*Editor’s
note--Pursuant
to R.R.S. 1943, 71-4630, the State Department of Health has exempted the city
from the provisions of the Uniform Standard Code for Mobile Home Parks (R.R.S.
1943, 71-4621--71-4634).
Cross
references--Extraterritorial
jurisdiction of certain ordinances, § 1-11; buildings and building regulations,
Ch. 6; planning and development, Ch. 19; water, sewers and sewage disposal, Ch.
26; zoning districts for mobile homes, § 27-71 et seq.
State
law references--Uniform Code for Mobile Homes and Recreational
Vehicles, R.R.S. 1943, 71-4601--71-4620; Uniform Standard Code for Mobile Home
Parks, R.R.S. 1943, 71-4621--71-4634.
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Art. I. |
In General §§ 15-1--15-15 |
Art II. |
Mobile Home Parks, §§ 15-16--15-55 |
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Div. 1. Generally, §§ 15-16--15-30 |
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Div. 2. Permit, §§ 15-31--15-50 |
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Div. 3. Improvements and Requirements, §§
15-51--15-55 |
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ARTICLE I. IN GENERAL
Sec. 15-1. Definitions.
Whenever used in this chapter,
unless a different meaning appears from the context, the following terms shall
have the meaning herein prescribed:
Camper or travel trailer or
motor home: A vehicle or structure
designed and constructed in such manner as will permit temporary occupancy as
living and sleeping quarters as is primarily required during camping or
vacation travels. Such facility has
identical characteristics to a “mobile home” in that it can be conveyed on the
streets; however, in no way is it intended to become a residence.
Campground or trailer park: Any plat of ground upon which a camper or
travel trailer is located regardless of whether or not a charge is made for
such accommodation. However, such
definition shall not include storage of one personal camper or travel trailer
upon the property of the owner.
Dependent mobile home: A mobile home which does not have a flush
toilet and a bath or shower.
Independent mobile home: A mobile home which has a flush toilet and a
bath or shower.
Licensee: Any person licensed to operate and maintain
a mobile home park under the provisions of this chapter.
Mobile home: A factory-assembled structure or structures
equipped with the necessary service connections and made as to be readily
movable as a unit or units on its (their) own running gear and designed to be
used as a dwelling unit(s) without a permanent foundation.
Mobile home lot or mobile
home space: A designated portion of
a mobile home park designed for the accommodation of one mobile home and its
accessory buildings or structures for the exclusive use of the occupants.
Mobile home park: A parcel or contiguous parcels of land which
have been so designated and improved that it contains two (2) or more mobile
home lots available to the general public for the placement thereon of mobile
homes for occupancy. The term shall not
be construed to include mobile homes, buildings, tents or other structures
temporarily maintained by any individual, corporation, company, or other entity
on its own premises, and used exclusively to house its own labor force.
Multiple dwelling: Any structure designed and intended to
accommodate more than one family and includes, but is not limited to, duplex
buildings, group houses and apartment buildings.
Natural or artificial
barrier: Any river, pond, canal,
railroad, levee, embankment, fence or hedge.
Park: A mobile home park.
Source: Code 1962, § 5-5-1; Ord. No. 3058, 1(25),
3-1-82
State law reference--Definitions
applicable to Uniform Standard Code for Mobile Home Parks, R.R.S. 1943,
71-4621.
Sec. 15-2. Compliance.
It shall be unlawful for any
person to park any mobile home on any street, public place or private property
except as provided in this chapter.
Source: Code 1962, § 5-5-3(A)
Sec. 15-3.
Location restrictions for mobile homes.
(a) No person shall park or occupy any mobile home on the premises of
any dwelling, or on any lot which is not a part of the premises of any occupied
dwelling, either of which is situated outside an approved mobile home park.
(b) The parking of only one (1) unoccupied camper, travel trailer or
motor home in an accessory private garage building, or in the side or rear
yards of any district, is permitted, provided it does not obstruct the sight
triangle of any street or no living quarters are maintained or any business
practiced in said camper, travel trailer or motor home while so parked or
stored.
(c) Emergency or temporary stopping or parking of mobile homes on
streets shall not exceed two and one-half (2 1/2) hours, subject to any other
and further prohibitions, regulations or limitations imposed by the traffic and
parking regulations for that street.
