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7616-06 ORDINANCE NO. 7616-06 AN ORDINANCE OF THE CITY OF CLEARWATER ESTABLISHING THE MOBILE HOME TRANSITION PROGRAM; AMENDING THE COMMUNITY DEVELOPMENT CODE, ARTICLE 4, DIVISION 2, GENERAL PROCEDURES, TO ADD SUBSECTION 4-202A.26; AMENDING COMMUNITY DEVELOPMENT CODE, ARTICLE 4, DIVISION 6, TO ADD SECTION 4-610; PROVIDING A LEVEL THREE PROCEDURE FOR DETERMINATION THAT ADEQUATE MOBILE HOME PARKS OR OTHER SUITABLE FACILITIES EXIST FOR THE RELOCATION OF MOBILE HOME OWNERS PURSUANT TO FLORIDA STATUTES SECTION 723.083; PROVIDING FOR QUALIFYING GOVERNMENTAL ACTION; PROVIDING FOR APPLICANT RESPONSIBILITIES; PROVIDING FOR STATUTORILY REQUIRED COUNCIL ACTION; PROVIDING FOR CONDITIONAL FINAL DECISION; PROVIDING STANDARDS FOR REVIEW; CREATING CODE OF ORDINANCES CHAPTER 34, SPECIAL FUNDS, ARTICLE I, SECTIONS 34.01 THROUGH 34.12; PROVIDING FOR SUPPLEMENTAL RENTAL ASSISTANCE PAYMENT FUND; PROVIDING FOR AN ALTERNATIVE MITIGATION OPTION; PROVIDING FOR RENTAL ASSISTANCE PAYMENTS TO ELIGIBLE INDIVIDUALS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 723, Florida Statutes, regulates mobile home park tenancies and intends to balance the basic property rights of park owners with the housing needs of mobile home owners renting sites within mobile home parks; and WHEREAS, the City Council of the City of Clearwater (Council) is empowered under Chapter 166, Florida Statutes, to enact ordinances for the benefit of the safety, health and welfare of the people of the City; and WHEREAS, in an attempt to strike an appropriate balance, Section 723.083, Florida Statutes, specifically restricts the ability of a local government to take any official action, including rezoning, that would result in the removal or relocation of mobile home owners residing in a mobile home park without first making an affirmative finding that there exist adequate mobile home parks or other suitable facilities for the relocation of mobile home owners; and WHEREAS, the Department of Legal Affairs, Office of the Attorney General, specifically found that a finding of adequate or suitable facilities per Section 723.083, Florida Statutes, "be appropriate to the financial and other needs of the specific population of mobile home owners"; and Ordinance No. 7616-06 WHEREAS, the Council finds there is a scarcity of affordable housing in the City of Clearwater and Pinellas County, which limits the amount of affordable mobile home parks or other suitable facilities available to mobile home owners subject to removal or relocation as a result of a mobile home park redevelopment; and WHEREAS, the Council finds that applicants often lack sufficient information about the financial capacity of individual mobile home owners within the park needed to allow the Council to determine the existence of adequate or suitable facilities for the relocation of eligible displaced mobile home owners; and WHEREAS, the failure of an applicant to provide competent substantial evidence sufficient to support the Council's requisite finding under Section 723.083, Florida Statutes, of available adequate or suitable facilities within the financial means of mobile home owners removed or relocated as the result of a rezoning or other official action, standing alone, represents a justification for denial of rezoning or other official action; and WHEREAS, the recent widespread conversion of mobile home parks to other uses, and the resulting potential removal and relocation of mobile home owners, present separate and immediate short-term needs that must be assessed under Section 723.083, Florida Statutes; and WHEREAS, the Council finds that there exists an essential nexus between the legitimate City interest of complying with the statutory requirement of ensuring adequate affordable housing for mobile home owners under Section 723.083, Florida Statutes, and the voluntary rental assistance payment option set forth in this mobile home transition program; and WHEREAS, the Council further finds that there exists the required degree of connection between the voluntary rental assistance payment option and the ability to ensure adequate or suitable facilities for mobile home owners impacted as a result of a park redevelopment; and WHEREAS, pursuant to Section 723.083, Florida Statutes, the absence of adequate or suitable facilities for the relocation of eligible mobile home owners displaced as a result of a rezoning or other official action requires denial of rezoning or other official action; and WHEREAS, the Mobile Home Transition Program, as proposed and implemented herein, is intended to supplement the existing methods by which an applicant can meet its statutory burden under Section 723.083, Florida Statutes, and this additional voluntary method will simultaneously assist eligible mobile home owners to secure adequate or suitable facilities; and WHEREAS, offering a voluntary rental assistance payment option to the applicant is specifically designed to address, and substantially relates to, the need to 2 Ordinance No. 7616-06 assure the affordability of adequate or suitable facilities for those mobile home owners who might be removed or relocated as a result of the governmental action; and WHEREAS, the availability of such rental assistance option in the manner and by the procedures provided in this ordinance addresses the needs of the specific population of mobile home owners who will be removed or relocated by a rezoning or other official action approval that triggers the provisions of Section 723.083, Florida Statutes; and WHEREAS, the Council deems it appropriate for the applicant to set aside an amount sufficient to ensure the ability of eligible mobile home owners to secure affordable facilities and maintain affordability for a