Village of Owego, NY
Tioga County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Owego: Art. I, 12-1-1969 as Ch. 101/2, Art. II, of the 1969 Code of Ordinances; Art. II, 12-1-1969 as Ch. 101/2, Art. III, of the 1969 Code of Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Housing Standards Agency — See Ch. 28.
Building construction — See Ch. 92.
Flood damage prevention — See Ch. 117.
Property maintenance — See Ch. 159.
Sewers — See Ch. 166.
Subdivision of land — See Ch. 175.
Zoning — See Ch. 195.
[Adopted 12-1-1969 as Ch. 10 1/2, Art. II, of the 1969 Code of Ordinances]
This article shall be known as the "Housing Standards Applicable to Mobile Homes."
The purpose of this article is to provide basic and uniform standards in terms of performance objectives implemented by specific requirements governing the construction, occupancy and maintenance of mobile homes and establishing reasonable safeguards for the safety, health and welfare of the occupants and users thereof.
This article shall apply to mobile homes used or intended to be used for year-round dwelling accommodations in fixed locations.
A. 
The provisions of this article shall supersede local laws, ordinances, codes or regulations to the extent that such laws, ordinances, codes or regulations are inconsistent with the provisions of this article, provided that nothing herein contained shall be construed to prevent the adoption and enforcement of a law, ordinance or regulation which is more restrictive or establishes a higher standard than those provided in this article, and such more-restrictive requirement or higher standard shall govern during the period in which it is in effect.
B. 
In a case where a provision of this article is found to be in conflict with a provision of a zoning, building, electrical, plumbing, fire, safety, health, water supply or sewage disposal law or ordinance or regulation adopted pursuant thereto or other local law, ordinance, code or regulation, the provision or requirement which is the more restrictive or which establishes the higher standard shall prevail.
Installations, alterations and repairs to mobile homes and materials, assemblies and equipment utilized in connection therewith shall be reasonably safe to persons and property and shall comply with applicable statutes of the State of New York and orders, rules and regulations issued by authority thereof.[1]
[1]
Editor's Note: Former Subsection B, requiring mobile home courts to conform to the New York State Building Construction Code, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The following definitions shall apply in the interpretation of this article:
ACCESSORY STRUCTURE
A structure, the use of which is incidental to that of the mobile home and which is attached thereto or located on the same mobile home lot. Accessory structures include, but are not limited to, portable, demountable or permanent enclosures, shade structures and carports.
APPROVED
Approved by the administrative officer under the regulations of this article or approved by an authority designated by law or this article.[2]
GENERALLY ACCEPTED STANDARD
A specification, code, rule, guide or procedure in the field of construction of mobile homes or related thereto, recognized and accepted as authoritative.
HABITABLE SPACE
Space used for living, sleeping, eating or cooking purposes; excluding kitchenettes, bathrooms, toilet rooms, storage spaces and enclosures for equipment installations.
MECHANICAL SYSTEMS AND EQUIPMENT
Mobile home electrical, plumbing, heating, ventilating, air-conditioning systems and equipment used for living purposes, including cooking and refrigeration equipment.
MOBILE HOME
A movable living unit equipped with a chassis and provided with the following mechanical systems and equipment: plumbing, heating, electrical, cooking and refrigeration. See "trailer."[3]
MOBILE HOME LOT
A designated site for the exclusive use of the occupants of a single mobile home.
MOBILE HOME STAND
That part of an individual mobile home lot which has been reserved for the placement of the mobile home.
PATIO
A paved outdoor living space designed to supplement the mobile home living area.
STORAGE LOCKER
An enclosed space designed to provide auxiliary general storage space for an individual mobile home.
TRAILER (TRAVEL OR VACATION)
A movable living unit equipped with a chassis but lacking any of the following mechanical systems and equipment: plumbing, heating, electrical, cooking and refrigeration. See "mobile home."
[1]
Editor's Note: Former Sec. 101/2-87, requiring a permit for the operation of a mobile home court, which immediately preceded this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: The former definitions of "community area" and "community structure," which immediately followed this definition, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[3]
Editor's Note: The former definition of "mobile home court," which immediately followed this definition, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 7-29-1996 by L.L. No. 4-1996[1]]
A. 
All factory manufactured homes, modulars or mobile homes must be affixed to a permanent foundation which extends below the frost line and must also be installed in accordance with New York State Uniform Fire Prevention and Building Code requirements.
B. 
All factory manufactured homes, modulars or mobile homes must comply with New York State Uniform Fire Prevention and Building Code requirements.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Generally. Mobile homes shall be structurally sound, effectively insulated and capable of sustaining designed dynamic loading.
B. 
Body and body framing.
(1) 
Body frames shall be designed and constructed as complete units. Wall and floor surfaces shall be firmly attached to body framing members. Doors and windows shall be securely framed in place. Framing and exterior skin shall be surface treated or painted to prevent deterioration.