(d) A special temporary parking permit may be issued by the council in
cases of emergency or severe hardship.
Such a permit would allow parking of a mobile home, camper, travel
trailer or motor home in an area other than mobile home parks for a reasonable
amount of time only after an evaluation of need by the council, and then only
after it has been determined by the health official or his designee, that
water, gas, electrical and sewer facilities and connections are
acceptable.
Source: Code 1962, § 5-5-3(B)(O); Ord. No. 3058, §
1(26), 3-1-82; Ord. No. 3859, § 12, 3-16-92
Sec. 15-4. Anchoring, blocking, etc.
(a) Ground anchors or tie downs shall be installed at each mobile home
stand prior to or when a mobile home is located thereon in accordance with Part
IV of the National Fire Protection Association manual 501A, 1981 Edition.
(b) Blocking: All mobile homes
shall be blocked in accordance with Part IV of the National Fire Protection
Association manual 501A, 1981 Edition.
(c) No permanent foundation will be permitted under any mobile
home. All mobile homes will retain
their mobility by leaving undercarriages and wheels intact and fastened to such home.
(d) Each mobile home shall be skirted within thirty (30) days after
placement by enclosing the open area under the unit with material that is
compatible with the exterior finish of the mobile home.
Source: Code
1962 § 5-5-5
Sec. 15-5.
Inspections.
(a) The health official or his designee is hereby authorized and
directed to make such inspections as are necessary to determine satisfactory
compliance with this chapter. Subject
to the restrictions imposed by law and to constitutional restrictions, the
health official or his designee shall have the power to enter at reasonable
times upon any private or public property for the purpose of inspecting and
investigating conditions relating to the enforcement of this chapter.
(b) It shall be the duty of every resident of a mobile home community
to give the management thereof or his designated agent access to any part of
such mobile home development at reasonable times for the purpose of making such
repairs or alterations as are necessary to effect compliance with this
chapter.
Source: Code 1962, § 5-5-18; Ord. No. 3859, § 13,
3-16-92
Sec. 15-6. Violations.
In addition to the penalty
provided for violations of the provisions of this Code, a violation of any of
the provisions of this chapter shall be a nuisance which may be abated or
enjoined by the city.
Source: Code 1962, § 5-5-23
Cross reference--Nuisances, Ch.
17.
ARTICLE
II. MOBILE HOME PARKS
DIVISION
1. GENERALLY
Sec. 15-16. General responsibilities of management.
(a) In every mobile home park there shall be an office building in
which shall be located the office of the person in charge of the park. The owner, manager or agent shall be present
at all times. A copy of the park permit
and of this chapter shall be posted therein and the park register shall at all
times be kept in said office.
(b) It is hereby made the duty of the attendant or person in charge,
together with the permit, to:
(1) Keep at all times the register of all occupants as
hereinbefore provided.
(2) Maintain the park in a clean, orderly and sanitary condition
at all times.
(3) See that the provisions of this chapter are complied with and
enforced and report promptly to the proper authorities any violation of this
chapter or any other violations of law which may come to his attention.
(4) Prohibit the lighting of open fires on the premises.
Source: Code 1962, § 5-5-16
Sec. 15-18. Applicability of building regulations.
All plumbing, electrical,
building and other work on or at any park permitted under this chapter shall be
in accordance with the provisions of this Code regulating such work unless said
provisions are specifically made inapplicable under the terms of this
chapter.
Source: Code 1962, § 5-5-17
Sec. 15-19. Register of occupants.
(a) It shall be the duty of each permit holder hereunder to keep a
register containing a record of all mobile home owners and occupants located
within the park. The register shall
contain the following information:
(1) The name and address of each mobile home occupant.
(2) The name and address of the owner of each mobile home.
(3) The make, model and year of each mobile home.
(b) The park shall keep the register available for inspection at all
times by law enforcement officers, public health officials and other officials
whose duties necessitate acquisition of the information contained in the
register. The register record for each
occupant registered shall not be destroyed for a period of three (3) years
following the date of departure of the registrant from the park.
Source: Code 1962, § 5-5-15
Sec. 15-20. Single ownership.
Each mobile home park shall
have a permit and be maintained as a single unit and the entire tract shall
remain in single ownership.
Source: Code 1962, § 5-5-20
DIVISION 2. PERMIT
Sec. 15-31. Required.
It shall be unlawful for any
person to establish, operate or maintain upon any property owned or controlled
by him, a mobile home park without having first secured a permit therefor from
the city, granted and existing in compliance with the terms of this
chapter.
Source: Code 1962, § 5-5-4(A)
Sec. 15-32.
Application.
The application for a mobile
home park permit or renewal thereof shall be made to the health official or his
designee on printed forms furnished by the health official or his designee and
shall include the name and address of the owner in fee of the tract; provided,
however, if the fee is vested in some person other than the applicant, a duly
verified statement by that person that the applicant is authorized by him to
construct or maintain the mobile home park and make the application, and such a
legal description of the premises upon which the park is or will be located as
will readily identify and definitely locate the premises. The application shall be accompanied by one
(1) copy of the mobile home park plan showing the following, either existing or
as proposed:
(1) Name and address of applicant.
(2) Legal description of the park.
(3) Roadways and driveways.
(4) Location of sites or units for trailer coaches.
(5) Location and number of sanitary water, electrical and fuel
hook-ups.
Source: Code 1962, 5-5-4(c); Ord. No. 3859, § 14,
3-16-92
Sec. 15-33. Fee.
The application for a mobile
home park permit or the renewal thereof shall be accompanied by a fee as set
forth in Section 2-5 of
this Code.
Source: Code 1962, § 5-5-4(B); Ord. No. 5135, §
10, 9-7-10
Sec. 15-34.
Issuance or denial.
A mobile home park permit shall
not be issued or renewed for any park which does not comply with the provisions
of this chapter.
Sec. 15-35. Expiration and renewal.
Mobile home park permits shall
expire December 31 of each year from their dates of issuance and may be renewed
for additional periods of one year.
Source: Code 1962, § 5-5-4(A)
Sec. 15-36.
Plumbing or electrical work
Permits issued under the terms
of this chapter convey no right to erect any building to do any plumbing work
or to do any electrical work.
Source: Code 1962, § 5-5-4(E)
Sec. 15-37.
Pre-existing uses.
If the existing water and sewer
system in mobile home parks constructed prior to July 10, 1977, ever fail and
need to be replaced or if any additions, extensions or alterations are to be
made, then the new systems must meet all provisions of the minimum requirements
as set forth in this chapter, as well as of the Norfolk Plumbing Code, in order
to retain or renew a mobile home park permit.
Source: Code 1962, § 5-5-2
Sec. 15-38.
Suspension or revocation.
(a) Whenever the health official or his designee determines that there
are reasonable grounds to believe that there has been a violation of any
provision of this chapter, the health official or his designee shall give
notice of such alleged violation to the person to whom the permit was issued as
hereinafter provided. Such notice
shall:
(1) Be in writing.
(2) Include a statement for the reasons of this issuance.
(3) Allow a reasonable time for the performance of any act it
requires.
(4) Contain an outline of remedial action which, if taken, will
effect compliance with the provisions of this chapter.
Failure to comply with said
notice within a reasonable period of time will result in suspension or
revocation.
(b) The suspension or revocation of the permit shall terminate and the
permit issued or reissued as the case may be, upon proper application and upon
the presentation of evidence sufficient to show that the deficiencies and the
unsafe or unsanitary conditions requiring such denial, suspension or revocation
have been corrected.
(c) If and when the health official or his designee, upon inspection
and investigation of a mobile home park, finds that an emergency exists which
requires immediate action to protect the public health, he may, without notice
or hearing, issue an order reciting the existence of such an emergency and
requiring that such action be taken as he may deem necessary to meet the
emergency, including the suspension of the permit. Notwithstanding any other provisions of this chapter, such order
shall be effective immediately. Any
person to whom such an order is directed shall comply therewith immediately,
but upon petition to the council shall be afforded a hearing as soon as
possible.
Source: Code 1962, § 5-5-19; Ord. No. 3859, §§ 15,
16, 3-16-92
Sec. 15-39. Appeals.
Should a person’s permit be
denied, suspended or revoked he may request a hearing before the council within
thirty (30) days after notification that the mobile home court permit has been
denied, suspended or revoked. On the
basis of such hearing, the council shall affirm or revoke such action.
