A.
No person, firm, organization, agency, partnership or corporation shall place or cause to be placed any mobile home as defined herein upon any parcel of land or in any mobile home park lot unless an outstanding and valid installation permit for such mobile home has first been issued by the Town of Barton approving such installation of the mobile home upon a particular parcel of land or a particular mobile home lot prior to the placement of the same thereon. Any person, firm, organization, agency, partnership or corporation found guilty of violating this section shall be subject to such fine and penalties as set forth in § 97-43 below.
B.
No person shall occupy nor shall any person, firm, organization, agency, partnership or corporation permit to be occupied any mobile home on any mobile home lot, without first complying with the provisions of this chapter and obtaining a certificate of occupancy from the Town of Barton. No person shall place any mobile home as defined herein upon any parcel of land in the Town of Barton not in a mobile home park as defined herein, without first complying with the provisions of the Town of Barton Code and obtaining a building permit from the Town of Barton. Any person, firm, organization, agency, partnership or corporation found guilty of violating this section shall be subject to such fine and penalties as set forth in § 97-43 below.
C.
No person, firm, organization, agency, partnership or
corporation shall place or cause to be placed any mobile home as defined herein
upon any parcel of land not owned by the owner of the mobile home within the
Town of Barton unless an outstanding valid mobile home park permit has been
issued by the Town of Barton or the State of New York, as applicable, approving
such parcel of land as a mobile home park and the placement of a particular
mobile home in question on it prior to the placement of the same thereon.
This chapter shall be enforced by the Code Enforcement Officer, who
is authorized and has the right in the performance of duties to enter any
mobile home, mobile home lot or mobile home park lot to make such inspections
as are necessary to determine compliance with this chapter or any other applicable
laws, codes, rules and regulations, ordinances and local laws. Such entrance
and inspection shall be accomplished at reasonable times or at any time in
an emergency and whenever it is necessary to protect the public interest.
Owners, agents, operators or occupants of a mobile home, mobile home lot or
mobile home park lot shall be responsible for providing access within their
control for the Code Enforcement Officer in the furtherance of his or her
official duties.
It shall be the duty of the Code Enforcement Officer:
A.
To make initial inspections for occupancy certificates
for mobile homes placed in mobile home lots or mobile home park lots.
B.
To investigate all complaints made under this chapter.
C.
To enforce this chapter by inspection for compliance
and, in the case of violations, to prosecute the responsible persons in a
court of competent jurisdiction.
D.
To request the Town Board to take appropriate legal action
on all violations of this chapter and to provide such applications and forms
as are necessary to implement the provisions of this chapter.
When unnecessary hardships or practical difficulties make strict compliance with any requirement of this chapter unreasonable or impossible, a request for a variance may be submitted to the town pursuant to the procedure set forth in Chapter 79, Fire Prevention and Building Construction, of the Town of Barton Code. The Town Board may vary or waive the provisions of this chapter only as minimally as may be necessary upon the required showings and facts as presented.
A.
Upon determination by the Code Enforcement Officer that
there has been a violation of any provision of this chapter, notice of such
violation shall be given to the person responsible for obtaining or maintaining
the building/installation/occupancy permit for the mobile home, mobile home
lot or mobile home park lot in violation. Such notice shall be in writing
and shall state the nature of the violation and the remedial actions necessary
to correct it. The notice shall also specify the dates by which remedial action
must be taken to correct such violation.
B.
The Code Enforcement Officer may bring an appropriate legal proceeding to punish the responsible person for such violation or, in an appropriate case and with the prior approval of the Town Board, a proceeding to enjoin such violation. (See § 97-43 for penalties.)
C.
Whenever the Code Enforcement Officer determines that
an emergency exists which requires immediate action to protect the public
health, safety or welfare, he may issue an order stating the existence of
such emergency and require that such action be taken as may be deemed necessary
to protect the public health, safety and welfare.
D.
Occupancy certificates, building permits or installation
permits may be invalidated for a conviction of a violation of this chapter
if the violation has not been corrected.
The provisions of this chapter shall be held to be minimum requirements.
Whenever the requirements of this chapter are at variance with the requirements
of any other lawfully adopted codes, rules, regulations, ordinances or local
laws, the more restrictive, or those imposing the higher standards, shall
prevail.
Mobile homes and mobile home lots lawfully placed in the Town of Barton
on the effective date of this chapter may be maintained in their existing
placement unless they:
