Whenever used in this chapter, unless a different meaning appears
from the context, the following terms shall have the meanings indicated:
LICENSEE
Any person licensed to operate and maintain a mobile home
park under this chapter.
MOBILE HOME
That 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, except that a house trailer
is not deemed a mobile home if the assessable value of such additions,
attachments, annexes, foundations and appurtenances equals or exceeds
50% of the assessable value of the house trailer.
MOBILE HOME PARK
Any plot or plots of ground upon which two or more units,
occupied for dwelling or sleeping purposes, are located, regardless
of whether or not a charge is made for such accommodation.
NONDEPENDENT MOBILE HOME
A mobile home equipped with complete bath and toilet facilities,
all furniture, cooking, heating, appliances and complete year-round
facilities.
PERSON
Includes an individual, partnership, firm, company, or corporation,
whether tenant, owner, lessee, or licensee, or his or its agent, heir
or assign.
SPACE
A plot of ground within a mobile home park of not less than
1,000 square feet, designed for the accommodation of one auto and/or
one mobile home unit.
No mobile home park license or permit for location outside of
a licensed mobile home park shall be issued until the City Clerk-Treasurer
shall notify the Chief of Police, Health Officer, Chief of the Fire
Department, and Building Inspector or their authorized agents of such
application, and these officials shall inspect or cause to be inspected
each application and the premises to determine whether the applicant
and the premises on which mobile homes will be located comply with
the regulations, ordinances and laws applicable thereto. These officials
shall furnish to the Common Council in writing the information derived
from such investigation and a statement as to whether the applicant
and the premises meet the requirements of the department for which
the officer is certifying. No license shall be renewed without a reinspection
of the premises. For the purpose of making inspections and securing
enforcement, such officials or their authorized agents shall have
the right and are hereby empowered to enter on any premises on which
a mobile home is located, or about to be located, and to inspect the
same and all accommodations connected therewith at any reasonable
time.
It shall be unlawful for any person to occupy any mobile home within the City of Arcadia for more than 90 days in each twelve-month period, except as provided in §
265-4 of this chapter, and except that upon a showing and proof that there exists in the community a shortage of adequate housing facilities additional stays of 60 days may be granted as an emergency provision, provided that this time limitation shall not apply to the licensee of a mobile home park or his bona fide employees so as to prevent their remaining on the park premises at all times.
All plumbing, electrical, building and other work on or at any
mobile home park licensed under this chapter shall be in accordance
with the ordinances of the City of Arcadia and the requirements of
the State Plumbing, Electrical and Building Codes and the regulations
of the State Department of Safety and Professional Services. 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.
[Amended 10-8-1998 by Ord. No. 122B]
A. The owner of each mobile home occupying a space or lot in a park
in the City, except mobile homes that constitute improvement to real
property under § 70.043(1), Wis. Stats., and recreational
mobile homes and camping trailers as defined in § 70.111(19),
Wis. Stats., shall pay to the mobile home park operator, as the City's
collection agent, a monthly parking permit fee computed as follows:
on January 1, the Assessor shall determine the total fair market value
of each mobile home in the City subject to the monthly parking permit
fee. The fair market value, minus the tax-exempt household furnishings
thus established, shall be equated to the general level of assessment
for the prior year on the other real and personal property in the
district. The value of each mobile home thus determined 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 a mobile home moving
into the City any time during the year. The park operator shall furnish
information to the City Clerk-Treasurer and Assessor on mobile homes
added to the park within five days after the arrival, on forms prescribed
by the Department of Revenue. As soon as the Assessor receives the
notice of an addition of a mobile home to a park, the Assessor shall
determine its fair market value and notify the Clerk-Treasurer of
that determination. The Clerk-Treasurer shall equate the fair market
value established by the Assessor and shall apply the appropriate
tax rate, 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.
(1) Liability
for payment of the fee shall begin on the first day of the next succeeding
month and shall remain on the mobile home only for such months as
the mobile home remains in the City. A new fee and new valuation shall
be established each January and shall continue for that calendar year.
