Village of Blasdell, NY Chapter 149 MOBILE HOMES

[HISTORY: Adopted by the Board of Trustees of the Village of Blasdell 2-4-1974. Amendments noted where applicable.]

GENERAL REFERENCES

Planning Commission — See Ch. 51.

Building construction — See Ch. 100.

Flood damage prevention — See Ch. 122.

Zoning — See Ch. 267.

§ 149-1 Title.

This chapter shall be known as the "Mobile Home Court Ordinance" of the Village of Blasdell, New York.

§ 149-2 Purpose.

The purpose of this chapter is to promote the health, safety, protection and general welfare of the inhabitants of the Village of Blasdell, including those living in mobile homes, in the following manner:

A. By the regulation of mobile homes in courts and the requirement that all mobile home courts be properly licensed in the Village of Blasdell by the Village Board.

B. By the requirement that mobile home courts can be established only in accordance with the plans for same as approved by the Village Board after review and recommendation by the Village Planning Commission.

C. By the promulgation of standards and regulations for the design and operation of mobile home courts.

§ 149-3 License required for parking; exceptions.

A. No premises in the Village of Blasdell shall be used for the parking or locating of a mobile home unless such use is allowed by license obtained as provided for in this chapter.

B. No license shall be required for the storage of an unoccupied mobile home completely within a garage or other enclosed structure in the Village of Blasdell. No license shall be required for a mobile home parked or located in a duly licensed mobile home court.

§ 149-4 Location of mobile home courts.

From the effective date of this chapter, all duly licensed mobile home courts shall be established in locations consistent with applicable provisions of Chapter 267, Zoning.

§ 149-5 Temporary parking.

A. The Village Clerk of the Village of Blasdell, upon written application and upon payment of required fees as established by the Village Board,

Editor's Note: A complete schedule of fees is on file in the office of the Village Clerk and may be examined there during regular office hours.

shall issue a license to park or to display for sale a single mobile home, subject to the following terms and conditions:

(1) A license to park, but not occupy, a single mobile home in any nonresidential district of the village as defined by Chapter 267, Zoning, may be issued for a period not to exceed one year, provided that the mobile home is so located as to be inconspicuous from a public highway.

(2) A license to offer or display for sale, but not occupy, a single mobile home in any nonresidential district of the village as defined by Chapter 267, Zoning, may be issued for a period not to exceed 90 days, the location thereof to be subject to the approval of the Village Board.

B. Temporary emergency parking of a mobile home on premises, public or private, in the Village of Blasdell while awaiting repairs shall not require a license nor be considered in violation of this chapter but shall be subject to any other restrictions imposed by law, ordinance or parking regulations.

§ 149-6 Existing mobile homes and mobile home courts.

A. With the prior approval of the Village Board, the Village Clerk shall issue a license to park and occupy a mobile home outside of a duly licensed mobile home court to the owner or occupant of a mobile home who was residing and occupying such mobile home on premises in the Village of Blasdell outside a mobile home court on the effective date of this chapter. Such license may continue in force and effect until one year from the effective date of this chapter. No such license shall be issued after one year from the date this chapter becomes effective. The aforesaid license issued for up to one year shall not be renewed unless by special permission of the Village Board. Said license approval by the Village Board shall be given only after the Village Clerk has received a written application for same and all fees for same, as established by the Village Board, have been paid.

B. All mobile home courts in existence at the time of the effective date of this chapter shall be required to obtain a license within two years of the effective date of this chapter. Upon written application and the payment of required fees, as established by the Village Board,

Editor's Note: A complete schedule of fees is on file in the office of the Village Clerk any may be examined there during regular office hours.

and subsequent to the license approval by the Village Board, the Village Clerk shall issue said license to the owner or operator of said premises.

§ 149-7 Licensing procedures for mobile home courts.

A. A mobile home court license shall expire on the 31st day of December following the date of issuance, but may be renewed, subject to the provisions of this chapter, for additional periods of one year each. If the initial license does not coincide with the December 31st date, the fee for said license for the additional period shall be prorated.

B. The original application for a mobile home court license shall be filed with the Village Clerk. Such application shall be accompanied by five copies of the court site plan, drawn to scale, and such plan shall be prepared by a professional engineer or land surveyor duly licensed by the State of New York and such plan shall be approved by the Erie County Health Department. Such plan shall also indicate such other information as may be required to establish complete compliance with this chapter, as defined in § 149-11 of this chapter, and one copy of said court site plan shall be distributed by the Village Clerk to each of the following: the Assessor, the Building Inspector or the Enforcement Officer of this chapter, the Village Planning Commission, the Superintendent of the Department of Public Works and the office of the Village Clerk.

C. Application for a renewal of a mobile home court license shall be filed with the Village Clerk, and after receiving approval for such renewal from the Enforcement Officer, the Village Clerk shall issue such renewal license for the prescribed fee.

D. Upon receipt of the original application and the proper fee, as established by the Village Board, the Village Clerk shall refer said application to the Village Board. The Village Board shall, in turn, refer the application to the Village Planning Commission for study and recommendations. Following the favorable recommendation of the Planning Commission to the Village Board, the Enforcement Officer shall determine if all other provisions of this chapter have been complied with. If compliance is found, the Village Board shall approve said application and direct the Village Clerk to issue a license.

§ 149-8 Standards for mobile home courts.

Mobile home parks, when authorized by the Village Board, shall be permitted in the R-3 Districts. All mobile home parks planned as a unit shall be located on tracts of land at least 10 acres in size. Such mobile home courts shall comply with any requirements of the State of New York for mobile home parks and with the following additional regulations.

§ 149-9 Applicability.

Unless otherwise provided in this chapter, the following standards shall apply to all mobile home courts, their establishment, maintenance and operation, in the Village of Blasdell after the effective date of this chapter. They shall also apply at such times as a license is reissued unless otherwise provided for in this chapter.

§ 149-10 Variances.

An exception to the above § 149-9 may be granted by the Village Board where said Board finds that because of unusual circumstances or shape of premises, topography of premises or other existing conditions, extraordinary hardship would result from strict compliance with the following standards for mobile home courts, in which case said Board may vary the applicability of said standards so that substantial justice may be done and the public interest served. No variance shall be granted which will have the effect of nullifying the intent or purpose of this chapter or the requirements of the Erie County Health Department.

§ 149-11 Mobile home court site plans.

A mobile home court site plan, prepared by a licensed engineer or licensed land surveyor and approved by the Erie County Health Department, shall be filed with the Village Clerk. The site plan shall show:

A. The location, boundaries, dimensions and topography of the tract of land proposed to be used for the mobile home court.

B. The number, location and size of all spaces reserved for independent mobile homes and all service outlets or connections therefor.

C. The boundaries of and facilities to be included in recreation areas.

D. The location, size and electric lighting plan for roads, walks and outdoor areas.

E. The location of service buildings and any other proposed structures.

F. The location, type and capacity of water supply, distribution and storage, sewage treatment and disposal and stormwater drainage facilities.

G. Plans and specifications for all service buildings and other improvements constructed within the mobile home court.

H. Plans for any and all landscaping within and/or on the perimeter of the mobile home court.

I. The location proposed for the storage of any and all unoccupied mobile homes.

J. Such other information in such detail as may be reasonably required by village and county reviewing authorities.

§ 149-12 Mobile home court design standards.

A. Each mobile home unit shall be at least 50 feet wide and contain a minimum of 3,500 square feet of which no more than 20% shall be occupied by the mobile home stand. This mobile home stand shall be not less than a six-inch-thick concrete slab. Each mobile home unit shall abut on a court street with access to a public highway. Such units shall be clearly defined and mobile homes shall be parked in such units so that no mobile home will be:

(1) Less than 20 feet from any other mobile home.

(2) Less than 50 feet from any public right-of-way. However, the Planning Commission of the village may, for stated reasons, recommend a greater setback. The minimum setback as approved by the Village Board shall not be used for accessory uses, such as recreation or vehicular parking. If such setback area is part of the mobile home court premises, such setback area shall be satisfactorily landscaped as designated on the mobile home court site plan and maintained in a mowed condition.

(3) Less than 25 feet from any property line of property abutting the mobile home court site.

(4) Less than 10 feet from any court street.

(5) Less than 15 feet from the rear line of any mobile home court unit.

