x4,300 to 5'6,6U0. •The estimated cost ofmoving a duublewide mobile horne iri the n�etro area is$9.A00 to,512;000 ' •tifany reside�rls fear th�t thc;��►vould/iave no plr�cc to�o, tit�oztld b�u�table 10 afford to move,and cou/d bec.ome hon�etess fn the event vJ'a park closino. •Residents i+�ill likely see a 1 U0�%increase or greater in their hvusinc costs ij�hev are furced tu naove irtto an apartneent as a result ora p¢r/r closin�. • •The esti�nated c�s!ojrelocating residents w�ould likely be just a sinall perce�ttage of wh¢t the park owner could make fro�n setlurg the park. ENSURE PROTECTION FOR ROSEMOUNT PARIC RESIDENTS •Rosemount ha.r one mobile honie park, wdth appro.zdmately 18.5 hvus•ehnlds. •b��itfi higher land values ared the t!u•eat of redevelopment,the possibilin�vf the purk closing is alwai:s a risk. •Close 10 400 penple live in tlre p¢rk �State law giti�es cities tfre ar�rhority to reqeiire�ark owners to conepensate residents for reasaiable relocaziwr expenses due to purk closin�s. •!6 Minnesota cities have passed park-closin�ordina�rces guaranteeing protectior�for mobile home park residents in tlieir community ijtheir parks•ever close. •L:11 of tlrese cities,ordinances were passed whc:n there werc no parks closing. Thep were passed as proactive measures to establish,�iidelines for f uure closi�:gs. •Apple V¢Ilev,Shakopee and BurnsH•ille u/1 hui�e park clusirtg orcfinUnces. •The city oJl.c.xingtvn recently pas•s�d un nrdinance in December 2004. Hrarnerd pas,sed an ordinance in A�ri13005. TO OUR KNOWLE�GE, YOUR PARKlS NOT CLOSING AT THIS TIME. THIS ORDINANCE WOULD BE TO ESTABLlSH PROTECTIONS IN CASE lT FVER DOES. Minnesofa Statutes 2004 Table of Chapters Table of contents for Chapfer 327C 327C.23 Freedom of expression. No park owner shall prohibit or adopt any rule prohibiting residents or other persons from peacefully organizing, assembling, canvassing,leafleting or otherwise exercising within the park their right of&ee expression for noncommerciaP purposes. A park owner may adopt and enforce rules that set reasonable limits as to rime,place and manner. HIST: 1982 c 526 art 2 s 13. Copyright 2004 by the Office of Revisor of Statutes, State of MN i,.... R' �� . - . . . . . . F. .� � . , � � �., F., . . •,Lq u� � i a �. ` ;1 i� t { �r°r�i�� t r°;�' � .. .� _ �' r. yt�x . . � � . . . . �iF��3't1��� � j zti ., � ;i� 7 ��'���� �� ,� t �;:� � � �`r'� �. � ,� . . �a��.� � } ..¢.� >y'.; L � ���$�� ,-Y ;, �'a'�� : i ., a''��t3�� b � � . � �i�ty�����5� � t �,r rs �.. �;� .r .e ,�'� t rPx�ty�}4 . . . . 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E,�krs '��s s81�.�;Y a i, C,�, b,. R+'�+�a a ��a k 6 � . . . . ' �'.1r�\��*' 3 r �.. r 1_. 1 . ���• � ! �i"- Tf`� � � � . . . � ?�' i r � .�l` L7?� h. �. '(� . �.I�I�yi�. ? l �,, F�'',� 'Y. � . . ., f .. � �'. : . . . .. . . . . ,.�, . . . . � . . � � � i.va wt'Sta,�.,.;r.a� ..,.. � � ... .. . .. . r �� , ROSE1�✓1QLINT ADMINISTRATION June 9, 2005 LaVonne Woodruff 2884 138� Street West Rosemount, Minnesota 55068 Dear Ms. Woodruff The City has received the request from residents in Rosemount Woods to consider a new ordinance related to manufactured home paxk closings based on Minnesota State Statutes 327C.095. City Staff has previously discussed this request briefly with the City Council, based on your earlier communication requesting such consideration, at a City Council work session. City Council chose not to direct staff to conduct research and draft ordinance language. This direction was not based on any lack of sympathy for neighborhood residents, but was based on the amount of staff tirrie and resources necessary to conduct the research and the amount of time that staff currently has available due to other high priority projects. As a result of the neighborhood request, staff will perform some background research to present to City Council, along with the petition, at a Citp Council work session in July. We will notify you in advance of that meeti.ng so that you or other representatives of the neighborhood can attend the meeting. Please do not hesitate to contact me with any further questions or additional information that you map wish to provide in advance of that meering. Sincerely, � Jamie Verbrugge City Administrator C: Rosemount City Council SPIRIT OF PR1DE AND PROGRESS Rosemount City Hali • 2875 145th Street West • Rosemount, MN 55068-4997 651 -423-4411 • TDD/TTY 651 -423-6219 • Fax 651 -423-4424 www.ci.rosemount.mn.us Minnesota Statutes 2004, 327C.095 Page 1 of 4 � Legislature Hame{Links to the World�Help�Advanced Search ���n` � ���,. �����. � House � Senate � Joint Departments and Commissions � Bil!Search and Status ( Statutes, Laws,and Rulss Minnesota Statutes 2004, 327C.095 Copyright 2004 by the Office of Revisor of Statutes, State of Minnesota. Minnesota Statutes 2004, Table of Chapters Table of contents for Chapter 327C 327C.095 Park closings. Subdivision 1. Conversion of use; minimum notice. At least nine months before the conversion of all or a portion of a manufactured home park to another use, or before closure of a manufactured home park or cessation of use of the land as a manufactured home park, the park owner must prepare a closure statement and provide a copy to the local planning agency and a copy to a resident af each manufactured home where the residential use is being converted. A resident may not be required to vacate until 60 days after the conclusion of the public hearing required �ander subdivision 4. If a lot is available in another section of the park that will continue to be operated as a park, the park owner must allow the resident to relocate the home to that lot unless the home, because of its size or local ordinance, is not compatible with that lot. Subd. 2. Notice of hearing; proposed change in land use. If the planned conversion or cessation of operation requires a variance or zoning change, the municipality must mail a notice at least ten days before the hearing to a resident of each manufactured home in the park stating the time, place, and purpose of the public hearing. The park owner shall provide the municipality with a list of the names and addresses of at least one resident of each manufactured home in the park at the time application is made for a variance or zoning change. Subd. 3. Closure statement. Upon receipt of the closure statement from the park owner, the local planning agency shall submit the closure statement to the governing body of the municipality and request the governing body to schedule a public hearing. The municipality must mail a notice at least ten days before the hearing to a resident of each manufactured home in the park stating the time, place, and purpose of the public hearing. The park owner shall provide the municipality with a list of the names and addresses of at least one resident of each manufactured home in the park at the time the closure statement is submitted to the local planning agency. Subd. 4. Public hearing; relocation costs. The governing body of the municipality shall hold a public hearing to review the closure statement and any impact that the park closing may have on the displaced residents and the park owner. Before any change in use or cessation of operation and as a condition of the change, the governing body may require a payment by the park owner to be made to the displaced resident for the reasonable relocation costs. If a resident cannot relocate the home to another manufactured home park within a 25 http:/lwww.revisor.leg.state.mn.us/bin/getpub.php?pubtype=S TAT_CHAP_SEC&year=current&section=3... 6/7/2005 Minnesota Statutes 2004, 327C.095 Page� of 4 . mile radius of the park that is being closed, the resident is entitled to relocation costs based upon an average of relocation costs awarded to other residents. The governing body of the municipality may also require that other parties, including the municipality, involved in the park closing provide additional compensation to residents to mitigate the adverse financial impact of the park closing upon the residents. Subd. 5. Park conversions. If the planned cessation of operation is for the purpose of converting the part of the park occupied by the resident to a common interest community pursuant to chapter 515B, the provisions of section 515B.4-111, except subsection (a) , shall apply. The nine-month notice required by this section snall state that the cessation is for the purpose of conversion and shall set forth the rights conferred by this subdivi,sion and section 515B.4-lll, subsection (b) . Not less than 120 days before the end of the nine months, the park owner shall serve upon the resident a form of purchase agreement setting forth the terms of sale contemplated by section 515B.4-111, subsection (d) . Service of that form shall operate as the notice described by section 515B.4-111, subseetion (a) . Subd. 6. Intent to convert use of park at time of purchase. Before the execution of an agreement to purchase a manufactured home park, the purchaser must notify the park owner, in writing, if the purchaser intends to close the manufactured home park or convert it to another use within one year of the execution of the agreement. The park owner shall provide a resident of each manufactured home with a 45-day written notice of the purchaser's intent to close the park or convert it to another use. The notice must state that the park owner will provide information on the cash price and the terms and conditions of the purchaser's offer to residents requesting the information. The notice must }�e sent by first class mail to a resident of each manufactured home in the park. The notice period begins on the postmark date affixed to the notice and ends 45 days after it begins. During the notice period required . in this subdivision, the owners of at least 51 percent of the manufactured homes in the park or a nonprofit organization which has the written permission of the owners of at least 51 percent of the manufactured homes in the park to represent them in the acquisition of the park shall have the right to meet the cash price and execute an agreement to purchase the park for the purposes of keeping the park as a manufactured housing community. The park owner must accept the .offer if it meets the cash price and the same terms and conditions set forth in the purchaser's offer except that the seller is not obligated to provide owner financing. For purposes of this section, cash price means the cash price offer or equivalent cash offer as defined in section 500.245, subdivision 1, paragraph (d) . ' Subd. 7. Intent to convert use of park after purchase. If the purchaser of a manufactured home park decides to convert the park to another use within one year after the purchase of the park, the purchaser must offer the park for purchase by the residents of the park. For purposes of this subdivision, the date of purchase is the date of the transfer of the title to the purchaser. The purchaser must provide a resident of each manufactured home with a written notice of the intent to close the park and all of the owners of at least 51 ttp://www.revisor.leg.state.mn.us/bin/getpub.php?pubtype=STAT CHAP_SEC&year=current&section=3... 