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HomeMy WebLinkAboutOrdinance 1859 r FOR RECORD ORDINANCE NO . 072 UIR 27 f,ij 9 : 32 WAS* iN,6-10M COUNTY AN ORDINANCE DEFINING . AND REGULATING MOBILE HOM� , ?ARKS':�?� _ . ESTABLISHING MINIMUM STANDARDS GOVERNING THE CbhfSTRUCTfoN,EYAND I MAINTENANCE OF MOBILE HOME PARKS ; ESTABLISHING Mj�,1IMbML.`STANDARDS �J GOVERNING THE UTILITIES , FACILITIES AND OTHER PHYSICAL THINGS AND CONDITIONS TO MAKE MOBILE HOME PARKS SAFE , SANITARY , AND FIT FOR HUMAN HABITATION ; FIXING THE RESPONSIBILITIES AND DUTIES OF OWNERS AND OPERATORS OF MOBILE HOME PARKS ;. AUTHORIZING INSPECTION OF MOBILE HOME PARKS ; AND FIXING PENALTIES FOR VIOLATION . BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : Sec . 1 . That the Code of Ordinances , City of Fayetteville , Arkansas , is hereby amended by adding a chapter to be numbered 13B , which said chapter reads as follows : " Chapter 13B MOBILE HOMES AND MOBILE HOME PARKS OPENED OR EXPANDED AFTER APRIL 20 , 1972 ARTICLE ---I..-.IN GENERAL Sec . 13B - 1 . Definitions For the purposes of this chapter , the following words and phrases shall have the meaning ascribed to them in this section : Accessory Structures means any structural addition to the mobile home such as awnings , cabanas , carports , florida rooms , porches , patio covers , and similar additions . Accessory Community Structure means a structure of a portion of a structure for commercial use that is located in a mobile home park and which is intended solely for the convenience of the residents or occupants of the mobile home park . Community Storage Structure is a structure located in an mobile home park for the convenience of the residents to provide storage space for often used outdoor equipment , furniture , tools and other items which cannot be conveniently stored in the typical mobile home . Building Permit means a written permit issued by the enforcement officer permitting construction , erection , alteration , remodeling or repairing of a mobile home park . UCP E. CTM1D3 1918 830 PAGE 292 DATES_ DEED REEL \ ' City Planning Commission means that commission created for the City of Fayetteville by sections 2 - 80 through 2 - 84 , Fayetteville Code of Ordinances . Dependent Mobile Home means a mobile home which does not have a flush toilet and a bath or shower . Enforcement Officer means the chief building inspector of the City of Fayetteville , Arkansas or his authorized representative . Health Officer means the County Sanitarian or other legally designated health authority of the City of Fayetteville or his authorized representative . Housing Board means the housing board established by section 12 ( Twelve ) , Fayetteville Code of Ordinances of the City of Fayetteville , Arkansas . Independent Mobile Home means a mobile home which has a flush toilet and a bath or shower . Mobile Home means any house trailer or prefabricated structure intended for or capable of human dwelling or sleeping purposes and designed for being moved or transported . Mobile Home Park means any park , court , site , parcel or tract of land designed , maintained , intended or used for the purpose of supplying a location or accommodations for two ( 2 ) or more mobile homes and shall include all buildings used or intended for use as part of the equipment thereof ; whether or not a charge is made for the use of the court and its facilities . Mobile Home Pad means that part of an individual mobile home lot which has been reserved for the placement of a mobile home . Mobile Home Lot means a plot of ground or a lot in a mobile home park designed for the location for only one mobile home . Mobile Home and Trailer Sales Lot means a lot on which unoccupied trailers are parked for purposes of inspection and sale . Operator ' s Permit means a written permit issued by the enforce- ment officer permitting the mobile home park to operate under this chapter and regulations promulgated thereunder . DEED 836 PACE 293 Person means any individual , firm , partnership , corporation , company or association . Service Building means a building housing toilet and bathing facilities for men and/ or women with laundry facilities and such other facilities as may be required by this chapter . Sec . 13B - 2 . Development Requirements for Mobile Home Park Sec . 13B - 2 . 1 . Official Plat Prior to development of mobile home park ( or extensively remodeling an existing mobile home park ) the developer shall be required to submit to the City Planning Commission for review and approval an official plat of the proposed mobile home park . Said official plat of a mobile home park shall be subject to the provisions of the city subdivision regulations and when approved by the city , shall be recorded by the city clerk in the office of the Circuit Clerk and Ex - officio Recorder Sec . 13B - 2 . 2 . Mobile Home Park Street Design The official plat shall indicate all interior and adjacent exterior streets and said streets shall be subject to the following : ( a ) The location and width of all streets shall be subject to the City Major Street Plan . (b ) All streets shall be curbed , guttered and constructed to meet the City minimum street design standards . Sec . 13B - 3 Minimum Mobile Home Park Design Standards . Sec . 13B - 3 . 1 . Minimum Park Area Requirements ( a ) Mobile Home Park Site The minimum site for a mobile home park development shall be three ( 3 ) acres . Sec . 13B - 3 . 2 . Park Site Location ; Drainage The mobile home park shall be located on a well - drained site , and shall be located so 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 . DEED 830 PACE294 Sec . 13B - 3 . 3 Minimum Mobile Home Lot Requirements in a Park . The minimum mobile home lot shall : ( a ) contain a minimum of 4200 square feet of area ( b ) provide for a hard surfaced off the street parking area for two vehicles . The hard surface shall consist of at least a double asphaltic seal coat . Sec . 13B - 3 . 