This chapter shall be known and may be cited as the "Village of Mazomanie,
Dane County, Wisconsin, Mobile Home Community Code."
A.
The Village Board, hereafter referred to as the "governing
body," of the Village of Mazomanie, Dane County, Wisconsin, hereinafter referred
to as the "Village," finds that properly planned and operated mobile home
communities:
B.
It is, therefore, declared to be the policy of this Village
to eliminate and prevent health and safety hazards and to promote the economical
and orderly development and utilization of land by providing for the standards
and regulations necessary to accomplish these purposes.
As used in this chapter, the following terms shall have the meaning
indicated:
Any structural addition to the mobile home which includes awnings,
cabanas, carports, Florida rooms, porches, ramadas, storage cabinets and similar
appurtenant structures.
A roofed structure erected for permanent use.
Any area or space designed for joint use of tenants occupying mobile
home developments.
The person who owns or has charge, care or control of the mobile
home development.
A central system which serves all living units and is not publicly
owned.
The number of mobile homes or mobile home stands per gross acre.
A minor private way used by vehicles and pedestrians on a mobile
home lot or for common access to a small group of lots or common facilities.
Same as "living unit."
A vested or acquired right to use land, other than as a tenant, for
specific purposes, such right being held by someone other than the owner who
holds title to the land.
The Village Board or other authorized representative of the Village
charged with the duty to enforce the provisions of this chapter.
Living units, dwellings and/or other structures that shelter or cover.
A written document issued by the enforcing agency allowing a person
to operate and maintain a mobile home development under the provisions of
this chapter.
A residential unit providing complete, independent living facilities
for one family, including permanent provisions for living, sleeping, eating,
cooking and sanitation.
The total area reserved for exclusive use of the occupants of a mobile
home.
A line bounding the lot as shown on the accepted plot plan.
A mobile home as defined by § 66.0435, Wis. Stats.
A mobile home development and related utilities and facilities, including
the mobile home and all of the people living within the development.
A contiguous parcel of land which has been planned and improved for the placement of mobile homes. Developments or portions of developments intended for the sale of individual lots or parcels for the placement of mobile homes shall not be included within the definition of "mobile home development" and shall not be subject to the provisions of this chapter, with the exception of § 280-10, but shall conform to other applicable land use control measures of the Village.
A parcel of land for the placement of a mobile home and the exclusive
use of its occupants.
That part of an individual mobile home lot which has been reserved
for the placement of a mobile home.
That area of an individual mobile home lot which has been covered
by a mobile home and its accessory structures.
A building, except a mobile home accessory structure.
A written document issued by the enforcing agency permitting the
construction, alteration or expansion of a mobile home development.
Any individual, firm, trust, partnership, public or private association
or corporation.
Any map, plan or chart of a city, village, town, section or subdivision
indicating the location and boundaries of individual properties.
A parcel of land consisting of one or more lots or portions thereof
which is described by reference to a recorded plat or metes and bounds.
The conductors, including the grounding conductors, insulated from
one another, the connectors, attachment plugs, caps and all other fittings,
grommets, or devices installed for the purpose of delivering energy from the
service equipment to the distribution panel within the mobile home.
A private way which affords the principal means of access to abutting
individual mobile home lots and auxiliary buildings.
A plot with any buildings or other improvements located thereon.
A recorded boundary of a plot.
A public way which affords the principal means of access to abutting
properties.
A system which is owned and operated by a local governmental authority
or by an established public utility company which is adequately controlled
by a governmental authority. Such systems are usually existing systems serving
a municipality, a township, an urban county, or a water or sewer district
established and directly controlled under the laws of a state.
The area, either public or private, over which the right of passage
exists.
A building housing toilet, lavatory and such other facilities as
may be required by this chapter.
The necessary equipment, usually consisting of a circuit breaker
or switch and fuses and their accessories, located near the point of entrance
of supply conductors to or in a building or mobile home and intended to constitute
the main control and means of cutoff for the supply to that mobile home or
building.
A connection consisting of all pipes, fittings and appurtenances
from the drain outlet of the mobile home to the inlet of the corresponding
sewer riser pipe of the sewer system serving the mobile home development.
That portion of the sewer lateral which extends vertically to the
ground elevation and terminates at each mobile home lot.
Indicates that which is required.
Indicates that which is recommended but not required.
A parcel of land consisting of one or more lots or portions thereof
which is described by reference to a recorded plat.[1]
A connection consisting of all pipes, fittings and appurtenances
from the water riser pipe to the water inlet pipe of the distribution system
within the mobile home.
