(A) Notice to comply.
(1) The village shall serve or cause to be served upon the licensee of a mobile home park, a written notice to comply which shall specify the way or ways in which a licensee has failed to comply with this chapter and/or any other lawfully imposed village ordinances, resolutions, rules, regulations or requirements applicable to mobile home parks.
(2) The village shall serve the notice to comply by receipted personal delivery or certified mail on the mobile home park licensee.
(3) That notice shall be considered served when personally delivered to such licensee or when deposited in a receptacle authorized by the U.S. Postal Service for the mailing of letters, in an envelope properly addressed to that licensee at the address on file with the village, postage pre-paid in the amount required for certified mailing.
(4) That notice shall require the licensee to remove or abate the nuisance, unsanitary or objectionable condition, or to otherwise bring the mobile home park into compliance with the provisions of this chapter and all other lawfully imposed village ordinances, resolutions, rules, regulations or requirements applicable to mobile home parks, within five days or within a longer period of time as may be allowed by the village.
(5) If that licensee fails to comply with the terms and conditions of the notice, within the time specified or the extended period of time, the village may revoke or suspend the license in accordance with the provisions of this chapter.
(B) Revocation or suspension.
(1) The village may suspend or revoke a permit or license issued pursuant to this chapter in the event that:
(a) There has been any false statement or misrepresentation in the application or plans on which a permit or license was based;
(b) A licensee fails to comply with this chapter and/or any other lawfully imposed village ordinance, resolution, rule, regulation or requirement applicable to mobile home parks; or
(c) A licensee fails to timely comply with any of the terms or conditions contained in a village notice to comply.
(2) A licensee of a license issued pursuant to this chapter shall be entitled to a hearing before the Village Mayor or his or her designee to contest the village's suspension or revocation of that license. A permittee of a permit issued pursuant to this chapter shall have the same rights and obligations which are set forth in this section regarding objections to and hearings on suspensions and revocations for licensees of licenses issued pursuant to this chapter. The following shall apply to any village revocation or suspension of a license or permit issued pursuant to this chapter:
(a) At least ten days before any such suspension or revocation takes effect, the village shall serve written notice of suspension or revocation by receipted personal delivery or certified mail on the mobile home park licensee or permittee. That notice of suspension or revocation shall be considered served when personally delivered to such licensee or permittee or when deposited in a receptacle authorized by the U.S. Postal Service for the mailing of letters, in an envelope properly addressed to that licensee or permittee at the address on file with the village, postage pre-paid for certified mailing. That notice of suspension or revocation shall advise that licensee or permittee of the village's intent to suspend or revoke the license or permit, the reasons for the suspension or revocation set forth in sufficient detail as to allow the licensee or permittee to defend against such action, and statements advising the licensee or permittee of its right to a hearing to contest that suspension or revocation and the need to serve a written request for such hearing on the village within ten days of the date of service of the notice of suspension or revocation;
(b) The licensee's license or the permittee's permit shall be suspended or revoked if that licensee or permittee fails to serve a written request for such hearing on the village within ten days of the date of service of the notice of suspension or revocation. The village shall set the date, location and time for a hearing if the licensee or permittee serves a serve a written request for the hearing on the village within ten days of the date of service of the notice of suspension or revocation. The village shall serve notice of the date, location and time of the hearing on the licensee or permittee in the same manner as required by this chapter for the service of notice of suspension or revocation. The date for that hearing shall be not less than five days after the village's receipt of the licensee's request for that hearing;
(c) The hearing shall be conducted by the Village Mayor or other person designated in writing by the Village Mayor as a Hearing Officer. Any Hearing Officer so appointed shall conduct the hearing, shall rule on objections raised during the hearing and shall otherwise be authorized to take such actions which are necessary for the fair and impartial conduct of the hearing; provided that the Hearing Officer shall not be authorized to make findings of fact or to render a decision based upon matters presented at the hearing; and further provided that the Hearing Officer may submit, to the Village Mayor, recommended findings of fact based upon matters presented at the hearing and a recommended decision based upon those findings, if the Hearing Officer is requested to do so by the Mayor;
