The purpose of this chapter is to enforce minimum standards
for mobile home communities, mobile homes and manufactured homes to
promote the public health, safety and welfare; establish requirements
for the design, construction, alteration, extension and maintenance
of mobile home communities and related utilities and facilities; authorize
the issuance of permits for construction, alteration and extension
of mobile home communities; authorize the inspection of mobile home
communities; regulate the location of mobile homes and manufactured
homes and fix penalties for violations; assure the provision of fire
and other emergency services; and assure the proper assessment and
taxation of an assessment of fees upon property within the Town.
The following words, terms, and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
COMMUNITY
A manufactured and mobile home community.
LICENSEE
Any person licensed to operate and maintain a manufactured
and mobile home community under this chapter.
MANUFACTURED AND MOBILE HOME COMMUNITY
Any plot or plots of ground upon which three or more manufactured
homes or mobile homes, occupied for dwelling or sleeping purposes,
are located, regardless of whether a charge is made for the accommodation.
MANUFACTURED HOME
A structure which has been certified and labeled as a manufactured
home under 42 U.S.C. §§ 5401 to 5426, or which has
been certified and labeled as a manufactured home under §§ 101.91
to 101.96, Wis. Stats., and Ch. COMM 26 of the Wis. Adm. Code; and:
A.
Is designed to be used as a dwelling; and
B.
When placed on-site:
(2)
Is properly connected to utilities; and
(3)
Is installed in accordance with the manufacturer's instructions
or a plan certified by a registered architect or engineer so as to
insure proper support for the home; and
(4)
Has no tow bars or wheels attached to it.
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No manufactured home which bears a label certifying approval
under 42 U.S.C. §§ 5401 to 5426 or which has been certified
and labeled as a manufactured home under §§ 101.91
to 101.96, Wis. Stats., shall be required to comply with any building,
plumbing, heating or electrical code or any construction standards
other than those promulgated under those laws. In all other respects,
manufactured homes are subject to the same standards as site-built
homes.
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MOBILE HOME
A vehicle manufactured or assembled before June 15, 1976,
designed to be towed as a single unit or in sections on a highway
by a motor vehicle and equipped and used or intended to be used primarily
for human habitation, with walls of rigid uncollapsible construction;
which has an overall length in excess of 45 feet. Includes the mobile
home structure, its plumbing, heating, air conditioning and electrical
systems, and all appliances and all other equipment carrying a manufacturer's
warranty. Within a mobile home community, "mobile home" includes a
structure which has been certified and labeled as a manufactured home
as defined under this chapter.
PERSON
Any natural individual, firm, trust, partnership, association,
corporation, or limited liability company.
UNIT
A single manufactured or mobile home.
[Amended 11-10-2016 by Res. No. 2016-05]
Accompanying and to be filed with an original application for
a mobile home community shall be plans and specifications which shall
be in compliance with all county and Town ordinances and provisions
of the State Board of Health. The Administrator of the Town of Buchanan,
after approval of the application by the Town Board and upon completion
of the work according to the plans, shall issue the license.
For the protection and promotion of the public health, morals
and welfare of the Town of Buchanan and to provide for intelligent
planning for the Town of Buchanan, there is hereby imposed a limitation
of not less than 20 acres for each mobile home community located in
the Town of Buchanan. Mobile home communities shall only be located
in the AGD General Agriculture District.
All plumbing, electrical, building and other work done on or
at any community licensed under this chapter shall be in accordance
with the ordinances of the Town of Buchanan, and the requirements
of the state plumbing, electrical and building codes and the regulations of the State Board of Health. Licenses
and permits granted under this chapter grant no right to erect or
repair any structure, to do any plumbing work or to do any electrical
work.
The Town Board is hereby authorized to revoke or suspend any
license or permit issued pursuant to the terms of this chapter.
Any person, partnership, corporation, or other legal entity
that fails to comply with the provisions of this chapter shall, upon
conviction, pay a forfeiture of not less than $100 nor more than $1,000,
plus the applicable surcharges, assessments, and costs for each violation.
Each day a violation exists or continues constitutes a separate offense
under this chapter. In addition, the Town Board may seek injunctive
relief from a court of record to enjoin further violations.