(a)
Prohibited structures.
A structure that was constructed prior to June 15, 2000 transportable in one or more sections, which, in the traveling mode is not self propelled, is eight (8) feet or more in width or forty (40) body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes plumbing, heating, and electrical systems, shall be prohibited within the city. The foregoing date of June 15, 2000 shall be automatically increased by one (1) year starting on January 1, 2019 and on each January thereafter.
(b)
No structure that is permitted under subsection (a) shall be allowed if the exterior siding is not intact and in good condition being fully attached to the structure, if all roofing material is not intact and in good condition being fully attached to the structure, if all windows are not in place and in good working order, and if all exterior doors are not in place and in good working order and condition.
(c)
All structures allowed under the provisions of this article shall be set on foundation piers and pads. Foundation pads/piers must bear upon reinforced poured concrete footings that are constructed below the frost line. A concrete pad, four (4) inches thick, is to be placed at the location of the wheels of each mobile home or vacation travel trailer. The size of the pad will be determined by the location and spacing of the wheels. Furthermore, the grade of the area below the mobile home/trailer must taper away from the home to allow for proper drainage under the mobile home/trailer. A pier is to be located at each corner of the mobile home or travel trailer. The pier hole is to be at least eight (8) inches in diameter and three (3) feet deep. It is to be filled with reinforced concrete with an eyelet embedded in the concrete.
(d)
All structures allowed under the provisions of this article shall install tie downs. The mobile home or trailer is to be connected to each eyelet installed pursuant to subsection (c) above by a cable or some other device, thus securing the structure and insuring its stability.
(e)
All structures allowed under the provisions of this article shall install a well supported perimeter wall (skirting). A permanent well-supported perimeter wall (skirting) must enclose the foundation to keep out vermin and water. This wall must be self-supporting and must rest on a concrete footing. An access opening must be constructed in this skirting wall. The wall may be constructed of block, brick masonry or painted metal. An adequate number of screened vents must be installed around the entire perimeter of the structure to provide air circulation in the crawl space under the mobile home/trailer (1 square feet of net free area per 150 square feet of crawl space floor area).
(f)
All structures allowed under the provisions of this article shall be connected to permanently installed utilities.
(g)
All structures allowed under the provisions of this article shall comply with the provisions of this article regardless of where they are located within the city. This includes, but is not limited to, areas within any recreational vehicle park/site or trailer park/site.
(h)
All structures allowed under the provisions of this article shall be marked and numbered for identification of the street addresses assigned to the location of the mobile home/trailer with an illuminated address marker for easy identification for emergency and law enforcement personnel.
(i)
Nuisances and violations.
(1)
Inspections.
(A)
Authorized.
The building official, city manager, fire marshal, fire chief, police officers, public works director, or other city officials designated by the city manager are hereby authorized to make such inspections as are necessary to determine compliance with this article.
(B)
Entry on premises.
The city officials listed in the foregoing subsection shall have the power to enter at reasonable times upon any private or public property, including RV parks, for the purpose of inspecting and investigating conditions related to the enforcement of this article.
(2)
Notices, hearings, and orders.
(A)
Notice of violation.
(i)
Whenever it is determined that there are grounds to believe that there has been a violation of any provision of this article, the city shall give notice of such alleged violation to the owner/occupant/resident as hereinafter provided. Such notice shall:
a.
Be in writing.
b.
Include a statement of the reasons for issuance.
c.
Allow ten (10) days for compliance.
d.
Be served upon the owner/occupant/resident or his/her agent; provided that such notice or order shall be deemed to have been properly served upon such owner/occupant/resident or agent when a copy thereof has been served in person upon said person or agent or sent by certified mail to the address of owner/occupant/resident. Service may also be made by posting a copy of the notice on the door or window of the offending mobile home or trailer.
e.
Contain an outline of the remedial action(s) that, if taken, will effect compliance with the provisions of this article.
f.
After failure to comply with remedial actions listed in the notice in the time frame set forth above, a citation may be issued.
(ii)
If any notice has been mailed to the owner/occupant/resident or his/her agent in accordance with the provisions of this article and the United States Postal Service returns the notice as “refused” or “unclaimed,” the validity of the notice is not affected, and the notice is considered as having been delivered.
(B)
Appeal from notice.
Any person affected by any notice that has been issued in connection with the enforcement of any provision of this article may request a hearing before the city council provided that such person shall file within ten (10) days after the day the notice was served, in the city secretary’s office, with a copy to the city manager, a written request for such hearing which request shall set forth a brief statement of the grounds for the appeal. The filing of a request for an appeal shall operate as a stay of the notice, except in the case of an order issued under subsection (D) below of this section.
(C)
Issuance of order.
After such hearing, the city council shall issue an order in writing sustaining, modifying, or withdrawing the notice of the violation, which order shall be served upon the person filing the appeal. Any failure to comply with an order sustaining or modifying the finding of a violation shall constitute grounds for immediate removal of the mobile home or trailer.
(D)
Order without notice.
Whenever the city finds that an emergency exists which requires immediate action to protect the public health or safety, the designated official may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring the action to be taken as deemed necessary to meet the emergency. Notwithstanding any other provision of this section, such order shall be effective immediately, but upon written request the owner/occupant/resident and/or agent shall be afforded a hearing as soon as possible after issuance of the order. The provisions of subsection (C) of this section shall be applicable to such hearing and the order issued thereafter.
(3)
Violations declared nuisance; abatement; penalty.
Any noncompliance with this article is hereby deemed a nuisance. The city may abate and remove the nuisance and punish the person(s) responsible for causing or allowing the nuisance condition to exist. Any person(s) violating this article shall be subject to a fine not to exceed five hundred dollars ($500.00) for each provision violated, and each day that there is a failure to comply with the terms of any provision of this article is declared to be a separate offense. For violations of the provisions of this article that govern fire safety, zoning, or public health, safety, welfare or sanitation, the fine may not exceed two thousand dollars ($2,000.00) per day per violation. Each and every day of such violation shall constitute a separate offense. The city manager or any police officer of the city shall be responsible for the issuance of citations for any violations of the provisions of this article and for any action deemed necessary for the enforcement of this article.
(j)
Exception.
This section shall not apply to structures transported into the city prior to its effective date and which do not constitute a public nuisance as provided by the city’s structural standards code.
(k)
Penalty.
Any person, firm or individual who shall violate any of the provisions of this section shall be guilty of a misdemeanor, and upon conviction shall be fined in a sum not exceeding two thousand dollars ($2,000.00). Each and every day the violation continues shall constitute a separate and distinct offense.
(Ordinance 248-F adopted 10/2/00; Ordinance 348SM adopted 1/9/18; Ordinance 349SM adopted 2/13/18; Ordinance 349SM adopted 2/13/18)