Loading...
97-003 ORD CITY OF ELK RIVER, MINNESOTA ORDINANCE NO. 97-3 MANUFACTURED HOME PARK CLOSINGS SECTION 1010.00. 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 residents of such parks. The purpose of this Section is to require park owners to pay displaced residents reasonable relocation costs and purchasers of manufactured home parks to pay additional compe~]sation, pursuant to the authority granted under Minnesota Statutes, Section 327C.095. SECTION 1010.02. DEFINITIONS The following words and terms when used in this Section 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 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 household, as of the date park owner submits a closure statement to the City's 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 (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 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. 1 Person: Any individual, corporation, firm, partnership, incorporated and unincorporated association or any other legal or commercial entity. SECTION 1010.04. 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 shall, at least nine (9) months prior to the closure, conversion to another use or terminasion of use, provide a copy of a closure statement to a resident of each manufactured home and to the City's Planning Commission. SECTION 1010.06. 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 (10) 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. SECTION 1010.08 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. SECTION 1010.10 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 displaced 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 after notice of closure or conversion of the park, and utility "hook-up" charges. B. The cost of insurance for the replacement value of the property being moved. C. The cost of repairs or modifications that are required in order to take down, move and set 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 clos£d 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. 3. A displaced resident compensated under this section shall retain title to the manufactured home and shall be responsible for its prompt removal from the manufactured home park. 4. The park owner shall make the payments under this section directly to the person performing the relocation services after performance thereof, or, upon sublaission of written evidence of payment of relocation costs by a displaced resident, shall reimburse the displaced resident for such costs. 5. The displaced resident must submit a contract 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 relocation expenses. SECTION 1010.12 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 additional 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 the cost of the appraisal. 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 the earlier of sixty (60) days prior to the closing of the park or its conversion to another use. SECTION 1010.14 PENALTY. 1. Violation of any provision of this Section shall be a misdemeanor. 2. Any provisions of this Section may be enforced by injunction or other appropriate civil remedy. 3. The City shall not issue a building permit in conjunction with reuse of manufactured home park property unless the park owner has paid reasonable location costs and the purchaser of the park has provided additional compensation in accordance with the requirements of this Section. 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 Chapter. SECTION 1010.16 EFFECTIVE DATE. This ordinance shall be effective upon publication. 4 Passed and adopted by the City Council of the City of Elk River this 17th day of March, 1997. / Ma!i6r ~ Sandra A. Thackeray City Clerk Affidavit of Publication Cl1Yn~ OJUj:m MANUF:/\C , '.C:r.O I;l]i;OTION.