Source: Code 1962, § 5-5-19
DIVISION
3. IMPROVEMENTS AND REQUIREMENTS
Sec. 15-51. Water supply.
(a) An accessible, adequate, safe and potable supply of water shall be
provided to each mobile home lot. The
collection, treatment, storage and distribution systems of all mobile home
parks shall be constructed, maintained and operated in accordance with all
provisions of the Nebraska Safe Drinking Water Act.
(b) Where
an approved public water supply of satisfactory quantity, quality and pressure
is available, connection shall be made thereto and its supply used
exclusively. Where an approved public
water supply system is not available within a reasonable distance for extension
to a mobile home development, a private water supply system shall be developed
and constructed in accordance with plans approved by the state health department
and the city, and in accordance with the rules, regulations and standards
governing mobile home parks as promulgated by the state health department.
(c) All mobile homes serviced by the city’s public water system shall
be installed in accordance with the provisions of Article II of Chapter 26 of
this Code.
Source: Code 1962, § 5-5-6
Cross reference--City
water system, § 26-11 et seq.
State law reference--Nebraska
Safe Drinking Water Act, R.R.S. 1943, 71-5301 et seq.
Sec. 15-52. Sanitary sewer systems.
(a) Facilities shall be provided and properly maintained for the
collection and disposal or treatment and disposal of sewage from all mobile
homes, service buildings and other facilities.
Where a public sewer system is available, all plumbing fixtures,
building sewers and mobile home park sewers shall be connected thereto. If a public sewer system is not available a
private sewage disposal facility meeting state department of health and
applicable local sewage disposal requirements shall be installed and all
plumbing fixtures, building sewers and mobile home park sewers connected
thereto. Sewage shall not be deposited
upon the surface of the ground.
(b) Detailed plans and specifications shall be submitted to the state
health department and the city for review and approval prior to the construction
of a newly built sewage disposal facility or the alteration to an existing
system.
(c) The sewer lines shall be constructed in compliance with all
ordinances and in accordance with the rules, regulations and standards governing
mobile home parks as promulgated by the state department of health.
(d) The sewer lines shall be constructed in compliance with the
provisions of Article III of Chapter 26 of this Code.
(e) Individual septic systems shall comply with the provisions of
Article III of Chapter 26 of this Code.
Source: Code 1962, § 5-5-7
Cross reference--Sewers
and sewage disposal, § 26-56 et seq.
Sec. 15-53. Electrical requirements.
(a) Each mobile home park shall comply with the provision of Article
550 of the National Electrical Code in force in the city.
(b) Electrical equipment installed in a mobile home accessory building
or structure shall comply with the applicable provisions of the National
Electrical Code in force in the city.
Source: Code 1962, §§ 5-5-8, 5-5-9
Cross reference--Electricity
generally, § 6-51 et seq.
Sec. 15-54. Sanitary conditions.
(a) The storage, collection, transportation and disposal of refuse,
garbage and solid waste shall be so conducted as to not create unsanitary
conditions, nuisances, rodent harborages, insect breeding areas, accident or
fire hazards, or air pollution.
(b) All refuse, garbage and solid waste shall be stored in fly-tight,
watertight, rodent-proof containers which shall be maintained in clean
condition and in good repair.
(c) Containers shall be provided in sufficient number and capacity to
properly store all refuse, garbage and solid waste. Whether the licensee of the mobile home park or each occupant of
a mobile home provides the container or containers depends entirely upon the
internal rules of each mobile home park.
(d) Garbage cans shall be located not farther than three hundred (300)
feet from any mobile home space.
(e) Waste from showers, bath tubs, flush toilets, urinals, lavatories,
slop sinks and laundries in service and other buildings within the park shall
be discharged into a public sewer system in compliance with applicable
ordinances or into a private sewer and disposal plant or septic tank system of
such construction and in such manner as will present no health hazard.
Source: Code 1962, § 5-5-12
Cross reference--Garbage
and trash, Ch. 10.
Sec. 15-55. Insect and rodent control.
(a) Grounds, buildings and structures shall be maintained free of
insect breeding areas, rodent harborage and infestation of insects, rodents or
vermin that transmit disease to humans.
All exterior openings of management buildings or other applicable
structures shall be effectively screened or insects, rodents and vermin
excluded by other effective means.
Source: Code 1962, § 5-5-13
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