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Ordinance No. 919s ORDINANCE NO. 919 MOBILE HOMES AN ORDINANCE AMENDING ORDINANCE NO. 460 OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, FOR THE PURPOSE OF REGULATING THE CONSTRUCTION, OPERATION AND'MAINTENANCE OF MOBILE HOME PARKS IN THE CITY OF BAYTOWN; REQUIR- ING A CONSTRUCTION PERMIT FOR THE CONSTRUCTION, ALTERATION OR EXTENSION OF MOBILE HOME PARKS AND PROVIDING FOR INSPECTIONS AND FEES; REQUIRING A LICENSE FOR THE OPERATION OF A MOBILE HOME PARK AND PROVIDING FOR INSPECTIONS AND FEES; REQUIRING THAT AN ANNUAL, A SEMI - ANNUAL OR A TEMPORARY PARKING PERMIT BE OB- TAINED FOR ANY MOBILE HOME OR TRAVEL TRAILER OCCUPYING A STAND IN A MOBILE HOME PARK AND PROVIDING FOR INSPECTIONS AND FEES; ESTABLISHING A MOBILE HOME REVIEW BOARD AND PROVIDING FOR APPEALS; ESTABLISHING STANDARDS FOR THE CONSTRUC- TION, OPERATION AND MAINTENANCE OF MOBILE HOME PARKS; PROVIDING THAT OWNERS OR OPERATORS OF EXISTING MOBILE HOME PARKS SHALL BE PERMITTED A PERIOD OF TIME AS HEREIN PROVIDED TO OPERATE A MOBILE HOME PARK WITHOUT OBTAINING A LICENSE; REGULATING MOBILE HOMES AND TRAVEL TRAILERS OUTSIDE OF MOBILE HOME PARKS; CON- TAINING A REPEALING CLAUSE AND A SEVERABILITY CLAUSE; CONTAINING A PENALTY PROVISION AND PROVIDING AN EFFECTIVE DATE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN. Section I. That Sections 30 -1 through 30 -46 of the Code of Ordinances be, and the same is hereby amended so that It shall hereafter read as follows, to -wit: Section 30 Mobile Home Parks Section 30 -1. Definitions. The following terms, phrases and words as used in this chapter shall have the following respective definitions: A. Annual parking permit means a permit required for any mobile home or travel trailer which is occupying a stand in a mobile home park and which permit is valid for the period from January I through December 31 of the year of Issuance. B. Board means the Mobile Home Review Board as established by the Ordinance. C. Building Official is the Chief Inspector of the City. D. Cash means United States currency or coin or a cashier's or certified check or a postal money order. City means the City of Baytown, Texas. Construction permit means the permit required for the construction, alteration or extension of any mobile home park in the city. Construction permittee means the person to whom a construction permit has been issued. Current parking permit means a valid, unexpired, annual,'semi- annual or temporary parking permit. E. Director of Public Works means the Director of the Department of Public Works and Engineering of the City. F. Expandable room means an enclosed or a semi - enclosed room or roofed portion which expands outward from the basic mobile Home by means of rollers, hinges or other devices or arrangements but which is designed as a structural portion of the mobile home and which is carried on, or within, the mobile home while traveling. G. health Officer means the Senior Sanitarian of the City. H. Label means a metal inspection label or plate which has been permanently affixed by the manufacturer or by an approved testing agency to a mobile home or travel trailer or to equipment used in connection therewith and which contains a serial number, if required, the specifications of the vehicle or the equipment to which it is attached and which refers to any standards that have been met in the construction of such vehicle or equipment. License means a mobile home park operator's license. Licensee means the person to whom a mobile home park operator's license has been issued. I. Manufacturer means the manufacturer of a mobile home or a travel trailer. J. Mobile home means a portable vehicle constructed on a chassis and which has been designed so that it may be occupied and used without a permanent founda- tion. For the purpose of this chapter, a mobile home shall mean a single family dwelling unit suitable for year -round occupancy and which has pro- vision for electrical and water connections and which provides for waste disposal in compliance with the Plumbing Code requirements for dwellings. Such vehicle shall be eligible for registration and licensing by the State of Texas for operation on the public streets and highways. K. Mobile home lot means a parcel or tract of land for the placement of a single mobile home and the exclusive use of its occupants and which is located in a mobile home subdivision approved by the Planning Commission of the City. This is to be distinguished from a mobile home stand and site located within a mobile home park. L. Mobile Home Park means a tract or parcel of land used for rental occupancy by two or more mobile homes. M. Mobile home sales lot means a parcel or tract of land which is used by a mobile home dealer for the sale, lease or renting of mobile homes or travel trailers. N. Mobile home stand means that part of a mobile home park which has been im- proved for the placement of the mobile home including all required appurtenant structures and having provision for available utility connections. 