[HISTORY: Adopted by the Village Board of the Village of
Birnamwood 8-22-2005 by Ord. No.
05-08-02. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
All structures constructed on a mobile home lot apart from
the basic mobile home unit, and shall include awnings, cabanas, storage
cabinets (or sheds), carports, windbreaks, attached porches and garages.
A mobile home which does not have complete bathroom facilities.
A minor private way used by vehicles and pedestrians on a
mobile home lot or used for common access to a small group of lots
or facilities.
The total area reserved for exclusive use of the occupants
of a mobile home.
A manufactured transportable single-family dwelling unit
suitable for year-round occupancy, containing water supply, waste
disposal and electrical conveniences, and is ready for occupancy except
for minor and incidental unpacking and assembly operations at the
site; and as defined in Ch. 66, § 66.0435(1), Wis. Stats.
A parcel of land located in a mobile home park for the placement
of a single mobile home and the exclusive use of its occupants.
A parcel of land which has been developed for the placement
of mobile homes and is owned by an individual, a firm, trust, partnership,
public or private association, or corporation.
That part of the individual lot which has been reserved for
the placement of one mobile home unit.
The person who owns or has charge, care or control of the
mobile home park.
An enclosed space designed to provide auxiliary general storage
space for an individual mobile home.
All mobile home developments and modifications of or additions
or extensions to existing development shall comply with the following:
A.
Chapter SPS 326, Wis. Adm. Code, as now existing or hereafter amended,
is hereby made a part of this chapter and incorporated herein by reference
as if fully set forth, except that such regulations shall not be deemed
to modify any requirement of this chapter or any other applicable
law or ordinance of the state or Village.
B.
No mobile home development shall be laid out, constructed or operated
without Village water and sanitary sewer service.
C.
All liquid wastes originating at units or service or other buildings
shall be discharged into a sewerage system extended from and connected
with the public sewerage system. Such systems shall comply with all
provisions of the state code and Village ordinances relating to plumbing
and sanitation. Each individual space shall be provided with a three-inch
watertight sewer connection protected from damage by heaving and thawing
or parking of the unit, with a continuous grade which is not subject
to surface drainage, so constructed that it can be closed when not
in use, and trapped in such a manner that it can be kept odor-free.
D.
Adequate provision shall be made for the disposal of solid and liquid
wastes in a manner approved by the Village Board. Open burning of
waste or refuse is prohibited.
A.
No mobile home development shall be laid out, constructed or operated
without Village water and sanitary sewer service.
B.
All refuse containing garbage shall be collected at regular intervals.
Where suitable collection service is not available from public or
private agencies, the mobile home park operator shall provide this
service. In no instance may disposal of the waste be carried out through
incineration on the mobile home park site.
C.
All television cable systems, electrical and telephone distribution
lines and oil or gas piping serving the development or spaces therein
shall be installed underground. Distribution systems shall be new,
and all parts and installations shall comply with all applicable federal,
state and local codes.
D.
Each space shall be provided with direct electrical service of not
less than 100 amperes for 220-volt service.
A.
In addition to the records kept and fees collected for the normal
operation of the mobile park by the owner/manager, the Village of
Birnamwood requires the mobile home park owner/manager to keep the
following records and collect the following fees for the Village.
The fees shall be collected monthly from the mobile home park occupants
and paid to the Village on a regular schedule approved by the Village.
The Village shall have the right to collect the fees in the absence
of an owner/manager, during a transition period, or whenever it is
deemed necessary by the Village Board.
(1)
Maintain a register of all mobile home park occupants, to be open
at all times to inspection by state, federal and municipal officers,
which shall show:
(a)
Names and addresses of all owners and occupants of each mobile
home.
(b)
Number of children of school age.
(c)
State of legal residence.
(d)
Dates of entrance and departure of each mobile home.
(e)
Make, model, year and serial number or license number of each
mobile home and towing or other motor vehicles and state, territory
or country which issued such licenses.
(f)
Place of employment of each occupant, if any.
(g)
The records for each mobile home unit shall be kept on a form
supplied by the Village, or a similar form approved by the Village,
and be signed by both the occupant and mobile home park owner/manager.
(2)
Monthly property tax fee. This fee will be determined by the Village
and is based on the value of the mobile home unit and the state mobile
home tax fee formula.
