This chapter shall be known and may be cited as the "Village
of Bear Creek, Wisconsin, Mobile Home Community Ordinance."
A.
The Village Board, hereafter referred to as "governing body of the
Village of Bear Creek, Wisconsin," referred to as the "municipality,"
finds that properly planned and operated mobile home communities (parks):
B.
It is, therefore, declared to be the policy of this Village to eliminate
and prevent health and safety hazards and to promote the economical
and orderly development and utilization of land by providing for the
standards and regulations necessary to accomplish these purposes.
C.
The provisions
of this chapter shall not apply to manufactured homes in the Village.
As used in this chapter, the following terms shall have the
meanings indicated:
Any structural addition to the mobile home, which includes
awnings, cabanas, carports, Florida rooms, porches, ramadas, storage
cabinets and similar appurtenant structures.
A roofed structure erected for permanent use.
Any area or space designed for joint use of tenants occupying
mobile home developments.
The person(s) who owns or has charge, care or control of
the mobile home development.
(Water or sewerage.) A central system which serves all living
units and is not publicly owned.
The number of mobile homes or mobile home stands per gross
acre.
A minor private way used by vehicles and pedestrians on a
mobile home lot or for common access to a small group of lots of common
facilities.
Same as "living unit."
A vested or acquired right to use land, other than as a tenant,
for specific purposes; such right being held by someone other than
the owner who holds title to the land.
The Building Inspector or other authorized representative
of the Village charged with the duty to enforce the provisions of
this chapter.
Living units, dwellings, and/or other structures that shelter
or cover.
A written document issued by the enforcing agency allowing
a person to operate and maintain a mobile home development under the
provisions of this chapter.
A residential unit providing complete, independent living
facilities for one family, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
The total area reserved for exclusive use of the occupants
of a mobile home.
A line bounding the lot as shown on the accepted plot plan.
As defined by § 101.91(2)(am), Wis. Stats.
A mobile home as defined by § 101.91, Wis. Stats.
A mobile home development and related utilities and facilities,
including the mobile home and all of the people living within the
development.
A contiguous parcel of land which has been planned and improved
for the placement of mobile homes. Developments or portions of developments
intended for the sale of individual lots or parcels for the placement
of mobile homes shall not be included within the definition of a mobile
home development and shall not be subject to the provisions of this
chapter, but shall conform to other applicable land use control measures
of the Village.
A parcel of land for the placement of a mobile home and the
exclusive use of its occupants.
That part of an individual mobile home lot which has been
reserved for the placement of a mobile home.
That area of an individual mobile home lot which has been
covered by a mobile home and its accessory structures.
A building, except a mobile home accessory structure.
A written document issued by the enforcing agency permitting
the construction, alteration or expansion of a mobile home development.
Any individual, firm, trust, partnership, public or private
association or corporation.
Any map, plan or chart of a city, town, section or subdivision,
indicating the location and boundaries of individual properties.
A parcel of land consisting of one or more lots or portions
thereof which is described by reference to a recorded plat or metes
and bounds.
The conductors, including the grounding conductors, insulated
from one another, the connectors, attachment plugs, caps and all other
fittings, grommets, or devices installed for the purpose of delivering
energy from the service equipment to the distribution panel within
the mobile home.
A private way which affords principal means of access to
abutting individual mobile home lots and auxiliary buildings.
A plot with any buildings or other improvements located thereon.
A recorded boundary of a plot.
A public way which affords principal means of access to abutting
properties.
(Water or sewerage.) A system which is owned and operated
by a local governmental authority or by an established public utility
company which is adequately controlled by a governmental authority.
Such systems are usually existing systems serving a municipality,
a township, an urban county, or a water or sewer district established
and directly controlled under the laws of a state.
The area, either public or private, over which the right
of passage exists.
A building housing toilet, lavatory and such other facilities
as may be required by this chapter.
The necessary equipment, usually consisting of circuit breaker
or switch and fuses and their accessories, located near the point
of entrance of supply conductors to or in a building or mobile home
and intended to constitute the main control and means of cutoff for
the supply to that mobile home or building.
