A. 
Whenever the Director of Planning and Development or designee determines that there are reasonable grounds to believe that there has been a violation of any provision of this Part 2, the Director of Planning and Development or his/her designee shall give notice of such alleged violation to the person to whom the permit was issued, as herein provided.
[Amended 6-5-2013 by Ord. No. 2013-15[1]]
[1]
Editor's Note: This ordinance provided for an effective date of 1-1-2014.
B. 
Such notice shall:
(1) 
Be in writing.
(2) 
Include a statement of the reasons for its issuance.
(3) 
Contain an outline or remedial action which, if taken, will effect compliance with the provisions of this Part 2.
(4) 
Allow a reasonable time for the performance of any act it requires.
(5) 
Be served upon the developer.
C. 
Such notice or order shall be deemed to have been properly served upon such developer when a copy thereof has been sent by registered mail to his/her last known address or when he/she has been served with such notice by any method authorized or required by the laws of this state.
A. 
Petition for hearing; procedure. Any person affected by any notice which has been issued in connection with the enforcement of any provision of this Part 2 may request and shall be granted a hearing on the matter before the Common Council. Such person shall file in the office of the City Clerk a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within 15 days after the notice was served. The filing of the request for a hearing shall operate as a stay of the notice and of the suspension, except in the case of an order issued under § 210-51. Upon receipt of such petition, the Common Council shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing, the petitioner and the Director of Planning and Development or designee shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than 30 days after the day on which the petition was filed. The Common Council may postpone the date of the hearing for a reasonable time beyond such thirty-day period when, in its judgment, good and sufficient reasons exist for such postponement.
[Amended 6-5-2013 by Ord. No. 2013-15[1]]
[1]
Editor's Note: This ordinance provided for an effective date of 1-1-2014.
B. 
Order of the Common Council. After such hearing, the Common Council shall make findings as to compliance with the provisions of this Part 2 and shall issue an order, in writing, sustaining, modifying or withdrawing the notice, which shall be served as provided in § 210-49.
C. 
Revocation of permit for failure to comply. Upon failure to comply with any order sustaining or modifying a notice, the permit of the mobile home park affected by the order shall be revoked.[2]
[2]
Editor's Note: Original § 27.57, Penalty, which immediately followed this section, was deleted 8-5-1992 by L.L. No. 3-1992. See now § 210-86.
[Amended 6-5-2013 by Ord. No. 2013-15[1]]
Whenever the Director of Planning and Development or designee finds that an emergency exists which requires immediate action to protect the public health, safety or welfare, he/she may, without notice or hearing, issue an order reciting the existence of such emergency and requiring that such action be taken as he/she may deem necessary to meet the emergency, including the suspension of the permit. Notwithstanding any other provisions of this Part 2, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately but, upon petition to the Common Council, shall be afforded a hearing as soon as possible. The provisions of § 210-50 shall be applicable to such hearing and the order issued thereafter.
[1]
Editor's Note: This ordinance provided for an effective date of 1-1-2014.
A. 
It shall be unlawful for any person to construct, alter, develop, administer or extend any mobile home park within the City, unless said person holds a valid permit, issued as hereinafter provided, in the name of such person for the specific construction, alteration, development, administration or extension proposed.
B. 
The permit shall be valid from the date of issuance to the next succeeding December 31 and shall not be transferable or assignable.
A. 
A permit fee based upon the following schedule shall be paid to the City of Ithaca together with an application for an original permit or for a renewal permit: The minimum fee shall be $25 or $1 per mobile home lot, up to a maximum fee of $50, whichever is greater.
[Amended 6-5-2013 by Ord. No. 2013-15[1]]
[1]
Editor's Note: This ordinance provided for an effective date of 1-1-2014.
B. 
The permit fee shall help defray the expenses incident to the administration of this Part 2, including publication of legal notices.
[Amended 6-5-2013 by Ord. No. 2013-15[1]]
A. 
Original.
(1) 
Application to Director of Code Enforcement. The application for an original permit, in writing and signed by the developer, shall be made to the Director of Code Enforcement.
(2) 
Contents. The application shall contain the following:
(a) 
The name and address of the developer.
(b) 
The location and a legal description of the area proposed for the mobile home park.
(c) 
A scale map illustrating:
[1] 
The plan of the proposed park, including the number of lots, lot sizes, locations, recreation areas and service buildings.
[2] 
The ownership of abutting properties and the present use of said properties.
[3] 
Existing and proposed access and egress routes, and the location and width of existing and proposed roadways, walkways and right-of-way easements.
[4] 
The present and proposed sewer, water and other utility lines and structures.
[5] 
Any unusual or special land features, such as streams, creeks, areas subject to flooding and areas of steep slopes in excess of 15.
[6] 
A planting plan showing all existing and proposed trees, shrubbery and other plantings, lawn areas and all other information necessary to indicate the extent of landscaping and plantings.