~010';0 In, view of t~ probl~U1s~res~n~e,~t ~., convl!rsion..o(' U1linu.fli .~. Pllr}{s;tI;tEl.OityOoy"<\ 1'. <l public heaHh.,ssfe: fare will be. ~rgJll.~"".jf!,,t compeusationtq ~ispla.l;~jf; . '.' '. .... ..' such parks. Thet1).j,r~P!!T..?'.'~lM~.~. .h()m~, Section is to,reqllirllParki 9V\Wers..tp', pay displaced .rEls~dentsrea,spnable relocation costs '. an~p,urc~~ersl:>f" manufactured homecplU"kstopay" additional compensat~gn, pur!l).j,l;lnt tp '.' the 'l;luthoritygran4ld.!p.n4er:' Minnesota Stat\ltes.,.. .... !~~~i(in 3270.095. . .' ...... ...............f " . SECTION lQl0.02. PEFINITIclNS The following words and terms wheIl used in this Sectionshal). haVEl tl;te fol- lowing meanings . unless . the '.. context clearly indicatespthe!'Wisel'>. . .'. Closure .statement - a, sta~ellt prepared by the park owp.erplearly stating the park is closing, lj.ddressmg the availability, location andpo.tenti~~ costs of adequate replacementl;toushig within a 25-mile radius of the,park that is closing and the probable relo- cation 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 manufac- tured home park, including themem- . ~ers of the resident's household, as of the date park owner submits a closure statement to the I City's. Planning Commission. .' Lot - an llrea within .a'manufac- tured home park, ,l-..igp.:l-l and used for the accommod! ;n~ufac- tured home. I . .,' Manufactured home -,-astr1.l.cture, not affixed to or part of.rElal estli~, : transportable in one or morese~lons, which in the traveling mode,' is 8 feet or more in width or 40 feet or U1Pr.e in length, or, when erected on site, is 32Q or more square feet, and which is b\lilt on' a 'Pe~.en~'chassilf)at(4~J:l.~6igtfed"" to be used as a dwelling with or. with- ,out a permanent foupdation 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 manu- factured home parlr and '\ny person acting on behalf l: er in tl;te operation or I,X1I;lnab:~*.. . Ii parl( . Person - any inilivf4uai, co.rpotl;lL bon, firm, partnership,. inco.rporated and unincorporated aBs.gciation qr ~y other legal or commercial Elntity. SECTION 1010.04. NOTIOE OF CLOSING. . ~"." '. If a manufactured hOlriepark istope closed, converted in whple or part to another use or terJll.inated as a use of the property, the park owner shall, at least nine (9) months prior to the clo- sure, conversion to another use or ter- mination of use, .provide a copy ofa closure statement to a resident of each manufactured home and to the City's :planning Commission. SECTION 1010.06. NOTICE OF PUBLIC HEARING The Planning Commi~sion shall sub- mit 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 (10) 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 Oity with a , . list of the names and addresses of at least one resident of each manufac- tured home in the park at the time the closure statement is submitted to the Planning Commission. ' SECTION 1010.08 PUBLIC HEAR- ING. . A public hearingslheld before the City Council for pl.e purpose of reviewing the closure Btatement find ;j:~,' .:";'~\,J~;.~;f '.~ dent c'Wno 'e meWithl ... -mile t.. k'\whiqp<li'sbeing mefl~~~r.~~liEl!\l4-'ll'P9n.!lis" the'r.~~ideD,tTI~ctti~ot to ~B~f~ftured 1...en~is~l1:~itle~~.relo~ ~o~t~b~!:l.