The code compliance officer, building inspector, police chief,
fire marshal and/or fire chief is authorized to inspect the premises
of a manufactured home community when the owner or manager makes application
for a license, or whenever necessary or expedient to determine the
condition of the manufactured home community.
(Ordinance 440-2007, sec. 19, adopted 10/18/07)
(a)
Inspections
may be made between the hours of 7:00 a.m. and 7:00 p.m., Monday through
Friday; provided, however, in cases of emergency where hazards are
known or suspected to exist which may involve injury to a person or
severe property damage, an inspection may occur at any time.
(b)
A
city official, as defined by this article, may request entry to a
dwelling unit or structure for inspection purposes only. Whenever
a city official is denied entry to a dwelling unit or structure, such
denial shall not be a violation of this article, but the official
may use the resources provided by law to gain entry.
(Ordinance 440-2007, sec. 20, adopted 10/18/07)
(a)
After
the effective date of this article, the appropriate city official
shall order the owner or manager of a community subject to these provisions
to come into compliance. Upon receipt of such notice, the owner shall,
subject to the applicable time limits, take necessary actions to comply
with the provisions of this article. A sale or other transfer of the
premises does not affect the validity and enforceability of the order.
A person acquiring interest in the property after an order has been
so filed is subject to the requirements of the order.
(b)
The
owner or manager of a manufactured home community shall comply with
the setback and separation requirements of this article whenever a
manufactured home or accessory building is moved into, onto, or within
the manufactured home community.
(c)
The
owner or manager of a manufactured home community shall comply with
the accessway and driveway requirements of this article and commence
any necessary alterations to the community within thirty (30) months
of the date of the order to the owner, and work shall be completed
within sixty (60) months from the date of notification. The owner
or manager of an existing manufactured home community, as of the effective
date of this article, whose existing roadway is narrower than specified
in the regulations is exempt from this requirement; however, in no
case shall the existing roadway be reduced from the existing width.
(d)
The owner or manager of a manufactured home community established after the effective date of this article shall comply with the fire hydrant requirements of section 3.04.010(8) and shall commence work on the required alterations to the community within thirty (30) months of the date of the order to the owner, and work shall be completed within sixty (60) months from the date of owner notification.
(e)
The owner or manager of a manufactured home community shall comply with every requirement of this article, other than those set out in subsections (b), (c), and (d) of this section, no later than twelve (12) months from the date on the order. Time frames for life, health, and safety issues may necessitate a shorter time frame and will be so ordered by the appropriate city official.
(Ordinance 440-2007, sec. 22, adopted 10/18/07)
(a)
Any
person aggrieved by a decision of a city official regarding failure
to comply with the standards contained in this article may file an
appeal and request a hearing before the building board of appeals.
Such appeal shall be requested within 15 days after the decision has
been rendered by the city official by filing a written request for
appeal to the city secretary specifying the grounds on which the appeal
is requested. The city secretary shall forward the request and all
related records to the board, and a hearing will be set in a reasonable
amount of time after the request has been filed. The fee for an appeal,
waiver or variance will be seventy-five dollars ($75.00).
(b)
An
appeal shall stay all proceedings in furtherance of the action appealed
from unless the officer from whom the appeal is taken certifies to
the board, after notice of appeal shall have been filed with the officer,
that, by reasons of facts stated in the certificate, a stay would,
in his opinion, cause imminent peril to life or property. In such
case, proceedings shall not be stayed otherwise than by a restraining
order, which may be granted by the board or a court of record on application
on notice to the officer from whom the appeal is taken and on due
cause shown.
(c)
The
owner of a manufactured home community or manufactured home shall
submit requests for variances or waivers from this article to the
city secretary, who will file them with the building board of appeals.
(Ordinance 440-2007, sec. 23, adopted 10/18/07)
(a)
Notice
of such hearings shall be given to the owner, manager, occupants,
lienholders, or mortgagees affected by an action for enforcement,
by certified mail, return receipt requested, on or before the tenth
day before the date of the hearing.
(b)
The
notice to an owner, manager, occupant, lienholder or mortgagee must
include a statement that the owner, manager, occupant, lienholder
or mortgagee will be required to submit at the hearing proof of the
scope of any work that may be required to comply with this article
and the time it will take to reasonably perform the work.
(c)
Notices
herein shall be sent or given by the appropriate city official.
