§ 28. MOBILE HOME PARKS
NOTE: The development of a mobile home park requires that such project comply with both the provisions herein and with the provisions of the Santa Fe Subdivision/Development regulations. The Development Officer shall initially interpret the sections of the Development Regulations applicable to mobile home park development. Such decisions shall be with the approval of the Planning and Zoning Commission which shall exercise final authority over interpretation thereof. All such projects shall be submitted to the Planning and Zoning Commission for review and approval.
A.
DEFINITIONS
For the purpose of this section, the following words and phrases are defined and shall be construed as herein set forth unless it shall be apparent from the context that they have a different meaning:
(1)
Natural or artificial barrier: Any river, pond, canal, railroad, levee, embankment, fence or hedge, shrub fence or hedge, to be at least six feet (6') in height and obstructing view to the extent of one hundred percent (100%).
(2)
Park: Mobile home park.
(3)
Person: Any person, firm, trust, partnership, association, or corporation.
(4)
Mobile home : A mobile home, manufactured housing, manufactured home or a HUD-Code manufactured home and collectively means and refers to all as they are defined by the Texas Manufacturing Housing Standards Act (Article 5221f, Vernon's Texas Civil Statutes) and also means industrial housing or buildings as defined in Article 5221f-1, Revised Statutes. The term "mobile home" as used in this section shall include travel trailer unless otherwise stated.
(5)
Mobile home park : Any plot of ground upon which three (3) or more mobile homes, occupied for dwelling or sleeping purposes, are located regardless of whether or not a charge is made for such accommodations. The term "mobile home park" as used in this section of the Construction Regulations shall include RV park unless otherwise stated.
(6)
Skirt: Concealment from view of the under carriage on all sides of a mobile home.
(7)
Mobile home stand: The space within the mobile home park on which a mobile home is to be located and is the space designed for accommodation of one (1) mobile home, together with such open space as is required by this section.
(8)
Tie downs: Securing of the mobile home with anchors into the ground to prevent movement caused by wind.
(9)
Dwelling: Residential trailer/manufactured home occupied by any person or persons as their usual place of residence.
(10)
Travel trailer/motor home : A portable recreational vehicle built on a chassis and designed for travel or as defined by the Texas Department of Transportation.
(11)
Hard surface: Concrete, asphalt with acceptable base or approved equal.
(12)
RV park : A recreational vehicle park shall be any plot of ground upon which three (3) or more travel trailer, motor home or recreational vehicles, occupied for temporary, dwelling or sleeping purposes, are located regardless of whether or not a charge is made for such accommodations.
(Ordinance No. 09-2004 of May 13, 2004; Ordinance No. 18-2007 of July 12, 2007, Secs. 1, 2, 4)
B.
PERMITS
(1)
Construction, Occupancy of Permanent Residential Structures
No permit shall be issued for the construction or occupancy of a permanent residential structure in any mobile home park, with the following exceptions:
(a)
One (1) existing residential structure may be retained or one (1) new residential structure may be constructed for the occupancy of the owner or operator of the park.
(b)
An existing residence may be converted to a clubhouse, community center or service building for use by the residents of the mobile home park.
(c)
A separate permanent structure may be constructed for use as a clubhouse, community center, or service building.
(2)
Permit Required
It shall be unlawful for any person to construct, alter, or extend any mobile home park within the limits of the City unless he holds a valid permit issued by the Planning and Zoning Commission in the name of such person for the specific construction, alteration, or extension proposed.
(3)
Application Requirements
All applications for permits shall contain the following:
(a)
Name and address of the applicant.
(b)
Location and legal description of the mobile home park.
(c)
Location of boundary or property lines; width and location of platted streets, alleys, and easements within or adjacent to the proposed mobile home park; present physical features on the land including natural and artificial water courses, ditches, ravines, culverts, bridges, present structures and any other features directly pertinent to the proposed mobile home park; location of any existing above or underground utilities, or other pipelines, showing pipe sizes of sewer, gas, water mains, and drainage facilities, outline of any existing wooded areas, and the location. A topographic map of the property with contour intervals of one foot (1') with all grades shown thereon tied to National Geodetic Vertical Datum. The description of the property shall include the acreage. Plats shall be located with respect to an original corner of the survey of which the land is a part, with lengths and bearings on all property and easement lines shown.