~ 1!!R!lllfa,~"!W!:lrage of r~tIPI:J. costs ~""i~,fEl4 1;p Qt~r resi- d .in the p~k'f"< <(} ((<;PAdi.splaced resiaehtc(UJipensat. e,f ,mderthis sectioIlshallretain title to, the mlj.llufactui'ed, homeaIl,f shall be responsible for itl:lprqmpt remov@! from the manuflictured home park. .' (D) The park owner shall make the ;payments under. this sectiqndirectly to the personperforJll.ing the reloca- tion l;Iervices after performance there- of,or, upon submissionofwrittenevi- dence pf ,pay.mep,tof relocation' costS by a displaced resident, shall reim- bursethe ID,splaCE!,fresident for such costs. (E) The displaced resident must sub- mit a contract or other verifi~d cp~t estimate for relocating the manufac- tured home to the park oWner as a condition to the park owner'~ liability to pay relocation expenses. SEOTION 1010.12 PAYMENT OF APDITIONAL COMPENSATION. If a resident cannot relocate the manufactured home within a 25-mile ra,fius 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 addi- tional cpmpenl;lation to be paid by the purchaS~r of t~!pllr.kj~ <;>r4~rto miti- gatetheadv:erae fin\iWcia1;.W:1pact of tl;te pliJ"kj:loslng, In s'iJ.i;h insU\llce the addi~iQp.aI compellsation sWiII be i~ an . amoun~ !:l~ual to the estimated market valu~Qf.the manufl;lctured home as determined . by .. aD,. ..independent appraiser !'llq)ElI:ie~ee4 in mobile ho~e apl>r!lilOaI-'al>prove4. by the Citv4~nistrato...'lhe pQ1'ichas_ ef1.I'~J.:id.f;' a"'th~ '.-.'~.' j ('t'. 6.' '. 'i. jl!".'.'. .'!"~'" f p,y ; ."p~!' ',t"f.ll. appraisal. The purcnaser sIuill pay such compensation into an escrow account, established by the park owner, for distribution upon transfer o.f title to, the ~me. Such compensa- ~on shall be paid to the displaced res- Idents no later than the earlier of sixty (60) days prior to the clpsing of the Pllrk pr its cO;lpret",jpnto lj.llother use. ~]i;qTIQNl()'iQ.lf rEN~LT\': .. Ci\).Violation pfaiIy provision of this ~ectlPli ,shall be amisdeU1elj.llor. (ll)Aify provisions of this Section . may ge enforced by injunction or other appropriate civil remedy. (C) The City shall not issue abuild- ing perJll.it in conjunction with reuse of manufactured home park property unless the park' owner haS paid rea- sonable location coats and the pur- c~ser of the park has provided addi- tional compensation in accordance with the' requirements of this Section. Approval of any application for rezon- ing, piattin~,conditional use perJll.it, planned umt development or variance in conj~ction with a park closing or converslOp shall be conditional on compliance with the requirements of this Chapter. SECTION 1010.16 EFFECTIVE DATE. This ordinance shall be effective upon publication. Adopted by the City Council of the City of Elk River this 17th day of March,1997. Passed and adopted by the City Council of the City of Elk River thi~ 17th day of March, 1997. Henry A.' Duitsman Mayor S~ndra A. Thackeray OJ (Mr26) STATE OF MINNESOTA ) )ss. COUNTY OF SHERBURNE) ):\lYl -'~k/~~ , being duly sworn, on oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspa- per known as 'l'he Elk River Star News, and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed Q/l.tflL~flIJ.A/,...(,fl ))'1.(). q7~3 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for I suc- ar;,"...dl'1 cessive we.;1t was first published on", ednesday, the ~ day of ().A.Cj0 , 199:[, and was thereafter printed and published on every Wednesday to and including Wednesday, the _ day of ,19_; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication ofthe notice. a bed e fg h ij k I m n 0 p q r s t u v w x y z BY:~~(~' TITLE: tJl;;t~/.J ,;1 '11:!J Subscxibed and sworn to before me on this )Vt~~) ,19:rL. /~C4L;'h'LL~l~~_~ ~.. '.":'('" I., day of t~fJ~:j yV) Not.ary Public'~' RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space $ (2) Maximum rate allowed by law for the above matter $ (3) Rate actually charged for the above matter $ :'?'J.,.OO a570~7 .~S1o-9 7 Mfidavit of Publication CITY Qli'l.'ff,jJU:YJ!1R, MlNNESOTA OlUlINANCE N<>. MANUFAcTlJREDiJlo . CLOS' $EC'!'ION 1010;(0) In. view of thep~ . ..... ...4'.' probleOls present~g, y .~9~1,lf;e9~! . .conversion qf':tn!ln1Jf~qj;Mr!i!