[Ord. No. 359, 3/28/1972,
§ 1]
The legally designated health authority of Pennsylvania (Pennsylvania
Department of Health) or (Erie County Department of Health) of the
political subdivision concerned.
Written approval, in whatever form, as issued by the Pennsylvania
Department of Health or the Erie County Department of Health or Wesleyville
Borough, authorizing a person to operate and maintain a mobile home
park.
A transportable, single-family dwelling, which may be towed
on its own running gear and which may be temporarily or permanently
affixed to real estate, used for nontransient residential purposes.
A parcel of land in a mobile home park, constructed with
the necessary utility connections, patio, and other appurtenances
necessary for the erection thereon of a single mobile home, and the
exclusive use of its occupants.
A parcel of land under single ownership which has been planned
and improved for the placement of mobile homes for nontransient use.
Any individual, firm, trust, partnership, public or private
association or corporation, or other entity.
A vehicle with or without motive power which may be towed
on the public highways by a passenger automobile without a special
hauling permit, and which is designed for human occupancy under transient
circumstances, such as camping, travel, or other recreation, sometimes
variously known as a "travel trailer" or a "camping trailer."
A structure housing operational, office, recreational, park
maintenance and other facilities built to conform to required local
standards.
The sewer connection consists of all pipes, fittings, and
appurtenances from the drain outlet of the mobile home to the inlet
of the corresponding sewer riser pipe.
That portion of the sewer lateral which extends vertically
to the ground elevation and terminates at each mobile home space.
The water connection consists of all pipes, fittings and
appurtenances from the water riser pipe to the water inlet pipe of
the distribution system within the mobile home.
That portion of the water service pipe which extends vertically
to the ground elevation and terminates at a designated point at each
mobile home lot.
The water service pipe consists of all pipes, fittings, valves
and appurtenances from the water main of the park distributing system
to the water outlet of the distribution system within the mobile home.
[Ord. No. 359, 3/28/1972,
§ 2; as amended by Ord. No. 388, 9/13/1978; by Ord. No. 12-13-1989, 12/13/1989; and by Ord. No. 01/13/99, 1/13/1999, §§ 1,
3]
1.
Permits Required. It shall be unlawful for any person to construct,
alter, or extend any mobile home park within the limits of Wesleyville
Borough unless he holds a valid permit issued by the Health Authority
in the name of such person for the specific construction, alteration,
or extension proposed, and also a permit issued by this municipality
hereunder.
2.
Application to Health Authority. All applications for permits shall
be made by the owner of the mobile home park or his authorized representative.
3.
Application to Wesleyville Borough. The applicant shall submit an
application to the Borough Council, using a form furnished by the
Borough Secretary, for a permit to construct a mobile home park in
Wesleyville Borough. Each application shall be accompanied by three
copies of the plot plan drawn to scale and prepared by a licensed
engineer or architect, which will include:
A.
The location of the proposed mobile home park.
B.
Plans and specifications of all buildings, improvements, and facilities
constructed within the mobile home park.
C.
The proposed use of buildings shown on the site.
D.
The location and size of all mobile home spaces.
E.
The location of all points of entry and exit for motor vehicles and
internal circulation pattern.
F.
The location of all landscaping to be provided.
G.
The location of all lighting standards to be provided.
H.
The location of all walls and fences and the indication of their
height and the materials of their construction.
I.
The location of all off-street parking facilities.
J.
The name and address of the applicant.
K.
Such other architectural and engineering data as may be required
to determine if the provisions of this Part are being complied with.
A time schedule for development shall be prepared, which shall
demonstrate the applicant's readiness and ability to provide
the proposed services.
4.
Inspection and Issuance of Permit. Upon receipt of such application,
the Borough Council shall forthwith inspect the applicant's plans
and proposed park to determine compliance with the provisions of this
Part. After favorable determination of same, said officer shall issue
a mobile home park permit to applicant which shall be valid for a
period of one year thereafter.
5.
Park Areas for Nonresidential Uses.
A.
No part of any park shall be used for nonresidential purposes, except
such uses that are required for the direct servicing and well-being
of park residents and for the management and maintenance of the park.
B.
