[HISTORY: Adopted by the Village Board of
the Village of Pleasant Prairie 5-7-2007 by Ord. No. 07-22.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed
former Ch. 221, Manufactured/Mobile Homes, adopted 9-28-1998 (Ch.
16 of the 1988 Code), as amended.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Section 101.935, Wis. Stats., relating to manufactured/mobile home communities, and § 710.15, Wis. Stats., Manufactured and mobile home community regulations, are adopted by reference as if fully set forth herein. In case of conflict between this chapter and § SPS 302.33, Manufactured homes, Wis. Adm. Code; Ch. SPS 326, Manufactured Home Communities, Wis. Adm. Code; Ch. ATCP 125, Manufactured Home Communities – Fair Trade Practices, Wis. Adm. Code, the more stringent provisions shall apply. This chapter is in addition to and does not supplant § 420-117 of the Village Zoning Ordinance. In the event of a conflict between this chapter and § 420-117 of the Village Zoning Ordinance, the more stringent provisions shall apply. A copy of the applicable statutes and Wisconsin Administrative Code sections shall be kept on file in the office of the Village Clerk.
Whenever used in this chapter, unless a different
meaning appears from the context, the following terms shall have the
meanings indicated.
A mobile home, or a structure that is designed to be used
as a dwelling with or without a permanent foundation and that is certified
by the federal Department of Housing and Urban Development as complying
with the standards established under 42 U.S.C. §§ 5401
to 5425.
Any park, court, site, lot, parcel, or tract of land designed,
maintained, intended or used for the purpose of supplying a location
or accommodations for three or more mobile or manufactured homes and
shall include all buildings used or intended for use as a part of
the equipment thereof, whether or not a charge is made for the use
of the manufactured/mobile home community and its facilities. "Manufactured/mobile
home community" shall not include automobile or mobile home sales
lots on which unoccupied mobile homes are parked for the purposes
of inspection and sale.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Any vehicle or structure intended for or capable of human habitation, or designed primarily for sleeping purposes, mounted on wheels or jacks and/or capable of being moved from place to place, either by its own power or by power supplied by some vehicle used or to be used, excepting a device used exclusively upon stationary rails or tracks and excluding recreational vehicles as defined in Chapter 420 of this Code. This definition shall be construed in a manner consistent with the definition of "mobile home" in § 101.91(10), Wis. Stats.
Any person engaged in the business of renting sites in a
manufactured/mobile home community to tenants. "Operator" includes
officers, representatives, agents and employees.
Shall be construed to include an individual, partnership,
firm, company or corporation, whether tenant, owner, lessee, licensee,
or their agent, heir or assigns.
An agreement between an operator and a tenant for the rental
of a site.
The procedure used by an operator to determine that a prospective
tenant meets the operator's minimum financial standards and other
reasonable requirements established by the operator.
The total of all payments and deposits given by a tenant
to the operator as security for the performance of the tenant's obligations
and includes all rent payments in excess of one month's prepaid rent.
Any plot of land which is rented or offered for rental for
the accommodation of a manufactured/mobile home used for residential
purposes. It does not include a plot of land rented for the accommodation
of a manufactured/mobile home which is:
Any person renting a site from an operator.
A section of ground in a manufactured/mobile home community
of not less than 600 square feet of unoccupied space designated as
the location for only one automobile and/or one manufactured or mobile
home.
The Village of Pleasant Prairie, Kenosha County, Wisconsin.
A.
Each manufactured/mobile home occupied as a place
of human habitation under any of the provisions of this chapter shall
be equipped with a fire extinguisher, conveniently attached thereto;
such extinguisher to be of one unit of fire protection capacity and
of a type suitable for extinguishing Class A or Class B fires, approved
by the Pleasant Prairie Fire & Rescue Department.
B.
The use of liquid petroleum gas in occupied manufactured/mobile
homes shall conform in every particular to the laws, rules and regulations
of the State of Wisconsin governing such use.
A.