6/7/2005 � Minnesota Statutes 2004, 327C.095 Page 3 of 4 percent of the manufactured homes in the park or a nonprofit -._organization which has the written permission of the owners of at least 51 percent of the manufactured homes in the park to represent them in the acquisition of the park shall have 45 days _to execute an agreement for the purchase of the park at a cash price equal to the original purchase price paid by the purchaser plus any documented expenses relating to the acquisition and improvement of the park property, together with any increase in value due to appreciation of the park. The purchaser must execute the purchase agreement at the price specified in this subdivision and pay the cash price within 90 days of the date of the purchase agreement. The notice must be sent by fsrst class mail to a resident of each manufactured home in the park. The notice period begins on the postmark date affixed to the notice ` and ends 45 days after it begins. Subd. 8. Required filing of notice. Subdivisions 6 and 7 apply to manufactured home parks upon which notice has been filed with the county recorder or registrar of titles in the county where the manufactured home park is located. Any person may file the notice required under this subdivision with � the county recorder or registrar of titles. The notice must be in the following form: "MANUFACTURED HOME PARK NOTICE THIS PROPERTY IS USED AS A MANUFACTURED HOME PARK PARK OWNER LEGAL DESCRIPTION OF PARK COOPERATIVE ASSOCIATION (IF APPLICABLE) ° Subd. 9. Effect of noncompliance. If a manufactured home park is finally sold or converted to another use in violation of subdivision 6 or 7, the residents da not have any continuing right to purchase the park as a result of that sale or conversion. A violation of subdivision 6 or 7 is subject to section 8.31, except that relief shall be limited so that questions of marketability of title shall not be affected. Sr�bd. 10. Exclusion. Subdivisions 6 and 7 do not apply to: (1) a conveyance of an interest in a manufactured home park incidental to the financing of the manufactured home park; (2) a conveyance by a mortgagee subsequent to foreclosure of a mortgage or a deed given in lieu of a foreclosure; ar (3) a purchase of a manufactured home park by a governmental entity under its power of eminent domain. http://wwwxevisor.leg.state.mn.us/bin/getpub.php?pubtype=STAT CHAP_SEC&year=current&section=3... 6/7/2005 1 Minnesota Statutes 2004, 327C.095 Page 4'Of 4 Subd. 11. Affidavit of compliance. After a park is � sold, a park owner or other person with personal knowledge may file an affidavit with the county recorder or registrar of titles in the county in which the park is located certifying � compliance with subdivision 6 or 7 or that subdivisions 6 and 7 are not applicable. The affidavit may be used as proof of the facts stated in the affidavit. A person acquiring an interest in a park or a title insurance company or attorney who prepares, furnishes, or examines evidence of title may rely on the truth and accuracy of statements made in the affidavit and is not required to inquire further as to the park owner's compliance with subdivisions 6 and 7. When an affidavit is filed, the right to purchase provided under subdivisions 6 and 7 terminate, and if registered property, the registrar of titles shall delete the memorials of the notice and affidavit from future certificates of title. HIST: 1987 c l79 s 10; 1991 c 26 s l-7; 1997 c 126 s 6; 1999 c 11 art 3 s 10 Please direct ali comments concerning issues or legislation to your House Member or State Senator. For Legislative Staff or for directions to the Capitol,visit the Contact Us page. General questions or comments. http://www.revisor.leg.state.mn.us/bin/getpub.php?pubtype=STAT_CHAP_SEC&year=current&section=3... 6/7/2005 / ' J�U�I-29-05 WED 2: 38 PM C I TY�-OF�-I,AKE�-ELM� FAX N0. 651 777 9615 P, 2 ,- Lakc�imo 11'Xunicipal Code Gliaptcr 5 - I3uilding _ Sectian 550-Manufactured Horr�e Pgrk Ctosings Chapte�r � - ;Building ' Sectian 550- nufa tured �-Iame C' rk Iosi s ' SSO.d1. �uCgflSe a�nd tntent $ased upon the difficuIry and ox.pense of relacating rrasz�ufactured homes�ad tkie availabil'sty of rr�anufactured hatrze parks wittrin a reasonabte distance a£the City,the GouaoRf finds th�t th� pubiic health,safety and welfare of Ciry residents wiH be promaeed by adoptung regutatio�s relating to the paymeztt af retocation costs and cornpens�tion in the eveat of the clasing of all or a portion of a manufactursd home park. ThE purpose of the regutatibn is ta define the reguiations which witl apply to manufaatured home park closings and is adopt�d pur$uant to tk�e authority granted by Min.nesota Statuee 327C.D95_ �S�O.Q2 De�'initfons As usad herein,the following words shal!mean: ' � • Subd. � Closure Statel�nent , A written sta�ement prepared by the Park Owner whxch includ�s tl�e fatlor�ving�fbrna.a��vn: A.A statement that ki�e Mattu£achued,Home Fax1c,or$paztio�t of the manufaetu[ed home park, is closing�ad the az�tieipated date of clasin�. B.A s#atecnent eddressin,�the availabiIsty,lacatipz�arad pptential�ost of ot�ec man.ufactured home park tot sStes Iacated witl�i,�a twe,nty-fcve(25)xuui�e zadius o�the rnannfactured h�tzte perk that is being cfosed. C.A statement of the probable relocatioc�costs wxthi�ci a reasvnab[e raz�ge whieh will be ixiaurred by the park residents�n ordex to retocate tha paric residen�s manufactured h,otx�e to a manufactuxed home park wikhiri a twenty-fiv�(2S)mi�e radias. Su,bd.Z Cnrrent Residen!List A list of narnos and addresses vf adalt residonts of the mar�ufactured ha�me park. Subd. 3 �ligib�g park Resident A park resident who satis�es the fo�lowing criteria: � A, Park tot rent i,s current wichi�t thirry(30}days of the antiaipated park closing date snd � parsonal property taxes h,ava been paid for the eurrent and prior years. Tha owner's perfnrmanc�of the agreement sh�ll b�secvrad by a bond or a cash depasit fi[ed with tha Administrator in the a�noutst oF$i,000.00. 8. Ma.nufactured bom,e has beon maintained(ittciuding the roafing,siding,windov�+s, � ffporit►g,and frart�e pursuant to the manafacturtd homm park standards}for the year in w,hich the menufaetured I,ame was constructed and the manufactured hame is in good repsir as determined by the City's Buitding inspcetor. � C.Park resident is unable to locate space in a manufaceured horrce park within a twenry-five {2S)mila radius which as thc sarne or less restrictive xtandards. 550-t . 7,11819� 1 JUN=29-05 WED 2� 38 PM CITY�OF�LAKEEELMO FAX N0, 651 777 9615 P. 3 - Lakc Elmo MuniCi�aat Cpde Chaptcr 5- t3ultdtng _ Section S54-Maaufactnrcd F�amc PArk Closings - D, Personal credit history is noi the reason the park residenYs inabitity to ralocat�to another manufactured home park. Subd. d I� • An area within a manufacn►r�d horne park designed or used for the accammodadon of a manufactvred homo. Subd.S l'�anufactured�1_a�m_E Par � A,ny site,tot, fietd,or tract of land upon which two or more occupied manufactured homes ar� iacated, either free af chazgG or for compensation,and ineludes any buitding,struontre�t�nt, vehicie or cnclosare used or intended#ar use as part o�the equipmeat of the Manufactured Fiome Park. Iv�a�e��ectvred Home PaFk does not ir�clude facitities which are open dail�during three cr feyter seasons ofthe yeat. Subd.6 A'Ia,_,}r ufacturRd Home • A struc�ure,not af'fuced to or a part�f r�j estate,transportable ia�nne or r,xore sections,which , iri,tiae tzaveling mode'ss ei�ght(8)bady feet or more in width or forty{�FQ)body£eet or zzsvre in length,vr whe�p�aced on a lat,is thtee k►uadrod tweanty(�2Q}or more square feet,and which . ts built on a permancnt clpassis snd designod to be used as a dweliing with or w�tt�out a permanent foun:dation when r,ptu��cced to tta,a x�quued utilltics,and iz�c(ud�s the plurnbing, beating, ��r eanditioniag�rid electrical system contained in iL Subd.7 ,Par Clo in ' ' The conversion af atl or a partion of the occupied lots of a rnanu factured home park to anvthar use vr tt�e termination of use of the ntanufactuted ho�me park. : Subd._S Park Own=r : � .. ThB UWi1ef�f�tClBriU�CtUTCd hpRl,e p3i�. .: Subd.9 ,t'�r1�Ytesident An owner of s innax►ufaetured hame located on a lot in e manufacturrd home park within the Ciry wbo t�nts the lot and occupies the manufact�ued ho�►,e as a principai residcnce. ubd. �4 ��elocation Custs The reasan.ebte cost ot"retocating a manufactur�d homt from a manufactured home park in th� City to anather manufactured hame park with,ia a cwenty-fivo(25)mile radius; tha ease includes expenses incurred in the following categories: A. Frepe�tation far Move, Reasonable costs incuzred to prepare the manu�'aetured home fo� transportation to s�other site.'rhis category does inctnde cr�ne sarviees but not the cost of wheel axles,tires,framt welding or trai)er hitchos. B. `�7ansportation to�Apother Site. Reasonabk costs incurrcd to transport the manufactured homG to another manufactured k�ome park within a twanty-five(25)mete radius. This aatcgory includes the cost oF lnsuring the me.tiuFactured home for its replaeement vafae white the manufactured hame is in the process of being relot.ated and the cost of . ' obtaining moving perm9es provided that the park owner shatt nat be required to pay deli��uant taxes on a nnIInufactured home if neceSsary in pXci�r to obt�in a mvving permlt. This category does not include the cost of moving personai prpperry. SSQ-2 2lI8/97 � -J�iN-29-05 WED 2:39 PM C I TY�-4F�-I,AKE�-EI,MQ FAX N0, 651 777 9615 P, 4 � _ L„�tkc Cimo M.unicipa!Cc►de � Ct�apter 5- �uilding Scclioct�5Q -i'Vianufactured Homc Park C1o�ing�s , C. Hoakup ac New Loc.ati4n. 7'he r�asbnable cost oF�onn�ctin�the manufacrured horne to , vt"siities at the relocacion site provided that�his cartgory does inclnde cran�servic�s, 'i'hc park owner sha11 nat be requircd to upgrade the electrical or plumbing syscems of thc manufac�red homt. : 530.03.Notice o�Cl,_,asinP Ar feast nine(9)months pr;ar ia the anticipated date far the futt or parrist park closing,the park owner 5b���: A. PersBnalty serve a copy of ti�e closure statemcnt on at 3easc ane adult resident of�ach m�nufatcvred home w9thin the miat�ufacturod home park. B. Personally serve the City Administratar with s eopy of the closure ssaterrient,s currenc residAnt l�st,and a pta.n fer fundine the reiocation cosrs arid compensatiott which will be required as a condition of closing. � 55Q,U4 Pub3ic�earine. . . The Giry Admiz�isirazac sh�l1 forward rhe ciosure stacemtnt to the Pfanni�,g Commission far eomment, Upoa roview by the 1'Ianain�Connmissiar�,t�e Ciry Adminisuator shatl schedal�a pubiic hearixtg before the Council praceded by sen(100 days mailed no�ice to paoplc whose aames appe�,c on ihe resident i[st. �siluxe cc notify all park residea�rs sb�l!not invaiidate the public heariz�g, At CI]�"pti�lE4C hear�n�,the Cou��.i!shalt review the c}osure staiement,r�ceive com.me�ts and evai�ate the unpa�t of tlae cnanufacturcd homc park clasing on tt�e park r�sidenu,the City's resources�nd its Garnprehensive , p1an. . 