The provisions of this article shall govern the development of and operation of RV parks located within the corporate city limits of the city and within the extraterritorial jurisdiction of the city.
(Ordinance 339SM adopted 3/14/17)
The following words, terms, and phrases, when used in this article shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Any structural addition to the recreational vehicle or sire, including awnings, cabanas, carports, garages, porches, storage cabinets, storage sheds, and similar appurtenant structures.
This article 14.02.
Capable of being decomposed by biological agents, especially bacteria.
The official of the city, or its agents or designees, that is responsible of the inspection of electrical, mechanical, and plumbing associated with a RV park.
The City of Petersburg, Texas.
The governing body of the City of Petersburg, Texas consisting of five council members and a mayor.
Any engineer employed by the city to provide engineering, design, and/or inspection services to the city.
The chief of police or any officer of the city’s police department, the city manager, or any other designated individual or firm employed to perform code enforcement.
A person or individual or developer who controls at least fifty-one percent (51%) of the ownership of a RV park.
Streets or roadway located within the RV park other than the major thoroughfare located within the RV park.
A person who may or may not own the RV park but is the person responsible for the day to day operations including records and the license to operate a RV park.
Those streets providing for local traffic and direct access to an RV park. Also reference herein as public streets or public roadway.
A public roadway located outside of the property lines of the RV park.
The main internal roadway providing ingress and egress from the RV park.
Any licensed camp trailer, travel trailer, motor home, pop-up camper, tent trailers, or motor home designed to provide temporary living quarters for recreational camping or travel use, constructed with integral wheels to make it mobile and/or towable by a motor vehicle.
Any lot, tract, or parcel of land upon which accommodation is provided for two (2) or more recreational vehicles used as living or sleeping quarters by the day, week, or month, whether a charge is or is not made. A recreational vehicle park is a unified development of recreational vehicle spaces provided for recreational vehicle use with or without community facilities and permitted permanent buildings.
That part of a lot or area in a recreational vehicle park or RV park that has been reserved for the placement of one recreational vehicle or RV. Also referenced herein as rental parking spaces, rental sites, rental pads, pad site or rental space.
Farm to Market Road 54, 54 Bypass, and Farm to Market 789.
Texas Commission on Environmental Quality and/or its successors.
(Ordinance 339SM adopted 3/14/17)
The purpose of this article is intended to:
(1)
Provide commercial rental parking spaces and sites for recreational vehicles (RV’s), including motor homes, travel trailers, pick-ups, campers, and tent trailers.
(2)
Assure reasonable standards for the development of facilities for the occupancy of recreational vehicles on a temporary basis, ranging from short overnight stops to longer destination-type stays of several days to several months.
(3)
Ensure that all health, safety, and welfare issues are addressed for the occupants/renters of the RV sites and to provide reasonable facilities and access for emergency responders and law enforcement personnel.
(4)
Ensure reasonable standards for operation of a RV park and licensing of individuals operating and managing a RV park.
(Ordinance 339SM adopted 3/14/17)
(a)
Rental space size.
Each recreational vehicle site within the RV park shall have a minimum area of one thousand nine hundred fifty (1,950) square feet and shall be at least thirty (30) feet wide and sixty (60) feet in depth. Minimum rental space size shall not include any area required for access roads, off-street parking, service buildings, recreation areas, office and similar RV park needs.
(b)
Rental space/pads/sites.
(1)
The rental sites shall be designed as pull-through, where possible for ease of entering and leaving the site. A roadway is therefore required to the front and rear of the recreational vehicle site.
(2)
Each site shall be marked and numbered for identification with an illuminated address marker for easy identification for emergency personnel.
(3)
Each recreational vehicle site shall be equipped with a surfaced area of not less than ten (10) feet by forty (40) feet, containing hookups for water, sewer, and electricity. Surfacing of the pad site shall consist of gravel, asphalt, or concrete. Where gravel surfacing is used, the design of the gravel pad shall be approved by the city’s engineer to maintain proper drainage and to minimize dust.
