HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/18/2020 - SECOND READING OF ORDINANCE NO. 098, 2020, AMENDINAgenda Item 5
Item # 5 Page 1
AGENDA ITEM SUMMARY August 18, 2020
City Council
STAFF
JC Ward, Senior Planner
Bronwyn Scurlock, Legal
SUBJECT
Second Reading of Ordinance No. 098, 2020, Amending Section 18-6 of the Code of the City of Fort Collins
Regarding Mobile Home Park Management and Livability.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on August 4, 2020, presents proposed City Code
updates related to the livability issues identified by residents, property managers, and owners of manufactured
housing communities. Staff’s recommendation includes the following Code changes:
• The establishment of a new requirement for every mobile home park owner to post an onsite manager’s
name, regular office hours, and emergency contact instructions in both English and Spanish in a
conspicuous location near the park entrance or management office in Section 18-6(a).
• The establishment of a new, consistent requirement that trees and tree maintenance costs in mobile home
parks in Fort Collins are the responsibility of mobile home park owners and that tree maintenance costs
may not be charged to residents in Section 18-6(c).
• The establishment of limitations on property owner or manager-required upgrades or improvements to a
mobile home or mobile home lot by residents. Upgrades or improvements related to the mobile home’s
exterior maintenance, repair, and upkeep under the park’s lawful rules are allowed in Section 18-6(e).
• The expansion of protection for organizing homeowners’ associations for mobile home parks outlined in
Colorado Revised Statute § 38-12-206 to include neighborhood groups that represent residents and
renters as well as homeowners and the establishment of protection against retaliation for participating in
mobile park homeowner’s associations, neighborhood groups, and community meetings in Section 18-6(f).
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, August 4, 2020 (w/o attachments) (PDF)
2. Ordinance No. 098, 2020 (PDF)
Agenda Item 13
Item # 13 Page 1
AGENDA ITEM SUMMARY August 4, 2020
City Council
STAFF
JC Ward, Senior Planner
Bronwyn Scurlock, Legal
SUBJECT
First Reading of Ordinance No. 098, 2020, Amending Section 18-6 of the Code of the City of Fort Collins
Regarding Mobile Home Park Management and Livability.
EXECUTIVE SUMMARY
The purpose of this item is to present proposed City Code updates related to the livability issues identified by
residents, property managers, and owners of manufactured housing communities. Staff’s recommendation
includes the following Code changes:
• The establishment of a new requirement for every mobile home park owner to post an onsite manager’s
name, regular office hours, and emergency contact instructions in both English and Spanish in a
conspicuous location near the park entrance or management office in Section 18-6(a).
• The establishment of a new, consistent requirement that trees and tree maintenance costs in mobile home
parks in Fort Collins are the responsibility of mobile home park owners and that tree maintenance costs
may not be charged to residents in Section 18-6(c).
• The establishment of limitations on property owner or manager-required upgrades or improvements to a
mobile home or mobile home lot by residents. Upgrades or improvements related to the mobile home’s
exterior maintenance, repair, and upkeep under the park’s lawful rules are allowed in Section 18-6(e).
• The expansion of protection for organizing homeowners’ associations for mobile home parks outlined in
Colorado Revised Statute § 38-12-206 to include neighborhood groups that represent residents and
renters as well as homeowners and the establishment of protection against retaliation for participating in
mobile park homeowner’s associations, neighborhood groups, and community meetings in Section 18-6(f).
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Purpose and Intent
The goal of the proposed amendments to Municipal Code regarding Mobile Home Management and Livability
is to help create a safe and equitable environment for manufactured housing community residents in the city
and advance Council and community priorities related to manufactured housing residents’ rights and
neighborhood livability.
Fort Collins is home to approximately 1,400 housing units in ten manufactured housing communities also
known informally as “mobile home parks”. One of the most affordable housing options in the City, mobile
homes offer opportunities for purchasing or renting a single-family unit situated on privately-owned land.
Because each housing unit is on property that is not usually owned by residents of the unit, these communities
have a unique combination of neighborhood livability concerns and issues not addressed by the City’s existing
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Agenda Item 13
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single-family or multi-family services. Livability standards enforced by City Code Compliance and
Environmental Compliance have been handled differently in manufactured housing communities than in other
neighborhoods throughout the city because of concerns with legal right-of-entry to inspect from private streets
within the parks.
