(Added by Ord. No. 165,229, Eff. 11/13/89.)
A. Statement of Purpose. The purpose of this section is to require persons who propose to convert, close or cease the use of a mobilehome park to address the impact on the residents to be displaced, and to take steps to mitigate the adverse impacts on the residents.
B. Definitions. For purposes of this section, the following definitions shall apply:
1. Management. The owner of a mobilehome park or an agent or representative authorized to act on the owner’s behalf in connection with matters relating to a tenancy in the park, including any person who proposes to convert, close or cease the use of a park, or the successor in interest of such person.
2. Mobilehome. A structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the Vehicle Code. Mobilehome includes a manufactured home, as defined in Section 18007 of the Health and Safety Code, and a mobilehome, as defined in Section 18008 of the Health and Safety Code. Mobilehome includes a recreational vehicle, as defined in Section 799.24 of the Civil Code and Section 18010 of the Health and Safety Code, if located in a mobilehome park and continuously occupied by a resident, for nine or more months. Mobilehome does not include a commercial coach as defined in Section 18001.8 of the Health and Safety Code.
3. Mobilehome Park. An area of land where two or more mobilehome sites are rented, or held out for rent, to accommodate mobilehomes used for human habitation.
4. Resident. A homeowner or other person who lawfully occupies a mobilehome.
C. General Requirements.
1. Prior to the conversion of a mobilehome park to another use or closure of a mobilehome park or cessation of use of the land as a mobilehome park, management shall file with the Advisory Agency of the City of Los Angeles, a report on the impact of the conversion, closure, or cessation of use (hereinafter “closure”) upon the residents of the mobilehome park who will be displaced.
EXCEPTION:
This section of the Los Angeles Municipal Code shall not apply to a conversion of a mobilehome park pursuant to the Subdivision Map Act (Division 2 [commencing with Section 66410] of Title 7 of the California Government Code).
2. No person shall cause or permit the closure of a mobilehome park until the impact report has been approved by the Advisory Agency, or the City Council upon request for hearing.
D. Procedures.
1. Time for Filing Impact Report.
(a) (Amended by Ord. No. 173,492, Eff. 10/10/00.) If the proposed closure of the park requires a discretionary local governmental permit or approval for which a hearing is required by law, including but not limited to a change of zone, height district change, exception from a specific plan, conditional use, variance, or coastal development permit, then the impact report shall not be filed until the discretionary approval has been obtained.
The impact report shall be filed with the Advisory Agency and served on each resident of the mobilehome park concurrently with service of the six months’ notice described in Section 798.56(f)(2) of the California Civil Code.
(b) If the proposed closure of the mobilehome park does not require any of the discretionary approvals described in Paragraph (a) above, then the impact report shall be filed with the Advisory Agency and served on each resident of the mobilehome park concurrently with service of the twelve months’ notice described in Section 798.56(f)(2) of the California Civil Code.
EXCEPTION:
If either the six months’ notice or the twelve months’ notice has been served on the residents of the mobilehome park prior to the effective date of this section, then, within ninety (90) days of the effective date of this section, the impact report shall be served on all current residents and on all residents who have left the mobilehome park since those notices were given, and filed with the Advisory Agency.
(c) Proof of service of the impact report on the residents of the mobilehome park must be provided to the Advisory Agency at the time of filing the impact report.
2. Impact Report Contents. The impact report shall address the availability of adequate replacement housing in other mobilehome parks and relocation costs for each resident of the mobilehome park. It shall specify the steps to be taken by management to mitigate any adverse impact of the proposed closure on the residents who will be displaced.
The impact report shall provide that any dispute regarding the rights of management or a resident under the impact report shall be heard and resolved by the Advisory Agency, under such rules as it shall adopt, when application for such review is made by management or any resident.
In addition, the impact report shall contain such information as the Advisory Agency shall deem necessary, as set forth in regulations promulgated by the Advisory Agency pursuant to this section.
3. Hearing and Notice. Upon the receipt of an impact report, the Advisory Agency shall examine the same and advise management whether it is complete, within fifteen (15) days after receipt thereof. When a complete impact report has been filed, it shall be accepted by the Advisory Agency, and the Advisory Agency shall set a time, date and place for a hearing, not less than fifteen (15) days and no later than forty-five (45) days after the date of acceptance. At least fifteen days prior to the hearing, the Advisory Agency shall mail notice to management and the residents of the date, time and place of the hearing. The notice of hearing shall contain a general explanation of the matters to be considered by the Advisory Agency. The Advisory Agency may give such additional notice as it deems necessary or desirable.