The parking of any occupied manufactured/mobile home
outside an approved manufactured/mobile home community as previously
defined is hereby prohibited.
B.
No manufactured/mobile home shall be used for living
quarters upon any street, alley, or public way in the Village of Pleasant
Prairie.
C.
No person, firm, or corporation shall make any electrical
connection for any manufactured/mobile home to any building or other
source of electricity without permit and approval of the Electrical
Inspector.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
D.
No person, firm, or corporation shall deposit garbage, waste, water, rubbish or other waste combustible materials on the premises where an occupied manufactured/mobile home is parked or on adjoining premises. Garbage and rubbish and other waste combustible materials and recycling materials shall be placed in suitable containers for collection by the Village pursuant to Chapter 292, Solid Waste and Recycling, of the Village Code.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
Site and operational plan.
(1)
Every manufactured/mobile home or manufactured/mobile
home community shall submit and be in compliance with a site and operational
plan zoning requirements set forth in the Village Code. The community
shall be located on a well-drained area, and the premises shall be
properly graded so as to prevent the accumulation of storm- or other
water. No manufactured/mobile home or manufactured/mobile home community
shall be located in any area that is situated so that drainage or
other sources of filth can be deposited in its location.
(2)
Manufactured/mobile home units shall be clearly defined,
and the community shall be so arranged that all units shall abut on
a public or private street for a distance of at least 16 feet. Such
street shall be paved, snowplowed and maintained in good condition,
having natural drainage, be well lighted at night and shall not be
obstructed at any time.
(3)
All private and/or public streets shall be paved and
well lighted at night.
B.
Community management.
(1)
In every manufactured/mobile home community there
shall be located the office of the attendant or person in charge of
such community. A copy of the community license and of this chapter
shall be posted therein, and the park register shall at all times
be kept in such office.
(2)
It is hereby made the duty of the attendant or person
in charge, together with the licensee, to:
(a)
Keep a register of all occupants, to be open
at all times to inspection by state and federal officers and by the
Village Board, which shall show for all occupants:
[1]
Names and addresses.
[2]
Number of children of school age.
[3]
State of legal residence.
[4]
Dates of entrance and departure.
[5]
License number of all manufactured/mobile homes;
make, model, and year; and towing or other vehicles.
[6]
States issuing such licensing.
[7]
Place of last location and length of stay.
[8]
Place of employment of each occupant.
(b)
Maintain the community in a clean, orderly and
sanitary condition at all times.
(c)
Insure that the provisions of this chapter are
complied with and enforced. The manager shall promptly report any
violations to the proper authorities.
(d)
Report to the Kenosha County Division of Health
all cases of persons or animals infected or suspected of being infected
with any communicable disease.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(e)
Collect the monthly municipal permit fee as provided in § 221-12 of this chapter. A book shall be kept current showing the names of the persons paying service charges and the amount paid, which monies are the property of the Village.
(f)
Prohibit the lighting of open fires on the premises.
Every manufactured/mobile home community shall be equipped at all
times with fire-extinguishing equipment in good working order, of
such type, size and number and so located within the park as to satisfy
applicable reasonable regulations of the Pleasant Prairie Fire &
Rescue Department.
C.
Rental agreement; requirements.
(1)
Every rental agreement shall be in writing. A copy
of the rental agreement shall be furnished to the tenant at the time
the rental agreement is executed. If a manufactured/mobile home is
purchased from or through the operator, a copy of the rental agreement
shall be furnished to the tenant before the tenant signs the manufactured/mobile
home purchase contract. The rental agreement shall conspicuously set
forth all terms and conditions affecting the rental of the site and
shall include:
(a)
The amount of rent for each rent-paying period
and all property, service and facilities provided by the operator
and included in the rent.
(b)
The amount of any security deposit, installation
charge, or other charge payable by the tenant under the rental agreement
but not included in the rent, including but not limited to charges
for utility services provided through the operator's facilities. If
utility service charges are based on the amount of utility service
used, the rental agreement shall set forth either the specific rate
or the method by which the charges are to be computed.