550.Q5 _�anditi� s of Ctosi Q As a conditian af cIosirig,the park awtter shall pay reloeation cp5ts to eligib[e park residents c►r tlie park pufichaser shaEl pay eompensatian to eligible park residents as provided subsequer�tly in this section. DeveiQp�nant andlor bUildinA permits shal(not be issued for subsequent useS af the ' marxufacnzred honse park properry until the park awner has cornplied with tbe Ciry's develapmcnt regulatians and ur,til the park owner andlor park p�rchsser have made arrangam;e»cs,acceptable ta the City, for Funding ralocation costs and compensacian required by this xeciioa. 550,�5 Park Resident Statement Vd;thin ninery(90)days of reseipt of a closure notice,a park resideet shsil provide the park ow�er with a writton statement of r�lacatfon costs oc, in the alterrxativc,a written stacement that the park resxdent cannac rei�cate thc park resident's manufaccured home t4 anothtr manufactured home p�rk �. within a nvenry-five(25)mile radius and the reasons for the conclusion. � 550.07 EleCkiOq lb Rece�Ve 1�elOcatipR COS�3 Subd�! Sjndte 5ection Manutactured Homes . If a single section manufactured hamt can be rciocatod co ar�other manufactured home park withia a twenry-CVG(ZS)snilt TadiuS,the park owner shall pay aEigible park residents' relocation c�scs as deFined in this section,or,an amount�qua1 ta 53,500,wi�ichever is fess. Subd. Z oable Sectio� Manufactnred Homes ifa dtiubie section manvfncsurtd home ean bt�clacaced to another manufncturtd home park within a twenry-F�e(25)mile radius,the park owner shall pay eligible par�.resid�nts' relocation casts as defined in �his sectiort,or,an amouns equaf ro �,S,D00,�vhiGhevcr is fess. 550-3 �ER197 • ' JUN=29-05 WED 2:39 PM CITY�OF�LAKEFELMO FAX N0. 651 777 9615 P, 5 • L.ake�[�o M'unicapal Code Chapter 5-SuiIdfng Sect�on 550-Maaufastur�ed�ame Park Ctosi�xgs � Subd.3 Rpl�cat_�Pa men • � '�he park ow►a�r shall ma�ce reiacacjon paynxents direcdy to contractors providing the xelocatio»sorv ice, but,upon proof of payment of tht reiocatio�,costs by an eli��bie park � resident,shall�ainnburse tht e(igible pa�rk zesident directly fpr the reloca'tior�costs. The patk pr+vner shatt b��nritled ta receive edequste doew�t,erlt�tion of reiocation eosrs,incIudiz�g costs • of proposa�s, ii�voices,estimaces az�d contracts For retoeation services. Subd. 4 �mum Reiocation�av�nent Tha mayc�utn re}ocation payrxi�nt speeified isi Sections 550.07,Subd. 1 and 2 sh�ll be adjusted aa Jarivary tst of each year commeneing en January 1,1992,based upon the change iutt the Consu���Price Index,Miaut.eapolis-S�.Paul,for atl urban consumEers("CPI-L!)as published in the Hureau of Labor Statistics of the United States A�partment of X.abor. The az»avnt of tho adjustment shall be equal to tlie pezcentage of ohange�n the CPI-U on the dste of adjustme�lt�ver the CI'I-U i�e£�ect on January lst of the preceding year. 550.08 �lection �o Receive Currzf�ensation If a manufactured hoc�e cazu�oe be relocated to another maaufactvred horne park within a twe,nry-�v� {25)mile radius,ac►e1i&ible park resident shaIl elect vne t►f the fottpwing optians by;iving written • • notice to tho park owt�er who�hatl forward the notice to the park purchaser,and the cvmpe�;satiot� � paytnent provided for'szz this sactinn shatl be paid withita ihiriy(3p)days prior to the date flf xhe clasitig on the sale of t�he manufactured hom.e park. � Snbd.,l�,Retatnfng Titie Ttte eIigibie pork residcnt may elect to reaeive compensation in ar►azoount equ�l ta tbe average ralocstion cpst provided to eIigible pazk residents fox'the relocation o�Similar housing, it�t whieh event the park purchaser shall pay the compensation and the e�i�ible park resi8ent shail retai�titl�ta the r�anufactured�;ome and be responsble for it�prompt removal&ot'�r�� u►�nufaotured hom�pazk; or Subd,Z Ti#�eTra�sfer .� ��'f'0_ . �Y . . 't7�e eli�ibl�na„�Jc�esidectt mav elect tc�receive e uensacion in nn amou�rt egial tv the estim,___ a_^_�_ted�'air r�arket value�th�manufactvred hame as determi�n,ed bv an tndcpcndent �ppxaiser e�etienced in rxaanu�actured home aAorais�ls 'z71�a���isal sh$1 be mada nc � earlier than 60 davs p�ior to the closing oftha oark or its conversion ta another use i�or�ler tv ensure that the cur�erct fais mar et vaYue of t�e eli�ible vatk iasidents' anezfactured ho e i� apprafsed. Th� ark urchaser and the e1i ibte ark res'de t shati each a one hatf f the cost a�ti�e xvpraisa�, The park Puccbaser shallpay such com�ensatioa to the eli�ibte oar resideztt � upan rransFec.9f ciear titfe to the manufactured ho.me.' � 550.09 Generat ���uitements Su6d. 1 Vac�tivr�of Manutsctnred Homie'1'lrom Park T,3ispiaeed park residents can.nat be requirod to vacate the manufactured horne p$rk until sixty (60}days a�tercanc}usion of the pubiic hearing before the Council. `ard.97-45�Of/28/99 � 550-4 • 2nst9� r �J�1N=29-05 WED 2: 40 PM C I TY�-OF�-LAKE�-ELMO FAX N0, 651 777 9615 P, 6 �_ I,ake ElAuo Nluniclpai Code ' Chapter 5-�uiXding Sectiou SSp-Manu�actared Home�'ark Clasing� Sub@. P al Closnre If tlaere is a parti�I otosur�of tbe manu�'actured home park and okb�er fots r�maiti availab]e witttin the ssme manu�aet�ued home�ark,th�park awzier must a1Tow d'tsplacod resida�ts an opportun�ty to refocate wit�in tlte manufactwed hozz�e prurk uz�less the displaced resident's • m�nu�scturoti hocnG,because af its size,is�ot compai�'ble with the avail�ble lat. 550.10 ��mitatlo�of Reloc�tion Costs and Comnensation � T'he Wtat amowxt oFre�oc�atiat�cost aad compeusation to bc paid to eligible park residents shall not exe�ed twenxy(2Q,}percent of the estimated market value of the manufactured home pack,as stated iri the properry tax stateme�at f�c the year in whiet�the clostue statement is served on th�CAty Adxaxnistrator. �f tlie tocai of the relacation cost and cor�pensation payabie ta c[igibla park res�d�nts exoeeds this Iimit�t:v1�,th�relocation costs and componsation payab[a to eaek►eligible park reSid�i�t Shall be dccreas�d�►ropo�onate�y so tltiat the tot�l o�the relx�tian costs ax�d compensatioz�doas not exceed c�e linaitari�sx stated in tbis section. 550!-5 TJA8/97 . \ c;ha�ter 11 - Manufactured Homes ������� Page 5 of 7 . , __.- of five (5) units per acre. Park Fund: The developer shall deposit with the City Clerk a sum to be established by the City Council from time to time by resolution. Said sum to be credited to the city park fund and shali be - so deposited prior to the issuance of the Special Use Permit. Recreational Areas: The developer shalt designate a minimum of ten (10) percent of the area for recreational and park uses. Sec. ii-8. Final Approval Procedures. Upon review and approval by the Planning and Park Commission of the preliminary plan and completion of necessary changes, if any, by the developer, a �nai site plan will be submitted to the Planning and Park Commission. 1. The Planning and Park Commission wiil make its recommendation to the Council within thirty (30) days of its receipt of the final pian. 2. In considering the application for a Speciai Use Permit for the development of a new or expansion of an existing manufactured home park, the Council shall provide for a public hearing within twenty (20) days of its receipt of the Planning and Park Commission recommendation, with notice in the officiai newspaper, and shail ascertain that all appiicable ordinances within the city are complied with the detailed pians and specifications of said park are presented which have been reviewed by the Planning and Park Commission. 3. The Council shall require a surety performance bond in such an amount as it shall determine to insure the performance of all of the conditions of this chapter. Sec. 11-9. Inspection and Enforcement. 1. At least twenty-four (24) hours in advance of the occupancy or reoccupancy of each new or used manufactured home not occupied on March 1, 1971, whether on a new or previously occupied lot, the manufactured home park owner or the authorized agent shali notify the City Building Inspeetor of such pending occupancy and pay an inspection fee which will be established by the City Council from time to time by resolution in order that the Building Inspector may have time to inspect the manufactured home for compliance with plumbing, electrical and safety codes, and other applicable statutes and ordinances. 2. All provisions of this chapter which can be reasonably applied to existing manufactured home parks shall apply and be enforced. Sec. 11-10. Permit Revocation. Failure to comply with any provision or requirement of this Chapter or with any provision or requirement imposed upon the manufactured home park or owner or operator by terms of the Special Use Permit or the terms of any contract agreement or stipulation entered into or imposed by the Council, may result in the revocation of such permit as described in Section 11-4 of this Chapter. A fifteen (15) day mailed notice of the violation and of the time and place of a hearing shall be accorded to the owner or operator by the CounciL Upon revocation of a permit by the Council no further occupancies of the manufactured homes in the park shall be allowed, but the Council may allow a reasonable time for termination of occupancy. This section shall apply in all respects to any violation of provisions previously in effect that continue to control existing occupied manufactured home park areas. Sec. 11-1i. Duty to Permit Inspections. The manufactured home park owner or operator shall permit periodic inspections by health, police and other public officials charged with the enforcement of this Chapter. ARTICLE II. MANUFACTURED HOME PARK CLOSINGS Sec. 11-15. Purpose. In view of the unique nature and issues presented by the closure of conversion of manufactured home parks, the City Council finds that the public health, safety and general welfare will be promoted by requiring relocation assistance and/or compensation to displaced home owners and residents of such parks. The purpose of this 5ection is to require park http:!