Town of Fort Edward, NY Chapter 71 Mobile Homes

[HISTORY: Adopted by the Town Board of the Town of Fort Edward 1-10-2005 by L.L. No. 2-2005.[1] Amendments noted where applicable.]

GENERAL REFERENCES

Unsafe buildings — See Ch. 37.

Fair housing — See Ch. 47.

Fire prevention and building construction — See Ch. 51.

Sanitary standards — See Ch. 80A.

Site plan review — See Ch. 81.

Subdivision of land — See Ch. 87.

Zoning — See Ch. 108.

[1] Editor's Note: This chapter also repealed former Ch. 71, Mobile Homes, adopted 6-4-1987 by L.L. No. 1-1987.

§ 71-1 Title.

This chapter shall be known as the "Local Law for the Regulation of Mobile Homes and Mobile Home Parks in the Town of Fort Edward."

§ 71-2 Purpose.

The purpose of this chapter is to promote the health, safety and general welfare of the inhabitants of the Town of Fort Edward by establishing specific requirements and regulations governing the occupancy and maintenance of mobile homes and mobile home parks.

§ 71-3 Definitions.

For the purpose of this chapter, the following words, terms and phrases shall have the meanings ascribed to them in this section:

MOBILE HOME

Any portable vehicle or structure which is designed to be transported on its own wheels or those of another vehicle and which is used or capable of being used as living or sleeping quarters for permanent residence. This definition includes structures built or manufactured in sections which are transported to a building site and assembled, unless the structure conforms to the same codes, standards and requirements of the New York State Uniform Fire Prevention and Building Code which apply to site-built structures.

MOBILE HOME LOT

A designated site located within a mobile home park for the accommodation of one mobile home and its occupants.

MOBILE HOME PARK

Any parcel of land which is planned and improved for the placement of two or more mobile homes which are used as dwellings.

§ 71-4 License required for mobile home parks.

Any person, partnership, association or corporation being the owner, lessee or occupant of any land within the Town of Fort Edward shall not use or allow the use of such land for a mobile home park unless a license has been obtained as herein provided.

A. Issuance of license. Upon satisfaction of the necessary requirements by an applicant, the Town Clerk of the Town of Fort Edward shall issue a mobile home park license, to be effective from the day of issuance to and including December 31 of that same year.

B. For a proposed mobile home park not yet in existence, a mobile home park license will not be issued until the Town Clerk has received:

(1) A properly completed application form from the applicant.

(2) A copy of the deed or ground lease evidencing the applicant's ownership or control over the property on which the proposed mobile home park would be located.

(3) Copies of all approvals required and issued by the New York State Department of Health.

(4) Payment of the required fee as herein provided.

(5) Written confirmation by the Town Building Inspector and/or Zoning Administrator that the proposed mobile home park is located within the Mobile Home Overlay District.

(6) Written confirmation that the proposed site was inspected by the Town Building Inspector /Zoning Administrator and meets all pertinent requirements of this chapter.

(7) Written confirmation that the proposed site has received site plan approval from the Planning Board in accordance with Chapter 81 of the Town Code and payment of fees as required for site plan review and payment of any other fees specified for mobile home parks in the amount adopted by the Town Board pursuant to Town Code §50-1 and listed on the Fee Schedule.[1]

[Amended 6-13-2005 by L.L. No. 6-2005]

[1] Editor's Note: The Fee Schedule is on file in the Town offices. See § 50-1.

C. Existing mobile home parks. A mobile home park which is in lawful existence and use as of the effective date of this chapter may continue in use in accordance with the following requirements:

(1) The property owner must obtain a mobile home park license for such park by March 31, 2005. The initial license application requirements for such an existing mobile home park are as follows:

(a) Submission of a properly completed application form to the Town Clerk, together with:

[1] Eleven copies of a suitable current dated map of the mobile home park and surrounding area, including adjacent streets and roads, showing all existing mobile home sites, consecutively numbered; and

[2] A copy of a receipt or acknowledgement from the Chief of the Fort Edward Fire Department showing the Department has received a copy of the map described in Subsection C(1)(a)[1] above; and

[3] A written statement or report from the Town Building Inspector or Zoning Officer affirming that he or she has inspected the mobile home park and the mobile homes in it within 30 days of the date of application and that both the park and the mobile homes comply with all applicable code provisions, regulations and requirements of law governing fire safety and health and sanitary standards.

(b) Payment of the required license fee as provided for below.

(2) Such mobile home park must be brought into compliance with all requirements of this chapter applicable to new mobile home parks, except location within the Mobile Home Overlay District, on or before March 31, 2010, as follows:

(a) On or before March 31, 2006, the owner of any mobile home park in existence prior to the effective date of this chapter shall either provide notice to the Planning Board in writing that such park will be closed and all mobile homes removed therefrom on or before April 30, 2010, or submit to the Planning Board for approval a written plan detailing the specific steps the owner will take, and the target dates for their completion, to bring such preexisting mobile home park into compliance by March 31, 2010, with the requirements of this chapter governing new mobile parks. Failure to comply with the requirements of this subsection shall be punishable by a fine of up to $750. Following issuance of an initial notice of violation for failure to provide such notice or submit such a plan, each subsequent thirty-day period during which the owner of such a preexisting mobile home park fails to submit such a plan or written notification shall constitute a separate violation punishable by a separate fine of up to $750. If unpaid by the owner, such fine(s) may be levied as a tax upon the property on which the subject mobile home park is located.

(b) The Planning Board shall promptly review any plan submitted in accordance with Subsection C to determine whether the plan addresses all necessary requirements for the subject mobile home park to come into compliance with the provisions of this chapter. In the event the plan does not, the Planning Board shall return the plan with its comments and the owner of the subject park shall then have 60 days to submit a revised plan incorporating changes necessary to satisfy the requirements of Subsection C(2)(a). The Planning Board may engage the services of an engineer and/or other appropriately qualified professional as needed to assist the Board in evaluating any plan or revised plan submitted hereunder. Fees incurred for such assistance shall be paid by the owner of the subject park.

(c) If the owner of such a preexisting mobile home park fails to bring the park into compliance with the requirements of this chapter applicable to new mobile home parks, except the requirement of location within a Mobile Home Overlay District, by March 31, 2010, such owner shall close such mobile home park and remove all mobile homes therefrom by April 30, 2010. Failure to comply with this provision shall result in the imposition of a fine of $1,000 for each day thereafter that such mobile home park remains open and/or any mobile home(s) remain(s) therein. In the event the owner of such a noncompliant park timely filed a plan in accordance with Subsection C(2)(a), above, and made diligent efforts to bring such park into compliance but, due to circumstances beyond the owner's control, the park does not comply by March 31, 2010, the Planning Board may, upon application submitted on or before March 31, 2010, and upon good cause shown, grant an extension of time for compliance. Absent the prior timely filing of the required plan or, if such a plan was timely filed, absent diligent efforts to bring about compliance and a timely application for an extension of time to comply, if the owner of such a preexisting park fails to voluntarily close such park and remove all mobile homes therefrom by June 30, 2010, the Town may do so and charge any expenses it incurs in doing so as a tax against the property.

D. Supplemental license. Any person holding a license for a mobile home park and desiring to add additional lots to such park or replace one or more existing mobile homes in such park or make any other modifications to land use within the park or to the site plan for such park shall file an application for a supplemental license. The application for a supplemental license shall be handled according to the procedure established in Subsection B above, except that a mobile home park lawfully in existence prior to the effective date of this chapter shall not require a certification under Subsection B(5) that it is located within such Overlay District. The Planning Board may, in its exercise of reasonable discretion, waive site plan review for a supplemental license application depending upon the nature of the changes proposed to the mobile home park.

E. License renewal. An initial license (including any related supplemental license) issued pursuant to the above provisions shall expire on December 31 of the year in which it is issued, Any mobile home park that will continue operating beyond such expiration date shall obtain a renewal license, as follows:

(1) An application for the renewal of any mobile home park license which was issued in accordance with the provisions of this chapter must be filed with the Town Clerk on or before December 1 preceding the expiration of the license. The renewal application need not be accompanied by a plan of the park unless changes have been made to it, nor is it necessary that the application be accompanied by a copy of the ground lease (if applicable) unless a new lease or a lease renewal has been entered into subsequent to the time of filing previous application.

(2) Upon payment of the required fee and the approval of the Town Building Inspector or Zoning Administrator following an inspection of the park to verify compliance with applicable codes and regulations, the Town Clerk shall issue a renewal license to be effective upon the expiration of the previous license and continue in force for a period of one year. Such renewal license shall not be transferable or assignable. A new owner or lessee of the park must apply for a new license in accordance with the provisions above.

(3) The owner and/or lessee of a mobile home park shall be responsible for promptly providing updated information as necessary to insure that the Town has complete and current information, as required in this chapter, on such park at all times.

F. License fees. The applicant for an initial license for a new or existing mobile home park, or the renewal thereof, shall pay the Town Clerk a fee in the amount adopted by the Town Board pursuant to Town Code §50-1 and listed on the Fee Schedule.[2] With regard to the issuance of such a license or its renewal, in the event the Building Inspector or Zoning Administrator provides at least 10 days' advance notice of intent to conduct an inspection of a mobile home park in order to ascertain compliance with applicable codes and regulations, if he or she must visit such mobile home park more than once in order to do a complete code compliance inspection, and such additional visit(s) are necessitated by a failure of the owner or operator of the park, or any of its inhabitants, to cooperate in affording access necessary for such inspection, the license fee shall be multiplied by the number of visits necessary to perform a complete inspection. The applicant for a supplemental license for a mobile home park shall pay the Town Clerk a one-time license fee in the amount adopted by the Town Board pursuant to Town Code § 50-1 and listed on the Fee Schedule.[3] As for the initial issuance of a license, or a renewal thereof, the fee shall be multiplied by the number of visits required for the Building Inspector or Zoning Administrator to perform a complete code compliance inspection if multiple visits are necessitated by the failure of the owner, operator or inhabitants of the park to cooperate in affording access necessary for such an inspection.

[Amended 6-13-2005 by L.L. No. 6-2005]

[2] Editor's Note: The Fee Schedule is on file in the Town offices. See § 50-1.

[3] Editor's Note: The Fee Schedule is on file in the Town offices. See § 50-1.

§ 71-5 Application for license for new mobile home park.

A. Each application for a license for a new mobile home park not yet in existence shall be in writing and signed by the applicant. The application and related information shall be filed with the Town Clerk in duplicate. In addition, the applicant shall provide the Planning Board with the necessary number of copies, as specified in Chapter 81 of the Town Code, required for site plan review.

B. The Town Clerk shall refer one copy to the Building Inspector and/or Zoning Administrator for review and confirmation that the proposed mobile home park is located within the Mobile Home Overlay District. The Building Inspector and Zoning Administrator, after review, shall transmit the application to the Planning Board within 30 days of filing, together with his or her written statement as to whether the new mobile home park, as proposed, would meet or not meet the minimum health, fire safety, and sanitary standards as defined and required by the New York State Department of Health and other New York agencies, along with any other comments or recommendations to the Town Planning Board.