4. Findings and Decision. After conclusion of the hearing, the Advisory Agency shall render its decision. The Advisory Agency shall approve, conditionally approve or disapprove the impact report. The Advisory Agency shall approve the impact report if it finds: (a) that the impact report contains the information required; and (b) that reasonable steps have been or will be taken to mitigate the adverse impacts of the closure on each of the residents. In approving the impact report, the Advisory Agency may impose such conditions as it finds necessary to mitigate the adverse impacts on the residents; however, any steps required to be taken by management pursuant to this section shall not exceed the reasonable costs of relocation. At a minimum, the Advisory Agency shall require management to comply with Section 47.08 of this Code. Notice of the Advisory Agency action shall be mailed to management, to all residents and to all persons who have filed written request therefor.
Nothing in this section shall prevent any other governmental agency or decision making body of the City of Los Angeles from imposing a condition relating to relocation assistance on any discretionary approval involving the mobilehome park.
5. Request for Council Hearing. Management, any resident, or any officer, board, department or bureau of the City may request, and shall have the right to, a hearing before the City Council on the sufficiency of the impact report. The request shall be filed in duplicate, in a public office of the Department of City Planning on forms provided for that purpose within ten days after the action of the Advisory Agency. Such requests shall not be considered as having been filed unless and until the form has been properly completed and all information required by it has been submitted. The completed request form and file shall then immediately be transmitted to the City Clerk for hearing before the City Council.
The City Clerk shall set a time and date for a hearing, not less than fifteen (15) days and not later than forty-five (45) days after the filing date and shall mail written notice of such hearing to the management, all residents, the person requesting the hearing, the Advisory Agency, and all persons who have filed written request therefor, at least fifteen days prior to the hearing.
The City Council, shall, upon conclusion of the hearing, within seven days, declare its findings based upon the testimony and documents produced before it or before the Advisory Agency.
For all requests for hearing, the City Council may sustain, modify, reject or overrule any recommendations or rulings of the Advisory Agency and may make such findings as are not inconsistent with the provisions of this section.
6. Extensions. Any of the time limits specified in this section may be extended by mutual consent of management and the Advisory Agency, or the City Council, on requests for hearing.
E. Expiration and Extension of Impact Report. The approval of an impact report shall become null and void after 36 months from the date of the mailing of the final approval of the impact report. Thereafter, management shall not convert, close or cease the use of the park until such time as a new impact report is approved. However, upon application of the management, filed with the Advisory Agency on or before the date of expiration, the impact report may be extended by the Advisory Agency up to an additional 36 months. An application for an extension shall be subject to the notice and hearing procedures described in Subdivision 3 of Subsection D of this section.
F. Revocation and Amendment. Any time prior to the closure of the mobilehome park, the Advisory Agency may, in its discretion, and upon good cause shown, initiate proceedings for the revocation or amendment of an impact report. Good cause may include, but is not limited to, change of circumstances which render the conditions or requirements of the impact report no longer necessary or appropriate, negligent or fraudulent misrepresentation of fact relating to the impact report, or noncompliance with the conditions of the impact report. Prior to revoking or amending an impact report, the Advisory Agency shall conduct a hearing in accordance with the procedures set forth in Subdivision 3 of Subsection D of this section. Upon revocation, management shall not convert, close or cease the use of the park until such time as a new impact report is approved. Such revocation or amendment is subject to the same request for hearing as is provided in Subdivision 5 of Subsection D of this section.
G. Evictions Pending Compliance with Impact Report. Termination of a tenancy of any resident pursuant to California Civil Code Section 798.56 or any other provision of law shall not relieve management of its obligation to comply with the conditions or requirements of the impact report applicable to that resident. However, if the termination of tenancy is based on Subdivisions (a), (b), (c), (d) or (e) of Section 798.56 of the California Civil Code, the Advisory Agency, upon request by management, may grant to management extensions of time within which to comply with the conditions of the impact report.
H. Additional Authority of the Advisory Agency. If, notwithstanding the fact that management has not served a six months’ or twelve months’ notice on the residents, the Advisory Agency finds that management is attempting to close or convert a park, then the Advisory Agency shall require the filing of an impact report.
I. EXCEPTIONS. If the U.S. Bankruptcy Court issues an order requiring closure of the mobilehome park, as part of a valid bankruptcy proceeding, then the provisions of this section shall not be applicable.
J. Remedies.
1. The failure of management to comply with this section or with any condition of the impact report shall be a defense in any action to terminate tenancy under Subdivision (f) of Section 798.56 of the California Civil Code.
2. Violation of this section shall constitute a misdemeanor. In addition, the violation of any valid condition of an impact report imposed by the Advisory Agency pursuant to this section shall constitute a misdemeanor.
K. Effective Date. The provisions of this section shall apply to any eviction proceeding that has not yet been reduced to final judgment. Accordingly, any affirmative defenses to an unlawful detainer proceeding created or modified by this section shall apply to any such proceeding not reduced to final judgment as of the effective date of this section.