Wicomico County, MD Mobile Home Parks

The gross charges for rental, leasing or use of any space, facilities or accommodations within a mobile home park and the gross charges for the providing of any services to mobile homes located in the park.

LICENSEE

The person, firm or corporation that is granted the license.

[Added 11-20-2012 by Bill No. 2012-12]

MOBILE HOME LOT

A lot of ground within a mobile home park designed for the accommodation of one mobile home.

MOBILE HOME RESIDENCE

A structure that contains one dwelling unit which is transportable via a frame and undercarriage that is designed to permanently support it without requiring a separate fixed foundation for support. This definition shall apply regardless of whether or not the frame and/or carriage is actually in place and regardless of alterations or additions to the original structure. A modular residence, although transportable, which is certified as such by the Maryland Department of Economic and Community Development, Division of Housing, shall not be deemed a mobile residence.

MOBILE HOME OR RESIDENCE PARK

A tract of real estate which has been planned, developed and improved for the placement of three or more mobile homes on a permanent or semipermanent basis.

PARK

A mobile home park.

§ 169-2 General requirements for parks.

All mobile home parks shall comply with the following general requirements:

Animals and pets. No owner or person in charge of any dog, cat or other pet animal shall permit it to run at large within the limits of any mobile home park.

Maintenance of premises; insect and rodent control.

[Amended 6-15-1979 by Bill No. 1979-2]

(1)

All service buildings and the grounds of parks shall be maintained in a clean and sightly condition and kept free of any conditions that will menace the health of any occupant or the public or constitute a nuisance.

(2)

The mobile home park owner shall maintain all mobile home park streets free and clear of snow and ice.

(3)

All harboring places for rodents or hosts of vectors shall be eliminated. All breeding places for flies and mosquitoes shall be eliminated or effectively treated.

Investigation and inspections.

(1)

The Director shall make or cause to be made all investigations reasonably necessary for the enforcement of this chapter, and the Director, his agents or other authorized county agents shall have the authority to enter at reasonable times upon any private or public property in a mobile home park, except an individual mobile home, for the purpose of inspecting and investigating conditions relative to the enforcement of these laws.

(2)

It shall be incumbent upon every occupant of a mobile home park to allow the owner thereof or his agent or employee access to any part of such park or its premises at reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with state or local laws or any lawful order issued pursuant thereto.

Rules for operation and maintenance. Rules and regulations for the operation and maintenance of a park are required and must be submitted to the Department for review and approval. Said rules and regulations must be prominently posted on a permanent basis on the physical premises of the park. Any amendments thereto must be submitted to the Department for attachment to the park license. If at any time said rules and regulations are not posted, or if posted and not filed with the Department, said license shall be null and void upon notification by registered mail to the applicant by the Department.

[Amended 11-20-2012 by Bill No. 2012-12]

Supervision. The licensee, owner or a duly authorized attendant or caretaker shall be in charge at all times to keep the park, its facilities and equipment in a clean, orderly and sanitary condition. The attendant or caretaker shall be liable/responsible, with the licensee and/or owner, for the violation of any provisions of this chapter to which the licensee or owner is subject.

[Amended 11-20-2012 by Bill No. 2012-12]

Maintenance by Wicomico County. In the event that the park owner or licensee, at any time hereafter, shall fail or refuse to maintain the park so that the park shall fall into a state of disrepair or disorder, the County, after providing 15 days' advance written notice to the licensee or owner, shall have the right to complete any reasonably required maintenance, cleaning or repair of the area and shall assess the owner for costs thus incurred as in the case of annual or special assessments for delinquent taxes, and any such charge shall constitute a lien on the park premises. The County may also institute suit against the owner for any expense incurred in the repair and maintenance of said park.

[Amended 11-20-2012 by Bill No. 2012-12]

§ 169-3 Mobile home park requirements.

Additions; removal of wheels. No additions shall be built to any mobile home unless the addition is portable and fireproof and a building permit, where required, is obtained.

Private water and sewage required. All mobile homes shall be serviced by a public or private water and sewer system which complies with the requirements of the Department and the Maryland State Health Department. Where a public water and sewer system is reasonably available to the premises, regardless of the number of mobile home lots, connection thereto shall be made.

Garbage receptacles; collection and disposal of garbage and rubbish. Garbage and rubbish shall be collected and disposed of as frequently as may be necessary to prevent undue accumulation.

