This chapter shall be known and may be cited as the "Brecknock Township
Mobile Home Park Ordinance."
On or after the effective date of this chapter, no person shall operate
a mobile home park or establish a mobile home park in the township, except
as authorized by this chapter and only after having obtained a license for
the operation of mobile home park in accordance with this chapter and obtaining
all other approvals required by applicable ordinances, including but not limited
to zoning and subdivision and/or land development approval.
Application for a license to operate a mobile home park shall be made
in writing by any mobile home park operator under oath and in the form prescribed
by the Board of Supervisors of the township and shall contain the name and
address of the applicant. The application shall also contain the address and
description of the premises upon which the mobile home park is to be operated;
the names and addresses of any owner or owners of said property, if other
than the applicant; any structures erected on the premises; and a description
of the operation plan for said mobile home park. If the applicant is a partnership
or association, the application shall furnish the names and addresses of all
partners. If the applicant is a corporation, the application shall furnish
the names and addresses of each officer and director thereof. The application
shall be signed by the applicant, if the applicant is an individual; by all
members of the association or partnership, if the applicant is an association
or partnership; or by the president and attested by the secretary, if the
applicant is a corporation.
No license issued under this chapter shall be transferred or assigned
or used by any person other than the one to whom it was issued, and no mobile
home park operator's license shall be issued at any location other than the
one prescribed in the application upon which it is issued.
Any mobile home park operator shall pay an annual license fee as established
by the then-current fee schedule established by resolution of the Board of
Supervisors. All licenses shall be valid for a term of one (1) year from the
date of issuance.
All mobile home park licenses shall be conspicuously posted upon the
premises operated as a mobile home park.
All mobile homes shall have a minimum of five hundred (500) square feet
of floor space.
The owner and/or operator of the mobile home park shall be responsible
for the maintenance of the recreational area. Failure to properly maintain
the recreational area shall constitute a nuisance. In the event that the recreational
area is not maintained, the township may proceed to remedy such deficiency
by enforcement of any applicable township ordinance, by injunctive relief
or by performing the necessary maintenance and assessing the cost of such
maintenance, plus a penalty in the amount of fifteen percent (15%) of the
cost of such maintenance, against the owner and/or operator and filing such
cost and penalty as a municipal claim against the property. Maintenance of
the recreational area by the township shall not relieve the owner and/or operator
from prosecution or penalties as provided under this chapter or other applicable
ordinances.
Every mobile home park shall contain an electrical wiring system consisting
of wiring, fixtures, equipment and appurtenances which shall be installed
and maintained in accordance with local electrical power company specifications.
Each mobile home connection to this electrical distribution system shall be
inspected by an approved underwriters' electrical inspection agency and shall
be grounded in accordance with the electrical power company specifications
and the National Electric Code prior to the electric power being energized.
Any mobile home park operation license shall be subject to revocation by the township for the violation of this chapter or other applicable ordinances or of any applicable laws of the Commonwealth of Pennsylvania or any rules and regulations promulgated by any agency of the commonwealth. Any revocation of the license shall be made by written notice to the mobile home park operator setting forth the grounds for such revocation, and appeals from the revocation of a mobile home park license shall be made as provided in §
70-7B of this chapter. Upon revocation of a license, the mobile home park shall be permitted to continue operation in order that the occupants of the mobile home park will not be subject to hardship, but no new mobile homes may be installed within the mobile home park until a new application shall be made and granted. Such application shall contain reasonable assurances to prevent further violations of the ordinances or laws or regulations which were violated. The revoked license may be reissued for the remainder of the period for which it was issued upon compliance of the license holder with all conditions for the reissuance. No person shall expand or install mobile homes within a mobile home park during the time period when a license shall have been revoked.
Any person operating a mobile home park without obtaining a license
as provided for by this chapter or for violation of any of the requirements
of this chapter shall, upon conviction, be subject to a fine not exceeding
six hundred dollars ($600.), plus costs of prosecution, or, in default of
payment thereof, to a term of imprisonment of not more than thirty (30) days.
Each day's violation shall be considered a separate offense.
The Board of Supervisors is hereby empowered to take any action at law
or equity to enforce the provisions of this chapter, and this chapter shall
in no way impair or restrict remedies otherwise provided by any other law
or ordinance.
The Board of Supervisors of the township or the duly authorized agent
thereof may at any time enter upon and inspect the licensed premises for which
an application under this chapter is pending.
Nothing in this chapter shall be construed to affect any suit or proceeding
pending in any court or any rights acquired or liability incurred or any permit
issued or approval granted or any cause or causes of action arising prior
to the enactment of this chapter.