Sec. 90-31. Licenses, inspections and enforcement, substandard conditions.
(a) Park license. It shall be unlawful for any manufactured housing park within the City to operate without having first obtained a business license from the City. Each license shall be issued only after an inspection has been made and the following requirements have been met: A complete, systematic inspection of the park shall be made by city inspectors, as designated by the city manager, to determine compliance with the requirements of this chapter. In the event of noncompliance, a reinspection may be conducted at no charge; however, with regard to any subsequent reinspections necessitated by the noncompliance of the park or its residents, there shall be imposed upon the park owner a fee of $35.00 plus $10.00 for each unit that is found to be not in compliance. Said fee(s), if unpaid after 90 days from the date of the reinspection, shall constitute a lien against the park property and be subject to collection in the manner described in subsection (c)(5).
(b) It shall be unlawful for any owner, lessee, operator, or manager of a manufactured housing park to allow a manufactured home which has not received a permit pursuant to section 90-73 of this chapter to be installed in the manufactured housing park after January 1, 1997, or to allow any manufactured home that constitutes a health or safety hazard, regardless of its installation date, to remain in the park.
(c) Inspection and enforcement.
(1) Authority. An inspector, as designated by the city manager, shall have the duty and authority to inspect, report, and advise the city manager of violations of this chapter. A systematic inspection of each manufactured housing park will be conducted by the inspector to determine compliance with the requirements of this chapter.
(2) Right of entry. An inspector may enter any building or premises in the City to perform any duty imposed upon them by this chapter. If such entry is refused, the inspector may procure an administrative warrant from an appropriate court of law to enter and inspect. It shall be unlawful for any person to refuse to allow or permit the inspector free access to a premises, including any common service building, when the inspector is acting in compliance with a warrant for inspection issued by a court of record, including the municipal court of the City.
(3) Substandard conditions. All units or portions thereof or the premises on which they are located which do not conform or are in violation of the standards established by this chapter or constitute a nuisance as defined in this chapter, shall be corrected or abated by maintenance, repair, rehabilitation, demolition or removal.
(4) Notice of violations. Notice of violation shall be given to the owner or manager of the park when a violation relating to a common area is alleged; notice shall be given to the unit owner or occupier regarding alleged violations occurring on or about the premises of an individual unit. Notice may also be given to the owner or manager of the park regarding individual unit violations when management is found to have ultimate maintenance responsibility. The notice shall state the code section(s) violated and provide a reasonable time for correction of the violation(s). If the violation(s) is not corrected within the time given in the notice, a summons and complaint shall be issued.
(5) Abatement proceedings. If any responsible party refuses or neglects to comply with an order of the city manager or his or her authorized representatives where an emergency to the public health, welfare and safety exists, the city manager may initiate by appropriate proceedings in any court of record having jurisdiction of the subject matter, an action to declare the premises a public nuisance subject to abatement. In such proceedings there shall be joined as defendants the owner of the property or the legal agent and, as appropriate, the occupant thereof, if any. The cost of such proceedings together with the cost of abatement shall be assessed in any judgment rendered. If the costs enumerated in this subsection are not otherwise paid by the defendants or collected upon execution in the manner provided for by law, they shall constitute a lien against the premises. In that event, the city clerk shall certify a statement thereof to the county treasurer of the proper county, who shall assess the charges against the property together with the interest thereon at the legal rate and shall collect the charges in the same manner as provided for by law for the collection of real property taxes.
(6) Offenses; violation. Each day's failure to comply with this chapter shall constitute a separate violation by the party notified pursuant to subsection (b)(4) of this section, the mandatory minimum penalty for which shall be the imposition of a fine in the amount of $50.00 per day, that may be suspended only on the condition that the violation shall be corrected within a period of 30 days. Any violation which by its nature cannot be corrected is punishable in accordance with the provisions as set forth in section 1-13 of this Code. The city manager or his or her authorized representative may post the building or park premises as being substandard and a hazard to human occupation. Such notice shall remain until the violations are corrected.
(7) Appeals: variances. Any aggrieved person who believes the alleged violation to be factually or legally contrary to this chapter may appeal the notice of violation to the board of adjustment and appeals or may request that a waiver or variance be granted pursuant to the procedures in article IV of chapter 106 of this Code. (Code 1979, § 24-3; Ord. No. 98-86, § 9, 11-30-1998; Ord. No. 96-61, § 3, 12-16-1996; Ord. No. 95-53, exhibit A (§ 24-3), 9-11-1995)