Floating home equity ordinance

Seattle’s floating home Equity Ordinance provides protections to floating homes in rented/leased slips. The Equity Ordinance, is legislation that was passed in the late 70s and updated in the
early 1980s that protects floating homes in rented/lease slips from arbitrary eviction; eviction can only occur under specific circumstances, such as non-payment.

Frequently asked questions about the equity ordinance

Where can I find the Equity Ordinance?
Here’s a link to equity ordinace in Seattle’s municipal code.

Does the Equity Ordinance still apply if a lease is month-to-month?
Yes. The Equity Ordinance applies regardless of whether a lease is month-to-month, short-term, long-term, short-term, or even just an informal agreements

Can a dock owner increase the monthly slip lease fee as part of a sale of the floating home?
No. Rent increases are limited to inflation and necessary dock maintenance costs, as regulated
by the Equity Ordinance.

Full text of the equity ordinance

Chapter 7.20 – FLOATING HOME MOORAGES

Sections:

7.20.020 – Purpose.

The purpose of the ordinance codified in this chapter is to prevent harm to the public by protecting thestability, viability, and fiscal integrity of Seattle’s unique floating home communities by preventing theeviction of floating homes from their moorages through arbitrary actions and unreasonable rent increases,and by discouraging the eviction and destruction of valuable and habitable floating homes by enhancingopportunities for floating home owners to purchase their moorages, while preserving to moorage ownersthe fundamental attributes of ownership.

(Ord. 115390 § 1, 1990.)

7.20.030 – Definitions.

The following terms used in this chapter shall have the meanings set forth below:

“Consumer Price Index” means the Consumer Price Index for all urban consumers (CPI-U) for theSeattle-Everett area, as compiled by the United States Department of Labor, Bureau of LaborStatistics.

“Floating home” means a building on a float used in whole or in part for human habitation as asingle-family dwelling, which is moored, anchored or otherwise secured in waters within the Citylimits.

“Floating home moorage,” or “moorage” means a waterfront facility for the moorage of one (1) ormore floating homes, and the land and water premises on which such facility is located.

“Floating home moorage owner,” or “moorage owner” means any person or group who owns infee or who has a leasehold interest in an entire floating home moorage facility.

“Hearing examiner” means the Office of Hearing Examiner as established by Ordinance No.102228 . [7]

“Moorage fee” means the periodic payment for the use of a floating home moorage site.

“Moorage site” means a part of a floating home moorage, located over water, and designed toaccommodate one (1) floating home.

“Sale” means the transfer from one (1) person or entity to another person or entity of title andright to possession of a floating home moorage or moorage site by appropriate instrument ofconveyance for consideration in money or property payable within a time certain, except for

transfers of interests among or between joint tenants and tenants-in-common, and for transfers of interestin community property between members of a marital community.

(Ord. 115390, § 2, 1990; Ord. 111526, § 2, 1984.)

7.20.040 – Lawful reasons for giving notice to remove floating home.

It is unlawful for a floating home moorage owner or operator to give notice to a floating home owner toremove a floating home from its moorage site, or to attempt to evict or complete the eviction of a floatinghome from its moorage site even though notice to remove such floating home from its moorage site wasgiven to the owner of such floating home prior to the effective date of the ordinance codified in this Chapter7.20, except for the following reasons:

The floating home owner fails to pay the moorage fee which he or she is legally obligated topay;

The floating home owner refuses or otherwise fails to comply with reasonable written termsor conditions of tenancy, other than the obligation to surrender possession of the floatinghome moorage site, after service of a written notice to comply or vacate as provided by RCW59.12.030(4). Reasonable terms and conditions do not include terms and conditions thatrequire owners to substantially change or remodel existing floating homes unless substantialchange or remodeling is needed to bring the floating home into compliance with legallyapplicable building, health, and safety codes or to abate a nuisance. Moorage owners mayrequire written acknowledgment by floating home owners of such terms and conditions. Suchacknowledgment shall not constitute approval of or agreement by the floating home ownerwith such terms and conditions, nor shall it constitute an acknowledgement by the floatinghome owner that such terms or conditions are reasonable or the same as those required ofsimilarly situated floating homes. Except for moorage fees, similarly situated floating homeswithin a floating home moorage shall be subject to the same moorage terms and conditions.Floating home owners shall be given thirty (30) days’ written notice in advance of any newterm or condition. No floating home owner shall be evicted for failure to comply with a termor condition not uniformly applied, unless the floating home owner has specifically agreed tothe term or condition in writing;