(4)
The left 1/3 (10 x 60) of each site or driver’s side must be planted with grass and other landscaping and the right 1/3 (10 x 60) or passenger side must be paved with either cement, asphalt, crushed rock or similar material and is to be used for parking or patio area.
(c)
Setback requirements.
Each rental space shall meet the following setback requirements:
(1)
Fifty (50) feet when abutting a state or federal highway or designated major arterial roadway.
(2)
Twenty-five (25) feet when abutting a public street or public right-of-way other than a state or federal highway or designated major arterial roadway.
(4)
There shall be a minimum distance of ten (10) feet between RV’s parked side by side.
(5)
There shall be a minimum distance of ten (10) feet between RV’s parked end to end.
(6)
There shall be a minimum distance of twenty (20) feet between any RV site and any building.
(d)
Streets.
(1)
Each recreational vehicle site within the RV park shall have access to a major thoroughfare, which shall have access to a public street. The entrance of the internal roadway(s) shall have a width (engineered all-weather service [surface]) of at least thirty (30) feet with a sixty foot (60) foot turning area and radii. The major thoroughfare shall have a width (engineered all-weather service [surface]) of at least thirty-two (32) feet in width for two-way traffic, and at least eighteen (18) feet in width for one-way traffic. Parking shall not be allowed on internal roadways.
(2)
A sixty-foot (60) turning area and radii shall be required on all curves, to allow free movement of emergency vehicles. Any bridges within the development shall have a capacity of at least sixteen (16) tons, to allow access by emergency vehicles. Road grades shall not exceed six percent (6%).
(3)
The internal streets off of the major thoroughfare may be constructed as engineered all-weather service [surface] with materials that limit or reduce dust.
(4)
Metal signs shall be placed along the major thoroughfare and other internal streets, by the owner or agent of the RV park stating that parking is prohibited. The sign type, size, height, and location(s) shall be approved by the city.
(e)
Frontage.
All spaces shall have a minimum frontage of thirty (30) feet along an interior roadway. Any accessory uses such as attached awnings, steps or pop-outs, shall be considered to be part of the recreational vehicle.
(f)
Sanitary facilities.
Every RV park shall be provided with one or more service buildings equipped with a flush toilet, lavatory, shower, and laundry facilities meeting minimum TCEQ standards. The toilet, lavatory, and shower may be contained in the laundry facilities. Such facilities shall be conveniently located at a distance of not more than five hundred (500) feet from any RV served. Such facilities shall be kept in a clean and sanitary condition, and plumbing fixtures shall be maintained in good working order. All such facilities shall be adequately lighted at all times and shall be well ventilated. Portable fire extinguishers of a type approved by the city volunteer fire department shall be kept in the service buildings and at all locations designated by the fire department and shall be inspected annually and maintained in operating condition.
(g)
Size and density.
Each RV park must have a minimum size of two (2) acres, with a maximum size of five (5) acres. The maximum site density for RV parks shall be twenty (20) sites per acre. Only one (1) recreational vehicle is permitted per recreational vehicle site and no tents are allowed on any site already occupied by a recreational vehicle.
(h)
Lighting.
Adequate street lighting and entrance lighting shall be approved by the city. Any light used to illuminate signs, parking areas, entrances, or for any other purpose shall be nonglaring, energy efficient and so arranged as to confine direct light beams to the lighted property by appropriate directional hooding.
(i)
Guest parking.
There shall be provided guest parking in each RV park at the ratio of one (1) parking space for each five (5) RV sites. The guest parking locations must be clearly marked as such and must be paved with crushed gravel, asphalt, or concrete.
(j)
Fire protection - fire hydrants.
