HomeMy WebLinkAbout3614A
Ordinance No. 3614
(Amending or Repealing Ordinances)
CFN=207 - Mobile Home Park Code
Passed - 9/17/2002
Mobile Home Closures
(Amend Secs. 12.01.040;12.05.020;12.05.030;12.05.040;12.05.320;
12.05.330;12.05.340;12.05.350;12.05.360;12.05.370;12.05.380)
Amends Ords. 3424 & 3574 (Sec. 12.01.040)
Amends Ord. 2990 (Sec. 12.05.020, .030, .040)
Amended by Ord 3801 (Sec. 12.01.040)
Amended by Ord. 4011 (Sec. 12.01.040(A))
Amended by Ord. 4044 (Sec. 12.01.040)
Amended by Ord. 4050 (secs. 12.05.040;12.05.370)
The date ["Beginning July 1, 1998"] has led to confusion This date will be deleted from cover sheets of
ordinance/resolution revision pages This cover sheet will be deleted on electronic pages only, no other
deletions or changes have been made to the document — 6/21/2012
ORDINANCE NO. &1 V
AN ORDINANCE of the City Council of
the City of Kent, Washington, amending section
12.01.040 and chapter 12.05 of the Kent City Code
by adding provisions related to closure or change in
use of mobile home parks.
WHEREAS, the closure of mobile home parks creates a harm to the
public interest, health, safety, and general welfare through the displacement of low-
income households and the possible loss of a significant personal property investment;
and
WHEREAS, many tenants of long-established mobile home parks own
dwelling units that could be determined by the Washington State Department of Labor
and Industries to be incapable or ineligible for relocation from mobile home parks; and
WHEREAS, many tenants of long established mobile home parks own
dwelling units deemed unacceptable by other mobile home parks due to considerations
of style, appearance, or condition and have difficulty finding vacant spaces due to the
high demand for existing mobile home spaces; and
WHEREAS, the City of Kent Comprehensive Plan includes policy
direction to provide relocation assistance to low-income households, where feasible;
and
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WHEREAS, the City of Kent seeks to establish regulations for the
closure or change in use of a mobile home park that will mitigate the effects on the
tenants of the mobile home park; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. — Amendment. Section 12.01.040 of the Kent City Code
is hereby amended as follows:
Sec. 12.01.040. Project permit application framework.
A. Process types. The following table lists the process types; the corresponding
applications; and parenthetically, the corresponding final decision maker and appellate
body.
2 Mobile Home Closures
Mobile Home Closures
Process I
Process iI
Process III
Process IV
Process V
Process VI
Applications
Zoning permit
Administrative
Conditional use
Planned unit
Final plat
Zoning of
review (1) (7)
design review
permit (5) (10)
development (6)
(6) (10)
newly
(1) (7)
(10) with change
annexed lands
of use
(6) (10)
Performance
Shoreline
Sign variance (5)
Area -wide
standards
substantial
(10)
rezones to
procedures (1)
development
implement
(7)
permit (1) (9)
new city
policies (6)
10
Sign permit (1)
Accessory
Special home
Rezone (6) (10)
Comprehensive
(7)
dwelling unit
occupation
plan amendmen
permit (1) (7)
permit (5) (10)
(6) (10)
Lot line
Administrative
Variance (5) (10)
Development
adjustment (1)
variance (1) (7)
regulations (6)
(7)
(10)
Administrative
Downtown
Shoreline
Zoning map
interpretation
design review,
conditional use
amendments
(1) (7)
all except for
permit (5) (9)
(6) (10)
minor remodels
(3) (7)
Application
Downtown
Shoreline
Zoning text
conditional
design review,
variance (5) (9)
amendments
certification
only minor
(6)(10)
multi -family
remodels (1) (7)
tax exemption,
(1)(8), all other
multi -family
tax exemption,
(1)(7)
Development
Multifamily
Preliminary plat
plan review
design review
(5) (8)
(planning
(1) (7)
manager,
building
official, or
public works
director (7)
Administrative
Binding site
approval/WTF
plan (2) (7)
(1 )(7)
Mobile Home
Short
Planned unit
Park Closure
subdivision (4)
development (5)
(11 )(7)
(7)
(10)without a
change of use
(1) Final decision made by planning manager. (7) Appeal to hearing examiner
(2) Final decision by binding site plan committee (8) Appeal to city council
(3) Final decision made by downtown design review committee (9) Appeal to shoreline hearings board
(4) Final decision made by short subdivision committee (10) No administrative appeals
(5) Final decision made by hearing examiner (11) Final decision made by manager of
(6) Final decision made by city council housing and human services
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B. Process procedures. The following table lists the process types and the
corresponding procedures.
