HomeMy WebLinkAboutOrdinance 1509 ORDINANCE NO .
AN ORDINANCE DEFINING AND REGULATING MOBILE HOME PARKS; ESTAB
LISHING MINIMUM STANDARDS GOVERNING THE CONSTRUCTION AND - MAIN-
TENANCE OF MOBILE HOME PARKS; ESTABLISHING MINIMUM STANDARDS
GOVERNING THE PROVIDED UTILITIES AND FACILITIES, AND OTHER PHYS-
ICAL THINGS AND CONDITIONS TO MAKE MOBILE HOME PARKS SAFE . SANI-
TARY , AND FIT FOR HUMAN HABITATION; FIXING THE RESPONSIBILITIES
AND DUTIES OF OWNERS AND OPERATORS OF MOBILE HOME PARKS; AUTH-
ORIZING INSPECTION OF MOBILE HOME PARKS; AND FIXING PENALTIES FOR
VIOLATIONS , AS AMENDED,
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTE'- .
VILLE , ARKANSAS:
SECTION .1 . DEFINITIONS .
For the purposes of this Ordinance , the following words and phrases shall
have the meaning ascribed to them in this Section:
Enforcement Officer means the Chief Building Inspector of the City of
Fayetteville , Arkansas .
Health Officer means the legally designated health authority of the City of
Fayetteville or his authorized representative .
Building Permit means a written permit issued by the enforcement officer
permitting construction, erection , alteration, remodeling or repair of a mobile
home park.
Operator ' s Permit means a written permit issued by the enforcement officer
permitting the mobile home park to operate under this ordinance and regulations
promulgated thereunder .
Housing Board means the Housing Board established by Ordinance 1436 (Secs .
12- 1 , et sec , Fayetteville Code of Ordinances ) of the City of Fayetteville , Arkansas .
Mobile Home Park means any plot of ground of at least one acre in size upon
which two or more mobile homes , occupied for dwelling or sleeping purposes ,
are located.
City PlanniM Commission means that commission created for the City of
Fayetteville by the provisions of Ordinance No . 956 , as amended (Secs . 2- 81 ,
et s�eq , Fayetteville Code of Ordinances ) .
MICP
DATIOLMm 1978
DATE O DO
REED
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Mobile Home means a vehicular portable structure , built on a. chassis and
designed to be used without a permanent foundation as a dwelling or for sleep - .
ing purposes .
Dependent Mobile Home means a mobile home which does not have a
flush toilet and a bath or shower .
Independent Mobile Home means a mobile home which has a flush toilet
and a bath or shower .
Mobile Home Space 'means a plot of ground within a mobile home park ,
designated for the accommodation of one mobile home.
Person means any individual , firm , partners '.:dp , corporation, company,
or association .
Service Building means a building housing toilet and bathing facilities for
men and women with laundry facilities and such other facilities as may be
required by this Ordinance .
SECTION 2 . PERMITS .
2 . 1 It shall be unlawful for any person to operate any mobile home park
within the limits of Fayetteville , Arkansas , unless he holds a valid operator ' s
permit issued by the enforcement officer in the name of such person for the
specific mobile home park. All applications for permits shall be made to the
enforcement officer , who shall .issue a permit , to be valid for one year , then
renewable annually , upon compliance by the applicant with provisions of this
Ordinance and of any regulations adopted pursuant thereto , and, of any other
applicable legal requirements . No permit shall be transferable . Every person
holding such a permit shall give notice in writing to the enforcement officer within
twenty - four hours after having sold, transferred, given away , or otherwise dis -
posed of such operator' s right to the control of the mobile home park for which
such permit was issued, and any such permit shall then and there expire and
immediately be null and void . Such notice shall include the name and address
of the person succeeding to the control of such mobile home park . No successor.
to the right to operate said mobile home park may commence operations until
he has been issued a valid permit as herein required.
2 . 2
( a) Applications for operator ' s permits shall be in writing ,
signed by the applicant , and accompanied by an affidavit of the
applicant as to the truth of the statements and facts set forth in
the application and shall contain the following :
( 1 ) The name and address of the applicant .
