It is the purpose of this chapter to promote the health, safety,
morals and general welfare of the inhabitants of the Town of Kingsbury
by establishing specific minimum requirements and regulations governing
the occupancy and maintenance of mobile homes, mobile home parks,
travel trailers and travel trailer camps.
COUNTY
The County of Washington.
FARM
Land used in agricultural production, of not less than 10
acres, used in the preceding two years for the production for sale
of crops, livestock and livestock products of an average gross sales
value of $10,000 or more.
FARMWORKER
One who is employed on a farm for a minimum of 20 hours per
week.
INSPECTOR
The person or persons appointed by the Kingsbury Town Board
to enforce the provisions of this chapter.
MANUFACTURED HOME
A structure transportable in two or more sections that in
the traveling mode is eight feet or more in width or 40 feet or more
in length or when erected on the site is 320 square feet minimum and
that was built on or after June 15, 1976, on a permanent chassis and
designed to be used as a dwelling with or without a permanent foundation
when connected to the required utilities and including plumbing, heating,
air conditioning, and electrical systems contained therein. The term
"manufactured home" shall also include any structure that meets all
the requirements of this definition except the size requirements with
respect to which the manufacturer voluntarily files a certification
required by the Federal Department of Housing and Urban Development
and complies with the standards established by the National Manufactured
Housing Construction and Safety Act of 1974, as amended. The term
"manufactured home" shall not include any self-propelled recreational
vehicles.
[Added 2-25-2013 by L.L. No. 1-2013]
MOBILE HOME
A movable or portable dwelling unit that was built prior
to June 15, 1976, and designed and constructed to be towed on its
chassis, comprised of frame and wheels connected to utilities, and
designed and constructed without a permanent foundation for year-round
living, excluding travel trailers. The definition of mobile homes
shall apply to all single-section manufactured homes.
[Amended 9-12-1988 by L.L. No. 5-1988; 2-25-2013 by L.L. No. 1-2013]
MOBILE HOME LOT
A designated site of specific total land area within a mobile
home park for the accommodation of one mobile home and its occupants.
MOBILE HOME PARK
Any parcel of land whereon two or more mobile homes are parked
or located or which is planned and improved for the placement of two
or more mobile homes and which is held open to the public for the
parking or placement of mobile homes.
OWNER
Any company, corporation or individual who has record title
of all or any portion of proposed park.
TOWN
The Town of Kingsbury.
TRAILER CAMP
Any parcel of land whereon two or more travel trailers are
parked or located, or which is planned and improved for the placement
of two or more travel trailers and which is held open to the public
for the parking or placement of travel trailers.
TRAVEL TRAILER
Any vehicle designed or used or intended to be used for temporary
living quarters for travel, recreational or vacation purposes.
No person, partnership, association or corporation being the
owner, lessee or occupant of any land within the Town of Kingsbury
shall use or allow the use of such land for a mobile home park or
trailer camp unless a license therefor has been obtained as herein
provided.
No travel trailer used as a permanent residence shall hereafter
be parked or otherwise placed within the Town unless such travel trailer
is parked or placed in a duly licensed trailer camp.
The Inspector of the Town of Kingsbury, shall enforce all of
the provisions of this chapter.
If a police officer, the Inspector or any authorized representative
of the Town finds that any mobile home outside a mobile home camp
is not being maintained in a clean and sanitary condition or is not
being maintained in accordance with the provisions of this chapter,
or that the fee provided for in this chapter has not been paid, such
facts shall thereupon be reported to the Town Board, and the said
Town Board may direct the Town Clerk to serve an order in writing
upon the holder of the license, the owner of the mobile home or the
owner of the premises on which it is located, or any or all thereof,
directing that the condition therein specified be remedied within
five days after the date of service of such order. If such conditions
are not corrected, after the expiration of said five-day period, the
Town Board may cause a notice in writing to be served upon the person
or persons upon whom such order was served requiring the appearance
of the person so served before the Town Board at a time to be specified
in such notice and show cause why such license should not be revoked.
The Town Board may, after a hearing at which testimony of witnesses
may be taken and the person or persons so served shall be heard, revoke
such license if the Town Board shall find that the said mobile home
is not being maintained in a clean and sanitary condition or if they
find that any provision of this chapter has been violated or that
any fee provided in this chapter has not been paid or for any other
sufficient cause. Upon the revocation of such license, the said mobile
home shall be removed forthwith from the premises.
[Amended 5-9-1983 by Ord. No. 952]
Any person who violates any provisions of this chapter shall
be guilty of a violation against such chapter punishable by a fine
of not more than $250 and not more than 15 days imprisonment. In addition,
the violation of this chapter or any of the provisions thereof shall
subject the person, firm or corporation violating the same to a civil
penalty in the sum of $50 and when a violation of this chapter or
any of the provisions thereof is continuous each 24 hours thereof
shall constitute a separate and distinct violation, said penalty to
be recovered by the Town of Kingsbury in a civil action. 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 license issued pursuant thereto or the enforced
removal of conditions prohibited by this chapter.
The issuance of any license pursuant to the provisions of the
chapter shall not be deemed to waive compliance by any person with
any statute of the State of New York or law, ordinance or health regulation
of the Town or of the county.
None of the provisions of this chapter shall be applicable to
the following:
A. The storage or garaging of travel trailers, not being used for living
or sleeping purposes, within a building or structure or to the storage
of one unoccupied travel trailer on premises occupied as the principal
residence of the owner of such travel trailer; provided, however,
that such unoccupied travel trailer shall not be parked or located
between the street line and the front building line of such premises.
B. A mobile home or travel trailer located on the site of a construction
project, survey project or other similar work project and which is
used solely as a field office or work or tool house in connection
with such project, provided that such mobile home or travel trailer
is removed from such site within 30 days after the completion of such
project.
C. A sectional house which is prefabricated in sections, transported
to the building site then fastened together and placed on a permanent
and totally enclosed masonry foundation and contains a minimum of
800 square feet of usable living space.
Where there are practical, difficult or unnecessary hardships
in the way of carrying out the strict letter of provisions of this
chapter, the Town Board, after review and recommendation by the Planning
Board, shall have the power in a specific case to vary any such provisions
in harmony with the general purpose and intent of this code, so that
the public health, safety and general welfare may be secured and substantial
justice done.
After consideration of any application's potential impact
upon the health, safety and welfare of the Town, the Planning Board
and/or the Zoning Board of Appeals may impose reasonable conditions
upon the issuance of any special permit within the scope of this chapter.