(1)
A fire hydrant must be placed at the entrance of the RV park and internally inside the boundaries of the property in such locations so that each recreational vehicle site is located within five hundred (500) feet of a hydrant. Each fire hydrant must be connected to a six (6) inch water main and the minimum flow at the hydrant shall be at least 250 gallons per minute for at least two (2) hours with a minimum of at least 20 pounds of pressure per square inch. The foregoing requirements for fire hydrants which meet the standards set forth in chapter 341 of title 5 of the Texas Health and Safety Code do not, however, require the city to build, retrofit, or improve any water infrastructure in order to ensure that these requirements can be met by for a RV park. If the developer of a RV park wants to have water infrastructure extended to the RV park in order to achieve the foregoing requirements then the owner/developer shall be responsible for payment of all costs, including without limitation, inspections and review of drawings and specifications for such extensions by the city’s engineer, the costs of fire hydrants, main lines, oversized master meters, boring costs, and engineering cost of the owner/developer’s engineer for design and inspections. The city will not suffer or pay any costs associated with extension of water lines or water related infrastructure to service a RV park.
(2)
The fire hydrant provided at the entrance to the RV park shall be located on the same side of the public roadway as the entrance.
(3)
All fire hydrants shall meet all requirements of the American Water Works Association Standards for Dry-Barrel Fire Hydrants, C502-80, as such exists on the adoption date of this article, for post-type, dry-barrel hydrants used in public water supply systems.
(4)
All hydrants shall be of the dry-topped bonnet type with a self-lubrication system or an oil reservoir system. If an oil reservoir is used, the bonnet shall be constructed in such a manner that the oil will not come into contact with water in the waterway when the hydrant is in use. The operating nut shall be pentagon shape, 1-1/2NST. Nut faces shall be uniform and shall be not less than one (1) inch in height. All hydrants shall open counterclockwise.
(5)
All hydrants shall have one (1) 4-1/2 inch pumper outlet and two (2) 2-1/2 inch hose outlets, and all outlet threads shall be national standard. Outlet caps with gaskets shall be furnished with each hydrant. The cap nut shall be pentagon shape, 1-1/2 inch NST.
(6)
Fire hydrants shall be installed so that the 4-1/2 inch steamer connection is not less than fifteen (15) inches or more than twenty-four (24) inches above the finished grade, and shall face the street.
(7)
No obstructions or plantings shall be placed that will restrict the use of the hydrants nor shall any obstruction of any kind be placed within a five (5) foot radius around the fire hydrant.
(8)
All fire hydrants shall be painted red in color.
(9)
The design and location of no-parking signs around the fire hydrants will be approved by the city.
(10)
All buildings within the RV park shall be equipped with fire extinguishing equipment in good working order of such type, size, and number as prescribed by the fire district.
(k)
Stormwater drainage.
If the construction of the RV park will disturb more than one (1) acre of land, then in that event, the owner of the RV park shall be required to comply with TCEQ’s construction general stormwater permit and to follow all TCEQ requirements for management of stormwater drainage. A letter of approval from TCEQ to proceed, after obtaining any required permit, shall be presented to the city at the time of application for approval of operation of a RV park within the city limits or extraterritorial jurisdiction of the city. The ground surface in all parts of the RV park shall be graded and designed to drain all stormwater and any surface water in a safe and efficient manner. Drainage analysis shall be performed by a licensed professional engineer and easements for the conveyance of surface water off-site shall be obtained, if necessary.
(l)
Utilities.
(1)
Electrical service.
Each site within the RV park shall be provided with electrical service. All electrical service shall be installed in accordance with the National Electrical Code. The electrical service shall be installed as follows:
(A)
A master electric meter shall be installed to serve the RV park. Sub-metering or re-metering of RV sites is not permitted.
(B)
The location of all underground lines shall be clearly marked by surface signs at approved intervals.
(C)
Power supply to each site shall be a minimum of one 30-amp and one 50-amp power supply.
(D)
Outlets (receptacles or pressure connectors) shall be housed in an Underwriters’ Laboratories, Inc. approved weatherproof outlet box.
(2)
Water supply.
Each site within an RV park shall be provided with a connection to the city water supply. The city must approve all proposed water facility plans prior to construction. The water distribution system shall be installed as follows:
(A)
The water supply system, fixtures and other equipment must be installed in accordance with the International Building Code which incorporates the provisions of the International Plumbing Code.
(B)
A master water meter shall be installed to serve the RV park. Sub-metering or re-metering of RV sites is not permitted.