4 Mobile Home Pad Requirements The mobile home pads in a mobile home park shall be located on the mobile home lot and designed in such a way that : ( a ) Mobile homes , including any attachment thereto , shall be separated from each other at least twenty ( 20 ) feet . ( b ) Mobile homes shall be located at least ten ( 10 ) feet from any exterior boundaries of the mobile home park adjacent to private property . ( c ) Mobile homes shall be located at least twenty - five ( 25 ) feet from any public street . Sec . 13B - 3 . 5 Recreation Area Recreation areas and facilities should be provided to the extent necessary to meet the anticipated needs of the tenants the park is designed to serve . In no event shall less than eight percent ( 8 % ) of the gross park site area be devoted to recreational facilities . Sec . 13B - 3 . 6 Tenant Storage Facilities Tenant storage facilities shall be provided on each mobile home lot , or in compounds located within a reasonable distance , generally not more than 100 feet from each mobile home pad . Storage facilities should be designed in a manner to enhance the appearance of the development and shall be constructed of suitable weather resistant materials appropriate under the use and maintenance contemplated . A minimum of ninety ( 90 ) cubic feet of tenant storage space shall be provided for each mobile home pad . USED 830 PAGE295 Sec . 138- 3 . 7 Mobile Home Supports and Manner of Tiedown ( a ) Adequate Support for Mobile Home The mobile home support shall not heave , shift or settle unevenly under the weight of the mobile home due to frost action , inadequate drainage , vibration or other forces acting on the structure . ( b ) Anchors or Tiedowns Anchors or tiedowns , such as cast - in - place concrete " dead men " , eyelets imbedded in concrete screw augers or arrow head anchors shall be placed at least at each corner of the mobile home and each device shall be able to sustain a minimum load of 4 , 800 pounds . Anchors or tiedown design shall be equal to or better than that recommended by the MOBILE HOMES MANUFACTURERS ASSOCIATION . Sec . 13B - 3 . 8 Required screening Whenever the external boundaries of a mobile home park abuts property in a R or R - 0 District or a City Street or Highway , there shall be provided in such park along the common boundary line a screening wall meeting the standards of Article 8 - 10 of Fayetteville Code of Ordinances Sec . 13B - 3 . 9 Mobile Home Park Structure Regulations ( a ) Structures placed in a mobile home park shall be for the exclusive use of mobile home park occupants . ( b ) Every park shall provide community sanitary facilities in a community building to be located in the park with the following emergency sanitary facilities : ( 1 ) For each 100 mobile home lots , or fractional part thereof , there shall be one flush toilet and one lavatory for each sex . ( 2 ) The building containing such emergency sanitary facilities shall be accessible to all mobile homes . ( c ) Structures prohibited in mobile home parks Temporary or permanent tents or tent like structures shall not be permitted in a mobile home park and the location of such a structure is prohibited in mobile home parks . p �7�+ Sec . 13B. - 3 . 10 Water Supply DEED 8 3 ® PAGE29II r ; ( a ) An accessible , adequate , safe , and potable water supply shall be provided for each mobile home park , capable of furnishing a minimum of 150 gallons per day for each mobile home space . ( 1 ) Where a public supply of water is available , connection shall be made thereto and its supply shall be used exclusively . ( Z ) Each mobile home shall be proided with an individual water meter and each mobile home shall be individually metered . ( 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 nonpotable or questionable water supplies and shall be protected against the hazards of backflow or back - siphonage . ( 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 . ( 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 . Sec . 13B - 3 . 11 Electricity ; Exterior Lighting ( a ) An electrical outlet supplying at least 11S 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 weather - proof . 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 . (b ) The point of the electrical connection for the mobile home should be within the area of the mobile home pad and approximately forty ( 40 ) feet from the front of the stand . ( c ) Grounding All exposed noncurrent - carrying metal parts of the mobile homes and equipment shall be grounded by means of an approved grounding system . The neutral DEED 83O PACE297 conductor shall not be used as an equipment ground for mobile homes or other equipment . ( d ) Exterior lighting Adequate public lighting shall be provided for all streets , walkways , buildings , and other facilities subject to nighttime use in all mobiZe home parks . Sec . 13B - 3 . 12 Fuel 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 the possibility 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 . Sec . 13B- 3 . 13 Fire Protection ( a ) The mobile home park area shall be subject to the rules and regulations of the fire prevention authority of the City of Fayetteville , Arkansas . (b ) Mobile home park areas shall be kept free of litter , rubbish and other flammable materials . ( c ) Portable fire extinguishers of a type approved by the fire prevention authority shall be kept in service buildings and shall be maintained in good operating condition . Sec . 13B - 3 . 14 Alterations and Additions ( a ) Plumbing and Electrical Repairs All plumbing and electrical alterations or repairs in the mobile home park shall be made in accordance with applicable local regulations . (b ) Permanent Additions No permanent additions shall be builtiont000r 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 . DEED p°30 PACE ��� Sec . 13B - 3 . 1S . Supervision ; Maintenance and Repair The person to whom an operator ' s permit for a mobile home park is issued shall at all times operate the park in compliance with this chapter and the regulations issued thereunder , and shall provide adequate supervision to maintain the park , its facilities and equipment in good repair and in clean and sanitary condition at all times . Sec . 