(2) 
Roofs shall be pitched for proper drainage and shall be weathertight. Roof decks shall be of metal or noncombustible materials.
(3) 
Wood body framing shall be of seasoned lumber and shall provide adequate support and rigidity. Members shall be joined so as to ensure permanent attachment to each other.
(4) 
Metal body framing shall be of structural formed sections, riveted, bolted or welded together. Where different metals are joined, precaution shall be taken to prevent electrolytic action.
(5) 
Insulation of floors, roofs and exterior walls shall consist of noncombustible materials.
(6) 
Ventilation shall be provided to minimize deterioration of structural members from condensation or other causes.
C. 
Chassis.
(1) 
The chassis shall extend substantially the length of the body and shall be capable of supporting the live and dead loads to which subjected.
(2) 
The tongue or drawbar shall be secured to the chassis and shall be capable of supporting the weight of the forward end of the mobile home. If designed to support gas cylinders, the tongue shall be of sufficient strength and shall permit secure attachment.
(3) 
The hitch shall be securely attached to the tongue so as to become an integral part of the tongue.
(4) 
Axles, spring assemblies and wheels shall be capable of supporting the calculated loads.
D. 
Placement. Placement of a mobile home on a mobile home stand by jacks or supports shall be such as to ensure the retention of the mobile home in a fixed position.[1]
[1]
Editor's Note: Former Sec. 101/2-95, Space requirements, which immediately followed this subsection, was deleted 7-29-1996 by L.L. No. 4-1996.
A. 
Habitable space. A mobile home shall be provided with natural light and ventilation adequate for the intended use of each habitable space in accordance with the following:
(1) 
Window area shall equal at least 10% of the floor area of each habitable space.
(2) 
Openable area of windows and other openings used for natural ventilation of each habitable space shall equal at least 45% of the required window area, or mechanical ventilation shall be provided.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Nonhabitable space. A mobile home shall be provided with light and ventilation adequate for the intended use of nonhabitable space in accordance with the following:
(1) 
Kitchenettes, bathrooms and toilet rooms shall be provided with light of sufficient intensity and so distributed as to permit the maintenance of sanitary conditions and the safe use of the space and the appliances, equipment and fixtures.
(2) 
Kitchenettes, bathrooms and toilet rooms shall be provided with natural ventilation consisting of openable areas of not less than 11/2 square feet for bathrooms and toilet rooms and not less than three square feet for kitchenettes, or mechanical ventilation shall be provided.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). In addition, the following former sections, which immediately followed this subsection, were deleted 7-29-1996 by L.L. No. 4-1996: Sec. 101/2-97, Mechanical systems and equipment, Sec. 101/2-98, Maintenance; Sec. 101/2-104, General requirements; Sec. 101/2-105, Utilities; Sec. 101/2-106, Mobile home lots; Sec. 101/2-107, Community areas; and Sec. 101/2-108, Community structures.
A. 
Generally. Facilities for the safe and efficient storage of required fuels shall be provided.
B. 
Liquefied petroleum gas. Liquefied petroleum gas storage containers having a capacity exceeding 125 gallons shall be located not less than 25 feet from the nearest mobile home, structure, building and lot line and shall not be subject to damage from moving vehicles.
C. 
Fuel oil. Fuel oil and other flammable materials shall be stored so as not to be a fire hazard.[1]
[1]
Editor's Note: Former Sec. 101/2-110, Property maintenance, which immediately followed this section, was deleted 7-29-1996 by L.L. No. 4-1996.
Any person violating any provision of this article shall be subject to a fine of not more than $250 or imprisonment for not more than 15 days, or both such fine and imprisonment.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Adopted 12-1-1969 as Ch. 101/2, Art. III, of the 1969 Code of Ordinances]
This article shall be known as the "Administration and Compliance Provisions Supplementary to Applicable Mobile Home Standards."
The purpose of this article is to provide basic and uniform administration of and compliance with applicable mobile home standards and to establish the responsibilities of parties concerned therewith.
A. 
This article shall apply to administration of and compliance with applicable mobile home standards.
B. 
This article shall not apply to premises which are not within the scope of applicable mobile home standards.
A. 
There shall be established or designated by local law in the village an agency to administer and secure compliance with the applicable mobile home standards. Such agency is hereinafter referred to as "the agency."
B. 
The agency shall be under the direction and charge of a chief officer who shall have as his representatives such assistants and inspectors as may be necessary to carry out effectively the powers and duties of the agency.
C. 
All personnel of the agency shall be qualified and appointed as prescribed by local law and shall be furnished with appropriate official badges or identification cards.
D. 
All personnel of the agency shall be free from personal liability for acts done in good faith in the performance of their official duties.
A. 