/www.ci.oakdale.mn.us/Code%20Chapter%201 l.htm 6/29/2005 l;hapter 11 -Manufactured Homes Page 6 of 7 ` owners to pay displaced home owners and residents reasonabie relocation costs and purchasers of manufactured home parks to pay additionai compensation, pursuant to the authority granted under - Minnesota Statutes, Section 327C.095. � Sec. 11-16. Definitions. The foliowing words and terms when used in this Section shall have the following meanings unless the context clearfy indicates otherwise: Closing Statement - A statement prepared by the park owner clearly stating the park is closing, addressing the availability, location and potential costs of adequate replacement housing within a twenty-five (25) mile radius of�the park that is closing and the probable relocation costs of the manufactured homes located in the park. Displaced Resident - A resident of an owner-occupied manufactured home who rents a lot in a manufactured home park, including the members of the resident's househoid, as of the date park owner submits a closure statement to the City CounciL Lot - An area within a manufactured home park, designed and used for the accommodation of a manufactured home. Manufactured Home - A structure, not affixed to or part of real estate, transportable in one or more sections, which in the traveling mode, is eight (8) feet or more in width or forty (40) feet or more in length, or, when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dweliing with or without a permanent foundation when connected to the required utilities, and includes the piumbing, heating, air conditioning, and electricat system contained in it. Park Owner - The owner of a manufactured home park and any person acting on behalf of the owner in the operation or management of a park. Person - Any individual, corporation, firm, partnership, incorporated and unincorporated association or any other legal or commercial entity. Sec. 11-17. Notice of closing. If a manufactured home park is to be closed, converted in whole or part to another use or terminated as a use of the property, the park owner shali, at least nine (9) months prior to the ciosure, conversation to another use or termination af use, provide a copy of a closure statement to a resident of each manufactured home and to the City CounciL Sec. 11-18. Notice of public hearing. The City Administrator shail submit the closure statement to the City Council and request the City Council to schedule a public hearing. The City shali mail a notice at least ten (10) days prior to the pubiic hearing to a resident of each manufactured home in the park stating the time, piace and purpose of the hearing. The park owner shali provide the city with a list of the names and addresses of at least one resident of each manufactured home in the park at the time the closure statement is submitted to the City CounciL Sec. 11-19. Public hearing. A public hearing shall be held before the City Council for the purpose of reviewing the closure statement and evaluating what impact the park closing may have on the displaced residents and the park owner. The City Council shall determine the adequacy of the closure statement and direct payment of relocation costs pursuant to the Ordinance. Sec. 11-20. Payment of relocation costs. 1. After service of the closure statement by the park owner and upon submittal by the displaced resident of a contract or other verification of relocation expenses, the park owner shall pay to the displaced resident the reasonable cost of relocating the manufactured home to another manufactured home park located within a twenty-five (25) mile radius of the park that is being closed, converted to another use, or ceasing operation. Reasonable relocation costs shall include: a) The actual expenses incurred in moving the dispiaced resident's manufactured home and personal property, including the reasonable cost of disassembling, moving and reassembling any attached appurtenances, such as porches, decks, skirting and awnings, which were not acquired http://www.ci.oakdale.mn.us/Code%20Chapter%201 l.htm 6/29/2005 C;hapter 11 -Manufactured Homes Page 7 of 7 . after notice of closure or conversion of the park, and utility "hook-up" charges. b) The cost of insurance for the repiacement value of the property being moved. . c) The cost of repairs or modifications that are required in order to take down, move and sef up the manufactured home. 2. If a resident cannot relocate the manufactured home within a twenty-five (25) mile radius of the park which is being closed or some other agreed upon distance, and the resident elects not to tender titie to the manufactured home, the resident is entitled to relocation costs based upon an average of relocation costs awarded to other residents in the park. 3. A displaced resident compensated under this section shall retain title to the manufactured home and shali be responsible for its prompt removai from the manufactured home park. 4. The park owner shail make the payments under this section directiy to the person performing the relocation services after performance thereof, or, upon submission of written evidence of payment of relocation costs by a displaced resident, shall reimburse the displaced resident for such costs. 5. The dispiaced resident must submit a eontract or other verified cost estimate for relocating the manufactured home to the park owner as a condition to the park owner's liability to pay reloeation expenses. 6. The tatal compensation computed as payment for relocation costs shall be the greater of: a) 25% of the sale or purchase price by the park owner to a buyer for the closure or conversion of the park for re-use, or b) the Washington County Assessor's assessed value of the manufactured or mobile home for the current tax year. The park owner, to the greatest extent practicable, shali allocate the relocation costs proportionaliy to the displaced residents. Sec. 11-21. Payment of additional compensation. If a resident cannot relocate the manufactured home within a twenty-five (25) mile radius of the park that is being closed or some other agreed upon distance and tenders title to the manufactured home, the resident is entitled to additionai compensation to be paid by the purchaser of the park in order to mitigate the adverse financial impact of the park closing. In such instance, the additional compensation shall be in an amount equal to the estimated market value of the manufactured home as determined by an independent appraiser experienced in mobile home appraisal approved by the City Administrator. The purchaser shall pay such compensation into an escrow account, estabiished by the park owner, for distribution upon transfer of title to the home. Such compensation shail be paid to the displaced residents no later than the earlier of sixty (60) days prior to the closing of the park or its conversion to another use. Sec. 11-22. Enforcement. Violation.of any provision of this Section shall be a misdemeanor. Any provisions of this Section may be enforced by injunction or other appropriate civil remedy. The city may withhold issuance of a building permit in conjunction with reuse of manufactured home park property unless the park owner has paid reasonable relocation costs and the purchaser of the park has provided additional compensation in accordance with the requirements of the ordinance. Approval of any appiication for rezoning platting, conditionai use permit, planned unit development or variance in conjunction with a park closing or conversion shall be conditional on compliance with the requirements of this ordinance. http://www.ci.oakdale.mn.us/Code%20Chapter%2011.htm 6/29/2005 Bloomington City Code Chapter 15 page 3 Page 1 of 8 , , � � i � i !� � �� !�IM�� , � �� Preface � I. Charter � II. Code � SEARCH �� < a � Forward> �� Part II. Code Chapter 15. BUILDINGS AND STRUCTURES Section 15.75. PAYMENT OF ADDITIONAL COMPENSATION. (A) If a resident cannot relocate the manufactured home within a 25 mile radius of the park that is being closed or some other agreed upan distance, the resident is entitled to additional compensatian to be paid by the purchaser of the park, in order to mitigate the adverse financial � impact of the park closing. If the resident tenders the title to the manufactured home,the additional compensation shall be in an amaunt equal to the estimated market value of the manufactured home as determined by the City Assessor and as reported on the resident's most recent property tax statement. The purchaser shall pay such compensation into an escrow account, established by the park owner, for distribution upon transfer of title to the home. Such compensation shall be paid to the displaced residents no later than thirty(30)days � prior to the closing of the park or its conversion to another use. (B) If a resident cannot relocate the manufactured home within a 25 mile radius of the park which is being closed or some other agreed upon distance, and the resident elects not to tender title to the manufactured home, the resident is entitled to relocation costs based upon an average of relocation costs awarded to other residents in the park. (C} The total compensation to be paid to displaced residents by the park owner and purchaser of the park shall not exceed twenty percen#of the purchase price of the park. (Added by Ord. No. 89-57, 10-30-89) Section 15.76. VERIFICATION OF COSTS. The displaced resident must submit a contract or other verified cost estimate for relocating the manufactured home to the park owner for approval as a condition to the park owner's liability to pay relocation expenses. If the park owner refuses to pay the contract or other verified costs estimate, the park owner shall arrange for relocating the manufactured home and pay the relocation costs identified in Section 15.74 of this Article. (Added by Ord. No. 89-57, 10-30-89) Section 15.77. PENALTY. http://www.ci.bloomington.mn.us/code/Code 15_3.htm1 6/29/2005 . Bloomington City Code Chapter 15 page 3 Page 2 of 8 . (a) Violation of any provision of this Article shall be a misdemeanor. � (b) Any provisions of this Article may be enforced by injunction or other appropriate civil remedy. (c) The City shall not issue a building permit in conjunction with reuse of manufactured home park property unless the park owner has paid reasonabte relocation costs and the purchaser of the park has provided additional compensation in accordance with the requirements of the Article. (Added by Ord. No. 89-57, 10-30-89; Ord. No. 93-2, 4-11-93) Section 15.78. EFFECTIVE DATE. This ordinance shall be effective thirty(30) days after publication. (Added by Ord. No. 89-57, 10-30-89) Article V. SECURITY DEVICES Added by Ord. No. 67-71,12-28-67 Amended by Ord. No. 2002-1, 1-14-2002 Division A. Access Key Boxes Added by Ord. No. 2002-1, 1-14-2002 Section 15.79. PURPOSE AND FINDINGS. In cases of fire, medical or public safety emergencies, it is vital that fire fighters and police officers be able to gain access to locked buildings used for multiple tenant lodging whether or not a caretaker is present. In an emergency response situation there is insufficient time to locate a person serving as a key holder. Use of Access Key Boxes will minimize the damage to doors and windows and provide a more efficient means of emergency access to locked buildings by public safety personnel,thereby enhancing the safety and security of the building's occupants. (Added by Ord. No. 2002-1, 1-14-2002) Section 15.80. DEFINITIONS. The following words and terms when used in this Division shall have the following meanings unless the context clearly indicates otherwise: Access Key Box- an armored tamper-proof box in which entry keys ar http://www.ci.bloomington.mn.us/code/Code15 3.html 6/29/2005 �4�P�E l�i.