13B - 3 . 16 . Existing Mobile Home Parks Nothing in this ordinance shall be interpreted to apply to mobile home parks in existence on the effective date of this ordinance . Provided , however , that mobile home parks lawfully operating on the effective date of this ordinance may not expand operations unless the expanded portion of the mobile home park is in compliance with the provisions of this chapter . Further provided , that mobile home parks in existence on the effective date of this ordinance and in compliance with the provisions of ordinance No . 1509 ( Chapter 13A , Fayetteville Code of Ordinances ) but not otherwise in conformity with the provisions of this ordinance , may continue to operate , subject however to those portions of ordinance No . 1509 which are not in conflict with the provisions of this ordinance and further subject to the zoning , health and fire prevention laws , ordinances and regulations of the City of Fayetteville and the State of Arkansas . ARTICLE II . PERMITS Sec . 13B - 4 . Mobile Home Park Operator ' s Permit Sec . 13B - 4 . 1 Park Operator ' s Permit Required 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 DEED ,3W PAGEZ99 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 chapter 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 disposed 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 . Sec . 13-B- 4 . 2 Park Operator ' s Permit Application Applications for operator ' s permits to operate a mobile home park 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 : ( a ) The name and address of the applicant . ( b ) The interest of the applicant in and the location of the mobile home park . Sec . 13B- 4 . 3 Park Operator ' s Permit Renewal Applications for renewals of operator ' s permits shall be made in writing by the holder of the permit and shall contain the following : ( a ) Any change in the information submitted since the time the original permit was issued or the latest renewal granted . ( b ) Such other information as the enforcement officer may require . Sec . 13B - 4 . 4 Opening Park Without Permit 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 . p rr�� �1 DE [ D 8,30 PACEv0O Sec . 13g- 4 . 5 Denial of Park Operator ' s Permit ; Appeal Any person whose application for a permit under this article has been denied may request and shall be granted a hearing on the matter before the Housing Board under the procedure provided by Sections 13.3 - 14ff of this chapter . Sec . 13B:- 4 . 6 Notice of Violations to Mobile Home Park Operators 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 chapter , or of any regulations adopted pursuant thereto , the enforcement officer shall give notice in writing in accordance with Section 13.B- 13 to the person to whom the Mobile Home Park Operator ' s Permit was 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 enforcement officer shall reinspect such mobile home park , and if such conditions or practices have not been corrected , he shall suspend the applicable park operator ' s permit and give notice in writing of such suspension to the person to whom the permit is issued . Sec . 13.B- 4 . 7 Mobile Home Park Operator ' s Right of Appeal ( a ) Any person whose park operator ' s 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 procedure provided by Sections 11B- 14ff of this chapter . ( b ) When no petition for such hearing shall have been filed within ten days following the day on which notice of suspension was served , such operator ' s permit shall be deemed to have been automatically revoked at the expiration of said ten-day period and the operator of such mobile home park shall cease operation of such park . Sec . 13B- 5 . Mobile Home Park Building Permits Sec , 13B- 5 . 1 Building Permit to Construct Park Required Applications for building permits for mobile home ', parks shall be in writing , signed by the applicant , andelaccom- DEED 830 PAGEt2U1 panied 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 : ( a ) 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 . ( b ) 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 . ( c ) No changes or additions may be made in the plot 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 . Sec . 13B- 5 . 2 Plans and Specifications Required for Mobile Home Park Building Permit . A complete plan , for the purpose of obtaining a building permit to construct a mobile home park 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 . ( 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 . ( f ) Plans and specifications of all buildings and other improvements constructed or to be constructed within the mobile home park pursuant to such application . Sec . 13.B - 5 . 3 Requirement of Plan Approval by City and State Agencies Plans and specifications for mobile home parks must be reviewed and approved prior to starting construction and the issuance of a building permit as follows : ( a ) City Planning Commission ( b ) Arkansas State Board of Health . This applies to the entire site , grocery stores , lunch counters , DEED 830 mnt302 food handling facilities and swimming pools . ARTICLE III . ENFORCEMENT Sec . 13B - 6 . Inspections - Authority of Health Officer ( a ) 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 the general public . ( b ) 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 chapter or of regulations promulgated thereunder . Sec . 