[Ord. No. 191, §4; Ord. No. 326, §3; Ord. No. 645, §3]
For the purposes of this article, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
A trailer coach which does not have a toilet and bath or
shower.
A trailer coach that has a toilet and bath or shower.
Any trailer, as defined in chapter 23; any trailer which is used within the city for the purpose of a dwelling house. The term mobile home trailer coach shall not include camping trailers.
Mobile home trailer coach park providing space for two or
more trailer coaches.
Any person permitted to operate and maintain a mobile home
trailer coach park under the provisions of this article.
A plot of ground within the mobile home trailer coach park
designated for the accommodation of one mobile home trailer coach.
[Ord. No. 191, §4; Ord. No. 645, §3: Ord. No. 661, §1]
No trailer coach shall be used for any purpose by any person
within the city, except any such coach which is parked in an approved
mobile home trailer coach park or by a special use permit. No mobile
home trailer coach shall be parked on any public alley or upon any
public property of any kind for a period exceeding twenty-four hours.
[Ord. No. 191, §4; Ord. No. 272, §1; Ord. No. 326, §4; Ord. No. 397, §1; Ord. No. 645, §3]
It shall be unlawful for any person to maintain or operate within
the city any trailer coach park unless such person shall first obtain
a special use permit therefor. The permit shall expire on December
31 of each year and there shall be an annual permit charge of not
less than twenty-five dollars or such other amount in excess of twenty-five
dollars as may be designated by the board of aldermen for each mobile
home trailer coach park. In addition to the annual permit charge,
on the first day of each month after the permit is issued, the permittee
shall make a written report to the city clerk listing the occupants
of each space therein during the preceding month.
[Ord. No. 191, §4; Ord. No. 326, §5; Ord. No. 645, §3]
Applications for a permit to construct and operate a mobile
home trailer coach park shall be issued initially by the board of
aldermen of the city. Application shall be made in writing, signed
by the person who will own, maintain or operate the proposed park,
and shall contain the following information:
(a)
The name and address of the person who will own, maintain and operate
the proposed park.
(b)
The location and legal description of the trailer coach park.
(c)
A complete plot plan of the park showing compliance with all of the
provisions of this article.
(d)
Plans and specifications of all buildings and other improvements
to be constructed within the park.
(e)
Such other and further information as may be requested by the board
of aldermen to enable it to determine if the proposed park will comply
with all requirements.
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The application and all accompanying plans and specifications
shall be filed in triplicate. The board of aldermen shall investigate
the applicant and inspect the proposed plans and specifications.
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Upon a finding of good moral character of the applicant, and
compliance with all ordinances and statutes, and after satisfying
itself that the park is reasonable and proper in its proposed location,
the board of aldermen shall approve the application and upon completion
of the park according to the plans submitted, they shall issue the
permit hereunder.
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[Ord. No. 191, §4; Ord. No. 326, §6; Ord. No. 645, §3]
The permit shall be conspicuously posted in the office of or
on the premises of the trailer coach park at all times.
[Ord. No. 191, §4; Ord. No. 326, §7; Ord. No. 645, §3; Ord. No. 675, §1]
(a)
Provisional order. When the city administrator has
reported the violation of this article or of any law or ordinance
of the city, the city clerk shall issue to the affected person a provisional
order to comply.
(1)
Nature of notice. The provisional order, and
all other notices issued in compliance with this article, shall be
in writing, shall be served as provided and shall apprise the person
affected of his specific violations. A copy of such notice shall be
affixed to some structure on the premises. Depositing such notice
in the United States mail shall constitute service thereof.
(2)
Period for compliance. The provisional order
shall require compliance within fifteen days of service on the affected
person.
(3)
Hearing. Upon written application by the person
affected before the expiration of a ten day period for compliance,
the city administrator shall order a hearing within thirty days. Notice
of such a hearing shall be given the affected person by depositing
such notice in the United States mail.
(b)
Modifying authority of city administrator. Upon
written application, or on his own motion, the city administrator
shall have the authority, in a proper case, to extend the time for
compliance, to grant a new hearing date and to change, modify or rescind
any recommendation or order.
(c)
Final order. Upon the failure or refusal of the
person affected to comply with the provisional order or with any order
made after hearing, the city administrator shall then declare and
make the provisional order final.
(1)
Authority of city administrator. The city administrator
shall have the authority to suspend or revoke licenses upon making
and declaring a provisional order final.
