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327C.07 MANUFACNRED HOME PARK r.OT ]Utn 8 7703 <br />(a) If the home contains a solid fuel burning stove or fireplace, installation in con- <br />formance the department of homing and urban development Manufactured Home <br />Standa(d) Support systems as required by the state building code. <br />Following installation of the safety Antares required under this subdivision, the <br />home must be inspected by a state certified building official. The official may charge <br />a reasonable fee, not to exceed $50, for the inspection. The homeowner shall give the <br />park owner a certificate of inspection certifying that the home safety features required <br />under this subdivision have been installed. This subdivision does not impose any duty <br />or obligation upon a broker, dealer, lender, or park owner to monitor completion of <br />any repairs required, nor does it impose liability on any broker, dealer, tender, or park <br />owner for any injury or claim of whatever nature, which may arise as a result of the <br />failure of the buyer of the home to comply with the home safety features required <br />herein. Failure to comply with the requirements of this subdivision is a park role viola- <br />tion for purposes -of section 327C09. <br />History. 1981 c 526 art 2 s 7,• 1983 c106 s 2-4,1984 c 406s 2,3t 1986 c 444; 1Sp1986 <br />c 3 an i s 36, 1987 c 384 art I s 32 <br />327C.08 REMOVAL AFTER REPOSSESSION. <br />A secured party who repossesses a manufactured home located in a park and then <br />removes the home from the lot owes the park owner rent for the period beginning when <br />the secured party accepts voluntary repossession or takes an action pursuant to sections <br />327.61 to 327-67 and ending on the last day of the calendar month in which the home <br />is removed. The secured party does not awe the park ownerany lot rent or other charges <br />which accrued prior to the time the seared party accepted voluntary repossession or <br />took action pursuant to sections 327.61 to 327..67, if.* - <br />(a) Within seven days after accepting voluntary repossession or taking action pur- <br />suant to sections 327.61 to 327.67, the secured party notifies the park owner in writing <br />that the home is being repossessed; <br />(b) During a proceeding for repossession pursuant to sections 327.61 to 327.67 or <br />chapter 565, the seemed party Days each month's lot rent as the rent becomes due; and <br />(c) Within seven days of accepting voluntary repossession or obtaining a court <br />order for repossession, the secured party removes the home from the park. <br />If the secured party fauns to meet any of these conditions, the secured party shall <br />also be liable to the park owner for all overdue rent, not to exceed three months and <br />not including late fees or othercharges, owed to the park owner on account of the home. <br />This section does not affect any liability or obligation which a secured party may <br />have to a park owner who pursuant to a writ of restitution has removed a home from <br />a lot and stored the home. <br />History. 1981 c 526 art 2 s 8 <br />327C09 TERMINATION. <br />Subdivision 1. Came required. A park owner may recover possession of land upon <br />which a manufactured home is situated only for a reason specified in this section or sec- <br />tion 327C.095. <br />. Subd. 2. Nonpayment of rent or utlIf les. The park owner gives ten days written <br />notice to the resident and to any party holding a security interest in the resident's home <br />known to the park owner that a periodic rental or utilities payment owed to the park <br />owaeris overdue, and neitherthe resident northe secured party cures the default within <br />ten days of receiving the notice. <br />Subd. 3. Violations of law. The resident fails to comply with a local ordinance, <br />state law or state rule relating to manufactured homes within the time the ordinance, <br />state law orstate rule provides or, if no time is provided, within a reasonable time^'r <br />the resident has received written notice of noncompliance. <br />1709 MANUFACRIRED HOME PARx I REN AU 327C.095 <br />Subd. 4. Rule violations. The resident fails to comply with a rule within 30 days <br />after receiving written notice of the alleged noncompliance, except the 30-day notice <br />requirement does not apply to nonpayment of rent. Loud noise anted by residents, <br />guests, or ;heir equipment is a rule violation. After written notice has been provided <br />for two prior incidents, laud noise is a violation of subdivision 5. <br />E Subd. 5. Endangerment; substantial annoyance. The resident acts in the park in a <br />manner which endangers other residents or park personnel, causes substantial damage . <br />to the park premises or substantially annoys other residents, and has received 30 days <br />written notice to vacate, except the park owner may require the resident to vacate <br />immediately if the resident violates this subdivision a second or subsequent time after <br />receipt of the notice- To be effective, the notice must specify the time, date, and nature <br />of the alleged annoyance, damage, or endangerment. A park owner seeking to evict pur- <br />suant to this subdivision need not produce evidence of a criminal conviction, even if <br />the alleged misconduct constitutes a criminal offense. <br />Subd. 6. Repeated serious violations. The resident has repeatedly committed seri. <br />ous violations of the rental agreement or provisions of a local ordinance or state law <br />or state rule relating to manufactured homes, and the park owner has given the resident <br />written notice of the violations and has given the resident a written warning that any <br />future serious violation will be treated as came for eviction as provided in this subdivi- <br />sion, and within six months of receiving the warning the resident commits a serious vic- <br />lation of any park rule or any provision of a local ordinance or state law or state rule <br />relating to manufactured homes- <br />Subd. 7. Material misstatement in application. The resident's application for ten- <br />ancy contained a material misstatement which induced the park owner to approve the <br />applicant as a resident, and the park owner discovers and acts upon the misstatement <br />within one year of the time the resident began paying rent- <br />Subd. 8. Improvements. The park owner has specific plans to make improvements <br />to the park premises which will substantially benefit the health and safety of the resi- <br />dents or have been ordered by a government agency, and which necessitate removal of <br />the resident's manufactured home from the park. The park owner must give the resi- <br />dent 90 days written notice. If another lot is available in the park, the park owner must <br />allow the resident to relocate the home to that lot unless the home, because of its size <br />or local ordinance, is not compatible with that lot. <br />Subd. 9. (Repealed, 1987 c 179 s 12] <br />History. 1982 c 526 art 2 s 9; 1987 c 179 s 6-8 <br />327C.095 PARK ULMEZZ <br />Subdivision 1. Conversion of use; minimum notice. At least nine months before the <br />conversion of all or a portion of a manufactured home park to another use, or before <br />closure of a manufactured home park or cessation of use of the land as a manufactured <br />home park, the park owner must prepare a closure statement and provide a copy to the <br />local planning agency and a copy to a resident of each manufactured home. A resident <br />may not be required to vacate until 60 days after the conclusion of the public hearing <br />required under subdivision 4. If a lot is available in another section of the park that <br />will continue to be operated as a park, the park owner must allow the resident to relo- <br />cate the home to that lot unless the home, because of its size or local ordinance, is not <br />3 compatible with that at. <br />Subd. 2. Notice of hearing; proposed change In land use. If the planned conversion <br />or cessation of operation requires a variance or zoning change, the municipality must <br />mail a notice at least ten days before the hearing to a resident of each manufactured <br />home in the park stating the time, place, and purpose of the public hearing. The park <br />owner shall provide the municipality with a list of the names and addresses of at least <br />one resident of each manufactured home in the park at the time application is made <br />for a variance or zoning change. <br />Subd. 3. Closure statement. Upon receipt of the closure stater 'n m the park <br />