The plat shall show the property street system design, location, and width of the proposed streets within the mobile home park, lots and other features and their relationship to streets, alleys, and easements in adjacent subdivisions. If there are not adjacent subdivisions thereto, a vicinity or location map, drawn at a smaller scale, shall be submitted along with the preliminary plat, this map to show the boundaries and ownership of adjacent properties; the location and distance to the nearest subdivisions; and the manner in which the streets, alleys, easements, and highways of the proposed mobile home park may eventually connect with those of the nearest existing subdivision. Plat shall also show proposed buildings, driveways, parking areas and the lot sizes, mobile home locations, streets, walkways, alleys, and the proposed connections to city rights-of-way.
(d)
Classification and designation of the intended uses of land within the mobile home park proposed.
(e)
Date, north arrow, and scale of the drawing.
(f)
Utilities:
(i)
Preliminary plan of proposed water distribution system along with approval of governing body.
(ii)
Preliminary plan of proposed sewage collection system including flow line elevations along with approval of governing body.
(iii)
Preliminary plan for on-site and off-site drainage including flow line elevations and detention structures.
(iv)
Preliminary plan of electrical distribution system, preliminary plan of gas distribution system, and preliminary plan of telephone distribution system along with approval of the appropriate utility companies. All utilities shall be distributed under ground.
(v)
Preliminary plan of sidewalks resident parking, visitor parking, traffic flow, traffic control devices.
(vi)
Preliminary plan of recreational features, location, and access.
(vii)
Preliminary plan of street and pedestrian access into and out of the project traffic control systems.
(g)
Where the preliminary plat submitted for approval covers only a part, a unit or increment of the owner's entire holding or ultimate mobile home or travel trailer park, a sketch of the prospective future street system of the unsubmitted part shall be furnished and the street portion submitted for approval will be considered in the light of adjustments and connections with the street system of the part not submitted.
(h)
Five (5) copies or prints of the preliminary plat and proposed improvements shall be submitted to the Planning and Zoning Commission no less than twenty five (25) days prior to the regular meeting of that body at which approval is requested. Upon completion of review by the Planning Commission, within thirty (30) days, the Planning Commission will notify the developer that the city Planning and Zoning Commission, either denies the application for cause, conditionally approves it or approves it unconditionally. At the Planning Commission meeting, the Development Officer will outline in detail the sections of the proposed mobile home development plot plan that do not meet the city minimum requirements and feasibility of city services. The city Planning and Zoning Commission will review and recommend changes if required and grant preliminary approval if satisfactory.
It is to be understood that the approval of the preliminary plat by the Planning and Zoning Commission does not constitute acceptance of the proposed mobile home park by the City, but does constitute an authorization to begin and proceed with the preparation of the final mobile home park plat. There shall be no work in the field on the proposed mobile home park until the final plat has been approved by the Planning and Zoning Commission of the City of Santa Fe, Texas. Approval of the preliminary plat expires at the expiration of a period of six (6) months unless the final plat has been submitted for approval prior to that time.
(Ordinance No. 09-2004 of May 13, 2004)
C.
FINAL PLAT
(1)
Preparation
After the approval by the city Planning and Zoning Commission of the preliminary plat, a final plat shall be prepared and submitted to the Planning and Zoning Commission for its approval. Final engineering documents shall also be submitted in triplicate. Five (5) prints of this final plat shall be submitted to the Planning Commission at least twenty-five (25) days prior to the regular meeting of that body at which approval is requested.
(2)
Preparation of Plat
The final plat shall be clearly and legibly drawn to a scale not smaller than one inch equals sixty feet (1" = 60') on sheet twenty-four inches by thirty-six inches (24" × 36") size.
(3)
Contents
The final plat shall show or be accompanied by the following information:
(a)
The mobile home park name or identifying title; the name and address of the owner.
