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Mobile Home Licensing Regulation
TOWN OF CANDOR
LOCAL LAW NO. 4 OF 1994
PROVIDING FOR THE LICENSING AND REGULATION OF MOBILE HOMES
SECTION 1. Purpose.
The purpose of this Local Law is to promote the health,
safety, property and general welfare of.the inhabitants of the
Town of Candor, Tioga County, New York" by the regulation of
mobile home parks and mobile homes within said Town.
SECTION 2. Definitions.
For the purpose of this local law, the following terms,
words and phrases shall have the meaning ascribed to them in this
section:
Dustless Material - any material used for surfacing streets
in a Mobile Home Park which in and of itself does not
disintegrate or breakdown to a form which will cause dust to be
created and blown into the air by the wind or by the passing of
motor vehicles over it.
Enforcement Officer - The Code Enforcement Officer of the
Town of Candor or any other official from time to time designated
by the Town Board to enforce the provision of this Local Law.
Mobile Home - Any portable vehicle which is designed to be
transported on its own wheels which is used, designed to be used,
or capable of being used as a detached single family residence;
and which is intended to be occupied as permanent living quarters
containing sleeping accommodations, a flush toilet, a tub or
shower, kitchen facilities and plumbing and electrical
connections for attachment to outside systems, and includes all
additions to the mobile home including open canopies.
Mobile Home Lot - A designed site of specific total land
area which is located within or outside a mobile home park for
the accommodations of one mobile home and its occupants.
Mobile Home Park - Any tract of land which is planned,
intended and improved for the placement of three or more mobile
homes for dwelling purposes.
Mobile Home Stand - A durable surface located on a mobile
home lot which is to be used for placement of or capable of
supporting a mobile home and which meets the basic requirements
of NFPA 501A. (National Fire Prevention Association) section
501A Chapter 3 1982 Edition)
Perimeter Foundations - A solid wall of durable masonry
material or other New York state Uniform Fire and Building Code
approved material which is constructed in such a manner as to
prevent movement due to frost action, upon which a mobile horne
rests and which encloses the space between the bottom of the
mobile home and the ground.
Masonry Facing System - A skirting construction which
consists of pressure treated wood studding to which is attached a
commercial mortar board which is then covered with a commercial
masonry facing material.
Person - One or more individuals, partnership, a joint
venture, an association or a corporation.
Travel Trailer - Any portable vehicle which is designed to
be transported on its own wheels, and intended to be used for
temporary living quarters for travel, recreational or vacation
purposes; and which mayor may not inClude one or all of the
accommodations and facilities included in a mobile home.
SECTION 3. Requirements.
3.1 - Basic Requirements
No mobile home park shall be constructed within the Town
of Candor without first obtaining a permit for such construction
nor shall any mobile horne park be operated within the Town of
Candor without first securing a license therefor and renewing
such license each year in compliance with the requirements of
this local law, and no mobile home shall be placed or used for
dwelling purposes inside or outside a mobile horne park except
upon securing a permit therefor and upon complying with the
relevant provisions of this Local Law and the New York state
Environmental Quality Review Act.
3.2 - Additional Requirements
- All such mobile horne parks and mobile homes located
inside or outside of parks shall comply with the New York State
Uniform Building and Fire Code and all other applicable Local
Laws or Regulations of the Town of Candor.
- Mobile Horne Criteria
- A mobile home to be used as a dwelling unit may
not be placed on a mobile home lot within the Town of Candor
unless it bears a seal issued by the manufacturer certifying that
the mobile home was constructed to one of the following standards:
i) The New York state Code for Construction and
Installation of Mobile Homes (9NYCRR) if constructed after
January 15, 1974, or
- ii) The U. S. Department of Housing and Urban
Development Mobile Home Construction and Safety Standard (CFR
Title 24, Part 3280) if constructed after June 15, 1976.
- Any mobile home not bearing a seal by the
manufacturer showing compliance to one of the above standards
which is already located within the Town of Candor at the
effective date of this Local Law:
- i) Shall be permitted to remain in a mobile home
park or on a private lot if legally placed there and if used as a
dwelling unit.
- ii) Shall be permitted to be moved to another
location within the Town of Candor by the owner, if such owner of
the mobile home prior to its relocation occupies the mobile home
at its new location.