Residents of manufactured housing communities in the city may also experience additional barriers to
engagement not seen with residents of other single-family neighborhoods. Manufactured housing communities
do not typically have Homeowners Associations or Neighborhood Associations and are home to populations
identified by the Communications & Public Involvement Office as “hard-to-reach” for public engagement, such
as senior citizens, low English proficiency speakers, and low-income residents. The combined impact of
unique issues associated with manufactured housing community livability and decreased efficacy of traditional
public engagement strategies for residents creates a need for more diverse engagement opportunities to
connect residents with City and community resources. In September 2019, a cross-departmental Residents’
Rights Technical Team began work to build relationships with MHC residents, owners, and managers; identify
and address livability concerns; protect residents from retaliation and abuse; create consistent local
investigation and enforcement processes; and assist residents with community organizing.
Manufactured Housing Community/Mobile Home Park Residents across the city and the Growth Management
Area identified these specific priority livability issues to guide the Residents’ Rights Team’s work:
• Housing instability / fear of community closure
• Utility billing transparency
• Maintenance responsibilities (trees, amenity-upkeep, snow)
• Retaliation / harassment
• Frequent rent increases
• Evictions
• Safety (vehicle speeds, lighting)
• Restriction on home sales
• Availability of management
• Language equity
• Frequent rule changes
• Infrastructure conditions
Review of current Municipal Code and enforcement processes revealed existing protections for residents as
well as gaps in enforcement and a need to update and strengthen some Municipal Code provisions.
Additionally, Colorado Mobile Home Park Act Oversight legislation enacted in 2019 as well as a pair of bills
signed by Governor Polis in June 2020, the Mobile Home Park Act Updates and Mobile Home Park Residents
Opportunity to Purchase, create and strengthen resident protections. Outreach to residents, managers, and
manufactured housing community owners on these changes at the state level and access to these and local
resources will begin in Q3 2020.
City Policy Alignment
Enhancement of quality of life in neighborhoods and equitable access to City services and resources are well-
supported by City core values, policies, and strategic outcomes. Additionally, Council has identified
manufactured housing preservation and protection of residents’ rights as priorities. The Municipal Code
amendments advance City efforts to enhance livability in manufactured housing communities as part of the
moratorium on manufactured housing community redevelopment implemented in August 2019.
The following City Plan and Strategic Plan policies and objectives align with these proposed Code changes:
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• City Plan: Policy LIV 6.4 - Permanent Supply of Affordable Housing
Create and maintain an up-to-date inventory of affordable housing in the community. Pursue policy and
regulatory changes that will encourage the rehabilitation and retention of affordable housing in perpetuity.
• City Plan: Policy LIV 6.9 - Prevent Displacement
Build the capacity of homeowner groups, affordable housing providers and support organizations to enable
the purchase, rehabilitation and long-term management of affordable housing. Particular emphasis should
be given to mobile home parks located in infill and redevelopment areas.
• City Plan: Policy LIV 6.10 - Mitigate Displacement Impacts
Consider mitigation strategies to assist residents displaced through the closure of manufactured housing
parks or conversion of rental apartments, including single-room-occupancy units, to condominiums or other
uses.
• City Plan: Policy LIV 7.4 - Equity Considerations
Include considerations for equity in decision-making processes across the City organization to ensure that
the benefits and/or burdens of City actions or investments are shared fairly and do not disproportionately
affect a particular group or geographic location over others.
• Strategic Plan: Neighborhood Livability & Social Health Objective 1.1
Improve and increase availability and choice of quality housing that is affordable to a broad range of
income levels.
• Strategic Plan: Neighborhood Livability & Social Health Objective 1.5
Enhance the quality of life in neighborhoods, empower neighbors to solve problems, and foster respectful
relations.
• Strategic Plan: Neighborhood Livability & Social Health Objective 1.8
Preserve and enhance manufactured housing communities as a source of affordable housing and create
a safe and equitable environment for residents.
Summary of Proposed Code Updates
The primary elements of the of proposed Code changes include:
1. Propose as an amendment to City of Fort Collins Municipal Code Sec. 18-6(a)
“Designation of Manager - Every mobile home park shall designate a person to act as manager of the park
for the purpose of providing supervision of such mobile home park. Such manager shall be accessible to
park residents and the public during reasonable and convenient times. An emergency telephone number,
on-site manager’s name, and regular office hours shall be posted in a conspicuous location near the park
entrance or on-site manager’s office with instructions for emergency contact in both English and Spanish.”