period of up to two years; and WHEREAS, less administrative fees, all funds provided by the applicant and not used to provide rental assistance to individual mobile home owners should be returned to the applicant; and WHEREAS, the Council's specific intent is that, regardless of the source of the funding, any voluntary monies paid to support a Section 723.083, Florida Statutes, finding are to be paid directly to the City or its designee and not to the individual mobile home owners, and no funds from the program are to be construed as a payment by the applicant that would otherwise disqualify the mobile home owner for payment by the Mobile Home Relocation Corporation provided for under Section 723.0612, Florida Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, that: Section 1. The foregoing "Whereas" clauses are hereby incorporated as legislative findings in support of this Ordinance. Section 2. The Clearwater Community Development Code, Article 4, Section 4-202, Applications for Development Approval, is amended by adding subsection A. 26 to read as follows: . 26. If approval of the application would result in the removal or relocation of mobile home owners residing in a mobile home park as provided in Florida Statutes 723.083, the application must provide information sufficient to show that adequate mobile home parks or other suitable facilities exist for the relocation of the mobile home owners. Mobile Home Owners shall be defined as those persons who own their coach but rent a lot space within the subject property and are subject to the provisions and protections provided for in Chapter 723, Florida Statutes. The application shall include the following information: 1. The total number of mobile homes in the park that are owned by mobile home owners; and 3 Ordinance No. 7616-06 2. Monthly rent charged for each space occupied by a mobile home owner; and 3. A list of the names and mailing addresses of the present mobile home owners within the subject property. This list should identify those units that are suitable for moving and for which only vacant replacement lots will be identified; and 4. Household profile for each owner-occupied mobile home within the park, including number of adults, number of children, and whether pets have been allowed in the park. Replacement units identified should be suitable for similar household profiles; and 5. A list of other mobile home parks or other suitable facilities with vacant units available at the time of application that are of a similar cost profile to which owners residing in the subject property could reasonably expect to relocate. This list will include, at a minimum, name and address of the park, park contact name and phone number, the number of vacant spaces available and the cost of those spaces, park guidelines on age and condition of acceptable units, number of rental units available and the cost of those rentals. All parks or other suitable facilities must be located within a ten-mile radius of the subject property and serve the same age, household, and occupancy profiles as the subject property. 6. Any other information that the Applicant deems necessary to demonstrate that adequate mobile home parks or other suitable facilities exist for the relocation of the mobile home owners. Section 3. The Clearwater Community Development Code, Article 4, Division 6, is amended by adding Section 4-610 to read as follows: Section 4-610. Governmental action affecting mobile home owners. A. Purpose and applicability. It is the purpose of this section to establish a procedure for determining that adequate mobile home parks or other suitable facilities exist for the relocation of the mobile home owners pursuant to Florida Statutes 723.083 (hereinafter referred to as "the Determination"), when an applicant has filed for rezoning or any other official action that would result in the removal or relocation of mobile home owners residing in a mobile home park other than a resident-owned park. This section shall apply to any application for Level One, Two or Three approval that would result in the removal or relocation of mobile home owners residing in a mobile home park other than a resident-owned park, hereinafter referred to as a Qualifying Official Governmental Action ("QOGA"). Resident-owned parks involved in legally sanctioned and voluntary applications for changes of zoning are specifically excluded from the provisions of this ordinance. Level One or Two approvals shall be contingent upon the Determination required herein. If the Application 4 Ordinance No. 7616-06 includes more than one Level Three approval the hearing shall be conducted concurrently. B. Application/initiation requirements. An application for Level One, Two or Three approval that would result in the removal or relocation of mobile home owners residing in a mobile home park other than a resident-owned park, shall include such information as is applicable in Section 4-202(A). C. Staff review and recommendation. After the community development coordinator has reviewed the application with the development review committee in accordance with the provisions of Section 4-202(C) and (D), he shall send a written report and recommendation to the community development board, with a copy to the applicant, setting forth a recommended Determination of approval, approval with conditions or denial and the grounds for such recommendation. D. Community development board review/recommendation. Upon receipt of the recommendation of the community development coordinator, the community development board shall conduct a public hearing on the Determination request in accordance with the requirements of Section 4-206 and issue a recommended order to the City Council setting forth the board's findings in regard to