[HISTORY: Adopted by the Town Board of the Town of Barton 8-27-1973. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- MOBILE HOME
- Any eating, sleeping or living unit which was originally designed or constructed to be transported by any motor vehicle over the public highways, together with any auxiliary additions, attachments, annexes, foundations and appurtenances to or for the same.
- MOBILE HOME PARK
- Any space or plot of ground upon which two or more mobile homes are located, regardless of whether or not a charge is made for the use of such space or plot.
- The Town of Barton, Washington County, State of Wisconsin.
It shall be unlawful for any person, firm, or corporation to establish, maintain or operate a mobile home park within the Town unless a license to establish and operate such park has been issued by the Town Board.
Except as provided in this chapter, it shall be unlawful for any person, firm or corporation to place, keep or maintain any mobile home within the Town for eating, sleeping or living purposes.
Any person, firm or corporation proposing to establish, maintain or operate a mobile home park within the Town shall first apply for and receive a license from the Town Board under this chapter.
Every applicant for a license to maintain or operate a mobile home park within the Town shall file with the Town Clerk an original application, in writing, signed by the applicant and containing the following:
The name and address of the applicant.
The location and legal description of the proposed mobile home park.
The name and address of the owner of the mobile home park.
A complete plan of the park showing the location of driveways, parking spaces for mobile home units, sewer facilities, water facilities, lighting facilities, administration facilities and other matters required by the ordinances of the Town, the ordinances of Washington County, the Wisconsin Statutes or the Wisconsin Administrative Code.
The name and address of the owner of each parcel of land lying within 1,000 feet of the boundaries of the proposed mobile home park.
Upon the filing of the mobile home park application with the information required therein, together with a filing fee in an amount as provided in the Town Fee Schedule to cover the expenses of a hearing, the Town Clerk shall cause a notice of hearing to be published in a newspaper having a general circulation in the area of the proposed mobile home park as a Class 2 notice and to be mailed to each of the property owners living within 1,000 feet of the proposed park, with the first publication and mailing to be at least 15 days before the date of the hearing.
The hearing shall be held at the place customarily used as the Town Hall.
Within 20 days after the close of the hearing, the Town Board shall determine if the applicant is entitled to a license under the provisions of this chapter, but such license shall not be issued by the Clerk until the applicant has complied with all of the requirements of § 366-7 of this chapter.
No mobile home park shall be licensed by the Town Board unless the proposed park meets all of the following minimum standards:
The maximum number of mobile home parking spaces in the park shall be 20.
The mobile home park shall contain a minimum area equivalent to one acre for each mobile home site.
The park shall be securely enclosed by a woven wire or other closed-type fence approved by the Town Board.
The park shall have a drilled well, with enclosed pumphouse, meeting the minimum standards of the Sanitary Ordinance of Washington County and the rules and regulations of the Wisconsin Department of Natural Resources, with service at each mobile home site.
The park shall have a private sewage disposal system or systems meeting the minimum requirements of the Washington County Sanitary Code and of the Wisconsin Department of Safety and Professional Services, with a sewage connection at each mobile home site.
The park shall provide a hard-surface parking area for two motor vehicles at or adjacent to each mobile home site.
All driveways in the park shall be at least 20 feet wide, surfaced with five inches of road gravel covered by three inches of blacktop surfacing satisfactory to the Town Board.
All unpaved areas of the mobile home park shall be landscaped to accommodate surface water drainage and be seeded to prevent erosion. Weeds must be controlled in compliance with state law.
An adequate system of overhead lights shall be provided from the entrance of the park throughout the area occupied by mobile homes, with such number and size of lights as shall be required by the public utility servicing the area to insure the same standard of lighting as that prevailing in the rural hamlets of the Town for streetlighting purposes.
A standard-type dwelling or a mobile home unit having at least 800 square feet of floor space set upon a concrete or concrete block foundation through the frost line shall be provided in the park as a dwelling place for a resident manager of the park.
Evidence, acceptable to the Town Board, of contract arrangements for the regular pickup and removal of garbage and rubbish from the park shall be made, kept in force and filed with the Town Clerk.
The licensee shall provide for and maintain a resident manager in the park, whose name shall be kept on file with the Town Clerk.
All mobile homes admitted to the park, except those coming under the provisions of § 366-13 hereof, shall be owner-occupied, be less than two years old when admitted to the park and have a minimum area of 800 square feet.
The licensee of each park shall keep a complete and accurate registry of all mobile homes permitted in his park and shall be liable for the monthly parking permit fee for any mobile home occupying space therein and shall pay all of such fees to the Treasurer of the Town before the 10th day of each month, with a statement showing the name or occupant of each unit and the identification number of the space occupied, and the licensee shall file with such report a list of all of the mobile homes using such park which are exempt under § 366-13 of this chapter, and in each such case, an exemption certificate shall be filed in duplicate.
The licensee shall permit the Town Board or its designated representative to inspect the mobile home park at any time to determine compliance with this chapter.
Any license granted under this chapter for a mobile home park shall be subject to revocation or suspension for cause by the Town Board upon complaint filed with the Town Clerk, signed by any law enforcement officer, health officer or building inspector, after a public hearing upon such complaint, provided that the holder of such license shall be given 10 days' notice, in writing, of such complaint and be entitled to appear and be heard to show cause why such license should not be revoked. Such licensee shall have the right to appeal to Circuit Court of Washington County under the conditions prescribed by the Wisconsin Statutes.