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( 2 ) The interest of the applicant in and the
location of the mobile home park .
( b) Applications for building permits for mobile home parks shall
be in writing , signed by the applicant , and accompanied by an affidavit
of the applicant as to the truth of the statements and facts set forth in
the application, and shall contain the following :
( 1 ) A complete plan of the mobile home park , containing
the legal description, showing compliance with all applicable
provisions of this Ordinance and regulations promulgated
thereunder .
( 2 ) Such further information as may be requested by
the enforcement officer to enable him to determine that the
proposed mobile home park will comply with legal requirements .
( 3) No changes or additions may be made in the plat plan or
construction of a mobile home park except upon a new application
which shall be subject to the same terms and conditions of the
original application .
(c ) Applications for renewals of operator ' s permits shall be made
in writing by the holder of the permit and shall contain the following:
( 1 ) Any change in the information submitted since the time the
original permit was issued or the latest renewal granted.
( 2) Such other information as the enforcement officer
may require .
( d) No mobile home park may be operated within the City Limits
of Fayetteville , Arkansas , unless an operator ' s permit shall be
issued and in effect at all times during said operation . Building permits
shall be required as provided under the Building Code .
2 . 3 Any person whose application for a permit under this Ordinance has
been denied may request and shall be granted a hearing on the matter before the
Housing Board under the procedure provided by Section 4 of this Ordinance .
2 . 4 A complete plan, for the purpose of obtaining a building and construc -
tion permit to be issued by the enforcement officer shall show:
(a) The area and dimensions of the tract of land .
(b) The number , location, and size of all mobile home spaces ,
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( c ) The location and width of roadways and walkways .
(d) The location of service buildings and any other proposed
structures .
( e ) The location of water and sewer lines . Written approval ,
signed by the superintendent of the Fayetteville Water and
Sewer Department , shall be required for all proposed water
and sewer main extensions .
(f) Plans and specifications of all buildings and other improve -
ments constructed or to be constructed within the mobile home
park pursuant to such application .
Prior to issuance of a building permit, the complete plan shall first be approved
by the Planning Commission .
2 . 5 Whenever , upon inspection of any mobile home park, the enforcement
officer finds that conditions or practices exist which are in violation of any
provision of this Ordinance , or of any regulations adopted pursuant thereto ,
the enforcement officer shall give notice in writing in accordance with Section
4 . 1 to the person to whom the applicable permit or permits were issued . Said
notice shall state that unless such conditions or practices are corrected within
a reasonable period of time specified in the notice by the enforcement officer ,
the permit will be suspended . At the end of the specified period, the enforce -
ment officer shall reinspect such mobile home park , and if such conditions or
practices have not been corrected, he shall suspend the applicable permit or
permits and give notice in writing of such suspension to the person to whom the
permit is issued . Upon receipt of notice of suspension , regardless of whether
a building permit or an operator ' s permit may be involved, the operator of such
mobile home park shall cease operation of such park except as provided in
Section 4 . 2 .
. 2 . 6 Any person whose permit has been suspended, or who has received notice
from the enforcement officer that his permit will be suspended unless certain
conditions or practices at the mobile home park are corrected , may request and
shall be granted a hearing on the matter before the Housing Board under the pro-
cedure provided by Section 4 of this Ordinance ; PROVIDED , that when no petition
for such hearing shall have been filed within ten days following the day on which
notice of suspension was served, such permit shall be deemed to have been auto-
matically revoked at the expiration of such ten- day period.
SECTION 3 . INSPECTION OF MOBILE HOME PARKS
3 . 1 The health -officer is hereby authorized and directed to determine the
condition of mobile home parks located within the City of Fayetteville , in order
that he may perform his duty of safeguarding the health and safety of occupants
of mobile home parks and of the general public .
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3 . 2 The health officer shall have the power to enter at reasonable times
upon any mobile home park for the purpose of inspecting and investigating
conditions relating to the enforcement of this Ordinance or of regulations
promulgated thereunder .
3 . 3 The health officer and/ or enforcement officer shall have the power to
inspect the register containing a record of all mobile homes and occupants
using the mobile home park .