13B - 7 Inspections - Duty of Owners or Occupants 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 . ( a ) It shall be the duty of the mobile home park operator to see that every occupant of a mobile home makes the grounding connection to his mobile home . ( b ) It shall be the duty of the park operator to see that every occupant of a mobile home install fire resistant mobile home skirting acceptable to . the enforcement officer around his mobile home within sixty ( 60 ) days after the locating of the mobile home on the pad . ( c ) It shall be the duty of the mobile home park operator to furnish suitable anchoring cables or devices acceptable to the enforcement officer for every mobile home located in his mobile home park . It shall be the responsibility of the park operator to supervise the proper placement and use of these anchoring devices . ( d ) It shall be the duty of every occupant of a mobile home to secure the mobile home by attaching the anchoring devices . ( e ) It shall be the duty of the park operator to see that all utility connections are installed in accordance with the ordinances of the City of Fayetteville . DEED 830 PAGE 2103 Sec. 13B-8. Granting Access Rights for Purposes of Repairs or Alterations 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 of alterations as are necessary to effect compliance with this chapter, or with any lawful order issued pursuant to the provisions of this chapter. Sec. 13B-9. Report of Violations to Enforcement Officer The health officer shall report any violations of this chapter to the enforcement officer, who shall immediately take or institute appropriate action to correct said violation and enforce the provisions hereof. Sec. 13B.-10. Emergency Orders (a) Whenever the health officer finds that an emergency exists which requires immediate action to protect the public health, he may, without notice of 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 chapter, such order shall be effective immediately. (b) 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 13B-14ff shall be applicable to such hearing and the order issued thereafter. Sec. 13.8-11. Right of Entry for Police and Fire Department The police and the fire department shall, in the course of their duties, have free and complete access to all mobile home parks for the purpose of inspection, patrol and enforce- ment of fire and police regulations. Sec. 13:8-12. Penalties for Violations Any person who violates any provision of this chapter, or any provision of any regulation adopted by the enforcement officer pursuant to authority granted by this chapter, shall upon conviction be punished by a fine of not less than five dollars ($5) nor more than twenty-five dollars ($25) and each day's failure to comply with any such provision shall constitute a separate violation. DEED 830 PAGE 304 Sec. 13B-13. Notice of Alleged Violation Whenever the enforcement officer determines that there are reasonable grounds to believe that there has been a violation of any provision of this chapter, or 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 required. (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 address, or when they have been served with such notice by any other method authorized or required by the laws of the State of Arkansas. (e) Contain an outline of remedial action, which, if taken, will effect compliance with the provisions of this chapter and with regulations adopted pursuant thereto. Sec. 13B-14. Appeal Procedure Any person affected by any notice which has been issued in connection with the enforcement of any provision of this chapter, or of any regulation adopted pursuant thereto, may request and shall be granted a hearing on the matter before the Housing Board. Such person must 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. 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. 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 13B-10. Sec. 13B-14.1 Housing Board Hearing The hearing shall be commenced not later than ten (10) days after the day on. which the petition was filed. Provided, that upon application of the petitioner, ED 830iYAtE v. The chairman of the Housing Board may postpone „the date of the hearing for a reasonable time beyond such ten-day period when in his judgment the petitioner has submitted good and sufficient reasons for the postponement. At such hearing, the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. Sec. 13B-14.2 Housing Board Proceedings; Public Record The Housing Board shall make findings as to compliance with the provisions of this chapter and regulations issued thereunder and shall issue an order in writing sustaining, modifying or withdrawing the notice which was issued by the enforcement officer. 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. Sec. 13B-14.3 Appeal Decision of Housing Board to Court Any person aggrieved by the decision of the Housing Board may seek relief thereafter in any court of competent jurisdiction, as provided by the laws of this state." Sec. 2. The parts of ordinance number 1509 (Chapter 13A - Code of Ordinances) of the City of Fayetteville in conflict herewith are hereby repealed. It is the intent of this ordinance that those portions of ordinance number 1509 less restrictive or in conformity with this ordinance shall remain in full force and effect and that those portions of ordinance number 1509 more restrictive or in conflict herewith be and they hereby are repealed. Sec. 3. Should any section or provision of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid. Sec. 4. This ordinance being necessary for the the public peace, health, comfort, convenience, welfare of the City of Fayetteville, an emergen exist and this ordinance shall be in full force its approval. preservation of morals, safety and cy is declared to from the day of DEED on PAGE 30.6 PASSED AND APPROVED this 212 L day of � �Ay , 1972. APPROVED: CI M DEED 830 PACE3O CERTIFICATE STATE OF ARKANSAS CITY OF FAYETTEVILLE I, HELEN YOUNG, City Clerk within and for the City of Fayetteville, Arkansas, do hereby certify that the annexed and foregoing is a true and correct copy of the Fayetteville, Arkansas, � &-We't, o/w) /85- Q therein set forth, and the same is as it appears of Record in aLIJLlg2Q//7GP. Volume TiLL, at Page 34 37,35 thereof. 39, uol a/ y1, #3 455 44 4$ SOa.,JS/ IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this 27/I, day of rnatc 1972,_- t/tLIVZI//Q . n U � � R. • . S ie .ti -I. C�, RRKaT— t , 11 �.