(c)
Rules and regulations which shall be included
in or attached to the main body of the rental agreement.
(d)
The approximate size of the site and its location
in the community.
(e)
The amount of the municipal permit fee assessed
by the Village and payable by the tenant. If the monthly fee is not
known, an approximation shall be given.
(f)
A notice that the operator reserves the right
to screen the purchaser of a tenant's manufactured/mobile home before
renting a manufactured/mobile home site to the purchaser, subject
to § 710.15, Wis. Stats.
(g)
A disclosure as to whether the manufactured/mobile
home community contains an emergency shelter and, if the park has
an emergency shelter, the location of the emergency shelter and procedures
for its use.
(2)
The initial, and each succeeding rental agreement,
shall be for a term of no less than one year, unless a shorter term
is requested in writing by the tenant and agreed to by the operator.
Under any agreement for a rental term of two months or more, rental
payments shall, at the option of the tenant, be payable in equal monthly
installments.
(3)
The operator shall, at the time the rental agreement
is entered into, and throughout the term of the rental agreement,
make available to the tenant the name, address, and telephone number
of a person who may be contacted concerning the maintenance of facilities
and services provided by the operator. Such information shall be included
in the tenant's copy of the rental agreement or in a separate written
notice furnished to the tenant.
(4)
Rent and other charges under the rental agreement
may not be increased during the term of the rental agreement. This
section does not apply to:
(a)
Municipal parking and building/zoning or other
permit fees charged by the Village.
(b)
Charges for utility services delivered and billed
directly to the tenant by a public utility or other outside source.
(c)
Charges for utility services purchased by the
operator and delivered and billed to the tenant by the operator but
not included in the rent, if the increase is solely to cover an increase
in charges to the operator by the supplier of the utility service.
D.
Rental agreement limitations.
(1)
No community operator may restrict the type of material
used for manufactured/mobile home steps or the type of air-conditioning
equipment serving manufactured/mobile homes in a manufactured/mobile
home community, unless such restrictions are required by law or are
uniformly applied manufactured/mobile home community requirements
made a condition of the tenant's original rental agreement. Any such
restrictions, however, may not be instituted during the occupancy
of an original tenant under the same, an amended, a renewed or a new
rental agreement. Not withstanding the foregoing, if a tenant's manufactured/mobile
home steps are required by law to be replaced, the community operator
may require that they be made to comply with current community standards.
(2)
No community operator may require the removal of a
permanently attached manufactured/mobile home towing tongue as a condition
of renting a site for the accommodation of a manufactured/mobile home.
(3)
It shall be unlawful to require, as a condition of
a new or renewed rental agreement, the removal of any vehicles permitted
under a previous rental agreement with the same tenant, unless sufficient
other parking space is provided to the tenant at no charge.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
E.
Tie-in sales; separate or discriminatory charges.
No operator shall:
(1)
Require, as a condition to the rental of any site,
the purchase of a manufactured/mobile home from the operator or any
dealer, manufacturer, or agent named by the operator.
(2)
Represent to any person that the purchase of a manufactured/mobile
home from the operator or any dealer, manufacturer, or agent named
by the operator will give the purchaser an advantage over others in
the rental or continued occupancy of a site.
(3)
Discriminate or threaten to discriminate in rental
charges or in any other respect against a tenant for failure of the
tenant to purchase a manufactured/mobile home from the operator or
any dealer, manufacturer, or agent named by the operator.
(4)
Discriminate in rental charges by granting a discount
in rental charges or in any other charges to a tenant who purchase
a manufactured/mobile home from the operator or any, dealer, manufacturer,
or agent named by the operator.
(5)
Solicit or receive any payment or other thing of value
from any seller of a manufactured/mobile home for agreeing to rent
a site to the purchaser of such manufactured/mobile home.
(6)
Solicit or receive any payment or other thing of value
from any person upon the representation or understanding that such
consideration will give that person an advantage over others in the
rental or continued occupancy of a site.
