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Ashland council delays action on mobile home ordinance By TONY BOOM Mail Tribune ASHLAND - The City Council delayed action on a mobile home park sale or conversions ordinance Tuesday evening after a Portland attorney asserted the city did not have authority to act in the issue. Attorney Jeff Condit contended in a letter received by the city Tuesday that the state landlord-tenant act preempted the city's authority to adopt the proposal. City Attorney Paul Nolte said he did not agree with the assertion, but that he would like time to research the contention. He recommended that the council delay any action but take public testimony on the measure. The ordinance would differ from state law by requiring relocation assistance whenever a park closes. If more than a year's notice is given, no assistance is required by the state. Relocation assistance of up to $5000 is $1,500 more than the state requires. Owners would be required to deal in good faith with the tenant groups that want to purchase the park. They must also estimate costs and identify spaces in Ashland for relocation to the tenants. "I had not anticipated preemption," said Nolte. "That's a death knell to this ordinance totally (if it's the case). The issue was not raised in Eugene when a somewhat similar ordinance was adopted two years ago." Condit also contended provisions of the ordinance were onerous to mobile home park owners, did not comply with land-use laws and were unclear in certain areas. Greater clarity could easily be given to the ordinance, said Nolte. Testimony was given by 20 people. A slight majority favored implementation of the measure. Ashland has 221 trailer spaces and another 52 in its urban growth boundary. The units are in seven parks. The regulation was prompted by events at the Pines Annex Mobile Home Park. In January 2001, park owners announced intentions to sell the site to Premier West Bank. The bank dropped its plan in February 2001, after low-income housing advocates decried the sale. Current owners Web Title LLC purchased the property on Oct. 30. In November they notified the tenants that they would have to move in one year. Because tenants received a one-year notice, they are not eligible for relocation assistance. In other business, the council: � Approved a sidewalk dining ordinance. Ashland's downtown plan encourages outdoor dining and sidewalk cafes. But city code prohibited use of streets or public sidewalks for selling and other commercial activities. A one-time, $250 application fee and an annual $30 per seat fee will be charged. Notification to abutting businesses, posting of public notice at the site and a comment period are required. � Called for a joint study session between the council and the historic commission to look at a size limit for residences in historic districts. The session will establish direction for development of an ordinance. Mail Tribune Home | Ottaway Newspapers, Inc. | Dow Jones & Co., Inc. | Privacy | Contact Us Copyright � 2001 Mail Tribune, Inc.