No person or persons who are the owner or occupant of any land
or premises within Cuba Village shall use or permit the use of such
land or premises for the establishment or maintenance of a mobile
home park until a license for the establishment or maintenance of
such mobile home park has been obtained as hereinafter provided; and
after the issuance of such license, such park shall not be maintained
or operated other than in accordance with the applicable terms of
this Article.
A license for the establishment and operation of a mobile home
park in Cuba Village shall be issued or denied in accordance with
the procedure herein specified. The applicant who proposes to operate
or maintain said mobile home park must file with the Village Clerk
a written application for such license, and if such applicant is not
the owner of the property upon which it is proposed to operate said
park, such application shall also be signed by the owner or owners
of the property. Such application shall be accompanied by a certified
check for the amount of the fee required and must contain the following
information:
A.
The name and address of the applicant; the names and addresses of
the partners if a partnership; and the names and addresses of the
officers if a corporation and its principal place of business.
B.
The name and address of each owner of the premises upon which the
park is proposed to be located and the present use which is being
made of the premises.
C.
The interest of the applicant in said premises if not the owner thereof.
D.
A description of the boundaries of the lands or premises upon which
the park is proposed to be located, in a manner sufficient to identify
the lands or premises, as in a deed of conveyance.
E.
A park plan in the form of a land survey by a licensed surveyor,
showing the direction of magnetic North and drawn to scale, which
plan must show the following:
(1)
The location and names of all adjacent or adjoining streets, rights-of-way
or highways and their existing widths and nature of construction.
(2)
The names of record title holders of all adjacent land.
(3)
The exact layout and dimensions of each mobile home space.
(4)
The exact layout of all streets and driveways, their widths and the
specifications of proposed construction.
(5)
The location of all required services and other improvements and
facilities, such as playgrounds, swimming pools or recreation areas.
(6)
A complete statement showing the proposed method of sewage disposal,
water supply and electric and gas service.
A.
Upon receipt of an application, the Village Clerk shall immediately
send a copy thereof to the New York State Department of Health and
request that it make an investigation of the proposed project for
the purpose of determining if it would meet the standards required
by the State Sanitary Code for Temporary Residences.
B.
The Village Clerk also shall immediately present a copy of said application
to the Board of Trustees, which is hereby directed to make a study
thereof to ascertain if the plan seems suitable for the operation
and maintenance of a mobile home park; if the driveways, streets and
walkways are of suitable grade and required width; and if adequate
recreational facilities and area are provided for the comfort, convenience,
safety, health and welfare of the occupants of the park and the inhabitants
of the village and submit written recommendations based on its study.
C.
Upon receipt of the recommendations from the State Department of
Health, the Village Clerk shall immediately notify the Board of Trustees,
which shall call a public hearing to consider the application. The
Board of Trustees shall give the applicant at least five days'
notice of the time and place of the public hearing.
D.
Upon approval of the application by the Board of Trustees, the Village
Clerk shall forthwith issue a license, to be effective from and after
the date of issuance to and including the 31st day of December next
succeeding the date of issuance. If such application is not approved,
the Board of Trustees shall certify the reason for its action, and
such decision shall be filed with the Village Clerk, who shall immediately
notify the applicant of the decision of the Board of Trustees.
A license issued pursuant to the terms of this Article shall
be assignable only with the consent of the Board of Trustees.
The holder of a license may, between the first and the 31st of December of each year, file with the Village Clerk an application for a renewal thereof for the following year. If it shall appear that any change or alteration has been made in the park plan as filed with the Village Clerk, no renewal license shall be issued until such time as the Board of Trustees shall approve such change or alterations. The Board of Trustees, in considering approval, may follow the procedure provided in § 130-14 for the issuance of a license.
A.
If the Building Inspector/Code Enforcement Officer, being directed
by the Board of Trustees to inspect a mobile home park, finds that
such park is not being maintained in a clean and sanitary condition
or that it is not being conducted in accordance with the regulations
applicable to such park and the provisions of this Article, he/she
shall serve upon the holder of the license or upon the person in charge
of such park an order, in writing, directing that the conditions therein
specified be remedied within five days after the service of such order.
If, after the expiration of such period, such conditions remain unchanged
or are not corrected in accordance with said order, the Building Inspector/Code
Enforcement Officer shall serve a notice, in writing, upon the park
owner or the person in charge of such park requiring the holder of
the license to appear before the Board of Trustees at a time to be
specified in such notice and show cause why such license should not
be revoked.