- iii) Shall be allowed; if sold, rented or leased
to be moved to a new location within the Town of Candor only
after being certified in writing by a New York State licensed
Professional Engineer or Architect that the mobile Home complies
with the provisions of Sub-chapter B of Article 3 of the New York
State Uniform Fire Prevention and Building Code or the provisions
of the U. S. Department of Housing and Urban Development CFR
Title 24, Part 3280.
- iv) Shall, if used for any purpose other than as
a dwelling unit, comply with the provisions of the New York State
Uniform Fire Prevention and Building Code as it pertains to the
particular occupancy for which the structure is to be used.
- Any person who places a Mobile Home within the
Town of Candor for use as a dwelling unit shall comply with
sections 1193.2 (Smoke Detecting Devices) and 713.1 (Stairs) of
the New York State Uniform Fire prevention and Building Code.
- Not more than two singlewide Mobile Homes may be
joined together to serve as one residential dwelling only if all
the following conditions are met:
- i) Such attached structure is to be located or
placed on a lot outside a Mobile Home Park.
- ii) Each such unit must bear a seal as described
in section 3 (b) {ll (i) or (ii) above confirming each unit's
compliance with the standards mentioned in those subdivisions.
- iii) The completed structure and lot upon which it
is to be placed must also comply with all other requirements for
the placement of a Mobile Home within the Town of Candor
including but not limited to closure, lot size, setback and side
set, etc.
- iv) The applicant for a permit to install such
attached units must submit plans and drawings for the attached
units which plans and drawings must be certified in writing by a
New York state licensed Professional Engineer or Architect that
the attached Mobile Homes will comply with any and all the
provisions of the New York state Uniform Fire Prevention and
Building Code and/or with the provisions of Sub-chapter B of the
New York state Uniform Fire Prevention and Building Code or the
provisions of the U. S. Department of Housing and Urban
Development CFR Title 24, Part 3280.
- v) No variances nor waivers of the above
requirements may be granted.
SECTION 4. Requirements for Establishing Mobile Home Parks.
Every mobile home park must meet the following requirements:
4.1 - site
The park shall be located on a well-drained site which is
properly graded to insure rapid drainage and freedom at all times
from stagnant pools of water, and shall be free from heavy or
dense growth of brush and woods. No park may be located in a
flood hazard district, as defined in'current Town of Candor Local
Law.
4.2 - Size
Irrespective of the number of mobile home lots proposed, no
mobile home park shall comprise less than five acres.
4.3 - Mobile home lot
Each mobile home lot in a mobile home park shall have a
total area of at least 6000 square feet.
4.4 - Location of mobile home
- No mobile home shall be parked or otherwise located
nearer than a distance of:
- At least thirty (30) feet from another mobile
home in any direction.
- At least fifty (50) feet from the park property line.
- At least seventy five (75 feet) from the
center line of a public street or highway.
- At least twenty (20) feet from the nearest
edge of any roadway located within the park.
- Only one mobile home shall be permitted to occupy
anyone mobile home lot. Two or more mobile homes may not be
attached together in any manner on the same lot.
4.5 - Mobile Home Stand and Closure
- Each mobile home lot shall have a mobile home
stand which will provide for the practical placement on and
removal from the lot of both the mobile home and its related
accessory structures, and the retention of the home on the lot in
a stable condition. The stand shall be constructed of an
appropriate non-porous material which is durable and adequate for
the support of the maximum anticipated l.oads as specified by the
manufacturer or if none then as specified in NFPA 501A, Chapter
3. The surrounding area shall be suitably graded to permit rapid
surface drainage.
- The mobile home foundation shall be enclosed by a
skirt securely fastened and extending from the outside wall of .
the mobile home to ground level around the entire perimeter of
the mobile home. Such skirting must be installed within 60 days
after completion of utility hookups, so as to hide all wheels,
chassis and other related accessories under the home. The skirt
shall be constructed of manufactured skirting material intended
for skirting a mobile home, a vinyl siding material with a rigid
backing, a material matching and equivalent to the mobile home
siding, pressure treated wood or a commercial masonry facing
system which shall be adequately framed. No skirt shall be
required where a perimeter foundation is employed.