(7)
Use a manufactured/mobile home site to display a manufactured/mobile
home offered for sale, or rent a site to a manufactured/mobile home
dealer for purposes other than accommodation of a manufactured/mobile
home occupied as a residence, if the use or rental of the site results
in there being no site in the manufactured/mobile home community available
to a prospective tenant who does not purchase a manufactured/mobile
home from the operator or renting dealer.
F.
Manufactured/mobile home relocation.
(1)
No tenant shall be required to relocate a manufactured/mobile
home within a community during the term of the rental agreement, or
to assume the cost of any required relocation under a new or renewal
rental agreement, except in an emergency or where the tenant has violated
the terms and conditions of the rental agreement. This does not apply
to a manufactured/mobile home which has been vacated by the tenant.
(2)
Any required relocation shall, except in an emergency,
be preceded by written notice setting forth the reason for such relocation.
Notice shall be given within the time period required under Ch. 704,
Wis. Stats., for termination of tenancies.
G.
Prohibited consideration of age of manufactured/mobile
home.
(1)
An operator may not deny a resident the opportunity
to enter into or renew, and may not include, exclude or alter any
terms of, a lease to continue to locate a manufactured/mobile home
in the community solely or in any part on the basis of the age of
the manufactured/mobile home.
(2)
An operator may not require the removal of a manufactured/mobile
home from a community solely or in any part on the basis of the age
of the manufactured/mobile home, regardless of whether the ownership
or occupancy of the manufactured/mobile home has changed or will change.
(3)
It shall be considered a prohibited consideration
of the age of a manufactured/mobile home to require a tenant to make
alterations, modifications or improvements to a manufactured/mobile
home as a condition of renewal of a lease or a change in the ownership
or occupancy of a manufactured/mobile home, when the manufactured/mobile
home is otherwise in good repair and it is in conformance with applicable
governmental regulations.
(4)
It shall be considered a prohibited consideration
of the age of a manufactured/mobile home to require a tenant to make
alterations, modifications or improvements to a manufactured/mobile
home that is older that five years, when the manufactured/mobile home
is otherwise in good repair and in conformance with applicable governmental
regulations, and the manufactured/mobile home is in compliance with
community rules and regulations in effect at the time the manufactured/mobile
home originally entered the community.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
H.
Prohibited consideration of change in ownership or
occupancy of manufactured/mobile home.
(1)
An operator may not require the removal of a manufactured/mobile
home from a community solely or in any part because the ownership
or occupancy of the manufactured/mobile home has changed or will change.
An operator may refuse to enter into an initial lease with a prospective
resident or manufactured/mobile home occupant for any other lawful
reason.
(2)
It shall be considered a prohibited consideration
of a change in ownership or occupancy of a manufactured/mobile home
to require a tenant to make alterations, modifications or improvements
to a manufactured/mobile home as a condition of permitting a manufactured/mobile
home to remain in a community at the time of a change in ownership
or occupancy, when the manufactured/mobile home is otherwise in good
repair and it is in conformance with governmental regulations.
I.
No interest in real estate; screening permitted. Neither
§ 710.15(3)(b) nor § 710-15(4), Wis. Stats., creates
or extends any interest in real estate or prohibits the lawful screening
of prospective residents and manufactured/mobile home occupants by
an operator.
J.
Changes in rental terms or community rules.
(1)
If any change or increase in rent or fees, or any
other substantial change in the terms or conditions of tenancy, is
to be made in connection with the renewal of any rental agreement,
a copy of the proposed new agreement, or amendments to the existing
agreement, shall be furnished to the tenant, in writing, at least
28 days prior to the date on which the proposed new agreement is to
take effect. All changes shall be specifically brought to the tenant's
attention by a separate statement on the proposed rental agreement
or in a separate written document attached to the rental agreement.
The operator or a representative of the operator shall meet with tenants,
or any group of tenants, on the proposed changes, at their request.