~i;~l1~lf!'l,Il.fBi par}{s, t4eo Gity.Ccw' -v' ". - . public health, safe fare will be proOl~,,"',,'!rl!c:\!,1l9n~ compensation tq di~pla~e'd residents of such parks. The VUrpofle oft4is Section is toreoquire park qwneor~Jo' pay displaced residents J:'easonable relocation costs and p.urcha~ers of manufactured home par}{sJqpay additional compensation,pursUl;lnt to the authority gfanted .\lnger Minno;sqta St!l,tutes, li3eoctiqu 327C.095. SECTION 1010.02. DEFINITIONS The following words and ter:tns when used in this Section shall hav.e the fol- lowing meanings unl~ss theoconte1!:t clearly indicates. qthel"wise:..... Closure I3tatement -' a . etat~eM prepared by the park owner pearly , stating the park is closing, lilddressing the availability, location and pdtentiali costs of adequate replacement housing within a 25-mile radius of the -park that is closing and the probable relo- cation 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 manufac- tured home park, including the me.m- i:>ers of the resident's household, as of the date park owner submits a closure statement to the I City's Planning Commission. Lot - an area wit4ina-manufac- tured home park, ,1~"igT';-l and used for the accommod' . ;p.~ufl;l~- tured home. I ". .....\.' , Manufactured home ...,---lI'stnicture not affixed to or part of ;real ~!ltate:' transportable in one or mor~ sectlona, which in the traveling moge,' is 8 feet . or more in width or 40 feet Pr more in length, or, when erected on siteo, is 320 br more square feet;, ang' which is' built oni II }le~J;.en~_ cl:iaBsi..)8t{i;l.J;d~sig1n~d( ':1 to beoused as a dwelling with or with- ,out a permanent foujJ.dation when connected to the required utilities, and includes the plUIIibing, heating, air conditioning, and electrical system contained in it. Park owner - the owner of a manu- factured home parI< and 'my person acting on. be4alf I I)r in the operation or ~n~b,. .-1.~" .!'\,gar~; : Person - anYllldlv~elual'COrpOrI;lC tion, firm,. partners4ip; dncol"Porated and unincol"Porated IWfl,oc;iationor.anY other legal or commerc~.l;l\al en.. t.ity. SECTION 101O.04.NQ'!'ICE OF CLOSING. ",- If a manufactured hoilie par~iEltobe closed, converted in whole 01" pm to another use or terminateel as. a use of the property, the park oWner shall, at least nine (9) months prior to the elq- sure, conversion to anot4l!r use or ter- mination of use, ,provide a copy ora closure statement to a residen t qf each manufactured home and to the City's Planning Commission. SECTION 1010.06. NOTICE OF PUBLIC HEARING ' The Planning Commi~sion shall sub- mit the closUre statemi,mt to the City Council and request t4e City Council to schedule a public hearing. The City shall mail a notice at least ten (10) days prior to the public hearing to a resident of each manufa.ctured 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 l/.ddresses of at least one resident of each manufac- tured home in the park at the time the closure statement is submitted to the Planning Commission. ' SECTION 1010.08 PJJ]3LIC HE~- ING. A publi(l hearing s1. . 'held befor~ the. Ci~y Council for~purposepf revlewmg the closure .I"tatement. ~nd :<~".. ..~.J... ;,;~~~:f"";'i:H~,,"': .;:.; ,,:yr;;'~' dent ~~~Qt.J'el~~tet4~ filA' e.wi,thirl. i~ff25-Olile t)1e. ~w4iq\1j *lIbein~ InllQ~~l'~lIr~fl~);lon!lis- the :1'~.eid~nteJ~ct;B not to .:;f~lln,d-ei ~ij/,lB:;,jlb~:"iIn~ny,flil;fturea ."":" '.'