[7] 
The location and details of lighting and electrical systems.
[8] 
Existing and proposed contours of the park area at maximum intervals of five feet.
[9] 
Existing and proposed stormwater drainage systems.
(d) 
Such other and further information as the Director of Planning and Development may determine necessary to ascertain compliance with this Part 2.
B. 
Renewal. The application for renewal of a valid permit, in writing and signed by the developer, shall be made to the Director of Planning and Development or designee before the first day of December. The application shall contain the following:
(1) 
The name and address of the developer.
(2) 
The serial number of the permit requiring renewal.
(3) 
Any change in information submitted since the original permit was issued or the latest renewal granted. If there have been no changes, the application shall so state.
[1]
Editor's Note: This ordinance provided for an effective date of 1-1-2014.
A. 
Transmittal to Planning and Development Board. When the Director of Planning and Development or designee is satisfied that the original or renewal application appears complete and in the required form, he/she shall transmit said application to the City Planning and Development Board for its consideration.
[Amended 6-5-2013 by Ord. No. 2013-15[1]]
[1]
Editor's Note: This ordinance provided for an effective date of 1-1-2014.
B. 
Procedure before Planning and Development Board. The Planning and Development Board may require the developer to submit such other plans and information and any other features deemed reasonably necessary by the Planning and Development Board for the adequate study of the proposed plan and may request the attendance of the developer at its meeting for additional clarification. Within 35 days from its receipt of the application for a permit or from receipt of such additional information as may be required of the developer, whichever is later, the Planning and Development Board shall adopt a resolution recommending approval of the application, approval of the application with stipulated modifications or disapproval of the application. In making its recommendation, the Planning and Development Board shall determine that:
(1) 
There is a need for the proposed construction, alteration, extension, development or administration of the mobile home park in the City and in the particular location proposed.
(2) 
The existing and probable future character of the neighborhood in which the mobile home park, as proposed, will be located will not be adversely affected.
(3) 
The proposed construction, alteration, extension, development or administration of the mobile home park is in accordance with a comprehensive plan for development of the City.
(4) 
There is compliance with the letter and intent of this Part 2.
C. 
A copy of the report of the Planning and Development Board shall be delivered to the Common Council and mailed to the developer.
A. 
Opposition by developer to Planning and Development Board's report. In the event that a developer wishes to oppose the recommendation of the Planning and Development Board, he/she shall submit to the Common Council, within 10 days after receiving the report, a written statement specifying his/her grounds for objection to the same and shall furnish such other information or documentation deemed appropriate.
B. 
Public hearing. The Common Council shall hold a public hearing on the application at a regular or special meeting after notice of the time, place and purpose of the public hearing shall have been published at least 15 days prior to the date of such hearing in the official newspaper of the City. The City Clerk will cause such notice to be published and will further cause the public hearing to be placed on the agenda of the Common Council meeting. At the public hearing, all interested persons, including the developer, the developer's legal counsel and witnesses, shall be given an opportunity to be heard.
C. 
Determination by Common Council. After such hearing, the Common Council, by majority vote, shall make a determination approving, approving with stipulated modifications or disapproving the application. In making this decision, the Common Council shall determine that:
(1) 
The health, safety, comfort, convenience and general welfare of the community will be promoted in harmony with the general purpose of this Part 2.
(2) 
There is compliance with this Part 2, except that, where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this Part 2, the Common Council shall have the power, in passing upon an application, to vary or modify the application of any of the provisions of this Part 2 so that the spirit of this Part 2 will be observed and public health, safety and welfare secured and substantial justice done.
(3) 
The proposed construction, alteration, development or extension of a mobile home park will satisfy a neighborhood or community need.
(4) 
The proposed construction, alteration, development or extension of a mobile home park will enhance the quality of the environment and be in harmony with the neighborhood.
D. 
Furnishing copy to developer. A copy of the Common Council's determination shall be mailed to the developer. The application and supporting documents, together with the Common Council's determination, shall be filed in the Department of Planning, Building and Development.
[Amended 6-5-2013 by Ord. No. 2013-15[1]]
[1]
Editor's Note: This ordinance provided for an effective date of 1-1-2014.
E. 
Procedure upon approval. If the Common Council approves the application or approves the application with modifications which are accepted by the developer, the Director of Planning and Development or designee shall issue the original or renewal permit, as appropriate.
[Amended 6-5-2013 by Ord. No. 2013-15[2]]
[2]
Editor's Note: This ordinance provided for an effective date of 1-1-2014.
A. 
All park developers are required to keep a register of the year, make, serial number and size of mobile homes in their parks. Said register shall be maintained in the office of the park developer, who shall also keep on file the names and addresses of the mobile home owners.
B. 
The person or persons to whom a permit has been issued shall operate the park in compliance with this Part 2 and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in a clean, orderly, sanitary condition.