[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:
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.
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:
A.
The name and address of the applicant.
B.
The location and legal description of the proposed mobile home park.
C.
The name and address of the owner of the mobile home park.
D.
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.
E.
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.
A.
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.[1]
B.
The hearing shall be held at the place customarily used as the Town
Hall.
C.
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:
A.
The maximum number of mobile home parking spaces in the park shall
be 20.
B.
The mobile home park shall contain a minimum area equivalent to one
acre for each mobile home site.
C.
The park shall be securely enclosed by a woven wire or other closed-type
fence approved by the Town Board.
D.
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.
E.
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.[1]
G.
The park shall provide a hard-surface parking area for two motor
vehicles at or adjacent to each mobile home site.
H.
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.
I.
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.
J.
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.
K.
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.
L.
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.
A.
The licensee shall provide for and maintain a resident manager in
the park, whose name shall be kept on file with the Town Clerk.
B.
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.
C.
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.
D.
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.
A.
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.[1]
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:
A.
The mobile home shall be less than two years old and have a minimum
floor area of 800 square feet.
B.
The mobile home shall be located on at least 40,000 square feet of
land, owned by the mobile home owner.
C.
The mobile home shall be set on a concrete or concrete block foundation,
set on a footing below frost level.
D.
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.
E.
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.
F.
Adequate parking facilities for two automobiles will be provided
on the site.
G.
All construction and design shall be in conformity with Town building
regulations, and all necessary permits therefor shall be acquired.
H.
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.
A.
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.[1]
