Village of Chittenango, NY
Madison County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Chittenango 11-2-1956. Amendments noted where applicable.]
[Amended 8-10-2006 by L.L. No. 2-2006]
It is the purpose of this chapter to promote the health, safety and general welfare of the inhabitants of the Village by updating, clarifying and providing enforcement mechanisms to the Code of the Village as it applies to manufactured housing. Such housing is desirable, as it serves the needs of the community. Such homes must be maintained in a scrupulous fashion, due to the proximity of individual housing units within areas designated for manufactured housing. Such housing is transportable, lending greater opportunity for damage during removal, transportation and reinstallation at a new site. Proper maintenance of such housing and the regulation of sites upon which such housing is installed decreases potential danger to inhabitants living in close proximity to each other and enhances the overall appearance and value of property in proximity to manufactured housing sites.
Whenever used in this chapter, unless otherwise expressly stated or unless a different meaning appears from the content, the following terms shall have the meanings indicated:
FAMILY UNIT
A group of persons, related by blood, marriage, or commitment, sharing one dwelling and constituted by no more than four adults and the unemancipated children of such adults.
[Added 8-10-2006 by L.L. No. 2-2006[1]]
MANUFACTURED HOME
As defined in Article 21-B of the Executive Law, as follows: a structure, transportable in one or more sections, which, in traveling mode, is eight body feet or more in width and 40 body feet or more in length or, when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein. The term shall include any structure that meets all of the requirements of this subdivision except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the United States Secretary of Housing and Urban Development and complies with the standards established under Title 42 of the United States Code, except that such term shall not include any self-propelled recreational vehicle.
[Added 8-10-2006 by L.L. No. 2-2006; amended 2-27-2007 by L.L. No. 3-2007]
MANUFACTURED HOME PARK
Any plot of land upon which two or more manufactured homes, which are occupied for dwelling or sleeping purposes, are located or which is offered to the public for the location of two or more occupied manufactured homes, regardless of whether a charge is made for such accommodations.
[Added 8-10-2006 by L.L. No. 2-2006]
PERSON
Includes persons, partnership, firms, company, corporations, tenants, owners, lessees or licensees and agents or assigns.
RECREATIONAL VEHICLE
Any factory-manufactured structure, either self-propelled or movable by other vehicles, transportable in one section, which is less than eight feet in width and less than 40 feet in length, which is built upon a permanent chassis and designed to be used as a temporary dwelling, without permanent foundation, and may include plumbing, heating, air-conditioning and electrical systems contained herein.
[Added 8-10-2006 by L.L. No. 2-2006[2]]
UNIT
A section of ground in a manufactured home park of not less than 2,000 square feet designed for location and accommodation of an occupied manufactured home and its tow vehicle, for use by a single-family unit.
[Amended 8-10-2006 by L.L. No. 2-2006]
[1]
Editor's Note: The former definitions of "camp cottage" or "cabin," which immediately preceded this definition, and "house trailer," which immediately followed this definition, were repealed 8-10-2006 by L.L. No. 2-2006.
[2]
Editor's Note: The former definitions of "tourist camp" and "trailer camp," which immediately followed this definition, were repealed 8-10-2006 by L.L. No. 2-2006.
[Amended 8-10-2006 by L.L. No. 2-2006]
A. 
It shall be unlawful within the limits of the Village of Chittenango for any person to park any manufactured home on any street, alley, highway or any other public place between the hours of 9:00 p.m. and 6:00 a.m.
B. 
No person or persons being the owners or occupants of any manufactured home shall park or otherwise locate said manufactured home upon any premises within the Village of Chittenango for the purpose of using the same for living, sleeping or eating quarters, nor shall any such person use or occupy any manufactured home for living, sleeping or eating therein except in a duly authorized manufactured home park and except as hereinafter provided.
[Amended 8-10-2006 by L.L. No. 2-2006]
A. 
No person or persons being the owner or occupant of any land or premises within the Village of Chittenango shall use or permit the use of such land or premises for:
(1) 
The establishment or maintenance of a manufactured home park until a license for the establishment or maintenance of such manufactured home park has been obtained as hereinafter provided, and after the issuance of said license, such park shall not be maintained or operated other than in accordance with applicable laws and the terms of this chapter.
