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Any person aggrieved by this subchapter shall first appeal in writing to the City Manager setting forth the nature of the concern. The City Manager or designee shall respond within ten days of filing a request. If the matter is not resolved at that level then the applicant may appeal that matter to the Council as a whole, at the next regular meeting, by filing an appeal within ten days notice of such action or proposed action. During the residency of the appeal all action by the applicant and the city shall be held in abeyance. Additional relief consideration beyond that afforded in the text of this subchapter may be provided to property owner applicants who had secured a then valid State of Kentucky stream application permit at the time of the manufactured home placement moratorium, imposed December 17, 1997 by the Falmouth City Council. Additional relief, if provided, will be through a mitigation process and according to the appeal process outlined in this section.
(Ord. 90.04, passed 2-25-98)
The City Manager or designate may accept alternate methods of compliance than those prescribed herein provided it can be demonstrated the alternate is at least equivalent to that prescribed in this subchapter in terms of implementing the general purposes of this subchapter. For example, in many instances the manufacturer’s set up installation instructions may substitute for prescriptions found in this subchapter. Some unconventional construction, not specifically covered by this subchapter, may require plans stamped by an architect or engineer licensed in the State of Kentucky. The City Manager or designate may afford a certain amount of latitude from the methods of compliance presented herein through a variance process. The amount of relief afforded by means of variance shall not exceed 10% of the prescribed measurement.
(Ord. 90.04, passed 2-25-98)
(A) A certificate of occupancy is an important control measure to ensure that all proper services and building compliance are in place at the time of occupancy to protect the homeowner’s health, safety, and welfare. Certification of occupancy permit will be required before a manufactured home may be occupied for living purpose.
OCCUPANCY will be defined as any pattern of continuous living arrangement exceeding a 24-hour period. The certificate of occupancy is issued predicated on satisfying a list of requirements that must be demonstrated at time of occupancy; these include:
(1) Smoke detectors installed in the kitchen and each bedroom, smoke detectors to operate on a house hold current. A fire extinguisher must be kept on the premise in operable condition.
(2) Operating and fully functioning electrical system. All electrical connections to have been connected and serviced by a licensed electrician.
(3) Fully functioning water system connected and serviced by a qualified plumber/contractor. Outside water service shall also be provided.
(4) Sewer systems properly connected to the sanitary sewer system.
(5) Heating and cooling systems connected and serviced by a qualified individual.
(6) Skirting installed in a manner outlined in this subchapter.
(7) Property set back requirements and alignments in compliance with this subchapter.
(8) Decks, steps, and handrails constructed and painted/stained according to prescriptions found within this subchapter.
(9) All necessary permits secured.
(10) The manufactured house; if lying within a flood zone must be in conformance with the accompanying flood zone elevation requirements.
(11) Any obvious defects noted in the manufactured housing need to be repaired such as broken windows, leaky roof, and the like.
(12) The manufactured housing has been placed on a foundation that properly disperses the load bearing weight not to exceed 40 inches from the level ground to the bottom of the main carriage except as may be modified according to provisions found in this subchapter. The manufactured housing is properly anchored in such a fashion to resist lateral movement.
(13) All building materials that may come in contact with the ground must be properly treated. A four mill polyethylene vapor barrier required on the ground under the manufactured home.
(14) Pre-existing debris, pipes, concrete, asphalt properly removed and disposed.
(15) Manufactured home meets minimum width, length and height restriction requirements.
(16) Manufactured home set up in conformance with manufacturer’s installation instructions.
(17) Manufactured home complies with the land use activity the proposed occupancy is classified.
(18) Street numbers of sufficient size and placement affixed to dwelling unit.
(19) The main breaker or fuse box and the utility meters elevated above the anticipated flood level.
(B) In the event that some of these conditions have not been met at time of occupancy; a homeowner may secure a bond to in lieu of compliance for a limited time frame not to exceed 120 days beyond the manufactured home placement. Many of these obligations such as sewer/electric connections do not afford to a time extension rather they must be met at time of occupancy.
(Ord. 90.04, passed 2-25-98)
The city may in writing suspend or revoke a certificate of occupancy under the provisions of this subchapter whenever the certificate is issued in error, or on the basis of incorrect information supplied, or when it is determined that the structure or portion thereof is in violation of any regulations or provisions of this subchapter.
(Ord. 90.04, passed 2-25-98)
All references herein to “City Manager” shall refer to the presently serving statutory “City Administrative Officer” if the city does not have a City Manager; and to the “Mayor” should the city have neither a City Manager nor a City Administrative Officer.
(Ord. 90.04, passed 2-25-98)
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