Nothing contained in this section shall be deemed as prohibiting
the sale of a mobile home located on a mobile home lot and connected
to utilities.
C.
Mobile homes shall not be used for commercial, industrial, or other
nonresidential uses within the mobile home parks except for home occupations.
6.
Renewal Permits. Renewal permits for a like period shall be issued
by said officer upon furnishing proof by the applicant that his park
continues to meet the standards prescribed by this Part.
7.
Fees. Each application for a new or renewal permit hereunder shall
be accompanied by payment of an inspection fee as established by resolution
of the Borough Council. In the event that the Building Inspector is
required to perform additional or unusual service in determining said
application, the cost of such additional service shall be borne by
the applicant. Such charges shall be levied whether or not the application
is approved. At its 1999 organizational meeting, Wesleyville Borough
Council shall adopt, by resolution, a comprehensive fee schedule establishing
the amount of each fee for the calendar year of 1999. Thereafter,
Wesleyville Borough Council shall at it regular June meetings adopt,
by resolution, a comprehensive schedule establishing the amount of
each fee to be effective from January 1 through December 31 of the
following calendar year. A written summary of the comprehensive fee
schedule shall be available to the general public at the Borough's
office, located at 3421 Buffalo Road, Wesleyville, PA 16510.
8.
Limited Applicability to Existing Parks. Mobile home parks in existence
upon the effective date of this Part shall be required to meet the
standards of the Borough except where otherwise exempt therefrom on
account of a nonconforming preexisting use.
9.
The license by Wesleyville Borough shall be renewed on July 1 of
each year, and the fee shall be determined from time to time by resolution
of Borough Council. At its 1999 organizational meeting, Wesleyville
Borough Council shall adopt, by resolution, a comprehensive fee schedule
establishing the amount of each fee for the calendar year of 1999.
Thereafter, Wesleyville Borough Council shall at its regular June
meetings adopt, by resolution, a comprehensive schedule establishing
the amount of each fee to be effective from January 1 through December
31 of the following calendar year. A written summary of the comprehensive
fee schedule shall be available to the general public at the Borough's
office, located at 3421 Buffalo Road, Wesleyville, PA 16510.
[Ord. No. 359, 3/28/1972,
§ 3; as amended by Ord. No. 12-13-1989, 12/13/1989]
1.
No mobile home shall be installed on a mobile home lot until all
required improvements such as storm sewers, sanitary sewers, walks,
paving, and landscaping have been installed, inspected, and approved
by the Borough Council. Approval shall be given, in writing, by the
Borough Council. All requests or exceptions to place a mobile home
on a lot prior to completion of construction of improvements shall
be in writing to the Borough Council.
A.
Department of Health License. It shall be unlawful for any person
to operate any mobile home park within the limits of Wesleyville Borough
unless he holds a license issued annually by Wesleyville Borough in
the name of such person for the specific mobile home park.
B.
Transfer of Ownership. Every person holding a license shall file
notice, in writing, to the Borough Secretary within 10 days after
having sold, transferred, given away, or otherwise disposed of interest
in or control of any mobile home park. If the license is transferred,
proof of such transfer shall be furnished by the Borough Secretary.
C.
Suspension. Whenever, upon inspection of any mobile home park, it is determined that conditions or practices exist which are in violation of any provision of this Part or of any regulations adopted pursuant thereof, the Borough Secretary shall give notice, in writing, in accordance with § 14-117, Subsection 1, to the persons to whom the license was issued, advising them that unless such conditions or practices are corrected within a reasonable period of time specified in the notice, the license to operate in the Borough of Wesleyville shall be suspended. At the end of such period, such mobile home park shall be inspected and, if such conditions or practices have not been corrected and the licensee has not requested a hearing as provided in § 14-117, Subsection 2, the Borough Council shall suspend the license and give notice, in writing, of such suspension to the person to whom the certificate is issued.
[Ord. No. 359, 3/28/1972,
§ 4; amended by Ord. No. 5/28/2003C]
1.
Inspections. A representative of the Borough of Wesleyville shall
inspect a mobile home, mobile home park, building service equipment,
service buildings and community service facilities at reasonable intervals
and at reasonable times to determine compliance with this Part.
2.