3 . 4 It shall be the duty of the owners or occupants of mobile home parks ,
and mobile homes contained therein , or of the person in charge thereof , to
give the health officer and/ or enforcement officer free access to such premises
at reasonable times for the purpose of inspection .
3 . 5 It shall be the duty of every occupant of a mobile home park to give
the owner thereof or his agent or employee access rights to any part of such
mobile home park or its premises at reasonable times for the purpose of making
such repairs or alterations as are necessary to effect compliance with this
Ordinance , or with any lawful regulations adopted thereunder , or with any law-
ful order issued pursuant to the provisions of this Ordinance .
3 . 6 The health officer shall report any violations of this Ordinance to the
enforcement officer , who shall immediately take or institute appropriate action
to correct said violation and enforce the provisions hereof.
SECTION 4 . NOTICES , HEARINGS , AND ORDERS ,
4 . 1 Whenever the enforcement officer determines that there are reasonable
grounds to believe that there has been a violation of any provision of this Ordin-
ance , or of any regulation adopted pursuant thereto , he shall give notice of such
alleged violation to the owner of the park and to the person to whom the operator ' s
permit was issued, as hereinafter provided:
Such Notice shall:
( a) Be in writing .
( b) Include a statement of the reasons for its issuance .
(c ) Allow a reasonable time for the performance of any
act it requires .
(d) Be served upon the owner and the operator .
PROVIDED: That such notice or order shall be deemed to have been
properly served upon such owner or operator when a copy thereof has been
sent by certified mail to their last known addresses , or when they have been
served with such notice by any other method authorized or required by the
laws of the State of Arkansas .
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( e ) Contain an outline of remedial action , which , if taken, will effect
compliance with the provisions of this Ordinance and with regulations
adopted pursuant thereto .
4. 2 Any person affected by any notice which has been issued in connection
with the enforcement of any provision of this Ordinance , or of any regulation
adopted pursuant thereto , may request and shall be granted a hearing on the
matter before the Housing Board. Provided , that such person shall file in the
office of the secretary of the Housing Board a written petition requesting such
hearing and setting forth a brief statement of the grounds therefor within ten
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 Section 4 . 5 . Upon receipt of such petition , the Chairman
of the Housing Board shall set a time and place for such hearing , and shall
give the petitioner written notice thereof. At such hearing , the petitioner shall
be given an opportunity to be heard, and to shoe why such notice should be
modified or withdrawn . The hearing shall be commenced not later than ten days
after the day on which the petition was filed . PROVIDED , that upon application
of the petitioner , the Chairman cl the Housing Board may postpone the date of
the hearing for a reasonable time beyond such ten- day period when in his judg -
ment the petitioner has submitted good and sufficient reasons for the postponement .
4 . 3 After such hearing , the Housing Board shall make findings as to com -
pliance with the provisions of this Ordinance and regulations issued thereunder
and shall issue an order in writing sustaining , modifying or withdrawing the
notice which shall be served as provided in Section 4 . 1 ( d) . Upon a failure to
comply with any order sustaining or modifying a notice , the applicable permit
pertaining to the mobile home park affected by the order shall be revoked by
order of the Housing Board .
4 . 4 The proceedings at such a hearing , including the findings and decision
of the Housing Board 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 City
Clerk . Any person aggrieved by the decision of the Housing Board may seek
relief therefrom before the Board of Appeal, existing under the Building Code ,
and thereafter in any court of competent jurisdiction, as provided by the laws
of this state . As in the case of the Housing Board , the proceedings before the
Board of Appeals shall be entered as a matter of public record in the office of
the City Clerk . A transcript of these proceedings need not be prepared unless
jurisdictional review of the decision is sought as provided by this Section .
4 . 5 Whenever the health officer finds that an emergency exists which requires
immediate action to protect the public health , he may , without notice or hearing ,
request the enforcement officer to issue an order reciting the existence of such
an emergency and requiring that such action be taken as he may deem necessary
to meet the emergency including the suspension of the permit . Notwithstanding
any other provisions of this Ordinance , such order shall be effective immediately .
