HomeMy WebLinkAbout098 - 08/18/2020 - AMENDING SECTION 18-6 OF THE CIT CODE REGARDING MOBILE HOME PARK MANAGEMENT AND LIVABILITY 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, HB 1309 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, HB 1309 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 HB 1309, 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 da of August, A.D. 2020.
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Passed and adopted on final reading on this 18th day of August, A.D. 2020.
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