4.6 - Accessibility
- Each mobile home park shall be directly accessible
from an existing public highway or street.
- Where a mobile home park has more than twenty-five
(25) mobile home lots, two points of entry and exit to a public
highway or access road shall be provided. In no instance shall
the number of entry and exit points exceed four unless approved
by the Highway Official or Agency responsible for the road on
which the access points intersect.
- An access road from a public highway to a park and
all entrances and exits shall be designed and strategically
located for safe and convenient movement into and out of the park
and to minimize friction with the free movement of traffic on a
public highway or street. They shall be at right angles to the
existing public highway or street, shall be of sufficient width
to facilitate the turning movements of vehicles with mobile homes
attached, and shall be free from any material which would impair
visibility.
4.7 - streets
Each park shall have a system of improved streets which will
provide for convenient access to all mobile home lots and other
important facilities within the park. Such system shall meet the
following requirements:
- streets shall be improved with a minimum of twelve
(12) inch gravel base, and a topping of an all-weather dustless
material.
- The street system shall be so designed to permit
safe and convenient vehicular circulation within the park.
- streets shall be adapted to the topography and
shall have suitable alignment and gradient for traffic safety.
- All streets shall intersect at an angle between 80
degrees and 90 degrees.
- All streets shall have a minimum cartway width of
twenty-four (24) feet.
- Except in cases of emergency, no parking shall be
allowed on such streets.
- An all-weather, dustless driveway with a minimum
width of ten (10) feet shall be provided for each mobile home
lot.
4.8 - Parking
- Two off-street parking spaces surfaced with an allweather
dustless material, shall be provided on each mobile home
lot. Each parking space shall have a minimum width of ten (10)
feet and a minimum length of twenty (20) feet. This requirement
will be deemed satisfied if there are two off-street parking
spaces available in the driveway area.
- Additional off-street parking spaces surfaced with
all weather dustless material shall be provided at strategic and
convenient locations, with at least one such parking space for
each two mobile home lots within the park. Such parking shall be
provided in spaces of not less than ten (10) feet by twenty (20)
feet in dimension with an additional 150 square feet for adequate
maneuvering space.
4.9 - utilities and Service Facilities
The following utilities and service facilities shall be
provided in each mobile home park and shall be in accordance with
the regulations and requirements of the New York state Department
of Health, the Sanitary Code of New York State, and of any health
law or code hereafter adopted by the County of Tioga, or the Town
of Candor:
- A storm drain system designed to convey all storm
water into natural water courses and to maintain the park area
free from standing pools of water.
- An adequate supply of pure water for drinking and
domestic purposes, supplied by pipes to all mobile home lots and
appropriate buildings within the park. Each mobile home lot
shall be provided with proper water connections.
- A sewer for each mobile home lot, which shall be
connected to the mobile home situated on the lot, to receive the
waste from the shower, tub, flush toilets, lavatory, kitchen
sink, and laundry facilities in such home, and shall be connected
to a public sewer or central private system so as not to present
a health hazard. Sewer connections in unoccupied lots shall b~
so sealed as to prevent the emission of any odors and the
creation of breeding places for insects.
- Receptacles with tight fitting lids for the storage
of garbage and rubbish, which shall be collected and emptied as
frequently as may be necessary. Such receptacles shall be
screened by opaque fencing and/or plants.
- Service buildings as deemed necessary for the
normal operation of the park. Such buildings shall be maintained
by the owner or manager of the park in a clean, sightly and
sanitary condition.
- Underground weatherproof electric, gas (if
available) and telephone service connections and outlets, of a
type approved by the appropriate utility company or agency shall
be provided for each mobile home lot.
4.10 - Open Space
Each mobile home park shall provide common open space for
the use of the occupants of such park. Such open space shall be
conveniently located in the park, shall have a total area equal
to at least ten per cent of the minimum lot size multiplied by
the number of lots actually laid out to be used for mobile home
lots, and shall be maintained by the mobile home park owner.
4.11 - Landscaping
- Lawn and ground cover shall be provided on those
areas not used for the placement of mobile homes and other
buildings, walkways, roads and parking areas.