(d) At the hearing, the village shall have the burden of proving facts to support the suspension or revocation at issue in the notice of suspension or revocation. The Mayor or Hearing Officer shall permit the licensee or permittee to appear in person and to be represented by counsel at the hearing at which time the licensee or permittee shall be afforded an opportunity to present all relevant matter in support of its position or in resisting the revocation or suspension its license or permit. The hearing shall be conducted in a fair and impartial manner;
(e) The Mayor shall make findings of fact based upon the matters presented at such hearing, and the Mayor shall render his or her decision based upon those findings, within 30 days after the termination of the hearing, unless additional time is required by him or her for a proper disposition of the matter. When the hearing has been conducted by a Hearing Officer, the Mayor shall review the record of the hearing before making findings of fact and rendering a decision. It shall be the duty of the Mayor to serve a copy of his or her findings of fact and decision on the mobile home park's licensee or permittee, within three days of rendering such decision, in the same manner as is required for by this chapter for the service of a notice of suspension or revocation and shall be considered served in the same manner as when a notice of suspension or revocation is considered served. The suspension or revocation shall take effect upon that service. The Mayor's decision shall be considered a final administrative decision; and
(f) Technical errors in the proceeding before the Mayor or Hearing Officer or their failure to observe the technical rules of evidence shall not constitute grounds for the reversal of any decision made as a result of a hearing convened pursuant to this chapter unless it appears to a court that such error or failure materially affected the rights of any party and resulted in substantial injustice to the party.
(C) Variances. The Village Mayor may grant a variance to the regulations in this chapter, after a public hearing, where the Village Mayor, or other person designated in writing by the Village Mayor as a hearing officer, makes findings of fact in accordance with the standards hereinafter prescribed.
(1) An application for a variance shall be filed in writing with the village. The application shall contain such information as the village may require. Within 45 days after the village's receipt of the application, the Village Mayor, or the designated hearing officer, shall hold a public hearing on the application for a variance. Notice of the time and place of such public hearing shall be published at least once in a newspaper with general circulation within the village. Said publication is to be made not more than 30 days nor less than 15 days before the date of the hearing.
(2) The Village Mayor, or the designated hearing officer, shall be authorized to take such actions which are necessary for the fair and impartial conduct of the hearing, provided the designated hearing officer shall not be authorized to make findings of fact or to render a decision based upon matters presented at the hearing: rather, the designated hearing officer shall be authorized to submit, to the Village Mayor, recommended findings of facts based upon matters presented at the hearing and a recommended decision based upon those findings.
(3) The applicant shall have the burden of proving facts to support the required standards for a variance required herein. The Village Mayor shall make findings of fact based upon the matters presented at such hearing, and the Mayor shall render his or her decision based upon those findings within 30 days after the conclusion of the hearing. The village shall serve a copy of the Mayor's findings of fact and decision on the applicant for variance within three days of rendering such decision, in the same manner as is required by this chapter for the Service of a Notice of Suspension or Revocation and shall be considered served in the manner as when a Notice of Suspension or Revocation is considered served. The Village Mayor's decision shall be considered a Final Administrative Decision.
(4) The designated hearing officer shall not recommend and the Village Mayor shall not grant a variance to the regulations of this chapter unless there are findings of facts based upon the evidence presented in the hearing for each specific case that:
(a) There are special circumstances or conditions affecting the applicable property such that the strict applications of the provisions of this chapter would deprive the applicant of the reasonable use of the property; and
(b) The variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; and
(c) The circumstances giving rise to the need for the variance are peculiar to the parcel and are not generally characteristic of other parcels in the jurisdiction of this chapter; and
(d) The proposed variance will not be detrimental to the health, safety and welfare of the public or injurious to adjacent property; and
(e) The alleged difficulty or hardship has not been created by any person presently having a proprietary interest in the property; and
(f) The proposed variance will not be in contradiction to other local, state or federal regulations; and
(g) The proposed variation is in harmony with the general purpose and intent of this chapter.
(Ord. 05-899, passed 11-22-2005; Ord. 11-1044, passed 8-11-2011)
(Ord. 05-899, passed 11-22-2005)