Effective the date this article is approved, the creation of
a new manufactured home park is prohibited in the city limits without
first applying for all required construction permits and licenses
and receiving approval from city council. Existing manufactured home
parks will operate under the following rules and regulations.
(1) Permits.
Permits shall be required for HUD-code manufactured
home parks as follows:
(A) Permit required.
It shall be unlawful for any person
to construct, alter, extend or expand any HUD-code manufactured home
park within the limits of the city or its extraterritorial jurisdiction
as defined by state law unless said person holds a valid permit issued
by the city in the name of the person for the specific construction,
alteration or extension proposed.
(B) Application requirements.
All applications for permits shall be made upon standard forms provided by the city and shall contain (1) the name and address of the applicant; and (2) the location and legal description of the HUD-code manufactured home park. To this application shall be attached five (5) copies of a site plan, at a minimum scale of 1" = 200' for sites of thirty acres or more, and at a minimum of 1" = 100' for sites under thirty acres. The site plan shall include all data required under section
3.06.062 of this article.
(C) Permit fee.
All applications to the building official
shall be accompanied by a fee. (See fee schedule.)
(D) Issuance of permit.
When upon review of the application,
the building official is satisfied that the proposed plan meets the
requirements of law, a permit shall be issued.
(E) Denial of permit/hearing.
Any person whose application
for a permit under the article has been denied, may request in writing
a rehearing on the matter and offer additional evidence if desired.
(F) Exception.
Any mobile/manufactured home park that is
substantially complete prior to adoption of this article.
(2) Licenses.
Licenses shall be required for HUD-code manufactured
home parks as follows:
(A) License required.
It shall be unlawful far any person
to establish, operate, or maintain or permit to be established, operated
or maintained upon any property owned or controlled by that person
any HUD-code manufactured home park within the limits of the city
unless that person holds a valid license issued annually by the city.
All applications for licenses shall be made in writing on forms furnished
by the applicant to the city, which shall issue a license upon compliance
by the applicant with the provisions of this article. Said license
shall expire on December 31st of each year.
(B) Application for original license.
Application for original
license shall be in writing, signed by the applicant, accompanied
by an affidavit of the applicant as to the truth of the application
and by the deposit of a license fee as hereinafter provided. The application
shall also contain:
(i) The name and address of the applicant;
(ii)
The location and legal description of the park; and
(C) Hearing granted applicants.
Any person whose application
for a license under this article has been denied may request in writing
and within ten (10) days a rehearing which shall be granted by the
city council.
(D) Application for license renewal.
Application for renewal
of a license shall be made in writing by the licensee on forms furnished
by the city on or before December 1st of each year. Such application
shall contain any change in the information occurring after the original
license was issued or the latest renewal granted.
(E) License fee.
All original license applications or renewals
hereof shall be accompanied by a fee (see fee schedule). All renewal
fees shall be due on the issuance of the license.
(F) Transfer of license.
Every person holding a license
shall give notice in writing to the city within fifteen (15) days
after having sold, transferred, given away, or otherwise disposed
of interest in or control of any HUD-code manufactured home park and
the mayor or his designate shall act thereon after the building official
has conducted an inspection of the park for compliance with the requirements
of this article.
(G) Transfer of license fee.
All applications for license
transfer shall be accompanied by a fee. (See fee schedule.)
(H) Violations, notice, suspension of license.
Whenever the city finds that conditions or practices exist which are in violation of any provision of this article it shall give notice in writing in accordance with section
3.06.065 of this article, to the permittee or licensee or his agent that unless such conditions or practices are corrected within a reasonable period of time (not less than thirty days or more than one year) as specified in said notice, the license or permit shall be suspended. At the end of said period of time, and if such conditions or practices have not been corrected, the city may suspend the license and give notice, in writing, of such suspension to the licensee or his agent at the address provided in the application. Upon receipt of notice of suspension, the licensee shall cease operation of such park within ten (10) days after the notice is issued.
(I) Exception.
Any mobile/manufactured home park that is
substantially complete prior to adoption of this article.
(Ordinance 430, sec. 6, adopted 9/13/22)
Effective the date this article is approved, the creation of
a new manufactured home park is prohibited in the city. Existing manufactured
home parks will operate under the following rules and regulations.