- Planting or screening shall be provided to the
extent needed in order to provide for the screening of
objectionable views, adequate shade and a suitable setting for
the mobile homes and other facilities.
- Plantinq or screening shall be provided to screen
objectionable views, including laundry facilities, garbage
storage areas and collection areas.
- other plantings shall be provided along those areas
within the park which front upon existing public highways,
streets, and adjacent properties to reduce glare and provide
pleasant outlooks for the living units.
- Grass and ground cover shall be provided on all
areas subject to erosion.
SECTION 5. Licensing Procedure.
5.1 Any' person proposing to construct and operate a
mobile home park shall file with the Town Clerk a license
application in triplicate on a form provided by the Town,
accompanied by three sets of plans of the proposed park, and
accompanied by the required fee as hereinafter provided. Said
plans shall be drawn to a scale of 20, 40, or 50 feet to the inch
and indicate the north point and scale. Such plans shall have
the endorsement and stamp of a Professional Engineer or Architect
licensed by the State of New York affirming that the plans
conform to the requirements of the New York State Uniform Fire
Prevention and Building Code, this Local Law and any other New
York State Statute and/or Regulation applicable to mobile home
parks.
5.2 Such application and plan shall set forth the
following information:
- Legal Data
- The name and address of the applicant, or the
name and address of each partner or principal if the applicant is
a partnership or joint venture; or the name and address of each
officer and director if the applicant is an association or
corporation.
- The location and description of the land
proposed to be used as a mobile horne park.
- The number of lots to be provided in such park.
- A copy of standard lease, park regulations, and
operating policies.
- The name, address and telephone number of the
person in charge of the mobile horne park (manager), the collector
of rents and head of maintenance, if such person is not the
applicant or the applicant is a corporation.
- Physical Features
- Contours at five (5) foot intervals, and land
areas in excess of 10 per cent grade.
- Location of water courses, marshes, and areas
subject to flooding.
- Wooded areas.
- Soil types in all parts of the proposed site and
results of soil tests.
- Existing Development
- A location map which shows all land within three
hundred (300) feet of the proposed mobile home park and all
structures on the land which abuts the proposed park.
- The location, names and width of all adjacent
streets or public roads.
- The location of all water lines and utilities
within and adjacent to the proposed site.
- Proposed Development
- The location and width of all entrances, exits,
streets, walkways, parking areas, and easements.
- The location, and dimensions of each lot within
the park showing the location of each proposed Mobile Home and
parking space.
- The method and plan for electric lighting,
including street lighting.
- The location and plan of all proposed permanent
structures and improvements.
- Proposed grading and plans for landscaping.
- Proposed storm water drainage.
- Proposed utilities.
- Public improvements proposed by the Town in or
adjoining the proposed park.
- Existing zoning.
5.3 There shall be endorsed on such application and plan,
the approval of the New York state Department of Health, or any
other health agency having jurisdiction, of the plans for water
supply and sewage disposal.
5.4 Processing of Application
- Upon receipt of such application and plan, the Town
Clerk shall submit two copies thereof to the Enforcement Officer
and one copy to the Town Planning Board. The Enforcement Officer
shall review the same and examine the proposed site in order to
determine whether they conform to the requirements of this Local
Law and to any relevant requirement of any health agency having
jurisdiction. The Code Enforcement Officer and the applicant
shall present the application at the next Town Planning Board
meeting for recommendations. The Code Enforcement Officer shall
also consult the Town Planning Board for recommendations. If
deficiencies are found in the application or plan, notification
shall be made to the applicant thereof and the applicant shall be
given reasonable opportunity to make the indicated corrections.
The Code Enforcement Officer shall then, not more than sixty (60)
days from the date of filing of the original application, return
the same with any changes or corrections made by the applicant to
the Town Clerk and file therewith his recommendations, including
any recommendations of the Town Planning Board, with respect to
the application and furnish a copy of such recommendations to the
applicant.
- At its next ensuing meeting, the Town Board shall
consider the application and the recommendations of the
Enforcement Officer and Planning Board and shall either reject
the application or accept it subject to public hearing. In the
latter event, the Town Clerk shall cause to be published in the
official newspaper, a notice of such hearing, specifying the
date, time, place and purpose thereof, which notice shall be
published at least five (5) days before the date of the hearing.