•R"�, (J.. •i r vi p rr�� pp bE�0 830 PACE 308 GRT111GATE OF RECORD SS State 0f Axl:ansas of 1; a},e,t vi le City Glerk and GitY G 1{ennec.y, ,,,,eteville, Su' clo recox der for theGityofr•t> f rc certify that the a;w:, a m aP E.._Ofiici0 csa d0 hereby of+'_ice d t t' hod lC of record in mY� itesoltat� goi;:I Ordinance �Nitness my ars in_ cY of Peat Page hand and seal this—�` ]9--� Clerk and ryxpfficio 1 City - CERTIFICATE OF RECORD STATE OF ARKANSAS Washington County II SS. I, Alma 1. Kollmeyer, Circuit Clerk and ExOfr'icio Record Washington County, do hereby certi;y ,had �' _ going instrument was filed t ., for �,d_YeC _r ip•3_ of or recr,r5 my o, tt % day duly recorded in —u cicck4, i1 find ihasam Witness record� e is my hand and seat thioP7day of mat pagr Y4 �MUh� ifs% 19�� Circuit Clerk and E - "^io Recorded BY . a.„rh s._. Deputy Clerk ()BIFIXA%(E NO. IP:10 AN ORDINANCE DEFINING AND REGULATING MOBILE HOME PARKS: ESTABLISHING MINIMUM STAND- ARDS GOVERNING THE CONSTRUC- TION ANT) MAINTENANCE OF MO - HIE HOME PARKS: ESTABLISHING MINIMUM STANDARDS GOVERNING THE trril.rTIE5, FACU.rrmS AND OTHER PHYSICAL THINGS AND CON. DITIONS TO MAKE MOBILE HOME PARKS SAFE, SANITARY, AND FIT FOR HUMAN HABITATION: FIXING THE RDSPONSIBILITIES AND DUTIES OF OWNERS AND OPERATORS OF MOBILE HOME PARKS: AUTHORIZING INSPECTION OF MOBILE HOME PARKS: AND FIXING PENALTIES FOR VIOLATION. BE IT ORDAINED BY THE BOARD OF DIREcmRS OF THE CITY OF FAYE'ITEVILLE, ARKANSAS See, I. That the code of Ordinances. City of Fayetteville. Arkansas, is hereby emended by adding a chapter to be numbered 138, whim said chapter reads as follows: "(Faster 138" MOBILE HOMES AND MOBILE HOME PARKS OPENED OR EXPANDED AFTER APRIL 20, 19]2 .ARTICLE I. IN GENERAL Ser. LIP-i, Definitions Fair the purposes of this chapter, the following words and phrases shall have the meaning ascribed to them in this aryl ion AfrEsSORY STRU[TURES means any structural addition to the mobile bump such as awnings, cabanas, it, ro,rls, rorida rooms, poaches, y Ito covers, and similar additions. Ai'rESSORY COMMUNITY SVTRUC- TURF: means a structure of a por- Ion of a structure for commercial use that is located in a mobile inner park and which is Intended solely for the convenience of the rrsidrnis or occupants or the mobile `none park. 'Cfo!t'TIM SItRAGE STRUCTURE a 'fracture located to a mobile nom, park for the Convenience of The P (dents to provide storage since "fen used outdoor equipment, flit n Img. tools and Other Items which cannot be conveniently stored in the typical mobile home. BUILDING PERMIT means a written permit issued by the enforcement officer permitting mnstmctjon, erec- lion. alteration, remodeling nr re- nalrnig of a mobile hone park. CITY PLANNING COMMISSION mearc that commission treated for the Clt" of Fayetteville by sections 2811 through 2-94, Fayetteville Code of Ordinances. DEPENDENT MOBILE HOATE means a mobile home which does not have A flush toilet and a bath or shower. ENFORCEMENT OFFICER means the chief building Inspector of the City nr Eavetteville, Arkansas or his aul harized representative. HEALTH OFFICER means the County Sanitarian or other legally desig- nated health author!' of the City of Fayetteville or his authorized representative, HOUSING BOARD means the housing chard eslahU Led by sectjbn 12 (Twelve,, Fayetteville Code of Or- dinanms of the Cily of Fayetteville, Arkansas. INDEPENDENT MOBILE HOME means a mobile home whim has a flush toilet and a bath or shower. MORR.F. HOME means any house trailer or pre(ahrigated structure Intended for or capable of human dweling or sleeping purposes and designed for being moved or trans. ported MOBILE HOME PARK means any park court, site, panrl or tract of land designated, maintained, intend- ed or used for Me purpose of sup - giving a location or accommodations for two (2) or more mobile homes And shall include all buildings used or intended for use as part of the equipment thereof: whether or not A charge is made For the use of the court and its facilities. MOBILE HOME PAD means that part of an individual mobile home lot whim has been reserved for the Placement of a mobile home. MOBILE, HOME LOT means a plot of ground or a lot in a mobile home Park designated far the location for On!' one mobile home, llr)BO.F] HOME AND TRAILER S.\1E rev,' nirars a Inv on which unor. nmid Ira lie FS alp parked for Pun n.rof inspection and 'alp. O'ER ATOR'S PERNrr means a ssr'.1. Inn pm'mit i-puvi To the rmr,ntmenl nfrn'v, peiTilttinr tire mobile home rwrk to ow -ate antler this chapter and regulations Mnmul2aled there. uncle' PERSON means ant' :id ividual, firm. Partnership, corpora t tun, „oni pa fl nr ass nC l at ion. SERVICE BURRING mama a build ice housing toilet and hat ling facu- liies for men and/or woman with l an ndr" facilities and au'h other fa. Fillies as may be required by this (tanter Ser. P8-2 Development Requirements for Mobile Home Park She 13R-21. Official Plat Prior to development of mobile home Park or extensively remodeling an existing mobile home park) the de. velmwr shall be required in submit to the City Planning CommIssion for review and Approval an Official plat of the momsed mobile home Park. Said official plat of a mobile home park shall be subject to the pro- s'IsiOns of the city subdivision rea- tatinns and when approved by the City shall be recorded by the city clerk in the office of the Circuit Clerk and F-x-olfido Recorder. Si 13R-2,2, Mobile Home Park Street Design The Official Plat shall Indicate all Interior and adjacent exterior street, And said streets shall be subject In the following: n1 The location and width of all streets shall he subject to the C1h- Major Street flan. (b) All streets shall be curbed, guttered and constructed to meet the rite, minimum street design standard's. - Sec. 1^R3 Minimum Mobile Home Park Design standards. Sec, 13R-3.1. Minimum Park Area Requirements (e1 Mobile Home Park Site The minimum Sue for a mobile home park development shall be