(Ordinance 440-2007, sec. 24, adopted 10/18/07)
If, after a public hearing, a manufactured home community, or
any structure contained therein, is found to be in violation of this
article, the building board of appeals may:
(1)
Enter
into the minutes its findings that the community, or use thereof:
(A)
Is in violation of the minimum standards of this article in specified
instances;
(B)
Is dilapidated, substandard, or unfit for human habitation and a
hazard to the public health, safety and welfare;
(C)
Is unoccupied by its owners, lessees, tenants, or other invitees
and is unsecured from unauthorized entry to the extent that it could
be entered or used by vagrants or other uninvited persons as a place
of harborage or could be entered or used by children;
(D)
Is boarded up, fenced or secured but constitutes a danger to the
public, or the means used to secure the structure are inadequate to
prevent unauthorized entry or use of the community or structure by
vagrants, children or other uninvited persons;
(E)
Violates the minimum standards of this article and is unoccupied
or is occupied only by persons who do not have a right of possession;
or
(F)
Is dangerously damaged or deteriorated or is likely to endanger persons
or property.
(2)
Make
an order that:
(A)
The manufactured home community or structure shall be secured from
unauthorized entry.
(B)
The manufactured home community or structure be repaired, removed
or demolished.
(C)
The manufactured home community or structure be vacated in whole
or in part.
(D)
Any or all occupants be relocated.
(E)
Grants a variance from or waiver to the terms of this article in
order to avoid the imposition of a hardship.
(3)
Compliance
time limits:
(A)
An order shall require that a manufactured home community or structure
shall be secured within thirty (30) days.
(B)
An order shall be required that a manufactured home community or
structure must be repaired, removed or demolished within thirty (30)
days unless the owner, lienholder, mortgagee, manager, or occupant
establishes at the hearing that the work cannot reasonably be performed
within thirty (30) days.
(C)
If the building board of appeals allows the owner, lienholder, mortgagee,
manager or occupant more than thirty (30) days to repair, remove or
demolish the structure, the building board of appeals shall establish
specific time schedules for the commencement and performance of the
work and shall require the owner, lienholder, mortgagee, manager or
occupant to secure the property in a reasonable manner from unauthorized
entry while the work is being performed.
(D)
The building board of appeals may not allow the owner, lienholder,
mortgagee, manager or occupant more than ninety (90) days to repair,
remove or demolish the manufactured home or other structure within
the manufactured home community or to fully perform all work required
to comply with the order of the building board of appeals unless the
owner, lienholder, mortgagee, manager or occupant:
(E)
If the building board of appeals allows the owner, lienholder, mortgagee,
manager or occupant more than ninety (90) days to complete any part
of the work required to repair, remove or demolish the manufactured
home community or structure therein, the building board of appeals
shall require the owner, lienholder, mortgagee, manager or occupant
to regularly submit progress reports to the building board of appeals
to demonstrate that the owner, lienholder, mortgagee, manager or occupant
complied with the time schedules established by the board for commencement
and performance of the work. The order may require that the owner,
lienholder, mortgagee, manager or occupant appear before the building
board of appeals to demonstrate compliance with the schedules.
(F)
In a public hearing to determine whether a manufactured home community
or structure therein complies with the standards set out in this article,
the owner, lienholder, mortgagee, manager or occupant has the burden
of proof to demonstrate the scope of work that may be required to
comply with this article and the time it will take to reasonably perform
the work.
(G)
Should an owner, lienholder, mortgagee, manager or occupant fail
to comply with an order of the building board of appeals to repair,
remove or demolish a manufactured home community or structure therein,
the building board of appeals may assess civil penalties against such
owner, lienholder, mortgagee, manager or occupant upon notice and
hearing. Such notice shall be given at least ten (10) days prior to
the hearing to determine whether or not civil penalties should be
assessed.
(Ordinance 440-2007, sec. 25, adopted 10/18/07)
(a)
If
an owner, lienholder, mortgagee, manager or occupant does not take
action ordered by the building board of appeals within the allotted
time, the appropriate city official shall promptly mail by certified
mail, return receipt requested, a copy of the order and a statement
of noncompliance to any owner, lienholder, mortgagee, manager or occupant
of the manufactured home community or structure therein previously
served with the hearing notice.
(b)
If
the owner, lienholder, mortgagee, manager or occupant should fail
to comply with an order of the building board of appeals, the board
may, in addition to any other actions or remedies in this article,
authorize the appropriate city department to:
(1)
Vacate, secure, remove or demolish the manufactured home community
or other structure therein which is subject to an enforcement order;
(2)
Relocate the occupants; or
(3)
Repair the manufactured home community or structure therein to the
extent necessary to bring it into compliance with minimum standards.
(c)
The
building board of appeals may authorize the appropriate city department
to secure a manufactured home community, unit or structure that violates
the minimum standards and is unoccupied or is occupied only by persons
who do not have a right of possession before notice and hearing if:
(1)
Before the 11th day after the manufactured home community, unit or
structure is secured the owner is given notice in accordance with
section 214.001(c) Local Government Code; and
(2)
The building board of appeals conducts a hearing within twenty (20)
days after a request for hearing is filed by the owner, provided said
request for hearing is filed within thirty (30) days after the structure
is secured.