(b)
The names of adjacent subdivisions.
(c)
The names of streets; the numbers of lots and blocks; the same to be in accordance with a systematic, consecutive numbering arrangement. Names of new streets should wherever possible, follow or be extensions of existing street names. The local light company shall be contacted for street numbering and name assignment.
(d)
An accurate boundary survey of the property of the proposed mobile home park noting the bearings and distances of each property line, same being referenced to an original corner of the survey of which the land is a part, and established subdivisions, showing the lines of all adjacent lands and properties; lines of adjacent streets, alleys, and easements noting width and names of each. Streets, alleys, and easements of adjacent subdivisions shall be shown in a different manner than those of the proposed mobile home park, preferably dotted or dashed. A metes and bounds description shall also appear on the plat.
(e)
The final plat shall indicate the location of all lots, streets, highways, alleys, easements, parks, playgrounds, and such other features, with accurate dimensions given in feet and decimals of a foot. Showing the length of radii, deflection angles, and of the arcs of all curves; tangent distances and tangent bearings shall be given for each street, all such data being complete and sufficiently precise to permit accurate locations upon the ground.
(f)
The building lines of front and side streets shall be shown dotted or dashed.
(g)
Proper certification shall be made upon the plat, by a registered land surveyor, ascertaining that the plan represents a survey made by him and that all necessary monuments are accurately and correctly shown upon the plat. All construction plans shall bear the seal of a professional engineer.
(h)
Proper blanks for certificate of approval to be filled out by the Planning Commission and City Council.
(i)
Date, scale, and north arrow.
(j)
Final plans for all street, drainage, and utilities construction, including lighting as follows:
(i)
Complete engineering drawings and other construction documents as needed to fully describe the improvements. These documents shall include but not be limited to:
(ii)
Final water distribution system including taps, fire hydrants or other fire-fighting systems, blow-off valves, depths, street and drive crossings and other pertinent data;
(iii)
Final sanitary sewer collection system including taps, grades, depths manholes, street and drive crossings, lift stations, line sizes and equipment sizes;
(iv)
Final street cross sections and details, paving thicknesses, reinforcing, control joints, slopes and drainage patterns, inlet details;
(v)
Storm sewer and drainage systems, manholes, detention structures and outfalls, sizes, cross sections, restrictor details;
(vi)
Hydrological and topographical data pertaining to up-stream and downstream effects of the development and hydrologic calculations; and
(vii)
Other information and data as may be required by the Santa Fe Development Regulations.
(4)
Approval by Planning Commission
After approval of the final plat by the Planning Commission and the City Council, five (5) prints and one (1) reproducible print shall be furnished of all drawings to the City Building Inspector. All figures, letters, and symbols shown upon the drawings shall be plain, distinct and of sufficient size as may be easily read and of such density as will remain a permanent and lasting record.
(Ordinance No. 09-2004 of May 13, 2004)
D.
GENERAL PLANNING PROVISIONS
(1)
General Planning; Minimum Number of Spaces
A mobile home park or RV park shall have no less than three (3) spaces and shall not be located in areas restricted against use and occupancy of mobile homes and/or recreational vehicles.
(2)
Mobile Home Stand; Travel Trailer/Motor Home Stand
The minimum size of a mobile home stand shall be forty feet (40') in width by one hundred fifteen feet (115') in depth, with a twenty-foot setback, fronting on a forty-foot wide roadway. Variations for lot shapes on curved roadway, cul-de-sacs, etc. shall conform to the basic square foot of the above or larger. The minimum size of a travel trailer/motor home stand shall be twenty feet (20') in width by sixty-five feet (65') in depth, with a twenty-foot setback, in fronting on a forty-foot wide roadway. On each stand there shall be provided a concrete parking area for the mobile home or travel trailer/motor home. (See Exhibit A on file in the Office of the City Secretary for dimension)
(3)
Automobile Parking
There shall be provided for each mobile home stand a minimum of two (2) nine-foot wide and twenty feet (20') in length hard surfaced parking spaces for off-street automobile parking outside and off the roadway.