The Clerk shall also send a copy of such notice to the applicant,
the Enforcement Officer, ahd the chairman of the Town Planning
Board.
- Following such hearing and not more than thirty
(30) days thereafter, the Town Board shall either grant final
approval of the application, with such corrections, additions or.
deletions as the Board may prescribe, or reject it. Failure of
the Town Board to act within such time shall be deemed a
rejection of the application. The applicant upon request must be
provided with a written statement of reasons the application was
rejected. Upon receipt of such request the Town shall have
thirty (30) days to respond in writing stating the reasons for
rejection of the application and upon its failure to do so such
application shall be deemed to have been approved.
- If the application has been approved, the Town
Clerk shall thereupon issue the original license which shall be
effective from its date to the end of the calendar year in which
it is issued, and the applicant may thereupon proceed with the
construction and operation of the mobile horne park.
- During construction of the mobile home park, and at
the conclusion of construction the Code Enforcement Officer shall
inspect the park to ascertain whether the construction in fact
complies with the approved application and with the requiremerits
of this Local Law, and shall have the power to delay actual
operation of the park until such requirements have been fully
met.
SECTION 6. Supplemental License
Any person holding a license for the operation of a mobile
home park and desiring to make changes to the park as currently
licensed shall file an application for a supplemental license
with the Town Clerk prior to making any changes.
6.1 Such anticipated changes shall be shown in detail on
the Supplemental Application. The applicant shall append to such
Supplemental Application three sets of plans which show the
proposed changes. The application shall include, so far as such
are pertinent, the same information and data as required for an
original license.
6.2 Applications for Supplemental Licenses shall be
accompanied by the required fee. .The fee for such Supplemental
Application shall be determined by resolution of the Town Board
and the Town Clerk shall maintain a schedule of this and any
other fee set by the Town Board.
6.3 An application for a Supplemental License shall be
processed in the same manner as set forth in Section 5.4 for an
original license except that the decision to hold a public
hearing shall be at the discretion of the Town Board. If the
application is approved the Town Clerk shall issue the
Supplemental License effective for the balance of the current
calendar year. Thereafter, any Renewal License shall apply to
the mobile home park as originally licensed and as altered
according to the approved Supplemental License.
SECTION 7. Operation of a Mobile Home Park
7.1 Prior to the placement of a mobile home in any mobile
home park or to the construction of an addition to an existing
mobile home, the owner or manager shall deliver to the
prospective tenant a copy of the Town of Candor "Mobile Home
Installation Requirements." That document shall contain a notice
advising the mobile home owner that a permit must be obtained
from the Town of Candor to place the mobile home in the park and
specify the requirements for settirig up the mobile home and a
statement to be signed by the mobIle home owner that he or she
has received and understands the installations requirements. The
park owner or manager shall forward the signed statement to the
Town of Candor before a permit will be issued.
7.2 The park owner shall be responsible for complying with
the site requirements of the Local Law under which the Lot was
originally established.
SECTION 8. Renewal License
8.1 An application for the renewal of a mobile home park
license shall be filed on or before December 31st of the year
covered by the current license.
- Accompanying the application shall be a list of the
names and lot location of all tenants in the park.
- If no changes are contemplated in the plans,
specifications, features, services and method of operation from
those already approved, the Town Clerk is authorized to issue a
renewal license for a period of one (1) year commencing January
1st, upon payment of the required fee.
- If any changes in the plans, specifications or
features, are contemplated, then the procedure herein prescribed
for the issuance of a supplemental license must be observed.
- If any changes have been made to the services
provided, the changes shall be detailed on the application. If
changes have been made in the method of operation, including the
standard lease, park regulations and ·operation policies, a
current copy of the affected document(s) shall be supplied with
the application.
SECTION 9. Transfer of License.
No mobile home park license issued hereunder may be assigned
or transferred except with the approval of the Town Board.
SECTION 10. License Fees, Permit Fees and Certificates.
10.1 Mobile Home Park Fees and Other Charges
- The fee for an original license shall be determined
by resolution of the Town Board and the Town Clerk shall maintain
a schedule of this and any other fee set by the Town Board.
- The fee for the renewal license shall be determined
by resolution of the Town Board and the Town Clerk shall maintain
a schedule of this and any other fee set by the Town Board.