The valuation established shall be subject to review as other values
established under Ch. 70, Wis. Stats. If the Board of Review reduces
a valuation on which previous monthly payments have been made the
tax district shall refund past excess fee payments. No such fee shall
be imposed for any space occupied by a mobile home accompanied by
an automobile for an accumulation period not to exceed 60 days in
any 12 months if the occupants of the mobile home are tourists or
vacationists. Exemption certificates in duplicate shall be accepted
by the Clerk-Treasurer from qualified tourists or vacationists in
lieu of monthly mobile home parking permit fees.
(2) The
credit under § 79.10(9)(bm), Wis. Stats., as it applies
to the principal dwelling on a parcel of taxable property of an owner,
shall apply to the estimated fair market value of a mobile home that
is the principal dwelling of the owner. The owner of the mobile home
shall file a claim for the credit with the Clerk-Treasurer no later
than January 31. To obtain the credit under § 79.10(9)(bm),
Wis. Stats., the owner shall attest on the claim that the mobile home
is the owner's principal dwelling, as defined in § 79.10(1)(dm),
Wis. Stats. The Clerk-Treasurer shall reduce the owner's parking permit
fee by the amount of any allowable credit. The Clerk-Treasurer shall
furnish notice of all claims for credits under this subsection to
the Department of Revenue as provided under § 79.10(1m),
Wis. Stats.
B. The mobile home park operator shall collect the monthly parking permit
fee from the mobile home owner. The monthly parking permit fee shall
be paid by the mobile home park operator to the City on or before
the 10th day of the month following the month for which such parking
permit fee is due. The operator shall be liable for the monthly parking
permit fee for any mobile home occupying space in the park as well
as the owner and occupant thereof.
C. If a mobile home is permitted by local ordinance to be located outside of a licensed park, the monthly parking permit fee shall be paid by the owner of the land on which it stands, and the owner of such land shall be required to comply with the reporting requirements of Subsection
A. The owner of the land may collect the fee from the owner of mobile home and, on or before January 10 and on or before July 10, shall transmit to the City Clerk-Treasurer all fees owed for the six months ending on the last day of the month preceding the month when the transmission is required.
D. Failure to pay timely the monthly mobile home parking permit fees
hereunder shall be treated in all respects like default in payment
of personal property tax and shall be subject to all procedures and
penalties applicable thereto under Chs. 70 and 74, Wis. Stats.
E. Each operator shall pay to the City a forfeiture of up to $25 for failing to comply the reporting requirements of Subsection
A or
C. Each failure shall be regarded as a separate offense.
F. A park operator may deduct and retain 2% of the monthly mobile home
parking permit fees collected from the monthly mobile home parking
permit fees collected to defray the park operator's administrative
expenses for collecting the fees.
G. Distribution of fees. The City may retain 10% of the monthly parking
permit fees collected in each month, without reduction for any amounts
deducted and retained by the mobile home park operator, to cover the
cost of administration. The City shall pay to the Arcadia School District,
within 20 days after the end of each month, such proportion of the
remainder of 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 City.
The Common Council is hereby authorized to revoke any license
or permit issued pursuant to the terms of this chapter in accordance
with § 66.0435, Wis. Stats.
Any person violating any provision of this chapter shall, upon conviction thereof, forfeit not less than $10 nor more than $100 and the costs of prosecution and in default of payment of such forfeiture and costs shall be imprisoned in the county jail until payment of such forfeiture and the costs of prosecution, but not exceeding 30 days for each violation, provided that the forfeiture for violation of §
265-15A and
C shall not exceed $25. Each day of violation shall constitute a separate offense.
All ordinances or parts of ordinances inconsistent with or contrary
hereto are hereby repealed, except that nothing in this chapter shall
be interpreted so as to conflict with state laws or orders regulating
mobile homes or mobile home parks or any of the requirements of any
ordinances of the City of Arcadia not mentioned or made inapplicable
by the express terms of this chapter.