(4)
Mobile Home Access
The mobile home stand shall be designed for practical placement on and removal of the mobile home from the stand. Design shall include stand elevation, distances and angles in relation to the access street.
(5)
Mobile Home Drainage
The stand shall be designed for adequate crown and cross-gradient for surface drainage to the roadway.
(6)
Mobile Home Clearance
In order to insure privacy, adequate natural light and air, and convenient access to the mobile home, the minimum distance between mobile homes, (including additional construction and extension permitted in Subsection E.) shall be ten feet (10'). Distance from mobile home to common area or common walkways or to a street right-of-way or other common area shall be twenty feet (20') minimum.
(7)
Patio Areas
A patio or landing area shall be provided on each mobile home stand, which shall be a hard surface area with a minimum of one hundred (100) square feet and adequate drainage shall be provided for surface drainage.
(8)
Street Planning
Streets shall be designed to furnish traffic flow to the mobile home stand parking areas and to the entrance street. Minimum road right-of-way width shall be forty feet (40') of right-of-way on streets fronting lots on both sides and thirty-two feet (32') on streets fronting lots on one (1) side only. Pavement shall be twenty-two feet (22') wide. Streets shall be adapted to the topography, have satisfactory surface and ground water drainage and a storm sewer system with inlets as required to adequately drain the adjoining mobile home stands. Intersection offsets shall be avoided. Flexible pavements shall be protected at the edges to prevent raveling of the wearing surface and shifting of the base. Streets shall be constructed in accordance with the city specifications, as provided in the City of Santa Fe Code of Ordinances, Chapter 8, Section 9.B. Streets within the mobile home park shall not be considered as dedicated to the public use and acceptance of the mobile home park application for issuance of a license hereunder shall not be taken as acceptance of such streets for dedication to the public use. Drainage shall be within the street right-of-way.
(9)
Parking Area Planning
Parking areas for automobiles and mobile homes shall have proper alignment and gradient for proper drainage to the completed street section. Flexible pavement shall be protected at the edge to prevent raveling of the wearing surface and shifting of the base. Parking area outside the street right-of-way shall be twenty feet (20') deep.
(10)
Walkway Planning
Individual walks shall be provided to each mobile home from the paved street or parking area, a minimum width of two feet (2'). Walkways shall not be used as drainage ways, but shall be designed to drain to the roadway area or parking area.
(11)
Utility Planning
Utility services for each mobile home shall be designed in conformance to the applicable City of Santa Fe building requirements with dual water service to two (2) outlets, one (1) for the patio, and the other for the private area, sewer service under the rear quarter of the mobile home, gas service under the rear quarter of the mobile home, electrical and telephone service along the side of the mobile home. All stand services shall be underground.
(12)
Water Distribution System
The water distribution system shall be designed to provide normal Galveston County Water Control and Improvement District No. 8, (WCID #8) water service to each stand, and shall be constructed in accordance with the WCID #8 specifications and requirements relating to water distribution system in newly constructed subdivisions or meet standard health requirements for outside of WCID #8.
Fire hydrants shall be placed on at least six-inch lines and all mobile home stands must be within five hundred feet (500') of the nearest fire hydrant. A bypass with shut-off valves in case of fire to protect meters shall be provided for.
(13)
Sewage Collection System
The sewage collection system shall be designed to provide normal WCID #8 sewer service to each stand, and shall be constructed in accordance with the WCID #8 specifications and requirements relating to sewer distribution system in newly constructed subdivisions or meet standard health department requirements for outside of WCID #8.
(14)
Gas Distribution System
The gas distribution system shall be designed to give normal gas service to each stand. A City of Santa Fe franchised gas company meter loop connection shall be installed for each stand when a private distribution system is not installed. A private distribution system shall include necessary valves, pressure regulators, etc. to meet the minimum requirements of a City franchise gas company installed system.
(Ordinance No. 09-2004 of May 13, 2004)
(15)
Electrical Distribution System
The electrical distribution system shall be designed to furnish a minimum of one hundred-amp service to each stand. All services shall be underground from meter loop to stand service with a minimum of No. 2 wire size. The developer shall provide the City franchise electric service company with adequate easements.