B. Suitable vehicular access shall be provided to each mobile home court unit. Each court street shall be well marked and continuous and shall connect with a street or highway at an angle of 90°, and at least a twenty-four-foot width shall be improved and maintained with an all-weather hard surface on a suitable base, subject to the approval of the Village Superintendent of Public Works. All court streets shall be illuminated as per standards required for residential subdivisions of the Village of Blasdell.

[Amended 10-14-1974 by L.L. No. 5-1974]

C. The driveway shall not be less then eight feet in width and shall be improved and maintained with an all-weather hard surface on a suitable base, subject to the approval of the Village Superintendent of Public Works. The driveway shall extend a minimum of 20 feet beyond the required ten-foot unit front setback, but in no case shall it extend beyond the mobile home stand.

D. An area or areas restricted to recreational uses shall be provided in each mobile home court. A minimum of 500 square feet per mobile home court unit shall be made available in one or more places within the court for this use. The Planning Commission of the village may require suitable fencing and landscaping of such areas for screening purposes.

§ 149-13 Service buildings in mobile home courts.

A. Each mobile home court shall be provided with one or more service buildings which shall:

(1) Be located at least 20 feet from any mobile home unit, court street, road or driveway.

(2) Be of moisture-resistant material with well-drained floors to permit washing and cleaning.

(3) Be of permanent construction and adequately lighted.

(4) Have adequate heating facilities to maintain a temperature of 70° F. during cold weather and to supply a minimum of three gallons of hot water per hour per mobile home court unit during the time of peak demands.

(5) Have all rooms well ventilated, with all openings effectively screened.

(6) Provide automatic commercial washing and drying machines at the ratio of two washers and one dryer for each 25 mobile home court units. For over 25 occupied mobile home court unit spaces there shall provide four washers and two dryers. Said facilities shall be maintained in proper operating condition at all times.

B. Standards adopted by the Erie County Department of Health shall be used to determine the sufficiency of toilet and laundry facilities provided in any and all mobile home courts in the village of Blasdell. If applicable standards are not published, the Enforcement Officer of this chapter shall determine said sufficiency of facilities provided.

§ 149-14 Utilities in mobile home courts.

A. No mobile home court license shall be issued unless and until the water system thereof is connected to and serviced by a public water supply and distribution system and approved by the Erie County Health Department. The water system of a mobile home court shall be connected by pipes to each mobile home stand and to each service building. No common drinking cups or other utensils shall be permitted. Drinking water facilities shall not be placed in any toilet room or water closet compartment.

B. All plumbing in a mobile home court shall be constructed and maintained in accordance with standards approved by the Erie County Health Department and with all applicable state and local laws and regulations.

C. All waste from showers, tubs, toilets, laundries, faucets, sinks and lavatories shall be wasted into a public sewer system or a private disposal system whose design, capacity, construction and operation are approved by the Erie County Health Department. Each mobile home court unit shall be provided with a satisfactory sewer connection approved by the Erie County Health Department.

D. An electrical outlet shall be provided for each mobile home stand. The installation of said outlet shall comply with standards approved by the American Insurance Association or its successors and with all applicable state, county and village laws and regulations. The use of coal, coke or wood for heating, lighting or cooking shall be prohibited in all mobile homes and in any service building.

§ 149-15 Refuse disposal in mobile home courts.

The storage, collection and disposal of refuse in a mobile home court shall be so managed as to create no health or accident hazards, rodent harborage, insect-breeding areas or pollution of air or water. All refuse shall be stored in flytight, watertight, rodentproof containers, which shall be provided in sufficient number and capacity to prevent any refuse from overflowing. Insect and rodent control measures to safeguard public health, as recommended by the Erie County Health Department, shall be applied in all mobile home courts.

§ 149-16 Fire protection in mobile home courts.

Each mobile home court area shall be subject to the fire prevention rules and regulations of the Fire Prevention Code of the Village of Blasdell. Each mobile home court shall maintain in each mobile home at least one carbon dioxide fire extinguisher of approved size and design, or its equivalent, in proper working order.

§ 149-17 Management of mobile home courts.

A. Every mobile home court owner or operator shall maintain a register containing a record of all mobile homes and occupants using the mobile home court. Such register shall be available to any authorized person inspecting the mobile home court and shall be preserved for the period required by the Enforcement Officer. Such register shall contain:

(1) The names and addresses of all mobile home occupants residing in the court.