whether the applicant has demonstrated that adequate mobile home parks or other suitable facilities exist for the relocation of the mobile home owners based on the standards set forth in Section 4-610 G. and may include any proposed conditions. E. City Council review/decision. Upon receipt of the recommended order of the community development board, the City Council shall conduct a public hearing in accordance with the provisions of Section 4-206. If the Council is satisfied that the evidence indicates that adequate mobile home parks or other suitable facilities exist for the relocation of the eligible displaced mobile home owners, it shall make a finding of such and the condition for approval shall be met. If the Council is not satisfied that the evidence indicates the existence of adequate mobile home parks or other suitable facilities for the relocation of the eligible displaced mobile home owners, the finding shall state such and the QOGA shall be denied or approved conditionally as provided in subsection F. below. F. Upon determining that there is a lack of competent substantial evidence to support an affirmative finding under Section 723.083, Florida Mobile Home Act, the Council may grant a conditional approval under the following conditions: 1. The Applicant shall deposit monies into the Supplemental Rental Assistance Payment Fund (Chapter 34, Article I, Code of Ordinances) for purposes of assuring that rental assistance is available for all eligible mobile home owners for whom affordable mobile home parks or other suitable facilities cannot be identified, and 2. The full Supplemental Rental Assistance Payment amount must be deposited prior to issuance of any permits for the site, and 3. No notice of eviction for change of use of property shall be given or effective unless the mobile home park owner shall have first paid to the 5 Ordinance No. 7616-06 City an amount equal to the City's actual out-of-pocket cost to qualify mobile home owners and provide initial counseling times the number of owner-occupied mobile homes located in the mobile home park as provided in Article 34 of the Code of Ordinances, and 4. No later than the date the notice of eviction for change of use is given to mobile home owners, the Applicant will notify mobile home owners of their rights under Article 34 including possible eligibility for rental assistance payments if affordable replacement or relocation facilities cannot be identified. 5. Alternatively, an Applicant may provide an alternative means of meeting the requirements of Section 723.083 by addressing in a manner acceptable to the Council any affordability gap, using the criteria defined herein, between the cost of the identified replacement unit and the affordable rent as published by the State of Florida's State Housing Initiative Partnership Program for the mobile home owner's household income category. Any such alternative means shall meet the spirit and intent of the Supplemental Rental Assistance Payment Fund. The granting of such conditional approval pursuant to this section will provide a presumption that the provisions of Florida Statutes, Chapter 723.083 have been satisfied. G. Standards for review. 1. The proposed Determination is consistent with and furthers the goals, policies and objectives of the comprehensive plan and furthers the purposes of this Development Code and other city ordinances and actions designed to implement the plan. 2. The Council shall review all information provided and shall make its decision based on substantial and competent evidence. Section 4. The Code of Ordinances of the City of Clearwater is hereby amended to create Chapter 34 Special Funds, Article I Supplemental Rental Assistance Payment Fund, to read as follows: Article I. Supplemental Rental Assistance Payment Fund. Section 34.01 Purpose. The Supplemental Rental Assistance Payment Fund ("Fund") is intended as a resource to assure that affordable mobile home parks or other suitable facilities will be available for mobile home owners who are removed or relocated as a result of a rezoning or any other official action as provided in Florida Statutes 723.083 hereinafter referred to as a Qualifying Official Governmental Action CQOGA"). Payments from this Fund do not provide a relocation payment or any other form of compensation to mobile home owners. If the Applicant for a QOGA cannot identify adequate mobile home parks or other suitable facilities 6 Ordinance No. 7616-06 that are affordable to the impacted mobile home owners, the payment will be used to provide temporary rental assistance to qualified mobile home owners. Section 34.02 Applicabilitv. An Applicant who has been granted a conditional approval under Section 4-610 of the Clearwater Community Development Code and who has not provided an alternative means of meeting the requirements of Section 723.083 acceptable to Council, shall make payment into the Fund as provided in this Article. Section 34.03 Replacement housinq profile. The Applicant shall provide information specified below to establish a replacement housing profile for the mobile home owners residing in the park. For purposes of this Article "Mobile Home Owners" shall be defined as those persons who own their coach but rent a lot space within the subject property and are subject to the provisions and protections provided for in Chapter 723, Florida Statutes. The following information shall be provided: 1. The total number of mobile homes in the park that are owned by mobile home owners; and 2. Monthly rent charged for each space occupied by a mobile home owner; and 3. A list of the names and mailing addresses of the present mobile home owners within the subject property. This list should identify those units that are suitable for moving and for