Any person to whom such an order is directed shall comply therewith immediately ,
but upon petition to the Housing Board shall be afforded a hearing as soon as
possible . ' The provisions of Sections 4. 3 and 4. 4 shall be applicable to such
hearing and the order issued thereafter .
SECTION 5 . ADOPTION OF REGULATIONS BY THE ENFORCEMENT OFFICER..
5 . 1 The enforcement officer is hereby authorized to promulgate written
regulations as may be necessary for the proper enforcement of the provisions
of this ordinance . Such regulations shall be submitted to the City Board of Dir -
ectors for approval and shall have the same force and effect as the provisions
of this ordinance .
SECTION 6 , LOCATION, SPACE , AND GENERAL LAYOUT ,
6 . 1 The mobile home park shall be located on a well- drained site , and shall
be so located that its drainage will not endanger any water supply . All such
mobile home parks shall be in areas free from marshes , swamps , or other
potential breeding places for insects or rodents .
6 . 2 The area of the mobile home park shall be at least one ( 1 ) acre in size
and shall be large enough to accommodate:
(a) The designated number of mobile home spaces .
( b) Necessary streets and roadways .
( c) Parking areas for motor vehicles .
6 . 3 Each independent mobile home space shall contain a minimum of
3 , 000 square feet , and shall be at least 40 feet wide . Each dependent mobile
home space shall contain not less than 1 , 000 square feet and shall be at least
25 feet wide . Width of spaces shill be measured perpendicular to the center
line of the mobile home space at the center point of said .center line .
Every mobile home space shall abut on a driveway or other clear area with
unobstructed access to a public street . Such spaces shall be defined. Mobile
homes shall be parked in such spaces so that there will be a minimum of 20 feet
between independent mobile homes and 15 feet between dependent mobile homes ,
and so that no mobile home will be less than 10 feet from the exterior boundary
of the mobile home park .
6 . 4 Mobile home spaces in mobile home parks in existence on the effective
date of this ordinance , which have a width or area less than the minimum pres -
cribed above , may continue in operation , but the mobile home park in which
such spaces are located may not expand operations unless the expanded portion
of the mobile home park is done in compliance with the provisions of this ordinance .
6 . 5 Mobile home parks in existence on the effective date of this ordinance
and operating in compliance with the provisions of Ordinance No . 1115 of September
241 1956 , but not otherwise in conformity with the provisions of this ordinance ,
may continue to so operate , subject however to the requirements of this ordinance
as contained in Sections 2 . 1 , 2 . 2 ( a) , ( c ) and ( d) , 2 . 3 , 2 . 5 , 2 . 6 , 3 . 1 - 3 . 6 , 4. 1 -
4 . 5 , 5 , 12 6 . 4, 6 . 5 , 6 . 10 , 10 . 1 - 10 . 4 , 11 . 1 - 11 . 5 , 12 . 21 14 . 1 - 14 . 3 , 15 . 1 -
15 . 4 , 16 . 1 , 16 . 2 , 17 . 11 18 . 12 19 . 1 - 19 . 3 , and further subject to the zoning ,
health , safety , plumbing , electrical and fire prevention laws , ordinances and
regulations of the City of Fayetteville and State of Arkansas .
6 . 6 It shall be unlawful to locate a mobile home within a mobile home park
less than 25 feet from any public street or highway , or so that any part of such
mobile home will obstruct any roadway or walkway in a mobile home park .
6 . 7 It shall be unlawful to allow:
• ( a ) Any mobile home to be occupied in a mobile home park
unless the mobile home is situated on a mobile home space , or
( b ) An independent mobile home to be located on a dependent
mobile home space .
6 . 8 Access roads shall be provided to each mobile home space . Each access
road shall provide for continuous forward movement , including the use of cul - de -
sacs ( turn arounds ) , shall connect with a street or highway, shall be hard sur -
faced with at least a double seal coat and shall have a minimum width of 25 feet
for two-way and 15 feet for one -way travel .
6 . 9 Off street parking areas shall be provided for the parking of motor veh -
icls . Such areas shall accommodate at least a number of vehicles equal to the
number of mobile home spaces provided.