(3)
Water/sewer utility fee. This fee will be based on actual cost of
metered service, average cost of similar households, or calculated
fees based on total metered service fees for the mobile home park.
(4)
Any other utility or service fee required or used by the mobile home
park.
B.
Park owner/manager shall notify park occupants of all applicable
provisions of this chapter and inform them of their duties and responsibilities
under this chapter.
C.
The park owner/manager shall supervise the placement of each mobile
home on its mobile home stand, which includes securing its stability
and installing all utility connections.
D.
The park owner/manager shall have each mobile home unit, new or used,
inspected by the Village Building Inspector or designated agent, and
an occupancy permit shall be issued before allowing the mobile home
unit to become occupied.
E.
The park owner/manager shall have each mobile home unit that changes
ownership, occupancy, or is unoccupied for a period of 30 days or
more inspected by the Village Building Inspector and Village Health
Officer, or their designated agents, and a new occupancy permit issued
before allowing the mobile home unit to become reoccupied.
F.
Notify mobile home park occupants of the provisions of this chapter
and inform them of their duties and responsibilities and report promptly
to the proper authorities any violations of this chapter or any other
violations of law which may come to their attention.
G.
Maintain mobile home park grounds, buildings and structures free
of insect and rodent harborage and infestation and accumulations of
debris which may provide rodent harborage or breeding places for flies,
mosquitoes and other pests.
H.
Maintain the mobile home park free from growth of noxious weeds.
I.
Allow inspections of mobile home park premises and facilities at
reasonable times by municipal officials or their agents or employees.
J.
The park owner/manager shall notify and furnish such information
as required to the Village Clerk-Treasurer and/or Village Assessor
of mobile home units added to the park within five days after arrival
in accordance with § 66.0435(3)(c) and (e), Wis. Stats.
A.
Mobile home park occupants shall comply with all applicable requirements
of this chapter and regulations issued hereunder and shall maintain
their mobile home space, its facilities and equipment in good repair
and in a clean and sanitary condition.
B.
Park occupants shall be responsible for proper placement of their
mobile homes on the mobile home stand and proper installation of all
utility connections in accordance with the instructions of the park
management.
C.
Mobile homes shall be parked only on the mobile home stands provided
and shall be placed thereon in accordance with all requirements of
this chapter and mobile home park requirements.
D.
The park occupant shall maintain the connection and proper operation
of all utility services, including water and sanitary service connections,
to their mobile home unit.
E.
No mobile home unit shall be occupied without proper connection and
operation of municipal water and sanitary sewer services.
F.
No person shall discharge any wastewater on the surface of the ground
within any mobile home park.
G.
If permitted in the park, no owner or person in charge of a dog,
cat or other pet animal shall permit it to run at large or to cause
any nuisance within the limits of any mobile home park.
H.
No mobile home owner or occupant shall conduct in any unit or any
mobile home park any business or engage in any other activity which
would not be permitted in single-family residential areas in the Village.
I.
The park occupant shall store and dispose of all his or her rubbish
and garbage in a clean, sanitary and safe manner. The garbage container
shall be rodent-proof, insect-proof and watertight.
J.
Porches, awnings, and other additions shall be installed only if
permitted and approved by the park management and after obtaining
a permit from the Village Building Inspector, if necessary. When installed,
all porches, awnings and additions shall be maintained in safe and
good repair. The space immediately below a mobile home shall be for
storage if permitted by the park management. If permitted, the following
conditions shall be satisfied:
K.
It shall be the duty of every resident of the mobile home park to
give the management thereof or its designated agent access to any
part of such mobile home park at reasonable times for the purpose
of making such repairs or alterations as are necessary to effect compliance
with this chapter.
A.
Accessory structures remain, as per definition, dependent upon the
mobile home and shall not be used as complete independent living units
with permanent provisions for sleeping, cooking and sanitation. Such
structure shall be erected, constructed and occupied on a mobile home
lot as directed by the management of the mobile home development,
as required by applicable state or local standards, and as specified
in this chapter.
B.
Accessory structures shall be designed in a manner that will enhance
the appearance of the mobile home development.
C.
Accessory structures shall not obstruct required openings for light
and ventilation of the mobile home and shall not prevent inspection
of mobile home equipment and utility connections.
D.
Construction and electrical installations shall comply with Village
building codes and ordinances.
