This chapter shall be known and may be cited as the "House Trailer and
Mobile Home Ordinance of the Town of Highlands."
It is the purpose of this chapter to regulate the maintenance of house
trailers and mobile homes and house trailer courts as mobile home courts within
the Town of Highlands and to prescribe regulations for said courts to regulate
the parking and locations of house trailers and mobile homes outside of said
courts within the Town of Highlands, outside the Villages of Highland Falls
and West Point, and to require that house trailer courts and mobile home courts
within the Town of Highlands be laid out and constructed in accordance with
approved plans as hereinafter set forth.
No person, firm or corporation, being the owner or occupant of any land
or premises within the Town of Highlands, shall use or permit the use of said
land or premises as a trailer court or mobile home court or alter, expand
or modify the use of such land as a trailer court or mobile home court without
obtaining a permit therefor as hereinafter provided.
[Amended 4-14-1970
If any authorized representative of the Town of Highlands finds that
any trailer or mobile home court is not being maintained in a clean and sanitary
condition or the provisions of this chapter are not being complied with, such
facts shall thereupon be reported to the Planning Board, and the Planning
Board may thereupon direct the Town Clerk to serve an order, in writing, or
in person upon the holder of the permit or the person in charge of said trailer
or mobile home court directing that the conditions specified to be remedied
within 10 days after the date of the service of such order. If such conditions
are not corrected after the expiration of said ten-day period, the Planning
Board may cause a notice, in writing, to be served upon the holder of said
permit or the person in charge of such trailer or mobile home court, requiring
the holder of the permit to appear before the Planning Board of the Town of
Highlands at a time to be specified in such notice and show cause why such
trailer court permit or mobile home court permit shall not be revoked. The
Planning Board may, after a hearing at which testimony of witnesses may be
taken and the holder of a permit heard, if he desires to be heard or produce
witnesses, revoke such permit if the Planning Board shall find that said court
is not being maintained in a clean, safe and sanitary condition or if it finds
that any provisions of this chapter have been violated. Upon the revocation
permit, the premises shall forthwith cease to be used for the purposes of
a trailer court or mobile home court, and all house or mobile home trailers
shall forthwith be removed therefrom.
Each year on December 1, the owner or holder of a permit for a trailer or mobile home court hereunder shall submit to the Town Clerk a statement of the status of his permit. Such statement shall describe in detail any changes in the layout or plan of the trailer or mobile home court and shall be accompanied by a plan as provided for in §
130-4 herein showing such change of plan or layout. In addition, if the holder of the permit is a lessee of the premises used for such trailer or mobile home court, he shall describe in detail any changes in his leasing agreement and accompany the same with a copy of the new lease. If ownership of such premises has changed, the statement shall contain the names and addresses of the new owners thereof and shall be accompanied by a statement signed by such new owners consenting to the use of said premises as a trailer or mobile home court. In the event that there has been no change in the layout or plan of the trailer or mobile home court or no change in the leasing agreement, then the owner or holder of said permit shall so certify in the status of permit statement. Every status of permit statement shall be accompanied by the same fee provided in §
130-4D of this chapter covering the original issuance of such permit. In the event that such status of permit statement is not filed on or before December 31 of each year, then the permit heretofore issued hereunder shall be deemed expired and upon written notification of such expiration by the Town Clerk such permit shall be forthwith surrendered to the Town Clerk for cancellation.
This chapter shall apply to all existing trailer or mobile home courts
in the Town of Highlands from the date of the adoption of this chapter except
as specifically set forth herein.
A. The owner or operator of any existing trailer or mobile home court shall have 60 days after this trailer chapter becomes effective to make an application for a permit to operate such court. Such application shall contain the information required by §
130-4A and shall be accompanied by the fee set forth in §
130-4D. The plans, however, for such existing court need not be drawn by a registered architect or licensed professional engineer, provided that they are drawn to scale in a neat draftsmanlike manner and show the boundaries of the court and location and size of the existing units. Upon approval of such permit and the payment of the fee thereof, the Town Clerk therewith shall issue a permit to operate such court.
B. Any additions, extensions or enlargements of existing courts shall comply with all the provisions of this chapter. Applications for permits to construct such additions, extensions or enlargements shall be made as provided in §
130-4.
[Amended 4-14-1970]
If any authorized representative of the Town of Highlands finds that
any house trailer or mobile home outside a trailer or mobile home court is
not being maintained in a clean and sanitary condition or is not being maintained
in accordance with the provisions of this chapter or is being maintained in
violation of the terms and conditions imposed by the Planning Board hereafter,
such facts shall thereupon be reported to the Planning Board and said Planning
Board may direct the Town Clerk to serve an order, in writing, upon the holder
of a permit and/or the owner of a house trailer and/or the owner of the premises,
directing that the condition therein specified be remedied within 10 days
after the date of service of such order. If such conditions are not corrected
after the expiration of said 10 days, the Planning Board may remove said house
trailer or mobile home forthwith from the premises.
The provisions of §
130-8B of this chapter shall apply only to house trailers or mobile homes parked or placed outside a licensed trailer or mobile home court on or after the effective date of this chapter. House trailers or mobile homes parked outside of a duly licensed trailer or mobile home court prior to the effective date of this chapter and occupied as a dwelling may remain in the position or place in which they are then parked, subject to the existing ordinances of the Town of Highlands; provided, however, that no such house trailer or mobile home shall be moved to a new location in the Town of Highlands, except in compliance with the provisions of this chapter, and provided also that any owner or lessee of a house trailer or mobile home presently parked outside a licensed trailer or mobile home court may replace the same with a new or different mobile home or house trailer located upon the same plot of ground and in the same location. The owner of an existing house trailer or mobile home replacing the same with a new house trailer or mobile home shall file a plot plan with the Town Building Inspector showing the dimensions of the new trailer or mobile home and its location upon the building lot.
Any person who violates any provision of this chapter shall be guilty
of an offense punishable by a fine of not more than $250 and not more than
15 days' imprisonment, or both. The application of the above penalty
or penalties or the prosecution for the violation of the provisions of this
chapter shall not be deemed to prevent the revocation of any permit issued
pursuant thereto or the enforcement removal of conditions prohibited by this
chapter.
The issuance of a trailer or mobile home court permit pursuant to the
provisions of this chapter shall not be deemed to waive compliance by the
holder thereof, by the property owner, or by any occupant of said court with
any statute of the State of New York or ordinance or local law or health regulation
of the Town of Highlands, or regulation of the New York State Health Department
or the Orange County Health Department.