[HISTORY: Adopted by the Village Board of the Village of Kronenwetter 4-12-2004 as Ch. 54 of the 2004 Code. Amendments noted where applicable.]
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:
- ACCESSORY BUILDING
- All structures constructed upon a mobile home space and used in conjunction with a mobile home.
- DEPENDENT MOBILE HOME
- A housing unit that does not have bathroom facilities and depends on locally provided bathroom facilities for such needs.
- LICENSEE AND PARK OPERATOR
- Any person licensed to operate and maintain a mobile home park under this chapter.
- LICENSING AUTHORITY
- The Village for mobile home parks located in the Village.
- MANUFACTURED HOME
- Has the meaning set forth in Wis. Stats. § 101.91, which definition is incorporated into this chapter by reference as though set forth in full.
- MANUFACTURED HOME PARK
- Has the meaning set forth in Wis. Stats. § 101.91, which definition is incorporated into this chapter by reference as though set forth in full.
- MOBILE HOME OR HOUSING
- A housing unit which is, or was, as originally constructed, designed to be transported by any motor vehicle upon a public highway and designed, equipped, and used primarily for sleeping, eating and living quarters, or is intended to be so used; and includes any additions, attachments, annexes, foundations and appurtenances.
- NONDEPENDENT MOBILE HOME
- A housing unit that is completely equipped with both shower or bath and toilet facilities. While such unit may have a holding tank or depend on sewer, water and electrical services at the site, it does not depend on a service building for bathroom facilities.
- A concrete slab or its equivalent as determined by the Building Inspector/Zoning Administrator and constructed on the mobile home space for the purpose of accommodating water and sanitary connections for a mobile home.
- PARK AND MOBILE HOME PARK
- Any park, court, camp, site, lot, parcel or tract of land designed, maintained, intended or used for the purpose of supplying a location or accommodations for two or more units occupied for dwelling or sleeping purposes, regardless of whether a charge is made for the accommodation, and includes all facilities used or intended for use as part of the equipment thereof. The term "mobile home park" shall not include automobile or mobile home sales lots on which unoccupied mobile homes are parked for purposes of inspection and sale.
- Includes an individual, partnership, firm, company, corporation, whether tenant, owner, lessee, licensee or other agent, heir or assign.
- A plot of ground within a mobile home park designed for the placement of one mobile or manufactured housing unit.
- One mobile or manufactured housing unit.
It shall be unlawful for any person to maintain or operate within the Village any mobile home park unless such person shall first obtain from the Village a mobile home park license. If the park is a manufactured home park, Wis. Stats. § 101.935 also requires a permit be issued by the State Department of Safety and Professional Services or its agent.
In order to protect and promote the public health, morals and welfare and to equitably defray the cost of municipal and educational services required by persons and families using or occupying mobile homes or mobile home parks for living, dwelling or sleeping purposes, the Village establishes reasonable standards and regulations for every mobile home and mobile home park and shall require an annual license fee to operate the same and levy and collect special assessments to defray the cost of municipal and educational services furnished to such mobile home park. The Village may limit the number of units or mobile homes that may be parked or kept in any mobile home park, and limit the number of licenses for mobile home parks in any common school district, if the mobile housing development would cause the school costs to increase above the state average or if an exceedingly difficult or impossible situation exists with regard to providing adequate and proper sewage disposal in the particular area. The power conferred on the Village by this chapter is in addition to all other grants and shall be deemed limited only by the express language of this section.
Any license granted under the provisions of this chapter shall be subject to revocation or suspension for cause by the Village upon complaint filed with the Village Clerk signed by any law enforcement officer, Health Officer or Building Inspector, after a public hearing upon such complaints, provided that the holder of such license shall be given 10 days' notice, in writing, of such hearing and shall be entitled to appear and be heard as to why such license shall not be revoked. Any holder of a license which is revoked or suspended by the Board may within 20 days of the date of such revocation or suspension appeal therefrom to the Circuit Court of the county in which the mobile home park is located by filing a written notice of appeal with the Village Clerk, together with a bond executed to the governing municipality, the sum of $500 with two sureties or a bonding company approved by the Village, conditioned for the faithful prosecution of such appeal and payment of costs adjudged against him or her.
The application for a license or a renewal thereof shall be made on forms furnished by the Village Clerk and shall include the name and address of the owner in fee of the tract if the fee is vested in some person other than the applicant, a duly verified statement by that person that the applicant is authorized by him or her to construct and/or maintain the mobile home park and make the application, and such legal description of the premises upon which the mobile home park is or will be located as will readily identify and definitely locate the premises. The initial application for an existing, new or revised mobile home park shall be accompanied by five copies of the park plan showing the following, either existing or as proposed:
The extent and area for park purposes.
Roadways and driveways.
Location and designation of dependent and independent mobile home spaces.
Location of any service buildings indicating the number of sanitary conveniences, including toilets, washrooms, laundries and utility rooms, to be used by occupants of the mobile home park; however, any mobile housing development harboring only nondependent mobile homes shall not be required to provide a service building.
Complete layout of storm, sanitary and water systems for the service building and spaces and certification that the park is properly graded to ensure rapid drainage and is free from stagnant pools of water.
Method and plan of garbage removal.
Plans and specifications in compliance with all applicable Village ordinances, including zoning provisions and rules and provisions of the regulations of the State Department of Safety and Professional Services or its agents.
In no case shall a license be issued for a mobile home park where private or municipal sanitary facilities are not available.
Upon application by any licensee, after approval by the Board and upon payment of the annual license fee, the Clerk shall issue a certificate renewing the license for another year, unless sooner revoked. The application for renewal shall be in writing, signed by the applicant on forms furnished by the Clerk.