(Ordinance No. 09-2004 of May 13, 2004)
(16)
Perimeter Barrier
Each boundary of the park must be separated from adjoining property by a natural or artificial barrier at least six feet (6') high.
(17)
Lighting
Street lighting within the mobile home park shall be provided along all internal streets. Light standards shall have a height and spacing to insure an illumination level of not less than 0.2 foot-candles. All other areas of the park shall be illuminated to a level of not less than 0.1 foot-candles. The lighting system proposed for compliance with the requirements of this section shall be described in the application for a mobile home park permit. Any one (1) of the following four (4) methods will be considered acceptable: (Spacings shown are for areas to be illuminated with a minimum level of 0.2 foot-candle; other areas may have light standard spacings up to 1.5 times the spacing included in the description):
(a)
Illumination Engineering Society (IES) standard dome or shallow dome reflectors, porcelain enameled, with three hundred-watt incandescent lamps, located not more than fifteen feet (15') above the ground and spaced not more than eighty feet (80') apart horizontally.
(b)
IES type V fixtures located not more than twenty-five feet (25') above the ground and containing one (1) 250-watt mercury vapor lamp. The maximum horizontal spacing shall be one hundred sixty feet (160').
(c)
IES type V fixtures located not more than twenty-five feet (25') above the ground and containing one (1) three hundred-watt incandescent lamp. The maximum horizontal spacing shall be eighty feet (80').
(d)
Any other system, prequalified with the City Building Inspector or documented with fixture manufacturer's catalog sheets or with a certificate of compliance signed by either a responsible officer of the fixture manufacturing company or by a registered professional engineer qualified in electrical engineering. Approval of the proposed system shall be conditional pending approval after construction by the City Building Inspector.
(18)
Lot Marking
The limits of each mobile home stand shall be clearly marked on the ground by permanent flush stakes and should be the same location as on the accepted plans.
(19)
Tenant Storage
Unless provided in current mobile home models, storage facilities with a minimum capacity of two hundred (200) cubic feet per mobile home space, may be provided on the space, or in compounds located within one hundred feet (100') of each space. Where provided, storage facilities shall be designed in a manner that will enhance the appearance of the park and shall be faced with masonry, porcelainized steel, baked enamel steel, or material equal in fire resistance, durability, and appearance. Storage outside the perimeter walls of the mobile home shall be permitted only if in such facilities.
(20)
Walks
A three-foot walk on one (1) side of the street paving is required. A walkway shall be provided, as required in subsection (10) hereof, to each patio from the street or parking paving. Common walks shall be provided to playgrounds, offices, etc., and shall have a minimum width of three feet (3'). Walks shall be constructed to alignment and grade to drain to the street paving.
(21)
Recreation Area
All mobile home parks are encouraged to have at least one (1) recreational area.
(a)
Extent. Recreation areas and facilities, such as playgrounds, swimming pools, and community buildings which in the judgment of the park licensee, or agent, will meet the anticipated needs of the clientele, which the park is designed to serve. Provision of separate adult and tot lot recreation areas is encouraged.
(b)
Playground Location. Playground space shall be so designated and shall be protected from traffic, thoroughfares, and parking areas. Such space shall be maintained in a sanitary condition and free of safety hazards.
(22)
Office
A mobile home park shall have a designated office on the site or sign on the property providing information as to office location.
(23)
Central Mail Delivery
Provisions shall be made for central mail delivery that meets the minimum requirements of the local Postmaster.
(24)
Refuse Collection
Provision shall be made for sanitation service either central or individual.
(25)
Edge Protection
Edge protection to prevent raveling of flexible pavement shall be rigid and permanent and shall be as approved by the Planning Commission.
(Ordinance No. 09-2004 of May 13, 2004; Ordinance No. 18-2007 of July 12, 2007, Sec. 3)
E.