which only vacant replacement lots will be identified in subsection 5 below; and 4. Household profile for each owner-occupied mobile home within the park, including number of adults, number of children, and whether pets have been allowed in the park. Replacement units identified in subsection 5 should be suitable for similar household profiles; and 5. A list of other mobile home parks or other suitable facilities with vacant units available at the time of application and that are of a similar cost profile to which owners residing in the subject property could reasonably expect to relocate. This list will include, at a minimum, name and address of the park, park contact name and phone number, the number of vacant spaces available and the cost of those spaces, park guidelines on age and condition of acceptable units, number of rental units available and the cost of those rentals. All parks or other suitable facilities must be located within a ten-mile radius of the subject 7 Ordinance No. 7616-06 property and serve the same age, household, and occupancy profiles as the subject property. Section 34.04 Payment into Fund. A. Calculation of Deposits. The amount to be deposited into the Supplemental Rental Assistance Payment Fund by the Applicant will be calculated by the City or its designee using the following methodology: 1. Identify the units occupied by mobile home owners and unit size based on number of bedrooms; and 2. Identify the weighted average lot rent for owners in the subject mobile home park; and 3. Identify the weighted average rents for similarly sized rental units in Clearwater; and 4. The per-unit amount to be deposited is based on the gap between the weighted average monthly lot rent and the weighted average monthly rent for similarly sized apartments in Clearwater; and 5. The per-unit amount defined in subsection 4 above, is multiplied by the number of owners in the subject property, who have not voluntarily signed a waiver of their Chapter 723.083 protections, and by the 24- month maximum assistance period; and 6. To determine the total deposit required, the amount calculated in subsection 5 above is multiplied by a factor of 1.15 to meet administrative fee requirements. B. Administrative Fee. Funds deposited with the City to provide rental assistance payments are subject to a fifteen percent (15%) non-refundable fee to cover the cost of program administration. C. Form of Payment. Deposits to the Supplemental Rental Assistance Payment Fund will be made payable to the City of Clearwater or its designee. The City or its designee will calculate the deposit amount required based on an economic profile derived from information provided by the Applicant as provided herein and other housing cost data. The full Supplemental Rental Assistance Payment amount must be deposited prior to issuance of any permits for the site. The deposit may be cash or an irrevocable letter of credit issued by a major financial institution in favor of the City of Clearwater, in a form approved by the City or its designee and from which solely the City is authorized to draw upon for rental assistance as provided herein as needed. Any cash shall be deposited in an interest-bearing account, with the interest accruing to the benefit of the 8 Ordinance No. 7616-06 Applicant. Any letters of credit shall be for a period of one year provided, however, that the City may draw on such letter of credit if it is not renewed for an additional year not later than thirty (30) days prior to its expiration. The Applicant may substitute cash, in whole or in part, for the letter of credit from time to time. The letter of credit shall be reduced in amount to the extent that the Applicant substitutes cash therefore. D. Advance of Rental Assistance Payment. If Applicant posts a letter of credit pursuant to Subsection C above, City shall provide Applicant with a good faith written estimate twenty (20) days prior to commencement of a calendar quarter of the total amount of rental assistance payments and administrative costs anticipated to be required for such quarter, less any funds remaining from prior payments by Applicant. The Applicant shall advance such estimate amount to the City within ten (10) days of receipt of such estimate, failing which the City may draw such amount under the letter of credit. If within the ten (10) day period, Applicant objects in writing to City's estimate, Applicant and City shall meet to try to resolve the matter within thirty (30) days after Applicant's objection, failing which the City may draw on the letter of credit. E. Payment prior to Notice of Eviction. No notice of eviction for change of use of property shall be given or effective unless the mobile home park owner shall have first paid to the City an amount equal to the City's actual out-of-pocket cost to qualify mobile home owners and provide initial counseling times the number of owner-occupied mobile homes located in the mobile home park. Such sum shall be used by the City or its designee in determining whether mobile home owners qualify for rental assistance payments hereunder and shall be fully creditable against any sums payable pursuant this section. F. Return of Excess Funds. Any Supplemental Rental Assistance Payment funds deposited by the Applicant and any interest earned thereon and not used as rental assistance payments will be returned to the Applicant within ninety (90) days following the end of the rental assistance period. The administrative fee is not refundable. Section 34.05 HousinQ CounselinQ. Mobile home owners requesting rental assistance must agree to receive housing counseling services as a prerequisite. City or its designee will provide individual housing counseling services to determine the housing needs and level of affordability of the mobile home owner. Rental assistance payments will be used as a resource only when affordable mobile home parks or other suitable facilities have not been identified by other means. Affordable replacement housing may be located for the mobile home owner without the need for rental assistance. Every attempt will be made to place mobile home owners onto suitable waiting lists and identify other strategies that will remove them from the rental assistance program as expeditiously as practicable. 