The floating home owner repeatedly violates the same term or condition of tenancy and hasreceived three (3) or more notices to comply or vacate, as provided in subsection B, for thesame violation in a twelve (12) month period;

The floating home owner, after receiving written notice of objection from the floating homemoorage owner or operator, fails to abate a nuisance on such person’s floating home, orcauses substantial damage to the floating home moorage, property, or substantially interferes with the comfort, safety or enjoyment of other floating home owners at the floating home moorage;

The floating home moorage owner or operator elects to change the use of the moorage site toa permitted commercial use other than a floating home moorage and gives at least six (6)months’ advance written notice to the owner of the floating home moored at the site tovacate the site; provided, that: (1) such demand for removal is not contrary to any existingvalid agreement between the moorage owner or operator and the floating home owner; and(2) the moorage owner or operator, prior to eviction, manifests the determination to changethe use of the property to a use other than that of a floating home moorage site by obtainingall permits which are necessary to change the use to which the property is devoted, includingbut not limited to any shoreline substantial development permits and building permits whichmay be required, and by taking one (1) or more of the following actions:

Entering into one (1) or more contracts or leases with new tenants or users for the newuse of the property,

Obtaining financing for the purpose of paying all or a substantial portion of the cost ofconverting the property to the new use,

Taking any other action which reasonably demonstrates that the moorage site will in factbe converted to the new use;

The floating home moorage owner or operator elects to use the moorage site as the mooragefor a floating home to be rented or sold to others by the moorage owner or operator, andgives at least six (6) months’ advance written notice to the owner of the floating home mooredat the site to vacate the site; provided, that: (1) such demand for removal is not contrary toany existing valid agreement between the moorage owner or operator and the floating homeowner; (2) the floating home which is to be evicted is not regularly occupied by its owner ashis or her primary place of residence for at least ninety (90) days immediately prior to the datethat the site is to be vacated; and (3) the moorage owner or operator, prior to eviction,manifests the determination to use the moorage site as the moorage for a floating home tobe rented or sold by him or her to others by obtaining all permits which are necessary tomove a floating home to the site or construct one at the site, and by taking one (1) or more ofthe following actions:

Acquiring or constructing a rental floating home for use at the site, or designating forrental use at the site a floating home already owned by him or her,

Obtaining financing from a lending institution or from other sources to pay all or asubstantial portion of the cost of construction,

Taking any other action which reasonably demonstrates that the moorage site will in factbe used as the moorage for a floating home to be rented or sold by him or her to others;

A floating home shall be deemed regularly occupied by its owner within the meaning of this subsectionnotwithstanding temporary absences not to exceed twenty-four (24) months in any five (5) year period, if theconduct of the floating home owner is at all times consistent with the intention to continue maintaining thefloating home as his or her primary place of residence; or

The floating home moorage owner elects to use the moorage site as the moorage for afloating home to be occupied as his or her personal residence, and gives at least six (6)months’ advance written notice to the owner of the floating home moored at the site tovacate the site, provided that: (1) such demand for removal is not contrary to any existingvalid agreement between the moorage owner or operator and such floating home owner; and(2) the moorage owner prior to eviction, manifests the determination to use the moorage sitefor the stated purpose by obtaining all applicable permits required by law and by taking one(1) or more of the following actions:

Acquiring a floating home for use at the site, or designating for use at the site a floatinghome already owned by him or her,

Obtaining financing for the purpose of paying all or a substantial portion of the cost ofconstruction,

Taking any other action which reasonably demonstrates that the moorage site will in factbe used for the stated purpose.

