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A. Any applicant for change of use of a mobile home park may, simultaneous with such application, file an application for total or partial exemption from the obligation to provide relocation assistance.

B. If such application is filed, notice of such application, with the information contained therein, and distribution thereof to the owners and residents of the mobile home park, shall be provided with the application for change of use.

C. Any such application shall establish that it is made on either or both of the following bases:

1. That provision for relocation assistance would eliminate substantially all reasonable use or economic value of the property. Such basis may only be established if it is demonstrated that the imposition of such obligations would eliminate the reasonable use or economic value of the property for alternate uses, and that continued use of the property as a mobile home park would eliminate substantially all reasonable use or economic value of the property for reasons not caused or contributed to by the park owner or applicant.

2. That a court of competent jurisdiction has determined in connection with a proceeding in bankruptcy that the closure or cessation of use of said property as a mobile home park is necessary, and that such court has taken further action which would prohibit or preclude payment of relocation assistance benefits, in whole or in part.

D. Any such application made pursuant to subsection (C)(1) of this section shall contain, at a minimum, the following information:

1. Statements of profit and loss from the operations of the mobile home park for the most recent five-year period of the date of the application or request, certified by a certified public accountant. All such statements shall be maintained in confidence as permitted by the California Public Records Act.

2. A statement to support the applicant’s assertion that continued use of the property as a mobile home park necessitates repairs or improvements or both, that are not the result of the park owner or applicant’s negligent failure to properly maintain the property, and that the costs thereof make continuation of the park economically infeasible. This statement must be made under penalty of perjury by a general contractor licensed as such pursuant to the laws of the state of California to certify that such contractor has thoroughly inspected the entire mobile home park; that such contractor has determined that certain repairs and improvements must be made to the park to maintain the park in decent, safe and sanitary condition, and that those certain repairs are not the result of the park owner or applicant’s negligent failure to properly maintain said property; the minimum period of time in which such improvements or repairs must be made; and itemized statement of such improvements and repairs; and the estimated cost thereof of repairs and improvements, if any, due to deferred maintenance separately identified. The applicant shall also submit a statement verified by a certified public accountant as to the necessary increase in rental rates of mobile home spaces within the park within the next five years necessary to pay for such repairs or improvements that are not the result of the park owner or applicant’s negligent failure to properly maintain said property. If the director requires an analysis of the information submitted by the general contractor, the director may procure services of another such licensed general contractor to provide such written analysis, and the cost thereof shall be billed to and payment therefor shall be required from the applicant.

3. The estimated total cost of relocation assistance which would otherwise be required to be provided pursuant to this chapter, which shall be based upon documented surveys, included with the application, of the available mobile home spaces within twenty miles of the mobile home park, residents of the park who are willing to relocate and those who would elect to sell their mobile homes, and the value of the mobile homes in the park.

4. An estimate of the value of the mobile home park by a professional appraiser, approved by the director, if the park were permitted to be developed for the change of use proposed in the application for redevelopment of the park, and as all other uses permitted by the zoning designation of the property, and an estimate of the value of such park, including current sale value of the mobile home park, by such appraiser if use of the property as a mobile home park is continued.

5. The purchase price paid by the applicant to acquire the mobile home park.

6. Such other information which the applicant believes to be pertinent, or which may be required by the director.

E. Any such application filed pursuant to subsection (C)(2) of this section shall be accompanied by adequate documentation as to the title, case number, and court in which the bankruptcy proceeding was held, and copies of all pertinent judgments, orders, and decrees of such court. (Ord. 1533 § 1 (part), 2009)