[HISTORY: Adopted by the Town Board of the Town of Fulton 9-12-1996 as Ch. 7, § 3c of the 1996 Code; amended in its entirety 6-11-2019 by Ord. No. 2019-11. Subsequent amendments noted where applicable.]
Every person, pursuant to § 66.0435, Wis. Stats., and this chapter, who occupies a space or lot in a mobile home park or at any other location in the Town of Fulton and whose mobile home or manufactured home is not exempt under § 66.0435, Wis. Stats., shall pay a monthly parking fee.
A mobile home or manufactured home is exempt from the provisions of this section if it is an improvement to real property as defined in § 70.043(1), Wis. Stats., or if it is a camping trailer as defined in § 70.111(19), Wis. Stats., or is a recreational mobile home as defined in § 70.111(19)(b), Wis. Stats., which is located in a campground licensed under § 254.47, Wis. Stats., or located on land where the principal residence of the owner of the recreational mobile home is located, regardless of whether or not the recreational mobile home is occupied during all or part of any calendar year.
The mobile home park licensee shall collect all monthly permit fees and forward these amounts to the Town Clerk/Treasurer of the Town of Fulton. The amounts due to the Town of Fulton shall be received by the 10th day following the month the fees are due. The fee shall be calculated pursuant to § 66.0435(3)(c), Wis. Stats.
The mobile home park licensee and the owner of any land wherein a mobile home or manufactured home has been parked shall furnish information to the Town Clerk/Treasurer of the Town of Fulton on forms developed and provided by the State Department of Revenue within five days of the arrival of the mobile home or manufactured home.
Failure to report the information within five days shall, pursuant to § 66.0435, Wis. Stats., and this chapter, subject the responsible person for a forfeiture of $25. Each failure to report is a separate offense.
Failure to pay the monthly tax subjects the person occupying the mobile home or manufactured home, the mobile home or manufactured home licensee and the owner of the land wherein the mobile home or manufactured home is parked to penalties under Chs. 70 and 74, Wis. Stats.
No person shall locate, park, use, own or occupy a mobile home or manufactured home outside a mobile home park in the Town of Fulton.
A person who is presently holding a permit to occupy a manufactured home or mobile home in the Town of Fulton may park, use and occupy the manufactured home or mobile home for residential purposes. This "present permitted" shall be able to continue to occupy and use the manufactured home or mobile home until any of the following occurs:
The manufactured home or mobile home:
Is not occupied or used for residential purposes.
Is not primarily or permanently occupied and used by the present permittee and his or her immediate family.
Is not maintained in a sanitary condition.
Does not comply with Town of Fulton Building Codes, the State of Wisconsin Building Codes and the rules and regulations of the State Department of Commerce, including the State Plumbing Code.
Constitutes a public nuisance.
Is moved to a different premises in or outside the Town of Fulton beyond the specific location wherein the manufactured home or mobile home is currently parked.
The person who occupies the manufactured home or mobile home or the landowner does not pay the monthly fee.
The "present permitted" does not transfer, lease or convey in any way the title to the manufactured home or mobile home to another person outside the immediate family.
As used in this chapter, the following terms shall have the meaning indicated:
- MANUFACTURED HOME
- Either of the following:
- A. A structure, transportable in one or more sections, which in the traveling mode is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities.
- B. A structure which meets all of the requirements of Subsection A except the size requirements, with respect to which the manufacturer voluntarily files a certification required by the Secretary of Housing and Urban Development and complies with the standards established under 42 U.S.C. §§ 5401 to 5425.
- MOBILE HOME
- A vehicle manufactured or assembled before June 15, 1976, designed to be towed as a single unit or in sections upon a highway by a motor vehicle and equipped and used, or intended to be used, primarily for human habitation, with walls of rigid, uncollapsible construction, which has an overall length in excess of 45 feet. "Mobile home" includes the mobile home structure, its plumbing, heating, air-conditioning and electrical systems, and all appliances and all other equipment carrying a manufacturer's warranty.
- MOBILE HOME PARK
- Any plot or plots of ground upon which two or more manufactured homes or mobile homes, occupied for dwelling or sleeping purposes, are located, regardless of whether or not a charge is made for such accommodations.