Inspector. The Zoning Administrator is hereby designated as the person
to make such inspections. Another or additional inspectors may also
be authorized to make inspections or additional inspections at the
discretion of the Borough Council.
3.
Authorization to Act. The Zoning Administrator may, in his discretion,
give notice for violations of this Part and issue notice thereof.
[Ord. No. 359, 3/28/1972,
§ 5; as amended by Ord. No. 12-13-1989, 12/13/1989]
1.
Minimum Park Area. A mobile home park shall have a gross area of
at least five contiguous acres of land.
2.
Site Location. The location of all mobile home parks shall comply
with the following minimum requirements:
A.
Free from adverse influence by swamps, marshes, garbage or rubbish
disposal areas, or other potential breeding places for insects or
rodents.
B.
Not subject to flooding.
C.
Not subject to any hazard or nuisance, such as excessive noise, vibration,
smoke, toxic matter, radiation, heat, odor, or glare.
3.
Site Drainage Requirements.
A.
The ground surface in all parts of every park shall be graded and
equipped to drain all surface water in a safe, efficient manner.
B.
Surface water collectors and other bodies of standing water capable
of breeding mosquitoes and other insects shall be eliminated or controlled
in a manner approved by the Borough.
C.
Wastewater from any plumbing fixture or sanitary sewer line shall
not be deposited upon the ground surface in any part of a mobile home
park.
4.
Soil and Ground Cover Requirements.
A.
Exposed ground surfaces in all parts of every park shall be paved,
or covered with stone screenings, or other solid material, or protected
with a vegetative growth that is capable of preventing soil erosion
and the emanation of dust during dry weather.
B.
Park grounds shall be maintained free of vegetation growth which
is poisonous or which harbor rodents, insects, or other pests harmful
to man.
5.
Required Setbacks, Buffer Strips, and Screening.
A.
All occupied mobile homes shall be located at least 50 feet from
any park property boundary line abutting upon a public street or highway
and at least 15 feet from other park property boundary lines. Front
depth shall be increased to 100 feet if within 1/2 mile radius of
a limited-access highway interchange and on Route 20.
B.
There shall be a minimum distance of 10 feet between an individual
mobile home, including accessory structures attached thereto, and
adjoining pavement of a park street, or common parking area or other
common areas and structures.
C.
All mobile home parks shall be required to provide screening, such
as fences or natural growth, along the property boundary line separating
park and such adjacent nonresidential and residential use.
6.
Erection and Placement of Mobile Homes.
A.
Mobile homes shall be separated from each other and from other buildings
and structures by at 15 feet on all sides.
B.
An enclosure of compatible design and material shall be erected around
the entire base of each mobile home. Such enclosure shall provide
sufficient ventilation to inhibit decay and deterioration of the structure.
7.
Park Street System.
A.
General Requirements. A safe and convenient vehicular access shall
be provided from abutting public streets or roads.
B.
Access. The entrance road, or area, connecting the park with a public
street or road shall have a minimum pavement width of 24 feet where
no parking is permitted and an additional 10 feet of width on each
side where parallel parking is permitted.
C.
Internal Streets. Surface roadways shall be of adequate width to
accommodate anticipated traffic, and in any case shall meet the following
minimum requirements:
(1)
Where parking is permitted on both sides, a minimum pavement
width of 36 feet will be required;
(2)
A minimum road pavement width of 28 feet will be required where
parking is limited to one side;
(3)
A minimum road permitted width of 20 feet will be required where
off-street parking is provided;
(4)
Dead-end streets shall be provided at the closed end with a
turnaround having an outside paved roadway diameter of at least 70
feet.
D.
Required Illumination of Park Street System. All parks shall be furnished
with lighting units so spaced, and equipped with luminaries placed
at such mounting heights, as will provide average levels of illumination
for the safe movement of pedestrians and vehicles at night.
E.
Street Construction and Design Standards.
(1)
Streets. All streets shall be surfaced in accordance with (municipality)
specifications applicable to streets in conventional residential developments.
Paved surface shall be asphalt or concrete.
(2)
Street Grades.
(a)
There shall be in general a minimum grade of at least 1% on
all streets; a maximum grade of 5% on arterial and collector streets;
and 9% on minor streets.
