[HISTORY: Adopted by the Board of Supervisors of the Township of Brecknock at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Brecknock Township Mobile Home Park Ordinance."
In this chapter, use of the singular shall include the plural, and use of the plural shall include the singular. The masculine gender shall include the feminine and neuter genders.
As used in this chapter, the following terms shall have the meanings indicated:
- MOBILE HOME
- A transportable, single-family dwelling intended for permanent occupancy, contained in one (1) unit or in two (2) units designed to be joined into one (1) integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking, such as assembly operations, and constructed so that it may be used without a permanent foundation.
- MOBILE HOME LOT
- A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home, which is leased by the park owner for the placement of mobile homes for use of the occupants of the mobile home erected on the lot.
- MOBILE HOME PARK
- A parcel of land under single ownership which has been planned and improved for the placement of mobile homes for nontransient use and consisting of two (2) or more mobile home lots.
- MOBILE HOME PARK OPERATOR
- The person responsible for the operation of a mobile home park.
- Any natural person, association, partnership, firm, corporation or other legally recognized entity.
- RECREATIONAL AREA
- A specific area or areas designated and usable for play and recreational purposes by the residents of the mobile home park. The designated "recreational area" shall not include mobile home lots, streets, parking areas or accessory buildings.
On or after the effective date of this chapter, no person shall operate a mobile home park or establish a mobile home park in the township, except as authorized by this chapter and only after having obtained a license for the operation of mobile home park in accordance with this chapter and obtaining all other approvals required by applicable ordinances, including but not limited to zoning and subdivision and/or land development approval.
Application for a license to operate a mobile home park shall be made in writing by any mobile home park operator under oath and in the form prescribed by the Board of Supervisors of the township and shall contain the name and address of the applicant. The application shall also contain the address and description of the premises upon which the mobile home park is to be operated; the names and addresses of any owner or owners of said property, if other than the applicant; any structures erected on the premises; and a description of the operation plan for said mobile home park. If the applicant is a partnership or association, the application shall furnish the names and addresses of all partners. If the applicant is a corporation, the application shall furnish the names and addresses of each officer and director thereof. The application shall be signed by the applicant, if the applicant is an individual; by all members of the association or partnership, if the applicant is an association or partnership; or by the president and attested by the secretary, if the applicant is a corporation.
No license issued under this chapter shall be transferred or assigned or used by any person other than the one to whom it was issued, and no mobile home park operator's license shall be issued at any location other than the one prescribed in the application upon which it is issued.
Any mobile home park operator shall pay an annual license fee as established by the then-current fee schedule established by resolution of the Board of Supervisors. All licenses shall be valid for a term of one (1) year from the date of issuance.
Upon receipt of an application, the Board of Supervisors shall review the license application and operational plans continued therein to determine if the requirements of § 70-10 herein are met. The Board shall determine additionally whether any outstanding notices of violation of township ordinances exist. No license shall be granted or renewed unless:
The application and operational plans are in compliance with this chapter.
The applicant has received all required zoning and subdivision and/or land development approvals.
The applicant has received all approvals required from the Department of Environmental Resources.
The applicant does not have outstanding violations of other township ordinances.
Any person who has been denied a license or whose license has been suspended or revoked may appeal the denial, suspension or revocation to the Board of Supervisors. Such appeal shall be made in writing within ten (10) days after such decision has been made. The appeal shall be verified by an affidavit and shall be filed with the Township Manager. The appellant or his representative shall have the right to appear and be heard, if such right is requested in the written appeal. The appeal shall be accompanied by the appeal fee established by resolution of the Board of Supervisors, and no appeal shall be considered complete without payment of the appeal fee. A prompt decision on such appeal shall be made by the Board of Supervisors.
If the application for a license to operate a mobile home park is granted, the Township Manager shall issue a license to the applicant designating the name of the mobile home park operator, the address of the mobile home park and the applicable dates of the license.
All mobile home park licenses shall be conspicuously posted upon the premises operated as a mobile home park.
All mobile homes shall have a minimum of five hundred (500) square feet of floor space.
The owner and/or operator of a mobile home park shall be responsible for the maintenance of such mobile home park. Such maintenance shall include but not be limited to:
Maintaining at all times a register of all occupants, which shall be open to inspection by the officers or agents of the township, which shall contain:
Maintaining the mobile home park in a clean, orderly and sanitary condition at all times.
Ensuring compliance with all provisions of this chapter and reporting to the township any violations of this chapter.
Requiring residents of the mobile home park to prevent the running at large of dogs, cats or other animals.
Requiring the installation of smoke detectors in all mobile homes within the mobile home park and taking all steps necessary to ensure compliance with this provision.
Prohibiting the burning of trash or rubbish within the mobile home park.
Prohibiting the use of any mobile home by a greater number of occupants than that which it is designed to accommodate.
Prohibiting the parking of any mobile home for use as living quarters if said mobile home does not contain a minimum of five hundred (500) square feet of floor space.
Maintaining control of rodents, vermin, insects and other pests in all common areas and requiring all mobile home park residents to maintain their mobile homes and mobile home lots in a manner that will control rodents, vermin, insects and other pests.
