HomeMy WebLinkAbout3306 Adding Chapter 10.116 to the AMC Establishing Notice of Sale, Opportunity to Purchase, and Tenant Protections for Manufactured Home Park Residents ORDINANCE NO. 3306
AN ORDINANCE ADDING CHAPTER 10.116 TO THE ASHLAND MUNICIPAL CODE
ESTABLISHING NOTICE OF SALE, OPPORTUNITY TO PURCHASE,AND TENANT
PROTECTIONS FOR MANUFACTURED HOME PARK RESIDENTS
Annotated to show deletions and additions to the Ashland Municipal Code sections being
modified. Deletions are bold lined through, and additions are bold underlined.
WHEREAS,Article 2. Section 1 of the Ashland City Charter provides:
Powers of the Lj1h The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession; and
WHEREAS,manufactured home parks provide an important source of attainable
homeownership opportunities within the City of Ashland, and the displacement of
manufactured home park-residents through park closure,redevelopment, or sale can have
significant impacts on housing stability and the availability of replacement housing; and
WHEREAS,the City Council finds that providing meaningful notice of sale, an opportunity for
resident organizations to pursue acquisition of manufactured home parks, and clear
relocation planning requirements will help preserve housing opportunities,promote
informed decision making, and reduce displacement impacts on residents; and
WHEREAS, the City Council further finds that adoption of local notice, relocation, and tenant
protection standards is consistent with the City's police powers, complements existing
protections established under Oregon law, 'including ORS Chapter 90, and promotes the
public health, safety, and welfare of Ashland residents;
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The above recitations are true and correct and are 'incorporated herein by this
reference.
SECTION 2. Chapter 10.116, Manufactured Home Parks (MHP)—Notice of Sale, Opportunity
to Purchase, and Relocation Standards, is hereby added to the Ashland Municipal Code as
follows:
Chapter 10.116 MANUFACTURED HOME PARKS (MHP)—NOTICE OF SALE,
OPPORTUNITY TO PURCHASE,AND RELOCATION STANDARDS
Sections:
ORDINANCE NO. 3306 Page 1 of 4
10.116.010 Notice of Sale
10.116.020 Opportuntt to Purchase
_y
10.116.030 Additional Notice to City Housing Staff
10.116.040 Penalties
10.116.010 Notice of Sale
A. The owner of a mobile or manufactured home park shall not close on the purchase,
sale, or conversion of a park without first providing written notice of sale to all
tenants of the park,as reguired by AMC 10.116.010(g) and QRS 90.842
(collectively, "Notice of Sale").
B. The Notice of Sale shall include the following information:
1. A statement that the landlord intends to sell or transfer the manufactured
dwelling park;
2. The name, address,and contact information of the landlord or the landlord's
authorized agent responsible for communications regarding the sale;
3. The price,terms, and conditions that the landlord intends to accept for the
sale of the park-, including a copy of any pending purchase and sale
agreement, if available; and
4. A copy of this Ashland Municipal Code,Section 10.116.
10.116.020 Opportunity to Purchase
A. Following receipt of a Notice of Sale,tenants may organize or act through an eligible
tenant organization, cooperative,or other ent!ty permitted under Oregon law to
express interest in purchasing a manufactured dwelling park. Park owners and
tenants are subject to the following timeline:
1. 60-day tenant response period: Within 60 days after delivery of the Notice of
Sale,tenants must notify,the owner in writing the following,requests,("Notice
of Intent") as provided in ORS 90.844:
a. The tenants' interest in competing to purchase the facility;
b. The formation or identification of a single tenants committee formed
for the purpose of 12urchasing the facility and;
ORDINANCE NO. 3306 Page 2 of 4
c. The name and contact information of the representative of the tenants
committee with whom the owner may communicate about the
purchase.
2. 15-Day Financial Disclosure Period. Within 15 days after delivery of the
tenant's Notice of Intent,the owner shall provide information that would
customarily be provided to a prospective purchaser,including at a minimum
the information outlined in ORS..90.844(3) ("Financial Disclosure'ajf the
owner fails to provide the required Financial Disclosure,the 15 day
disclosure period is stayed until the deficiency is cured.
3. 45-Day Offer Period.Within 45 days after deliveEK of Financial Disclosures,
if the tenants choose to continue competing to purchase the facility, the
tenant committee must fulfill the requirements of 90.844(5)(a)-b),
B. Nothing in this section requires a park owner to accept an,offer to purchase,but
failure to comply with these notice and timeline requirements shall constitute a
violation of this Chapter and is subject to the penalty fees outlined in AMC
10.116.040.
10.116.030 Additional Notice to City Housing Staff
Any notice a park owner is obligated to (a) provide tenants under this Chapter or(b) the
State Housing and Community Services Dej2artment,the park owner shall also notice the
CjL's office of Community Development by the same method of notice.
10.116.040 Penalties
Any separate and distinct violation of this Chapter shall constitute a Class A violation,as
set forth in ANIC 1.08.020. Each affected household constitutes a separate violation.
SECTION 3. Severability. Each section of this ordinance, and any part thereof, is severable,
and if any part of this ordinance is held invalid by a court of competent jurisdiction, the
remainder of this ordinance shall remain in full force and effect.
SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the City Code
and the word "ordinance"may be changed to "code", "article", "section", "chapter" or another
word, and the sections of this Ordinance may be renumbered, or re-lettered.provided however
that any Whereas clauses and boilerplate provisions (i.e. Sections 3-5)need not be codified and
the City Recorder is authorized to correct any cross-references and any typographical errors.
ORDINANCE NO. 3306 Page 3 of 4
The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C)
of the City Charter on the day of , 2026, and duly PASSED and
ADOPTED this day of , 2026.
SIGNED and APPROVED this �"� day of , 2026.
Iry—
ATTEST:
Alissa o odzins , Ci ecorder
3ryx� &A,-�
Tonya G aham,Mayor
Reviewed as to forin:
Jo a ila ity Attorney
ORDINANCE NO. 3306 Page 4 of 4