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HomeMy WebLinkAboutOrdinance 592 . . . ORDINANCE NO. 592 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA A ORDINANCE RELATING TO MANUFACTURED HOME PARK CLOSINGS AND AMENDING TITLE 1000 BY ADDING A NEW CHAPTER 1011 OF THE MOUNDS VIEW MUNICIPAL CODE The City of Mounds View Ordains: Section 1. Title 1000 of the Mounds View Municipal Code is amended by adding a new Chapter 1011 entitled "Manufactured Home Park Closings" to read: 1011.01: 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 Chapter is to require park owners to pay displaced residents reasonable relocation costs and additional compensation, pursuant to the authority granted under Minnesota Statutes. Section 327C.095. 1011.02: DEFINITIONS: The following words and terms when used in this Chapter shall have the following meaning unless the context clearly indicates otherwise: Subd. 1. CLOSURE STATEMENT: a statement prepared by the park owner clearly stating that the park is closing. addressing the availability. location and. potential costs of adequate replacement housing within a 25 mile radius of the park that is closing and the probable relocation cost of the manufactured home located in the park. Subd.2. DISPLACED RESIDENT: a person with an ownership interest in a manufactured home who rents a lot located in a manufactured home park which is subject to the requirements ofthis Chapter. including the members ofthe resident's household. as of the date the park owner submits a closure statement to the City's Planning Commission. For pm:poses of this section. ownership interest shall include a fee title. contract for deed vendee or a leasehold interest. Subd.3. LOT: an area within a manufactured home park. designed or used for the accommodation of a manufactured home. Subd. 4. MANUFACTURED HOME: a structure. not affixed to or part of real estate. transportable in one or more sections. which in the traveling mode. is 8 body feet or more in width or 40 body feet or more in length. or. when erect on site. is 320 or more square feet and which is built on a permanent chassis and designed to be . . . City Council Ordinance No. 592 December 9, 1996 Page 2 used as a dwelling with or without a permanent foundation when connected to the required utilities. and includes the plumbing. heating. and electrical system contained in it. Subd. 5. MANUFACTURED HOME PARK: any site. lot. field. or tract of land upon which two or more occupied manufactured homes are located. either free of charge or for compensation. and includes any building. structure. tent vehicle. or home park. This definition does not include facilities which are open only during three or fewer seasons ofthe year. Subd. 6. PARK OWNER: the owner of a manufactured home park and any person acting on behalf of the owner in the operation. management or legal control of a park. Subd. 7. PERSON: any individual. corporation. firm. partnership. incorporated and unincorporated association. or any other legal or commercial entity. 1011.03 NOTICE OF CLOSING: Ifa manufactured home park is to be closed. converted in whole or part to another use or terminated as a use ofthe property. the park owner shall. at least nine months prior to the closure. provide a copy of a closure statement to displaced residents of each manufactured home and to the City's Planning Commission. 1011.04 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 displaced 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 displaced resident of each manufactured home in the park at the time the closure statement is submitted to the Planning Commission. 1011.05 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. 1011.06 PAYMENT OF RELOCATION COSTS Subd. 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 25 mile radius of the park that is being closed. converted to another use or ceasing operation. Reasonable relocation costs shall include: . . . City Council Ordinance No. 592 December 9, 1996 Page 3 1011.07 Subd. 1. Subd. 2. Subd.3. 