313.01: Purpose
313.02: Definitions
313.03: Notice of Closing
313.04: Notice of Public Hearing
313.05: Public Hearing
313.06: Payment of Relocation Costs to Displaced Owners
313.07: Payment of Additional Compensation to Displaced Owners
313.08: Payment of Relocation Costs to Displaced Renters
313.09: Penalty

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 homeowners and renters in such parks. The purpose of this chapter is to require park owners to pay displaced residents reasonable relocation costs and purchasers of manufactured home parks to pay additional compensation, pursuant to the authority granted under Minnesota Statutes, section 327C.095. (Ord. 1235, 2-28-2000)

The following words and terms when used in this chapter 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 25 mile radius of the park that is closing and the probable relocation costs of the manufactured homes located in the park.
DISPLACED OWNER: 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 the park owner submits a closure statement to the city.
DISPLACED RENTER: A resident of a renter-occupied manufactured home who rents both the lot and the manufactured home in the manufactured home park, including the members of the resident's household, as of the date the park owner submits a closure statement to the city.
DISPLACED RESIDENT: Displaced owner or displaced renter.
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 more in width or 40 feet or more in length, or, when erected on-site, 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 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 association or any other legal or commercial entity. (Ord. 1235, 2-28-2000)

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 months prior to the closure, conversion to another use or termination of use, provide a copy of a closure statement to a resident of each manufactured home and to the City's Community Development Director. (Ord. 1235, 2-28-2000)

Upon receipt of the closure statement, the Community Development Director shall schedule a hearing on the proposed park closing before the city's planning commission. 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 city. (Ord. 1235, 2-28-2000)

A public hearing shall be held before the city planning commission 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. 1235, 2-28-2000)

A. After service of the closure statement by the park owner and upon submittal by the displaced owner of a contract or other verification of relocation expenses, the park owner shall pay to the displaced owner 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:
1. The actual expenses incurred in moving the displaced owner's manufactured home and personal property, including the reasonable cost of disassembling, moving and reassembling sheds and 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.
2. The cost of insurance for the replacement value of the property being moved.
3. The cost of repairs or modifications that are required in order to take down, move and set up the manufactured home.
B. If a displaced owner cannot relocate the manufactured home within a mile radius of the park which is being closed or some other agreed upon distance, and the displaced owner elects not to tender title to the manufactured home, the displaced owner is entitled to relocation costs based upon an average of relocation costs awarded to other residents in the park.
C. A displaced owner compensated under this section shall retain title to the manufactured home and shall be responsible for its prompt removal from the manufactured home park.
D. The park owner shall make the payments under this section directly 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.
E. The displaced owner 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. (Ord. 1235, 2-28-2000)

If a displaced owner either cannot or chooses not to relocate the manufactured home within a 25 mile radius of the park that is being closed or some other agreed upon distance and tenders title to the manufactured home, the displaced owner 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 an amount equal to the estimated market value or the tax assessed value of the manufactured home, whichever is greater, as determined by an independent appraiser experienced in manufactured home appraisal approved by the city. 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 the additional 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 owners no later than the 90 days prior to the earlier of closing of the park or its conversion to another use. (Ord. 1235, 2-28-2000)

A. After service of the closure statement by the park owner and upon submittal by the displaced renter of a contract or other verification of relocation expenses, the park owner shall pay to the displaced renter reasonable costs of relocating. Reasonable relocation costs shall include:
1. The actual expenses incurred in moving the displaced renter's personal property.
2. The cost of insurance for the replacement value of the property being moved.
3. The difference between new lot rent and closed lot rent for a period of two years, if the new lot rent is greater than the old lot rent. (Ord. 1235, 2-28-2000)

A. Violation of any provision of this chapter shall be a misdemeanor.
B. Any provisions of this chapter 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 reasonable relocation costs and the purchaser of the park has provided additional compensation in accordance with the requirements of this chapter. 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. (Ord. 1235, 2-28-2000)