Nothing in this section shall be construed as interfering with the
operator's right to terminate any tenancy in accordance with § 710.15
and Ch. 704, Wis. Stats., and Chapter ATCP 125 of the Wisconsin
Administrative Code, if the tenant declines to accept the proposed
new agreement. This section does not apply to any changes in Village
ordinances that may affect the community rules.
(2)
Rules and regulations which substantially affect the
rights or duties of tenants or the operator under § 710.15,
Wis. Stats., or this chapter may not be created or changed during
the term of the rental agreement. This includes but is not limited
to:
(a)
Rules setting standards and requirements for
skirting, weatherproofing or frostproofing and auxiliary buildings
or sheds.
(b)
Rules limiting the occupancy of manufactured/mobile
homes with respect to the number or age of occupants.
(c)
Vehicle parking rules imposed by the park operator.
(d)
Rules restricting or regulating overnight guests.
(e)
Rules restricting or regulating pets.
(f)
Rules requiring tenants to repair or maintain
their manufactured/mobile homes.
(g)
Rules defining the tenant's and operator's rights
and responsibilities with regard to maintenance of the site.
(h)
Rules restricting or regulating tenants' outdoor
antennas or satellite dishes.
(3)
Except as otherwise provided in this section, a community
operator may change or create general community rules and regulations
during the term of any rental agreement or tenancy, provided all tenants
are given at least 28 days' prior written notice of any proposed change
and an opportunity to meet with the operator or a representative of
the operator on the proposed change before it takes effect.
(4)
Notice of proposed changes in rental terms and conditions
or community rules and regulations under this section may be furnished
to the tenant in person or by mail. Notice by mail shall be considered
actual notice.
K.
Charges for utility services.
(1)
Charges for a utility service provided through the operator's facilities, if not included in the rent, shall be based on the amount of the utility service used by tenants. Charges for television service provided through the operator's facilities may be assessed in the form of a uniform charge to subscribing tenants, subject to Subsection K(2). Charges, or the method of computing charges for utility services provided through the operator's facilities shall be set forth in the rental agreement under § ATCP 125.03(1)(b), Wis. Adm. Code.
(2)
If CATV or broadband service is provided by the operator
but not included in the rent, the operator may not limit a tenant's
access to CATV or broadband service provided by an outside source.
This subsection is not intended to deny to an operator any right which
the operator may have to compensation from a cable television company
for easements or other use of the operator's property.
(3)
Charges for utility services provided through the
operator's facilities, if based on amounts used, shall be periodically
invoiced in writing to tenants. Invoices shall specify both the charge
and the amount of the utility service used.
(4)
Charges for utility services provided through the
operator's facilities, if not included in the rent, shall be competitive
with retail prices charged for the same or equivalent services by
public utilities or other local sources. If a utility service is provided
directly to tenants by a public utility or other outside source, no
additional charge may be assessed for the service by the operator.
(5)
If a manufactured/mobile home community operator purchases
water and sewer service and resells the service to the occupants of
the manufactured/mobile home community, the maximum allowable water
and sewer bill to the average user within the manufactured/mobile
home community may not exceed the lesser of the manufactured/mobile
home community's water and sewer bill, plus 30%, divided by the number
of occupied lots within the community, or the retail rates of the
local municipality's water and sewer operation applied to the average
user.
(6)
A manufactured/mobile home community operator may establish water and sewer rates in excess of those set forth in Subsection K(5), if the operator has been granted permission by the Public Service Commission pursuant to Ch. PSC 185, Wis. Adm. Code, or has been granted permission by any other state agency that regulates such water and sewer rates, as successor agency to the Public Service Commission.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
L.
Restrictions on choice of vendors. No operator may
restrict the choice of vendors from whom a tenant may purchase goods
or services. This section does not apply to:
(1)
Utility services.
(2)
Services provided by the operator in the installation
of a manufactured/mobile home on a site or in the removal of a manufactured/mobile
home from a site.