Upon application for a transfer of license, the Clerk, after approval of the application by the Board, shall issue a transfer upon payment of the required fee as set from time to time by the Village Board.
The annual license fee shall be as set from time to time by the Village Board for each 50 spaces or fraction thereof within each mobile home park within its limits, except that, where the park lies in more than one municipality, the amount of the license fee shall be such fraction thereof as the number of spaces in the park in the Village bears to the entire number of spaces in the park.
In addition to the license fee provided in Subsection A of this section, each mobile home occupying space or lots in a mobile home park shall pay a monthly parking permit fee, except the following shall not be subject to this monthly parking permit fee:
Mobile homes that constitute improvements to real estate under Wis. Stats. § 70.043(1);
Recreational mobile homes and camping trailers as defined in Wis. Stats. § 70.111(19);
Mobile homes located in campgrounds licensed under Wis. Stats. § 254.47; and
Mobile homes outside mobile home parks where the principal residence of the owner of the mobile home is located, regardless of whether the mobile home is occupied during all or part of any calendar year.
The monthly parking permit fee shall be computed and administered as follows:
On January 1 of each year, the Village Assessor shall determine the total fair market value of each mobile home in the Village subject to the monthly parking fee.
The fair market value minus the tax exempt household furnishings thus established shall be equated to the general level of assessment on other real and personal property in the Village.
The value of each mobile home shall be multiplied by the general property gross tax rate, less any credit for the property tax relief credit, established on the preceding year's assessment of general property.
The total annual parking permit fee thus computed shall be divided by 12 and shall represent the monthly mobile home parking permit fee.
The fee shall be applicable to the mobile homes moving into the Village any time during the year. The mobile home park operator shall furnish information to the Village Clerk and Village Assessor on mobile homes added to any mobile home park within five days after their arrival, on forms prescribed by the Department of Revenue. As soon as the Village Assessor receives the notice of an addition of an occupied home to the park, the Village Assessor shall determine its fair market value and notify the Village Clerk of that determination. The Village Clerk shall equate the fair market value established by the Assessor and shall apply the tax rate for that year, divide the annual parking permit fee thus determined by 12 and notify the mobile home owner of the monthly fee to be collected from the mobile home owner. Liability for payment of the fees shall begin on the first day on the next succeeding month and shall remain on the mobile home only for such months as the mobile home remains in the Village.
A new fee rate and a new valuation shall be established each January and shall continue for that calendar year.
The valuation established shall be subject to review as are other values established under Wis. Stats. Ch. 70. If the Board of Review reduces a valuation on which previous monthly payments have been made, the Village shall refund past excess fee payments.
The monthly parking permit fees shall be paid by the mobile home owner to the mobile home park operator, who in turn will pay the Village Treasurer on or before the 10th of the month following the month for which such parking permit fee is due.
A mobile home park operator who collects monthly parking permit fees may deduct and retain 2% of the monthly fees collected for administrative expenses.
The mobile home park operator shall be liable for the monthly parking permit fee for any mobile home occupying space therein, as well as the owner of the mobile home or occupant of the mobile home.
No monthly parking permit fee shall be imposed for any space occupied by a mobile home accompanied by an automobile for an accumulating period not to exceed 60 days in any 12 months if the occupants of the mobile home are tourists or vacationists. Exemption certificates and duplicates shall be accepted by the Treasurer from qualified nonresident tourist or vacationist in lieu of monthly mobile home parking permit fees.
The lottery credit under Wis. Stats. § 79.10(9)(bm), for the principal dwelling on a parcel of taxable property, applies to the estimated fair market value of a mobile home that is the principal dwelling of the owner. The procedures set forth in Wis. Stats. § 66.0435 are incorporated in this chapter by reference in order for the owner to obtain the lottery credit.
This section does not apply to mobile home parks owned and operated by any county pursuant to Wis. Stats. § 59.52(16)(b).
The mobile home park operator shall be liable for the monthly parking permit fee, and shall remit to the Village Treasurer on or before the 10th day of each month the monthly parking permit fees upon a form providing the name of the mobile home owner, and the amount of the monthly parking permit fees as determined by the local assessor. The Village Treasurer shall have no responsibility to contact the licensee for payment of the monthly parking permit fee. Any violation of this provision shall subject the licensee to the penalties as provided in Subsection G of this section. Each failure to remit the monthly parking permit fee for each mobile home shall be regarded as a separate offense.
If a mobile home is permitted to be located outside of a licensed park per ordinance, the monthly parking permit fee shall be paid by the owner of the land on which it stands, the same as and in the manner provided for mobile homes located in mobile home parks, and the owner of such land shall be required to comply with the reporting requirements of the mobile home park operator as set forth in Subsection C(5) of this section.
Failure to timely pay the tax under this section shall be treated in all respects like a default in payment of personal property tax and shall be subject to all procedures and penalties applicable under Wis. Stats. Chs. 70 and 74.
Failure to comply with the reporting requirements of this chapter in Subsections C or E of this section shall subject the responsible party to Chapter 1, General Provisions, § 1-2, General penalty, of this Code, except as Wis. Stats. § 66.0435 limits the forfeitures for violations of this chapter to $25, with each failure to report being treated as a separate offense.
The Village shall retain 10% of the monthly parking permit fees collected each month to cover the cost of administration, without any reduction for amounts deducted by mobile home park operators as compensation for their administrative expenses. The Village shall pay the school district in which the park is located, within 20 days after the end of each month, such proportion of the remainder of the fees collected in the preceding month as the ratio of the most recent property tax levy for school purposes bears to the total tax levy for all purposes in the Village. If the mobile home park is located in more than one school district, each district shall receive a share in the proportion that its property tax levy for school purposes bears to the total school tax levy.