(C)
A reduced pressure principal backflow preventer will be required to be placed at the property line on the discharge side of the master meter. In addition, one (1) reduced pressure principal backflow preventer must be placed at each of the connections for each RV site and located on the left side of the site as well as at each water faucet or hydrant provided throughout the RV park. All reduced pressure principal backflow preventers must be tested annually and the results submitted to the city not later than January 1st of each year. Failure to submit the required test reports will cause an immediate suspension of the license to operate the RV park. Provided, however, if TCEQ requires something more than a reduced pressure principal backflow preventer at each RV site, then TCEQ rules will control for the required device.
(D)
Water riser service branch lines shall extend at least four (4) inches above ground elevation. The branch line must be at least 3/4" inch in size.
(E)
Adequate provisions shall be made to prevent freezing of service lines, valves, and riser pipes. Surface drainage shall be diverted from the location of utility connections at each site.
(F)
A shut off valve below the frost line shall be provided near each water riser pipe.
(G)
The licensee or agent/manager shall have complete maintenance responsibility for the water system within the RV park.
(H)
The city has no maintenance responsibility for service lines within the RV park. The responsibility of the city stops at the property line of the RV park.
(3)
Sanitary sewer.
(A)
All sites withing the RV park shall be equipped with a hookup to a public sewage system by way of a branch line and riser pipe at least four (4) inches in diameter.
(B)
The riser pipe shall be capped with a watertight cap or plug when not in use. The sanitary sewer system design and layout must be approved by the city’s engineer prior to construction and connection to the city’s central sanitary sewer system. Any extension of the city’s existing central sewer service shall be at the sole expense of the owner/developer of the RV park and such extension and any required infrastructure, including but not limited to, manholes, inspection ports, clean outs etc. must be approved and agreed to by the city’s engineer. All plumbing leading up to the property line of the RV park and internally in the RV park must comply with all state, federal, and local regulations. A manhole is required at the entrance of the RV park in order to allow for inspection of the flow coming out of the RV park and entering into the city’s sanitary sewer system. All chemicals deposited into the central sewer system of the RV park shall be biodegradable.
(m)
Sanitary disposal stations.
Every RV park shall contain at least one (1) sanitary disposal station for the sole purpose of removing and disposing of wastes from holding tanks of a recreational vehicle in a clean, efficient, and convenient manner.
(1)
Each sanitary station shall consist of a drainage basin constructed of impervious material, containing a disposal hatch and self-closing cover, and related washing facilities.
(2)
The disposal hatch of sanitary station units shall be connected to the sewage disposal system within the RV park. Related facilities required to wash holding tanks and the general area of the sanitary station shall be connected to the RV park water supply system.
(3)
Each sanitary station shall have a sign posted stating “danger - not to be used for drinking or domestic purposes.”
(4)
All sanitary stations must be in accordance with all applicable TCEQ regulations, all other state, federal, and local laws and ordinances.
(n)
Storage sheds and carports.
Storage sheds and carports may be constructed in the parking area portion of each RV site. All construction must adhere to the 2009 International Residential Code adopted by the city.
(o)
Fires.
Fires shall only be made in stoves and other equipment intended for such purposes and placed in safe and convenient locations, where they will not constitute fire hazards to vegetation, undergrowth, trees, and RV’s. No open fires or burning is allowed in the RV park.
(p)
Registration of occupants.
It shall be the responsibility of the owner/licensee or manager of the RV park to keep a current record of the names, addresses, and driver’s license/id card copies, social security number, of the owners and/or occupants of each RV site along with the make, model, year, and license number of each RV and motor vehicle by which it is towed, the state, territory, or country issuing such licenses, and the arrival and departure dates of each occupant. The records must be maintained for at least one (1) year and all records must be made available for inspection or copying to all appropriate governmental agencies, including but not limited to, the city’s police department, county sheriff’s office, city’s fire department, city’s fire marshal, city’s EMS, and city staff.
(q)
Structural additions.
Temporary structures such as canvas awnings, screen enclosures, or platforms, which are normal camping equipment, may be erected but must be removed when the rental space is vacated. No other structural additions shall be built or erected onto or become a part of any RV.
