The purpose of this chapter is to promote the health, safety,
morals and general welfare of the inhabitants of the Town through
the regulation of the location; planning; design, layout, construction
and operation of mobile/manufactured home parks and mobile/manufactured
homes. A further purpose is to provide diversity in housing choice
and a greater opportunity of obtaining moderate-cost housing. At the
same time, the Town does not desire large-scale development of such
parks. It is not the intent of this section to repeal or abrogate
any part of the New York State Uniform Fire Prevention and Building
Code, 9 NYCRR Part 17 (Regulations of the NYS Department of Health),
New York State Real Property Law § 233 or any other applicable
rule, regulation or ordinance.
As used in this chapter, the following terms shall have the
meanings indicated:
MOBILE/MANUFACTURED HOME
A detached dwelling unit with any or all of the following
characteristics:
A.
Manufactured as a relocatable dwelling unit intended for year-round
occupancy and for installation on a site without a basement or permanent
foundation.
B.
Designed to be transported, after manufacture, on its own chassis
and connected to utilities after placement on a mobile home stand.
C.
Any similar portable structure mounted or designed for mounting
on wheels and used or intended for use for dwelling purposes, except
recreational or camping-type trailers. The term does not include a
recreational vehicle.
MOBILE/MANUFACTURED HOME LOT
An area of land in a mobile/manufactured home park clearly
defined and intended for the purpose of the placement thereon of a
mobile/manufactured home and any permitted accessory structure incident
thereto.
MOBILE/MANUFACTURED HOME PARK
A tract of land under the same ownership, with all necessary
facilities meeting all the requirements of this chapter and which
is intended for the express purpose of providing a living environment
for mobile/manufactured home residents on a long-term occupancy basis.
No person, firm or corporation being the owner or occupant of
any land or premises within the Town of Webster shall use or permit
the use of said land or premises as a manufactured/mobile home park
without obtaining an annual permit therefor as hereinafter provided.
The Town Clerk of the Town of Webster, upon the written application
and upon the approval of the same by the Health Officer/Supervisor
and the Town Board of the Town of Webster and upon receipt of the
fee hereinafter provided, shall issue a permit to become effective
from the date thereof and to continue in force for the term specified
therein, but in no event longer than through the 31st day of December
next succeeding, for the use of the premises therein specified as
a mobile/manufactured home park, which permit shall specify the number
of mobile/manufactured home lots which may be used in said park. Such
permit shall not be transferable or assignable.
The applicant for a mobile/manufactured home park permit shall,
at the time of the issuance of any such permit, pay to the Town Clerk
a fee to be computed at the rate set by the Town Board based upon
the maximum number of proposed mobile/manufactured home lots as shown
in the application. The minimum fee for an annual permit shall be
$300.
The owner or operator of each mobile/manufactured home park
shall keep a permanent record of all persons occupying or using the
facilities of such mobile/manufactured home park which record shall
include the following:
A. The name and address of each
occupant of each mobile/manufactured home.
B. The date of lease of said lot
of each mobile/manufactured home and occupant of each mobile/manufactured
home.
C. The name and address of the owner
of each mobile/manufactured home.
The police officers of the Town of Webster, the Health Officer
(Supervisor), Fire Marshal, Building Inspector or Code Enforcement
and any other duly authorized agent or employee of said Town shall
have the right at any reasonable time to enter any mobile/manufactured
home or other premises used for the parking or location of a mobile/manufactured
home and shall have the right at all times to inspect all parts of
said premises and to inspect the records required to be kept in any
mobile/manufactured home park.
If a police officer, Health Officer or any authorized representative
of the Town of Webster finds that any mobile/manufactured home is
not being maintained in a clean and sanitary condition or is not being
conducted in accordance with the provisions of this chapter, such
facts shall thereupon be reported to the Town Board, and said Town
Board may direct the Code Enforcement Officer to serve an order in
writing upon the holder of the permit or the person in charge of said
park, directing that the conditions therein specified be remedied
within five days after date of service of such order. If such conditions
are not corrected after the expiration of said five-day period, the
Town Board may cause a notice in writing to be served upon the holder
of said permit or the person in charge of such mobile/manufactured
home park, requiring the holder of the permit to appear before the
Town Board of the Town of Webster at a time to be specified in such
notice and show cause why such mobile/manufactured home park permit
should not be revoked. The Town Board may, after a hearing at which
testimony of witnesses may be taken and the holder of the permit shall
be heard, revoke such permit if said Town Board shall find that said
park is not being maintained in a clean and sanitary condition or
if they find that any provisions of this chapter have been violated
or for other sufficient cause. Upon the revocation of such permit,
the premises shall forthwith cease to be used for the purpose of a
mobile/manufactured home park and all mobile/manufactured homes shall
forthwith be removed therefrom.
Any person, firm or corporation who violates any provision of
this chapter shall be guilty of a violation and subject to a fine
of not less than $50 nor more than $250 or to imprisonment for a period
of not less than one day nor more than 15 days, or both such fine
and imprisonment, and, in addition, the violation of this chapter
or any of the provisions thereof shall subject the person, firm or
corporation violating the same to a civil penalty in the sum of $50,
and when a violation of this chapter or any of the provisions thereof
is continuous, each 24 hours thereof shall constitute a separate and
distinct violation; said penalty to be recovered by the Town of Webster
in civil action. The application of the above penalty or penalties
or the prosecution for the violation of the provisions of this chapter
shall not be deemed to prevent the revocation of any permit issued
pursuant thereto or the enforced removal of conditions prohibited
by this chapter.
Nothing in this chapter shall repeal or supersede any provision of Chapter
350, Zoning, of the Code of the Town of Webster and compliance must be shown with the provisions of that chapter before application for a permit may be made hereunder. The issuance of a mobile/manufactured home park permit pursuant to the provisions of this chapter shall not be deemed to waive compliance by the holder thereof, by the property owner or by any occupant of said park with any statute of the State of New York or ordinance or health regulation of the Town of Webster.