Adequate storage facilities. Adequate storage facilities shall be located on or conveniently near each mobile home lot for the active storage of outdoor equipment, furniture and tools and for the inactive storage of such other materials as are used only seasonally or infrequently. Storage facilities shall be designed in such a manner that will enhance the appearance of the park and shall be constructed of suitable weather-resistant materials appropriate under the use contemplated.

(1)

The licensee and/or owner or his authorized agent shall keep a register containing a record of all mobile home owners and occupants located within the park, said register to be available for inspection at all times. The register shall contain the following information:

[Amended 11-20-2012 by Bill No. 2012-12]

(a)

The name and address of each occupant.

(b)

Make, model, year and permit number of all automobiles and mobile homes and the dates of arrival and departure of each mobile home.

(2)

Eviction. Eviction of a tenant from the premises by the applicant or his agent shall only be permitted under the following conditions:

(1)

Nonpayment of rent.

(2)

Violation of any city, county, state or federal law, rule or regulation.

(3)

Violation of any filed and posted rule or regulation of the park.

§ 169-4 License required.

It shall be unlawful for any person, firm or corporation to establish, maintain or operate a mobile residence park in Wicomico County, exclusive of the incorporated municipalities, without first having obtained a license therefor.

§ 169-5 Application for license.

The application for a park license, with all accompanying plans and specifications, shall be filed with the Department in duplicate.

The application must contain the proper name and permanent mailing address of each applicant.

(1)

Each owner of the premises must apply, including husband and wife. If the applicant is a tenant or lessee, each such tenant or lessee must apply, including husband and wife.

(2)

If the owner or tenant applicant is a firm or partnership, either general or limited, each member of such firm or partnership must apply, and the trade name and address, if any, of the firm or partnership must be submitted.

(3)

If the owner or tenant applicant is a corporation, the application must be made in the name of the corporation, signed by the president or vice president thereof, and the names and permanent mailing addresses of all corporate officers must be listed.

(4)

If the owner or tenant applicant is not a resident of Wicomico County, Maryland, then, in addition to the information required above, the applicant shall provide the name, permanent mailing address and title of a person who shall have the authority to manage the premises, including but not limited to the authority to correct deficiencies when reported and respond to inquiries from the County, tenants or interested persons. In the event said person shall be unable to respond as above due to lack of authority from the applicant, any park license issued pursuant to this chapter shall be deemed null and void upon 10 days' notice by the County to the applicant, by registered mail to the applicant's stated address.

[Amended 11-20-2012 by Bill No. 2012-12]

The application shall set forth the location and legal description of the park.

A copy of the rules and regulations promulgated in accordance with § 169-2D must be attached to the application.

There shall be submitted with the application a written certification from the Planning and Zoning Commission that the park complies with all County regulations, including those contained in the Zoning and Subdivision Chapters as they pertain to such parks, and any codes required by § 225-96B(2) of the Zoning Chapter. A list of the conditions of approval attached to the Planning Commission's approval of the park shall also be filed with the application.

§ 169-6 Issuance of license; fee.

[Amended 6-13-1983 by Bill No. 1983-3; 4-6-2004 by Bill No. 2004-4; 10-17-2006 by Bill No. 2006-11; 11-20-2012 by Bill No. 2012-12]

Upon review of the application and supporting documents, the Director of Administration, if satisfied that the park has been constructed and is in compliance with all applicable laws and regulations and/or codes, shall instruct the Director to issue a park license upon payment of the license fee in the amount of $500.

§ 169-7 Posting of license certificate.

The park license certificate shall be conspicuously posted in the office of or on the premises of the park at all times.

§ 169-8 License restrictions.

Park licenses shall be issued for the period of one year from July 1 to June 30 in each and every year.

No license fees will be prorated, either upon application or upon cancellation, whether voluntary or otherwise.

No license issued hereunder shall be transferable, either to another person for the same premises or to other premises by the applicant to whom issued.

§ 169-9 Renewal and transfer of licenses.

[Amended 10-17-2006 by Bill No. 2006-11]

No annual license provided for in this chapter shall be renewed or transferred until the following approvals and certificates have first been filed with the Director of Administration, for the license year in question:

Approval by the Department that trailer lots, the premises and all buildings and fixtures in the park are in compliance with the applicable building, fire, electric, stormwater management, 911 addressing and plumbing codes and any other applicable regulation in this chapter.

[Amended 11-20-2012 by Bill No. 2012-12]

A certificate from the Department that trailer lots, the premises and all buildings and fixtures in the park are in compliance with the Fire Prevention Code of the County and this chapter.

