[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.]
[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]
The following definitions shall apply in the interpretation of this
article:
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 by the administrative officer under the regulations of this
article or approved by an authority designated by law or this article.[2]
A specification, code, rule, guide or procedure in the field of construction
of mobile homes or related thereto, recognized and accepted as authoritative.
Space used for living, sleeping, eating or cooking purposes; excluding
kitchenettes, bathrooms, toilet rooms, storage spaces and enclosures for equipment
installations.
Mobile home electrical, plumbing, heating, ventilating, air-conditioning
systems and equipment used for living purposes, including cooking and refrigeration
equipment.
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]
A designated site for the exclusive use of the occupants of a single
mobile home.
That part of an individual mobile home lot which has been reserved
for the placement of the mobile home.
A paved outdoor living space designed to supplement the mobile home
living area.
An enclosed space designed to provide auxiliary general storage space
for an individual mobile home.
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."
[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.
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.
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.
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.
[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.
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]
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.
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.