(r)
Refuse disposal.
The storage, collection and disposal of refuse shall be performed so as to minimize accidents, fire hazards, air pollution, odors, insects, rodents, or other nuisance conditions. Any refuse collection facility shall be in a centralized enclosed storage facility. Enclosures may consist of opaque fencing with materials of wood, block, metal, brick, or similar materials. The height of the enclosure shall be sufficient to cut down on wind blowing debris from the enclosure to surrounding areas. Adequate refuse collection and removal shall be the responsibility of the park owner/licensee and/or manager of the RV park. Each site in the RV park shall be located within two hundred (200) feet of refuse collection facility measured along the RV park internal roadways including the major thoroughfare.
(s)
Control of insects, rodents, and other pests.
Grounds, buildings, and structures within the RV park shall be maintained free of the accumulation of high grass, weeds, and debris so as to prevent rodent and snake harborage or the breeding of flies, mosquitoes, or other pests. The RV park owner/licensee and/or manager shall be responsible for maintaining the entire area of the park free of dry brush, leaves, limbs, weeds, and accumulation of stagnant water.
(t)
Tents.
Tents shall be permitted, and their number shall be limited to one tent per rental space. Areas for group tent camping may be established, with following provisions:
(1)
The area set aside for such group use is not a part of any designated open space.
(2)
An adequate number of off-street parking spaces is provided.
(3)
The area is served by one or more water outlets and trash containers.
(4)
The area is located no further than five hundred feet (500) feet from a service facility that contains a bathroom and shower.
(u)
Compliance with city ordinances and regulations.
RV parks are considered to be residential areas and as such all local regulations or ordinances pertaining to residential areas of the city are applicable to RV parks. The RV park is also subject to all relevant city regulations, fees, ordinances, or rules that have been or will be established by the city council. Traffic rules and regulations, including parking regulations are applicable inside of the RV park as well as any animal control ordinances, by way of example, but not by way of limitation.
(Ordinance 339SM adopted 3/14/17; Ordinance 343SM adopted 4/11/17)
(a)
An RV park may be established on any tract of land held in single ownership or unified control provided that the applicant shall show, and the city council shall find:
(1)
That the proposed site for the RV park has an acceptable relationship to a public roadway and is accessible to recreational vehicles without causing disruption to residential areas of the city.
(2)
That the proposed RV park, once completed, will not overload any existing water or sewer systems and that adequate infrastructure is in place to serve the proposed site of the RV park.
(3)
That the proposed RV park, once completed, will not cause any noticeable impact on the city’s drainage system.
(b)
If the city council determines that the proposed site violates any of the foregoing listed areas of concern, the applicant can overcome those concerns or deficiencies by agreeing, at applicant’s sole cost and expense, to construct the necessary infrastructure or improvements that would be required to overcome the deficiencies or concerns of the granting of the approval for the proposed site and payment of all engineering costs and inspection costs, or other costs associated therewith.
(Ordinance 339SM adopted 3/14/17)
The proponent/owner/developer of a recreational vehicle park (RV park), or an expansion thereof, shall make written application for a special use permit. To obtain a special use permit for a recreational vehicle park the applicant must submit the following:
(1)
Submit a completed special use permit application with the appropriate nonrefundable fee set forth in section 14.02.009.
(2)
Submit a sketch plan containing the following items for review and approval of the city council:
(A)
An accurate boundary survey of the property, with bearings and distances, referenced to survey lines and established subdivisions, and showing pertinent data concerning property immediately adjacent thereto in dashed lines.
(B)
Right-of-way lines of streets and alleys; property lines of recreational vehicle sites, parks, and other sites within the recreational vehicle park, with accurate dimensions, bearings or deflection angles, and radii, arcs and central angles of all curves.
(C)
Name and right-of-way width of each street or other right-of-way.
(D)
Location, dimensions and purpose of any easement.
(E)
Purpose for which sites other than the recreational vehicle sites are dedicated or reserved.
(F)
The location of all required setback lines for the recreational vehicle park internally and externally to the RV park.