6 . 10 In dependent mobile home parks or parks used primarily by transient
mobile homes , a clearly lighted , adequately advertised public telephone shall
be installed and constantly maintained in each mobile home park at a point as
near the center of said park as practicable . Such telephone may require the use
of a coin , on the same basis as other public telephones , in order to operate same ;
however , the telephone must be so situated that it will be immediately available
to any occupant of the mobile home park at any hour of the night or day and under
any weather conditions . The telephone number of the Police and Fire Departments
of the City of Fayetteville must be printed clearly and in legible letters in such a
position as to make them instantly and conveniently visible to any person operating
said telephone .
SECTION 7 , SERVICE BUILDINGS .
7 . 1
( a) Every mobile home park serving dependent mobile homes shall be
provided with at least one service building adequately equipped with flush -type
toilet fixtures of a type approved by the Arkansas State Board of Health , and other
sanitary facilities as required in this ordinance . No service building shall contain
less than one toilet for females , one toilet for males , one lavatory and shower .
( b) All sanitary facilities required to be provided by Section 7 . 1 to
7 . 4 inclusive shall be located in a service building .
7 , 2
( a) Every mobile home park that accommodates dependent mobile homes
shall provide not less than the following facilities :
( 1 ) For not more than 10 dependent mobile homes :
Two water closets , one lavatory and one shower
for females ; one water closet , one urinal , one lavatory
and one shower for males .
( 2 ) For more than 10 dependent mobile homes , the
following additional fixtures shall be provided:
One lavatory and one shower for each sex for
every additional 10 dependent mobile homes or
fraction thereof; one water closet for females
for every additional 10 dependent mobile homes
or fraction thereof; one water closet for males for
every additional 15 dependent mobile homes or
fraction thereof; provided that urimals may be
substituted for not more than one - third of the
additional water closets required under this
paragraph .
( b) Dependent mobile home spaces shall be not more than 200
feet from a service building .
( c ) Toilet and bathing facilities for female persons must be in a
separate room from the room housing such facilities for male persons .
7 . 3 Service buildings shall:
(a) Be located 15 feet or more from any mobile home space and where
dependent mobile homes are accommodated not more than 200 feet from a
dependent mobile home space .
( b) Be of permanent construction , and be adequately lighted at all times .
( c ) Be of moisture - resistant material , to permit frequent washing
and cleaning .
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(d) Have adequate heating facilities to maintain a temperature
of 700 F . during cold weather , and to supply adequate hot water during
time of peak loads .
( e ) Have all rooms well ventilated, with all openings effectively
screened.
(f) Provide separate compartments with adequate locking devices
for each shower and water closet and a sound resistant wall to separ -
ate male and female toilet facilities .
7 . 4 If provided, laundry facilities shall be provided in the ratio of one
laundry unit to every 30 mobile home spaces and shall be in a separate sound-
proof room of a service building or in a separate building .
SECTION 8 . WATER SUPPLY .
8 . 1 An accessible , adequate , safe , and potable water supply shall be pro-
vided for each mobile home park , capablo of fv.rniching A miniu,nu. of IrW pallnng
per day to each mobile home space . Where a public supply of water is available ,
connection shall be made thereto and its supply shall be used exclusively .
8 . 2 The water system of the mobile home park shall be connected by pipes
to all buildings and all mobile home spaces .
8 . 3 All water piping shall be constructed and maintained in accordance with
State and local law; the water piping system shall not be connected with non-
potable or questionable water supplies and shall be protected against the hazards
of backflow or back- siphonage .
8 . 4 Where drinking fountains are provided for public use , they shall be of
a type approved by the State Board of Health and in locations approved by the
enforcement officer .
8 . 5 Individual water - service connections which are provided for direct
use by mobile homes shall be so constructed that they will not be damaged by
the parking of such mobile homes .
SECTION 9 . SEWAGE DISPOSAL .
9 , 1 All plumbing in the mobile home park shall comply with state and local
plumbing laws and regulations .
9 . 2 Each independent mobile home space shall be provided with at least a
4 - inch sewer connection . The sewer connection shall be provided with suitable
fittings , so that a watertight connection can be made between the mobile home drain
and the sewer connection . Such individual mobile home connections shall be so
constructed that they can be closed when not linked to a mobile home and shall be
capped so as to prevent any escape of odors .