(2) 
The parking of any manufactured home for the purpose of the same being used for living, sleeping or eating therein except as hereinafter provided.
B. 
No recreational vehicle shall be permitted to occupy a manufactured home park unit as a dwelling, nor shall a recreational vehicle temporarily stored on a manufactured home park unit be used as a temporary dwelling.
[Amended 6-20-1989 by L.L. No. 2-1989; 8-28-2001 by L.L. No. 3-2001; 8-10-2006 by L.L. No. 2-2006]
A. 
It shall be unlawful for any person to establish, maintain or operate, or permit to be established, maintained or operated, on any property owned or controlled by him, a manufactured home park within the Village of Chittenango without having first secured a license therefor in compliance with the provisions of this chapter. Such license shall expire on January 1 following the date of issuance but may be renewed under the provisions of this chapter for additional periods of one year.
[Amended 2-27-2007 by L.L. No. 3-2007]
B. 
The application for such license, or the renewal thereof, shall be filed with the Village Clerk and should be accompanied by the appropriate fee as hereinafter provided. An application for renewal of such license should be filed no later than 30 days prior to the expiration of the existing license. If such application should be filed prior to the expiration of such license but less than 30 days prior thereto, a surcharge of $500 shall be paid with the application fee.
C. 
The application shall be verified by the applicant and shall contain:
(1) 
The name and address of the applicant.
(2) 
The nature and extent of his interest in the business for which a license is desired.
(3) 
Whether or not applicant is the owner of the real property for which the license is desired, and if not, the name and address of the owner thereof.
(4) 
If applicant is not the owner of real property for which the license is desired, the application shall be accompanied by a duly verified statement of the owner of the real property that the applicant is authorized by him to construct or maintain the manufactured home park and to make application for a license therefor.
[Amended 2-27-2007 by L.L. No. 3-2007]
(5) 
A description of the premises on which the manufactured home park is or will be located as will readily identify and definitely locate the same.
(6) 
The number of units to be contained in said proposed manufactured home park.
(7) 
The names and addresses of owners of all manufactured homes then located in the manufactured home park.
(8) 
The year, make, model and location of all manufactured homes then located in the park.
(9) 
A statement verifying that all manufactured homes located in the park have been installed in accordance with the laws, codes and regulations of the State of New York existing at the time of installation of such homes.
(10) 
Such other information as may reasonably be required.
D. 
The application shall be accompanied by two copies of the manufactured home park plan, drawn to scale and prepared by a civil engineer or land surveyor duly licensed by the State of New York, showing in detail the following:
(1) 
The extent and area to be used for park purposes.
(2) 
Roadways, driveways and sidewalks.
(3) 
Locations of sites of units.
(4) 
Separate location of parking facilities for automobiles and tow vehicles.
(5) 
Location of sanitary conveniences, including toilets, washrooms, laundries and utility rooms.
(6) 
Plan for water supply (application for water).
(7) 
Plan for supplying electricity to units and for lighting of park, roadways and sidewalks.
E. 
The Village Clerk shall immediately submit said application and plan to the Board of Trustees, who shall examine the same in detail, inspect the property and promptly recommend approval or disapproval of the application to the Village Clerk. The prompt action of the Board shall cause the application to be considered and acted upon at its next regularly scheduled meeting. If the Village Board shall approve such application, it shall endorse its written approval with the date thereof on the written application and it shall thereupon direct the Village Clerk to issue the license, whereupon such license shall be issued by such Clerk. If the application is disapproved by the Village Board, then the Village Clerk shall promptly notify the applicant in writing of such disapproval, together with the reason or reasons therefor, and such notification of disapproval shall be accompanied by a refund of the portion of the fee paid by the applicant as shall be in excess of $10. Any person deeming himself aggrieved by the action of the Village Board may apply to a court of competent jurisdiction.
F. 
The license fees for manufactured home parks shall be as set, from time to time, by resolution of the Board of Trustees of the Village.
[Amended 8-10-2006 by L.L. No. 2-2006]
A. 
Every manufactured home park shall be located on a well-drained site, properly graded to ensure rapid drainage and freedom from stagnant pools of water.
