[HISTORY: Adopted by the Borough Council of the Borough of Hampton 8-23-1982. Amendments noted where applicable.]
For the purpose of this chapter, the following terms shall have the meanings indicated:
- BOROUGH SCHOOL SYSTEM
- The Hampton Public School and, to the extent of the enrollment of residents of the Borough of Hampton, the North Hunterdon Regional School District and other educational institutions where Borough residents are enrolled at public expense (exclusive of institutions of higher learning).
- INDEPENDENT MOBILE HOME
- Any vehicle or similar portable structure having no foundation other than wheels, jacks or skirtings and so designed or constructed as to permit occupancy for dwelling purposes. Independent mobile homes shall not, however, mean:
- A. Units of this nature located within a duly licensed trailer coach park; nor
- B. Vehicles or units of this nature which, though located within the Borough of Hampton, are not used as a principal dwelling unit, but which are used periodically for trips, camping and the like. For example, vehicles commonly known as "campers" owned by someone who permanently resides elsewhere and only uses the camper for occasional trips are not to be considered independent mobile homes.
- The legal owner or owners of the real property upon which any independent mobile home is located.
The owner of any independent mobile home located within the Borough of Hampton shall obtain a license for the same on or before October 1, 1982, and annually thereafter. A written application shall be filed with the Borough Clerk on or before September 15 and shall contain the following information:
The name and address of the owner.
The location (by Tax Map and block number) of the independent mobile home.
The names and (if under 21) ages of the persons residing in the independent mobile home as of the date of the application.
The date the independent mobile home was constructed and the date it was first used as an independent mobile home within the Borough of Hampton.
Such further information as may be required by resolution of the Borough Council.
The Borough Council shall annually issue an independent mobile home license to owners of independent mobile homes if:
The application form shall have been timely filed and the application fee timely paid.
The independent mobile home is either in full compliance with Chapter 157, Land Development, or it constitutes a valid preexisting nonconforming use.
All license fees have been paid in full.
The current use of the independent mobile home complies with all applicable health regulations and such other reasonable conditions as may be imposed from time to time by action of the Borough Council.
The owner of each independent mobile home shall pay an annual license fee to the Borough of Hampton based upon the following formula:
If the above formula results in a fee of less than $1,000, then the fee shall be $1,000. The annual fee shall be payable on a quarterly basis as follows:
Delinquent fees shall bear interest at the rate of 18% per annum.
The municipal budget appropriation (M.B.A.) shall be calculated using the following formula:
This formula is derived from the municipal budget and is explained as follows:
The Borough Council may revoke any independent mobile home license if, after a hearing, upon notice to the licensee, it determines that one of the following conditions exist:
The license fee has not been paid for at least two quarters.
The independent mobile home has become unsuitable for dwelling purposes due to the existence of unsanitary or unhealthful conditions.
The independent mobile home has become unoccupied for a period of at least six months.
The licensee has failed to comply with any reasonable conditions imposed upon his right to hold a license or any requirements of this chapter.
Whenever the owner of an independent mobile home sells or otherwise transfers his ownership interest, the new owner shall, within 10 days of the transfer, apply to the Borough Clerk for the issuance of a new license. This application shall be treated as a new application for all purposes, including the tendering of an application fee of $70. If the Borough Council finds that all conditions for the holding of a license are satisfied, it shall issue a new license in the name of the new owner. If an owner dies, the personal representative of his estate or the person acquiring the ownership interest shall have six months to apply for a new license, but in all other respects, transfers of ownership by virtue of death shall be treated as a transfer of ownership for all purposes.
The holder of an independent mobile home license shall report any changes in the facts disclosed in his application form to the Borough Clerk within 30 days of the time such changes occur. Such a report shall be in writing.
The Borough Council shall be empowered to waive any conditions set forth in this chapter, provided that the owner demonstrates that strict compliance will result in undue hardship and that the waiver will not unduly discriminate against other licenses and will not result in substantial harm to the public welfare.
[Amended 11-9-1992 by Ord. No. 14-92]
The owner of any independent mobile home who fails to obtain or qualify for a license or whose license is revoked shall, within 90 days of October 1 or within 90 days of the date of revocation, remove the independent mobile home from the Borough of Hampton. The owner shall immediately notify any tenants of such home so that such tenants may vacate within the ninety-day period. Failure to accomplish removal shall subject the owner to a fine not to exceed $2,000, imprisonment in the county jail for a period not to exceed 90 days and/or a period of community service not to exceed 90 days. Each day an owner suffers or permits an independent mobile home to remain within the Borough of Hampton without a license beyond the ninety-day period shall constitute a separate violation.
This chapter shall not be construed to permit either of the following: