It shall be unlawful for any person to construct, alter, extend or operate
a mobile home park within the Borough of Downingtown, unless and until he
obtains the following:
A.
A valid permit issued by the Chester County Health Department,
in the name of the operator, for a specified construction, alteration or extension
purposes; and
B.
A permit issued by the Borough of Downingtown Code Enforcement
Officer in the name of the operator, which shall not be issued until a copy
of the Health Department permit has been furnished, all permits for water
supply and sewage systems shall have been obtained and all other requirements
contained herein have been complied with and final approval of the application
has been granted by the Borough Council.
In addition to the initial permits, the operator of a mobile home park
shall apply to the Chester County Health Department and to the Downingtown
Code Enforcement Officer on or before the first day of December of each year
for an annual license to continue operation of the mobile home park. The Code
Enforcement Officer shall issue an annual license from the Borough only upon
satisfactory proof that the park continues to meet the standards prescribed
by state and county agencies having jurisdiction and the standards of this
chapter. The license so issued shall be valid for one year from the date of
issuance.
A.
Fees for the initial application and preliminary and
final approvals shall be as prescribed by resolution of the Borough Council.
B.
The fee for the annual license shall be as prescribed
by resolution of the Borough Council and shall be submitted to the Code Enforcement
Officer with the application for the annual license.
A.
Upon notification to the licensee, manager or person in charge of a mobile home park, the Code Enforcement Officer or his designated representative may inspect a mobile home park at any reasonable time to determine compliance with this chapter or with the Chapter 287, Zoning, or Chapter 256, Subdivision of Land, of the Borough of Downingtown.
B.
Upon receipt of the application for an annual license
and before issuing such annual license, the Code Enforcement Officer or other
designated Borough representative shall make an inspection of the mobile home
park to determine compliance with this chapter. The Code Enforcement Officer
or his representative shall thereafter notify the licensee of any instances
of noncompliance with the ordinance and shall not issue the annual license
until the licensee has corrected all such violations.
Where the applicant or licensee feels that the Code Enforcement Officer
has failed to follow procedures or has misinterpreted or misapplied any provision
of this chapter in the review of an application for a mobile home park permit
or an annual license renewal, he may appeal such action to the Downingtown
Zoning Hearing Board, in accordance with Section 909 of the Pennsylvania Municipalities
Planning Code, as amended.[1]
[1]
Editor's Note: Repealed 12-21-1978 by P.L. 1329; see now 53 P.S. § 10909.1.
No permit issued under this chapter shall be transferable to a different
location. No person holding a permit under this chapter shall extend or reduce
the area of any mobile home park, add any new facility or structure or eliminate
any existing facility or structure until notice of such proposed change shall
have been given to the Code Enforcement Officer and the Code Enforcement Officer
shall have ascertained, after investigation as in the case of an original
application for a permit, that such proposed change is in accordance with
all requirements of this chapter, and shall have signified that fact by his
written approval.
The park manager shall maintain a register containing the number of
occupied mobile home pads and the names of all park occupants. Such register
shall be available to any authorized person inspecting the park. The manager
shall notify the appropriate offices, in accordance with state and local taxation
laws, of the arrival and departure of each mobile home. The register shall
be submitted to the Borough has part of the application for renewal of the
mobile home park's annual license.
No mobile home shall be removed from any mobile home park without first
obtaining a removal permit from the Borough Tax Collector, as required by
Act No. 54 of 1969 of the Pennsylvania Legislature.[1] Such permit shall be issued upon payment of a fee of $2 and real
estate taxes assessed against the home and unpaid at the time the permit is
requested.
[1]
Editor's Note: See 72 P.S. § 5020-407.