For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CLOSURE OF A MANUFACTURED DWELLING PARK. To stop or cease leasing spaces in a manufactured dwelling park, to terminate manufactured dwelling space rental agreements for all or a portion of the park spaces, or to otherwise engage in activity to effect termination of rental agreements or leases or to evict tenants. Termination of tenancy under O.R.S. 90.645, or actions required by the exercise of eminent domain or by order of state or local agencies shall not constitute CLOSURE OF A MANUFACTURED DWELLING PARK.
COMPARABLE MANUFACTURED DWELLING PARK SPACE. Any space, lot, or parcel of land within 25 miles of the park that is:
(1) Decent, safe, and sanitary;
(2) Adequate in size to accommodate the manufactured dwelling;
(3) Within the financial means of the displaced tenant;
(4) Functionally equivalent;
(5) In an area not subject to unreasonable adverse environmental conditions; and
(6) In a location generally not less desirable than the location of the displaced tenant’s space with respect to public utilities, facilities, services, and the displaced tenant’s place of employment.
MANUFACTURED DWELLING. A residential trailer, mobile home, or a manufactured home as those terms are defined in O.R.S. 446.003.
MANUFACTURED DWELLING PARK. A place where four or more manufactured dwellings are located, the primary purpose of which is to rent space or keep space for rent to any person for a fee.
OWNER. A mortgagee in possession and means one or more persons, jointly or severally, in whom is vested all or part of the legal title to a manufactured dwelling park; or all or part of the beneficial ownership and a right to present use and enjoyment of the manufactured dwelling park. OWNER includes an authorized representative of the owner.
RELOCATION COSTS.
(1) Includes actual reasonable expenses in moving the tenant’s manufactured dwelling and possessions to a comparable replacement space. Such expenses include:
(a) Removal and reinstallation of skirting;
(b) Disconnecting utilities;
(c) Disconnecting and removing awning(s) and deck(s) from the manufactured dwelling;
(d) Trip permit and public inspection fees;
(e) Transportation costs;
(f) Set up charges;
(g) Utility connection expenses and fees;
(h) Unit improvements to meet destination facility space standards;
(i) Costs for packing and unpacking manufactured dwelling or residential vehicle contents as necessary for unit relocation for elderly and disabled persons, as defined in O.A.R. 813-005-0005 and 813-060-0010, respectively;
(j) Temporary housing and meals for the tenant and permanent occupants during unit relocation and set up; and
(k) Landlord expenses to secure the relocation space acceptable to the tenant from the time of tenant acceptance until the date the relocated manufactured dwelling or residential vehicle is approved for occupancy.
(2) Notwithstanding the above, RELOCATION COSTS shall not include and shall be offset by relocation assistance received, including, but not limited to, financial incentives to move into a new park from a person or entity other than the owner.
TENANT. A person who owns and occupies a manufactured dwelling in a manufactured dwelling park. For the purpose of this chapter, a TENANT does not include a tenant who has accepted an earlier termination date or contracted with the landlord as provided in O.R.S. 90.630(6).
(Prior Code, § 5.315) (Ord. 2007-22, passed 12-10-2007)