[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Editor's Note: This ordinance also repealed former Ch. 221, Manufactured/Mobile Homes, adopted 9-28-1998 (Ch. 16 of the 1988 Code), as amended.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.
MANUFACTURED HOME
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.
MANUFACTURED/MOBILE HOME COMMUNITY
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)]
MOBILE HOME
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.
OPERATOR
Any person engaged in the business of renting sites in a manufactured/mobile home community to tenants. "Operator" includes officers, representatives, agents and employees.
PERSON
Shall be construed to include an individual, partnership, firm, company or corporation, whether tenant, owner, lessee, licensee, or their agent, heir or assigns.
RENTAL AGREEMENT
An agreement between an operator and a tenant for the rental of a site.
SCREENING
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.
SECURITY DEPOSIT
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.
SITE
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:
A. 
Occupied on a strictly seasonal basis; or
B. 
Owned by the operator and occupied by the operator herself or himself as a residence.
TENANT
Any person renting a site from an operator.
UNIT
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.
UTILITY SERVICE
A. 
Electricity, water, sewer, telephone, and natural gas.
B. 
Liquefied petroleum gas other than liquefied petroleum gas in portable containers.
C. 
Fuel oil supplied through a permanent central system in the manufactured/mobile home community.
VILLAGE
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.
(4) 
New occupied manufactured/mobile homes in a manufactured/mobile home community shall be located within the community in accordance with the R-12 Zoning District requirements as specified in § 420-117 of this Code.
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.
(g) 
The community manager is required to comply with the Village garbage and recycling collection requirements per Chapter 292, Solid Waste and Recycling, of the Village Code of Ordinances.
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.
No person shall at any time use a manufactured/mobile home for the purpose of advertising or conducting a commercial or manufacturing business of any kind except a home occupation pursuant to Article VII of Chapter 420 of this Code.
[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:
(a) 
No more than 5% of the manufactured/mobile homes in the licensee's community are delinquent in the payment of their municipal permit fees.
(b) 
The licensee is in complete compliance with all other requirements of the ordinances of the Village.
(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.
Except as otherwise provided herein, any person found to be in violation of any of the provisions of this chapter, or any rule, order or regulations made hereunder, shall, upon conviction thereof, be subject to a penalty as prescribed by Chapter 1, § 1-4, of the Village Code.