( (' .' .;_.,'., ."':~':/~;"~>i-'HtY~,"'J~'<:h':_';'__,,:)',+(,,::,-_:) .qO:tnIl, . the 'resIAeIl~,:isenti tledtg..relo: , . ,~at~?n~ostil b'ilecl; \i!);l9l\an~:Ve,f~ge of rel9Cliltlon costs ~wardE!d lqother resi- dents. in the Pl4'k'i, " '.. .." f.' ,(Q)A . displaced residentcomp~nsat_ eel undedhis section shall retain title to the manufactured hOme iafid shall be responsible for its.prqmpi.,fe:tnov!ll from the manufactured home Park. . (D) The park owner shall make the pay:tnents under this sectiQn. directly to the person performing the reloca- tion services after performance there- of, or, upon submission ofwrit~n evi- dence of ,paY:tnel\t of relocatiqII' costs by. a displaced 'resident, shall reim- bursethe ~splace4 resident for such costs. (E) The displaced resident must sub- mit a contract qr other verifi~ cqst estimate for relocating' the manufac- tured home to the park owner as a condition to the park owner's liability , to pay relocation expenses. SEC'!'ION 1010.12 PAYMENT OF ADDITIONAL COMPENSATION. If a resident cannot relocate the manufactured home within a 25-mile radius of the pl;lfk that is being closed or some other agreed upon distance and tenders title to the manufactured home, the resident is entitleA to addi- tional c9mpensation to be pl;lid by the PJ.lrchaaef .of t~J1ar.. . .to miti- ~atet4e iadvef$b,fip-act of . t.h,e J;larkl;l.osing.m EI'. 1l1~ ance, the addi~iqpal co.mpll{lsatiim EI~1 he in an . amounl eflual totheesti~ted!J1arket valUeClfthe manufactwed home as dE!~b:Q.hied . bya~}I\~ependent apprai/Jer e~eIieh~ec:lin:i mobile hOOle appr!li/Jal"$l~provec:l. by th~ Citv.Administrator..The purchu. ef.ll'.~ltat. f G' (''the '.>'t.e..'\"': '. ".' m." '....~t\"...I... 'i"". p~y >,P!i!l,. ';ir"t'lt? appraisal. The purchaser Snail' pay such compensation into an escrow account, established by the park owner, for distribution upon transfer of title to, the home. Such compensa- ~ion shall be paid to the displaced res- Idents no later than the earlier of sixty ~60)d~ys prior to thE!. cl?sing of the ParJ\: 9r~ts~o~yeifl.jon.toanot,her 1;lse. ~EGTIOJIl.I()'l.().14, fE;:N M11..... (A) Violation of iuiy provision of thiEl ~e"ti5m ,shall bea mi?eleI).lefUlor. (I;l) Any provisions of this Section , may be, enforced by injunction or other appropriate civil remedy. (C) The City shall not issue a build- ing permit in conjunction with reuse of m.anufactured home park property unless the park' owner has paid rea- sonable location costs and the pur- chaser of the park has provided addi- tional compensation in accordance with the-requirements of this Section. ~PProival .of any app!ication for rezon- mg, p attIn~, conditIonal use permit, planned.umt development or variance in conj~ction with a park closing or conversIOn shall be conditional on co.mpliance with the requirements of this Chapter. SECTION 1010.16 EFFECTIVE DATE. This ordinance shall be effective upon publication. Adopted by the City Council of the City of Elk River this 17th day of March, 1997. Passed and adopted by the City Council of the City of Elk River thi~ 17th day of March, 1997. . Henry A. Duitsman Mayor ndra A. Thackeray , Clerk (Mr26) STATE OF MINNESOTA ) )ss. COUNTY OF SHERBURNE) W(f'Y1 -'~~/j/vzr')~) , being duly sworn, on oath says that he/she is the publisher or authorized agent and employee of the publisher ofthe newspa- per known as The Elk River Star News, and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed Q/~tlt:J.A/Lf."Jl) 71~). q7~3 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for / suc- cessive we:~sHt was first published on Wednesday, the 01 r;, ~'l day of ..YJ!...J.{)..ACj0 , 1901 , and was thereafter printed and published on every Wednesday to and including Wednesday, the _ day of ,19_; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice. a b c defgh ij k 1 m n 0 p q r s tu vwxy z BY:~'vn( ~. ~ II -'-J-) TITLE: <...c)L.{A..i"rv ,;{-?~ SubscJibed and sworn to before me on this tV tt:l..A.e.J~) , 19:J::L. /) .. ' >(' +) / /. / ,. /. /',JL./LA/~1IU-'i.~# /(~;.J r--.., '.t' l ;', ,:" . day of II . 11 ~'rJi-' ,......, Notary Public"" 'YV) RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space $ :"?d.'1.00 (2) Maximum rate allowed by law for the above matter $ aS70!17 (3) Rate actually charged for the above matter $ .:;!.,S1o.~ 7