9 Ordinance No. 7616-06 Section 34.06 Applicant Identification of Replacement Unit. For each mobile home owner within the subject property who requests rental assistance payments, Applicant will identify a replacement unit in a mobile home park or other suitable facility located within ten (10) miles of the subject property. Replacement units must be decent, safe, and sanitary, and meet Pinellas County's Housing Quality Standards and City of Clearwater Housing Code. Nothing herein shall prevent a mobile home owner from accepting a replacement unit outside the ten-mile radius if the mobile home owner so chooses. Section 34.07 Supplemental Rental Assistance Payments. Rental assistance payments are available for qualified mobile home owners for whom affordable replacement housing has not been identified. The amount of the rental assistance payment shall be sufficient to cover the gap between the rent of the identified eligible unit and the mobile home owner's affordability. Affordability will be based on gross household income, adjusted for household size as defined by the State Housing Initiatives Partnership Program (SHIP), Section 420.907 et. seq., Florida Statutes, using the rents published annually for the SHIP program, adjusted for utilities. Section 34.08 EliQibility for Rental Assistance Payments. In order to be eligible for rental assistance payments, mobile home owners must meet the following criteria: (1) Be an eligible owner of a mobile home as defined in Chapter 723, who was renting a space in the subject property prior to initiation of the QOGA request, and continuing to rent such space from such date to the filing of a complete application for assistance. (2) Has not been offered an affordable replacement unit, as defined herein, in another mobile home park or other suitable facility. (3) Has an affordability gap, using the criteria defined herein, between the cost of the identified replacement unit and the affordable rent as published annually by the State of Florida's State Housing Initiative Partnership Program for the mobile home owner's household income category. (4) Is a full-time resident in good standing as evidenced by being current in rents and other fees due to the park owner, unless such rents and other fees are being withheld due to a bona fide Order by a Court of Law pending resolution of legal action. (5) Has provided complete and accurate information in the Application for Rental Assistance described herein. 10 Ordinance No. 7616-06 (6) Has completed the housing counseling prerequisite and complied with all recommendations provided by the housing counselors. Section 34.09 Applications for Supplemental Rental Assistance. Mobile home owners requesting rental assistance will be required to complete an Application for Rental Assistance in a form acceptable to the City or its designee within 90 days following receipt of notice to vacate the property or final approval of the zoning change, whichever is later. Information contained in the application will be used to determine household affordability and housing need, and should include, but is not limited to, the following: (1) Name, age, total gross household income, places of employment, sources of income, household assets, number of persons in the household, dates of birth, and social security numbers; and (2) Mailing address, residency status, number of bedrooms in the current mobile home; and (3) Documentation establishing the applicant as an owner of record for the mobile home per Chapter 723; and (4) Monthly or weekly costs of pad rental, park utility fees, and other charges collected by the park owner from the mobile home owner; and (5) Any special needs of the residents of the unit relating to handicapped accessibility; and (6) Signed forms authorizing verification of income/asset information provided. Section 34.10 Review of Application. Applications will be reviewed by City staff or its designee to determine the afford ability and housing needs of the mobile home owners. Failure of mobile home owners to provide timely, accurate, and complete information will make it impossible to determine housing needs and affordability and may render them ineligible for rental assistance. All applications are subject to the Public Records Laws of the State of Florida. Section 34.11 Rental Assistance Payments Are Made to the Lessor. Rental assistance payments will be made to the Lessor on behalf of the mobile home owner. No payment will be made directly to any mobile home owner, guardian, or family member of a mobile home owner. Section 34.12 Term of Rental Assistance Payments. The rental assistance payment benefit period must be consecutive and cannot exceed 24 months. 11 Ordinance No. 7616-06 Section 5. If any section, subsection, sentence, clause, phrase or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such holding shall not be construed to render the remaining provisions of this Ordinance invalid or unconstitutional. Section 6. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING May 4, 2006 PASSED ON SECOND AND FINAL READING AND ADOPTED May 18, 2006 4-~/~ ~ V. Hibbard - Mayor Approved as to form: Attest: JJJA- Pamela K. Akin City Attorney ~it~~tltnL ~ Cynt' . Goudeau . o City er .. - 12 Ordinance No. 7616-06