1011.08 a. The actual expenses incurred in moving the displaced resident's manufactured home and personal property. including the reasonable cost of dissembling, moving and reassembling any attached appurtenances. such as porches. decks. skirting. and awnings, which were acquired before or 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 move the manufactured home. PAYMENT OF ADDITIONAL COMPENSATION If a displaced resident cannot relocate the manufacture home within a 25 mile radius of the park that is being closed or some other agreed upon distance. the displaced resident is entitled to additional compensation to be paid by the park owner. in order to mitigate the adverse financial impact of the park closing. If the displaced resident tenders the title to the manufactured home. the additional compensation shall be in an amount equal to the estimated market value of the manufactured home as determined by the County Assessor and as reported on the displaced resident's most recent property tax statement. The park owner 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. 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 displaced resident elects not to tender title to the manufactured home. the displaced resident is entitled to relocation costs based upon an average of relocation costs awarded to other displaced residents in the park. The total compensation to be paid to displaced residents by the park owner shall not exceed twenty (20) percent of the purchase price of the park or twenty (20) percent ofthe market value of the park as determined by the County Assessor. whichever value is greater. VERIFICATION OF COSTS: The displaced resident must submit a contract or . . . City Council Ordinance No. 592 December 9, 1996 Page 4 other verified cost estimates 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 cost estimates. the park owner shall arrange for relocating the manufactured home and pay the relocation costs identified in Section 1011.06. 1011.09 PENALTY Subd. 1. Violation of any provision of this Chapter shall be considered a misdemeanor. Subd. 2. Any provisions of this Chapter may be enforced by injunction or other appropriate civil remedy. Subd. 3. The City shall not approve an application for a building permit. rezoning. platting. development review. conditional use permit or variance in conjunction with reuse of manufactured home park property unless the park owner has paid reasonable relocation costs and provided additional compensation in accordance with the requirements of this Chapter. Section 2. EFFECTIVE DATE: This ordinance shall take effect thirty (30) days after the date of its publication. Read by the City Council of the City of Mounds View this 25th day of November, 1996. ATTEST: Charles S. Whiting, Cit Clerk-Administrator Approved as to Form: C'" , c:\office\wpwin\wpdocs\specproj\moblhome\sp- . 1O.ord . . . 1\ffilaauit of l1ubUcation '" ~ate of :!Iinnt.6ota} .6.6. <!rounty of f!UtW.6ty . _ -..N.~_T..be~_.d.Q1'-.e__LLllLe , being duly sworn, on oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as N p w R rig h ton B u 11 e tin , and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of 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 Ordinance No. 592 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for We d. , the successive weeks; it was first published on 18th 19~, Dp. r. . day of and was thereafter printed and published on every to and including , 19_; and printed , the day of 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: <<~--~ /,/ . ABCBCrEillldl(LMNOl'QRSTl:lVl,':X':Z "ABOElE:FOJ IIJI(LMlmp€JRSTUVW)(','i!: . abcdefghijklmnopqrstuvwxyz BY: TITLE: Subscribed and sworn to before me on this 18 t h day of Of" r , 19-9-6-. ''::) 4~t\.~,"'.l. "--. ~~,~,~~ Notary Public * Alphabet should be in the same size and kind of type as the notice. RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space. . . . . . . . . . . . . . . . . . . . . . . . . .$14.10 per col. inch (2) Maximum rate allowed by law for the above matter. . . . . . . . . . . . . . . . . . $9.56 per col. inch (3) Rate actually charged for the above matter ..................... $ per col. inch 1/96 ORDINANCE NO. 592 struct\jre not affixed to or part of real estate. CITY OF MOUNDS VIEW I;! !mJjsoortable In one or more sections. which relociltin9 the manufactured h9fT1e to another. COUNTY OF RAMSEY .;'1 In ~e travelill9 mode Is 8 body feet or more manufactured home Dark located within a 25 S.... 'a"'EOF M'IN.NES.O' t'A "','.1 In ~idth 6r 40 body fe~ or more in len9th 'or mile radius of the r;>ark that is bein"" closed. '^' w1ien;erect on site. is 320 or more souare feet converted to another use or ceasing A ORDINANCE REJ.,ATINGTO , 'i an'dwhich is built on a Dermanent chassis and oDeratlon. Reasonable relocation costs shall MANUFACTURED HOME PARK CLOSINGS . designed to be used as a dwelling with or ~ ANQ AMENDING TITLE 1000 BY ADDING A without' e' Dermanent foundation when a The actual eXDenses incurred in movin9 NEW CHAPTER 1011 OF THE MOUNDS connected to thereouired utilities and the disDlaced resident's manufactured home VIEW MUNICIPAL CODE' includes the plumbin9 heating and electrical and Dersonal proDerty. including the The City of Mounds Vie)N Ordains: svstem contained in It. reasonable cost of dissembling movin9' and Section 1. Title 1000 of the Mounds View Subd. 5. MANUFACTURED HOME PARK' reassembling anv attaohed aDDurtenances. Municipal Code is amended by adding a new any site lot. field or tract of land upon which such as porches. decks skirting and Chapter 1011 entitled "Manufactured Home . two or more oCcuDied manufactu~ed homes awnings whicl:1 were acouired before or after Park Closings" to read: are located either free of charge or for notice of closure or conversion of the Dark 101101' PURPOSE' In viell\( of the Deculiar compensation and includes any buildinQ. and utility "hook-UD" ch~ nature and problems presented by the closure structure tent vehicle. Qr home Dark This b The cost of insurance for the or conversion of manufactyred home Darks.. definition does not include facilities which are reDlacement-value of the orooertv being the City Council finds that the oublic health ooen only durinQ three or fewer seasons of ~ safety and general welf;ire will be Dromoted' ~ c. The cost of reoairs or modifications that bv reQuiring comDensation to disolaced Subd 8. PARK OWNER: the owner of a are reQuired in order to move the residents of such Darks The ourpqS9 of this manufactured home Dark and any Derson manufactured home . Chaoter is to require Dark owners to Day acting onbehalf ofthe owner in the ooeration. 1011 07 PAYMENT OF ADDITIONAL disolaced residents reasonable relocation manaQement or legal control of a Dark COMPENSATION costs and additional comoensation oursuant SuM 7. PERSON' any individual Subd 1 If a disDlaced resident cannot to the authority granted under Minnesota' corooration. firril. Dartnershio. incoroerated relocate the man\lfactured home within a 25 Statutes. Section 327C.095 and unincOroorated association. or ami other mile radius of the Dark that is being closed or 101102' DEFINITIONS: The followinQ leaalorcommercialentlty some other aQreed uDondistance the words and terms when used In this ChaDter C . OF C OSING If disolaced resident is entitled to additional sh all have the follow' In g' mean' In g unless the i, 1011 .03. N OTl E L . a . -- .. -- --- - "---- ----.-- ------ - f d h k. t bid comDensation to be oaid by the Dark owner. in context clearlv indicates otherwise' manu aature ome oar IS 0 e c ose. d . . h d fi . I .' ct --- _.__Jo .------ ---.- rted" h I It to oth or er to mitigate tea verse nancla Imoa ' 'Subd. 1 CLQSURE STATEMENT: a conve In w oe or Da an er use or h 'd 'd ----. - ------- -------- - . ed' f th rh, th k of the Dark closing If t e displace reSI ent statement DreDared bv' the, Dark owner clearlv. termlnat as a use 0 e orope. .,.. e par h . fa d h - -- - -- --- - -- --- --- .__Jo II I i h. th tenders t e title to the manu cture ome. statin!il that the Dark is closing addressing the owner sha . ~t east n ne mont s Dnor to e the additional comDensation shall be in an availability location and Dotential costs of ." closure Drovlde a. CODY of a closure statement amount eQual to the estimated market value adeQuate reDlacement housing within a 25 to a displaced resl~e~ of e~ch man~ct~red of the manufactured home as determined by mile radius of th~ Dark that isclosin9 and the,,~.h1~rt~~ t~~tl~~~~la;~~elgo~~~~~. the Countv.Assessor and as reDorted on the probable relocation cost of the maQufactured 'tTh 'PI . C., .'.. hll. b. .t th displaced resident's most recentoroperty tax home located in the par.k. ", Ii .' annlnO ommlsslon s a SU~I e statement. The Dark owner shall Dav such.. Subd 2 DISPLACED RESIDENT: a Dersoncl9-!'ure state.ment to.!he City. Council an.d compensation into an escrow account with an ownership interest in a manufactufecl TeqU~t lhEl CI~ CounCil to, schedule a public established by the park. owner for distribution home who rents a lot located in. a!'1~nng The. City shall mall ~ notice: at least UDon transfer of title to the home. Such manufactured home Dark which is sulliect to t~n days DrlO~ to the Dubhc hearing to a compensation shall be paid to the displaced the reauirements of this Chaater including the: dlSDla~ed reSident ~f each ~anufactured residents no later than thirty (30) d;;ws Drior to members of the resident's household. as of. home In the Dark s~ting the time place and the closinQ of the Dark or its conversion to the date the Dark owner submits a closure' DUrD?Se of th~ he~nnQ. !he Dark owner shall another use statement to the City's Planning Commission orovlde the City With a list o.f the names, and For DurDoses of this section, ownershio addresses of at least one d',SDlaced resident Subd 2 If a displaced resident cannot --- -------- -- --.- -------. ------ -- f h anufactured home n the Dark at the relocate the manufactured home within a 25 interest shall include a fee title contralllfor ~ eac m .. . I. mile radius of the. park which is being closed deed vendee or a leasehold interest. time t~e Closure. ~tement IS submitted to the Subd 3.. LOT: an 'area within a Planning Commission. . or some other agreed upon distance and the ---- -. ---. -- ---- ----.- 1011 05 PUBLIC HEARING' A nubile disolacedresident elects not to tender title to manufacturv,~ home Dark d~signed or used .. . . . '. " . h d' I d for the accommodation of a manufactured heann9 shall be held b~re.the City Council the manufactured home t e IliP ace ~ . - for the purpose of re~lewlng t~e closure resident is entitled to relocation costs based Subd 4. MANUFACTUJlED HOME' a statement, and evaluatlnQ what lIT~oact the uoon an average of relocation costs awarded . - park closlnQ may have on t~e dlSDlaced to other displaced residents in t~e{)ark . residents and the Dark owner Subd 3 The !otal co!f1Densation to be oald 1011.08. PAYMENT OF RELOCATION to disDlaced residents bv the Dark owner shall QQSIS. '. not exceed twenty (20) oercent of the st~t:~~~t ~ft~~e s~~~~c~:~etrh:n~O:~~~ _o"reM~ jjit~ ~ ~~ submlttal~y the displaced resident of a .~v Q;. contract or 'Other verification of relocation 'h eXDenses th~ Dark owner shall Dav to the . , I OO~ COSTS: e displace~ reSident th, rea~?~~bl~,c.~~t.<!.f _ . e other verifieg cost estimates for relocatin!}' thEi., ,. manufactured home to the Dark ownerfot;:.; aooroval as a condition to. the park owner's liability to Day relocation eXDenses. If the park owner refuses to Dav the contract or other verified cost estiml!les the park owner shaU .~. arrange for relocating the manufactured home" and Day the relocation costs identified irl" Section 1011 06.d< 101109. PENALTY!;}' Subd. 1. Violation of any orovision of this.' Chaoter shall be considered a misdemeanor Subd. 2 Any Drovisions of this Chaoter ma~..J be enforced by iniunction or other aooroDriate civil remedy. Subd. 3. The City shall not aoorove all)~ aDDlication for a buildinQ Dermit. rezonin9i . Dialling develoDment review conditional use" Dermit or variance in conjunction with reuse of manufactured home Dark Drooertv unless thljo. park owners has Daid reasonable relocation - . costs and orovided additional comDensation in accordance with the reouirements of this} ~ Section 2. EFFECTIVE DATE: This, ordinance shall take effect thirty (30) da'ys': after the date of its publication. !::. Read by the City Council of the City of" Mounds View this 25th day of November;.' 1996. Read and passed by the City Council of the City of Mounds View this 9th day of December, 1996. /s/ Jeronv-" ,ke. ,'~' ':lr" ATTEST: / '.....S ..o;.~ Charles S. Whiting J -,( ~ 'O~() CIW C~erl,t.Admlnistr~ J ~~ ."C- (B~lIe~ln:~ec.18, 1r' ...~o . 'l'j~:,-i. ("/// .1 .