The floating home moorage owner or operator elects to convert the entire moorage facility toa noncommercial use and gives at least six months’ advance written notice to the owners ofthe floating homes moored at the facility to vacate their moorage sites; provided that: (1) suchdemand for removal is not contrary to any existing valid agreement between the moorageowner or operator and any such floating home owner; and (2) the moorage owner oroperator, prior to eviction, manifests the determination to use the moorage site for the statednoncommercial use by:

Obtaining all permits required by law for the proposed use, and

Filing with the Director of the Seattle Department of Construction and Inspections a swornstatement explaining the nature of the proposed noncommercial use. For the purpose ofthis subsection “noncommercial use” means any use, other than one provided for insubsection 7.20.040.G, which is neither directly nor indirectly remunerative, and whichdoes not involve the use of the moorage in connection with any business, whether suchuse is compensated or not.

(Ord. 124919 , § 33, 2015; Ord. 121276, § 37, 2003; Ord. 115390, § 3, 1990; Ord. 111526, § 3, 1984.)

Cases— Provision of houseboat ordinance allowing moorage owner to evict tenant and to personally occupythe moorage site as a residence only after locating for the displaced tenant another lawful moorage sitewithin the City was unconstitutional as a deprivation of property without just compensation. Kennedy v. Cityof Seattle,94 Wn.2d 376, 617 P.2d 713 (1980).

Section of City houseboat ordinance governing eviction of floating home tenants, requiring that moorageowner locate another moorage site within the City for the evicted floating home owner, was unconstitutionalas a deprivation of property without just compensation. Gronat v. Keasler,99 Wn.2d 564, 663 P.2d 830(1983).

An unlawful detainer action may be brought after the moorage owner has substantially complied with thenotice provisions of this section. Kennedy v. McGuire,38 Wn.App. 237, 684 P.2d 1359 (1984).

City houseboat ordinance allowing moorage owner to evict houseboat owner only for the purpose ofchanging the use of the entire moorage owner’s personal residence, and in the latter case requiring him toeither locate another moorage site for the houseboat owner or pay him fair market value for the property,was unconstitutional as a deprivation of property without just compensation. Lee v. Savage,38 Wn.App.699, 689 P.2d 404 (1984).

7.20.050 – Six-month notice to remove.

A moorage owner seeking the eviction of a floating home for any reason other than those specified inSection 7.20.040 A, B, C and D shall give the floating home owner written notice at least six (6) months priorto the demanded date of removal of the floating home, and shall state in the notice the reason for theintended eviction.

(Ord. 111526 § 4, 1984.)

7.20.060 – Notice under color of law.

Any notice to vacate a floating home moorage site issued under color of Section 7.20.040 E, F, G or H, butissued in bad faith and not for the purpose expressed, shall be null and void and the issuer thereof shall besubject to the remedies and sanctions provided in Section 7.20.150.

(Ord. 111526 § 5, 1984.)

7.20.070 – Reprisal or retaliation actions against floating home owners.

The owner or operator of a floating home moorage shall not take or threaten to take reprisals orretaliatory action against a floating home owner because of any good faith exercise of suchfloating home owner’s legal rights in relation to his or her floating home.

“Reprisal or retaliatory action” within the meaning of this section shall mean and include but not be limitedto any of the following actions by the floating home moorage owner or operator when such actions areinitiated primarily because of the floating home owner’s assertion or enforcement of rights or remediesprovided by this chapter or any other applicable ordinance, statute, regulation or rule of law: (1) demandingremoval of the floating home from its moorage site; (2) increasing the moorage fee required of the floatinghome owner; (3) reducing services to the floating home owner; (4) increasing the obligations of the floatinghome owner; and (5) otherwise interfering with the quiet enjoyment of the floating home.

(Ord. 111526 § 6, 1984.)

7.20.080 – Moorage fee increases—Hearing

A moorage owner seeking a moorage fee increase shall give the floating home owners affectedthereby a written notice, at least 30 days before the increase will go into effect, stating theamount of the increase, financial computations demonstrating the need for the increase, and theeffective date of the increase. If the proposed moorage fee increase is to be based, in whole or inpart, on a cost basis established by a sale, lease or other transaction concerning the moorageproperty or facilities, then the notice shall include identification of the parties to the transaction,all material terms of the transaction and an explanation as to whether and how the transactionresulted in a genuine change in control of the property or facilities so as to justify the use of anew cost basis.