- The fee for a supplemental license shall be
determined by resolution of the Town Board and the Town Clerk
shall maintain a schedule of this and any other fee set by the
Town Board.
- Should it become necessary for the Town to employ
or otherwise utilize certified inspectors, licensed engineers or
other experts to determine the validity of a complaint or whether
a condition existing in the mobile home park at the time of an
inspection complies with this Local law or other applicable
Statutes, Local Laws or Regulations, the cost of such inspectors,
engineers or experts shall be paid by the mobile horne park owner
if the condition is confirmed by such expert as not in compliance
or is otherwise defective.
10.2 - Permit Fee for placement of Mobile Home
The fee for obtaining a permit for the placement of a mobile
home inside or outside a mobile horne park shall be as determined
by resolution of the Town Board and the Town Clerk shall maintain
a schedule of this and any other fee set by the Town Board.
10.3 - Certificates
The mobile horne may not be occupied, in whole or in part,
until a Certificate of Compliance or a Temporary Certificate of
Compliance is issued. A Temporary Certificate of Compliance may
be issued after the Code Enforcement Officer is satisfied that
the mobile home is safe for occupancy. Such Temporary
Certificate of Occupancy may be issued for a period of not more
than 180 days and may be extended for good cause shown. A
permanent Certificate Compliance will be issued after all
conditions and requirements of the permit have been completed to
the satisfaction of the Code Enforcement Officer.
SECTION 11. Mobile Homes Outside Mobile Horne Parks.
11.1 - A mobile horne shall not be parked or otherwise placed
nor shall an addition to an existing mobile home be constructed
within the Town of Candor outside a licensed mobile home park
except upon the securing of a permit therefor and upon the
compliance with the following requirements:
- Lot Size
Each mobile home must be placed on an individual lot
of at least one (1) acre and at a minimum of 150 feet wide such
width to be measured at the point of the mobile home which is
closest to the nearest street and shall be measured on a line
parallel to such street. The Town Planning Board may grant an
exception, however, when an existing lot is of lesser size and
there is no feasible way in which it can be enlarged, and in such
case the Planning Board may likewise make an exception with
respect to the lot width requirement and.to the setback
requirement required under Subdivision 3 thereof, when observance
of either or both of said requirements is either impossible or
would impose undue hardship.
- Mobile Home Stand and Closure
- The mobile home stand shall be constructed of an
appropriate non-porous material which is durable and adequate for
the support of the maximum anticipated loads as specified by the
manufacturer and/or NFPA 501A chapter 3 (1982 Edition).
- The mobile home foundation shall be enclosed by
a skirt securely fastened and extending from the outside wall of
the mobile home to ground level around the entire perimeter of
the mobile home, Such skirting must be installed within 60 days
after completion of utility hookups, so as to hide all wheels,
chassis and other related accessories. under the home. The skirt
shall be constructed of manufactured skirting material intended
for skirting a mobile home, a vinyl siding material with a rigid
backing, a material matching and equivalent to the mobile home
siding, pressure treated wood or a commercial masonry facing
system which shall be adequately framed. No skirt shall be
required where a perimeter foundation is employed.
- Setback
Each mobile home shall be set back at least seventyfive
(75) feet from the center line of any street or road and ten
(10) feet from any lot line.
- Health Standards
The water and sewage systems for the mobile homes
must meet the requirements of the New York State Department of
Health, of any county law or regulation, and any law or ordinance
of the Town of Candor with respect to the installation of
individual household sewage systems.
11.2 Application for a permit under this section shall be
made to the Town Clerk in writing, in duplicate, shall state the
name and address of the applicant, shall locate and describe the
lot on which a mobile home is proposed to be placed, and describe
generally the proposed plan for water supply and sewage disposal.
The Town Clerk shall promptly transmit one copy of the
application to the Enforcement Officer who shall inspect the
proposed site and determine whether or not the application meets
the requirements of this section. When and if satisfied that
such compliance has been or will be made, he shall endorse his
approval on the application and shall thereupon issue the permit.
11.3 No travel trailer may be licensed or used as a
permanent residence.
SECTION 12. Enforcement.
12.1 The Enforcement Officer may at any reasonable time
inspect any mobile home park, or any mobile home being. placed
under permit whether inside or outside a mobile home park, for
the purpose of determining compliance with this Local Law. If he
discovers any.violation, he shall direct its correction within a
reasonable specified time. Failure to comply with such direction
shall constitute a violation of this Local Law and subject the
violator to the penalties herein provided.
12.2 The Enforcement Officer shall have the.power to issue
an appearance ticket pursuant to section 150.20 of the Criminal
Procedure Law, to serve a Summons, to serve and issue any orders
or process in the administration bf the provisions of this Local
Law. In addition, any police officer or inspector authorized by
the municipality to assist in enforcement of this Local Law may
serve any process, including an appearance ticket, a uniform
appearance ticket and simplified information related to any
proceeding either criminal or civil in nature undertaken in the
enforcement of the provisions of this Local Law.
SECTION 13. APPEALS
13.1 Requests for an appeal from an Enforcement Officer's
decision shall be made to the Town Planning Board. The Town
Planning Board shall adopt regulations concerning the method for
filing and processing such appeals and determining the fee to be
charged for filing and processing. Such regulations shall be
subject to review and approval by the Town Board prior to
implementation.
13.2 Requests for an appeal from the Town Planning Board's
decision shall be made to the Town Board. The Town Board shall
by resolution adopt regulations concerning the method for filing
and processing such appeals and shall by resolution determine the
fee for such appeal and the Town Clerk shall maintain a schedule
of this and any other fee set by the Town Board and shall also
prepare and have available a written description of the appeal
process.
SECTION 14. Exceptions.
14.1. None of the provisions of this Local Law shall be
applicable to the following:
- The business of mobile home or travel trailer
sales, except that where units are used as living quarters, they
shall conform with the applicable provisions of this Local Law.
- A mobile home located on the site of a construction
project, survey project or other similar work project and which
is used solely as a field office or work or tool house in
connection with such project, provided that such mobile home is
removed from such site thirty (30) days after the completion of
such project.
- A sectional house which is prefabricated in
sections, transported to the building site, then fastened
together and placed on a permanent and totally enclosed masonry
foundation and which has a minimum width of eighteen (18) feet
for its entire length and contains a minimum of eight hundred
(800) square feet of usable living space.
- A mobile home and lot in existence and occupied at
the effective date of this Local Law'and located outside a
licensed mobile home park. However, any replacement of such
mobile home must meet the following conditions:
- It must meet the requirements of section 3.2 (a)
and 3.2 (b).
- It must meet the requirements of section 11.1
(b) (1),11.1 (b) (2) and 11.1 (d) (1).
- The original mobile home must not have been
vacant for more than six months.
- The original mobile home lot must not have been
vacant for more than six months.
- The replacement mobile home must not create a
noncompliance nor worsen any previous noncompliance with this
Local Law.
- A permit must be obtained and a Certificate of
Compliance issued prior to the replacement mobile home being occupied.
14.2 Except as specifically required below, mobile home
parks originally licensed under a previous Town of Candor Local
Law or Ordinance shall not be required to comply'with the
requirements of Section 4 hereof except subdivision 4.5 (b)
thereof concerning mobile home replacements and new
installations. such parks are to continue to comply with the
requirements of the Local Law or Ordinance under which they were
originally licensed. All mobile home parks regardless of when
originally licensed shall comply with the requirements of
sections 6, 7 and 8 of this Local Law.
SECTION 15. Penalties.
Failure to secure a required license or permit under this
Local Law, or violation of any provision hereof, shall constitute
an offense, punishable by a fine of not more than Five Hundred
($500.00) Dollars for the first offense, and of not more than
Five Hundred ($500.00) Dollars for each subsequent offense. Each
week a violation is continued shall be d~emed a separate offense.
In addition, any violation of the Local Law may be enjoined
pursuant to law.
SECTION 16. Separability
If any provisions of this Local Law shall be adjudged
invalid, such judgment shall not affect or impair the other
provisions hereof.
SECTION 17. Effective Date.
This Local Law shall become effective August 1, 1994
and shall supersede all previous ordinances, local laws, or
regulations affecting mobile home parks or mobile homes within
the Town of Candor.
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