ADDITIONAL CONSTRUCTION AND EXTENSIONS TO MOBILE HOMES
It shall be unlawful for any person in a mobile home park to construct or permit to be constructed in such park, or in connection with such mobile home any additional structure, building, or shelter in connection with or attached to a mobile home, except, however, awnings of canvas or metal, suitably constructed, may be attached to said mobile homes, which meet the following requirements:
(1)
Strength of materials and structure to meet minimum standards of the City of Santa Fe Building Code;
(2)
Capable of being dismantled or moved;
(3)
Such additions shall be completely dismantled or removed from the site at the time the mobile home, to which it is accessory, is moved;
(4)
Finish and appearance to be as near the same as possible to the mobile home to which it is accessory;
(5)
The length and width must not exceed the length and width of the mobile home to which it is accessory; and
(6)
Only one (1) addition per mobile home shall be permitted.
(Ordinance No. 09-2004 of May 13, 2004)
F.
TIE DOWNS
(1)
All mobile homes, must have tie downs sufficient to comply with the mobile home tie down standards issued by the Texas Department of Labor and Standards, regardless of when mobile home was manufactured.
(2)
Mobile homes without internal construction conforming to the strength requirements described in the standards shall have over-the-top tie downs as strong as the total of internal and over-the-top ties described in the standards of the Texas Department of Labor and Standards.
(Ordinance No. 09-2004 of May 13, 2004)
G.
RULES AND REGULATIONS FOR MOBILE HOME PARK TO BE ADOPTED BY OWNER
(1)
It shall be the duty of the owner, his agent, representative, or manager to prescribe rules and regulations for the management of the park; to make adequate provisions for the enforcement of such rules; and to subscribe to any and all subsequent rules and regulations which may be adopted for the management of such park. Copies of all such rules and regulations shall be furnished to the City Secretary on request. In addition thereto, it shall be the duty of the owner, his agent, representative, or manager to comply strictly with the following:
(a)
All sewer traps not in use shall be capped.
(b)
Provide for regular inspection of all public and private utilities.
(c)
Provide location for the collection and removal of garbage and other waste material.
(d)
Prohibit the placing or storage of unsightly material or vehicles of any kind.
(e)
Provide and maintain safe and sanitary public and private utility connections to each mobile home lot.
(f)
Maintain a neat, clean, and safe park.
(g)
City of Santa Fe furnished form describing the mobile home and its ownership and location shall then be completed, signed by the park owner, or his agent, representative, or manager, signed by the mobile home owner, and delivered to the Building Inspector, all within thirty (30) days from date of tenancy.
(h)
Furnish continuing guidance and information to the owners and occupants of the mobile homes in the park, concerning all provisions of the City Ordinances that are applicable to a mobile home.
(2)
It shall be the duty of each licensee to keep a register containing a record of all mobile home owners. The register shall contain the following information:
(a)
The name and address of the owner of each mobile home.
(b)
The make, model, year, and size of each mobile home.
(c)
The date of arrival and of departure of each mobile home.
(d)
The park shall keep the register available for inspection at all times by law enforcement officers, the Building Inspector, and other officials whose duties necessitate acquisitions of the information contained in the register. The register record shall not be destroyed for a period of three (3) years following the date of departure of the registrant from the park.
(3)
Provide for the regular cleaning, painting, repairing, and disinfecting of all buildings.
(4)
Take such other measures as may be deemed to be necessary by the health department to preserve the health, comfort, and safety of all persons residing in the park, and the general public.
(5)
Take proper measures to prevent and suppress lewd or disorderly conduct within the park and report immediately to the police department all lewd acts or acts or disorderly character committed by any person or persons inside the mobile home park.
(6)
Take proper measures to see that each mobile home be skirted on all four (4) sides.
(Ordinance No. 09-2004 of May 13, 2004)
H.
USE OF BOTTLED GAS
Bottled gas shall not be used in an individual mobile home unless the containers are properly connected by copper or other suitable metallic tubing. Bottled gas cylinders shall be securely fastened in place. No cylinder containing bottled gas shall be located within a mobile home or outside within five feet (5') of a door thereof. State and local regulations applicable to the handling of bottled gas and fuel oil must be followed.