• The proposed amendment increases access to property managers for residents, First Responders,
enforcement personnel, and other community partners; addresses language equity issues that result
from property management contact information being available only in English; encourages
transparent communication between residents and managers and sets mutual expectation of
availability of management staff; and provides notice for changes to property management staff.
2. Propose as an addition to City of Fort Collins Municipal Code Sec. 18-6(c)
“Trees in mobile home parks are the responsibility of park owners. No park owner shall require a resident
to bear the expense of maintenance of trees in a mobile home park.”
• The proposed addition improves neighborhood livability and enhances safety in mobile home parks in
response to an identified issue with lack of tree trimming and inconsistent rules and their application
within and among manufactured housing communities in Fort Collins.
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3. Propose as an addition to City of Fort Collins Municipal Code Sec. 18-6(e)
“Limitation on Required Upgrades to Existing Mobile Homes. No person, including mobile home park
owners and property managers, shall require a mobile home resident to make improvements to a mobile
home or mobile home lot aside from maintenance, repair, and upkeep related to the mobile home’s
exterior to ensure that it complies with the mobile home park’s rules and regulations, so long as such rules
and regulations are in compliance with applicable local, state and federal law.”
• The addition of this Code subsection is proposed to decrease inconsistent application of mobile home
park rules and regulations; eliminate extracontractual requirements of homeowners and/or residents;
and deter retaliation by requiring upgrades funded by homeowners and/or residents.
4. Propose as an addition to City of Fort Collins Municipal Code Sec. 18-6(f)
“Neighborhood and Community Meetings. No mobile home park owner or property manager shall prohibit
or interfere with peaceful assemblies of neighborhood groups and/or community meetings in the mobile
home park. A mobile home park owner and/or manager shall not take any retaliatory actions against a
resident for participation in community meetings.”
• The addition of this Code subsection is proposed to add protection for assembly of mobile home park
residents, neighborhood groups, and/or community groups in Fort Collins to the existing Colorado
state-level protections for homeowners’ association meetings under the Colorado Mobile Home Park
Act C.R.S. Sec. 28-12-206.
CITY FINANCIAL IMPACTS
Adoption of these Code changes will not have a significant impact on City resources.
BOARD / COMMISSION RECOMMENDATION
Staff presented background information and discussed Municipal Code changes with the Affordable Housing
Board and Human Relations Commission.
At its July 7, 2020 meeting, the Affordable Housing Board unanimously voted to recommend adoption of the
Municipal Code Amendments related to Mobile Home Park Management and Livability.
At its July 9, 2020 meeting, the Human Relations Commission indicated support of the adoption of the
Municipal Code Amendments related to Mobile Home Park Management and Livability.
PUBLIC OUTREACH
Targeted outreach was conducted with managers, owners, and residents of the City’s existing manufactured
housing communities, as well as consultation with local partner organizations who provide information and
services to manufactured housing residents. Initial outreach efforts began with in-person meetings during the
initial zone district development in early 2020. Outreach was stifled in late spring during the onset of COVID-19
but later resumed with several online meetings and activities.