If at least ½ of the floating home moorage site lessees in a floating home moorage, excluding themoorage owner and those who have an ownership interest in the moorage, who are subject to amoorage fee increase in the same percentage amount (plus or minus one percent believe that thedemanded fee increase is unreasonable, they may collectively file a petition for review with theHearing Examiner. The petition shall be in the form of a sworn statement which shall: (1) besigned by each petitioning moorage site lessee; (2) list separately the name and floating homeaddress of each such moorage site lessee; and (3) include a statement of the intention of eachmoorage site lessee to contest the proposed moorage fee increase. In determining whether atleast half of those affected have petitioned only one signature per moorage site will be counted.The petition shall be filed within 15 days of receipt of written notification of the moorage feeincrease. The person or persons filing a petition for review shall pay a filing fee as provided inSection 3.02.125. The fee shall be refunded if no hearing is required. The Hearing Examiner mayconsolidate the petitions contesting moorage fee increases at the same moorage.

The Hearing Examiner’s review shall to the extent possible be based upon written memoranda,sworn statements, and affidavits submitted by the parties. The moorage owner shall, as soonafter the filing of the petition as practicable, file with the Hearing Examiner and serve upon thepetitioning floating home moorage site lessees or their representative, a memorandum and anynecessary affidavits or sworn statements in support of the proposed increase. The floating home moorage site lessees shall submit a responsive memorandum and affidavits within 15 days of receipt of themoorage owners’ submission. The Hearing Examiner shall review the memoranda, affidavits, and swornstatements and advise the parties in writing of: (1) the legal and factual issues to be resolved; (2) the timeand place for the hearing; and (3) the length of time that each party will have to present his or her case. Inconnection with such review the Hearing Examiner may require any party to the proceedings to provide anyinformation needed to determine whether the demanded moorage fee increase is reasonable. Eitherparty’s failure to provide information requested by the Hearing Examiner may, at the Hearing Examiner’sdiscretion, result in a finding or findings against the party refusing to provide the information as regardsfacts that could be proved or disproved by the requested information.

1. The Hearing Examiner shall find whether that portion of the proposed moorage fee increasewhich is in excess of that permitted in Section 7.20.090, or an increase in a lesser amount, or noincrease in excess of that permitted in Section 7.20.090, is necessary to assure a fair andreasonable return to the moorage owner and shall order such increase as is found necessary toassure a fair and reasonable return. In making the determination, the Hearing Examiner, inaddition to any other factors deemed relevant, shall consider the following factors: (a) thepurchase or lease price of the moorage and the terms of any transaction relied upon to establishthe cost basis for the moorage; (b) increases or decreases since the last moorage fee increase inthe expenses of operation and maintenance of the floating home moorage; provided, that suchexpenses are for services, repairs, property maintenance, or any other expenses which arereasonable and necessary for the continued operation of a floating home moorage; (c) thereasonable costs of capital improvements since the last moorage fee increase to the floatinghome moorage property which benefit the floating home owners occupying moorage sites at thefloating home moorage; (d) increases or decreases since the last moorage fee increase innecessary or desirable services furnished by the floating home moorage owner or operator,where such increased or decreased services affect the person or persons initiating the fact-finding proceedings; (e) substantial deterioration since the last moorage fee increase in thefacilities provided for the occupants of moorage sites at such floating home moorage due tofailure of the moorage owner or operator to perform ordinary repairs, replacement andmaintenance of the floating home moorage property and improvements; (f) comparability withmoorage fees charges for other floating home moorage sites in the City; and (g) a reasonablereturn on leased land.

Whenever the sale or lease price of a moorage or the terms of any transaction concerning themoorage are cited as a factor in demonstrating that a rent increase or any part thereof isnecessary to assure a fair and reasonable return to the owner, the Examiner will allowsufficient time for discovery as appropriate under applicable Hearing Examiner Rules. TheHearing Examiner may rely on this factor as supporting a rent increase or any part thereof only if the moorage owner demonstrates at hearing that the sale or other transaction relied upon resultedin a genuine change in control of the moorage sufficient to justify a new cost basis for the moorage.