A connection consisting of all pipes, fittings and appurtenances
from the drain outlet of the mobile home to the inlet of the corresponding
sewer riser pipe of the sewerage system serving the mobile home development.
That portion of the sewer lateral which extends vertically
to the ground elevation and terminates at each mobile home lot.
Indicates that which is required.
Indicates that which is recommended but not required.
A parcel of land consisting of one or more lots or portions
thereof which is described by reference to a recorded plat or by metes
and bounds.
A connection consisting of all pipes, fittings and appurtenances
from the water riser pipe to the water inlet pipe of the distribution
system within the mobile home.
That portion of the water supply system serving the mobile
home development which extends vertically to the ground elevation
and terminates at a designated point at each mobile home lot.
A.
Permit required. It shall be unlawful for any person to construct,
alter or extend any mobile home development within the Village unless
he holds a valid permit issued by the enforcing agency in the name
of such person for the specific construction, alteration or extension
proposed.
B.
Permit applications. All applications for permits shall contain the
following:
(1)
Name and address of the applicant.
(2)
Location and legal description of the mobile home development.
(3)
Complete engineering plans and specifications of the proposed development,
showing but not limited to the following:
(a)
The area and dimensions of the tract of land;
(b)
The number, location, and size of all mobile home lots;
(c)
The location and width of roadways and walkways;
(d)
The location of water and sewer lines and riser pipes;
(e)
Plans and specifications of the water supply and refuse and
sewage disposal facilities;
(f)
Plans and specifications of all buildings constructed or to
be constructed within the mobile home development; and
(g)
The location and details of lighting and electrical systems.
C.
Fee. All applications shall be accompanied by the deposit of a fee
as set forth in the Village Fee Schedule, on file in the Village offices.
D.
Issuance of permit. When, upon review of the application, the Village
Board is satisfied that the proposed plan meets the requirements of
this chapter, a permit shall be issued.
E.
Denial of permit. Any person whose application for a permit under
this chapter has been denied may request and shall be granted a hearing
on the matter before the Village Board and the Building Inspector
under the procedure provided by this chapter.
A.
It shall be unlawful for any person to administer any mobile home
community in the Village unless he holds a valid license issued annually
by the enforcing agency in the name of such person for the specific
mobile home community. All applications for licenses shall be made
to the Building Inspector, who shall issue a license upon compliance
by the applicant with provisions of this chapter and upon the approval
of the Village Board.
B.
Every person holding a license shall give notice, in writing, to
the Building Inspector within 24 hours after having sold, transferred,
given away, or otherwise disposed of interest in or control of any
mobile home community. Such notice shall include the name and address
of the person succeeding to the ownership or control of such mobile
home community. Upon application, in writing, for transfer of the
license and payment of a fee as prescribed by § 66.0435,
Wis. Stats., the license shall be transferred if the mobile home community
is in compliance with the applicable provisions of this chapter.
C.
License application and renewal.
(1)
Applications for original licenses shall be in writing, signed by
the applicant, accompanied by an affidavit of the applicant as to
the truth of the application and by deposit of a fee as set forth
in the Village Fee Schedule, and shall contain the name and address
of the applicant and the location and legal description of the mobile
home community, showing all mobile home stands, structures, roads,
and other service facilities.
(2)
Applications for renewal of licenses shall be made in writing by
the holders of the licenses, shall be accompanied by the deposit of
a fee as set forth in the Village Fee Schedule and shall contain any
change in the information submitted since the original license was
issued or the latest renewal granted.
D.
Any person whose application for a license under this chapter has been denied may request and shall be granted a hearing on the matter before the Village Board under the procedure provided by § 226-7B of this chapter.
E.
