Ordinance 113-16 Pertaining to Mobile Homes, Manufactured Homes, and Manufactured Home Parks

TOWN OF ANDERSON
ORDINANCE NO. 113-16
ORDINANCE PERTAINING TO MOBILE HOME, MANUFACTURED HOME AND MOBILE HOME PARKS

WHEREAS: The Board of Aldermen, Town of Anderson, Texas find that the installation of Mobile Homes shall be prohibited inside of the Town limits.

WHEREAS: The Town of Anderson, Texas has the authority to pass, approve and adopt this Ordinance in accordance with the Transportation Code Chapter 683 and Local Government Code Chapter 54.044.

Section A
Short Title
This Ordinance shall be cited as “Ordinance Pertaining to Mobile Home, Manufactured Homes, and Manufactured Home Parks”.

Section B
Definitions

Mobile Home (built before June 15, 1976): Mobile Home shall be defined as a building which has a primary use as a residence and is based on one or more axles regardless of skirting or any other covering that may be used to prevent exposure of said axles to the elements of nature or for beautification. It shall also be defined as a structure which is built on a permanent chassis and designed to be used as a dwelling without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems.

Manufactured Home: Manufactured Home shall be defined as a HUD-code manufactured home. A structure constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. This term does not include a recreational vehicle as that term is defined by 24 C.F.R. section 3282.8(g).
The Town of Anderson will require that any manufactured home introduced into the town not exceed five years in age (date of manufacture) at the date that the required permit is requested.

Permanent Foundation: Permanent Foundation shall be defined as a foundation based upon
/concrete slab, a pier and beam or as state law requires.

Town of Anderson: Town of Anderson shall be defined as the incorporated area in the Town of Anderson, Texas and shall include any future annexed areas.

SECTION C
Ordinance

After the date of adoption of this Ordinance, the installation of Mobile homes for use or occupancy as a residential dwelling in the town is prohibited. All Manufactured homes moved into the Town of Anderson must be no older than 5 years from the date of the permit.

This provision is prospective and shall not apply to any Manufactured homes used and occupied as residential dwellings in the town on the effective date of this article. Manufactured homes used and occupied as residential dwellings on the effective date of this article shall be deemed to be a lawful nonconforming use, and such use may continue until discontinued, abandoned, or terminated as provided herein.

If the nonconforming mobile home use is abandoned or discontinued for a period of ninety (90) or more days, any future use of the structure and land or portion thereof shall conform with the provisions of this article. If a nonconforming mobile home is not occupied for a period of ninety (90) or more days, said use is deemed to be abandoned by operation of law. If a nonconforming mobile home is destroyed or damaged to an extent greater than fifty (50) percent of its fair market value by fire, explosion, act of God, or other cause, then any future use of the structure and land on which the mobile home was situated shall conform to the provisions of this article.

A mobile home that is nonconforming and has not been served with utilities (water, electric, etc.) for a period of ninety (90) days shall be deemed abandoned and a nuisance and may not be used for habitation and shall be removed from the Town of Anderson. Penalties will begin after proper notification.

Rental units that are nonconforming in a separate category and are deemed to be uninhabitable when vacancy occurs. It will be a requirement of the Town of Anderson all property owners to register their property as a rental if they do not use it was their primary residence and have it rented out to tenants.

A nonconforming mobile home use shall not be enlarged, extended or expanded into any other portion of the land on which the nonconforming mobile home is situated. Nothing in this section is intended to prohibit normal repairs and maintenance of a nonconforming mobile home.

If a nonconforming mobile home is removed from the parcel of land on which it is situated, any future use of the structure and land on which the mobile home was situated shall conform to the provisions of this article.

Section D
Notice to Remove
1. Upon determination of the designee of the Town of Anderson that new installation, abandonment, discontinued use, destruction via natural or acts of God as prescribed in Section C exists in the Town of Anderson, the Town or its designee shall give or cause to be given to the person maintaining of suspected installation, abandonment, discontinued use, destruction via natural or acts of God as prescribed in Section C a written notice requesting abatement in twenty (20) days. The notice shall state the nature of the ordinance violation and that it must be abated and removed within said twenty (20) day period. Such notice shall be mailed by certified or registered mail to:
a. The last known registered owner of the mobile home,
b. Each lienholder of record of the mobile home, and
c. The owner or occupant of: the property on which the mobile home is located.
d. If the post office address of the last known registered owner of the mobile home is unknown, notice may be placed on the mobile home itself, or if the owner is located, hand-delivered.

2. The notice must state that the mobile home installation must be abated and removed not later than the twentieth (20th) day after the date on which the notice was mailed. Any request for hearing must be made before the twenty (20)) day period expires.

3. If the notice returns undeliverable, action to abate the ordinance violation shall be continued to a date not earlier than the twenty-first (21th) day after the date of the return.

Section E
Hearing
1. If a hearing is requested by a person for whom notice is required pursuant to this Ordinance, the hearing shall be held not earlier than the twenty-first (21th) day after the date of service of the notice.