(b)
Vertical curves shall be used in changes of grade exceeding
1%, and shall be designed for maximum visibility. Intersections shall
be approached on all sides by leveling areas. Where the grade exceeds
7%, such leveling areas shall have a minimum length of 50 feet (measured
from the intersection of the center line), within which no grade shall
exceed a maximum of 4%.
(3)
Minimum right-of-way widths for interior streets shall be 30
feet.
(4)
Intersections. Within the park within 100 feet of an intersection,
streets shall be approximately right angles. A distance of at least
150 feet shall be maintained between center lines of offset intersecting
streets. Intersections of more than two streets at one point shall
be avoided.
8.
Off-Street Parking Areas. Off-street parking for at least two motor vehicles shall be provided for each mobile home lot. Off-street areas for additional vehicles of park occupants and guests shall be provided where street rights-of-way are of insufficient width. Off-street parking spaces shall be provided in accordance with Chapter 27, Zoning, as amended.
9.
Visitors Parking. There shall be provided off-street parking for
at least one motor vehicle for every two mobile home lots.
10.
Walks.
A.
General Requirements. All parks shall provide safe, convenient, all-season
pedestrian access of adequate width for intended use, durable and
convenient to maintain, between individual mobile homes, the park
street, and all community facilities provided for park residents.
Sudden changes in alignment and gradient shall be avoided.
B.
Common Walk System. Where pedestrian traffic is concentrated, and
a common walk system is provided, such common walks shall have a minimum
width of 3 1/2 feet.
C.
Individual Walks. All mobile home lots shall be connected to common
walks, or to streets, or to driveways or parking spaces connecting
to a paved street. Such individual walks shall have a minimum width
of two feet.
11.
Construction of Mobile Home Lots.
A.
Mobile home lots within the park shall have an area of 4,500 square
feet, a minimum width of 45 feet and a minimum depth of 100 feet,
measured from the edge of the road right-of-way; if a portion of the
park is designed for the transient accommodation of recreational vehicles,
lots constructed for this purpose shall have an average gross area
of not less than 800 square feet.
B.
The total number of lots in a park shall not exceed an average density
of seven per acre.
C.
Each mobile home lot shall be improved to provide an adequate foundation
for the placement of the mobile home, and in such position as to allow
a minimum of 10 feet between the mobile home and the right-of-way
of the park street which serves the lot.
12.
Recreational Area. A recreational area, or areas, with suitable facilities, shall be maintained within the park for the use of all park residents. An area shall be set aside for recreational activities as required by Chapter 27, Zoning, or other Wesleyville Borough ordinances.
13.
Not less than 10% of the gross area of the park must be improved
for recreational activities of the residents of the park. Gross area
shall not include land unsuited for development.
[Ord. No. 359, 3/27/1972,
§ 6; as amended by Ord. No. 12-13-1989, 12/13/1989; and by Ord. No. 5/28/2003C]
1.
General Requirements. An adequate supply of water shall be provided
for mobile homes, service buildings and other accessory facilities
as required by this Part. Where a public water supply system of satisfactory
quantity, quality and pressure is available, connection shall be made
thereto and its supply shall be used exclusively. Where a satisfactory
public water supply system is not available, the development of a
private water supply system shall be approved by the other authorities
having jurisdiction.
2.
Source of Supply. The water supply shall be capable of supplying
a minimum of 150 gallons per day per mobile home.
3.
Water Distributing System. All water piping, fixtures and other equipment
shall be constructed and maintained in accordance with state and local
regulations.
4.
Individual Water Riser Pipes and Connections.
A.
Individual water riser pipes shall be located within the confined
area of the mobile home stand at a point where the water connection
will ensure the shortest connection possible. Connection from the
riser to the mobile home shall be made of materials which meet ASTM
F 1281, ASTM F 876 and ASTM D 1527 standards.
[Ord. No. 5/28/2003C]
B.
The water riser pipe shall have a minimum inside diameter of 3/4
inch and terminate at least four inches above the ground surface and
shall have an in-line backflow preventer or atmospheric-type vacuum
breaker installed in the water riser pipe before the riser connection
to the mobile home. The water riser shall be of frost-proof construction.