9 . 3 Sewer lines shall be constructed in accordance with plans approved in
writing by the Superintendent of the Fayetteville Water and Sewer Department or
his authorized agent . All sewer lines shall be adequately vented , and shall be
laid with sufficient earth cover to prevent breakage from traffic .
SECTION 10 . REFUSE DISPOSAL .
10 . 1 The storage , collection, and disposal of refuse in the mobile home
park shall be so managed as to create no health hazards , rodent harborage ,
insect- breeding areas , accident or fire hazards or air pollution .
10 . 2 All refuse shall be stored in flytight , watertight , rodent - proof con-
tainers , which shall be located not more than 150 feet from any mobile home
space . Containers shall be provided in sufficient number and capacity to prop -
erly store all refuse .
10 . 3 Racks or holders shall be provided for all refuse containers . Such
container racks or holders shall be so designed as to prevent containers from
being tipped, to minimize spillage and container deterioration, and to facilitate
cleaning around them .
10 . 4 All refuse shall be collected at least twice weekly . Where suitable
collection service is not available from municipal or private agencies , the
mobile home park operator shall provide this service . All refuse shall be
collected and transported in covered vehicles or covered containers .
SECTION 11 . INSECT AND RODENT CONTROL ,
11 . 1 Insect and rodent control measures to safeguard public health as
required by the health officer shall be applied in the mobile home park.
11 . 2 Effective larvicidal solutions may be required by the health officer for
fly or mosquito breeding areas which cannot be controlled by other , more
permanent measures .
11 . 3 The health officer may require the mobile home park operator to take
suitable measures to control other insects and obnoxious weeds .
11 . 4 Accumulations of debris which may provide harborage for rodents shall
not be permitted in the mobile home park .
11 . 5 When rats or other objectionable rodents are known to be ina mobile home
park, the operator of such park shall take definite action , as directed by- the
health officer , to exterminate them .
SECTION 12 . ELECTRICITY : EXTERIOR LIGHTING .
12 . 1 An electrical outlet supplying at least 115 volts shall be provided for
each mobile home space . The installation shall comply with all applicable State
and local electrical codes and ordinances . Such electrical outlets shall be
grounded and weatherproof. No power supply line to the mobile home space shall
be permitted to lie on the ground or be suspended less than ten (10 ) feet above the
ground . No power supply line in a mobile home park shall be suspended less than
fifteen ( 15 ) feet over any driveway .
12 . 2 Public streets , driveways , and walkways shall be lighted at night with
a minimum illumination of at least 0 . 6 foot candles .
SECTION 13 . FUEL .
13 . 1 All piping from outside fuel storage tanks or cylinders to mobile homes
shall be rigid iron pipe or AGA or UL labeled flexible tubing, permanently installed,
and securely fastened in place , in such a manner as to exclude it from the possib -
ility of damage by physical contact . All fuel storage tanks or cylinders shall be
securely fastened in place and shall not be located inside or beneath the mobile
home or less than 5 feet from any mobile home exit , and shall be located and
secured in such a manner as to not be susceptible to damage by physical contact .
SECTION 14 . FIRE PROTECTION .
14. 1 The mobile home park area shall be subject to the rules and regulations
of the fire prevention authority of the City of Fayetteville , Arkansas .
14 . 2 Mobile home park areas shall be kept free of litter , rubbish and other
flammable materials .
14 . 3 Portable fire extinguishers of a type approved by the fire prevention
authority shall be kept in service buildings and shall be maintained in good opera-
ting condition .
SECTION 15 , ALTERATIONS AND ADDITIONS : RESTRICTIONS OF
ANIMALS AND PETS ,
15 . 1 All plumbing and electrical alterations or repairs in the mobile home
park shall be made in accordance with applicable local regulations .
15 . 2 Skirting of mobile homes is permissible , but areas enclosed by such
skirting shall be maintained so as not to provide a harborage for rodents , or
create a fire hazard .
15 . 3 No permanent additions shall be built onto or become a part of any
mobile home unless they are in accordance with building permits issued by the
enforcement officer and meet all set back requirements .