As used in this article:
Building official.
The legally designated building official or his authorized
representative of the city.
HUD-code manufactured home.
A structure constructed on or after June 15, 1976, according
to the rules of the United States Department of Housing and Urban
Development; built on a permanent chassis; designed for use as a dwelling
with or without a permanent foundation when the structure is connected
to the required utilities; transportable in one or more sections;
and in the traveling mode, at least eight body feet in width or at
least 40 body feet in length or, when erected on site, at least 320
square feet. The term includes the plumbing, heating, air conditioning,
and electrical systems of the home; and does not include a recreational
vehicle as defined by 24 C.F.R. section 3282.8(g). A HUD-code manufactured
home is not a mobile home for any purpose under state law.
License.
A written license issued by the building official allowing
a person to operate and maintain a mobile home park under the provisions
of this article and regulations issued hereunder.
Mobile home.
A structure constructed before June 15, 1976; built on a
permanent chassis; designed for use as a dwelling with or without
a permanent foundation when the structure is connected to the required
utilities; transportable in one or more sections; and in the traveling
mode, at least eight body feet in width or at least 40 body feet in
length or, when erected on site, at least 320 square feet; and includes
the plumbing, heating, air conditioning, and electrical systems of
the home. A mobile home is not a HUD-code manufactured home for any
purpose under state law.
Mobile home lot.
A parcel of land for the placement of a single mobile home
and the exclusive use of its occupant.
Mobile home park, trailer park, trailer camp, or mobile home
camp.
Any premises on which one (1) or more mobile homes or house
trailers are parked or situated and used for living purposes, or any
premises used or held out for the purpose of supplying to the public
a park space for one (1) or more mobile homes and/or house trailers,
whether such vehicles stand on wheels or rigid supports.
Permit.
A written permit issued by the building official permitting
the location, construction, alteration and extension of a mobile home
or mobile home park under the provisions of this article and regulations
issued hereunder.
Person.
Any individual, firm, trust, partnership, public or private
association or corporation.
Service building.
A structure housing toilet, lavatory and such other facilities
as may be required by this article.
Special use permit.
Those permits as described and/or defined in section 13 of
the zoning regulations, to which reference is made and which said
description and/or definition is adopted as though fully set out herein.
(1986 Code, ch. 3, sec. 7:A; Ordinance
adopting Code)
Any person, firm or corporation violating this article or any portion thereof shall, upon conviction, be guilty of a misdemeanor and shall be fined as provided in section
1.01.009, and each day that such violation continues shall be considered a separate offense and punishable accordingly.
(1986 Code, ch. 3, sec. 7:O)
It shall be unlawful for any person to live in, locate or maintain any mobile home(s) or mobile home park(s) in the city unless such person shall first secure a special use permit from the city council, upon written application therefor, filed with the city council, which said application shall comply with the requirements of section 13 of the zoning regulations and shall be accompanied by a special use permit fee in the amount set forth in appendix
A to this code.
(1986 Code, ch. 3, sec. 7:B; Ordinance
adopting Code)
(a) It
shall be unlawful for any person to establish, construct, alter or
extend any mobile home or mobile home park within the limits of the
city unless he holds a valid permit issued by the building official
in the name of such person for the specific construction, establishment,
alteration or extension proposed.
(b) All
applications for permits shall be made to the building official and
shall contain the following:
(1) Name and address of the applicant;
(2) Interest of the applicant in the mobile home lot or site or mobile
home park;
(3) Location and legal description of the mobile home lot or site of
the mobile home park; and
(4) Complete engineering plans and specifications of the proposed mobile
home lot or site or mobile home park showing:
(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 or water and sewer lines and riser pipes;
(E) The location of service buildings and any other proposed structures;
(F) Plans and specifications of the water supply and refuse and sewage
disposal facilities;
(G) Plans and specifications of all buildings constructed or to be constructed
within the mobile home park; and
(H) The location and details of lighting and electrical systems.
(c)
(1) All applications shall be accompanied by the deposit of a fee, as set forth in appendix
A to this code, on the valuation of the single-unit mobile home.
(2) All applications shall be accompanied by the deposit of a fee, as set forth in appendix
A to this code, on the valuation of all improvements in the mobile home park, excluding the mobile homes.
(d) When,
upon review of the application, the building official is satisfied
that the proposed plan meets the requirements of this article and
regulations issued hereunder, a permit shall be issued.
(e) Any person whose application for a permit under this article has been denied may request and shall be granted a hearing on the matter before the building official under the procedure provided by section
3.11.007 of this article.