The water outlet shall be provided with a cap when a mobile home does
not occupy the lot.
[Ord. No. 5/28/2003C]
C.
Adequate provisions shall be made to prevent freezing of service
lines, valves and riser pipe and to protect risers from heaving and
thawing actions of ground during freezing weather. Surface drainage
shall be diverted from the location of the riser pipe.
D.
A shutoff valve below the frost line shall be provided near the water
riser pipe on each mobile home lot. Underground stop-and-waste valves
are prohibited unless their type of manufacture and their method of
installation are approved.
[Ord. No. 359, 3/28/1972,
§ 7; as amended by Ord. No. 12-13-1989, 12/13/1989; and by Ord. No. 5/28/2003C]
1.
General Requirements. An adequate and safe sewerage system shall
be provided in all parks for conveying and disposing of sewage from
mobile homes, service buildings, and other accessory facilities. Such
system shall be designed, constructed, and maintained in accordance
with the appropriate Health Authority or local health regulations.
All mobile homes shall be connected to a sanitary sewer line.
2.
Individual Sewer Connections.
A.
Each mobile home lot shall be provided with at least a four-inch-diameter
sewer riser pipe.
B.
The sewer connection shall have a nominal inside diameter of not
less than three inches, and the slope of any portion thereof shall
be at least 1/4 inch per foot. All joints shall be watertight.
C.
The sewer connection shall have a nominal inside diameter of not
less than three inches, and the slope of any portion thereof shall
be at least 1/4 inch per foot. Connections from the mobile home to
the lateral shall be of an elastomer material with mechanical sealing
devices and the connections from the lateral to the sewer riser shall
be sealed. All joints shall be watertight.
[Ord. No. 5/28/2003C]
D.
Provisions shall be made for plugging the sewer riser pipe with either
an elastomer cap with a mechanical sealing device or a mechanical
plug when a mobile home does not occupy the lot. Surface drainage
shall be diverted away from the riser. The rim of the riser shall
extend at least four inches above the ground surface.
[Ord. No. 5/28/2003C]
3.
Sewer Lines. All sewer lines shall be located in trenches of sufficient
depth to be free of breakage from traffic or other movements and shall
be separate from the park water system. All sewer lines shall be constructed
of approved materials by Wesleyville Borough and shall have watertight
joints.
4.
Sewage Treatment and/or Discharge. Where the sewer lines of the mobile
home park are not connected to a public sewer, all proposed sewage
disposal facilities shall be approved by the appropriate health authority
prior to construction.
[Ord. No. 359, 3/28/1972,
§ 8]
1.
General Requirements. Every park shall contain an electrical wiring
system consisting of wiring fixtures, equipment, and appurtenances
which shall be installed and maintained in accordance with local electric
power company's specifications regulating such systems.
2.
Power Distribution Lines. Main power lines and all direct burial
conductors must meet the requirements of the Pennsylvania Electric
Company.
3.
Individual Electrical Connections. Each mobile home lot will be provided
with equipment approved by the Pennsylvania Electric Company.
[Ord. No. 359, 3/28/1972,
§ 9]
1.
The requirements of this section shall apply to service buildings,
recreation buildings and other community service facilities. Every
person shall submit as a part of the Master Plan of Development a
plan which shall show proposed construction, which may include the
following:
[Ord. No. 359, 3/28/1972,
§ 10; as amended by Ord. No. 12-13-1989, 12/13/1989]
The storage, collection and disposal of refuse in the mobile
home park shall be so conducted as to create no health hazards, rodent
harborage, insect breeding areas, accident or fire hazards or air
pollution and shall comply with Borough regulations.
[Ord. No. 359, 3/28/1972,
§ 11; as amended by Ord. No. 12-13-1989, 12/13/1989]
Grounds, buildings and structures shall be maintained free of
insects and rodent harborage and infestation. Extermination methods
and other measures to control insects and rodents shall conform with
the requirements of the Borough regulations.
[Ord. No. 359, 3/28/1972,
§ 12]
1.
Natural Gas System. All fixtures, equipment and appurtenances shall
be installed and maintained in accordance with the local gas company's
specifications regarding such system.
2.
