[Adopted 10-19-2009 by Ord. No. 703]
The official title of this article is the "Girard Borough Mobile
Home Ordinance."
As used in this article, the following terms shall have the
meanings indicated:
MOBILE HOME
A transportable, single-family dwelling containing a minimum
of 800 square feet of heated living area intended for permanent occupancy,
contained in one unit or in two or more units designed to be joined
into one integral unit capable of again being separated for repeated
towing, which arrives at a site complete and ready for occupancy except
for minor and incidental unpacking and assembly operations and designed
so that it may be used with or without a permanent foundation and
whether or not it is placed on a permanent foundation. A travel trailer
or motorized home, as defined herein, shall be construed as a mobile
home if occupied or connected with utilities.
All mobile homes and use thereof shall comply with the following
requirements:
A. No mobile home shall be installed unless a permit is first obtained.
B. No mobile home shall be installed unless so installed on masonry
or poured concrete footers.
C. Each mobile home must have approved skirting around the entire perimeter
of the dwelling.
D. Each mobile home shall have adequate tie-downs, able to withstand
a wind pressure of 15 pounds per square foot on an exposed vertical
surface. Either over-the-top and/or frame tie-downs shall be used.
The strapping for any over-the-top tie-downs shall be of 4,700 pounds'
tensile strength.
E. Each mobile home must meet Borough setback requirements and shall
not be installed on a lot consisting of less than 1.5 acres of land.
More than one mobile home may be installed on a single lot only if
there is at least 1.5 acres of land for each mobile home so installed.
F. Each mobile home shall be maintained in a state of good repair, suitable
for human habitation.
G. Occupancy prior to issuance of a permit, inspection, and prior approval
shall constitute a violation of this article.
H. A manufactured or mobile home is authorized in the R-1 Zoning District, subject to regulations established in Chapter
425, Zoning, of the Code of the Borough of Girard.
No mobile home, whether installed on a private lot or in a mobile
home park, shall be removed without first obtaining a permit from
the Girard Borough Tax Collector. Such permit shall be issued only
upon payment of taxes assessed against the home and unpaid at the
time the permit is requested.
Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of this article shall,
upon being found liable therefor in a civil enforcement proceeding
commenced by the Borough, pay a judgment of not more than $500, plus
all court costs, including reasonable attorneys' fees, incurred by
the Borough as a result thereof. No judgment shall commence or be
imposed, levied or payable until the date of the determination of
violation by the Magisterial District Judge. If the defendant neither
pays nor timely appeals the judgment, the Borough may enforce the
judgment pursuant to the applicable Rules of Civil Procedure. Each
day that a violation continues shall constitute a separate violation,
unless the Magisterial District Judge determining that there has been
a violation further determines that there was a good faith basis for
the person, partnership or corporation violating this article to have
believed that there was no such violation, in which event there shall
be deemed to have been only one such violation until the fifth day
following the date of the determination of a violation by the Magisterial
District Judge, and thereafter, each day that a violation continues
shall constitute a separate violation. These remedies are in addition
to all other remedies available under law or equity, including, but
in no way limited to, injunctive relief.
[Adopted 10-19-2009 by Ord. No. 705]
This article shall be known as the "Manufactured or Mobile Home
Park Ordinance of Girard Borough."
It shall be unlawful and a violation of this article for any
person to construct, develop, alter or extend any manufactured or
mobile home park in Girard Borough without first obtaining and maintaining
in full force and effect a permit issued by Girard Borough Council
through the administrator in the name of such person for the specific
development, construction, alteration or extension proposed.
A. No permit to develop, construct, alter or extend a manufactured or
mobile home park shall be issued until the applicant first has obtained
all zoning, Construction Code, land development and stormwater management
plan, authority, Health Department and other required approvals and
has either constructed all required improvements or tendered to the
Borough financial security to ensure their proper construction.
B. The application for permit shall be made in writing by the owner
on such form as is adopted by Girard Borough Council and shall be
submitted to the administrator.
C. The application for permit shall be signed by the owner(s) and shall
set forth such information as the Council shall require, this to include,
at a minimum:
(1) Name, address and telephone number of each owner;
(2) Name, address and telephone number of the person who shall operate
the proposed park, if different than the owner;
(3) Street address, Girard Borough index number and Erie County tax index
number for the subject property;
(4) Size in acres of the subject property;
(5) Number of lots proposed within the park;
(6) Name, address and telephone number of applicant's engineer;
(7) The date on which the application for land development for the park
was submitted and/or approved, as is applicable;
(8) Detail as required for land developments and manufactured or mobile home parks under Chapter
370, Subdivision and Land Development;
(9) If not otherwise provided, detail regarding proposed buildings, service
buildings and community service facilities proposed; location, height,
direction and intensity of outdoor lighting; location and size of
all home lots; and location of all screening and detail of height
and materials of construction; and
(10)
A time schedule for development of the park.
D. Upon receipt of an application, supplements and payments of such
fee therefor as is established by the Girard Borough Council, the
administrator shall review the application to determine whether the
proposed park complies with regulations in all applicable ordinances.
If an application complies with all applicable ordinances, the administrator
shall issue a permit to the applicant, which shall be valid for a
term of one year.
(1) No permit shall be issued where the subject land is not authorized under this article or Chapter
425, Zoning, of the Code of the Borough of Girard to be developed and used as a manufactured or mobile home park.
(2) No permit shall be issued until all required land development and/or
subdivision plans have been approved, a stormwater management plan
for the development has been approved and the applicant has either
constructed all required improvements or tendered to Girard Borough
financial security required to ensure their construction.
(3) If the development will involve construction which is subject to
the Uniform Construction Code, the applicant shall be obligated to
apply for and obtain all construction permits required under the ordinance
implementing that code. The permit required under this section is
not intended to pertain to the Construction Code.
(4) If the applicant is unable to complete construction, alteration or
extension of the park by the end of the one-year term of the issued
permit and submits a written request for an extension of such permit,
the Girard Borough Council, upon good cause shown, shall have authority
to extend the term of the permit.
The licensee shall be responsible for complying with all regulations
governing collection and disposition of municipal waste, recyclable
materials and leaf waste within the park as are established by Girard
Borough Council.
Grounds, buildings and structures within the park shall be maintained
free of insects and rodent harborage and infestation. Extermination
methods and other measures to control insects and rodents shall comply
with requirements of all applicable agencies.
Manufactured or mobile home park areas shall be kept free of
litter, rubbish and flammable materials.
Manufactured or mobile home parks and homes within parks shall
at all times comply with all regulations in the International Fire
Prevention Code and other applicable laws and regulations.
The Girard Borough Council is authorized to establish and, in
its discretion, amend fees for permits, licenses, inspections and
other services provided under and pursuant to this article and other
applicable ordinances.
The administrator, the Engineer and/or their designees are authorized
and instructed to conduct such investigations as they deem necessary
and appropriate in consideration of applications for permits and/or
licenses and to ensure compliance with this article and other applicable
ordinances.
In accordance with this article, as stated herein or as may
in the future be amended:
A. Any person who fails to apply for and obtain a permit, license or renewal license required under §§
259-9 and
259-10 of this article shall violate this article and, upon such determination, shall be obligated to pay an administrative fine of $200. If such administrative fine is not paid on or before the date set forth in the enforcement notice, a civil action shall be commenced, and a civil fine of $300 is prescribed upon a finding of violation.
B. Any person who violates any other provision of this article shall
violate this article and, upon such determination, shall be obligated
to pay an administrative fine of $300. If such administrative fine
is not paid on or before the date set forth in the enforcement notice,
a civil action shall be commenced, and a civil fine of $500 is prescribed
upon a finding of violation.
C. Each day a violation of this article occurs shall be deemed a separate
violation and shall subject the violator to a fine or penalty for
each day a violation continues.
D. In the event a violation cited is not remedied and/or the administrative
fine imposed is not paid within 30 days, a person found in a civil
action instituted by the Borough to have violated this article shall
be subject to the civil fines as prescribed in this section for each
violation and for each day such violation(s) continue, plus all costs
and plus all attorneys' fees incurred by the Borough.
E. In the event a person should fail to remedy a violation after receipt
of an enforcement notice, the administrator shall have authority to
issue a cease and desist order, which shall extend to directing that
construction activity or operations cease until such time as the cited
violations have been remedied.
F. Upon repeated violations by the same licensee, the administrator
shall have authority to suspend an issued license for a defined period
of time or to permanently revoke an issued license after prior written
notice setting forth the effective date of such action and any action
said licensee must take to avoid such action.
G. The Borough shall have authority to commence an action in the Court
of Common Pleas of Erie County to enjoin a violation or to secure
other equitable relief (including but not limited to compelling compliance
with regulations). In such event, a person found to have violated
this article shall, in addition to other relief, be obligated to pay
all costs, plus all attorneys' fees, incurred by the Borough.