ATTACHMENTS
1. Affordable Housing Board Minutes (Draft) (PDF)
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ORDINANCE NO. 098, 2020
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 18-6 OF THE CODE OF THE CITY OF FORT COLLINS
REGARDING MOBILE HOME PARK MANAGEMENT AND LIVABILITY
WHEREAS, manufactured housing communities, or “mobile home parks”, are important
sources of affordable housing for lower income working families, seniors, and people with
disabilities living in Fort Collins; and
WHEREAS, mobile homeowners are in a unique situation because they commonly are
both owners of their individual home and tenants of the mobile home park because they do not
own the land on which their home is located; and
WHEREAS, residents of manufactured housing communities in Fort Collins may also
experience barriers to engagement with the City not experienced by residents of other single-
family neighborhoods; and
WHEREAS, City Plan Neighborhood Livability and Social Health Principle LIV 6 is to
“Improve access to housing that meets the needs of residents regardless of their race, ethnicity,
income, age, ability or background”; and
WHEREAS, City Plan Neighborhood Livability and Social Health Principle LIV 7 is to
“Promote a more inclusive and equitable community that encourages and celebrates diversity”;
and
WHEREAS, Principles LIV 6 and LIV 7 are supported and advanced by the following
policies related to affordable housing and relevant to mobile home parks: LIV 6.4, Permanent
Supply of Affordable Housing, LIV 6.9, Prevent Displacement, LIV 6.10, Mitigate Displacement
Impacts, and LIV 7.4, Equity Considerations; and
WHEREAS, in the 2019 legislative session, the Colorado General Assembly passed House
Bill 19-1309 concerning the regulation of mobile home parks (“HB1309”); and
WHEREAS, HB1309 acknowledges that mobile home park tenants and landlords have
rights and responsibilities under the state’s Mobile Home Park Act (the “Act”) and encourages
local governments to play an active role in ensuring the Act is upheld, by giving counties and
municipalities the power to adopt and enforce ordinances and resolutions to provide for the safe
and equitable operation of mobile home parks in their jurisdictions; and
WHEREAS, HB1309 states that such ordinances can be enacted within the scope of the
Act “and further” as a county or municipality deems necessary “to protect homeowners’ equity in
and safe use and enjoyment of the mobile homes and mobile home lots;” and
WHEREAS, Section 18-6 of the City Code regulates the management of mobile home
parks, as defined in Section 18-2 of the City Code; and
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WHEREAS, in September 2019, a cross-departmental Residents’ Rights Technical Team
began work to build relationships with residents, owners, and managers of manufactured housing
communities; identify and address livability concerns; protect residents from retaliation and abuse;
create consistent local investigation and enforcement processes; and assist residents with
community organizing; and
WHEREAS, based on the information gathered through that process, City staff has
recommended several amendments to City Code Section 18-6 to help create a safe and equitable
environment for manufactured housing community residents in Fort Collins and advance Council
and community priorities related to manufactured housing residents’ rights and neighborhood
livability; and
WHEREAS, the proposed changes include requiring park owners to provide additional
information about the park manager, in both English and Spanish; specifying that trees on the
property are the responsibility of the park owner, not the residents; limiting required upgrades on
existing homes; and prohibiting interference with meetings of neighborhood groups; and
WHEREAS, in addition to City Plan, the proposed changes also support Objectives 1.1,
1.5 and 1.8 of the City’s Strategic Plan related to neighborhood livability and social health; and
WHEREAS, in consideration of the need to maintain and expand affordable housing in the
City, the relevant policies set forth in City Plan and the Strategic Plan, and the regulatory
opportunities provided by HB1309, the City Council has determined that the proposed
amendments to the City Code are in the best interests of the City and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Section 18-6(a) of the Code of the City of Fort Collins is hereby
amended to read as follows:
(a) Designation of Manager. Every mobile home park owner shall designate a person to act
as manager of the park for the purpose of providing supervision of such mobile home park. Such
manager shall be accessible to park residents and the public during reasonable and convenient
times. An emergency telephone number, on-site manager’s name, and regular office hours shall
be posted in a conspicuous location near the park entrance or on-site manager’s office with
instructions for emergency contact in both English and Spanish.
Section 3. That Section 18-6(c) is hereby amended by the addition of a new
subparagraph (6) which reads in its entirety as follows:
(6) Trees in mobile home parks are the responsibility of park owners. No park owner
shall require a resident to bear the expense of maintenance of trees in a mobile home park.
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Section 4. That Section 18-6 is hereby amended by the addition of two new
subparagraphs (e) and (f) which read in their entirety as follows:
(e) Limitation on Required Upgrades to Existing Mobile Homes. No person, including mobile
home park owners and property managers, shall require a mobile home resident to make
improvements to a mobile home or mobile home lot aside from maintenance, repair, and upkeep
related to the mobile home’s exterior to ensure that it complies with the mobile home park’s rules
and regulations, so long as such rules and regulations are in compliance with applicable local, state
and federal law.
(f) Neighborhood and Community Meetings. No mobile home park owner or property
manager shall prohibit or interfere with peaceful assemblies of neighborhood groups and/or
community meetings in the mobile home park. A mobile home park owner and/or manager shall
not take any retaliatory actions against a resident for participation in community meetings.
Introduced, considered favorably on first reading, and ordered published this 4th day of
August, A.D. 2020, and to be presented for final passage on the 18th day of August, A.D. 2020.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on this 18th day of August, A.D. 2020.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk