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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 2 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 . 3 ( 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 , 4 ( 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 . 5 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 . 6 ( 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 . 10 (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 .