[Amended 2-27-2007 by L.L. No. 3-2007]
B. 
Manufactured home or manufactured home park spaces shall consist of a minimum of 2,000 square feet for each unit, with a minimum width of 40 feet and a minimum depth of 50 feet. All spaces shall be clearly defined by proper markers at each corner. Manufactured homes or other structures shall be so located on each space that there shall be at least a ten-foot side and rear clearance between manufactured home coaches or structures. No manufactured home or structure shall be located nearer than 10 feet to any property line bounding the park nor nearer than 20 feet to the boundary of any highway, road, street or other public thoroughfare.
[Amended 2-27-2007 by L.L. No. 3-2007]
C. 
Separate parking facilities for automobiles and tow vehicles shall be provided adequate to accommodate at least one tow vehicle for each unit. No automobiles, manufactured homes, structures or tow vehicles shall be parked or allowed to stand within 20 feet of the boundary of any highway, road, street or other public thoroughfare.
D. 
An adequate electric service outlet supplying at least 110 volts and sufficient wattage shall be provided for on each unit space.
E. 
There shall be public access to every manufactured home unit, consisting of an asphalt or concrete paved private road connecting to a dedicated Village street or state, town or county highway. The paved portion of the private road shall be at least 20 feet in width, and no manufactured home should be located nearer than five feet from the closest edge of the paved surface.
F. 
There shall be located on each unit a storage building or garage of no less than 20 square feet floor space, and such storage building or garage shall be at least six feet tall.
G. 
Skirting compatible with the siding of the manufactured home shall be installed at the base of each home, extending to within six inches from the ground at all points.
A sufficient supply of pure drinking water approved by the Board of Health and the Health Officer shall be provided in convenient locations. No common drinking facilities shall be permitted.
A. 
All waste from showers, toilets, laundries, faucets and lavatories shall be wasted into the Village of Chittenango sanitary sewer system.
[Amended 6-20-1989 by L.L. No. 2-1989]
B. 
Each manufactured home park shall provide adequate equipment to prevent littering of the licensed premises with rubbish, paper and the like, such containers to be of metal construction with tight-fitting covers and located at convenient and conspicuous locations in and about such premises. Such rubbish and paper depositories shall be used in the collection and storage of garbage or refuse and shall at all times be kept in a clean and sanitary condition. No manufactured home or park shall be located more than 100 feet from such metal depository. Each manufactured home or park shall be equipped with suitable garbage cans or containers, same to be used, maintained and collected as per the usual Village garbage collection schedules and in strict compliance with the Village rules, regulations and ordinances governing the collection and removal of garbage and refuse from the Village.[1]
[Amended 8-10-2006 by L.L. No. 2-2006; 2-27-2007 by L.L. No. 3-2007]
[1]
Editor's Note: See Ch. 87, Garbage, Rubbish and Refuse.
[Amended 8-10-2006 by L.L. No. 2-2006]
A. 
In every manufactured home park there shall be a building or trailer in which shall be located the office of the operator or person in charge of said park. A copy of the park license and of this chapter shall be conspicuously posted therein at all times, and the park register shall at all times be kept in said office.
B. 
It is hereby made the duty of the attendant or person in charge, together with the licensee, to:
(1) 
Keep at all times a register of occupants of manufactured homes, which register shall be kept open for the inspection thereof by the representative of any law enforcement officer of the state, county, Village and federal officers, showing for each such manufactured home:
[Amended 2-27-2007 by L.L. No. 3-2007]
(a) 
Name and address of each occupant.
(b) 
Date of arrival.
(c) 
Name of owner of manufactured home.
(d) 
Make of manufactured home.
(e) 
State in which manufactured home is registered.
(f) 
Registration number of manufactured home.
(g) 
Year of issue of registration.
(2) 
In addition, for each manufactured home being propelled by an automobile or tow vehicle to which it may be attached, the following must be shown:
(a) 
The name and owner of such vehicle.
(b) 
The state in which such vehicle is registered.
(c) 
Registration number of such vehicle.
(d) 
Year of issue of registration.
(e) 
Make of vehicle.
(3) 
Maintain the park in a clean, orderly and sanitary condition at all times.