(d)
The
building board of appeals may assess all expenses incurred by the
city pursuant to the foregoing provisions against the owner of the
property and the property. Said assessment of expenses shall constitute
a privileged lien on the property subordinate only to tax liens and
previously recorded bona fide mortgage liens, unless the property
is a homestead protected by the state constitution in accordance with
chapter 214 and chapter 54, Local Government Code.
(e)
Upon
a finding by the building board of appeals that a manufactured home
community or other structure is dangerously damaged or deteriorated,
or is likely to endanger persons or property, the appropriate city
official may place a placard notice on all dwelling units, a manufactured
home community, or other structure which the building board of appeals
has determined to be dangerously damaged or deteriorated, or likely
to endanger persons or property, with the following language:
Warning! This structure has been found to be dangerously damaged
or deteriorated or likely to endanger persons or property. The community/structure/unit
is to be vacated immediately. This notice is to remain on this community/structure/unit
until it is repaired or demolished in compliance with the order of
the council. It is unlawful to remove this placard.
(Ordinance 440-2007, sec. 26, adopted 10/18/07)
(a)
Civil
penalties and expenses assessed herein shall constitute a personal
liability of the property owner and a lien against the property.
(b)
All
civil penalties and assessments for expenses accrue interest at the
maximum rate allowable by law.
(c)
A
property owner against whom a civil penalty is assessed or expenses
are assessed shall be given notice of such order by certified mail,
return receipt requested.
(d)
Promptly
after the imposition of a lien for the assessment of a civil penalty
or expenses, the appropriate city official shall cause a written notice
of such imposition of lien to be filed in the office of the county
clerk.
(e)
A
certified copy of an order assessing a civil penalty shall also be
filed with the district clerk.
(f)
The
city may file suit in district court to obtain a judgment against
the owner for the amount of the civil penalty and expenses, plus interest,
and for foreclosure of its lien on the property. A lien may not be
foreclosed if property on which repairs were made is occupied as a
residential homestead by a person sixty-five (65) years of age or
older.
(Ordinance 440-2007, sec. 27, adopted 10/18/07)
(a)
Any
owner, lienholder, mortgagee or manager jointly or severally aggrieved
by an order of the building board of appeals may file in district
court a verified petition setting forth that the decision is illegal,
in whole or in part, and specifying the grounds for the illegality.
The petition must be filed within thirty (30) calendar days after
the date a copy of the final decision of the building board of appeals
is mailed to an owner, lienholder or mortgagee by certified mail,
return receipt requested. Such decision shall become final as to each
of them upon the expiration of the 30-day period.
(b)
With
respect to any order of the building board of appeals that involves
a finding that a manufactured home community, manufactured home or
other structures are dangerously damaged or deteriorated, an abbreviated
copy of the order shall be published one time in a newspaper of general
circulation in the city within ten (10) days of the date of mailing
of the copies of the order to the owner, lienholder or mortgagee,
and a copy filed in the office of the city secretary.
(c)
On
filing and presentation of the petition, the court may issue a writ
of certiorari directed to the building board of appeals to review
the decision and order of the board and shall prescribe in the writ
the time within which a return on the writ must be made, which must
be longer than ten (10) days and served on the aggrieved party or
his or her attorney.
(d)
Review
of the order of the building board of appeals shall be in accordance
with section 214.0012 and section 54.039 Local Government Code.
(Ordinance 440-2007, sec. 28, adopted 10/18/07)
(a)
Prior
to any order of the building board of appeals becoming final, the
board may grant one rehearing if a person affected by the order requests
the rehearing within ten (10) days after notice of the order or decision
of the board is given. The period for appeal shall begin at the time
the board gives notice of its order on the rehearing. The rehearing
must be held no later than thirty (30) days from the date the rehearing
request is filed.
(b)
A
written request shall be made to the appropriate city official accompanied
with a rehearing fee of one hundred dollars ($100.00) unless a person
makes written affirmation of his inability to pay the fee.
(c)
Decisions
of the building board of appeals are stayed until the rehearing is
held.
(d)
The
order or decision on the rehearing shall be final as to all administrative
remedies.
(Ordinance 440-2007, sec. 29, adopted 10/18/07)
Any person violating or failing to comply with any provision
of this article shall be fined, upon conviction, not more than five
hundred dollars ($500.00). Each day in which a violation of this article
exists is a separate offense.
(Ordinance 440-2007, sec. 30, adopted 10/18/07)