�F y _ CHAPTER 151: MANUFACTURED HOMES AND IiOME PARKS . Section General Provisions 151.01 Definitions 151.02 Purpose 151.03 Outside of park;permit required 151.04 Permit required; application and fees 151.05 Agreements between city and operator; exemptions 151.06 Annual inspection and fees 151.07 Compliance;building code Park Requirements 151.20 Utilities and supplies furnished by park operatar 151.21 Lot area and size requirernents 151.22 Screening requirements 151.23 Streets and sidewalks; construction and maintenance 151.24 Vehicle storage 151.25 Speed limits 1 S 1.26 Utility buildings 151.27 Occupant registration 151.28 Fire extinguishers 151.29 Control of pets 151.30 Sales and display lots;pernut 151.31 Placement and construction standards 151.32 Lot landscaping 151.33 Maintenance requirements 151.34 Storage of combustible materials 151.35 Trash collection;recycling 151.36 Accessory structure removal Manufactured Home Park Closings 151.50 Purpose 151.51 Definitions 151.52 Notice of closing 151.53 Notice of public hearing 151.54 Public hearing 151.55 Conditions of closing 151.56 Displaced resident statement 151.57 Election to relocate 151.58 Election to receive compensation 151.59 Limitation of relocation costs and compensation . 151.99 Penalty GENERA�PROVISIONS § 151.01 DEFINITIONS. For the purpose of this chapter,the following definitions shall apply unless the context clearly indicates or requires a different meaning. ATTACHED. That which is structurally unattached but for all intents,purposes and appearances, functions as a single unit with a mobile home. MANUFACTURED HOME, A structure,not aff`ixed to or part of real estate,transportable in one or more sections,which in the traveling mode,is eight feet or more in width or 40 feet or mare in length,or,when erected onsite,is 320 or more square feet,and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent founda.tion when connected to the required utilities,and ineludes the plumbing,heating, air conditioning and electrical system contained in it. MANUFACTURED HOME PARK. Any site,lot,field or tract of land upon which two or more occupied manufactured homes are harbored,either free of charge or for revenue purposes, and shall include any building, structure,tent,vehicle or enclosure used or intended for use as . part of the equipment of a MANUFACTURED HOME PARK. TWIN 10 or TWIN 12. Two parts of a manufactured home which have been transported separately from the factory and attached to each other at the manufactured home park to form one manufactured home. (`81 Code, § 13-1) (Ord.43,passed 9-14-67; Am. Ord. 515,passed 5-23-91) § 151.02 PURPOSE. This chapter is a measure to regulate the design,use,maintenance and the operation of manufactured homes and manufactured home parks within the city and to provide for public health, safety and welfare. (`81 Code, § 13-2) (Ord.43,passed 9-14-67) § 151.03 OUTSIDE OF PARK;PERMIT REQiTIRED. No person shall locate a manufactured home outside a manufactured home park unless the person has obtained a pernut as provided in the zoning ordinance. (`81 Code, § 13-3) (Ord.43,passed 9-T4-67) Penalty, see § 151.99 Statutory reference: For provisions concerning sanitary and water facility requirements for homes parked outside of home park, see M.S.�327.28 § 151.04 PERMIT REQITIltED; APPLICATION AND FEES. (A) Permit required. No person shall establish, maintain or operate a manufactured home park within the city without first obtaining a permit therefor from the Council. (`81 Code, § 13- 20) (B) Application. (1) No permit for a manufactured home park shall be issued by the Council unless and until the person requesting the same shall first make an application to the City Clerk and shall submit therewith all information and data hereinafter specified. (2) Application shall be in writing, signed by the applicant and shall include the following information, as to either existing or proposed facilities, which sha�l conform to state and city specifications: (a) Location and legal description of the premises to be used for a manufactured horne park; (b) Proof of ownership of all property within the boundary lines of the proposed manufactured home park; (c) A complete plan of the park in conformity with this section,including the following: L All roads and driveways, and street lighting plan; 2. Location and number of sites or lots far manufactured homes; 3. Proposed disposition of surface drainage; 4. Proposed water system and sanitary sewer system; 5. Proposed location of all fire hydrants; 6. Proposed locations and designs of all signs; and 7. Any other information requested by the Planning Commission or the City Council. (3) The application and all accompanying plans and specifications shall be filed�vith the original and four copies. (`81 Code, § 13-21) (C) Investigations and payment of costs. (1) The Council shall make an investigation of the applicant,the plans,the site and any other related subj ect as it may deem necessary and proper. For the purpose of this investigation,the Council may use the services of regular city officers and employees or it may employ the services of outside consultants and experts as it may choose. ' (2) The applieant shall pay all reasonable costs incurred by the city for review and inspection,including preparation and review of plans,plats and specifications by the Gity Engineer,City Attorney and other legal or other costs of a similar nature upon receipt of a statement therefor from the City Clerk.This payment shall be in addition to the permit fee hereinafter provided for. (`81 Code, § 13-22) (D) Fees. The applicant shall pay to the city the fee specified in the appendix to Chapter 35 at the time the application is filed. When a permit is granted hereunder,the applicant shall pay the additional amount specified in the appendix to Chapter 35. T'his fee is imposed for the purpose of defraying expenses ineurred by the city in the administration of this chapter and the fee shall not be construed to be a license. (`81 Code, § 13-23) (Am. Ord. 317,passed 4-12-84) (E) Bond or deposit; limitation to plan. (1) The Council shall require the applicant to file a bond or cash deposit in the form and amount as shall be satisfactory to it to insure the compliance by the applicant with the plans and specifications before the issuance of the permit. (2) Approval of the permit shall be limited to the number of manufactured home lots shown on the approved plan presented and any departures from the original plan at any later date must be approved by the Planning Commission and the CounciL (`81 Code, § 13-24j (Ord.43,passed 9-14-67) Penalty, see § 151.99 Statutory reference: For provisions concerning state licenses and permits for home parks and recreational camping areas, see M.S. �'�327.15 and 327.16 § 151.05 AGREEMENTS BETWEEN CITY AND OPERATOR;EXEMPTIONS. (A) Agreements, rules and regulations. (1) The Gouncil may require the operator to enter into an agreement with the city at the time the Council issues a permit and agreement, with all its terms, conditions and provisions, shall be essential to the permit and shall be enforceable as part of this chapter. (2) The Council may at any time promulgate reasonable rules and regulations by resolution which shall have the same force and effect as the provisions of this chapter. (`81 Code, § 13-26) (B) Exemptions. Any person operating a manufactured home park within the city since prior to the date of the ordinance from which this chapter is derived, is exempt from enforcement of§§ 151.04(B)through (E) and 151.30 until the time as a physical change, such as remodeling, expanding or upgrading of the park is planned, at which time all sections of this chapter will be enforced, in accordance herewith, which will not apply to manufactured homes occupied at the - time of physical changes. (`81 Code, § 13-27) (Ord.43,passed 9-14-67) § 151.06 ANNUAL INSPECTION AND FEES. (A) On or before January 10 of each year following the first 12-month period a perrnit has been in force under this chapter, the operator shall pay an annual inspection fee to the city. The inspection fee shall be as specified in the appendix to Chapter 35 based on the number of occupied manufactured home lots. Qccupancy of lots for determining this fee shall be as of January 1. (B) All manufactured home parks established prior to the adoption of the ordinance from which this chapter is derived shall be subject to the inspection provisions and shall pay the inspection fees provided. (`81 Code, § 13-28) (Ord.43,passed 9-14-67; Am. Ord. 317,passed 4-12-84) § 151.07 COMPLIANCE; BUII�DING CODE. (A) Approval of state required. Before construction commences, the holder of the permit is obligated by this chapter to secure the approval of the Department of Health of the state, and secure approval of the City Fire Marshall as to the placement of the fire hydrants so that adequate fire protection is achieved. The holder of the permit is to provide satisfactory evidence to the Council that all requirements of the state and the eity have been complied with, before the Council will permit the manufactured home park to operate. (`81 Code, § 13-29) (B) Compliance with building code. The construction of a manufactured home park shall comply with all the provisions of the city building code applicable thereto.