[Adopted 7-23-1969 as Ch. 44, Art. I, of the
1969 Code]
As used in this article, the following terms
shall have the meanings indicated:
MOBILE HOME
Any portable structure or vehicle so constructed and designed
as to permit occupancy thereof for dwelling or sleeping purposes.
MOBILE HOME PARK
Any plot of ground upon which two or more mobile homes, occupied
for dwelling or sleeping purposes, are located, regardless of whether
or not a charge is made for such accommodation.
MOBILE HOME SPACE
A plot of ground within a mobile home park designed for the
accommodation of one mobile home.
MULTIPLE DWELLING
Any structure designed and intended to accommodate more than
one family and shall include but is not limited to duplex buildings,
group houses and apartment buildings.
PERSON
Any natural individual, firm, trust, partnership or corporation.
It shall be unlawful for any person to maintain
or operate within the limits of the Borough of Eatontown any mobile
home park unless such person shall first obtain a license therefor.
All mobile home parks in existence upon the effective date of this
article shall, within 90 days thereafter, or such additional time
as may be allowed by the Mayor and Council, obtain such license, and
in all other respects comply with the requirements of this article.
[Amended 3-10-2004 by Ord. No. 6-2004]
A. The sum of $200 shall be paid at the time the license
is issued, which license shall expire on June 30 of each year and
said sum of $200 shall be for a year or any part thereof. Any applicant
that fails to renew its license by July 31 shall pay a late fee of
$25.
[Amended 6-9-2010 by Ord. No. 12-2010]
B. In addition to the $200 paid upon the issuing of the
license, the licensee shall pay the sum of $2 per week for each mobile
home space occupied by any mobile home, which is a part of the license
fee.
[Amended 6-9-2010 by Ord. No. 12-2010]
C. Mobile home space fee.
(1) On or before the 10th day of January, April, July
and October of each year, the licensee shall file with the Clerk of
the Borough on a form furnished by the Clerk, a return under oath
stating the number of mobile home spaces occupied by the mobile homes
in his mobile home park during each of the preceding three calendar
months, the type of each mobile home, the owner of each mobile home
and the state and registration number of each motor vehicle accompanying
it. At the time of filing said return, the licensee shall pay to the
Clerk of the Borough $2 for each week for each mobile home space which
is shown by said report or occupied by a mobile home.
(2) Said $2 paid for each mobile home space occupied for
the time aforesaid shall be part of the license fee to be paid by
the licensee operating said mobile home park, and failure to pay such
additional part of said license fee shall constitute a violation of
this article, and in addition to the penalties imposed herein, said
license may be revoked by the Mayor and Council as provided herein.
Additionally, if the license fees are not paid by the due date set
forth above, then the applicant shall pay an additional late fee at
an interest rate of 18% per annum to be charged to the mobile home
park owner for failure to transmit such fees in accordance with this
article. Delinquency fees which remain unpaid after 30 days shall
become a municipal lien against the real property upon which the mobile
home park is situated. Such municipal lien may be enforced by the
Borough Tax Collector by selling the property in the manner set forth
in N.J.S.A. 54:5-19.
[Amended 2-28-2007 by Ord. No. 2-2007]
(3) If on July 10 of any year the return is not made for
the preceding calendar months, which would be the last three of the
previous year, and the payment required thereunder is not paid, then
such failure to make such report or to pay such money shall constitute
a violation of the then existing license the same as though the license
fee so required to be paid were a part of the year for which the license
is issued.
D. The provisions of Subsection
A shall go into effect on January 1, 2004. All licenses issued from that date until June 30, 2004, shall expire on the latter date and a sum of $50 shall be paid at the time such licenses are issued.
A. Applications for a mobile home park license shall
be filed with the Borough Clerk at least 90 days prior to the renewal
date and issued by the Mayor and Council. Applications shall be in
writing signed by the applicant and shall contain the following:
(1) The name and address of the applicant.
(2) The location and legal description of the mobile home
park.
(3) A complete plan of the park showing compliance with §
207-5 of this article, except for renewals where there are no changes or intended changes to the park.
(4) Plans and specifications of all buildings and other
improvements constructed or to be constructed within the mobile home
park.
(5) Such further information as may be requested by the
Mayor and Council to enable it to determine if the proposed park will
comply with legal requirements.
B. The application and all accompanying plans and specifications
shall be filed in triplicate. The Board of Health and the Site and
Design Committee of the Planning Board shall inspect the proposed
plans and specifications. The Chief of Police shall investigate the
applicant. If the applicant is found to be of good moral character
by the Chief of Police, and if the proposed mobile home park is found
to be in compliance with the provisions of this article and, where
applicable, the Zoning Ordinance of the Borough by the Site and Design
Committee and in compliance with the applicable state codes by the
Board of Health, said officials shall recommend to the Mayor and Council
that the application be approved and upon completion of the park the
Mayor and Council shall issue the license.
C. Upon application for renewal of a license, the applicant
may state that the plan of the mobile home park has not been altered
since the original application, and upon investigation and recommendation
by the Housing Inspector of the Borough, the Mayor and Council may
issue such license without reference to the Chief of Police, Board
of Health and Site and Design Committee of the Planning Board. If
the plan of the park has been altered or shall be within the coming
year the application shall be treated as an original one.
