[HISTORY: Adopted by the County Council of
Wicomico County 6-15-1978 by Bill No. 1978-8. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch.
117.
Electrical standards — See Ch.
138.
Floodplain management — See Ch.
149.
Housing standards — See Ch.
160.
Subdivision of land — See Ch.
200.
Trailer camps — See Ch.
211.
For the purposes of this chapter, the following
words and phrases shall have the meanings respectively ascribed to
them by this section:
DEPARTMENT
The Department of Planning, Zoning and Community Development.
[Amended 11-20-2012 by Bill No. 2012-12]
DIRECTOR
The Director of the Department of Planning, Zoning and Community
Development or his designee.
[Amended 11-20-2012 by Bill No. 2012-12]
GROSS MONTHLY CHARGES
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.
All mobile home parks shall comply with the
following general requirements:
A. 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.
B. 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.
C. 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.
D. 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]
E. 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]
F. 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]
A. 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.
B. 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.
C. 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.
D. 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.
E. Register of occupants.
(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) Register records shall be retained for a period of
three years.
F. Eviction. Eviction of a tenant from the premises by
the applicant or his agent shall only be permitted under the following
conditions:
(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.
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.
The application for a park license, with all
accompanying plans and specifications, shall be filed with the Department
in duplicate.
A. 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]
B. The application shall set forth the location and legal
description of the park.
C. A copy of the rules and regulations promulgated in accordance with §
169-2D must be attached to the application.
D. 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.
[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.
The park license certificate shall be conspicuously
posted in the office of or on the premises of the park at all times.
A. Park licenses shall be issued for the period of one
year from July 1 to June 30 in each and every year.
B. No license fees will be prorated, either upon application
or upon cancellation, whether voluntary or otherwise.
C. 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.
[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:
A. 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]
B. 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]
C. 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.
D. All parks in existence upon the effective date of
this section shall, within 90 calendar days, comply fully with the
requirements of this section.
[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:
A. The reputation and character of the owner, licensee,
operator or employees, including their police, penal history and license
history.
B. 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.
C. 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.
[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.
[Amended 11-20-2012 by Bill No. 2012-12]
A. 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.
B. 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.
[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.
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.
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.
[Amended 6-13-1983 by Bill No. 1983-3; 6-13-1986 by Bill No.
1986-4]
A. 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.
B. 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]
[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.
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.
[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.
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.
[Amended 10-17-2006 by Bill No. 2006-11]
A. 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.
[Amended 10-7-2003 by Bill No. 2003-18]
A. 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.
B. 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]
C. 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]
D. 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.