(A) Regulation. Manufactured homes, mobile homes and travel trailers shall be regulated within the city in accordance with the rules and regulations set forth herein.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
EXCELLENT CONDITION. A condition similar to new, requiring no repairs or repainting, and showing minor signs of wear.
GOOD CONDITION. A condition of sound structure, showing some signs of age, as reasonable wear, scratches and dents, requiring few, if any, repairs and does not affect the structural integrity or exterior appearance.
IMMEDIATE FAMILY MEMBER. Includes father, mother, grandparents, great grandparents, father-in-law, mother-in-law, siblings, siblings-in-law, children and grandchildren.
MANUFACTURED HOME. A detached single-family dwelling unit not less than 1,050 square feet of living area or any combination thereof, designed for long term occupancy, and to be transported on its own wheels or on a flatbed or detachable wheels; containing a flush toilet, sleeping accommodations, a tub or shower bath, kitchen facilities and attachment to appropriate external systems ready for occupancy except for utility connection and other minor work. Presectionalized, modular or prefabricated houses not placed on a permanent foundation shall be regarded as MANUFACTURED HOMES; if placed upon a permanent foundation, such structures which meet all applicable building and housing codes shall not be considered as manufactured homes, but shall be regulated as conventional housing; and manufactured homes which are so placed on permanent foundations and meet all applicable building and housing codes shall be regulated as conventional housing. The term MANUFACTURED HOME does not include travel trailers, camper units, recreational vehicles, motor homes or man camps.
MOBILE HOME. A transportable factory built housing unit constructed prior to June 15, 1976, in accordance with a state mobile home code which existed prior to the Federal Manufactured Housing and Safety Standards Act (HUD Code).
NEW. A manufactured home direct from the factory and not having been inhabited by any person.
POOR CONDITION. A condition marked by structural damage, either interior or exterior, or both, faded paint, leaks, broken doors and/or windows, obvious dents and scratches, and in a general state of dereliction and neglect as to constitute a safety risk, obvious eyesore or public nuisance.
TEMPORARY. No intent of permanency and removal will take place in the near future, not to exceed five years.
TRAVEL TRAILER. A portable vehicle without motive power, designed as a temporary dwelling for travel, recreation or vacation use, that does not require a special highway movement permit when drawn by a self-propelled motor vehicle and has a body width of less than eight feet and a body length of less than 40 feet.
(C) Classification of manufactured homes. A manufactured home or mobile home shall be limited to use as a single-family dwelling unit and be classified into the following five classes:
(1) Class A. A new manufactured home certified as meeting the National Mobile Home Construction and Safety Standards Act of 1974 (effective June 15, 1976), of the Department of Housing and Urban Development;
(2) Class B. An unaltered, undamaged, used manufactured home certified as meeting the federal standards specified in division (C)(1) above, and continuing to be in excellent condition and safe and fit for residential occupancy;
(3) Class C. An unaltered, undamaged, used mobile home, certified as meeting prior state or federal codes and the NCSBCS/ANSI standard A225.1-1994, annex D, in good to excellent condition and safe and fit for residential occupancy;
(4) Class D. A manufactured home or mobile home, new or used, which has been damaged as a result of neglect, fire, weather or road transporting, or altered or modified as a result of the above or at the choice of owners, which is in poor condition, and units which contain aluminum branch circuit and units which were not manufactured to meet previous minimum codes and as a result thereof are now determined to be unsafe, unsanitary or hazardous for occupancy; and
(5) Class E. A manufactured home or mobile home categorized as a class D home which may be brought up to good to excellent condition and into compliance with the code applicable at the time of manufacture, and either the NCSBCS/ANSI standard A225.1-1994, annex D, or the Federal Home Construction and Safety Standards Act of 1974 (HUD Code).
(D) Placement.
(1) Travel trailers. It is unlawful to place any travel trailer or man camp on any lot or parcel of land in the city and to use the same for permanent human habitation, except when located in a travel trailer court.
(2) Manufactured homes, mobile homes. It is unlawful to place a manufactured home or mobile home on any lot or parcel of land within the incorporated portion of the city, except in compliance with the following:
(a) All manufactured homes shall be in compliance with the Federal Home Construction and Safety Standards Act of 1974 (HUD Code, as defined herein), and all mobile homes shall be in compliance with NCSBCS/ANSI standard A225.1-1994, annex D;
(b) When placed in a licensed mobile home park;
(c) When temporarily placed on the sales lot of a licensed manufactured home or mobile home dealer for purposes of sale or repair; and
(d) When placed on a lot that complies with all of the regulations of the zone in which the manufactured or mobile home is located, provided:
1. A residential dwelling is a permitted use in the zone and the manufactured or mobile home is connected to an approved water supply and domestic wastewater disposal system;
2. The owner of the manufactured or mobile home and/or the lot owner applies for the appropriate building permit from the County Building Official prior to bringing the manufactured or mobile home into the city or the relocation of the home within the city;
3. The manufactured or mobile home is set on the lot in conformance with applicable building and zoning codes and is attached to a permanent foundation (constructed entirely of concrete, concrete products or an approved equivalent) installed around the exterior of the mobile home which, when completed, attaches the home to the ground in accordance with the plans providing for vertical loads, uplift, lateral forces and frost protection, and are in compliance with the applicable Building Code;
4. The running gear and hitch shall be removed from those manufactured or mobile homes, which are entered on the tax rolls of the county as real property;
5. With the exception of ownership of the manufactured or mobile home being in one name and ownership of the property owner being in the name of another, the manufactured or mobile home shall be entered on the tax rolls of the county as real property;
6. The manufactured home or mobile home shall be of a classification of A, B, C or E; provided, that a home with an E classification complies with the criteria set forth in division (D)(2)(d)7. below. Installation of class D homes is prohibited within the city; and
7. Class E homes may be allowed if the owner complies with the following procedure:
a. Apply for a conditional building permit from the County Building Inspector;
b. Obtain from the County Building Inspector a list of necessary repairs required to bring the home into good to excellent condition and to meet all applicable codes;
c. Obtain approval from the County Building Inspector for a plan for completing the repairs;
d. Within 15 working days of receiving approval of the plan for completion, sign a written agreement to abate in the event the owner fails to timely comply with the plan;
e. Pay all building permit and inspection fees;
f. Upon compliance with all the above, the Building Inspector shall issue a conditional building permit;
g. Complete the repairs within six months of the issuance of the building permit. An additional extension may be granted upon the showing of due diligence; and
h. Upon completion of all required repairs, the Building Inspector shall release the bond, and consider the building permit to be permanent.
