Shall be as defined in article 14.04, as it may be amended.
Shall be as defined in article 3.09 of this chapter, as it may be amended.
(Ordinance 705-01 adopted 5/21/01)
(a)
It
shall be unlawful for any person to park, place, or locate or allow
to be parked, placed or located a recreational vehicle or HUD-code
manufactured home within the city except in an approved HUD-code manufactured
home park or recreational vehicle park, unless a temporary use permit
has been issued by city council or as otherwise excepted and provided
herein.
(b)
Allegation
and evidence of a culpable mental state is not required for the proof
of an offense defined by this article.
(c)
It
shall be a rebuttable presumption that the registered owner of the
recreational vehicle parked said vehicle.
(Ordinance 705-01 adopted 5/21/01)
The provisions of section 3.10.002 shall not apply to the following:
(1)
A
recreational vehicle parked upon a lot where recreational vehicles
are sold and where no person occupies such a recreational vehicle
as a dwelling or sleeping place.
(2)
A
recreational vehicle temporarily parked upon a lot as an office or
display unit and where no person occupies such recreational vehicle
as a dwelling or sleeping place.
(3)
A
recreational vehicle temporarily parked upon a lot or tract of land
and used to provide shelter or temporary living quarters for a guard,
watchman, supervisor or construction worker of a public or private
construction project, upon issuance of a temporary use permit by the
city council.
(4)
A
recreational vehicle parked upon privately owned residential property
in accordance with any applicable zoning, subdivision or parking regulations;
provided, however, in no event shall such recreational vehicle be
utilized as a temporary dwelling unit, or connected to public or private
utilities, such as water, wells, sanitary sewer, wastewater, septic
or electricity.
(Ordinance 705-01 adopted 5/21/01)
(a)
Contents; transferability.
The permit shall be specific
to the person named in the application for the permit and shall not
be transferred without the prior written consent of the city through
the issuance of a new permit
(b)
Application requirements.
All applications for permits
shall be made upon standard forms provided by the city secretary and
shall contain the following:
(1)
Name and address of the applicant.
(2)
Location and legal description of the property where the recreational
vehicle or HUD-code manufactured home will be located.
(3)
Number of recreational vehicles or HUD-code manufactured home to
be located on property with license plate numbers, names and addresses
of registered owners.
(4)
Number of persons to be temporarily housed per vehicle.
(5)
Requested duration of temporary use permit with a stated rationale.
(c)
Permit fee.
All applications to the city secretary shall be accompanied by a fee as set forth in the fee schedule found in appendix A to this code.
(d)
Issuance of permit.
In considering the application,
the city manager may take into account the proposed location of the
temporary use in relation to the present and anticipated land use
and development surrounding the property. After review of the application
and, upon determining that the application complies with this article
and other applicable laws, codes and regulations, the permit shall
be issued. The temporary use permit shall in no event be issued for
more than one (1) year. The permit shall be issued for the number
of and specific vehicles listed in the application; provided, however,
the vehicles may be exchanged with other vehicles, provided the number
of vehicles covered by the permit shall not be increased. If the vehicles
are exchanged, the license plates, names and addresses of the registered
owners shall be submitted to the city secretary, prior to the parking
of said vehicles.
(e)
Duration of permit.
Such temporary use permit may only
be valid for the duration of the temporary purpose and must be removed
within twenty-four (24) hours of the completion of the temporary purpose,
such as a construction project. The city manager shall determine the
duration of the temporary use permit based upon information provided
by the applicant and independent investigation. The duration of the
temporary use permit shall be reasonable.
(Ordinance 705-01 adopted 5/21/01)
The city manager, in his discretion, may deny the issuance of
the temporary use permit. In the event the city receives complaints
from its citizens relative to a nuisance that might be or is created
due to the use of such recreational vehicles or HUD-code manufactured
home as temporary dwellings, the city manager may revoke the temporary
use permit, upon seven (7) days written notice. Appeal of such decision
may be made to city council, upon submission of a notice of appeal
to the city secretary within ten (10) days of receipt of said notification;
otherwise the decision of revocation is final and binding. Notwithstanding
the notice of appeal, the permit shall remain revoked, and the vehicles
removed, until such time as a hearing is held before city council.
Upon revocation, the vehicles may be moved to a location designated
as a recreational vehicle park or HUD-code manufactured home park.
No new application for a permit shall be accepted within one (1) year
of the denial or revocation of a permit unless the denial is without
prejudice to the refiling of same, or the revocation is conditional;
provided, however, that the stated conditions for reapplication have
been satisfied.
(Ordinance 705-01 adopted 5/21/01)
(a)
Any person violating or failing to comply with any provision or requirement of this article, who continues to violate or fail to comply with same after seven (7) days’ written notice is given, shall also be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in accordance with the general penalty provision found in section 1.01.009, such offenses being violations of the health, safety and zoning ordinances of the city. A separate offense shall be deemed committed upon each day during or on which a violation or failure to comply occurs or continues to occur.
(b)
In
addition to any other remedies or penalties contained herein, the
city may enforce the provisions of this article pursuant to the applicable
provisions of chapter 54 of the Texas Local Government Code, which
chapter provides for the enforcement of municipal ordinances.
(Ordinance 705-01 adopted 5/21/01)