Liquefied Petroleum Gas Systems. Liquefied petroleum gas systems
provided for mobile homes, service buildings, or other structures,
when installed, shall be maintained in conformity with the rules and
regulations of the authority having jurisdiction and shall include
the following:
A.
Systems shall be provided with safety devices to relieve excessive
pressures and shall be arranged so that the discharge terminates at
a safe location.
B.
Systems shall have at least one accessible means for shutting off
gas. Such means shall be located outside the mobile home and shall
be maintained in effective operating condition.
C.
All LPG piping outside of the mobile homes shall be well-supported
and protected against mechanical injury. Undiluted liquefied petroleum
gas in liquid form shall not be conveyed through piping equipment
and systems in mobile homes.
D.
Vessels of more than 12 and less than 60 United States gallons' gross
capacity may be securely but not permanently fastened to prevent accidental
overturning.
E.
No LPG vessel shall be stored or located inside or beneath any storage
cabinet, carport, mobile home or any other structure unless such installations
are especially approved by the authority having jurisdiction.
3.
Fuel Oil Supply System.
A.
All fuel oil supply systems provided for mobile homes, service buildings
and other structures shall be installed and maintained in conformity
with the rules and regulations of the authority having jurisdiction
when provided.
B.
All piping from outside fuel storage tanks or cylinders to mobile
homes shall be securely, but permanently, fastened in place.
C.
All fuel oil supply systems provided for mobile homes, service buildings,
and other structures shall have shutoff valves located within five
inches of storage tanks.
D.
All fuel storage tanks or cylinders shall be securely placed and
shall not be less than five feet from any mobile home exit. This will
include the front and rear of each lot.
E.
Storage tanks located in areas subject to traffic shall be protected
against physical damage.
[Ord. No. 359, 3/28/1972,
§ 13]
1.
Local Regulations. The mobile home park area shall be subject to
the rules and regulations of the Wesleyville Borough Fire Prevention
Authority.
2.
Litter Control. Mobile home park areas shall be kept free of litter,
rubbish and other flammable materials.
3.
Fire Extinguishers. Portable fire extinguishers of a type approved
by the Fire Prevention Authority shall be kept in public service buildings
under park control, and a sufficient number shall be maintained throughout
the park in readily accessible and well-marked positions.
4.
Fire Hydrants.
A.
Fire hydrants shall be installed if their water supply source is
capable to serve them in accordance with the requirement:
(1)
The water supply and fire hydrants shall meet the requirements
of the local fire department.
B.
Fire hydrants, if provided, shall be located within 600 feet of any
mobile home, service building or other structure in the park and shall
be installed in accordance with Wesleyville Borough specifications.
[Ord. No. 359, 3/28/1972,
§ 14]
[Ord. No. 359, 3/28/1972,
§ 15]
1.
Responsibilities.
A.
The person to whom a license for a mobile home park is issued shall
operate the park in compliance with this Part and shall provide adequate
supervision to maintain the park, its facilities and equipment in
good repair and in a clean and sanitary condition.
B.
The park management shall supervise the placement of each mobile
home on its mobile home lot, which includes securing its stability
and installing all utility connections.
C.
The park management shall give the health officer free access to
all mobile home lots, service buildings and other community service
facilities for the purpose of inspection.
D.
The management shall maintain a register containing the names of
all park occupants. Such register shall be available to any authorized
person inspecting the park. The management shall notify the appropriate
officer, in accordance with state and local taxation laws, of the
arrival and departure of each mobile home.
[Ord. No. 359, 3/28/1972,
§ 16]
No mobile home, whether installed on a single lot or in a mobile
home park, shall be removed from Wesleyville Borough without first
obtaining a permit from Wesleyville Borough Tax Collector, as required
by Act No. 54, 1969,[1] of the Pennsylvania General Assembly. Such permit shall
be issued upon payment of a fee and taxes assessed against the home
and unpaid at time the permit is requested.
[1]
Editor's Note: See 53 Pa.C.S.A. § 8801 et seq.
[Ord. No. 359, 3/28/1972;
§ 17; as amended by Ord. No. 12-13-1989, 12/13/1989]
1.