C. The Planning Board shall review the application form, plan, the statement of the Building Inspector and/or Zoning Administrator together with any recommendations he or she may make and shall further review the general arrangement of the park and factors that may affect the health, safety and welfare of the Town and its inhabitants consistent with the provisions of Chapter 81 of the Town Code governing site plan review. As provided therein, the Planning Board may engage the services of an engineer or other appropriately qualified professionals to assist it in evaluating the application and supporting materials. Fees incurred for such assistance shall be paid by the applicant. In accordance with the provisions and requirements of that chapter, the Planning Board shall render a decision approving, approving with conditions and/or modifications, or disapproving the application and shall notify the applicant in writing of its decision. The application shall be returned to the Town Clerk to be filed with the Planning Board's decision. If the application is approved, the Town Clerk may issue a license to the applicant upon satisfaction of the other requirements necessary for its issuance, as set forth in § 71-4B, above.

D. Application data. The application, and all copies thereof, shall be accompanied by a complete set of plans prepared and certified by an appropriate professional licensed by the State of New York. The plans shall be drawn to scale and shall include the date, preparer's stamp and/or certification, preparer's signature, and North point. In addition to the elements required in Chapter 81 for site plan review, the plans shall show or provide the following:

(1) Legal data:

(a) The name and address of the applicant or applicants.

(b) The location and description of the land to he used.

(c) The number of lots in the proposed mobile home park.

(2) Physical features:

(a) Location of watercourses, marshes or areas subject to flooding.

(b) Location of all wetlands on the property.

(c) Wooded areas.

(3) Proposed development, including but not limited to:

(a) The location and widths of all entrances, exits and streets.

(b) Location, size, lot number and arrangements of each lot within the park.

(c) The method and plan for electric lighting.

(d) The location and plan of any proposed structures and improvements.

(e) Any proposed grading and landscaping.

(f) Any proposed stormwater drainage.

(g) Proposed utilities.

(h) Source of water supply.

(i) Proposed method of sewage disposal.

(j) Proposed location of consolidated mailboxes and trash storage collection centers.

§ 71-6 Mobile home park requirements.

A. Site. The park shall be located on a well-drained site where soil conditions are suitable and shall be properly graded. Brush shall be cleared from the site so as to reduce fire hazard. The park shall be at least 20 acres in size, with 100 or more feet of frontage on a public road, with 100 feet of setback from said road, and properly landscaped subject to state and local laws.

B. Mobile home lots. Each mobile home park shall be marked off into mobile home lots, and each lot shall be numbered. Each mobile home lot shall have an area of not less than 15,000 square feet.

C. Mobile home. No mobile home shall be parked or otherwise located nearer than a distance of:

(1) At least 70 feet to an adjacent mobile home in any direction.

(2) At least 75 feet from a mobile home park property line.

(3) At least 100 feet from a public street or highway.

(4) At least 25 feet to the nearest edge of any roadway located within the mobile home park.

D. Accessibility.

(1) Each mobile home park and each unit in such park shall be easily accessible from an existing public highway. Where a mobile home park has more than six mobile homes, two points of entry and two points of exit from one or more public roads or streets must be provided. Two combination entry/exit points, each having separate entry and exit lanes of at least standard size, shall be permissible.

(2) All entrances and exits shall be at right angles or nearly so to the public highways and designed for the safe and convenient movement into and out of the park.

(3) All entrances and exits shall be free of any obstruction which would impede the visibility of the driver on the public highway or street.

(4) Each park shall have improved streets for the convenient access to all mobile home lots and other facilities.

(a) Streets shall be built to meet Town and county specifications, as applicable.

(b) The street system shall be designed to permit safe and convenient vehicle circulation within the park.

(c) Streets shall intersect at right angles or nearly so or shall be a design acceptable to the Planning Board.

(d) All streets shall have two-way traffic, meeting Town standards and regulations, and shall have traffic-calming features.

(e) Except in cases of emergency, no parking shall be allowed on such streets.

(f) All streets within the mobile home park shall remain as private roads and all maintenance and repair of them shall be the park owner's responsibility.

E. Parking: At least two off-street parking spaces shall be provided on each mobile home lot, and each parking space shall have a minimum width of nine feet and length of 20 feet. Additional off-street parking spaces shall be provided for guests and delivery and service vehicles. The surface of parking spaces shall be crushed stone or concrete or asphalt paving.