(4) 
See that the provisions of this chapter are complied with and enforced and report promptly to the public health authority any communicable diseases in the park.
(5) 
Maintain in convenient places approved by the Chief of the Chittenango Fire Department hand fire extinguishers in the ratio of one to each 10 units.
(6) 
Prohibit the use of any manufactured home park by a greater number than it was designed to accommodate.
[Amended 6-20-1989 by L.L. No. 2-1989; 8-28-2001 by L.L. No. 3-2001; 8-10-2006 by L.L. No. 2-2006]
A. 
It shall be unlawful for any person to maintain a manufactured home for more than seven days without having secured a certificate of occupancy therefor, in compliance with the terms of this chapter, whether such manufactured home is located in a manufactured home park or not.
B. 
The application for such certificate of occupancy shall be filed with the Village Clerk and shall be accompanied by the appropriate fee, as hereinafter provided.
C. 
The application shall be verified by the applicant and shall contain:
(1) 
The name and present address of the applicant.
(2) 
The previous address of the applicant by street and number.
(3) 
The name, address and telephone number of the owner of the manufactured home.
(4) 
The date of arrival of the manufactured home in the Village of Chittenango.
(5) 
Name of the owner of the manufactured home.
(6) 
Make of manufactured home.
(7) 
State in which the manufactured home is registered.
(8) 
Registration number of manufactured home.
(9) 
The HUD certification number of the manufactured home.
(10) 
The name and address of the installer of the manufactured home, if the manufactured home was installed in its current location prior to the effective date of this section.
(11) 
If a manufactured home was 1) damaged by casualty (fire, wind, explosion, etc.) or ordinary wear-and-tear during the prior year, and 2) aggregate repairs in excess of $1,000 in cost were undertaken for such manufactured home during such year, a statement of what damages occurred; the cost of repairs; whether such damage has been fully repaired; and the name and address of the party(ies) repairing the damages.
[Amended 2-27-2007 by L.L. No. 3-2007]
(12) 
A statement that manufactured homes installed after the effective date of this section are equipped with a pitched roof of no less than 4/12 for single-wide manufactured homes and 5/12 for double-wide manufactured homes. Any manufactured home installed as of the date of enactment of this section, for which a new roof is installed after the effective date of this section, shall have installed a roof in compliance with this section or the owner will be guilty of a violation of this chapter.
(13) 
Year of issuance of registration.
(14) 
Such other information as may reasonably be required.
D. 
After the effective date of this section, no manufactured home shall be installed in a manufactured home park that is more than 10 years old at the time of such installation.
[Added 2-27-2007 by L.L. No. 3-2007[1]]
[1]
Editor's Note: This ordinance also repealed former Subsection C(13), added 8-10-2006 by L.L. No. 2-2006, and redesignated former Subsections D and E as Subsections E and F, respectively.
E. 
Fees for individual manufactured home permits shall be as set, from time to time, by resolution of the Board of Trustees of the Village.
F. 
When permit application with all information required by the Village Clerk is duly submitted, together with the necessary fee and with written approval of a majority of the Village Board, the Village Clerk may issue a manufactured home permit for such manufactured home. Any person considering himself aggrieved by the refusal of the Village Clerk to so issue a manufactured home permit may, within 30 days after such refusal, apply to the Village Board for a review of such action. The Village Board may thereupon affirm, modify or reverse the action of the Village Clerk.
[Amended 8-10-2006 by L.L. No. 2-2006]
A. 
A manufactured home park cannot commence operation until an inspection has been conducted by the Superintendent of the Department of Public Works, one or more members of the Village Board, and the Building and Fire Code Enforcement Officer, to determine that all requirements of this chapter have been complied with.
B. 
A manufactured home park shall be subject to inspection by the Building and Fire Code Enforcement Officer, the Village Police and/or designated Village representatives at such reasonable times as the Village may deem appropriate, to assure that the requirements of this chapter have been complied with.
[Amended 8-10-2006 by L.L. No. 2-2006]
A. 
The Village Board may, after notice and proper hearing, revoke or suspend a manufactured home park license, issued pursuant to the terms of this chapter, for a violation of any of the provisions hereof. Upon revocation of any such manufactured home park license, the premises shall forthwith cease to be used for the purposes of a manufactured home park, and all manufactured homes located therein shall be promptly removed therefrom.