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Project Permit Applications (Processes I — V)
Legislative
Process I
Process II
Process III
Process IV
Process
Process VI
V
Requires pre-
Yes, for projects
Yes, for projects
Yes, for
Yes
No
No
application
requiring SEPA
requiring SEPA
projects
conference
review
review
requiring
SEPA
review
Notice of
Yes, for projects
Yes, for projects
Yes
Yes
No
No
application
requiring SEPA
requiring SEPA
review
review, short
plans and
shoreline
substantial
development
permits
Recommendation
N/A
N/A
N/A
Hearing
N/A
Land use and
made by
examiner
planning board
Final decision
Planning
Planning
Hearing
City council
City
City council
made by
manager,
manager,
examiner
based upon
council
building official,
downtown design
record made
of -public works
review
before hearing
director_or
committee,
examiner
manager of
binding site plan
housing and
committee or
human services
short subdivision
as applicable
committee, as
noted in KCC
1201 140
Open record
Yes, if appealed,
Yes, if appealed,
No
No
No
No
appeal-
then before
then before
hearing examiner
hearm examiner
Open record
No
No
Yes, before
Yes, before
No
Yes, before land
hearing_
hearing
hearing examiner
use and plannm
examiner to
to make
board to make
make final
recommendation
recommendatio
decision
to council
to city council,
and/or before ci
i
council
Reconsideration.
No
No
Yes, of
Yes, of hearing
No
No
hearing
examiner's
examiner's
recommendation
decision
Closed record
Only if appeal of
Only if appealed,
Only if
No
No
No
appeal
denial of multi-
then before the
appealed,
family
shoreline
then before
conditional
hearings board if
the shoreline
certificate, then
applicable
hearings
before the city
board if
council
a licable
Judicial appeal.
Yes
Yes
Yes
Yes
Yes
Yes
Mobile Home Closures
SECTION 2. — Amendment. Chapter 12.05 of the Kent City Code is
hereby amended to read as follows:
CHAPTER 12.05 MOBILE HOME PARKS
Sec. 12.05.020. Purpose.
The purpose of this chapter is to provide rules, regulations, requirements, and
standards for the development, closure, and change in use of mobile home parks in the
city, insuring that the public health, safety, general welfare and aesthetics of the city
shall be promoted and protected; that orderly growth, development, and the
conservation, protection, and proper use of land shall be insured; that property
provisions for all public facilities, including circulation, utilities, and services shall be
made; that maximum advantage of site characteristics shall be taken into consideration
and that conformance with provisions set forth in the city comprehensive plan, zoning
code and subdivision code shall be insured.
Sec. 12.05.030. Scope.
This chapter applies to any acquisition of land, improvement of land, or the
development of land for mobile home park use. This chapter applies to the closure or
change in use of mobile home parks. This chapter shall apply to all lands within the
corporate boundaries of the city. Where this chapter imposes greater restrictions or
higher standards upon the development of land than other laws, ordinances, codes or
restrictive covenants, the provisions of this chapter shall prevail. Any expansion,
reconstruction, or modification of an existing mobile home park shall comply with the
standards, specifications, and procedures of this chapter. Any units brought into an
existing mobile home park, any mobile home relocated on its own lot or onto any other
lot, and any additions to the structure or structures present on any lot, e.g., storage
buildings, canopies, decks, patios, fences, etc., must comply with this chapter as well
as all other applicable city codes and regulations.
5 Mobile Home Closures
Sec. 12.05.040. Enforcement.
A. Inspection. In regard to the closure or change in use of mobile home parks, it
shall be the duty of the manager of housing and human services to enforce the
applicable provisions of this chapter. In regard to all of the remaining provisions of
this chapter, lit shall be the duty of the building official to enforce the applicable
provisions of this chapter after a final site plan has been approved. The manager of
housing and human services and the building official may inspect any mobile home
park in order to verify compliance with this chapter. Each mobile home shall be
inspected when it is placed on a mobile home lot to insure that all setback, separation
requirements, etc., are met. Such inspection shall be performed at the time such
mobile home is placed on the lot or as soon thereafter as is reasonably practicable.