F. Utilities and service facilities. The following utilities and service facilities shall be provided prior to the occupancy of any lots by mobile homes within such development, which shall be in accordance with the regulation and requirements of the New York State Department of Health:

(1) An adequate supply of potable water for drinking and domestic purposes shall be supplied by pipes to all mobile homes and facilities in the park. Each site shall be provided with proper and sanitary water connections.

(2) Each mobile home shall be provided with a sewer to receive the waste from such home. The sewer shall be connected to a public sewer system or code-compliant private sewer system approved by the Department of Health so as not to present a health hazard. Sewer connections in unoccupied lots shall be scaled to prevent the emission of any odors. Septic systems serving individual mobile home lots shall not be permitted.

(3) Garbage, trash and rubbish shall be disposed of as necessary. The owner or operator of the mobile home park shall be responsible for arranging for the regularly scheduled pick-up and removal of such wastes from the park, the frequency of which shall be often enough to prevent any accumulations which might cause health, insect, pest or animal problems, or which might be unsightly. A park owner or operator is encouraged to consider establishing consolidated or centralized trash facilities within the park to minimize the potential for such problems.

(4) No community laundry facilities shall be permitted in any mobile home park unless suitable plans for waste disposal have been approved by the New York State Department of Health.

(5) Each mobile home lot shall be provided with weatherproof electric service connections and outlets which are a type approved by the New York State Board of Fire Underwriters.

(6) Mailboxes for park residents shall be at one location or shall be consolidated at as few locations as reasonably practicable, and shall be in conformity with the regulations of the U.S. Postal Service.

G. Recording. The owner or operator of each mobile home park shall keep a written record of all persons renting mobile home lots within such park and/or occupying the mobile homes located within such park. This record shall be available as to each such renter and/or occupant for a period of at least three years after termination of tenancy and/or occupancy.

H. Mobile home construction.

(1) The roof cannot be a flat roof or "shed" roof.

(2) The mobile home must be at least 20 feet wide and must bear the seal of the United States Department of Housing and Urban Development.

(3) The wheel-tongue shall be removed within 30 days of placement on site within a mobile home park.

(4) Each mobile home shall be set upon a foundation constructed as follows:

(a) The frost walls of the foundation shall extend a minimum of 48 inches below grade and a maximum of 24 inches above grade as measured from the lowest point of grade immediately surrounding the mobile home.

(b) Material: Masonry block, mortared in place, minimum block width of eight inches on poured reinforced concrete slab, and/or poured concrete foundation.

(5) All building practices shall conform to standard engineering procedures and all applicable federal, state and local laws, codes, rules, regulations and requirements.

§ 71-7 Mobile homes outside of mobile home parks.

A. Public places. No mobile home or travel trailer shall be located outside, parked or allowed to remain upon any street, alley, highway or other public place, except that emergency stopping or parking when caused by mechanical failure shall be permitted upon the shoulder of any street or highway for a period of not more than 24 hours, subject, however, to any prohibition or limitation imposed by other ordinance, regulation or law.

B. Prohibition. No mobile home shall be parked, placed or sited within the Town of Fort Edward outside of a licensed mobile home park.

C. Existing mobile homes. Any mobile home lawfully in existence and not located in a licensed mobile home park as of the effective date of this chapter may remain in place, provided that:

(1) If the owner wishes to replace an existing mobile home or relocate an existing mobile home on the same lot, he or she shall first apply to the Planning Board for site plan approval as provided for under Chapter 81 of the Town Code. Any such relocation or replacement shall meet all applicable requirements herein and the applicable zoning provisions. A replacement mobile home shall meet all requirements of § 71-6H above. If required under state laws or regulations, or if necessary in the judgment of the Planning Board to protect the health and safety of the occupants of the property and/or other properties in the area, if the existing mobile home is served by a septic system, that system shall be repaired, modified or replaced in order to meet current NYS Health Department standards and requirements prior to the siting of the replacement or relocated mobile home.