Whenever, upon inspection of any mobile home community, the Building Inspector finds that conditions or practices exist which are in violation of this chapter, the Building Inspector shall give notice, in writing, in accordance with § 226-7A to the person to whom the license was issued that, unless such conditions or practices are corrected within a reasonable period of time specified in the notice by the Building Inspector, the license shall be suspended. At the end of such period, the Building Inspector shall reinspect such mobile home community and, if such conditions or practices have not been corrected, shall suspend the license and give notice, in writing, of such suspension to the person to whom the license is issued. Upon receipt of notice of such suspension, such person shall cease administration of such mobile home community except as provided in § 226-7B.
A.
The Building Inspector is hereby authorized and directed to make
such inspections as are necessary to determine satisfactory compliance
with this chapter.
B.
The Building Inspector shall have the power to enter at reasonable
times upon any private or public property for the purpose of inspecting
and investigating conditions relating to the enforcement of this chapter.
C.
The Building Inspector shall have the power to inspect the register
containing a record of all residents of the mobile home community.
D.
It shall be the duty of every resident of a mobile home community
to give the management thereof or his designated agent access to any
part of such mobile home development at reasonable times for the purpose
of making such repairs or alterations as are necessary to effect compliance
with this chapter.
A.
Whenever the Building Inspector determines that there are reasonable
grounds to believe that there has been a violation of any provision
of this chapter, the Building Inspector shall give notice of such
alleged violation to the person to whom the permit or license was
issued, as hereinafter provided. Such notice shall:
(1)
Be in writing;
(2)
Include a statement of the reasons for its issuance;
(3)
Allow a reasonable time for the performance of any act it requires;
(4)
Be served upon the owner or his agent as the case may require, provided
such notice or order shall be deemed to have been properly served
upon such owner or agent when a copy thereof has been sent by registered
mail to his last-known address, or when he has been served with such
notice by any method authorized or required by the laws of this state;
(5)
Contain an outline of remedial action which, if taken, will effect
compliance with the provisions of this chapter.
B.
Any person affected by any notice which has been issued in connection with the enforcement of any provision of this chapter shall take the remedial action required to effect compliance with the provisions of this chapter. In the event that such action is not taken in the period provided for in the notice issued pursuant to Subsection A herein, the license or permit shall be subject to revocation or suspension pursuant to § 66.0435, Wis. Stats. The holder of the license or permit shall be entitled to a public hearing before the Village Board on the issue of revocation or suspension, 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. The holder of such permit or license shall have such rights to appeal revocation or suspension of his permit or license as shall be provided by law.
A.
Where the Building Inspector finds that compliance with provisions
of this chapter would result in undue hardship, an exemption may be
granted by the enforcing agency without impairing the intent and purpose
of this chapter. Deviations from design, construction and installation
provisions shall be brought into compliance within one of two periods
of time: either a period of time hereinafter referred to as a "minimum
period," not to exceed one year, or a period of time hereinafter referred
to as a "maximum period," not to exceed five years. Factors to be
considered in determining the length of time and the given period
in which to correct any deviation in and from standards shall include
but not be limited to the economic feasibility of improvement, nature,
significance and extent of the deviation, depreciation of materials,
improvements, the existing layout, and other similar factors.
B.
Such period shall begin after the Building Inspector has given notice
of a certain and specific deviation from this chapter to the person
to whom the permit or certification was issued.
C.
Gradual improvements to a higher degree of conformity shall be permissive,
provided that there shall be complete conformity at the end of a period
prescribed by the Building Inspector.
Except as otherwise specifically provided for herein, any person who violates any provision of this chapter shall upon conviction be punished as provided in § 1-4, General penalty, of this Code. The imposition of any such fine shall not bar any other relief or penalties otherwise applicable.
A.
Unless located in an approved mobile home community, it shall be
unlawful for any person to park any mobile home or trailer on any
street, alley, or highway, or other public place, or any tract of
land owned by any person, firm or corporation within the Village of
Bear Creek, provided that emergency or temporary stopping or parking
is permitted on any street, alley or highway subject to other and
further prohibitions, regulations or limitations imposed by the traffic
and parking regulations or ordinances of the Village of Bear Creek.
B.
Mobile homes located outside of an approved mobile home community
shall not be used as a permanent place of abode or as a permanent
dwelling or for indefinite periods of time.