Upon application, in writing, for a transfer of a mobile home park license made to the Town Clerk, accompanied by the transfer fee specified in § 366-11A of this chapter, the Town Board shall have the right to approve the transfer of such license to a new licensee who satisfies the Town Board that he will be able to operate such mobile home park in the manner provided by this chapter.
The annual license fee for each mobile home park shall be in an amount as provided in the Town Fee Schedule, which shall be payable annually in advance on or before January 1 of each year. The fee for the transfer of any license shall be in an amount as provided in the Town Fee Schedule, payable with the application for transfer. In the year of application, the annual license fee shall be prorated on a monthly basis.
Each licensee shall renew his license annually on or before the first day of January of each year upon a renewal application furnished by the Town Clerk and shall transmit therewith the annual license fee applicable to his park.
No mobile home in any mobile home park shall be deemed exempt from the monthly parking permit fee under § 66.0435(3), Wis. Stats., unless the licensee of the park shall file an exemption certificate, in duplicate, with the Town Clerk, together with a fee in an amount as provided in the Town Fee Schedule, to cover the recording and inspection expenses of the Town within five days of the arrival of such mobile home unit in the mobile home park.
No mobile home shall hereafter be moved into or within the Town for the purpose of eating, sleeping or living, unless the following minimum standards are met:
The mobile home shall be less than two years old and have a minimum floor area of 800 square feet.
The mobile home shall be located on at least 40,000 square feet of land, owned by the mobile home owner.
The mobile home shall be set on a concrete or concrete block foundation, set on a footing below frost level.
The mobile home shall be provided with the same sewage disposal and water facilities on the site as are required for a normal three-bedroom single-family dwelling.
The mobile home shall be so located and situated as to comply with all applicable requirements of the Town or County Zoning and Land Division Ordinances.
Adequate parking facilities for two automobiles will be provided on the site.
All construction and design shall be in conformity with Town building regulations, and all necessary permits therefor shall be acquired.
Written approval of the Town Board must be obtained before any mobile home shall be moved into or within the Town for eating, sleeping or living purposes.
The owner of land within or outside of a mobile home park upon which any mobile home is situated shall, within five days after any mobile home has been placed upon such land, notify the Town Clerk of such mobile home and shall furnish to the Town Clerk and the Town Assessor such information regarding such mobile home as shall be required on forms prepared by the Wisconsin Department of Revenue.
The Town Assessor shall, in accordance with § 66.0435(3), Wis. Stats., determine the total fair value, as a dwelling unit, of each occupied mobile home in the Town, and in the event a mobile home shall be moved into the Town after any January 1, the Town Assessor shall make such valuation as soon as he has been notified of the moving of any such mobile home into the Town. The Town Assessor shall make such valuation upon the forms provided by the Wisconsin Department of Revenue and shall file such valuation with the Town Clerk as soon as its valuation has been made by the Assessor.
The owner of each mobile home outside of a mobile home park shall pay a monthly parking permit fee, as determined by the Town Clerk, on or before the 10th day of the month following the month for which such parking permit fee is due; provided, however, the owner of the land on which such mobile home is situated may pay to the Town Clerk in advance any monthly permit fees due up to and including December 31 of each year. The monthly parking permit fees for each such mobile home shall be determined by the Town Clerk in accordance with the provisions of § 66.0435(3)(c), Wis. Stats.
Annually, the Town Clerk shall ascertain the proportion of the monthly parking fee for each mobile home which is payable to the common and/or high school district in which such mobile home is located, as provided by § 66.0435(8), Wis. Stats., after first deducting from such monthly parking permit fees a sum equal to 10% thereof for administration expenses. The Town Clerk shall, on the 20th day of each month, pay to the proper school districts such proportion of the monthly parking permit fees collected for the preceding month as shall be so determined to belong to such school district, and he shall transfer the balance of such monthly parking permit fees to the Town Treasurer.
Any mobile home located within the Town which includes any additions, attachments, annexes, foundations and appurtenances whose assessed value equals or exceeds 50% of the assessable value of the mobile home shall not be deemed to be a mobile home and shall be placed upon the tax roll as an improvement to real estate and shall be assessed as such, provided that such mobile home meets all other requirements of this chapter.
No provision of this chapter shall prohibit the temporary use of any mobile home by the personal guests of the owner of property within the Town, provided such use shall be limited to 15 days in any one calendar year, with the right of the Town Board to grant permission to the owner of property whose dwelling has been substantially damaged by fire or other accidental means to keep a mobile home in the Town on his property for a period of not to exceed six months upon payment in advance of the monthly parking permit fee required under this chapter.
The Town Board shall have the power, after notice to the owner of any mobile home, the occupant thereof, or the owner of the land on which it is located, to require such mobile home to be removed from the Town if such mobile home has fallen into neglect, is unfit for dwelling purposes, is a detriment to the valuation of adjoining properties, or if any provision of this chapter has been violated.
Any person, firm or corporation, who shall bring a mobile home into the Town for living, eating, or dwelling purposes, except as permitted in this chapter, shall be required to pay a forfeiture of $25, and each day such mobile home remains in the lot contrary to this chapter shall be a separate offense.