No contested moorage fee increase shall take effect until approved by the Hearing Examiner’swritten decision; provided that the moorage owner or operator may recover retroactively fromthe date of the notice of the increase, with interest at the prevailing rate for United StatesTreasury bills on the date of the decision, such increases as are found reasonable by the HearingExaminer. It shall be unlawful for a moorage owner or operator to demand, charge, or collect anymoorage fee in excess of the amount approved by the Hearing Examiner for a period of one yearfrom the effective date of any permitted fee increase, unless the moorage owner can show eitherthat extraordinary damage to the moorage occurring after the decision has necessitated costincreases which make it impossible to realize a reasonable return without a fee increase, or thatthe floating home owner has rented the floating home to another at a profit; provided, thatmoorage owners may increase fees in the amount of any increases in state lease or City licensefees whenever such increases are incurred, and may increase fees for the purpose of recoveringthe costs of capital improvements authorized by Section 7.20.090 whenever such improvementsare required. Any fee increase necessitated by extraordinary damage shall be subject to HearingExaminer review whenever such review is requested by at least ½ of the floating home mooragesite lessees affected, any other provision in this chapter to the contrary notwithstanding.

(Ord. 123900, § 2, 2012; Ord. 123361, § 234, 2010; Ord. 121468 § 1, 2004; Ord. 120794 § 188, 2002; Ord.116368 § 202, 1992; Ord. 111526 § 7, 1984.)

Cases— Rent control provisions of houseboat ordinance did not exceed City’s police power. Kennedy v. Cityof Seattle,94 Wn.2d 376, 617 P.2d 713 (1980).

Fact-finder’s decision that increase in moorage fee was unreasonable was not binding on the parties. Jefferyv. Weintraub,32 Wn.App. 536, 648 P.2d 914 (1982).

City ordinance regulating moorage fee increases for houseboat owners, which applied different standards tomoorage owners leasing from the state or using an adjacent street and moorage owners who either ownedtheir land or leased it from private parties, did not violate equal protection and did not deprive owners oftheir property without due process of law or just compensation. Jeffery v. McCullough,97 Wn.2d 893, 652P.2d 9 (1982).

7.20.090 – Moorage fee increase—Limit without fact-finding.

Moorage owners or operators shall be permitted to increase the moorage fee demanded of afloating home owner without fact-finding in an amount not exceeding: (1) the CPI factor; (2) thefloating home owner’s proportional share of increased state land lease fees and City street use orother permit fees incurred by the moorage owner which benefit floating home owners and resultin increased operating expenses; and (3) the floating home owner’s proportional share of reasonable costs to be incurred to replace substandard or defective bulkheads, floats, piling, piers andutility services; provided, that the costs of such improvements shall be recovered evenly over a period ofnot less than five (5) years, and such increases shall be for no longer than is reasonably required to recoverthe cost of such improvements, including one-half (½) of the interest on any loans to be incurred by themoorage owner to pay for the improvements. When the costs of such improvements are recovered, themoorage fee shall be reduced accordingly. Moorage fee increases attributable to the cost increases listedabove may not be assessed until actually incurred. Before assessing any fee increase, moorage owners shallprovide floating home owners notice of the proposed increase which shall explain the specific reasons forthe increase and the apportionment formula used. When an increase is necessitated by the cost of animprovement described in subsection A3 of this section, the notice shall include a detailed description ofthe improvement and its useful life, and shall state the anticipated amount of the monthly increase in thefloating home owner’s moorage fee and the number of months that the increase will remain in effect.Within fifteen (15) days of receiving a notice of a proposed fee increase for improvements to be madepursuant to this section, the affected floating home moorage site lessees may petition the HearingExaminer for review of the proposed increase. The petition must be signed by at least fifty percent (50%) ofthe floating home moorage site lessees affected by the increase and shall satisfy the petition requirementsdescribed in Section 7.20.080 B. The hearing shall be conducted pursuant to the procedure described inSection 7.20.080 B and C. The Hearing Examiner shall determine whether the capital improvements costsare reasonable and whether the monthly fee increases and/or amortization periods are reasonable. Whenthe actual cost of an improvement exceeds the anticipated cost of the improvement, the moorage ownermay, with the approval of fifty per cent (50%) of the affected floating home owners, increase moorage feesin an amount greater than previously approved or agreed upon, or the moorage owner may, aftercompletion of the improvement, petition the Hearing Examiner for permission to increase fees to recoveractual expenses. Any hearing requested shall be conducted pursuant to Section 7.20.080 C.