The agency shall be charged with the duty of administering the applicable mobile home standards and securing compliance therewith and shall be empowered to adopt rules and regulations necessary for securing such compliance and for its own organization and internal management, provided that such rules and regulations shall not be in conflict with the applicable mobile home standards.
B. 
The agency shall be authorized to conduct surveys of housing in any area of the municipality to determine the condition of premises, extent of deterioration, lack of facilities, inadequate maintenance, unsafe and insanitary conditions, extent of overcrowding, land use and other relevant factors.
C. 
It shall be the duty of the chief officer to:
(1) 
Cause periodic inspections to be made not less than once every five years of all premises within the scope of applicable mobile home standards.
(2) 
Cause an investigation of all complaints of alleged mobile home violations or other unsafe or insanitary conditions.
(3) 
Order, in writing, the remedying of all conditions found to exist in or on any premises in violation of provisions of the mobile home standards or of rules and regulations adopted by the agency, to state in the violation order a reasonable time limit for compliance therewith and, where necessary, to order the vacation of premises found unfit for human habitation.
(4) 
Request the chief legal officer of the municipality to take appropriate legal action in the name of the agency upon failure of the responsible party to comply with such violation order within the time specified therein.
(5) 
Cause a search of the agency's records of mobile home violations existing on any premises and to issue a certified statement thereof upon receipt of written request and payment of any fees required by local law or ordinance.
(6) 
Study mobile home conditions in the municipality.
(7) 
Cooperate with other municipal, governmental and private agencies engaged in the study and improvement of mobile home conditions.
(8) 
Publish an annual report of mobile home conditions in the municipality, accomplishments of the agency and recommendations for the future.
D. 
Where violations of the mobile home standards exist and pose an immediate hazard or danger to the health, safety or welfare of building occupants or of the public, the chief officer may issue an order citing the violation and directing such action by such municipal agency as is necessary to remove or abate the immediate hazard or danger.
A. 
Inspectors shall be authorized and have the right, in the performance of their duties, to enter any premises during normal business hours and in emergencies whenever necessary to protect the public interest.
B. 
Owners, agents, operators and occupants shall be responsible for providing access to all parts of the premises within their control to authorized agency personnel acting in the performance of their duties.
The agency shall keep records of all complaints received, inspections made and violations found regarding premises regulated by the mobile home standards. Records shall be kept in a manner and form as prescribed by local law and shall be available for public inspection.
A. 
Any person violating a provision of this article shall be subject to a fine of not more than $250 or to imprisonment for not more than 15 days, or both such fine and imprisonment, for each such violation, each week's continued violation constituting a separate additional violation.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). In addition, the former unnumbered paragraph, imposing a civil penalty, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Any violation of this chapter may be enjoined pursuant to law.
C. 
The remedies provided for herein shall be cumulative and shall be in addition to any other remedy provided by law.
[Amended 8-16-1971]
A. 
Owners of premises shall be responsible for compliance with the mobile home standards and shall remain responsible therefor regardless of the fact that this article may also place certain responsibilities on operators and occupants and regardless of any agreements between owners and operators or occupants as to which party shall assume such responsibility.
B. 
Owners of premises shall be responsible for proper maintenance, condition and operation of service facilities and for furnishing adequate heat and hot water supply in multiple dwellings.
C. 
No owner shall hereafter rent or rerent any vacant dwelling unit unless:
(1) 
It complies with the provisions of this article.
(2) 
The owner shall have registered within two years immediately preceding the date of letting his rental units and received for those units a certificate of registration.
(3) 
A certificate of compliance is obtained for the dwelling unit to be rented or rerented.
D. 
Certificates of registration and compliance shall be issued by the Owego Housing Standards Agency only after inspection of the dwelling unit. The name of the agent, if any, for the property shall be recorded also on the certificates of registration.[1]
[1]
Editor's Note: Former Sec. 101/2-144, Responsibilities of lodging house operators, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Occupants of dwelling units shall be responsible for compliance with the mobile home standards in regard to the following:
A. 
Limiting occupancy of that part of the premises which he occupies or controls to the maximum permitted by the mobile home standards.
B. 
Maintenance of that part of the premises which he occupies or controls in a clean, sanitary and safe condition.
C. 
Maintenance of all plumbing, cooking and refrigeration fixtures and appliances, as well as other building equipment and storage facilities in that part of the premises which he occupies or controls, in a clean and sanitary condition and providing reasonable care in the operation and use thereof.
D. 
Keeping exits from his dwelling unit clear and unencumbered.
E. 
Disposal of garbage and refuse into provided facilities in a clean and sanitary manner.
F. 
Extermination of insects, rodents or other pests within his dwelling unit if his unit is the only one infested in the premises.
G. 
Hanging and removing required screens.
H. 
Keeping his domestic animals and pets in an appropriate manner and under control.