(3)
Snow removal, lawn care, or similar site maintenance
services performed by the operator upon the failure of a tenant to
fulfill the tenant's site maintenance obligations under the rental
agreement. No charges may be imposed for site maintenance services
performed by the operator under this subsection unless the tenant,
if available, is given prior notice and a reasonable opportunity to
perform the tenant's obligations under the rental agreement. Charges
for site maintenance services shall be set forth in the rental agreement.
(4)
Services involving the transportation of a manufactured/mobile
home to or from a site within the manufactured/mobile home community,
if the operator can show that the person providing the service has
damaged the park during a previous move and failed to compensate the
operator for the damages.
(5)
A nondiscriminatory prohibition against sales solicitations
within the manufactured/mobile home community.
M.
Entrance and exit fees. No operator may charge an
entrance fee or exit fee in return for allowing the movement of a
manufactured/mobile home into or out of a manufactured/mobile home
community. This section does not apply to:
(1)
Periodic payments for the rental of a site, pursuant
to the rental agreement.
(2)
A security deposit not exceeding the amount of three
months' rent or $350, whichever is less.
(3)
Material and labor costs incurred by the operator
to move a tenant's manufactured/mobile home into or out of the manufactured/mobile
home community, to install the manufactured/mobile home on a site
or remove it from a site, or to connect or disconnect utility services.
The amount of any charges, or the basis upon which charges are to
be calculated, shall be clearly set forth in the rental agreement.
N.
Sale of manufactured/mobile home; transfer of tenancy.
No operator may:
(1)
Require any tenant to designate the operator, or any
person named by the operator, as agent for the sale of a tenant's
manufactured/mobile home or unreasonably restrict the sale of a tenant's
manufactured/mobile home by the tenant or an agent of the tenant's
own choosing.
(2)
Solicit or receive any payment or other thing of value
as a condition to the assignment or sublease of a rental agreement
by a tenant or as a condition to the transfer of tenancy to a buyer
of the tenant's manufactured/mobile home.
(3)
Sell, for placement in a manufactured/mobile home
community owned or operated by the operator, any manufactured/mobile
home purchased from a tenant who was prohibited from selling the home
directly for placement in the manufactured/mobile home community.
(4)
Refuse to rent a manufactured/mobile home site to
the purchaser of a tenant's manufactured/mobile home except for a
reason specified under § 710.15(5m), Wis. Stats. This section
does not prohibit the screening of prospective tenants by an operator.
(5)
Limit a tenant's ability to post, on the tenant's
manufactured/mobile home or on the site on which the manufactured/mobile
home is located, a "for sale" sign or other advertisement announcing
the tenant's offer to sell the tenant's manufactured/mobile home if
the limitation is not applied uniformly to every person, including
the operator and any manufactured/mobile home dealer, who sells or
offers to sell a manufactured/mobile home on site in the manufactured/mobile
home community.
This subsection does not create or extend any interest in real
estate or prohibit the lawful screening of new tenants by the operator.
O.
Termination of tenancy.
(1)
Whenever an operator terminates any rental agreement
or refuses, upon the expiration of a lease, to renew the lease or
to enter into a new rental agreement, the operator shall provide the
tenant with written notice setting forth the reason for such termination
or refusal. Notices of termination shall comply with the requirements
of § 710.15 and Ch. 704, Wis. Stats., as applicable. If
the rental agreement does not comply with the requirements of § ATCP
125.03(1) (introduction) and (2), Wis. Adm. Code, the operator shall
comply with the notice requirements of § 704.17(2), Wis.
Stats., when terminating a tenancy, unless the community operator
or tenant proves that other notice requirements under § 704.17(1p)
or (3), Wis. Stats., are applicable.
(2)
No operator shall terminate a rental agreement or
refuse, upon expiration of a lease, to renew the lease or to enter
into a new rental agreement for the reason that:
(a)
The tenant has reported a violation, by the
operator, of this chapter or any other law to any governmental authority
or filed suit alleging such violation. Any termination, refusal to
renew a lease, or refusal to enter into a new lease shall be presumed
to be retaliatory if committed within six months after the tenant
has reported a violation by the operator of this chapter or any other
law, to any governmental authority or within six months after the
tenant has filed suit alleging such violation. In order to overcome
this presumption that such termination or refusal is retaliatory,
the operator must show by a preponderance of evidence that such termination
was based on good cause.