B. 
Upon the expiration or suspension of a manufactured home park license, the owner shall not permit the installation of any new or replacement manufactured homes in the manufactured home park. In addition, a civil penalty of $50 per day shall be assessed for each day following the expiration of the license until a renewal application is filed, and/or for each day following such suspension, while the defect(s) identified by the Village Board at a hearing remain(s) not in compliance with this chapter. The manufactured home park owner shall promptly notify the Village when all of such defects causing the suspension of the manufactured home park license have been rectified and permit inspection by authorized Village representatives to determine compliance. In cases of suspension for defects, the daily civil penalty provided herein shall terminate upon verified notice of correction of defects. In cases of expiration of license prior to permit reapplication, the daily penalty shall end upon the proper filing of a permit reapplication complying with this chapter.
[Added 8-10-2006 by L.L. No. 2-2006]
A. 
The owner(s) of a manufactured home park shall assure that all manufactured homes are properly installed and that connections for utility services are maintained in good working order.
B. 
The owner shall notify the Village Clerk, in writing, immediately upon the occurrence of the following:
(1) 
Destruction of a manufactured home due to fire, explosion, windstorm or other means.
(2) 
Discontinuance of utility services to the manufactured home park as a whole.
(3) 
Sale of the manufactured home park.
(4) 
Installation of a new or replacement manufactured home on any lot of the manufactured home park.
(5) 
Apparent abandonment of a manufactured home by its normal occupant.
C. 
The owner(s) of a manufactured home park shall assure that no refuse is permitted to accumulate upon the premises. Contents of refuse containers shall be suitably removed in a timely fashion.
D. 
The owner(s) of a manufactured home park shall assure removal of junk motor vehicles, motor vehicle parts, scrap wood and metal which are not in proper enclosures.
E. 
The owner(s) of a manufactured home park shall promptly remove any manufactured home 1) deemed abandoned and 2) appearing to pose a danger to the health and safety of the inhabitants of the park; provided, however, that no violation shall be deemed to have occurred if the owner of the manufactured home park has commenced suitable legal proceedings and continues, in a reasonable manner, to secure the removal of such manufactured home.
[Amended 6-20-1989 by L.L. No. 2-1989; 8-10-2006 by L.L. No. 2-2006; 2-27-2007 by L.L. No. 3-2007]
A. 
A person who has been found to have failed to comply with any provision of this chapter shall be guilty of a violation, as defined in the provisions of the Penal Law, and upon conviction thereof, each violation shall be punishable by a fine of not more than $250, or by imprisonment for not more than 15 days, or both.
B. 
Each additional week a violation of any provision of this chapter continues, after written notice of such violation has been delivered to the responsible party(ies), or three days after such written notice is mailed to the last known address provided to the Village by the responsible party(ies), shall be deemed a separate and distinct violation.
C. 
The penalties for each separate and distinct violation, adjudicated by the appropriate court, can be imposed consecutively or concurrently, at the discretion of the court.
[Amended 8-10-2006 by L.L. No. 2-2006]
A. 
All of the foregoing shall not affect the rights and privileges of those persons who have had legally permitted manufactured homes in the Village of Chittenango, and those persons shall retain said manufactured homes at the place and property where located as of June 15, 1956; provided, however, that all proper license fees are duly paid when due and payable. Nothing noted in this subsection shall be deemed to alter, amend or in any manner affect the licensing, inspection and regulating of said manufactured homes legally permitted as of June 15, 1956, said manufactured homes being considered and hereby brought under the scope, supervision and regulation of this chapter.
B. 
None of the provisions of this chapter shall be applicable to the sale, storage or garaging within a building or structure of a manufactured home, nor shall the same be applicable to the exhibit for sale of manufactured homes upon any property in the Village of Chittenango outside a manufactured home park.
Nothing herein contained shall be construed to abrogate any provision of the Sanitary Code of the State of New York or of the County of Madison, as the same now provides or as the same may be amended to provide. In the event of inconsistencies existing between the provisions of this chapter and said code or codes, said code or codes shall govern.