(3) Certificate of occupancy. No manufactured home or mobile home shall be occupied until it complies with this code and the County Building Inspector issues a certificate of occupancy.
(4) Conditional use. The County Building Inspector may issue a conditional use building permit for installation of manufactured homes or mobile homes, waiving the requirements of divisions (D)(2)(d)3., (D)(2)(d)4. and (D)(2)(d)5. above, upon the showing that the placement of the manufactured home or mobile home is intended to be temporary and is necessary for housing in the care of an immediate family member.
(5) Use as dwelling unit. It is unlawful to use manufactured or mobile homes for storage sheds, workshops, animal shed/barn, or uses other than dwelling units for human habitation.
(E) Permanent trailers. If a trailer or recreational unit is placed on a lot for one year or more, and/or if the wheels are removed, or if the unit is skirted and appears to be permanent, then the unit shall be considered to be permanent and not “mobile” in any sense, and shall be taxed as a permanent fixture upon the land, and shall comply with all appropriate codes.
(F) Abatement. In the event the owner fails to timely comply with the plan approved pursuant to divisions (D)(2)(d)7.c. and (D)(2)(d)7.d. above, the city shall proceed to abate the noncompliance and assess the cost of the abatement against the owner.
(G) Procedure for abatement. Upon determination that the owner is in noncompliance as set out in division (F) above, the County Building Inspector shall notify the owner of such noncompliance and request the owner to abate the noncompliance by correcting the deficiencies within 30 days. Should the owner fail to correct the deficiencies as directed, the owner shall be instructed to take the noncomplying manufactured home or mobile home to the county landfill, or to otherwise remove it from the city within 30 days. If the owner fails to comply with the notice, the County Building Official is authorized to employ necessary assistance to remove the noncomplying mobile home or manufactured home to the landfill, prepare an itemized statement of all expenses incurred in the removal, including the expenses of the county, and mail a copy thereof to the owner demanding payment within 20 days of the date of the mailing. Such notice shall be deemed delivered when mailed by registered mail and addressed to the last known address of the property owner.
(H) Alternate methods of compelling payment. In the event the owner fails to make payment of the amount set forth in said statement to the County Treasurer within 20 days of the date of mailing, the Building Official may either cause suit to be brought in an appropriate court of law or refer the matter to the County Treasurer as provided in this chapter to be collected through taxes.
(I) Collection by lawsuit. Collection of abatement expenses may be pursued through the court with the city filing suit against the owner seeking the cost of abatement, including attorney fees, interest and costs, and may execute on any judgment it may obtain in the manner provided by law.
(J) Collection through taxes. Upon receipt of three copies of the itemized statement of abatement expenses, the County Treasurer shall forthwith mail one copy to the owner of the land, together with a notice that objection in writing to the Board of County Commissioners may be made within 30 days to the whole or any part of the statement so filed. The County Treasurer shall, at the same time, deliver a copy of the statement to the Clerk of the Board of County Commissioners. If objections to any statement are filed with the Commissioners, they shall set a date for hearing, giving notice thereof, and upon the hearing of the matter, fix and determine the actual costs of removal, and report their findings to the County Treasurer. If no objections to the items of the account are made within 30 days of the date of mailing, the County Treasurer shall enter the amount of such statement on the assessment rolls of the county in the column prepared for that purpose. The County Treasurer shall, within ten days of the date of the action of the Board of County Commissioners upon any objections filed, enter in the prepared column, upon the tax rolls, the amount found by the Board to be the cost of removal. If current tax notices have been mailed, the taxes so incurred may be carried over to the following year. After the entry by the County Treasurer of the costs of removal, the amount so entered shall have the force and effect of a valid judgment of the District Court, and shall be a lien upon all real property of the owner, and shall be collected by the County Treasurer at the time of and in the manner provided for the payment of general taxes. Upon payment, a receipt shall be acknowledged upon the general tax receipt issued by the County Treasurer.
(Prior Code, § 9-2-5) (Ord. passed 8-10-2006; Ord. 020912-01, passed 2-9-2012; Ord. 040314-01, passed 4-3-2014, eff. 4-3-2014) Penalty, see § 151.99