A. Any person who files a relocation impact report application may, together with such application, file a written request for a total or partial exemption from the obligation to provide relocation assistance benefits, accompanied by a completed relocation impact report. A request for exemption shall be considered by the City Council at the public hearing for the relocation impact report.
B. If a request for an exemption is filed, the applicant shall notify the mobile home owners and residents of the mobile home park of the request for exemption, providing them with a copy of the request for exemption and a description of the project proposed for the property that is the subject of the change of use or closure of the mobile home park.
C. A request for exemption from the obligation to provide relocation assistance benefits shall include a statement specifying at least one of the following bases for the exemption:
1. The applicant has entered into a written agreement with specified eligible occupants providing for mutually satisfactory relocation assistance benefits. A request for exemption under this Subsection shall apply to only those specified eligible occupants that have reached an agreement with the applicant and shall comply with the following:
a. The written agreement shall be in at least 12-point type and shall include, but is not limited to, the following terms and conditions:
i. The eligible occupant is aware of the provisions of this Chapter and a copy of this Chapter is attached to the agreement.
ii. The eligible occupant's right to seek advice of an attorney prior to signing the agreement.
iii. A reasonable time table for the provision of relocation assistance and a clause that such agreement shall become void if such relocation assistance has not been provided within the agreed upon time table.
iv. Any eligible occupant signing such an agreement may rescind it in writing within ten (10) days of signing the agreement.
v. No eligible occupant signing a relocation assistance agreement may contest the adequacy of the relocation impact report.
b. The agreement shall be recorded against the mobile home park property on the records of the County of Los Angeles in sufficient form and detail to advise a potential purchaser of the fee interest in the mobile home park property of the existence of and content of the agreement.
c. A prospective purchaser of an eligible occupant's mobile home in the mobile home park shall be advised as to the existence of any such agreements between the applicant and the eligible occupant before purchasing a mobile home and provided with a copy of the recorded agreements.
2. The provision of relocation assistance would eliminate substantially all reasonable use and economic value of the property, and continued use of the property as a mobile home park would eliminate substantially all reasonable use and economic value of the property for reasons not caused or contributed to by the mobile home park owner. A request for exemption under this Subsection shall be accompanied by a qualified appraisal and shall include the following:
a. Statements of profit and loss from the operations of the mobile home park for the five-year period prior to the date of the relocation impact report application. Such statements must be certified by a certified public accountant. All such statements shall remain confidential to the extent permitted by law.
b. If the applicant contends that continued use of the property as a mobile home park is economically infeasible due to the costs of necessary repairs, improvements or both, that are not the result of the mobile home park owner's negligent failure to properly maintain the mobile home park, then the following items must accompany the request for exemption:
i. A statement made under penalty of perjury by a State licensed general contractor, experienced in the design, construction and maintenance of a California mobile home park, which shall include the following:
(a) Contractor has thoroughly inspected the entire mobile home park, has determined that repairs and improvements must be made to the mobile home park to maintain it in a decent, safe and sanitary condition, and that those repairs are Not the result of the mobile home park owner's or applicant's negligent failure to properly maintain the property.
(b) An itemized statement of improvements and repairs and the estimated costs of those improvements and repairs due to deferred maintenance.
(c) The minimum period of time in which such improvements or repairs must be made.
ii. If the Director requires an analysis of the information submitted by the general contractor, the Director may procure services of another licensed general contractor, at the applicant's sole cost and expense, to provide such written analysis, before consideration of the request for exemption of the applicant's obligation to provide relocation assistance benefits.
iii. A statement verified by a certified public accountant as to the necessary increase in rental rates of mobile home. Spaces within the mobile home park within the next five (5) years necessary to pay for such improvements and repairs that are not the result of the mobile home park owner's or applicant's negligent failure to properly maintain the mobile home park property.
iv. An estimate, provided by a qualified real estate appraiser of the value of the mobile home park property if the change of use of the mobile home park was approved for development consistent with the relocation impact report application and the value of the property if the use was continued as a mobile home park.
v. Such other information which the applicant believes to be pertinent or which may be required by the Director.
(Ord. No. 2011-010 § 1 (part))