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HomeMy WebLinkAboutMemo - Mail Packet - 8/24/2021 - Memorandum From Jc Ward Re: Mobile Home Park Enforcement Program Work Session281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 Neighborhood Services MEMORANDUM DATE: August 6, 2021 TO: Mayor Arndt and City Councilmembers THRU: Darin Atteberry, City Manager Kyle Stannert, Deputy City Manager Caryn Champine, Director, Planning, Development & Transportation Paul Sizemore, Director, Community Development & Neighborhood Services FROM: JC Ward, Senior City Planner, Neighborhood Services RE: Mobile Home Park Enforcement Program Work Session The purpose of this memo is to provide additional information requested by City Councilmembers at the Council Work Session on July 13, 2021 regarding the Mobile Home Park Enforcement Program; traffic and street maintenance in mobile home parks; a timeline for potential Municipal Code change proposals; and Mobile Home Park water infrastructure discussions. Traffic Operations, Street Maintenance, and Enforcement in Mobile Home Parks Roads, drives, and parking lots in mobile home park (“MHP”) neighborhoods and multi-dwelling unit complexes are considered private streets and are not monitored for traffic control measures and are not maintained by City. The City does not supply speed limit signs or enforce speed limits within MHP’s. Traffic Engineering Staff have assisted MHP residents and managers with questions on installation and efficacy of “speed bumps” upon request. This assistance was provided so any resident-initiated traffic control on private drives could align with processes and neighborhood outreach required on public streets, although the process on private streets is not overseen or monitored by City Staff. Police Services Patrol Officers, Leadership, and Neighborhood Engagement Teams have met with residents and property managers through individual community policing efforts and panel discussions at neighborhood meetings regarding concerns with speeding and safety within the mobile home parks. Although speed limit enforcement on private streets is outside the scope of Police Services authority, enforcement of traffic rules related to safety and health are within their scope of enforcement. Officers have been very responsive to requests for increased patrols within MHP’s and along public streets leading into the neighborhoods. Transportation Operations and Streets Staff have indicated willingness to participate in the MHP visual needs assessment as part of the MHP Enforcement Program to document the type and severity of pavement and other street maintenance issues. This will assist with building the annual inspection checklist and estimating infrastructure repair costs in MHP’s that might be eligible for grant funding in the future. Although current law and policy related to traffic, speed limit, and streets maintenance prevent City Staff from solving these issues within mobile home parks through enforcement, this is an area with potential for negotiated agreements between the City and mobile home park property owners. For example, an agreement might state that the City would provide speed limit signs and/or speed bumps in return for allowing speed limit enforcement by Police Services within the mobile home park for a defined period of time. Negotiated agreements or investments are on the current MHP Enforcement Program timeline for exploration in 2023, but if opportunities arise for partnership or use of federal infrastructure or other grant dollars before the 2023/24 BFO process, MHP Residents’ Rights Team may be able to begin these efforts more quickly. August 4, 2021 Council Memo - Work Session Follow Up Page 2 Potential Code Changes As part of the Enforcement Program, the MHP Residents’ Rights Team has identified potential changes to Municipal Code that would be required to allow proactive enforcement, inspections, manager certification, and solutions to some concerns related to water rebilling by property owners. The following is an anticipated timeline for bringing proposed Municipal Code changes before City Council and is subject to change based on departmental workload, availability of subject matter experts, efficacy of state-level efforts, and changes to compliance and enforcement at the federal and state levels. Q4 2021 Q1 & Q2 2022 Notice of water leaks or continuous consumption to MHP residents Alignment of disclosure authority for portions of MHP water bills by water services providers with disclosure requirements for MHP owners under Colorado Mobile Home Park Oversight Act to the extent allowable by state and federal law Prohibition of “flat rate” water charges or inclusion of water charges in lot rent by MHP owners/managers Mobile Home Park property manager certification Requirement of either: A. Submetering for water in all units by MHP owners or B. Use of Fort Collins Utilities-provided formula by MHP owners to allocate water costs to each unit Mobile Home Park annual inspection & requirements Other updates related to proactive enforcement or patrols by enforcement officers as necessary and appropriate Requirement of documentation and information disclosure regarding average lot rents, current park rules, contact information of owners and property managers, and maintenance Alignment of penalty structures with existing inspection, enforcement, and certification penalties with consideration of the special circumstances in MHP’s Updates related to participation in City income-qualified programs, resources, and services Water Quality and Infrastructure Issues Fort Collins Utilities is currently engaged in internal stakeholder meetings to discuss MHP infrastructure-related issues outlined in the Work Session AIS from July 13, 2021 and a new requirement related to backflow from Colorado Department of Public Health and Environment for certain mobile home parks. Once identified by water service providers, the benefits and drawbacks of potential solutions and/or strategies will be further explored by Fort Collins Utilities and other water districts in the coming months and brought before Council once research and analysis are complete. Updates on this work will be provided as part of scheduled reporting by the MHP Residents’ Rights Team through Council memos.