Failure to make such inspection shall not constitute a waiver of any of the provisions
of this chapter. For inspection purposes, the manager of housing and human services
and the building official or their his duly authorized representative shall have the right
and is hereby empowered to enter any mobile home park.
B. Enforcement. The code enforcement division of the fire department may
require a permit for the placement of a mobile home on a lot and may charge for such
permit. If, after due investigation, the building official determines that any provision
of this chapter has been violated, the mobile home park owner shall have fourteen (14)
days to remedy the violations. If the violations are not corrected within fourteen (14)
days, the violations shall be forwarded to the city attorney for action under KCC
12.05.300, Penalties. If, after due investigation, the manager of housing and human
services determines that a provision of this chapter has been violated, enforcement
action may be taken under KCC 12.05.360.
6 Mobile Home Closures
Sec 12.05.320. Eviction notices for change of use or closure of a mobile
home park.
A. Before a mobile home park owner may issue eviction notices pursuant to a
closure or change of use under RCW Chapter 59.21 the mobile home park owner
must first submit to the housing and human services office a relocation report and
plan that meets the requirements of KCC 12.05.330. If applying for a change of use
the mobile home park owner shall submit the relocation re ort and plan together with
all other necessaryqpplications. Once the manager of housing and human services
determines that the relocation report and plan meets the requirements of KCC
12.05.330, the manager of housing and human services shall stamp his or her
approval on the relocation report and plan and return a copy of the approved plan to
the mobile home park owner. If the manager of housing and human services
determines that the relocation report and plan does not meet the requirements of KCC
12.05.330, the manager of housing and human services may require the mobile home
park owner to amend or supplement the relocation report and plan as necessary to
comply with this chapter before approving it.
B. No sooner than upon approval of the relocation report and plan the owner of
the mobile home park may issue the twelve (12) month eviction notice to the mobile
home park tenants. The eviction notice shall comply with RCW 59 20 080 and RCW
59.21.030, as amended. No mobile home owner who rents a mobile home lot may be
evicted until the twelve 12 month notice period expires, except pursuant to the State
Mobile Home Landlord-Tenant Act, Chanter 59.20 RCW
Sec. 12.05.330. Relocation report and plan.
A. The relocation report and plan shall describe how the mobile home park owner
intends to comply with RCW Chapters 59.20 and 59 21 relating to mobile home
relocation assistance, and with KCC 12.05 320 through 12.05.370. The relocation
report and plan must provide that the mobile home park owner will assist each mobile
home park tenant household to relocate in addition to making any State or Federal
required relocation payments. Such assistance must include providing tenants an
Mobile Home Closures
inventory of relocation resources, referring tenants to alternative public and private
subsidized housing resources, helping tenants obtain and complete the necessary
application forms for State-required relocation assistance, and helping_ tenants to move
the mobile homes from the mobile home park. Further, the relocation report and plan
shall contain the following information:
1. The name, address, and family composition for each mobile home park
tenant household, and the expiration date of the lease for each household;
2. The condition, size, ownership status, HUD and State Department of
Labor & Industries certification status, and probable mobility of each mobile home
occupying a mobile home lot;
3. Copies of all lease or rental agreement forms the mobile home park
owner currently has in place with mobile home park tenants;
4. To the extent mobile home park tenants voluntarily make such
information available, a confidential listing of current monthly housing costs,
including rent or mortgagee payments and utilities, for each mobile home park tenant
household;
5. To the extent mobile home park tenants voluntarily make such
information available, a confidential listing of gross annual income for each mobile
home park tenant household;
6. An inventory of relocation resources, including available mobile home
spaces in King, Snohomish, Kitsap and Pierce Counties;
9. Other actions the owner will take to mini
home
of the closure or conversion of
Mobile Home Closures
B. The manager of housing and human services mU require the mobile home
park owner to designate a relocation coordinator to administer the provisions of the
relocation report and plan and work with the mobile home park tenants the housing
and human services office, and other city and State offices to ensure compliance with
the relocation report and plan and with State laws governing mobile home park
relocation assistance, eviction notification, and landlord/tenant responsibilities.