(1986 Code, ch. 3, sec. 7:C; Ordinance
adopting Code)
(a) It
shall be unlawful for any person to operate any mobile home park within
the corporate limits of the city unless he holds a valid license issued
annually by the building official in the name of such person for the
specific mobile home park. All applications for licenses shall be
made to the building official, who shall issue a license upon compliance
by the applicant with provisions of this article and regulations issued
hereunder and of other applicable local requirements.
(b) Every person holding a license shall give notice in writing to the building official within twenty-four (24) hours after having sold, transferred, given away or otherwise disposed of interest in or control of any mobile home park. Such notice shall include the name and address of the person succeeding to the ownership or control of such mobile home park. Upon application in writing for transfer of the license and deposit of a fee as set forth in appendix
A to this code, the license shall be transferred if the mobile home park is in compliance with all applicable provisions of this section and regulations issued hereunder.
(c)
(1) Application for original licenses shall be in writing, signed by the applicant, and accompanied by an affidavit of the applicant as to the truth of the application and by the deposit of a fee per mobile home space as set forth in appendix
A to this code, and shall contain the name and address of the applicant, the location and legal description of the mobile home park, and a site plan of the mobile home park showing all mobile home lots, structures, roads, walkways and other service facilities.
(2) Applications for renewals of licenses, which shall be due one (1) year from the date of the original license, shall be made in writing by the holders of the licenses, shall be accompanied by the deposit of a fee per mobile home space as set forth in appendix
A to this code, 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 article has been denied may request and shall be granted a hearing on the matter before the building official under the procedure provided by section
3.11.007 of this article.
(e) Whenever, upon inspection of any mobile home park or mobile home, the building official finds that conditions or practices exist which are in violation of any provisions of this article or regulations issued hereunder, the building official shall give notice in writing in accordance with section
3.11.007(a) 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 official, the license shall be suspended. At the end of such period the building official shall reinspect such mobile home park or mobile home and, if such conditions or practices have not been corrected, he 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 operation of such mobile home park or usage of the mobile home, except as provided in section
3.11.007(b).
(f) Any person whose license has been suspended, or who has received notice from the building official that his license will be suspended unless certain conditions or practices at the mobile home park or mobile home are corrected, may request and shall be granted a hearing on the matter before the building official, under the procedure provided by section
3.11.007 of this article; provided that, when no petition for such hearing shall have been filed within ten (10) days following the day on which notice of suspension was served, such license shall be deemed to have been automatically revoked at the expiration of such ten-day period.
(1986 Code, ch. 3, sec. 7:D; Ordinance
adopting Code)
(a) The
building official is hereby authorized and directed to make such inspections
as are necessary to determine satisfactory compliance with this article
and regulations issued hereunder.
(b) The
building official 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 article
and regulations issued hereunder.
(c) The
building official shall have the power to inspect the register containing
a record of all residents of the mobile home park.
(d) It
shall be the duty of the owners or occupants of mobile home parks
and mobile homes contained therein, or of the person in charge thereof,
to give the building official free access to such premises at reasonable
times for the purpose of inspection.
(e) It
shall be the duty of every occupant of a mobile home park to give
the owner thereof or his agent or employee access to any part of such
mobile home park or its premises at reasonable times for the purpose
of making such repairs or alterations as are necessary to effect compliance
with this article and regulations issued hereunder, or with any lawful
order issued pursuant to the provisions of this article.
(1986 Code, ch. 3, sec. 7:E; Ordinance
adopting Code)
(a) Whenever
the building official determines that there are reasonable grounds
to believe that there has been a violation of any provision of this
article or regulations issued hereunder, the building official shall
give notice of such alleged violation to the person to whom the permit
or license was issued, as hereinafter provided. Such notice shall:
(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
that 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;
and
(5) Contain an outline of remedial action which, if taken, will effect
compliance with the provisions of this article and regulations issued
hereunder.
(b) Any person affected by any notice which has been issued in connection with the enforcement of any provision of this article or regulation issued hereunder may request and shall be granted a hearing on the matter before the building official, provided that such person shall file in the office of the building official a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within ten (10) days after the day the notice was served. The filing of the request for a hearing shall operate as a stay of the notice and of the suspension, except in the case of an order issued under subsection
(e) of this section. Upon receipt of such petition, the building official shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing, the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than ten (10) days after the day on which the petition was filed, provided that upon application of the petitioner the building official may postpone the date of the hearing for a reasonable time beyond such ten-day period when, in his judgment, the petitioner has submitted good and sufficient reasons for such postponement.