(Ordinance No. 09-2004 of May 13, 2004)
I.
LICENSES
(1)
License Required
It shall be unlawful for any person to operate any mobile home park within the city limits, unless he holds a valid license issued annually by the City Secretary in the name of such person for the specific park in the amount in an amount as specified by Council resolution per space per year. All applications for licenses shall be made in writing on forms furnished by the City Secretary, who shall issue a license upon compliance by the applicant with provisions of this section. The City Secretary shall not issue a license unless the applicant is a valid holder of a mobile home park permit issued by the City Building Inspector indicating compliance by such applicant with the provisions hereof.
(2)
Hearing Granted Applicants
Any person whose application for a license under this section has been denied may request, and shall be granted, a hearing on the matter before the city Planning Commission under the procedure provided herein.
(3)
Application for License Renewal
Application for renewal of a license shall be made in writing by the licensee on forms furnished by the City Secretary on or before December 31 of each year. Such application shall contain any change in the information occurring after the original license was issued or the latest renewal granted. All licenses shall expire on December 31 of the year of issuance.
Before the renewal license is issued, the City Secretary shall obtain the approval of the fire marshal on the fire-fighting appliance, water supply, accessways, or other applicable conditions as meeting fire safety requirements.
(4)
Transfer of License
Every person holding a license shall give notice in writing to the City Secretary within ten (10) days after having sold, transferred, given away, or otherwise disposed of interest in or control of any mobile home park. Application for transfer of license shall be made within thirty (30) calendar days after notification of change covered in the first sentence of this paragraph. Within ten (10) calendar days thereafter, the City Council shall act on the application for license transfer. The transfer shall be approved if the park is in compliance with the provisions of this section.
(5)
Transfer of License Fee
All applications for license transfer shall be accompanied by a fee as specified by Council resolution.
(6)
Violations; Notice; Suspension of License
Whenever, upon inspection of any mobile home park, the City Building Inspector, after consultation with the fire marshal and health officer, if deemed necessary by the inspector, finds that conditions or practices exist which are in violation of any provision of this section applicable to such park, shall give notice in writing in accordance with Subsection K., to the licensee, or his agent, that unless such conditions or practices are corrected within a reasonable period of time specified in such notice, the license shall be suspended. At the end of such period of time, the City Building Inspector shall reinspect such park, requesting assistance from other city departments as may be required. Upon this reinspection, if such conditions or practices have not been corrected, he shall suspend the license and give notice in writing of such suspension to the licensee, or his agent. Upon receipt of notice of such suspension, licensee shall cease operation of such park, except as provided in Subsection K. hereof.
(Ordinance No. 09-2004 of May 13, 2004)
J.
INSPECTION
(1)
Inspections Required
The City of Santa Fe Building Inspector, the designated health officer, fire marshal, law enforcement officer, and tax assessor-collector are hereby authorized and directed to make such inspections as are necessary to determine compliance with this section.
(2)
Entry On Premises
The City Building Inspector, the designated health officer, fire marshal, law enforcement officer, and tax assessor-collector shall have the authority to enter at reasonable times upon any private or public property within the City for the purpose of inspecting and investigating conditions relating to the enforcement of this section.
(3)
Inspection of Register
The City Building Inspector, designated health officer, fire marshal, law enforcement officer, and tax assessor-collector shall have the authority in discharging their official duties to inspect the register containing a record of all residents of the mobile home park.
(4)
Duty of Occupants
It shall be the duty of every occupant of a mobile home park to give the licensee, his agent, or authorized employee access to any part of such park at reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with this section.
(5)
Time for Inspection
Inspections shall be made whenever any of the above named officials has reason to believe that one (1) or more provisions of this section are not being complied with, usually 9:00 a.m. to 5:00 p.m. Monday thru Friday and in compliance with state law.