That portion of the water supply system service to the mobile home
development which extends vertically to the ground elevation and terminates
at a designated point at each mobile home lot.
A.
Permit required. It shall be unlawful for any person
to construct, alter or extend any mobile home development within the Village
unless he holds a valid permit issued by the Village Board in the name of
such person for the specific construction, alteration or extension proposed.
B.
Permit applications. All applications for permits shall
contain the following:
(1)
Name and address of applicant.
(2)
Location and legal description of the mobile home development.
(3)
Complete engineering plans and specifications of the
proposed development showing but not limited to the following:
(a)
The area and dimensions of the tract of land;
(b)
The number, location, and size of all mobile home lots;
(c)
The location and width of roadways and walkways;
(d)
The location of water and sewer lines and riser pipes;
(e)
Plans and specifications of the water supply and refuse
and sewage disposal facilities;
(f)
Plans and specifications of all buildings constructed
or to be constructed within the mobile home development; and
(g)
The location and details of lighting and electrical systems.
C.
Fee. All applications shall be accompanied by the deposit
of a fee as set by the Village Board.
D.
Issuance of permit. When, after review and recommendation
of the application by the Plan Commission, the Village Board is satisfied
that the proposed plan meets the requirements of this chapter, a permit shall
be issued.
E.
Denial of permit. Any person whose application for a
permit under this chapter has been denied may request and shall be granted
a hearing on the matter before the Village Board under the procedure provided
by this chapter.
A.
It shall be unlawful for any person to administer any
mobile home community in the Village unless he holds a valid license issued
annually by the Village Board in the name of such person for the specific
mobile home community. All applications for licenses shall be made to the
Village Board, which shall issue a license upon compliance by the applicant
with the provisions of this chapter.
B.
Every person holding a license shall give notice in writing
to the Village Clerk-Treasurer within 24 hours after having sold, transferred,
given away, or otherwise disposed of interest in or control of any mobile
home community. Such notice shall include the name and address of the person
succeeding to the ownership or control of such mobile home community. Upon
application in writing for transfer of the license and payment of a fee as
set by the Village Board, the license shall be transferred if the mobile home
community is in compliance with the applicable provisions of this chapter.
C.
Applications.
(1)
Applications for original licenses shall be in writing,
signed by the applicant, accompanied by an affidavit of the applicant as to
the truth of the application and by deposit of a fee as set by the Village
Board, and shall contain the name and address of the applicant and the location
and legal description of the mobile home community showing all mobile home
stands, structures, roads, and other service facilities. If the application
is approved, the deposit fee shall be the first year's license fee.
(2)
Applications for renewal of licenses shall be made in
writing by the holders of the licenses, shall be accompanied by the deposit
of a fee as set by the Village Board, and shall contain any change in the
information submitted since the original license was issued or the latest
renewal granted. If the application is renewed, the renewal fee shall be the
license fee. Licenses shall expire December 30 of each year.
D.
Any person whose application for a license under this chapter has been denied may request and shall be granted a hearing on the matter before the Village Board under the procedure provided by § 280-7A of this chapter.
E.
Whenever, upon inspection of any mobile home community, the Village Board finds that conditions or practices exist which are in violation of this chapter, the enforcing agency shall give notice in writing in accordance with § 280-7A to the person to whom the license was issued that unless such conditions or practices are corrected within a reasonable period of time specified in the notice by the Village Board, the license shall be suspended. At the end of such period, officials of the Village shall reinspect such mobile home community and, if such conditions or practices have not been corrected, shall suspend the license and give notice in writing of such suspension to the person to whom the license is issued. Upon receipt of notice of such suspension such person shall immediately cease administration of such mobile home community except as provided in § 280-7B.
A.
The Building Inspector is hereby authorized and directed
to make such inspections as are necessary to determine satisfactory compliance
with this chapter.
B.
The authorized officials of the Village of Mazomanie
shall have the power to enter at reasonable times upon any private or public
property for the purpose of inspecting and investigating conditions relating
to the enforcement of this chapter.
C.
Village officials shall have the power to inspect the
register containing a record of all residents of the mobile home community.
D.
It shall be the duty of every resident of a mobile home
community to give the management thereof or its designated agent access to
any part of such mobile home development at reasonable times for the purpose
of making such repairs or alterations as are necessary to effect compliance
with this chapter.
A.