The CPI factor for a floating home moorage shall be determined by multiplying the percentageincrease in the CPI since the last moorage fee increase by the current moorage fee, excludingfrom the fee any amounts assessed pursuant to subsections A2 and A3 of this section, and bymultiplying the product thereof by a fraction, the numerator of which shall be the number ofsquare feet of land at the subject moorage owned by the moorage owner or leased from aprivate, nongovernmental owner and the denominator of which shall be the total number ofsquare feet of land in the moorage (privately owned or leased land plus land leased from orlicensed by any governmental entity).

(Ord. 111526 § 8, 1984.)

7.20.100 – Moorage fee increase—Offer to moorage owner.

No later than seven days after submitting a petition for review pursuant to Section 7.20.080, eachpetitioning floating home owner shall, individually or as a group, submit to the moorage owner a writtenoffer stating the amount of increase in the moorage fee that the floating home owner or owners believe tobe reasonable. The moorage owner shall, within five days of receiving the offer, accept or reject it in writingor make a counter offer. Within three days of receiving the counter offer the floating home owner shalldeliver to the moorage owner, in writing, a final offer, a photographic copy of which shall be simultaneouslydelivered to the Hearing Examiner. The envelope containing the photographic copy shall be clearly marked”Final Offer of Floating Home Owner” and shall indicate the name of the person or persons submitting theoffer. Within three days of receiving the floating home owner’s final offer the moorage owner shall deliver tothe floating home owner, in writing, a final offer, a photographic copy of which shall be simultaneouslydelivered to the Hearing Examiner in an envelope clearly marked “Final Offer of Moorage Owner” and shallindicate the name of the person or persons submitting the offer. Any party who fails to submit a final offerin a timely fashion shall not be entitled to an award of attorney’s fees. The Hearing Examiner shall not openthe envelopes until after the written review decision has been provided to the parties. After mailing thedecision, the Hearing Examiner shall examine the offers and shall assess reasonable attorney fees: (1)against the moorage owner or operator if the moorage fee increase permitted is equal to or less than thefloating home owner’s offer, or (2) against the floating home owner(s) if the permitted increase is equal to orgreater than the moorage owner’s offer. In all other cases each party shall bear his or her own attorney fees.The award of attorney fees shall be made in a separate decision by the Hearing Examiner. Any party whofails to pay assessed attorney fees within sixty (60) days of the Hearing Examiner’s decision shall be subjectto the enforcement penalties provided in Section 7.20.150.

(Ord. 123899, § 7, 2012; Ord. 111526 § 9, 1984.)

7.20.110 – Moorage fee for rented houseboats.

The moorage fee for a floating home rented by its owner to another shall be one-half (½) of that portionof any profit obtained through such rental plus the moorage fee otherwise permitted for owner-occupiedfloating homes under Sections 7.20.080 and 7.20.090 of this chapter. Profit shall be the rental received bythe floating-home owner less the floating-home owner’s actual expenses, including but not limited to, themoorage fee otherwise permitted, utilities, maintenance, reasonable depreciation on investment, and one-half (½) of any interest payments. In the event of disagreement between the floating-home owner and themoorage owner as to the correct moorage fee for a site occupied by a rented houseboat then either partymay apply to the Hearing Examiner for a review of the fee, and the review shall be conducted pursuant tothe procedure described in Section 7.20.080 of this chapter. At all times when a floating home is rented byits owner to another, the moorage owner shall be provided a written statement of the rental rate chargedthe tenant by the floating-home owner, which statement shall be executed by both the floating-home ownerand the tenant. The moorage owner thereafter shall be provided a copy of any rental fee increase notices given the tenant, or oral notice of such increases if written notice to the tenant is not provided. Should afloating-home owner fail to provide timely notice to the moorage owner of a rental increase, or knowinglymisrepresent the amount of rent charged, the floating-home owner shall pay to the moorage owner, as anadditional moorage fee, a sum equal to twice the amount of any rental increase received by the floating-home owner from the tenant from the date of the increase until the date that notice was given. When afloating-home owner occupies or reoccupies a floating home which has been rented, or when a renter of afloating home becomes its owner through purchase or otherwise, the moorage fee shall, as of the date ofsuch occupancy or purchase, be set at the rate established for other comparably situated owner-occupiedfloating homes at the same moorage site, consistent with Sections 7.20.080 and 7.20.090 of this chapter.