(2)
Effect of revocation or suspension. Upon revocation
or suspension, no refund of any portion of the license fee shall be
made to the licensee, and he shall immediately cease all business
at all places under such license.
(d)
Summary action. When the conduct of any licensee,
agent or employee is so inimicable to the public health, safety and
general welfare as to constitute a nuisance and thus give rise to
any emergency, the city administrator shall have the authority to
summarily order the cessation of business and closing of premises
or to suspend or revoke the license.
(1)
Special hearing. Unless waived in writing,
within ten days after he has acted summarily, the city administrator
shall conduct a special hearing in a summary manner for such action
in respect to the summary order as may be therein determined. Notice
of such hearing shall be given the affected person by depositing such
notice in the United States mail.
(e)
Right of appeal.
(1)
Generally. Any person aggrieved by any decision
of the city administrator shall, after hearing, have the right to
appeal to the board of aldermen of the city by filing a written appeal
with the city clerk within ten days following the effective date of
the action or decision complained of.
(2)
Notification of city administrator. At the
time of filing any such appeal, a copy thereof shall be filed by the
appellant with the city administrator.
(3)
Hearing. The board of aldermen shall fix a
time and place for hearing the appeal and shall serve a written notice
by ordinary mail upon the appellant informing him thereof.
(4)
Actions by board of aldermen. The board of
aldermen shall conduct a record hearing and, upon conclusion of such
hearing, issue such orders as are, within the discretion of the board,
determined to be proper under the circumstances. The board of aldermen
may accept, reject or modify the decision and/or order of the city
administrator.
(5)
Effect of decision. The findings of the board
of aldermen shall be final and conclusive and shall be served on the
appellant by ordinary mail.
(f)
Liability of violator.
(1)
Unpaid fee constitutes debt. The amount of
any unpaid fee, the payment of which is required hereunder, shall
constitute a debt to the city.
(2)
Action by city attorney. The city attorney
shall, at the direction of the city administrator, institute civil
suit in the name of the city to recover any such unpaid fee.
(3)
Civil judgment no bar. No civil judgment, or
any act by the city attorney, the city administrator or the violator,
shall bar or prevent a criminal prosecution for each and every violation
of this article.
[Ord. No. 191, §4; Ord. No. 344, §3; Ord. No. 563, §6; Ord. No. 645, §3; Ord. No. 675, §2; Ord. No. 807 §1]
Site plan review shall be performed by the planning and zoning
commission and the board of aldermen.
Mobile home trailer coach parks shall conform to the following
regulations:
(a)
Permitted accessory uses.
(1)
For mobile home parks. Management headquarters,
recreational facilities, community buildings, including toilets, showers,
laundry facilities, vending machines and other uses and structures
customarily incidental to operation of a mobile home park.
(2)
For individual mobile home lots. Porches, and
one storage building of acceptable materials and construction, not
exceeding one hundred square feet in area, in accordance with sound
building practices, shall be located so as to provide setback of 10%
of lot width for each side yard.
(b)
Design standards.
(5)
Minimum setback requirements (measured from
the mobile home to the lot line).
(6)
Public utilities.
a.
The mobile home park shall comply with all sanitary and other
requirements prescribed by law or regulation.
b.
All utility lines shall be underground, including electrical
wiring, telephone lines and cable TV.
c.
Each mobile home lot shall be provided with electrical outlets
installed in accordance with applicable codes and regulations.
d.
Each mobile home lot shall be provided with individual water
and sewer connections to public water and sewer systems and be solidly
capped when not in use.
e.
Each mobile home trailer coach in park shall be considered a
household for the purpose of garbage and rubbish control and subject
to the applicable ordinances.
f.
Mobile homes shall be located on concrete pads not less than
the size of the trailer. Such pads shall be a minimum of six inches
depth of concrete.
g.
Each trailer coach space shall have a concrete patio of at least
seven feet width by twenty-two feet adjacent to the parked trailer
space.
h.
Space shall be provided for the parking of recreational vehicles
with a ratio of one parking space for every five trailer coach spaces
available. Recreational vehicles are defined as any boat, trailer,
or van containing built-in kitchen equipment.
i.
Central aboveground storage tanks for heating gas shall be allowed,
but on a fenced and screened lot. Individual gas tanks shall be prohibited
except for portable Bar-B-Que pits using tanks of thirty pounds of
less.
j.