Whenever the Village Board determines that there are
reasonable grounds to believe that there has been a violation of any provision
of this chapter, the Village Board shall give notice of such alleged violation
to the person to whom the permit or license was issued, as hereinafter provided.
Such notice shall:
(1)
Be in writing.
(2)
Include a statement of the reasons for its issuance.
(3)
Allow a reasonable time for the performance of any act
it requires.
(4)
Be served upon the owner or his agent as the case may
require, provided that such notice or order shall be deemed to have been properly
served upon such owner or agent when a copy thereof has been sent by registered
mail to his last known address or when he has been served with such notice
by any method authorized or required by the laws of this state.
(5)
Contain an outline of remedial action which, if taken,
will effect compliance with the provisions of this chapter.
B.
Any person affected by any notice which has been issued in connection with the enforcement of any provision of this chapter shall take the remedial action required to effect compliance with the provisions of this chapter. In the event that such action is not taken in the period provided for in the notice issued pursuant to Subsection A herein, the license or permit shall be subject to revocation or suspension pursuant to § 66.0435(2)(d), Wis. Stats. The holder of the license or permit shall be entitled to a public hearing on the issue of revocation or suspension, shall be given 10 days' notice in writing of such hearing, and shall be entitled to appear and be heard as to why such license shall not be revoked. The holder of such permit or license shall have such rights to appeal revocation or suspension of his permit or license as shall be provided by law.
A.
Where the Village Board or Zoning Board of Appeals finds
that compliance with provisions of this chapter would result in exceptional
or undue hardship, an exemption may be granted by the Village Board or Zoning
Board of Appeals without impairing the intent and purpose of this chapter.
The Village Board or Zoning Board of Appeals may waive or modify any requirement
in these sections to the extent deemed just and proper. Such relief shall
be granted without detriment to the public good and without impairing the
intent and purpose of this chapter or the desirable general development of
the community in accordance with the Master Plan of the Village.
B.
Deviations from design, construction and installation
provisions shall be brought into compliance within one of two periods of time,
either a period of time hereinafter referred to as a "minimum period" not
to exceed one year or a period of time hereinafter referred to as a "maximum
period" not to exceed two years. Factors to be considered in determining the
length of time and the given period in which to correct any deviation in and
from standards shall include but not be limited to the terrain of the site,
nature, significance and extent of the deviation, depreciation of materials,
improvements, the existing layout, unique hardships arising from a literal
application of the terms of this chapter, and other similar factors. Such
period shall begin after the Village Board or Zoning Board of Appeals has
given notice of a certain and specific deviation from this chapter to the
person to whom the permit or certification was issued.
C.
Gradual improvements to a higher degree of conformity
shall be permitted, provided that there shall be complete conformity at the
end of a period prescribed by the Village Board or Zoning Board of Appeals.
Except as otherwise specifically provided for herein, any person who
violates any provision of this chapter shall, upon conviction, forfeit not
less than $25 nor more than $1,000 and pay the costs of prosecution, and each
day's failure to comply shall constitute a separate violation. The imposition
of any such fine shall not bar any other relief or penalties otherwise applicable.
A.
Prohibition. Except as otherwise provided in this chapter,
it shall be unlawful for any person to maintain or inhabit any mobile home
or trailer outside of a licensed mobile home community/park complying with
the requirements of this chapter on any street, alley, or highway, or other
public place, or on any parcel of land owned by any person, firm or corporation
within the Village, provided that emergency or temporary stopping or parking
is permitted on any street, alley or highway subject to other and further
prohibitions, regulations or limitations imposed by the traffic and parking
regulations of the Village.[1]
B.
Exception. This section shall not prevent the keeping
of an automobile trailer or house car within the Village for not more than
72 hours, except as hereinafter provided, on condition that during such time
adequate water supply and adequate toilets are available at all times to the
occupants. This exception is especially intended to provide for occupants
of automobile trailers and mobile homes who may be guests of citizens where
an adequate water supply and toilet facilities are available to the guests
in the homes of their hosts, but in no case shall this exemption extend beyond
the seventy-two-hour limitation. Any automobile trailer or mobile home which
is parked in the Village merely for storage purposes shall also be excepted
from this section. This section shall not prevent the parking of unoccupied
mobile homes for the purposes of inspection and sale.
C.
Use of travel trailer as living quarters. No automobile
trailer shall be used for living quarters upon any street, alley, or public
way in the Village.
D.
Prohibited electrical connections. No person, firm, or
corporation shall make any electrical connection for any trailer or mobile
home to any building or other source of electricity without permit and approval
of the Electrical Inspector.