2. At the hearing the building is presumed to be a mobile home, unless demonstrated to the contrary by the owner.

3. A request for hearing shall by in writing and shall be addressed to the Town of Anderson, Board of Alderman, to P.O. Box 592, Anderson, Texas 77830

Section F
Order by Board of Aldermen
If the Board of Alderman holds a required hearing and finds that a mobile home has been installed in violation of this ordinance, the owner or occupant of the premises shall be ordered to remove the mobile home within twenty (20) days after the owner or occupant is given notice of the Order by the Board of Alderman to Abate Mobile Home Installation.

If the owner or occupant of the premises fails to attend the public hearing, the order shall cause to be delivered to the last known address of the owner or occupant of the premises. It shall be a violation of the Ordinance Prohibiting Installation of Mobile Homes for the owner or occupant to fail to comply within the 10 days.

The Order shall state the information required, if available, pursuant to Section E above.

Section G
Persons Authorized to Inspect and Abate and Remove
The Board of Alderman has designated the Board of Inspectors in Condemnation Ordinance No. 73A-09 for inspection of an ordinance violation. The Board of Inspectors are authorized to administer procedures stated herein; enter a private property to examine an ordinance violation, obtain information to identify the ordinance violation, and to remove or direct another authorized by the Board of Alderman to remove the mobile home. The Board of Alderman may designate any other appropriate person to inspect, abate, or direct the abatement of the mobile home on private property.

Section H
Where the Ordinance Does Not Apply
Installation of Manufactured Homes as defined by this Ordinance shall be lawful under the provisions of this ordinance.

Section I
Penalty and Remedy
The Town of Anderson shall have the power to administer and enforce the provisions of this Ordinance as may be required by governing law. The Board of Alderman shall have the authority to issue orders as necessary to enforce and implement provisions of this Ordinance within the Town of Anderson.

The Town of Anderson has the right to impose a civil penalty of up to one thousand dollars ($1,000.00) per day when it is shown that the defendant was actually notified of the provisions of this Ordinance or after received notice failed to take action necessary for compliance with the Ordinance.

An Order of the Board of Alderman pursuant to this Ordinance is final and binding and constitutes prima facie evidence of the civil penalty in any court of competent jurisdiction in a civil suit brought by the Town of Anderson for final judgment in accordance with the established penalty.

To enforce any civil penalty under this Ordinance by district court judgment, the Town of Anderson secretary must file with the district clerk of Grime County a certified copy of the Order establishing the amount and duration of the penalty. No other proof is required for the district court to enter a final judgment on the penalty.

In addition to any other remedies contained herein, the Town of Anderson may enforce the provisions of this article pursuant to the applicable provisions of Chapter 54 of the Texas Local Government Code, which chapter provides for the enforcement of municipal ordinances.

Section J
Resort to the Courts
Nothing in this Ordinance shall be construed as abridging the right of the Town of Anderson, Texas to resort to the courts of this State for the enforcement of this Ordinance, or of the rights of any owner to resort to the courts of this State in an attempt to enjoin the enforcement of this Ordinance.

Section K
Future Amended
Any and all portions of this Ordinance are subject to amendment by the Board of Alderman upon notice.

Section L
Savings Clause
If any article, paragraph, or part of a paragraph of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the same shall not invalidate or impair the validity, force or effect of any other article, paragraph or part or a paragraph of this Ordinance, which shall remain in full force and effect.

PASSED, APPROVED AND ADOPTED ON THE THIRD READING this 14th day of July, 2016.

Amending Town of Anderson Ordinance No. 113-16, entitled, ORDINANCE PERTAINING TO MOBILE HOME, MANUFACTURED HOME AND MANUFACTURED HOME PARKS

The Board of Aldermen, Town of Anderson, Texas does hereby amend the Town of Anderson, ORDINANCE #113-16 ORDINANCE PERTAINING TO MOBILE HOME, MANUFACTURED HOME AND MANUFACTURED HOME PARKS
and does ordain as follows:

SECTION A. Definitions
1. “Manufactured Home Park” means any land upon which two or more for rental occupied Manufactured Homes used for habitation are parked, whether free of charge or for income producing purposes, including any roadway, building, structure, vehicle, or enclosure used or intended for use as part of the facilities of the park. This definition does not apply where all Manufactured Homes are occupied by the owner of the land and his immediate family. This definition does not apply to recreational areas or to overnight parking by agencies of local, state and federal governments, where posted restrictions for use of such areas are provided.

2 “Manufactured Home Space” means the land upon which not more than one Manufactured Home is located.

SECTION B. Park Size
1. Manufactured Home Park must be not less than two contiguous acres.

SECTION C. Residential Density
1. A Manufactured Home Park must have 3,000 sq. ft. surface area for each unit with additional parking space for two vehicles.
2. A Manufactured Home Park must provide 21 ft. clearance between units and a 10 ft. clearance if placed end to end.
3. Each unit within a Manufactured Home Park must be at least 14 ft. wide.
4. A Manufactured Home Park must provide landscaping within a 15 ft. buffer zone with shrubs and or trees with a minimum height of 6ft. along each adjacent properties.
5. All units within a Manufactured Home Park must be properly skirted around the entire unit.
6. Platted lots in town may not have more than one unit per lot.

Adopted this 8th day of December, 2016.

Changes adopted this 14th day of December., 2017.

Posted in

UPCOMING EVENTS

December 11

TOWN OF ANDERSON

P.O. Box 592
Anderson, TX 77830

Ph: (936) 873-3102