[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."
A.
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.
B.
MOBILE HOME
MOBILE HOME LOT
MOBILE HOME PARK
MOBILE HOME PARK OPERATOR
PERSON
RECREATIONAL AREA
As used in this chapter, the following terms shall have
the meanings indicated:
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.
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.
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.
The person responsible for the operation of a mobile home park.
Any natural person, association, partnership, firm, corporation or
other legally recognized entity.
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.[1] All licenses shall be valid for a term of one (1) year from the
date of issuance.
[1]
Editor's Note: Current fees are on file and available for inspection
in the office of the Township Manager.
A.
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:
(1)
The application and operational plans are in compliance
with this chapter.
(2)
The applicant has received all required zoning and subdivision
and/or land development approvals.
(3)
The applicant has received all approvals required from
the Department of Environmental Resources.
(4)
The applicant does not have outstanding violations of
other township ordinances.
B.
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.[1] A prompt decision on such appeal shall be made by the Board of
Supervisors.
[1]
Editor's Note: Current fees are on file and available for inspection
in the office of the Township Manager.
C.
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.
A.
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:
(1)
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:
(2)
Maintaining the mobile home park in a clean, orderly
and sanitary condition at all times.
(3)
Ensuring compliance with all provisions of this chapter
and reporting to the township any violations of this chapter.
(4)
Requiring residents of the mobile home park to prevent
the running at large of dogs, cats or other animals.
(5)
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.
(6)
Prohibiting the burning of trash or rubbish within the
mobile home park.
(7)
Prohibiting the use of any mobile home by a greater number
of occupants than that which it is designed to accommodate.
(8)
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.
(9)
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.
(10)
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.
(11)
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.
(12)
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.
B.
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.
A.
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.
B.
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.
C.
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.
D.
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.
A.
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:
(1)
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.
(2)
By personal delivery of the notice to the mobile home
park operator.
(3)
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.
(4)
By fixing a copy of the notice to the door at the entrance
of the residence or office of the mobile home park operator.
B.
Contents of notice. The notice shall set forth:
(1)
The nature and extent of the violation or offense.
(2)
The period or periods of time over which the violation
has occurred.
(3)
The identity of the person giving notice.
(4)
The date and time of the sending or posting of the notice.
(5)
A time period within which the violation must be removed.
(6)
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.