(Ord. 112810 § 1, 1986: Ord. 111526 § 10, 1984.)

7.20.120 – Voluntary waiver of provisions.

The provisions of this chapter may be waived by moorage owners and floating home owners providedthat such waiver is done voluntarily and with knowledge of the waiver in a written lease and providedfurther that such waiver shall be valid for no longer than the term of the lease.

(Ord. 111526 § 11, 1984.)

7.20.125 – City license and permit preconditions and limitations.

No floating home moorage owner or floating home owner may apply for, rely upon, use, or obtain thebenefit of any City license, permit, or other approval (including but not limited to, building permits, land usepermits, subdivision approvals, shoreline substantial development permits) submitted or issued in violationof the terms and requirements of Seattle Municipal Code Chapter 7.20.

(Ord. 121407 § 2, 2004; Ord. 115390 § 5, 1990.)

7.20.130 – Notices.

It is unlawful to sell, lease or rent a floating home or moorage facility without advising theprospective purchaser, lessee, or renter, in writing of the existence of this chapter, and it isunlawful to fail to provide the owner or operator of a floating home moorage with written noticeof a proposed change in occupancy, sale, or rental of a floating home located at the moorage atleast fifteen (15) days in advance of the proposed change in occupancy.

It is unlawful for a moorage owner to fail to notify each floating home moorage site lessee at thatmoorage that the moorage is being offered for sale. This notification shall be in writing and shallbe provided at least ninety (90) days but not more than one year prior to the date the moorage owner takes any action to offer the moorage for sale. Actions triggering the notice requirement of thissubsection include, but are not limited to, entering into a listing agreement with respect to the moorage oradvertising the moorage for sale in any public forum.

It is unlawful for a new moorage owner to fail to give, within seven (7) days of a change inownership of the moorage, notice to each floating home moorage site lessee of the change ofownership and address and telephone number of the new moorage owner.

(Ord. 121468 § 2, 2004; Ord. 111526 § 12, 1984.)

7.20.140 – Continuation of former provisions.

The City Council hereby declares its intention that the provisions of this chapter shall be construed andapplied as a continuation of the provisions of Ordinance 109280, as amended, insofar as applicable, and therepeal of the said ordinance by this ordinance shall not be construed as affecting such continuousapplication.

(Ord. 111526 § 13, 1984.)

7.20.150 – Violation—Penalty—Additional Remedies.

Civil Penalty. Any person who violates or fails to comply with any of the provisions of this chapteris subject to a civil penalty in the amount of One Hundred Dollars ($100) per day for each violationor failure to comply. Each day a person violates or fails to comply with any of the provisions of thischapter may be considered a separate violation for which a penalty may be imposed.

Alternative Criminal Penalty. Any person who violates or fails to comply with any of the provisionsof this chapter is guilty of a misdemeanor subject to the provisions of Chapters 12A.02 and12A.04, except that absolute liability shall be imposed for such a violation or failure to comply,and none of the mental states described in Section 12A.04.030 need be proved. Each day aperson violates or fails to comply with any of the provisions of this chapter may be considered aseparate violation. The City Attorney may prosecute such violation or failure to comply criminallyas an alternative to the civil penalty provided by this section.

Additional remedies. Commission of any of the acts made unlawful by the provisions of Sections7.20.040, 7.20.050, 7.20.060, 7.20.070, 7.20.080, 7.20.090, 7.20.100, 7.20.110 or 7.20.130, or theintentional misrepresentation of any material fact in any statement required by this chapter,entitles persons injured thereby to recover actual damages and reasonable attorney’s feesincurred as a result of the violation or misrepresentation; shall be available as a ground forinjunctive relief, and shall be available as a defense in actions concerning the right to possession,where appropriate.

(Ord. 121468 § 3, 2004; Ord. 121407 § 3, 2004; Ord. 115390 § 6, 1990; Ord. 111526 § 15, 1984.)

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