(b)
The tenant is a member of a tenants' union or
association.
(c)
The operator wishes to make a site available
to a person purchasing a manufactured/mobile home from the operator
or an agent of the operator.
(3)
No operator may solicit or receive any payment or
other thing of value, except for normal rental payments, in return
for permitting a tenant to leave the tenant's manufactured/mobile
home in the community upon termination of tenancy.
P.
Prohibited practices. No operator shall:
(1)
Make any false, deceptive, or misleading representation
to induce a manufactured/mobile home sale or site rental or make any
representation inconsistent with or contrary to the written rental
agreement.
(2)
Impose any term or condition, any rule or regulation
which the operator knows or reasonably ought to know is in conflict
with this chapter or applicable law.
(3)
Require any tenant to make permanent improvements
to the manufactured/mobile home community or any of its facilities
or assess any separate charge therefor.
(4)
Enter a tenant's manufactured/mobile home without
the tenant's permission and reasonable notice to the tenant. This
does not prohibit the operator from entering a tenant's manufactured/mobile
home if the tenant cannot be contacted and the operator reasonably
believes that entry is necessary because of emergency or to preserve
and protect the manufactured/mobile home or community.
(5)
Unreasonably limit a tenant's ability to post, on
the tenant's manufactured/mobile home or on the site on which the
manufactured/mobile home is located, any sign complying with Village
ordinances and which supports any candidate or political position.
Nothing herein contained shall be construed
to prohibit or prevent the licensing of any manufactured/mobile home
community existing on September 28, 1998. Should any of these existing
manufactured/mobile home communities wish to expand, they shall then
be compelled to bring their additional community area into compliance
with the provisions of the Village's ordinances.
No manufactured/mobile home community license
shall be issued until the Village Clerk has notified the Village Board
and the Village Board shall have inspected each application and the
premises on which manufactured/mobile homes will be located to insure
compliance with the regulations, ordinances and laws applicable thereto.
No license will be renewed without a reinspection of the premises.
For the purposes of making inspections and securing enforcement, such
officials or their authorized agents shall have the right and are
hereby empowered to enter on any premises on which a manufactured/mobile
home is located, or about to be located, and to inspect the same and
all accommodations connected therewith at any reasonable time. Each
premises on which a licensed manufactured/mobile home is located shall
have at least one sanitary inspection per year.
The area of the manufactured/mobile home shall
be improved to provide adequate support for the placement and tie-down
of the manufactured/mobile home, thereby securing the superstructure
against uplift, sliding, rotation and overturning.
A.
The manufactured/mobile home stand shall not shift
or settle unevenly under the weight of the manufactured/mobile home
due to inadequate drainage, vibration or other forces acting on the
structure.
B.
The manufactured/mobile home stand shall be provided
with anchors and tie-downs such as cast-in-place concrete "dead men,"
eyelets imbedded in concrete foundations or runways, screw augers,
arrowhead anchors, or other devices securing the stability of the
manufactured/mobile home.
C.
Anchors and tie-downs shall be placed at least at
each corner of the manufactured/mobile home stand, and each shall
be able to sustain a minimum tensile strength of 2,800 pounds.
D.
The manufactured/mobile home stand shall provide a
skirt enclosure from stand to bottom of manufactured/mobile home that
will be harmonious to the unit and well maintained.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
All plumbing, electrical, building and other
work done on or at any community licensed under this chapter shall
be in accordance with the ordinances of the Village and the requirements
of the state Plumbing, Electrical and Building Codes[1] and the regulations of the State Department of Safety
and Professional Services. In addition, all work shall be consistent
with applicable Village zoning codes. Licenses and permits granted
under this chapter grant no right to erect or repair any structure,
to do any plumbing work, any HVAC work or any electrical work.