(2) The make, model and license number and the name and address of the owner of each motor vehicle and mobile home parked in the court.

(3) The dates of arrival and departure of each mobile home.

B. In every mobile home court there shall be a building in which shall be located the office of the operator or person in charge of said court. A mobile home may be approved by the Village Board to serve as said office instead of a separate building, but must be identified as the office. A copy of the court license and a copy of this chapter and all subsequent amendments thereto as may be made from time to time by the Village Board shall be posted in said office. The court register shall at all times be kept in said office.

C. It is hereby made the duty of the attendant or person in charge, together with the license, to:

(1) Keep the court register.

(2) Maintain the court in a clean, orderly and sanitary condition at all times.

(3) Prohibit the use of any mobile home by a greater number of persons than it is designed to accommodate.

(4) See that the provisions of this chapter are complied with, including the collection and payment to the Village Clerk of any mobile home occupancy fees now or hereafter required by said chapter to be paid in connection with the occupancy of the mobile home court.

§ 149-18 Supplemental regulations.

A. It shall be unlawful to remove wheels from a mobile home or otherwise permanently to affix such mobile home to the ground. Such attempted removal and/or affixation shall subject such mobile home and the owner thereof to the applicable provisions of Chapter 267, Zoning, relative to residential development and occupancy.

B. It shall be unlawful to increase the living or storage space of any mobile home licensed hereunder or located in a duly licensed mobile home court without first obtaining a permit from the Enforcement Officer. This shall not preclude or prohibit the erection of a storm shelter or seasonal enclosure thereon, provided that a permit is secured therefor, and provided that storage space is not afforded in the storm shed. Awnings or canopies may be attached to mobile homes and an outdoor unenclosed patio may be constructed to the rear of the front setback without securing permits therefor.

C. No occupied mobile home shall be located in a mobile home court in any area other than upon a mobile home court unit.

D. Mobile home courts shall at all times be maintained in a clean and sanitary manner in accordance with the provisions of this chapter and with any other requirements imposed as a condition of granting a license or the renewal thereof. Nothing in this chapter shall be construed to abrogate any of the provisions of the Erie County Health Department or of the Public Health Law of the State of New York, as the same now provide or as the same may hereafter be amended. In the event of inconsistencies existing between the provisions of this chapter and said code or law, said code or law shall govern.

E. From the effective date of this chapter, no mobile home or trailer court, park or camp in existence on the effective date of this chapter in the Village of Blasdell shall be expanded, enlarged or extended in any way until such premises and the mobile home usage thereof are in full compliance with the provisions of this chapter and which premises and mobile home occupancy, upon inspection by the Enforcement Officer, are determined to be eligible for a license as a duly licensed mobile home court in the Village of Blasdell.

§ 149-19 Inspection; violations; penalties for offenses.

A. Before a mobile home court commences operation, the Enforcement Officer shall make an inspection of the premises to determine that all of the requirements of this chapter have been complied with, before he grants and issues a certificate of occupancy.

B. If the Enforcement Officer finds that such mobile home court is not being maintained in a clean, orderly and sanitary condition or that such mobile home court is not being operated in accordance with the provisions of this chapter, he shall serve upon the licensee, his agent or employee an order, in writing, directing that the conditions therein specified be remedied within five days after service of such order. If, after the expiration of said period, such conditions are not corrected in accordance with the said order, the Enforcement Officer shall serve a notice, in writing, upon such mobile home court licensee, requiring the licensee to appear before the Village Board of the Village of Blasdell at a time to be specified in such notice and show cause why such license should not be otherwise revoked. The Village Board may, after a hearing at which the testimony and witnesses of the Enforcement Officer and the licensee shall be heard, revoke said license if the conditions described in the original order have not been corrected or if the licensee has violated or caused to be violated any of the other provisions of this chapter not so cited in the original order of the Enforcement Officer. Upon the revocation of such license, the premises affected shall forthwith cease to be used for the purpose of a mobile home court and all mobile homes shall be removed therefrom within a period of time as indicated by the revocation action of the Village Board.

