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LARAMIE CITY COUNCIL PUBLIC HEARING Original Ordinance 1922, Health & Safety Standards for Mobile Homes, Manufactured Homes

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LARAMIE CITY COUNCIL PUBLIC HEARING Original Ordinance 1922, Health & Safety Standards for Mobile Homes, Manufactured Homes LARAMIE CITY COUNCIL PUBLIC HEARING Original Ordinance 1922, Health & Safety Standards for Mobile Homes, Manufactured Homes, Recreational Vehicles, and Tents September 8, 2015 Page 1 Public Hearing was called to order by Mayor Paulekas at 6:05 p.m. City Council present: Klaus Hanson, Vicki Henry, Joe Shumway, Bryan Shuster, Andrea Summerville, Joe Vitale, Paul Weaver, Jayne Pearce, and Dave Paulekas. Absent: None. The City Clerk read the notice: PUBLIC HEARING OF THE LARAMIE CITY COUNCIL WILL MEET AT 6:00 P.M. ON TUESDAY, SEPTEMBER 8, 2015 IN THE CITY COUNCIL CHAMBERS, CITY HALL, 406 IVINSON STREET, LARAMIE, WY, TO TAKE PUBLIC COMMENTS OR PROTESTS ON PROPOSED ORIGINAL ORDINANCE NO. 1922. AN ORDINANCE AMENDING TITLE 8 OF THE LARAMIE MUNICIPAL CODE FOR THE PURPOSES OF CREATING HEALTH AND SAFETY STANDARDS FOR MOBILE HOMES, MANUFACTURED HOMES, RECREATIONAL VEHICLES AND TENTS. The Mayor asked if there were any comments. Jennifer Hanft, attorney representing ECH Laramie, MHP, LLC, dba 7 Acres Mobile Home Park, spoke. Her client appreciated the City’s willingness to allow pre 1976 mobile homes, which is a revision from the last draft of the ordinance. Her client believes the ordinance needs to delineate the licensing process, including the timeline, the applicable circumstances for new applications and renewals, as well as the City’s obligation in connection with review, approval, and inspection that goes along with the applicable timeframes, which has not been included. The ordinance needs to supply an adequate explanation of the penalty features associated with the failure to comply with the ordinance; in particular, the amounts of civil fines, the method, the calculation for imposition of the same; and the appeal process. The license is revoked, and then the appeal process happens; but in most administrative processes you have the opportunity to be heard before you lose your license. The ordinance should provide guidance with the respect to the application, and have a particular form and address that. She asked that the ordinance explain or address the interactions of the provisions that makes it unlawful to operate a park without a license, and the owner’s obligation upon denial of the renewal regarding the tenants. We need to develop specific procedural safeguards to avoid a unilateral suspension, revocation, or denial of a licensure. She asked that Council reconsider the treatment of mobile homes under the ordinance, given the imposition of the compliance standards that are identical for both manufactured homes and mobile homes. They were concerned with 8.68.020 which makes it unlawful to occupy a mobile home except in compliance with the code, which fails to describe who is responsible – the park or the resident, and the nature of the penalties and what would be imposed, whether it is intended to be criminal or civil in nature. License applications, 8.68.040, the ordinance states it is unlawful to operate a park without a license, but the process presents various issues, it doesn’t sufficiently describe the requirements for approval or the potential grounds for denial, it does not seem to impose any obligations on the City in connection with the response to an application, or delineate an administrative process to ensure due process. She questioned the renewal procedure, suggesting it be automatic unless the City take affirmative steps; the City will have to maintain control of the process, there needs to be some definition to that process, to allow the applicant to have reasonable expectations regarding the process. The license appears to license the park owners, and there is a significant distinction, are we licensing the park, or regulating the owners? We don’t have standards in the ordinance that the owners know they are measured by. A concern of her client was the ability to transfer a license, which in its current form, the ordinance does not allow the transfer of an existing license, which could affect the free transfer of property, and have a negative impact on the owner. There should be a hierarchy of violations, and identification of specific violations and categories that would support the denial. 8.68.07 retains the reference to mobile home communities, as do other sections, but that term is no longer defined, presumably because of the use of manufactured home parks, LARAMIE CITY COUNCIL PUBLIC HEARING Original Ordinance 1922, Health & Safety Standards for Mobile Homes, Manufactured Homes, Recreational Vehicles, and Tents September 8, 2015 Page 2 which makes it appear that those are the only type of park allowed. It seems unnecessary to distinguish mobile homes from manufactured homes. HUD certification is a designation given at the time of construction, and cannot be obtained thereafter. Any concerns regarding the structural integrity or performance under certain conditions could be addressed through an inspection process. With the 2030 Laramie Housing study, and the City and County comprehensive plans, it’s clear that mobile home and manufactured homes have to be considered part of the solution for Laramie’s housing issues. Whether mobile homes will be allowed to provide services to travel trailers needs to be addressed, that currently they are located in vacant spots within the court, as it would be cost prohibitive to separate them. Jim McGraff stated this is a resident issue, and justice, poverty, and the most vulnerable people in our society. The ordinance could negatively affect them economically. The ordinance is a broad brush of good intentions, but can stifle innovation, and can have unintended consequences. He suggested to treat each mobile home individually. He mentioned cooperative mobile home parks and trailer courts, it gives the owners security. He spoke in favor of smaller trailer parks, under the one acre minimum that is currently in place. He suggested the six month limitation on RV’s in parks be extended. Allowing for more variety in homes, and complement a larger temporary work force, should we have a project in the vicinity. This ordinance should remember this is about affordable housing, and it could contribute to homelessness. Bob Blake owner of trailer parks for 50+ years, commented about RV’s in the trailer parks, because he pays a fee for licensing his court, that if he wants to rent an RV in the court, he should be allowed to do so, because there are a lot of things changing in the industry people are sizing down, living in their RV’s six or seven months of the year. Isolating twenty or so spaces for RV’s isolated from his mobile home park is impractical, leaving them empty most of the year, he needs to spot fill the empty places in his court. If the rules are set up properly, that should not be a problem in any park. They are on wheels, and it should be isolated down to that. He thought that the trailer park owners, himself included, typically have been a bunch of pigs. We have let things deteriorate, with reasons being profit orientated, with owners making concessions to attract trailer owners when the homes were more mobile, somewhat creating slums to get the people and their trailers in the park. Now things have changed a lot, with gas companies inspecting the furnaces and hot water heater tanks. He commented on affordable housing, how the City thinks it has to provide affordable housing to everyone, that the person who is a lying, cheating slum lord with seven dogs in their house won’t pay their rent, and will never pay their rent, they are pigs, and shouldn’t be worried about. You can’t make a slum area because somebody needs affordable housing, there has to be a limit. A unified inspection system by some hierarchy would make this thing work. The City needs to make sure everything is on a fair field. Who is going to enforce the rules, and how? We need to have some standard, to make affordable housing affordable, and to make sure that the person told to clean up or move out from one trailer court doesn’t take his mess to another trailer court. Public Hearing was closed at 6:49 p.m. Respectfully submitted Sue Morris-Jones, MMC, City Clerk LARAMIE CITY COUNCIL PUBLIC HEARING Original Ordinance 1923, Nonconforming Mobile Homes September 8, 2015 Public Hearing was called to order by Mayor Paulekas at 6:50 p.m. City Council present: Klaus Hanson, Vicki Henry, Joe Shumway, Bryan Shuster, Andrea Summerville, Joe Vitale, Paul Weaver, Jayne Pearce, and Dave Paulekas. Absent: None. The City Clerk read the notice: PUBLIC HEARING OF THE LARAMIE CITY COUNCIL WILL MEET AT 6:00 P.M. ON TUESDAY, SEPTEMBER 8, 2015 IN THE CITY COUNCIL CHAMBERS, CITY HALL, 406 IVINSON STREET, LARAMIE, WY, TO TAKE PUBLIC COMMENTS OR PROTESTS ON PROPOSED ORIGINAL ORDINANCE NO. 1923. AN ORDINANCE AMENDING TITLE 15 OF THE LARAMIE MUNICIPAL CODE FOR THE PURPOSES AMENDING SECTION 15.22.050, NONCONFORMING MOBILE HOMES. The Mayor asked if there were any comments. There were no public comments. Public Hearing was closed at 6:51 p.m. Respectfully submitted Sue Morris-Jones, MMC, City Clerk LARAMIE CITY COUNCIL PUBLIC HEARING Original Ordinance 1924, Mobile Home, Manufactured Home, & Recreational Vehicle Parks September 8, 2015 Public Hearing was called to order by Mayor Paulekas at 6:51 p.m. City Council present: Klaus Hanson, Vicki Henry, Joe Shumway, Bryan Shuster, Andrea Summerville, Joe Vitale, Paul Weaver, Jayne Pearce, and Dave Paulekas. Absent: None. The City Clerk read the notice: PUBLIC HEARING OF THE LARAMIE CITY COUNCIL WILL MEET AT 6:00 P.M. ON TUESDAY, SEPTEMBER 8, 2015 IN THE CITY COUNCIL CHAMBERS, CITY HALL, 406 IVINSON STREET, LARAMIE, WY, TO TAKE PUBLIC COMMENTS OR PROTESTS ON PROPOSED ORIGINAL ORDINANCE NO.
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