A.
Grounds, buildings and structures shall be maintained free of insect
and rodent harborage and infestation. Extermination methods and other
measures to control insects and rodents shall conform to the requirements
of the Village ordinances.
B.
The mobile home park shall be maintained free of accumulations of
debris which may provide rodent harborage or breeding places for flies,
mosquitoes and other pests.
C.
Storage areas shall be so maintained as to prevent rodent harborage;
lumber, pipe and other building material shall be stored at least
one foot above the ground.
D.
Where the potential for insect and rodent infestation exists, all
exterior openings in or beneath any structure shall be appropriately
screened with wire mesh or other suitable materials.
E.
The growth of brush, weeds and grass shall be controlled to prevent
harborage of ticks, chiggers and other noxious insects. The park shall
be so maintained as to prevent the growth of ragweed, poison ivy,
poison oak, poison sumac and other noxious weeds considered detrimental
to health. Open areas shall be maintained free of heavy undergrowth
of any description.
A.
The Village President or his or her authorized agent is authorized
and directed to make such inspections as are necessary to determine
satisfactory compliance with this chapter.
B.
The Village President or his or her authorized agent shall have the
power to enter at reasonable times upon any private or public property
for the purpose of inspecting and investigating conditions relating
to the enforcement of this chapter.
C.
The Village President or his or her authorized agent shall have the
power to inspect the register containing a record of all residents
of the mobile home park.
D.
It shall be the duty of the park owner/manager to give the Village
President or his or her authorized agent free access to all lots at
reasonable times for the purpose of inspection.
E.
The Building Inspector is authorized and directed to make inspection
when he or she has valid reason to believe that a violation of this
chapter has occurred.
F.
The Building Inspector is authorized to enter and inspect all mobile
home parks and mobile home units subject to the provisions of this
chapter between 8:00 a.m. and 5:00 p.m. (except Sundays and holidays),
for the purpose of determining whether there is compliance with the
provisions of this chapter. He or she shall give the occupant thereof,
or if there be none, then the owner thereof, reasonable notice of
his or her intent to inspect the premises and may then make his or
her inspection only if he or she is given permission to do so. In
the absence of such permission, he or she shall obtain a search warrant
before entering the premises. However, if delay in inspection would
pose a serious and imminent threat to human life, health or property,
he or she may enter the premises without such permission or notice
and with or without a search warrant, as the circumstances may prescribe.
The Inspector and the owner or occupant in charge may agree to an
inspection by appointment at a time other than during the hours specified
above.
G.
If any owner, occupant or other person in charge of a mobile home
park or home subject to the provisions of this chapter refuses, impedes,
inhibits, interferes with, restricts or obstructs entry and free access
to any part of the structural premises where inspection authorized
by this chapter is sought, the Inspector may seek from any court of
competent jurisdiction an order that such owner, occupant or other
person in charge cease and desist with such interference.
H.
Whenever the Building Inspector determines that there has been a
violation or that there are reasonable grounds to believe that there
has been a violation of any provisions of this chapter, he or she
shall give written notice of such violation alleged to the party responsible
for maintaining the premises in compliance with this article or an
agent as designated in writing and:
Any person may apply for a variance from the provisions of this
chapter to the Village Planning Committee.
Any person feeling aggrieved by any order or ruling of the Building
Inspector may appeal from such order or ruling to the Board of Appeals
within five calendar days after written notice of such order or ruling
being delivered to the aggrieved person. Such appeal shall be in writing
and shall be filed with the Village Clerk. A majority of the voting
members of the Board of Appeals shall be sufficient to sustain the
order of the Building Inspector.
A.
If the Building Inspector shall determine that a mobile home park
or mobile home is in such a condition as to constitute a public nuisance
and that there is a great danger to the public health, safety and
welfare, and if the owner, or occupant if appropriate, refuses to
comply with the orders within the time prescribed, the Building Inspector
shall cause the use of such mobile home park or mobile home to be
posted unfit for human habitation, occupancy or use by posting a placard
containing the following words: "These premises or mobile home cannot
be used for human habitation, occupancy or use."
B.
It shall further be the duty of the Building Inspector to notify
the owner or occupants, whichever applies, that such premises or mobile
home is unfit for human habitation, occupancy or use, and shall not
be occupied until approved by the Building Inspector.