(2) An applicant seeking to replace or relocate an existing mobile home shall submit a complete site plan application form and a site plan drawing to the Planning Board. The site plan drawing shall be drawn to an appropriate scale and shall otherwise comply with the requirements of Chapter 81 of the Town Code governing site plan review. The applicant shall additionally provide a description of the foundation upon which the mobile home will be placed, as well as the manufacturer's model designation (name, number, etc.) and the year of manufacture for the mobile home to be sited.

(3) An existing mobile home located outside a mobile home park must be used exclusively as living quarters for not more than one family, whether seasonal or year round.

D. Application procedure for replacement or relocation of pre-existing mobile home on the same lot.

(1) The applicant shall submit 11 copies of the permit application and 11 copies of the plan drawn to scale as provided for under Subsection C(2) above, together with a completed short SEQRA environmental assessment form to the Town of Fort Edward Building Inspector.

(2) The Building Inspector shall forward the application to the Planning Board, together with his comments.

(3) At a public meeting the Planning Board shall discuss the application and review the application with the assistance of the Building Inspector and Town Engineer, if applicable. The Planning Board may engage the services of an engineer and/or other appropriately qualified professional to assist the Board in evaluating the application and any supporting materials. Fees incurred for such assistance shall be paid by the applicant. Following its review the Planning Board shall determine whether the application is complete.

(4) Following the Planning Board's approval of a resolution deeming the application complete, a public notice shall be given and a public hearing shall be held by the Planning Board on the proposed mobile home. The notice shall be placed within the officially designated newspaper with a minimum of five days' notice of the public hearing.

(5) Within 45 days of the close of the public hearing the Planning Board shall approve the application, or approve the application with modifications or conditions, or disapprove the application. In the event that the Planning Board disapproves the application it shall notify the owner, in writing, of the disapproval and of the reason for the disapproval.

(6) The decision of the Planning Board shall be filed in the Town Clerk's office.

E. No waiver of requirements. Planning Board approval for the placement or siting of a mobile home pursuant to provisions herein shall not be deemed to waive compliance with any statute, rule, regulation, code or ordinance of the State of New York, Washington County or the Town of Fort Edward, including, but not limited to, the zoning codes and health and sanitary codes of the Town of Fort Edward and/or Washington County.

F. Inconsistency and supersession. If there is any inconsistency between this section and other Town of Fort Edward local laws and zoning ordinances, this section shall prevail and supersede the other provisions.

§ 71-8 Enforcement.

A. Zoning Administrator authorized to enforce. The Zoning Administrator or Building Inspector of the Town of Fort Edward is hereby authorized to enforce all the provisions of this chapter.

B. Authorization to enter onto private property. For the purpose of determining compliance with the provisions of this chapter and any related chapter, the Building Inspector or Zoning Administrator may, subject to state laws, enter upon private property, including new and existing mobile home sites and mobile parks, and enter into any mobile homes and other structures in any mobile home park and at the site of any mobile home, at reasonable times and hours, and shall be further empowered to enter a mobile home park for the purpose of recording the number of developed lots at the effective date of this chapter and any time thereafter.

C. Notice of violation. Whenever, in the opinion of the Building Inspector after proper examination and inspection, there appears to exist a violation of any provision of this chapter, the Building Inspector is hereby authorized to serve a written notice of violation upon the owner of the premises.

D. Notice of violation; contents. A notice of violation issued under the authority conferred by Subsection C, above, shall inform the recipient of the following:

(1) The nature and details of the violation(s).

(2) Remedial action necessary to come into compliance with the provisions of this chapter.

(3) The date by which the violation(s) must be removed or otherwise remedied.

(4) Potential penalties for failure to timely comply and remove or otherwise remedy violation(s).