three i,', acres. Ser. I3B-1.2. Park Site Ineation; Drat Page The nmbile home park shall be To. rated on a well-defined site, and shall he located so that its drain- age 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. See, 1381.3 Minimum Mobile Home Int Requirements in a Park. The minimum mobile home lot shell: (at ,'main a minimum of 4200 square feel of area (b' Provide for a hard surfaced off the street parking area for two vehicles. The hard surace shall consist of at least a double as- plalhr sal mat. Ser. 138-3.4 Mobile Home Pad Re- quirements The mobile home pads in a mobile hone park shall be located on the mnhde home lot and designed in such a way that: (a) Mobile homes, including any ab tachment thereto, shall be separated from each other at Vast twenty I2O' feet. tbt Mobile homes shall be located at least ten (10) feet from any exterior buntht'jn of the mobile home park adjacent to private properly. I1'.1 Mobile homes shall be lnested at least twenty-five (25) fat Iron any public street. Ser. 13B-.1.5 Recreation Arm Recreation areas and facilities should he provided to the extent necessary to meet the anticipated needs of the tenants me park is designed to serve, In no event shall less than eight percent ffl rI of the grass Park site area be devoted to recreational facilities. Ser. 13B -3.S Tenant Storage Facilities Tenant storage facilities shall be provided on earl, pant, -r I„•..,� Int or in romp, reasonable more man bile home should be des'F'ca m a enhance the appearance n' velopment and shall he of suitable ,•. teriaLs apps and maintr. minimum or of tenant sCno,'' Provided for each 1 sec. 138-3.0 Mobile and manner of Tiedn%, aI Adequate Support for Mn: Home The .....Lr not I blir arlerll_,. other Lacs ailing no Ilse e.. n11Y. (hl AnchAnchors s or Tdowns. e -plator ietewna, such as ras In -place concrete "dead men', eye- lets imbedded in concrete screw begets or arrow head anchors shall be placed at least at each comer of the mobile home and each de- vice shall be able to sustain a maximum load of 4,800 Pounds An. ehorn or belt design shall be equal to or better than that rec- ommended by the MOBILE HOMES MANUFACTURERS (1RERS ASSOCIATION. Ser. 13R-38 Required screening Whenever the external boundaries of a mobile home park abuts property In a a or R-0 District or a Ch Street shall he or Highway, there provided In such park along the common boundary line a screening wall meeting the standards of Allud edit of Fayetteville e Code of Ordi- nan cos. Ser. UP -.3.9 Mobile Home Park Struc- ture Regulations (e, Structures placed in a mobile home park shall be for the ex- clusive use of mobile home park elammnts. (b1 Every Park shall provide e:grn. munily sanitary facilities In a mm- murill building to be located in the park with the following enter. gency sanitary facilities, (11 For each 100 mobile home lot, or fractional Part Iherwd, there shall be one flush Toilet and one lavatory for PAsex. (2) The building containing such amen ea sanitary t facilities shall be accessibletoall mobile homes. TO Structures prohibited in mobile parks home parks. Temporary or permanent ten's or lent like structures not shall be permitted in a mobile home part the location of such a slimeur- 1 lure is prohibited in mobile home parks. Fr. Ii El. 10 Water Supply far An accessible, adequate, safe, and notable water supply shall be Provided for each mobile home Pal*, capable of furnishing a minimum of 150 gallon per day Me each mobile home space. (1) Where a public supply of wa. ter is availablenneetion shall e made thereto and its supply shall ¢ aa be used exclusively (21 Each mobile home shall he provided with an individual wa- ter meter and each mobile hone shell w individually metered. (3i All water piping shall he Con- itnmled and maintained in ac- cordance with state and local law: the water piping system shall not be connected with notable or questionable water Burr and shall he protected Against the hazards of back. flow or back-sie. (4, Where drinking fo fountain are provided for public use, the% shall he of a type approved by the State Board of Health and In locations approved by the an- forremeni officer, (5) Individual water -service con- nections which are provided for direct use by mobile banes Shalt be An constructed that they will not be damaged by the parking of such mobile bottles. See 138-3.11 Electricity: Exterior Lighting (A) An electricity 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 odes and ordinances, Such elec- trical outlets shall be grounded and weatherproof. No Power sup- ply line to the mobile home spare shall he permitted to lie on the ground or be suspended less than ten 0101 feet above the ground. No power supply line in a mobile home park shall be suspended less than fifteen (15, feet over any driveway. (b) the mint of the electric -el con- nection for the mobile home should be within the area s' the mobile home pad and approximatel' forty 0401 feet from the front of the stand, Ire Grounding All exlw,x Pd ante r rP nt-ra r r" ing metal Part', Of the mobile bnnm,c and zguipment shall he grounded by paellas of an approved SIvined- ing u%Itlln the nrmral reductor shall riot be nper! 