D. Upon application for a transfer of license, the Chief
of Police shall investigate the transferee and issue a written report.
If the transferee is of good moral character the Mayor and Council
shall issue the transfer of license.
[Amended 10-12-2011 by Ord. No. 18-2011]
The mobile home park shall conform to the following
requirements:
A. All provisions concerning layout and construction requirements shall refer to §
89-44 of the Land Use Ordinance and other relevant provisions of the Land Use Ordinance involving mobile homes.
A. An adequate supply of pure water for drinking and
domestic purposes shall be supplied to meet the requirements of the
park and shall be supplied at each mobile home space.
B. Water pressure shall be maintained at all times at
an adequate force to supply each mobile home and all common facilities
with running water sufficient for its reasonable needs.
Each park shall require that all mobile homes
within it have their own toilets and bath or shower facilities.
Waste from showers, bath tubs, toilets, sinks
and laundries shall be discharged into a public sewer system in compliance
with applicable ordinances or into a private sewer and disposal plan
or septic tank system of such construction and in such manner as will
present no health hazard.
Tightly covered metal garbage cans shall be
provided in quantities adequate to permit disposal of garbage and
rubbish. Garbage cans shall be located adjacent to each mobile home
space and shall be of such size, construction, weight and material
as prescribed in the Borough's ordinances. The cans shall be kept
in a sanitary condition at all times. Garbage and rubbish shall be
collected and disposed of as frequently as may be necessary to ensure
that the garbage shall not overflow. Refuse dumps shall be kept in
a sightly condition and shall be screened from public view.
[Amended 5-12-2004 by Ord. No. 15-2004]
Each park shall require that all mobile homes
within it have fire extinguishers in good working order located in
the front and rear doors of the mobile home. No open fire shall be
permitted at any place which would endanger life or property. No
fire shall be left unattended at any time. All electrical distribution
boxes shall be clearly marked as such, and each mobile home space
shall be wired and fused for the mobile home occupying it. Fuel drums
shall be located as distant from the mobile home as prescribed by
the Fire Prevention Board of the Borough. Smoke detectors and carbon
monoxide alarms shall be installed and maintained by individual mobile
home owners and by the mobile home park owners in cases of mobile
homes which are leased. In all mobile homes, detectors and alarms
shall be located within 10 feet of sleeping areas.
No owner or person in charge of dog, cat or
other pet animal shall permit it to run at large or commit any nuisance
within the limits of any mobile home park. All dogs shall be licensed
in accordance with the Borough's ordinance.
[Amended 5-12-2004 by Ord. No. 15-2004]
It is hereby made the duty of licensee to:
A. Keep at all times a register of all occupants (which
shall be open at all times to inspection by the state and federal
officers and Borough officers) showing for occupants:
(1) Name and addresses of all occupants;
(2) Date of entrance and departure of each mobile home;
(4) The make, model, year and license number of all motor
vehicles, mobile homes and trailers.
B. Each licensee shall each quarter submit one current copy of the registry, so far as it pertains to the previous month, setting forth the name and address of the owner and occupant of each mobile home or trailer and shall be delivered to the Borough Clerk at the time set forth in §
207-3. In the event that a space is not occupied by a mobile home or trailer, the copy of the registry shall indicate the period of time the space was occupied.
C. See that this chapter and all other state and local
laws pertaining to mobile home parks are complied with and enforced
and report promptly to the proper authorities any violation of this
chapter or of any other law which may come to his attention.
D. Keep all service buildings, office building, roadways,
walkways and common grounds of the park maintained in good repair
and free of debris, weeds, snow, ice, standing water, health and safety
hazards, obstructions and in a sightly condition.
E. Keep all water, sewer, electrical lines and their
connections and equipment in good and safe operable condition.
F. Distribute or post as required all official notices
or correspondence received by the management pertaining to residents’
responsibilities or rights.
G. Maintain the park in an orderly manner.
H. Maintain regular office hours, a responsible authorized
agent in charge and an emergency telephone number to be accessible
to residents after office hours.
The license certificate shall be conspicuously
posted in the office of or on the premises of the mobile home park
at all times as shall the rules and regulations of the park. Copies
of the rules and regulations shall be given to all park dwellers upon
registration at the park.
[Amended 5-12-2004 by Ord. No. 15-2004]
The Housing Inspector of the Borough shall inspect
the mobile home parks to determine their compliance with this article.
Upon his or her recommendation, the Mayor and Council may revoke any
license to operate and maintain a mobile home park. Such revocation
can be made only after a hearing is given to the licensee, of which
hearing said licensee shall be given at least 10 days notice, together
with specifications of said violation or violations and when the same
occurred.
[Amended 3-10-2004 by Ord. No. 6-2004]
Any person, firm or corporation violating any
provisions of this chapter shall, upon conviction, be subject to a
fine not exceeding $1,250, a term of imprisonment not exceeding 90
days or a period of community service not exceeding 90 days, or any
combination thereof. Each day that a violation is permitted to exist
shall constitute a separate offense. This penalty is in addition to
any revocation proceedings as set forth herein.