Notice of Violation. Whenever the Borough Council determines that
there are reasonable grounds to believe that there has been a violation
of any provision of this Part, or of any regulations adopted pursuant
thereto, such authority shall give notice of such alleged violation
to the person to whom the permit or certificate was issued, as hereinafter
provided. Such notice shall be in writing; include a statement of
the reasons for its issuance; allow a reasonable time for the performance
of any act it requires; be served upon the owner or his agent as the
case may require; provided, however, that such notice or order shall
be deemed to have been properly served upon such owner or agent when
a copy thereof has been served with such notice by any other method
authorized or required by the laws of this state; and contain an outline
of remedial action which, if taken, will effect compliance with the
provisions of this Part, or any part thereof, and with the regulations
adopted pursuant thereto.
2.
Hearing and Review. Any person affected by any notice which has been
issued in connection with the enforcement of any provision of this
Part, or of any regulation adopted pursuant thereto, may request and
shall be granted a hearing and review on the matter before the Borough
Council, provided that such person shall file in the office of the
Borough Council a written petition requesting such hearing and review
and setting forth a brief statement of the grounds therefor within
10 days after the notice was served. The filing of the request for
a hearing and review shall operate as a stay of the notice and the
suspension. Upon receipt of such petition, the Borough Council shall
set a time and place for such hearing and review and shall give the
petitioner written notice thereof. At such hearing and review, the
petitioner shall be given an opportunity to be heard and to show why
such notice should be modified or withdrawn. The hearing and review
shall be commenced not later than 10 days after the day on which the
petition was filed, provided that, upon application of the petitioner,
the Borough Council may postpone the date of the hearing and review
for a reasonable time beyond such ten-day period when, in its judgment,
the petitioner has submitted good and sufficient reasons for such
postponement.
3.
Findings and Order. After such hearing and review, the Borough Council shall make findings as to compliance with the provisions of this chapter and regulations issued thereunder and shall issue an order, in writing, sustaining, modifying or withdrawing the notice which shall be served as provided in § 14-117, Subsection 1. Upon failure to comply with any order sustaining or modifying a notice, the license of the mobile home park affected by the order shall be revoked.
4.
Record; Appeal. The proceedings at such a hearing and review, including
the findings and decision of the authority, and together with a copy
of every notice and order related thereto, shall be entered as a matter
of public record in the office of the Borough Secretary, but the transcript
of the proceedings need not be transcribed unless judicial review
of the decision is sought as provided by this section. Any person
aggrieved by the decision may seek relief therefrom in any court of
competent jurisdiction, as provided by the laws of this commonwealth.
[Ord. No. 359, 3/28/1972,
§ 18; as amended by Ord. No. 12-13-1989, 12/13/1989]
1.
Violations. Any person who shall violate or fail to comply with any
provision of this Part shall, severally for each and every such violation
or noncompliance, be guilty of a summary offense, punishable by a
fine of not less than $25 or more than $1,000, and costs, or, in default
of payment thereof, shall be subject to imprisonment for a term not
to exceed 30 days. The imposition of a penalty for any violation or
noncompliance shall not excuse the violation or noncompliance or permit
it to continue. Each day that the violation or noncompliance exists
shall constitute a separate offense.
[Ord. No. 10112006, 10/11/2006]
2.
Revocation or Suspension of Permit. Upon repeated violations by the
same permittee, his right to the issuance of a permit or to continued
operation under a permit may be suspended for a fixed term or permanently
revoked after notice and hearing subject to the right of appeal to
the Erie County Common Pleas Court in accordance with the Borough
Code.[1]
[1]
Editor's Note: See 8 Pa.C.S.A. § 101 et seq.
[Ord. No. 359, 3/28/1972;
as amended by Ord. No. 5/28/2003C]
The inspection fee for outgoing mobile homes shall be $25, and
$35 for incoming mobile homes. Thereafter, at its regular June meeting,
Wesleyville Borough Council shall adopt, by resolution, a comprehensive
fee schedule establishing the amount of each fee to be effective from
January 1 through December 31 of the following year. A written summary
of the comprehensive fee schedule shall be available to the general
public at the Borough's office, located at 3421 Buffalo Road,
Wesleyville, PA 16510.