Lighted walkways shall be provided along both sides of any roadways
existing within the interior of the mobile home park. The walkways
shall be a minimum of two feet wide and having surface lighting or
light posts existing every twenty-five feet.
k.
If a public laundry facility is constructed, additional parking
spaces shall be provided with a ratio of one parking space for every
five trailer coach spaces available.
(7)
Mobile home park expansion. No existing mobile
home park shall be enlarged or extended:
(8)
Protective screening. The development shall
be surrounded by a landscaped or wooded strip of open space at least
thirty feet wide along exterior boundary of the mobile home park.
The rear yard setback requirements may not be used for partial fulfillment
of the protective screening requirement.
(9)
Recreational area. The development shall have
a minimum area of eighty thousand square feet plus three hundred fifty
square feet per trailer coach space in the park. Recreational areas
may not include the protective screening required in paragraph (8)
of this subsection, nor the area required for storm water detention
facilities in paragraph (12) of this subsection. Recreational facilities
shall include:
(11)
Access.
a.
Access to the mobile home park or subdivision shall not be from
a minor residential street.
b.
The number and location of access drives shall be controlled
for traffic safety and protection of surrounding properties.
c.
No individual lot shall have direct access drives to a street
outside the boundaries of the park.
d.
Interior access drives shall be properly lighted.
e.
Interior access drives and through collector streets shall be
in compliance with the standards of the Subdivision Regulations and
shall be dedicated to the city in compliance with such regulations.
(12)
Topography.
a.
The topography of the mobile home park or subdivision shall
be such that rapid drainage will be facilitated and that adequate
drainage facilities can be provided, including storm water detention
facilities as set out in the Subdivision Regulations.
b.
A reasonable effort shall be made to preserve the natural amenities
of the mobile home park or subdivision.
c.
Mobile home parks shall not be located in floodplain designated
areas.
(13)
Mobile home structure.
a.
All mobile homes shall be securely tied down. Tie-downs shall
meet the specifications and requirements of the city and state.
b.
All mobile homes shall be underskirted in such a way that all
areas directly under the mobile home are enclosed.
c.
All mobile homes shall be in good condition and appearance and
not be in a dilapidated or run-down condition.
d.
Mobile homes needing extensive repairs shall not be brought
in. However, this shall not preclude a resident of a previously occupied
mobile home from making repairs to his mobile home damaged by fire
or other cause while within that particular mobile home park within
the city.
e.
Mobile homes that are damaged by fire or other cause shall begin
repairs within thirty days after the damage occurred and shall be
complete within ninety days or be removed from the park.
f.
The building commissioner shall have the authority and responsibility
to administer and enforce the provisions of this article.
[Ord. No. 191, §4; Ord. No. 326, §8; Ord. No. 645, §3; Ord. No. 675, §3]
It shall be the duty of the permittee to keep a register containing
a record of all trailer coach owners and occupants located within
the park. The register shall contain the following information:
(a)
Name and address of each occupant.
(b)
The make, model and year of all automobiles and trailer coaches.
(c)
License number and owner of each trailer coach and automobile by
which it is towed.
(d)
The state issuing such licenses.
(e)
The dates of arrival and departure of each trailer coach.
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The park shall keep the register available for inspection at
all times by law-enforcement officers, public health officials and
other officials whose duties necessitate acquisition of the information
contained in the register. The register records shall not be destroyed
for a period of three years following the date of departure.
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Each permittee shall keep a register of mobile homes and their
previous locations prior to a park within the city. Mobile homes previously
located within areas known to have contaminated or hazardous materials
shall be prohibited from being located within a mobile home park within
the city.
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[Ord. No. 675, §4]
It shall be the duty of the building commissioner to enforce
this article.
The occupant or owner of a mobile home in or upon which a violation
of any provisions of this article has been committed or shall exist,
or any other person who commits, takes part in or assist in any violation
or who maintains any mobile home in or upon which such violation shall
exist, shall be guilty of a misdemeanor punishable by a fine of not
less than ten dollars and not more than five hundred dollars for each
day that such violation continues, or by imprisonment for ten days
for each day such violation shall continue, or by both such fine and
imprisonment, in the discretion of the court.
Any such person who, having been served with an order to remove
any such violation, shall fail to comply with the order within ten
days after such service, or shall continue to violate any provision
of the regulations made under authority of this article in the respect
named in such order, shall also be subject to a civil penalty of five
hundred dollars.