(`81 Code, § 13-30) (Ord.43,passed 9-14-67) PARKREQUIREMENTS § 151.20 UTILITIES AND SUPPLIES FURNISHED BY PARK OPERATOR. (A) Drainage. 'The manufactured home park shall be located on a well drained site and each lot shall be graded so as to prevent the accumulation of storm or other waters. All storm water ponding or pooling areas shall be controlled by the operator by whatever means necessary to prevent the breeding of insects. (`81 Code, § 13-31) (B) Water supply and sewerage. The manafactured home park shall be serviced by the city water system and a sanitary sewer system connected to the city's sanitary sewer system. The design and specifications of the systems must meet approval of the city. Hook-up charges shall be determined upon issuance of the permit. (`81 Code, § 13-32) (C) Other underground utilities; compliance with requirements. Other utilities such as electricity,natural gas and telephone shall be installed underground in an approved method. The methods shall be under the requirements of the state and the city. (`81 Code, § 13-33) (D) Off-street parking. Off-street parking shall be provided for at least two spaces per manufactured home lot. Parking on streets and roadways shall be prohibited; approved street signs prohibiting same shall be provided by the owner and installed under the direction of the city. (`81 Code, § 13-38) (E) Recreatian and park areas. All manufactured home parks shall have a recreation or park area or areas to be esta.blished and maintained,within the site,of not less than 15%of the to�al manufactured home park area. Plans for a recreation area shall be of an approved design. (`81 Code, § 13-42) (F) Tiedowns. Each rnanufactured home shall be provided with tiedown anchors rneeting state specifications.The manufactured home shall be tied down in accordance with manufacturer specifications and recommendations,or as otherwise approved by the City Building bfficiaL (`81 Code, § 13-43) (G) Mail and newspaper containers. Mail boxes and newspaper containers,and posts therefor, shall be furnished by the operator and placed to conform with the natural landscape of each lot. All containers and posts shall be identical in shape,size and color. (`81 Code, § 13-46) (Ord.43,passed 9-14-67; Am. Ord. 515,passed 5-23-91) Penalty, see § 151.99 Statutory reference: For provisions concerning proper support systems and ground anchoring, see M.S. y�327.32, subd. 6 ' For provisaons concerning state approval of sanitary facilities in mobile home parks and recreational camping areas, see M.S. �327.16, subd. 4. § 151.21 LOT AREA AND SIZE REQUIREMENTS. (A) Lot size requirements. Each lot of a manufactured home park shall have a minimum gross area of 5,000 square feet, with the lot width at the manufactured home front facing the street of not less than 50 feet; Twin 10 and Twin 12 manufactured homes shall require a front of 60 feet. (B) Setback requirements. Each manufactured home placed on a lot shall be placed with the following minimum setbacks, as measured from the outside edge of the furthest protrusion: (1) Front. Fifteen feet from the roadway curb face. (2) Rear or side: Twenty feet from any adjacent manufactured home and/or structure attached to a manufactured home. (3) Corner lot. Setbacks shall be the same as a front setback along any roadway. (C) Permitted encroachments. The following accessory and mechanical appurtenances may encroach into the required setback areas as follow: (1) Steps, stoops and landings. Attached steps,uncovered stoops and landings may intrude up to five feet into the setback area,provided that they do not exceed 20 square feet in area. Under no circumstance shall a step, stoop or landing be located closer than ten feet to another manufactured home or attachment thereta - (2) Air conditioners. Air conditioner units may intrude up to five feet into the setback area. (3) Eaves and overhangs. An eave or overhang may intnzde up to one foot into the setback area. (`81 Code, § 13-34) (Ord.43,passed 9-14-67;Am.Ord. 515,passed 5-23-91) § 151.22 SCREENIlVG REQUIREMENTS. Every manufactured home park shall provide for a minimum setback of at least 50 feet on all property boundaries. Setbacks will be planted with a dense combination of trees,shrubs and bushes as to form a buffer to adjoining property and state,county and city roadways. Plans for plantings shall be approved by the Planning Commission. (`81 Code, § 13-35) (Ord.43,passed 9-14-67) § 151.23 STREETS AND SIDEWALKS; CONSTRUCTION AND MAINTENANCE. (A) Standards and conditions. (1) Construction standards. All streets and roadways located within the manufactured home park shall have a concrete eurb and gutter, and shall be hard-surfaced under specifications set forth by the City Engineer. Minimum width between curb faces shall be 32 feet for collector streets and 28 feet for minor streets,unless projected traffic patterns and density shall determine a greater width, at which time the greater width shall be determined by the City Engineer. Roadways shall have unobstructed access to a public street,road or alley. (2) Maintenance standards. All streets and roadways shall be maintained to a level sufficient to allow free vehicular passage for the residents, their guests, and emergency service responders under all reasonably anticipated conditions. T'he existence of a sufficient level of maintenance shall be determined as follows: (a) Street surface condition. The hard surface of the streets shall not be covered by dirt, sand, gravel or other materials to the extent that traction between the street surface and vehicle tires is substantially diminished. The street shall be maintained in a manner that horizontal or vertical separations or cracks of the fxaveled surface are not of a magnitude which will jar a passing motor vehicle operating within the speed limit. Street repair and patching shall also occur whenever a pothole with exposed base material exists, when a separation or crack results in crumbling pavement, or when any dip or settlement is pronounced enough to cause storm water to collect and not drain away. (b) Snow removal and ice control. Snow removal operations shall occur as necessary to provide safe and unimpeded vehicular passage of the streets, and shall provide for curb-to-curb snow removal. At a minimum, snow removal operations shall be completed within 12 hours after the end of a snowfall event which deposits more than two inches of snow upon the street surface. Snow removal operations shall be conducted in a manner to achieve as close to a bare pavement surface as possible. To mitigate slippery street surfaces, sand and salt shall be applied to control ice where necessary, but especially at street intersections, sharp curves and _ other locations where motorists are likely to brake or turn. (`81 Code, § 13-36) (Am. Ord. 515,passed 5-23-91) (B) Sidewalks. A concrete sidewalk,not less than 30 inches wide, shall be constructed adjacent to the street. Lots located within areas,such as cul-de-sacs,where in the opinion of the Planning Commission, sidewalks shall serve no useful purpose,a variance can be granted. The vaziance shall require Council approval. (`81 Code, § 13-37) (Ord.43,passed 9-14-67) Cross-reference: Street and Sidewalks, see Chapter 96 § 151.24 VEHICLE STORAGE. No boats,boat trailers,utility trailers,travel trailers or other vehicles than the personal automobiles of the occupants or their guests shall be parked on the manufactured home lot and there shall be provided by the operator a separate area upon which these boats,trailers or other vehicles shall be parked or held. This area is to be located away from any public street and shall be densely screened in an approved manner. (`81 Code, § 13-39) (Ord.43,passed 9-14-67) § 151.25 SPEED LIMITS. The streets and roadways shall be designed in accordance with a ten-mile per hour speed limit. It shall be unlawful for any type of vehicle to travel in excess of ten miles per hour within the limits of the manufactured home park,except that the City Council may by resolution make findings and designate appropriate speed limits between 10 and 30 rniles per hour on some or all streets,whereupon it shall be unlawful for any type of vehicle to travel in excess of the speed limit so designated. (`81 Code, § 13-40) (Ord.43,passed 9-14-67; Am. Ord. 515,passed 5-23-91) Statutory reference: For provisions concerning ten miles per hour speed limit in mobile home parks and recreational camping areas, see M.S. �32�.27, subd. 2 § 151.26 UTILITY BUILDINGS. A manufactured home park shall have utility buildings as are required by state law. Buildings shall have an approved plan and building permits will be included within the cost of the permit as stipulated in § 151.04(D). (`81 Code, § 13-41) (Ord.43,passed 9-14-67) § 151.27 OCCUPANT REGISTRATION. (A) Every person operating a manufactured home park within the city shall provide and keep a suitable guest register for the registration of all persons provided with accommodations, and each person shall register therein,as provided by state law. This register shall contain the following: (1) Name and lot address of each occupant; (2) Name and address of the owner of the manufactured home; (3) Make,model,year and license of each manufactured home; and (4) Date of arrival and deparlure of each manufactured hame. (B� This information shall be kept for at least three years after the date the occupant leaves the manufactured home park and shall be available at all times to law enforcement officers,health authorities and all other officials whose duties necessitate the acquisition of information cantained in the register. (`81 Code, § 13-451) (Ord.43,passed 9-14-67) Statutory reference: For provisions concerning re yuirements for an attendant in charge of park and camping areas, see M.S.�327.20, subd. 1(1) For provisions concerning requirements for registration, see M.S.