C. The owner shall make available to any mobile home park tenant residing in the
mobile home park copies of the proposed relocation report and plan with confidential
information deleted. Within fourteen (14) days of the manager of housing and human
service's approval of the relocation report and plan a copy of the approved relocation
report and plan shall be mailed by the owner to each mobile home park tenant
D. The mobile home park owner shall update with the housing and human
services office the information required under this section to include any chance
circumstances occurring after submission of the relocation report and plan that affects
the relocation report and plan's implementation.
Sec. 12.05.340. Certificate of completion of the relocation report and plan
No mobile home park owner may close a mobile home park or obtain final
approval of a comprehensive plan or zoning redesignation until the mobile home park
owner obtains a certificate of completion from the housing and human services office
The manager of housing and human services shall issue a certificate of completion
onlv if
and
in
Sec. 12.05.350. Notice of provisions.
It is unlawful for any party to sell lease or rent any mobile home or mobile
iding a copy of any relocation report and plan to
Mobile Home Closures
provisions of KCC 12.05.320 through 12.05.370 and the status of any relocation report
and plan.
Sec. 12.05.360. Administration.
The manager of housing and human services shall administer and enforce KCC
12.05.320 through 12.05.370. Whenever an owner or an owner's agent fails to comply
with the provisions of KCC 12.05.320 through 12.05.370, the following mgy occur:
A. The manager of housing and human services may deny, revoke, or condition a
certificate of completion, a permit, or another approval,
oval,
B. Any other appropriate city official may condition any permit or other approval
upon the owner's successful completion of remedial actions deemed necessm by the
manager of housing and human services to carry out the purposes of KCC 12.05.320
through 12.05.370.
Sec. 12.05.370. Appeal.
Any ppeal from a determination of the manger of housing and human services
under KCC 12.05.320.A., 12.05.340, and 12.05.360.A., shall be an open record
hearing filed within fourteen (14) days of the determination in accordance with the
procedures established for Process I applications under KCC chapter 12.01.
Sec. 12.05.380. Closure and government sponsorship.
A. If an eminent domain action by a Federal, State or local agency causes closure
of a mobile home park and the procedures set forth in the Federal Uniform Relocation
Assistance and Real Property Acquisition Policies Act, 42 U.S.C. 4601 et seq., and the
regulations of 49 CFR Part 24 or the Relocation Assistance — Real Property
Acquisition Policy Act of Chapter 8.26 RCW and the regulations of Chapter 468-100
WAC are followed, the requirements of those acts and regulations will supersede the
requirements of KCC 12.05.320 through 12.05.370.
B. If a condemnation action of the city causes closure of a mobile home park, the
city will be responsible for fulfilling the requirements of the standards contained
10 Mobile Home Closures
herein. If the city chooses to follow portions of the State act and regulations and the
manager of housing and human services and the director of public works determine
that there is a conflict or redundancy between the portions of the State act and
regulations being followed b the he city, and the standards contained herein the State
act shall take precedence in such areas of conflict or redundancy. If the State act is
followed in all respects, such act will supersede the requirements of this section and
the standards contained herein.
SECTION 3. — Severability. If any one or more section, subsections, or
sentences of this ordinance are held to be unconstitutional or invalid, such decision
shall not affect the validity of the remaining portion of this ordinance and the same
shall remain in full force and effect.
SECTION 4. — Effective Date. This ordinance shall take effect and be
in force thirty (30) days from and after passage as provided by law.
ATTEST:
RENDA JACOBER, C
VED AS TO FORM:
J WHITE, MAYOR
,si
BRUBAKER, CITY ATTORNEY
11 Mobile home Closures
PASSED: day of '2002.
Or—
APPROVED: day of '2002.
PUBLISHED: day of , 2002.
I hereby certify that this is a true copy of Ordinance No. 36
passed by the City Council of the City of Kent, Washington, and approved by the
Mayor of the City of Kent as hereon indicated.
P\Crvd\Ordlnance\MoblleHomeClosure doc
(SEAL)
BRENDA JACOUk, CITY CLERK
12 Mobile Home Closures