'as an erllllPmrm ground fnI' mobile linenec or other rgtll polio 1. Id, Exterior 1 ghling ldegnale public' lighting shall be Plnvidrd for all streets- walk'va,-s bolding<. and other rarllitle, such jcrt to nighttime use in all mobile home narks, Sc,', I:B-;I,12 Fuel All piping horn nuts ids hl rl ''torn ge milk'' or r)iinders to motile hooter 'hall he rigid iron pipe Or ACA or UL labeled flexible tubing. perman- enlh' installed, and securely fastened In Place, in Such a manner as to exclude the possibtlilp' O damage by physical contact All fuel stor- age tanks or cylinder shall be se- curely 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 sum a manner as to not be .susceptible to damage by physical ranted. Ser, 138.3.13 Fire Protection far The mobile home park area shall be subject to the rules and regulations of the fire prevention authority of the city of Fayette. Ville, Arkansas (lit Mobile home park arena shall be kept free of litter, rubbish and other flammable materials. (e, Portable fire extinguishers M a type approved by the fire preven- tko authority shall he kept In Aeniee buildings and shall be maintained In good operating Con- dition. Seo, 13B1.14 Alterations and Additions (a, Plumbing and Electrical Repairs All Plumbing and electrical al- terations or repairs in the mo- bile hom1 park shall be made In accordance with applicable local regulalinns. (hi Permanent Additions No permanent additions shall he 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 require- ments. Sec. 138-3,15, Supervision: Maintenance and Repair the person to wham an operator's permit for a mobile home Park Is Issued shall at all times operate the park in mmplianee with this chapter and the regulations issued thereunder, and shall provide ade- quate supervision to maintain the Park, its facilities and equipment in good repair and In clean and sanitary condition at all times. See. 13H3.1g, Existing Mobile Home Parks Nothing in IhT ordinance shall he interpreted to apply to mobile home parks In existence on the effective date of this ordinance. Provided how- ever, that mobile home parks law- fully operating on the effective date or Ihrs ordinance may not expand operations unless the expanded por- tion of the mobile home park Is in and in olgnpnance with the previs-! nnuance Mo 1500 (Chapter ` OS h'ayel�tevtlle Code of Ordinantn, It not otherwise in aetonndty all provis ids at this ordinance, may • riutue �ttperate. subject bow - et to porinms of ordinance which are not in Conduct • rh the provisions of this ordinance d hrlher subject to the zoning. a(is. fdd fire prevention laws. dinances gal Tegvlatlans of the "IV a Fayette�e and the; Gate ' ARbhFaP. ARTICLE U. PERMITS 138-1. Mobile Nicene Park Op- atMrs Permit 131141 Par*' operator! Permit rgmnd .1, sea melA{g for tiny person oppram Si,' h.'.e bvcie park 'lblplImits �f Fayetteville. ATt .:,naltif N nS Is/bads a skid open , lox's a_F8IaAtid by the m r atzo • sat t ipt IFe name such rsolr.fl the gl'8onlie mobile home :oak. S. Ailli . appnra s for cement full be made to the epennit. tt • p0M who still sus a pennit. to vyfd for one ygr, then renew. "!e apqehiwit upon ,Pausal or is r ing -'sad w ih • n- leis •haptef 'kutd 'tregulations +mgother a ple - ulo and of St other apple ' Irgel rtquirs teach...11 a_lfir. ,Haloldice 'rrabk.t klrapb. alit holding Otlee .h 1Idrees , the a i. No aerate 5 er , enfwlr�tastt omar sea 10 such premises at reasonable for the purpose of inspection. it pet It shall be me duty of the home park operator to see that companl of a mobile home l the grounding connection to hike. bile home. (bi It shall be the duty M the operator to see that even' of a mobile home install fire ant mobile home skirting aece to the enforcement ofnrer erou mobile home within sixty 160' after the locating of the mobile an the pad. (ct It shall be the duty of the rat hone park . ,.-tor to fumtaff-r able anchoring tables or devic,! ceptable to {fie enforcement for evenmoWe home locet hie mobile lwgp park. It she the responsibof the hark star to supertlse the proper pI meat and Pat of these ancht devlma rd' It shall be the Ann' of e' oninnt of a mobile home to se the mobile lame by attaching anchoring devices. t - }1t shall be the data of the I for to ace that an utility ns are Installed in accord with the ordinances of the at Fhyelteville. Sec .3^ °. Onnting AeceSe Patyo,es of Repairs or Alt It Stull be the duty of eve -.a a mobile hatne park 1 - owner thereof or his agent &mesa rights to any pal flpblle home part or s.a able times lot paldrtg s icb repairs -1M&l necessary to effegt ..wab :phis chapter, or iur:order issued pursuant „dons of this tTapter. 8M_ 13I}9. Report of Violations A' forvs,.ot Officer +Malth officer shell report ion of this chapter to at. t officer, wro shall 119 ...ii I I Part nspevl (91 r mr shall It Oulu mobile home Ttark, and if such conditions or place res have not been corrected, be •dal] suspend the applicable park pernlor's Permit and give notice in exiting of such suspension to the crson to whom the permit Is issued. 138-1.7 Mobile Home Park O r rotor'soz's P Right of Appeal gal Any person whose park opera. tore permit has been suspended. or who has received notice flan tha t enforcement officer that his Permit will M suspended unless certain conditions or practices at the mobile home park are correct- ed, may request and shall M granted a hearing on the matter before the Housing Board under the procedure provided b' Sections 13R-14ff&14ff of thin chapter. (lot When no petition for such hear- ing shall have been filed within ten dos following the day on which notice of suspension was served. such operatol'i permit shall M deemed to have been afor ally revoked at the expiration or said landau period and the oR crater of sup mobile home park shall cease operation of such park. gee. jIB-IS. Mobile Home Park Building PermilP Sec. 13135.1 Building Permit to Con ruet Park Required d Applications for shag permits for mobile home irks shall be in writ - lag. signed by file applicant, and ac- companied by an affithedavit of the applicant as to the truth of the statements and facts set forts in the aion, and shall conwin the following: (at A complete plan of the mobile home park. containing the legal description, showing compliance with all applicable previsions of this Ordinance and regulations proniulflted thereunder. (lot Such further Information as may be requested by the enrmnl officer to enable determin e to that the proposed mobile home Perk will comply with legal re- quirements. (cm No elsnges or additions may be made in the plot plan or (ion of a mobile have park construc- tion except upon a new appliswlien which shall be subject to the same terms and conditions of the original applies - it Bee. ]3BS.R Plans and Specifications ReQuired for Mobile Home Park Bu ilding