Preventing disorderly conduct or the violation of laws or ordinances within the mobile home park and immediately reporting to the township any violation of laws or ordinances.
Ensuring that all ground surfaces are paved, covered with solid material or protected with vegetative growth that is capable of preventing soil erosion and the emanation of dust during dry weather.
Maintaining the grounds of the mobile home park free of vegetative growth which is poisonous or which may harbor rodents, insects harmful to humans or other pests harmful to humans.
The water supply for the park shall be a proper distance from any source of contamination, must be of adequate capacity to supply mobile home park and must be approved by the Pennsylvania Department of Environmental Resources.
The owner and/or operator of the mobile home park shall be responsible for the maintenance of the recreational area. Failure to properly maintain the recreational area shall constitute a nuisance. In the event that the recreational area is not maintained, the township may proceed to remedy such deficiency by enforcement of any applicable township ordinance, by injunctive relief or by performing the necessary maintenance and assessing the cost of such maintenance, plus a penalty in the amount of fifteen percent (15%) of the cost of such maintenance, against the owner and/or operator and filing such cost and penalty as a municipal claim against the property. Maintenance of the recreational area by the township shall not relieve the owner and/or operator from prosecution or penalties as provided under this chapter or other applicable ordinances.
All service and accessory buildings, including management offices, storage areas, laundry buildings and indoor recreation areas, shall be adequately constructed, ventilated and maintained so as to prevent decay, corrosion, termites and other destructive elements from causing deterioration.
The mobile home park operator shall either provide within the mobile home park a structure designed for and clearly identified as the office of the mobile home park manager or provide a telephone number which may be used by representatives of the township or residents of the mobile home park to contact the mobile home park operator.
No outdoor storage of any kind shall be permitted within mobile home parks. The mobile home park operator may provide occupants of each mobile home lot with enclosed storage space, or the mobile home park operator shall inform occupants of the prohibition of outdoor storage and the requirement to obtain a permit from the township if the occupant desires to install a storage building. The type of storage facility shall be approved by the township.
Service and accessory buildings shall be used only by occupants of the mobile home park and their guests.
Every mobile home park shall contain an electrical wiring system consisting of wiring, fixtures, equipment and appurtenances which shall be installed and maintained in accordance with local electrical power company specifications. Each mobile home connection to this electrical distribution system shall be inspected by an approved underwriters' electrical inspection agency and shall be grounded in accordance with the electrical power company specifications and the National Electric Code prior to the electric power being energized.
Any mobile home park operation license shall be subject to revocation by the township for the violation of this chapter or other applicable ordinances or of any applicable laws of the Commonwealth of Pennsylvania or any rules and regulations promulgated by any agency of the commonwealth. Any revocation of the license shall be made by written notice to the mobile home park operator setting forth the grounds for such revocation, and appeals from the revocation of a mobile home park license shall be made as provided in § 70-7B of this chapter. Upon revocation of a license, the mobile home park shall be permitted to continue operation in order that the occupants of the mobile home park will not be subject to hardship, but no new mobile homes may be installed within the mobile home park until a new application shall be made and granted. Such application shall contain reasonable assurances to prevent further violations of the ordinances or laws or regulations which were violated. The revoked license may be reissued for the remainder of the period for which it was issued upon compliance of the license holder with all conditions for the reissuance. No person shall expand or install mobile homes within a mobile home park during the time period when a license shall have been revoked.
Method of serving notice. Prior to the issuance of a citation for a violation of this chapter, the township shall serve written notice upon the mobile home park operator in one (1) of the following ways:
By mailing a copy of the notice to the mobile home park operator by any form of mil requiring a receipt signed by the mobile home park operator or his agent.
By personal delivery of the notice to the mobile home park operator.
By handing a copy of the notice at the residence or office of the mobile home park operator or to an adult person in charge of such residence.
By fixing a copy of the notice to the door at the entrance of the residence or office of the mobile home park operator.
Contents of notice. The notice shall set forth:
The nature and extent of the violation or offense.
The period or periods of time over which the violation has occurred.
The identity of the person giving notice.
The date and time of the sending or posting of the notice.
A time period within which the violation must be removed.
A statement to the effect that the township may take steps to enforce this chapter if the violation is not removed within the time set forth in the notice.
Any person operating a mobile home park without obtaining a license as provided for by this chapter or for violation of any of the requirements of this chapter shall, upon conviction, be subject to a fine not exceeding six hundred dollars ($600.), plus costs of prosecution, or, in default of payment thereof, to a term of imprisonment of not more than thirty (30) days. Each day's violation shall be considered a separate offense.
The Board of Supervisors is hereby empowered to take any action at law or equity to enforce the provisions of this chapter, and this chapter shall in no way impair or restrict remedies otherwise provided by any other law or ordinance.
The Board of Supervisors of the township or the duly authorized agent thereof may at any time enter upon and inspect the licensed premises for which an application under this chapter is pending.
Nothing in this chapter shall be construed to affect any suit or proceeding pending in any court or any rights acquired or liability incurred or any permit issued or approval granted or any cause or causes of action arising prior to the enactment of this chapter.