[Amended 11-20-2012 by Bill No. 2012-12]

A certificate from the Wicomico County Health Department that the trailer lots, premises and all buildings and fixtures and appurtenances in the park are in compliance with the standards and regulations of the County and State Boards of Health and this chapter.

All parks in existence upon the effective date of this section shall, within 90 calendar days, comply fully with the requirements of this section.

§ 169-10 Revocation or suspension of license.

[Amended 11-20-2012 by Bill No. 2012-12]

The Director, subject to appeal as provided in § 169-13 hereof, may revoke or suspend any license issued under this chapter upon finding that activities of the owner, licensee or operator or employees of the park, or the occupants of the park licensed hereunder or for which a license application has been made, has violated this chapter or constitutes a detriment, is injurious to or is against the interests of the public health, safety, morals or welfare. In making such a finding the Director shall consider, but not by way of limitation, the following:

The reputation and character of the owner, licensee, operator or employees, including their police, penal history and license history.

Compliance with this chapter and with all applicable state and county laws, rules and regulations, including health standards, safety regulations, fire regulations and building, plumbing and electrical codes.

Occurrence or repeated occurrences on the premises by the owner, licensee or operator, or their knowingly permitting or suffering to be permitted by any employee or occupants, without report and corrective action, occurrence or occurrences of any offenses involving crimes of violence, sex offenses, prostitution or solicitation, drunkenness or violation of gaming, alcoholic beverage or narcotic drug laws, contributing to delinquency of minors, disorderly conduct and similar offenses which constitute a public nuisance.

§ 169-11 Public hearing.

[Amended 11-20-2012 by Bill No. 2012-12]

Before denying, revoking or suspending a license, the Director shall give notice to the owner, operator, applicant or licensee specifying therein the specific violation or reasons for the proposed action, which notice shall direct the owner, operator, applicant or licensee to appear before him at some specified time to show cause why such license should not be denied, suspended or revoked. Upon failure or refusal of the applicant to appear or upon findings at the hearing, the Director may deny, suspend or revoke the license. All orders or notices by the Director shall be served on the applicant or licensee by certified or registered mail at the address shown on the application or by personal delivery. If the applicant or license cannot be found, it shall be sufficient to serve any person in charge of the enterprise at the premises or to post a copy of the order or notice on the premises.

§ 169-12 Summary action.

[Amended 11-20-2012 by Bill No. 2012-12]

When the operation of any park is so harmful to the public health, safety and general welfare as to constitute a public nuisance or immediate danger and thus give rise to an emergency, the Director shall have the authority to order the immediate cessation of the violation and immediate corrective action. Upon failure to comply, the license may be revoked or suspended without other prior notice or hearing.

Unless waived in writing by the licensee within ten (10) days after he has acted, the Director shall conduct a special hearing for such action in respect to the summary order as may therein be determined. Notice of such hearing shall be given the affected person in the manner described in § 169-11.

§ 169-13 Appeals.

[Amended 10-17-2006 by Bill No. 2006-11]

Any person aggrieved by any decision or action of the Director under this chapter shall have the right to appeal to the Board of Appeals by filing a written application within 15 days following the effective date of action or decision complained of in such form as the Board of Appeals may prescribe, and the Board of Appeals shall hold a public hearing and shall be empowered thereafter to affirm, abate, reverse or modify the decision or action of the Director.

§ 169-14 Levy of tax.

Every person, firm or corporation licensed to operate and conduct a mobile home park or parks in Wicomico County under existing laws and/or regulations pertaining thereto shall pay a monthly tax computed at 15% of the gross monthly charges collected by the mobile home park.

§ 169-15 Mobile home owned by licensee.

In those cases where the licensee itself maintains mobile homes, which themselves are owned, leased, controlled or operated by said licensee upon the premises of a licensed park, and leases or rents those mobile homes to others, then, for the purpose of determining the tax created hereby, the gross charges for the rental, leasing or use of the spaces of lots or parcels occupied by such mobile homes and the gross charges for providing any services therefor shall be deemed to be equivalent to the gross charges collected for other spaces, lots or parcels rented to other persons for use of their mobile homes and the gross charges for providing any services therefor.

§ 169-16 Reporting and accounting tax; penalties for nonpayment.

