[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:
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]]
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]
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]
Includes persons, partnership, firms, company, corporations,
tenants, owners, lessees or licensees and agents or assigns.
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]]
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]
[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]
(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:
(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]]
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.
