(A) The owner of a manufactured dwelling park may apply for relief from the requirements of this chapter. Compliance with the terms of this chapter shall not be a precondition to such application. Upon receipt of an owners application for relief setting forth facts demonstrating how application of the chapter is unduly oppressive under the circumstances then and there existing, together with an application filing fee in an amount established by City Council, the City Manager shall make a recommendation to the City Council, and based upon the record of a public hearing in accordance with Council rules for conduct of administrative and quasi-judicial hearings, the City Council shall determine the extent to which application of this chapter, or portions thereof, is unduly oppressive.
(B) In making that determination, the Council shall consider the amount and percentage of value loss, the extent of remaining uses, past, present, and future, the seriousness of the public problem caused by the owner’s acts of closure, the degree to which these provisions mitigate the problem and the feasibility of less oppressive solutions. The Council shall consider other factors as may be relevant or necessary to achieve a lawful application of these provisions. The Council shall make written findings, supported by substantial evidence, of the extent to which application of these provisions are unduly oppressive, and articulate those requirements or payments that the owner need not bear to avoid such oppression. As to these requirements or payments, the owner shall be relieved. As to the remaining owner obligations, the Council shall, considering the record of the proceedings, the unmitigated impacts upon the tenants, and the intent and purpose of this chapter, declare the manner in which such obligations shall appear in the relocation plan or other conditions of the manufactured dwelling park closure permit.
(C) Appeal of Council action under this section shall be by writ of review or other appropriate procedure.
(Prior Code, § 5.350)