(Ordinance 430, sec. 7, adopted 9/13/22)
The licensee shall be responsible for all requirements of manufactured
home park operators set out elsewhere in this article and shall be
responsible for:
(1) Insuring
that the manufactured home park is operated and maintained in a safe
and sanitary manner.
(2) Maintaining
all streets, parking, storage areas, and recreational areas within
the manufactured home park.
(3) Maintaining
the water distribution system, storm drainage and sewer system within
the manufactured home park.
(4) Insuring that all requirements of this article are met and maintained. Any HUD-code manufactured home park issued an initial license after adoption of this article that is found to be in violation of any provisions of this article shall be notified in writing by the city manager, in accordance with section
3.06.065 and upon failure to comply said license shall be revoked.
(5) All
responsibilities set out elsewhere in this article, and the licensee
or his agent shall operate the park in compliance with this and other
applicable ordinances and shall provide adequate supervision to maintain
the park and all facilities in good repair, and in clean and sanitary
condition. The licensee or agent shall notify park occupants of all
applicable provisions of this article and inform them of their duties
and responsibilities under this article.
(6) Allowing
any duly-authorized inspector of the city to make reasonable inspections
of the manufactured home park to determine compliance with this article.
(Ordinance 430, sec. 8, adopted 9/13/22)
Park occupants shall be responsible for all responsibilities
of occupants set out elsewhere in this article and shall be responsible
for:
(1) Proper
placement of the manufactured home on the manufactured home stand
and proper installation of all utility connections in accordance with
the instructions of the park management;
(2) Keeping
the area under the manufactured home clear of flammable and combustible
items and not using the space for storage;
(3) Maintaining
those portions of the interior of a manufactured home under his or
her control to be free from rubbish, garbage, and other substances
that may encourage infestation by insects, rodents, or vermin and
from all unsanitary conditions;
(4) Keeping
all occupied areas and all plumbing equipment and facilities in a
clean, sanitary condition at all times;
(5) Connecting
plumbing fixtures and heating equipment that the occupant supplies
and maintaining the connections in accordance with applicable codes
of the city;
(6) Maintaining
said manufactured home and its facilities without alteration creating
nonconformity with this chapter or any other applicable law;
(7) Maintaining
said manufactured home unit, plot, its facilities, equipment and accessory
structures in good repair and in a clean and sanitary condition;
(8) Maintaining
skirting, porches, awnings, and other additions to the manufactured
home in good repair.
(Ordinance 430, sec. 9, adopted 9/13/22)
(a) Whenever
it is brought to the attention of the city council that there has
been a violation of any provision of this article, the city council
shall give notice of such alleged violation to the permittee or licensee
or his agent, as hereinafter provided. Such notice shall:
(2) Shall include a statement of the reasons for its issuance;
(3) Allow a reasonable time of not less than thirty (30) days nor more
than one year, based upon the nature and severity of the violation
and having due regard for the safety and protection of the community,
for the performance of the act it requires;
(4) Be served upon the licensee or his agent; provided that such notice
or order shall be deemed to have been properly served upon such licensee
or his agent; provided that such notice or order shall be deemed to
have been properly served upon such licensee or agent when a copy
thereof has been sent by 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 when if taken, will effect
compliance with the provisions of this article.
(b) If
the violation is not remedied in accordance with the notice, and a
breach of the article continues, then the council may revoke any permits
or licenses issued in addition to any punishment provided in this
article.
(Ordinance 430, sec. 10, adopted 9/13/22)
A person violating a provision of this article shall, upon conviction,
be punished by a fine of not less than $100.00 and not more than $500.00.
Each and every day’s violation shall constitute a separate and
distinct offense. Any mobile or manufactured home, travel trailer
or motor home not in compliance with this article shall not be provided
city utility services directly from the city or indirectly from an
established city utility customer.
(Ordinance 424 adopted 6/14/22; Ordinance 430, sec. 11, adopted 9/13/22)
All regulations provided in this article are hereby declared
to be governmental and for the health, safety and welfare of the general
public. Any member of the city council or any city official or employee
charged with the enforcement of this article, acting for the city
in the discharge of his or her duties, shall not thereby render himself
or herself personally liable, and he or she is hereby relieved from
all personal liability for any damage that might accrue to persons
or property as a result of any act required or permitted in the discharge
of said duties.
(Ordinance 430, sec. 14, adopted 9/13/22)