�327.10 § 151.28 FIRE EXTINGiTISHERS. Each manufactured home in a licensed manufactured home park shall be equipped with a fire extinguisher. Unless otherwise required by state regulation or approved by the Fire Mazshal, this ea�tinguisher shall be rated as"2-A:10-B:C." T'he occupant of each manufactured home shall be responsible for providing the extinguisher for the manufactured home. (`81 Code, § 13-44) (Ord.43,passed 9-14-67) § 151.29 CONTROL OF PETS. No owner or person in charge of any dog,cat or other pet animal shall permit same to run at large or commit any nuisance within the park at any time. All pets must be on a leash at all times when out of doors or kept within an approved fenced area. (`81 Code, § 13-45) (Ord.43,passed 9-14-67) Penalty, see §151.99 _ Cross-reference: At large dogs prohibited, see�'91.17 § 151.30 SALES AND DISPLAY LOTS;PERMIT. The establishment of a sales lot within the confines of the manufactured home park is prohibited. A model home display may be established within the manufactured home park by special permit, with approval by the Planning Commission as to the size, number and location. No manufactured home display may exceed one manufactured home per manufactured home lot. The display lot shall be landscaped by an approved design and maintained. No park shall have more than six manufactured home display lots. A special permit for establishing a display manufactured home shall be a contractual yearly agreement which shall expire on January 1 of each succeeding year. (`81 Code, § 13-48) (Ord.43,passed 9-14-67) Penalty,see § 1�1.99 § 15L31 PLACEMENT AND CONSTRUCTION STANDARDS. (A) Permit required. Prior to the placement of any manufactured home, or construction of an addition or attachment thereto, or erection of any detached structure, a building permit application shall have been made to and a permit issued from the office of the City Building Official. Prior to the processing of the building permit, written permission from the park owner shall be supplied to the building official indicating that the manufactured home, addition or detached structure conforms to park rules or covenants. � (B) Primary structure. Each mobile manufactured home placed within a park shall meet the minimum standards and be minimally furnished as follows: (1) Construction standards. Manufactured homes moved into a park must carry a seal stating compliance with either ANSI #A119.1 or HUD CFR 3280.8. Manufactured homes not carrying a seal may be moved into a park,provided that they are improved to meet current safety requirements as listed in M.S. § 327C.07, subd. 3a., prior to final inspection approval and occupancy. (2) Placement. Manufactured homes shall be placed in conformance with the setback requirements stipulated in § 151.21(B)and(C). (3) Manufactured home size. Minimum size of a manufactured home,without attachments or additions, shall be 400 square feet,with a minimum width of ten feet. (4) Skirting. All manufactured homes shall have the base enclosed by using a commercially available low maintenance steel,aluminum,vinyl,masonry or insulated skirting material manufactured specifically for manufactured homes. Other low maintenance,rot resistant skirting materials which match the exterior materials of the manufactured home unit may also be approved by the building official. The skirting shall be complete prior to final approval for occupancy. (5) Additions. All attached steps,stoops,decks,utility boxes,awnings,patio covers, carports/garages, cabanas,screened porches,expandable rooms and other additions to the principle unit,must be suitably anchored to the ground and either commercially made for manufactured homes or meet the standards of the state's Building Code. All additions shall be set back at least 15 feet from the roadway face of the curb or set back the same distance as the front of tHe manufactured home unit,whichever is greater. The minimum side and rear setbacks shall be 20 feet between units,except for decks, steps and uncovered stoops or patios less than 20 square feet in size which shall be permitted to intrude into the setback five feet in accordance with§ 151.21(B). Prior to the issuance of a building permit,permission of the addition from the park management must be certified to the city on an approved form. (C) Accessory storage buildings and fences. Freestanding accessory storage buildings and fences shall be permitted as follows: . (1) Carports and garages. A freestanding carport or garage(one per manufactured home),not attached to a manufactured home,may be permitted provided that it is suitably anchored to the ground and set back at least 15 feet from the face of any roadway curb line or the same setback as the front of the mobile home,whichever is greater. The rear setback shall be 20 feet from any manufactured home or attachment thereto(including pernutted intrusions}. The side setback for a freestanding carport or garage shall be a minimum of six feet from the owner/occupant's living unit and ten feet from any other unit or freestanding accessory structure. Prior to the issuance of a building permit,permission for the addition from the park management must be certified to the city on an approved form. (2) Storage shed. A freestanding storage shed(one per manufactured home)may be permitted,provided that it does not exceed 100 square feet in area, does not exceed ten feet in height,is set back at least 30 feet from the face of any roadway curb line,is set back at least six feet from any manufactured home or attachment thereto(including permitted intrusions),and is suitably anchored to the ground. Prior to the issuance of a building permit,permission for the addition from the park management must be certified to the city on an approved form. (3) Fences. Fences(chain link,privacy,picket, split rail or similar fence type constructed of similar quality materials as determined by the Building C�fficial)may be permitted, provided that they do not exceed six feet in height and are setback at least 15 feet frorn the place of any roadway curb line. At the discretion of the Building Official, fences,between manufactured homes rnay be required to provide an opening or gate at least three feet in width for the purpose of providing emergency access to rear yard areas or rear doorways. If gates are used, latches must be operable from both sides of the fence and may not be locked: Prior to the issuance of a building permit,pernussion for the fence from the mobile home park management must be certified to the city on an approved form. (`81 Code, § 13-49) (Ord.43,passed 9-14-67; Am. Ord. 515,passed 5-23-91) § 151.32 LOT LANDSCAPING. Except for the areas used for the manufactured home,patio, sidewalk or hard-surfaced off- street parking,the entire lot shall be sodded and maintained with grass. (`81 Code, § 13-50) (Ord.43,passed 9-14-67) § 151.33 MAINTENANCE REQUII2EMENTS. Manufactured home parks shall be maintained in an attractive state by the owner or operatar so as not to become unsightly with respect to containers,junk,trash or any other unsightly or unsanitary conditions.No painting,washing or repairing of automobiles or other vehicles shall be allowed on the streets or roadways of the manufactured home park. Any manufactured home lot that is unoccupied or becomes in disrepair because of neglect by the occupant shall be the responsibility of the park operator,who shall maintain or upgrade the lot to its original permit condition. (`81 Code, § 13-51) (Ord.43,passed 9-14-67) Penalty, see § 151.99 § 151.34 STORAGE OF COMBUSTIBLE MATERIALS. .` (A) Storage of combustible liquids within or under a manufactured home is expressly forbidden. (B) AIl manufactured homes shall be serviced by an underground installed natural gas. Therefore, use of propane or butane gas for any purpose within the confines of the manufactured home park is expressly forbidden. (`81 Code, § 13-52) (Ord.43,passed 9-14-67) Penalty, see § 151.99 § 151.35 TRASH COLLECTION; RECYCLING. Trash containers stored outside of manufactured home units must be placed behind the front entry stoop and be provided with additional screening if necessary so as not to be visible frorn the street, except that on the day of collection the containers may be placed at curbside along the private manufactured home park street. If contxact trash removal is provided through the park owner with a master contract rather than contracted by individual manufactured home unit owners, the master contract must provide recycling opportunities in accordance with Chapter SO for each manufactured home owner. (`81 Code, § 13-53) (Ord. 515,passed 5-23-91) § 151.36 ACCESSORY STRUCTURE REMOVAL. Upon the removal of any manufactured home from a manufactured home park, it shall be the responsibility of the park owner to see that all freestanding or attached accessory structures, fences and debris left on the mobile home Iot are removed within 48 hours after the removal of the unit. The City Building Official may approve the retention of all or part of the accessory structures,if the park owner requests same in writing,can demonstrate that they will meet the required setbacks from any replacement manufactured home unit to be placed on tlie lot,and if they are shown to be in sound condition. The park owner must also provide a written commitment to remove or relocate the accessory structure(s)permitted to remain if the required setbacks fail to be verified after the replacement manufactured home is placed. (`81 Code, § 13-54) (Ord. 515,passed 5-23-91) MANUFACTURED HOME PARK CLOSINGS § 151.50 PURPOSE. In view of the peculiar nature and problems presented by the closure or conversion of manufactured home parks,the City Council finds that the public health, safety and general welfare will be promoted by requiring compensation.to displaced home owners and tenants of such parks. 