(G)
The location of all recreational vehicle sites numbered in numerical order, omitting any block numbers.
(H)
The location of all fire hydrants and street lighting or other lighting.
(I)
Location of fencing (include height, design and materials to be used) around trash dumpsters.
(J)
Location of all guest parking sites, including dimensions.
(K)
Location, dimensions and layout of all internal streets or roadways and materials to be used.
(L)
Drainage plan and number of permit granted by TCEQ for stormwater drainage to be attached to the sketch plan.
(M)
Any permits required and/or granted for access, egress, or boring permits required by the Texas Department of Transportation shall be attached to the sketch plan.
(N)
Location, dimensions, set backs and square footage of any buildings that are to be constructed within the RV park.
(O)
Layout and sizing of all water distribution lines and appurtenances for the central water system.
(P)
Layout and sizing of all sewer distribution lines and appurtenances for the central sewer system.
(Q)
Sign locations and descriptions.
(R)
A waiver of claims for damages against the city occasioned by the establishment of grades or the alteration of the surface of any surface or any portion of existing streets and alleys to conform to the grades established in the recreational vehicle park.
(S)
A surveyor’s certificate, produced on the face of the sketch plan according to the following form:
KNOW ALL MEN BY THESE PRESENTS: |
That I, __________, do hereby certify that I prepared this sketch plan from an actual and accurate survey of the land and that the corner monuments shown thereon were properly placed under my personal supervision, in accordance with all applicable federal and state laws and local rules, ordinances and regulations. |
(T)
An approval certificate placed on the face of the sketch plan according to the following form:
Approved for a special use permit this _____ day of _____, 20 _____ by the city council of Petersburg, Texas. |
/s/__________, Mayor. |
(3)
At the time of application for a special use permit the applicant must submit 10 copies of the proposed sketch plan along with two (2) copies of the preliminary engineering survey and drawings for the proposed RV park which shall include utilities, curbs, gutters, paving installations and other improvements proposed for the proposed site.
(4)
City staff shall have ten (10) business days to determine completeness of the application for the special use permit. If found complete a hearing on the [application] of the special use permit will be placed on the agenda for the next city council meeting for approval or disapproval provided however, that the determination of completeness by staff must occur no later than on Wednesday of the week prior to the scheduled city council meeting in order to get the request on the agenda and to meet all applicable open meeting law requirements for notice. If, however, staff determines that the applicant’s submitted application is incomplete staff shall notify the applicant in writing as what issues remain to be completed before the application can be presented to the city council for consideration.
(5)
After a determination of completeness has been made by city staff a recommendation of approval or denial of the special use permit will be prepared by city staff for use by the city council in its deliberations. The staff recommendation will include any specific conditions of approval that city staff believes are necessary in order for the site to be developed into a recreational vehicle park pursuant to the requirements contained in this article or in other sections of this code.
(6)
At the time of consideration of the application for a special use permit the procedure for conduct of the public hearing on the application will be as follows:
(A)
Swearing in of applicant.
(B)
Presentation by the applicant.
(C)
Presentation by city staff.
(D)
Public comment - limited to three (3) minutes for each speaker.
(E)
Applicant’s response to any public comment made or to staffs recommendation.
(F)
Closing of the public hearing.
(G)
Deliberation by city council and action taken on application (city council retains the right to ask additional questions of staff and/or applicant prior to making its final decision).
(H)
City council action may be any of the following:
(i)
To table the item until the next city council meeting.
(ii)
Approve the application as presented.
(iii)
Approve the application with conditions or amendments.
(iv)
Deny the application. If the city council denies the request it shall list the reasons for denial of the application. The reasons for denial must be given to the applicant at the hearing.
(I)
Any of the foregoing actions taken by the city council must be by motion approved by a majority of those voting on the application. A letter indicating the action taken by the city council will be prepared by city staff and given to the applicant within five (5) business days following the hearing. Any approved conditions will be placed on or attached to the sketch plan executed by the mayor. The mayor shall execute any approved sketch plan within five (5) business days of receipt of a fully executed and approved sketch plan containing any and all information agreed to by applicant and the city council at the time of approval.