E. Extension of compliance deadline. The Building Inspector may extend the date of compliance in the notice of violation after written application if, in his opinion, there is reasonable evidence of attempt to comply and that reasonable conditions exist which prevent compliance by the specified date.

§ 71-9 Revocation of license.

A. Revocation of license. If the Building Inspector or Zoning Administrator finds and reports to the Town Board that a mobile home park for which a license has been issued is not being maintained in a clean and sanitary condition or it is not being operated in accordance with the provisions of this chapter, the Town Board may, by resolution, authorize the personal service upon the holder of the license of a written order which will require the holder of the license to correct the conditions specified in such order within 10 days after service. If the holder of such license shall fail to correct or refuse to correct the condition or conditions specified in such order, the Town Board may, by resolution, revoke such license, and the holder of the license shall thereupon terminate the operation of such mobile home park or trailer camp within 30 days of such resolution. However, if the owner or operator of such mobile home park shall thereafter correct such conditions and bring the mobile home park in compliance with this chapter, such owner may apply for the issuance of a new license, and, if the application is approved and a license granted, the applicant shall pay to the Town Clerk the required fee without any credit for the fee paid for the license which was revoked.

B. Revocation of license for mobile homes outside of parks. If the Building Inspector and/or Zoning Administrator finds and reports to the Town Board that any mobile home outside a licensed mobile home park is not being maintained in accordance with the provisions of this chapter, the Town Board may serve a written order upon the holder of the license and/or owner or occupant of mobile home directing that the conditions therein specified be remedied within 30 days after date of service. If such condition or conditions are not corrected within 30 days, the Town Board may, after a hearing, revoke such license, and the mobile home shall be removed from the premises within 30 days of such revocation by the owner. If the owner fails to remove such mobile home, the Town may arrange for its removal and charge the owner for the expense, which shall he levied as a tax against the property if the owner declines to reimburse the Town.

§ 71-10 Penalties for offenses.

Building Inspector action and penalties are as follows:

A. In addition to other remedies, the Building Inspector may institute any appropriate action or proceedings to prevent such unlawful erection, placement, construction, reconstruction, alteration, repair, conversion, maintenance or use, or to restrain, correct or abate such violation, or to prevent the occupancy of said structure or land and to prevent any illegal act, conduct or business use in or about any noncompliant premises.

B. Unless otherwise specified elsewhere in this chapter, any person, firm or corporation violating any provision of this chapter shall be punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense. Conviction of an offense under this chapter committed within a period of five years after a first or prior conviction shall be punishable by a fine of not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both. Conviction of an offense under this chapter with two prior convictions within the previous five years shall be punishable by a fine of not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. Any or all of the foregoing penalties may be modified or supplemented by such other penalties as the Town Board may prescribe in any schedule of penalties it may adopt.

C. In addition to the payment of any fine and/or imprisonment for any period which may be imposed as punishment for a violation, a violator shall be obligated to correct all violative conditions on his or her property.

D. For purposes of conferring jurisdiction upon courts and judicial officers generally, violations of this section shall be deemed misdemeanors, and for such purpose only all provisions of law relating to misdemeanors shall apply to violations hereunder unless otherwise specified. When a violation of any of the provisions of this chapter is continuous, each week or portion thereof shall constitute a separate and distinct violation.

§ 71-11 Exceptions.

The following shall be exempt from the provisions of this chapter:

A. The business of mobile home or travel trailer sales, except where the units are used as living quarters.

B. The storage of mobile homes or travel trailers, not being used for living purposes, within a building.

C. A mobile home or trailer located on the site of a work project which is used solely as an office or storage facility (and not for any overnight occupancy) in connection with the work project, provided that it is removed within 30 days after completion of such project.

D. A sectional house (modular home) which is built or manufactured in sections, which are transported to the building site, then assembled and placed on a permanent and enclosed masonry foundation, and which conforms to the same codes, standards and requirements of the New York State Uniform Fire Prevention and Building Code that apply to site-built structures, and which contains a minimum of 720 feet of living space.