[1]
Editor's Note: See Part III, Land Use Legislation,
of this Code.
A.
License required. No person shall establish, operate
or maintain or permit to be established, operated, or maintained upon
any property owned, leased or controlled by him a manufactured/mobile
home community, as defined in § 66.0435 of the Wisconsin
Statutes, within the Village without having first obtained a license
for said community from the Village Board pursuant to this chapter.
B.
Application. The application for such license, or the renewal thereof, shall be filed with the Village Clerk and shall include the name and address of the owner in fee of the tract (if the fee is vested in some person other than the applicant, a statement that the applicant is authorized by him to construct or maintain the manufactured/mobile home community and to apply for the license) and such a legal description of the premises upon which the manufactured/mobile home community is to be or is located as will readily identify and definitely locate the premises. A new, addition, or remodel application shall be accompanied by two copies of the Village-approved site and operational plan per Chapter 420 of the Village Code.
C.
License fee. The application for such license, or the renewal thereof, shall be filed with the Village Clerk with the annual license fee as established in the Village Fee Schedule and a surety bond in the sum of $5,000. This bond shall guarantee the collection by the licensee of the monthly parking permit fee provided for in § 221-12 and the payment of such fee to the Village Treasurer; the payment by the licensee of any forfeiture, including legal costs, imposed upon or levied against such licensee for a violation of the ordinances of the Village pursuant to which such license is granted; and shall also be for the use and benefit, and may be prosecuted and recovery had thereon, by any person who may be injured or damaged by reason of the licensee violating the provisions of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
D.
Term of license. The term of the license shall be
for the calendar year and shall expire on the 31st day of December
of each year and may be renewed annually thereafter by any licensee
and after approval of the Village Board of the Village of Pleasant
Prairie and upon payment of the annual license fee. Upon such renewal,
the Village Clerk shall issue a certificate renewing the license for
another year unless sooner revoked. The application for renewal shall
be in writing signed by the applicant on forms furnished by the Village
Clerk, and submitted with a current list of park tenants.
[Amended 11-16-2009 by Ord. No. 09-58]
E.
Transfer of license. Upon application for a transfer
of license, the Village Clerk, after approval of the application by
the Village Board, shall issue a transfer upon the payment of a fee
as prescribed by § 66.0435(3)(b), Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
Pursuant to § 66.0435(3), Wis. Stats., there
is imposed a monthly municipal permit fee on each occupied nonexempt
manufactured/mobile home which shall have parked in such community
at any time during the month. Such fee shall be as prescribed by § 66.0435(3)(c),
Wis. Stats. It is required that the licensee of a manufactured/mobile
home community collect the proper amount from each manufactured/mobile
home in the community and pay to the Village Treasurer such monthly
municipal permit fees on or before the 10th of the month following
the month for which such fees are due in accordance with the terms
of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
A licensee may request permission from the Village
Administrator to have the occupants of the manufactured/mobile home
community pay their monthly municipal fee directly to the Village
Treasurer on or before the 10th day of each month.
(1)
The Village Administrator may permit the licensee
to direct the tenants of the manufactured/mobile home community to
make direct payments to the Village Treasurer if the following conditions
are met:
(2)
It shall remain the responsibility of the licensee
to assure that all monthly municipal permit fees are paid to the Village,
and it shall be the responsibility of the licensee to review the payment
records to determine what payments have not been made.
C.
If the Village determines that the licensee, having
selected not to collect the monthly municipal permit fee, has not
assured that the accounts in his respective community are current,
the Village Administrator shall provide the licensee with notice that
within the next 30 days the licensee shall be responsible for the
collection of the proper amount from each manufactured/mobile home
and shall also be responsible for the direct payment to the Village
Treasurer of such monthly municipal permit fees on or before the 10th
day of each month following the month for which such fees are due
and that the Village will no longer collect the individual municipal
permit fees.
The Village Board is hereby authorized to revoke
any license or permit issued pursuant to the terms of this chapter
in accordance with § 66.0435, Wis. Stats.
