A.
Whenever any owner, lessee, contractor, agent or other person who uses or maintains or causes to be used or maintained any manufactured housing park or premises or any part thereof in the village for any purpose other than the uses permitted therefor in this chapter or who erects, enlarges, alters or maintains or causes to be erected, enlarged, altered or maintained any manufactured housing, accessory building or any part thereof in the manufactured home park except in conformity with the provisions of this chapter or who otherwise violates or causes to be violated any provisions of this chapter, each such violation shall be punishable as provided in Chapter 1, General Provisions, Article III, Penalties for Offenses. Each week's continued violation shall constitute a separate offense.
B.
Any violation of this chapter may also be enjoined pursuant
to law.
C.
The remedies provided for herein shall be cumulative
and shall be in addition to any other remedies provided by law.
This chapter shall be enforced by the enforcement officer who shall
be appointed by the Village Board of the Village of Groton. The term "enforcement
officer" shall include the Code Enforcement Officer, the Zoning Enforcement
Officer, the Building Officer and the Zoning Officer.
When unusual circumstances make strict compliance with any regulation or requirement of this set forth in Article V of this chapter unreasonable or impossible, the aggrieved party may apply to the Village Board of Appeals in accordance with the procedures set forth in Article XV, Appeals, of Chapter 200, Zoning. In the event that such an appeal is properly made, the Village Board of Appeals may, in accordance with the procedures set forth in Article XV, Appeals, of Chapter 200, Zoning, vary said regulation or requirement.
A.
From time to time, these regulations may be amended by
the Village of Groton. It is the intention of this section to allow the owner
of a manufactured housing park which is not in compliance with this chapter
due to such amendments to develop a plan or schedule of compliance with the
Village Planning Board to bring the manufactured housing park into compliance
with the amended chapter. If the owner of the manufactured housing park maintains
that compliance is impossible, the plan for compliance shall fully set forth
the basis for that conclusion. It shall be within the discretion of the Planning
Board, subject to review by the Village Board, to determine whether the waiver
of any provision of this chapter is appropriate. Such waiver shall no longer
apply if, at any time in the future, the manufactured housing park subject
to the waiver later is expanded or significantly modified.
B.
The following items are required for all plans or schedules
of compliance unless the Planning Board expressly waives, in writing, one
or more of the following requirements. The Planning Board may request such
additional information as it deems necessary.
(1)
A list of all sections of this chapter that the existing
manufactured housing park is not in compliance with.
(2)
A scope of work that needs to be completed for the manufactured
housing park to come into compliance with these regulations, including a description
of the work and a work schedule.
(3)
The estimated cost of the work needed.
C.
In such cases, the owner of the manufactured housing
park may submit a plan for compliance to the enforcement officer no less than
186 days before an application for renewal is filed. The enforcement officer
shall review the proposed plan for compliance and, before acting thereon,
shall immediately forward a copy to the Village Planning Board for its review
and recommendations. The Village Engineer shall review the estimated costs
submitted with the plan for compliance.
D.
A public hearing shall be held by the Planning Board
within 62 days from the date the plan for compliance is filed. Notice of such
hearing shall be published in the official village newspaper at least five
days before such hearing. Within 62 days after the hearing, the Planning Board
shall forward its recommendation to the Village Board. In determining whether
to recommend the approval of a plan for compliance to the Village Board, the
Planning Board shall consider:
(1)
Whether the plan for compliance will be initiated within
one year of the adoption of the amended manufactured housing park regulations
by the Village Board.
(2)
Whether the plan for compliance will be completed within
a reasonable time, not in excess of five years, as to further the purposes
of the amended manufactured housing park regulations.
(3)
Whether the plan for compliance reasonably assures that
the health, safety, comfort, convenience and general welfare of the residents
of the manufactured housing park will be protected during the completion of
the plan for compliance.
(4)
Whether the plan for compliance places an unreasonable
financial burden on residents of the manufactured housing park in increased
rents or other costs to compensate the owner for expenses of coming into compliance.
(5)
Whether the plan for compliance would create conditions
which would unnecessarily inconvenience or burden the residents of the manufactured
housing park.
(6)
Whether the plan for compliance will adversely affect
abutting property owners.
(7)
Whether any requests for waiver of compliance with the
requirements of the amended manufactured housing park regulations are adequately
supported with evidence of particular difficulties or unnecessary hardship
in meeting strict compliance with this chapter such as costs for compliance
being so excessive as to prevent the park owner from realizing a reasonable
financial return from the investment in the park.
(8)
Whether the plan for compliance sets forth reasonable
alternatives to compliance to fulfill the purposes of the amended manufactured
housing park regulations, including concerns of protecting the public health,
safety and welfare, where strict compliance is proven to be impossible.
(9)
Whether any requests for waiver of compliance adequately
address obligations for future compliance if the manufactured housing park
is expanded or significantly modified.
(10)
Such other matters as the Planning Board, in reasonable
exercise of its discretion, deems reasonably appropriate to effectuate the
intent of the amended manufactured housing park regulations.
E.
The Village Board, within 62 days after receipt of the
Planning Board's recommendation, shall approve the plan for compliance
or shall disapprove the plan for compliance in consideration of the above
factors applied by the Planning Board, or shall return the application to
the Planning Board for further study and a report to the Village Board within
such time period, of not more than 62 days, as the Village Board may direct.
Upon receipt of the report from the Planning Board, the Village Board shall
either disapprove the plan for compliance or shall approve it with or without
conditions. The Village Board, before making any final determination, may,
but shall not be required to, hold a public hearing at least five days after
publication of a notice in the official village newspaper. If the plan for
compliance is approved, the Village Board shall forward to the enforcement
officer a copy of its final determination, which shall incorporate all applicable
recommendations and conditions. Compliance with time schedules in such approved
plans shall be a condition for issuance of occupancy certificates. Approval
of any such plan for compliance shall not be unreasonably denied nor shall
conditions be imposed without written explanation of the reasons for the plan's
failure to satisfy the considerations applied by the Planning Board.
F.
The village shall not grant any variances from the approved
plan for compliance. A plan for compliance may be amended or updated.
In their interpretation and application, the provisions of this chapter
shall be held to be minimum requirements. Whenever the requirements of this
chapter are at variance with the requirements of any other lawfully adopted
rules, regulations or ordinances, the most restrictive, or that imposing the
highest standards, shall prevail. In the event of any conflict between the
provisions of this chapter and any provisions of the New York State Uniform
Fire Prevention and Building Code, the code provisions requiring application
of higher or more stringent standards shall be applicable.