C. Any person who violates any provision of this chapter shall be guilty of a violation and subject to a fine of not more than $250 or to imprisonment for not more than 15 days, or to both such fine and imprisonment. The imposition of any penalty for a violation of this chapter shall not excuse the violation or permit it to continue.

Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 149-20 Administration; enforcement; fees.

A. The Village Clerk and the Enforcement Officer are directed to maintain one copy of this chapter and all revisions and amendments thereto in their respective offices where they may be inspected by any interested person.

B. Unless otherwise provided by action of the Village Board, the Building Inspector of the Village of Blasdell shall be the Enforcement Officer of this chapter. It shall be his duty and responsibility to perform all tasks assigned to the Enforcement Officer by the provisions of this chapter.

C. It shall be the duty of the Village Clerk to perform all tasks assigned to him by the provisions of this chapter. Among other duties, the Village Clerk shall collect, record and turn over to appropriate village officials all moneys received from license applications, license renewals, permits and such other certifications as provided for in this chapter or by the Village Board.

D. Fees for licenses, applications, renewals, permits and such other authorizations by the Village of Blasdell as provided for in this chapter shall be established by the Village Board by type and amount.

Editor's Note: A complete schedule of fees is on file in the office of the Village Clerk and may be examined there during regular office hours.

§ 149-21 Amendment.

This chapter may be amended from time to time by action of the Village Board, subsequent to proper public notice and public hearing on any ordinance amendment as prescribed in the Village Law.

§ 149-22 Word usage; definitions.

A. When not inconsistent with the context, words used in the present tense in this chapter include the future tense. Plural and singular connotations are interchangeable. The word "person" includes a firm, partnership or corporation as well as an individual, whether tenant, owner, lessee, licensee, agent, heir or assignee. The word "shall" is always mandatory. The word "used" includes the term "designed or intended to be used."

B. For the purposes of this chapter, the following words shall have the meanings ascribed to them in this section:

BUILDING INSPECTOR

Refers to the duly appointed Building Inspector of the Village of Blasdell.

COURT SITE PLAN

The plan required of an applicant for a license to establish, maintain and operate a mobile home court in the Village of Blasdell pursuant to the standards for mobile home courts as enumerated in this chapter. Said plan shall show in sufficient detail, as required by local reviewing authorities, all of the required information pertaining to the proposed layout of a premises for a mobile home court in compliance with this chapter.

COURT STREET

A private way which affords principal means of access to individual court units or auxiliary buildings.

DRIVEWAY

A minor private way used by vehicles and pedestrians on a mobile home court unit. This area may constitute off-court street parking.

ENFORCEMENT OFFICER

The person duly appointed by the Village Board to enforce the provisions of this chapter. Unless otherwise designated by the Village Board, the Building Inspector shall be the "Enforcement Officer."

FIRE COMPANY

Refers to the organization, public or private, authorized by the Village of Blasdell or by state law to provide fire prevention and fire protection services to any or all areas of the Village of Blasdell.

LICENSE

A written permit or certification issued by the Village of Blasdell, permitting the construction, operation, alteration and extension of a mobile home court under the provisions of this chapter.

MOBILE HOME

A manufactured single-family dwelling unit designed for year-round occupancy which is mounted on its own carriage for movement by towing to a mobile home court unit. This definition does not include vehicles considered to be camping trailers.

MOBILE HOME COURT

A parcel of land which has been designed and improved for the placement of mobile homes for nontransient use and which cannot be platted and filed as a subdivision with the Erie County Clerk.

MOBILE HOME STAND

That part of an individual mobile home unit which has been reserved for the placement of a mobile home exclusive of any appurtenances.

MOBILE HOME UNIT

The lot or space for rent or lease only in any mobile home court which shall be designed for and assigned to occupancy by one mobile home.

PATIO

Refers to a surfaced outdoor living space designed and intended to supplement the interior mobile home living area on a seasonal, warm-weather basis.

SERVICE BUILDING

A structure housing sanitary, operational, office, recreational, maintenance or other facilities built to conform to required standards of this chapter.

VILLAGE BOARD

The duly elected Village Board of the Village of Blasdell.

VILLAGE CLERK

The duly appointed Village Clerk of the Village of Blasdell.

VILLAGE PLANNING COMMISSION

The duly appointed Planning Commission of the Village of Blasdell.