(6)
Recall Inspection Fee after the Issuance of the Initial Permit
After the issuance of the initial permit for a mobile home park, the Building Inspector's office shall charge the owner of any mobile home park a fee, as specified by Council resolution, for each inspection required to assure correction of previously noted deficiencies in compliance with the requirements of this section. The Building Inspector shall have the authority to waive such fee when, in his opinion, the recall inspection was required by circumstances beyond the control of the person responsible for correcting the deficiency. The reason for the recall inspection must have been reported in writing to the owner for this fee to be applicable.
(Ordinance No. 09-2004 of May 13, 2004)
K.
NOTICES, HEARINGS AND ORDERS
(1)
Notice of Violations; Requirements of Notice
Whenever it is determined that there are grounds to believe that there has been a violation of any provision of this section, the City Building Inspector shall give notice of such alleged violation to the licensee or agent, 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 the act it requires;
(d)
Be served upon the license or his agent; provided that such notice or order shall be deemed to have been properly served upon such licensee or agent when a copy thereof has been sent by mail to his last known business address, or when he has been served with such notice by any method authorized or required by the laws of the state; and
(e)
Contain an outline of remedial action which, if taken will effect compliance with the provisions of this section.
(2)
Appeal from Denial of Permit of the City of Santa Fe Building Inspector
Any person affected by the refusal of the City Building Inspector to issue a permit under the provisions of this section, may request and shall be granted a hearing on the matter before the Planning Commission provided that such person shall file within ten (10) days after the day the permit was refused, in the office of the Building Inspector, a written petition requesting such hearing and setting forth a brief petition requesting such hearing and setting forth a brief statement of the grounds therefore. Upon receipt of such petition, the Building Inspector shall forward it to the City Secretary, who shall request the Planning Commission to 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 show why such refusal should be modified or withdrawn.
(3)
Appeal from Notice Issued by the City Secretary
Any person affected by any notice which has been issued in connection with the enforcement of any provision of this section applicable to such park, by the Building Inspector may request and shall be granted a hearing on the matter before the City Council; provided that such person shall file within ten (10) days after the day of notice was served, in the office of Building Inspector, a written petition requesting such hearing and setting forth a brief statement of the grounds therefor. 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 subsection (5) hereof. Upon receipt of such petition, the Building Inspector shall forward such petition to the City Secretary, who shall request the City Council to set a time and place of 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 show why such notice should be modified or withdrawn.
(4)
Hearing; Order
After such hearing, the Building Inspector shall issue an order in writing sustaining, modifying, or withdrawing the refusal, which order shall be served as provided in subsection K(1)(d) hereof. Upon failure to comply with an order by the Building Inspector sustaining or modifying a decision thereof, the occupancy permit and the license of the park affected by the order shall be revoked.
(5)
Order Without Notice
Whenever the Building Inspector finds that an emergency exists which requires immediate action to protect the public health or safety, he may without notice or hearing issue an order reciting the existence of such an emergency and requiring that action be taken as he may deem necessary to meet the emergency. Notwithstanding any other provisions of this section, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but upon written petition to the Building Inspector shall be afforded a hearing as soon as possible. The provisions of subsection K(4) above shall be applicable to such hearing and the order issued thereafter.
(Ordinance No. 09-2004 of May 13, 2004)
L.
FEES
All fees reference herein shall be paid to the City.
(Ordinance No. 09-2004 of May 13, 2004)
M.
EXEMPTION
Subsections B(3), C., and D., of this section, shall have application only to mobile home parks constructed and established from and after the effective date of this section, and shall not apply to existing mobile home parks, except as to additions and extensions thereof, and then only to such additions and extensions.
(Ordinance No. 09-2004 of May 13, 2004)
N.
CONFLICTS
Where the provisions of other Sections of these Building Regulations shall conflict with this section, the Development Officer shall resolve the conflict.
(Ordinance No. 09-2004 of May 13, 2004)
O.
FEES
Fees shall be as determined by resolution of the Santa Fe City Council.
(Ordinance No. 09-2004 of May 13, 2004)
P.
PENALTIES
Any person, firm, or corporation who fails to comply with, or violates, any part of this section shall be subject to the penalties pursuant to Section 1 GENERAL (G) PENALTY, herein.
(Ordinance No. 09-2004 of May 13, 2004)