[Amended 6-13-1983 by Bill No. 1983-3; 6-13-1986 by Bill No. 1986-4]

The aforesaid tax shall be accumulated and paid quarterly to the Director of Finance of Wicomico County. On or before the 21st day of October, January, April and July of each year, every licensed park operator shall file with the Director of Finance of the county a report showing the amount of tax due for each of the three months preceding the month of filing of such report and shall pay unto said Director of Finance the total tax for the three preceding months as shown thereon. For the purpose of calculating the tax, it shall be presumed that every lot in the mobile home park on which a mobile home has been installed is rented. The tax shall be due on each such unit unless the owner and/or operator of said mobile home park can prove to the satisfaction of the Director of Finance that such mobile home or unit was not rented during any such taxable period, and, in furnishing such proof, said owner or operator may be required to furnish the name and address of the person last occupying the lot or unit before it became vacant and the name and address of the person who subsequently occupied such lot or unit, if any. Failure to furnish such information by the owner and/or operator will result in his being assessed the full tax on the normal rental on said lot or unit.

If any person fails to remit to the Director of Finance for Wicomico County the tax required to be collected and paid under this section within the time and for the amount specified in this section, there shall be added to such person's tax interest at the rate of 1% per month on the amount of the tax for each month or portion thereof from the date upon which the tax is due, as provided in this section; and, if the tax remains delinquent and unpaid for a period of 120 days from the date it is due and payable, there shall be added thereto a penalty of 10% of the amount of the tax. The Director of Finance may proceed to collect delinquent or unpaid taxes, and until such taxes are collected, they shall become a lien upon the real and personal property of the person, firm or corporation from whom they are due and shall be collectible in the same manner as real estate taxes assessed against any such property.

[Amended 10-17-2006 by Bill No. 2006-11; 11-20-2012 by Bill No. 2012-12]

§ 169-17 Filing of quarterly report.

[Amended 11-20-2012 by Bill No. 2012-12]

The said quarterly report shall be prepared and filed with the Director of Finance of the County on forms to be furnished by him/her upon request of the licensee.

§ 169-18 Expense credit in tax remittance.

The licensee shall be entitled to apply, and credit against the amount of tax payable by him, an amount equal to 2% of the gross tax to be remitted by him to cover his expense in the collection and remittance of the tax; provided, however, that nothing contained in this section shall apply to any licensee who shall fail or refuse to file his return with said Director of Finance within the time prescribed by this chapter.

§ 169-19 Failure to pay tax or file reports.

[Amended 10-17-2006 by Bill No. 2006-11; 11-20-2012 by Bill No. 2012-12]

If any person, firm or corporation required to collect and remit the tax imposed by this chapter fails to file a statement and a remittance within the time provided herein or if said Director of Finance has reasonable cause to believe that an erroneous statement has been filed, said Director of Finance may proceed to determine the amount of tax due to Wicomico County. The Director of Finance may estimate the tax due based on any information the Director can obtain, including prior year information. The Director of Finance shall make such investigations as may be necessary to estimate this tax; provided, however, that notice and opportunity to be heard shall be given to any person, firm or corporation that may become liable for any amount determined by the County to be due.

§ 169-20 Responsibility of owner in event of default of licensee.

The owner of the premises upon which any mobile residence is operated or maintained shall be responsible for the filing of reports and remittance of taxes as provided in this chapter in case of default by his agent or tenant as licensee. If adequate record cannot be found to determine the amount of taxes due Wicomico County, they shall be determined in the manner provided above.

§ 169-21 Enforcement.

[Amended 10-17-2006 by Bill No. 2006-11]

The provisions of this chapter shall be enforced by the Sheriff of Wicomico County and/or the Department, who shall perform such duties as may be assigned to or required of them under this regulation and such other duties as may be assigned to them.

§ 169-22 Violations and penalties.

[Amended 10-7-2003 by Bill No. 2003-18]

Any person convicted of violating the provisions of this chapter shall be guilty of a civil infraction and shall be subject to a fine not to exceed $1,000 per violation. Each day that a violation continues shall be a separate offense.

The fine shall be as specified in the schedule of fines adopted by resolution of the County Council for the violation charged.

[Amended 10-17-2006 by Bill No. 2006-11]

The Director of the Department of Planning, Zoning and Community Development or his designee and the Sheriff of Wicomico Country are hereby authorized to issue citations for civil infractions of this chapter.

[Amended 11-20-2012 by Bill No. 2012-12]

In addition, the County may institute injunctive, mandamus or other appropriate action or proceedings of law to correct violations of this chapter. Any court of competent jurisdiction shall have the right to issue temporary or permanent restraining orders, injunctions or mandamus, or other appropriate forms of relief.