B.
The Board of Trustees may, after a hearing at which testimony and
witnesses of the Building Inspector/Code Enforcement Officer and of
the holder of such license have been heard, revoke such license if
the conditions described in the original order have not been corrected
in accordance with the terms of such order or if the holder of such
license has violated the regulations applicable to such park or has
violated any of the provisions of this Article or for other sufficient
cause. Upon the revocation of such license, the premises shall forthwith
cease to be used for the purpose of such park, and all mobile homes
shall be removed therefrom.
C.
The commission of a felony or a misdemeanor on the licensed premises
herein automatically suspends the licensee described herein. The licensee
shall be entitled to a hearing before the Board of Trustees on said
suspension within seven days after the service of a notice of such
suspension upon him/her, at which time evidence shall be taken and
the licensee given opportunity to be heard and appear by his/her attorney,
and after hearing the evidence, the Board of Trustees may, on the
record of the hearing and all the facts brought forth, determine to
suspend, revoke or restore said license. Such notice to the licensee
shall be given to him/her personally or, in his/her absence, by posting
said notice of suspension in a conspicuous place on the licensed premises.
A.
The Village Clerk shall receive a fee as set forth from time to time
by resolution of the Board of Trustees,[1] for each license or renewal thereof issued by him/her,
provided that if the original license is issued on or after April
1, the fee shall be 3/4 of the fee herein provided, and if issued
on or after July 1, the fee shall be 1/2 of the fee herein provided,
and if issued on or after October 1, the fee shall be 1/4 of the fee
herein provided.[2]
The following minimum requirements shall be maintained at all
times:
A.
The park shall be located on a well-drained site, properly graded
to ensure rapid drainage and freedom from pools of water.
B.
Mobile home spaces shall be provided consisting of a minimum of 5,000
square feet for each space, which shall be at least 35 feet wide at
the narrowest point.
C.
The minimum size of a mobile home park in Cuba Village shall be eight
acres.
D.
Space for parking one automobile must be provided on each mobile
home space.
E.
All mobile home spaces shall abut on a driveway not less than 20
feet in width, which shall have unobstructed access to a public street
or highway.
F.
All driveways and walkways within the park shall be of suitable grade
and hard-surfaced.
G.
All driveways and walkways within the park shall be lighted during
the hours of darkness.
H.
All mobile home spaces shall have a patio constructed of water-resistant
material, convenient to the entrance of the mobile home and of a minimum
size of 180 square feet.
I.
Methods for supplying water and disposing of sewage shall conform
to the requirements of the New York State Department of Health.
Every mobile home in a park shall be under the management of
a resident superintendent who must be of good reputation and character
and who shall manage such park from an office located on the premises.
There shall be maintained in such office a bound book containing a
record of the names of all persons accommodated at the park, their
home addresses and the license number and make of their automobile
or other vehicle. Such record shall be available at all times for
inspection by the Building Inspector/Code Enforcement Officer or any
police officer. It shall be the duty of the licensee of a park to:
A.
Provide for the collection and removal of garbage and any other waste
material and furnish suitable garbage cans with tight-fitting covers
in quantity adequate to permit disposal of garbage and rubbish. The
cans shall be kept in a sanitary condition at all times, and the garbage
and rubbish shall be collected and disposed of at least twice a week
or as frequently as may be necessary to ensure that the garbage cans
do not overflow.
B.
Prohibit the placing or storage of unsightly material or unregistered
vehicles of any kind.
C.
Provide for the cleaning, painting and repairing of all buildings
and structures owned by the licensee.
D.
Take such other measures as deemed necessary by the Building Inspector/Code
Enforcement Officer to preserve the health, comfort and safety of
all persons accommodated in the park and of the general public.
E.
Prevent the committing of any nuisance in the park premises and report
immediately to the proper authorities all acts of a disorderly character
committed by any person or persons inside the park and, to that end,
maintain proper policing thereof.
F.
Report to the Village Clerk all cases of suspected communicable diseases
affecting any inhabitant of the park.
I.
Prevent any addition from being built, erected or maintained in connection
with any mobile home other than the usual awning or similar weather-protective
structure.
J.
Provide and keep in good order at all times fire-extinguishing equipment
of such type, size and number and so located within the park as to
satisfy applicable regulations of the Fire Department. No fires shall
be left unattended at any time.
K.
Provide an electrical outlet of one-hundred-ampere capacity capable
of supplying 220 volts at each mobile home space.