(c) After such hearing, the building official shall make findings as to compliance with the provisions of this article and regulations issued hereunder and shall issue an order in writing sustaining, modifying or withdrawing the notice, which shall be served as provided in subsection
(a)(4) of this section. Upon failure to comply with any order sustaining or modifying a notice, the license of the mobile home park affected by the order shall be revoked.
(d) The
proceedings at such hearing, including the findings and decision of
the building official, together with a copy of every notice and order
related thereto, shall be entered as a matter of public record in
the office of the building official, but the transcript of the proceedings
need not be transcribed unless judicial review of the decision is
sought as provided by this article. Any person aggrieved by the decision
of the building official may seek relief therefrom in any court of
competent jurisdiction, as provided by the laws of this state.
(e) Whenever the building official finds that an emergency exists which may require immediate action to protect the public health, he may without notice or hearing issue an order reciting the existence of such an emergency and requiring that such action be taken as he may deem necessary to meet the emergency, including the suspension of the permit or license. Notwithstanding any other provisions of this article, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, but upon petition to the building official shall be afforded a hearing as soon as possible. The provisions of subsections
(c) and
(d) of this section shall be applicable to such hearing and the order issued thereafter.
(1986 Code, ch. 3, sec. 7:F; Ordinance
adopting Code)
It is further specified herein that, where single-unit mobile
homes are not located within duly licensed mobile home parks, they
shall comply with all regulations and restrictions applicable to single-family
residences in the particular zoned area where said mobile home is
located. Single-unit mobile homes must be connected to all existing
city services, must be anchored, and must be underpinned with a material
similar to the material from which the mobile home was constructed.
No variance from those established for the various districts as set
out in the city zoning regulations will be allowed in the yard requirements
for mobile homes. The permit notification system will not be initiated
unless there are the required yard requirements sufficient for the
placement of the mobile home. Special use permits for a single-unit
mobile home, when granted by the city council, are granted on a temporary
basis and will not permanently change the zoning of the property in
any zoned district on which it is situated. This temporary permit
will remain in effect unless and until the mobile home, as defined
in the application, is removed. After the effective date of the adoption
of the Code of Ordinances, it shall be unlawful to place a mobile
home on a lot in the city.
(1986 Code, ch. 3, sec. 7:I; Ordinance
adopting Code)
All appropriate state, county and municipal sanitation regulations
shall be strictly observed.
(1986 Code, ch. 3, sec. 7:G)
All requirements of the city zoning regulations, in particular
those set forth in section 13, shall be strictly observed.
(1986 Code, ch. 3, sec. 7:H)
All appropriate state, county and municipal electrical regulations
shall be strictly observed.
(1986 Code, ch. 3, sec. 7:J)
All appropriate state, county and municipal fire prevention
regulations shall be strictly observed.
(1986 Code, ch. 3, sec. 7:K)
(a) The
person to whom a license for a mobile home park is issued shall operate
the park in compliance with this article and regulations issued hereunder
and shall provide adequate supervision to maintain the park, its facilities
and equipment in good repair and in a clean and sanitary condition.
(b) The
park management shall notify park occupants of all applicable provisions
of this article and inform them of their duties and responsibilities
under this article and regulations issued hereunder.
(c) The
park management shall supervise the placement of each mobile home
on its mobile home stand, which includes securing its stability and
installing all utility connections.
(d) The
park management shall maintain a register containing the names of
all park occupants. Such register shall be available to any authorized
person inspecting the park.
(e) The
park management shall notify the local health officer immediately
of any suspected communicable or contagious disease within the park.
(f) The
park management shall provide for regular inspection of the water
and sanitary conveniences.
(g) The
park management shall provide for the collection and removal of garbage
and other waste material.
(h) The
park management shall prohibit the placing or storage of unsightly
material or vehicles of any kind.
(i) The
park occupant shall comply with all applicable requirements of this
article and regulations issued hereunder and shall maintain his mobile
home lot, its facilities and equipment in good repair and in a clean
and sanitary condition.
(j) The
park occupant shall be responsible for proper placement of his mobile
home on its mobile home stand and proper installation of all utility
connections in accordance with the instructions of the park management.
(1986 Code, ch. 3, sec. 7:L)
A mobile home shall not be occupied for dwelling purposes unless
it is properly placed on a mobile home stand and connected to water,
sewerage and electrical utilities.
(1986 Code, ch. 3, sec. 7:M)
This article shall not in any way apply to boats, trailers or
travel trailers used by the owner exclusively for the purpose of pleasure
and not occupied or slept in when located within the city limits.
(1986 Code, ch. 3, sec. 7:N)