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 as set from time to time by the city council and listed in the fee schedule maintained in the city offices.
(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
(iii) 
A site plan of the park.
(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 thereof shall be accompanied by a fee as set from time to time by the city council and listed in the fee schedule maintained in the city offices. 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) 
Fee for transfer of license.
All applications for license transfer shall be accompanied by a fee as set from time to time by the city council and listed in the fee schedule maintained in the city offices.
(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 a 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 9/13/2022; Ordinance adopting 2026 Code)
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 9/13/2022)
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 article 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 9/13/2022)
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 9/13/2022)
(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:
(1) 
Be in writing;
(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 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 9/13/2022)
A person violating a provision of divisions 1 through 3 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 divisions 1 through 3 of this article shall not be provided city utility services directly from the city or indirectly from an established city utility customer.
(Ordinance 424 adopted 6/14/2022; Ordinance 430, sec. 11, adopted 9/13/2022; Ordinance adopting 2026 Code)
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 9/13/2022)