Permit. A complete plan, for the purpose of obtaining a building permit to construct a mobile hone park to be issued by the enforcement officer shall allow: Do The area and dimensions of the tract of land. (b, The number, location, and site of all mobile home spaces. pr' The location and width of road - sets and walkways. (d' The location of service buildings and any other proposed structures to, The location of water and scare' lines. (('Plan! and spthduricuma of al buildings and other lmprovemenh constructed or to be coostconat e within the mobile home Pap,wrk Par aunt to such application sill ]38-5.3 Requirement of Plan Al' Proved by City and Slate Agenr! Plana and specifications for mobile home parks must be reviewed our approved prior to starting construe lull and the material of a studios permit as follows: (at ('pl)' Planning Com mission (hi Arkansas Stele Board Health This applies to the entire site foodh stores. lunch masi, food handling facilities and swim stele pto'> tIIli11 sir I. FTATE of ARKANSAS 118. County of Washington J} Qmzi hereby certify that I tat the blis er of P E NORTHW'EST ARKANSAS TIMES, a daily lewspape} having a second class mailing privilege, and being not less than our pages of five columns each, published at a fixed place of business and at ' fixed (daily) intervals continuously in the City of Fayetteville, County of Vashington, Arkansas for more than a period of twelve months, circulated Ind distributed from an established place of business to subscribers and eaders generally of all classes in the City & County for a definite price for tacit copy, or a fixed price per annum, which price was fixed at what is :onsidered the value of the publication, based upon the news value and service value it contains, that at least fifty percent of the subscribers .hereto have paid cash for their subscriptions to the newspaper or its agents }r through recognized news dealers over a period of at least six months; and that the said newspaper publishes an average of more than forty percent )ewe matter. I further certify that the legal notice hereto attached in the matter of N0- m' M nnlrr b u.ap spoil' de have been properly served upon such owner or operator when certifieda ru thereof has been sent by addr s mail to their last known address, or when they have been served with such notice by' any other method authorized or required by the laws of the State of Arkansas. ter Contain an outline of remedial action, which, if taken, will effect compliance with the provisions of this chapter and with regulations adopt- ed pursuant therein. See, 138-14. Appeal Procedure An." person affected by any notice which has been issued in connection with the enforcement of an) Pon - vision of this chapter, or of any reg- ulation adopted pursuant thereto. may request and shall be granted a hear ing on the matter before the Heuin ing hood. Such Person must file in the office of the secretary cep of the Housing Hoard a written petition e. questing such hearing within ten days after the notice was served. Upon re- ceipt of such petition, the chairmen or the Housing Board shall set a time unit place for such hearing, and shall site the petitioner written notice there- of- The filing of the request for a hearing shall operate as a they of the notice and of the suspension ex- cept in the ease of an order issued under section 13B-10. Frc. 136-11.1 Housing Board Hearing The hearing shall be commenced not later than ten (lot days after the day on which the petition was filed. Provided, that upon application of the petitioner, the chairman of the Housing Hoerd ant postpone, one dale of the hearing for a reason- able time beyond such ant y Per Intl when in his judgment the ttr- tinner has salamilltd good and an frebint leauxts Inc the artltone- ment At such hearing, the pet fy t be Cr shell given an opportunity' to be heard and to show why such Police should be modified or wllh drawn. srin• 13P149 Housing Board Proceed- ings: Public Record The Housing Board shall make find- ings as In compliance with the pro visions of this chapter and regula- tions shal issued thereunder and shall issue an order in writing sustain- ing, modifying or withdrawing the notice which was Issued by the an - 'The neat officer. The Proceedings at such a hearing, including the findings and decision of the Housing Board ingather with a copy of every Rolm and order re- later thereto, shall be entered as in a matter of public record in the Office of the City Clerk. Sec. 136-19.3 Appeal Decision of Hous- ing Board to Court Any Person aggrieved to the decis- ion of eek the Housing Board mat Beek relief thereafter in any court of competent jurisdiction, as provided by the laws of this state.'' See. ?. The parts of ordinance number Ie.,U.9 IChapter LTA - (rude of ordf- nances' he the (Sly or hereby re -pea in It is herewith are hereby reeealed it is the Intent of this ordinance that those esrliona of ordinance number 1500 less restrictive or in amain fill with this ordinance shall remain in rail force and effect and that those portions M ordinance number 1.509 more restric- tive or in conflict herewith M and the' hereby are repealed. oof' 3. Should any section or provision f this ordinance be declared by the (Paris to M unconstitutional or invalid suchf the m shall net affect the valid - it of ordinance as a whole, or any Part thereof other than the part so declared in be unconstitutional or in- valid. set 4 11d. mdnanre .i .LI net n.:ei published in the regular daily issue of said newspaper for..._ �. eeetive insertion%as follows: The first insertion on the __- JO. -.__ day of .-. 19.2' second insertion on the _.___..___ day of third insertion on the _._._. .. .._.. day of __.... _____R_______ Fib the fourth insertion on the _.__ _ __ day of ____-_----__..._.. 19_...... Sworn to and subscribed before me on this day of _---.._---- -. Th Q3taL$ ---------"-----ot.);-------.- 19---7� No Public G Fees for Printing (lost of Proof _._...---_--- $..... Total ---------- - ..(_a