(Ordinance 339SM adopted 3/14/17)
(a)
License required.
It shall be unlawful for any person to operate any RV park within the city limits unless he/she holds a valid license issued annually by the city in the name of such person for the specific park. The applicant shall make all applications for the license on forms furnished by the city, which shall issue a license upon compliance with the provisions of this article.
(b)
Hearing on denial of license.
Any person whose application for a license under this article has been denied may request, and shall be granted, a hearing on this matter before the city council for approval or disapproval.
(c)
Application for 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 31st of each year. Such application shall contain any changes in information occurring after the original license was issued or the latest renewal granted.
(e)
Approval of transfer.
Every person holding a license shall give notice in writing to the city within ten (10) days after having sold, transferred, given away, or otherwise disposed of interest in or control of any RV park. Application for transfer of a license shall be made within ten (10) calendar days after notification of change covered in this subsection. Within thirty (30) calendar days thereafter, the city shall act on the application for license transfer and it shall be approved if the RV park is in compliance with the provisions of this article.
(f)
Transfer fee.
All applications for license transfer shall be accompanied by the fee set forth in section 14.02.009.
(g)
Suspension.
(1)
Whenever, upon inspection of any RV park, the city finds that conditions or practices exist which are in violation of any provisions of this article applicable to such RV park, the city shall give notice in writing to the owner/licensee and/or manager of the park, and if such conditions or practices have not been corrected in the time frame set forth in the notice, the city manager will suspend the license and the licensee shall immediately cease operation of such RV park. Provided, however, at any time a cross connection is observed which could cause contamination of the city’s water supply the city shall have the right to immediately terminate water service to the RV park and suspend the license to operate the RV park without notice.
(2)
The suspension of any license may be appealed to the city council in the same manner set forth above for a hearing on the denial of a license.
(h)
Exemption.
(1)
The provisions of this article, including but are not limited to, the requirement for a special use permit and/or a license to operate a RV park shall not apply to any existing location which has previously housed or contained up to three (3) recreational vehicles prior to adoption of this article. Provided, however, if at any time any exempt location expands and increases the number of RV housed on the site to an amount greater than three (3) recreational vehicles, then the owner of the property must comply with all of the provisions of this article. Any exemption granted is nontransferable to a subsequent owner of the property containing the exempt RV park.
(2)
All TCEQ regulations relating to cross connections, as well the provisions of all other city ordinances shall be applicable to any property exempt from the requirements of this article.
(Ordinance 339SM adopted 3/14/17)
(a)
Inspections.
(1)
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.
(2)
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.
(b)
Notices, hearings, and orders.
(1)
Notice of violation.
(A)
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 licensee or agent, as hereinafter provided. Such notice shall:
(i)
Be in writing.
(ii)
Include a statement of the reasons for issuance.
(iii)
Allow ten (10) days for compliance.
(iv)
Be served upon the licensee or his/her 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 served in person upon the licensee or sent by certified mail to the address of licensee that has been listed on licensee’s application for the license to operate an RV park. It is the responsibility of licensee to kept licensee’s current address updated if licensee’s address has changed. Service may also be made by posting a copy of the notice on the door or window of the office for the RV park or at the entrance of the RV park.
(v)
Contain an outline of the remedial action(s) that, if taken, will effect compliance with the provisions of this article.
(vi)
After failure to comply with remedial actions listed in the notice in the time frame set forth above, a citation may be issued.
(B)
If any notice has been mailed to the property owner/licensee or their 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.
(2)
Appeal from notice.
Any person affected by any notice that has been issued in connection with the enforcement of any provision of this article applicable to such RV park 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 (4) of this section.
(3)
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 revocation of the license for the RV park affected by the order of the city council.
(4)
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 licensee/owner and/or agent shall be afforded a hearing as soon as possible after issuance of the order. The provisions of subsection (3) above of this section shall be applicable to such hearing and the order issued thereafter.
(c)
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, including dumping of refuse, 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.
(Ordinance 339SM adopted 3/14/17)