'Fhe purpose of this subchapter is to define by whom and in what amount compensation for park relocation or displacement of a manufactured home is paid.This subchapter is adopted pursuant to the authority granted under M.S. § 327C.095. (Ord. 669,passed 3-23-00) J` § 151.51 DEFINITIONS. • The following words and terms when used in this subchapter shall have the following meanings unless the context clearly indicates otherwise. CLOSURE STATEMENT. A statement prepared by the park owner clearly stating the park is closing; addressing the availability, location and potential costs of adequate replacement rental sites within a 25 mile radius of the park that is closing and the prabable relocation costs of the manufactured homes located in the park to other parks within the 25 mile radius. DISPLACED RESIDENT. A resident of an owner-occupied manufactured home who rents a lot in a manufactured home park, including members of the resident's household,as of the date the park owner submits a closure statement to the City Planning Commission. LOT. An area within a manufactured home park,designed and used for the accommodation of a manufactured home. MANUFACTURED HOME. A structure,not affixed to or part of real estate,transportable ; in one or more sections,which in the traveling mode,is eight feet or mare in width or 40 feet or more in length,or,when erected onsite,is 320 or more square feet, and wluch is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities,and includes the plumbing,heating, air conditioning and electrical system contained in it. PARK OWNER The owner of a manufactured home park and any person acting on behalf of the owner in the operation or management of a park. PERSON. Any individual,corporation, firm,partnership,incorporated and unincorporated associarion or any other legal or commercial entity. PURCHASER. The person buying the manufactured home park from the park owner. In the event that the park owner intends to retain ownership and convert the park to a different use, all references to the purchaser refer to the park owner. RELOCATION COSTS. The reasonable cost of relocating a manufactured home from a manufactured home park within the city that is being closed or converted to another use to another manufactured home park within a 25-mile radius of the paxk,as follows: (1) Preparation for move. Reasonable costs incurred to prepare the eligible manufactured home for transportation to another site. This category includes crane services if needed,but not the cost of wheel axles,tires,frame welding,or irailer hitches. (2) Transportation to another site. Reasonable costs incurred to transport the eligible manufactured home to another manufactured home park within a 25 mile radius. Tlus category also includes the cost of insuring the rnanufactured home while the home is in the process of being relocated, and the cost of obtaining moving permits provided that the park owner shall not be required to pay delinquent taxes on a manufactured home if necessary in order to obtain a moving permit. This category does not include the cost of moving personal property separate and distinct from the mobile home and separate and distinct from the appliances and appurtenances of the mobile home. . ► (3) Hook-up at new location. (a) The reasonable cost of connecting the eligible manufactured home to utilities at the relocation site,including crane services if needed. The park owner shall not be required to upgrade the electrical or plumbing systems of the manufactured home. (b) Relocation costs do not include the cost of any repairs or modifications to the manufactured home needed to bring the home into compliance with the state and federal manufactured home building standards for the year in which the home was constructed. Relocation costs also do not inelude the cost of any repairs or modifications to the home or appurtenances needed to bring the home or appurtenances into compliance with the rules and regulations of the manufactured horne park ta which the manufactured home is to be relocated, if those rules and regulations are no more stringent than the rules and regulations of the park in which the home is located and the resident was notified of noncompliance with the rules and regulations of the park in which it is located within 60 days prior to delivery of the closure statement. � (Ord. 669,passed 3-23-00) § 151.52 NOTICE OF CLOSING. If the manufactured home park is to be sold with the intent to canvert in whole or in part to another use or the owner of the park requests and receives rezoning of the property from the city, the park owner shall,at least nine months prior to conversion to another use or sale to someone with the intent to convert to another use,provide a copy of a closure statement to a resident of each manufactured home and to the City Planning Commission. (Ord. 669,passed 3-23-00) § 151.53 NOTICE OF PUBLIC HEARING. The Planning Commission shall submit the closure statement to the City Council and request the City Council to schedule a public hearing. The city shall mail a notice at least ten days prior to the public hearing to a resident of each manufactured home in the park stating the time,place, and purpose of the hearing. The park owner shall provide the city with a list of the names and addresses of at least one resident of each manufactured home in the park at the time the closure statement is submitted to the Planning Commission. (Ord. 669,passed 3-23-00) § 151.54 PUBLIC HEARING. A public hearing shall be held before the City Council for the purpose of reviewing the closure statement and evaluating what impact the park closing may have on the displaced residents and the park owner. (Ord. 669,passed 3-23-00) § 151.55 CONDITIONS OF CLOSING. (A) As a condition of the closing of the manufactured home park,the park owner shall pay , . the relocation costs to displaced residents. If the park owner determined within four months prior • to the date of closure of the park that the park will not be closed,the park owner may rescind the Notice of Closure and shall pay any actual relocation costs incurred by any of the park's manufactured home owners. If the park owner determines at least four months prior to the date of closure of the park that the park will not be closed,the park owner may rescind the notice of closure,and not be liable for any relocation costs. (B) The city shall not issue a building permit in conjunction with the reuse of the manufactured home park property unless the park owner has paid the relocation costs and/or the park purchaser has compensated displaced residents in accordance with the requirements of this subchapter. Approval of any application for rezoning,platting, conditional use permit,planned unit development or variance in conjunction with a park closing or conversion shall be conditional on compliance with the requirements of this subchapter. (Ord. 669,passed 3-23-00) � § 151.56 DISPLACED RESIDENT STATEMENT. Within 90 days of receipt of a closure notice, the displaced resident shall provide the park owner with a written statement of relocation costs, or, in the alternative, a rvritten statement that the resident cannot relocate his or her manufactured home to another manufactured home park within a 25-mile radius or chooses not to relocate his or her manufactured home to a manufactured home park that is outside of Independent School District No. 196. If a resident determines not to relocate as defined within this subchapter, the resident must state whether he or she elects to receive relocation costs under§ 151.57 or compensation under§ 151.58. (Ord. 669,passed 3-23-00) § 151.57 ELECTION TO RELOCATE. (A) If a manufactured home can be relocated to another manufactured home park within a 25-mile radius,the park owner shall pay displaced residents' relocations'costs as defined k►erein. (B) The park owner shall make relocation payments directly to contractors providing the relocation service, or shall reimburse the displaced resident directly after the resident submits to the park owner proof of payment of relocation costs. The park owner shall be entitled to receive adequate documentation of relocation costs, including costs of proposals, invoices, estirnates and contacts for relocation services. (C) If a displaced resident cannot relocate the manufactured home within a 25-mile radius of the park which is being closed or some other agreed upon distance,and the resident elects not to tender title to the manufactured horne,the resident is entitled to relocation costs based upon an average of relocation costs awarded to other residents in the park. (D) A displaced resident compensated under this subchapter shall retain title to the manufactured home and shall be responsible for its prompt removal from the manufactured home park. All rent due and owing to the park owner, and all property taxes for the current and prior years shall be paid by the displaced resident prior to removing the manufactured home from the park. (Ord. 669,passed 3-23-00) w a � � § 151.58 ELECTION TO RECEIVE COMPENSATION. If a resident cannot relocate his or her manufactured home to another manufactured home park within a 25-mile radius or chooses not to relocate his or her manufactured home to a manufactured home park that is outside of Independent School District No. 196 or some other agreed upon distance and tenders title to the manufactured home, the resident is entitled to compensation to be paid by the purchaser of the park in order to mitigate the adverse financial impact of the park closing. In such instance, the compensation shall be an amount equal to tbe estimated market value or the tax assessed value of the manufactured home, whichever is greater, as determined by an independent appraiser experienced in mobile home appraisal approved by the City Administrator. The purchaser shall pay the cost of the appraisal or shall reimburse the city for any advances it makes to such appraiser for such cost. The purchaser shall pay sueh compensation into an escrow aecount, established by the park owner, for distribution upon transfer of title to the home. The amount otherwise due the displaced resident may be tendered on the date of transfer of title from the escrow account for payment on liens and encumbrances. The resident shall transfer title of the manufactured home to the park purchaser free and clear of all liens and encumbrances. All rent due the property owner and all property taxes for the current and prior years shall be paid by displaced residents prior to the removal of the manufactured home from the park by the park purchaser. (Ord. 669,passed 3-23-00) § 151.59 LIlVIITATION OF RELOCATION COSTS AND COMPENSATION , The total amount of compensation paid to displaced owners of manufactured homes shall not exceed the geater of 20% of the County Assessor's estimated market value of the manufactured home park, as determined by the County Assessor for the year in which the park is scheduled to . close,or 20%of the purchase price of the park. (Ord. 669,passed 3-23-00) § 151.99 PENALTY. (A) In addition to being liable to punishment as provided in § 10.99, failure to comply with all the provisions of this chapter or with all provisions of a special nature imposed upon the manufactured home park or the operator by terms of the permit or the terms of any contract, agreement or stipulation entered into by the operator or imposed by the Council will result in a recommendation of revocation of license to the Minnesota Department of Health. The terms of this chapter or of any permit, agreement or stipulation ordered or authorized by this chapter shall be a condition precedent to issuance of a state license and shall run with the license and be a part thereof. (`81 Code, § 13-25) (Ord.43,passed 9-14-67) (B) Violation of any provision of this chapter shall be a petty misdemeanor. Any person convicted of violating any provision of this chapter shall be subject to penalties as stipulated in § 10.99. (`81 Code, § 13-55) (Ord. 515,passed 5-23-91)