0. Occupant means the person or persons who occupy a mobile home or travel trailer in a mobile home park. Owner means the owner or lessee, whether one or more, of the premises on which a mobile home park is operated when such person is not a licensee. P. Overnight parking means the use of a mobile home park for a period not to exceed seven (7) days by a travel trailer or mobile home, provided that if said use exceeds seven (7) days, a valid annual, semi - annual, or temporary parking permit is required and the beginning date shall be the initial date of occupancy of the mobile home park. No permit or fee shall be required by the City for the temporary use of a mobile home park for a period of seven (7) days or less. Q. Parking permit means an annual, semi - annual or temporary parking permit. R. Person means a natural person, his heirs, executors, administrators or assigns, and shall also include a firm, partnership or corporation, its successors or assigns, or the agent of any of the aforesaid. S. Semi - annual parking permit means a permit required for any mobile home or travel trailer which has been placed upon a stand in a mobile home park and which is valid for the period from January I through June 30 or for the period from July I through December 31 of the year of issuance. Oil T. Service building means a structure housing toilet facilities, lavatories, bathing facilities, and such other facilities as may be required or per- mitted under the provisions of this chapter and which is used in connection with the operation of a mobile home park. U. Sewer connection means the connection consisting of the pipes, fittings and appurtenances from the drain outlet of the mobile home or travel trailer to the inlet of the corresponding sewer riser pipe or the sewerage system serving the mobile home park. V. Sewer riser means that portion of the pipe of the sewer lateral which extends vertically to the ground elevation and terminates at each mobile home stand. W. Temporary parking permit means a permit which may be used in lieu of an annual or a semi - annual parking permit and which is valid for thirty days from the date of issuance. X. Travel trailer means a portable vehicle built on a chassis and designed as a temporary dwelling for travel, recreation and vacation use and which has been permanently identified by the manufacturer. When such a vehicle has been equipped by the manufacturer for use on public streets and highways, the body of such vehicle shall not exceed eight feet in width but may be of any length, provided its gross weight does not exceed 4,500 pounds, or a travel trailer may be of any height, provided its length does not exceed 29 feet, exclusive of the tongue. The term travel trailer shall also be deemed to include all other portable contrivances other than mobile homes used or intended to be used generally for living and sleeping quarters and which may be moved under its own power, towed, or transported by another vehicle. Y. Utilities means the water, sewage, gas or electrical distribution system, which are available for connection to mobile homes or travel trailers in mobile home parks. Z. Utility connection means the connection of available utilities in a mobile home park to a mobile home or travel trailer placed on a mobile home stand in a mobile home park. AA. Vehicle means a mobile home or a travel trailer unless the context in which the word is used indicates that another meaning is intended. BB. Water connection means the connection of the pipes, fittings and appurtenances from the water riser pipe to the water inlet pipe for the water distribution system of a mobile home or travel trailer. Section 30 -2. Construction permit required for mobile home parks. 2.1. It shall be unlawful for any person to construct, alter or extend any mobile home park within the corporate limits of the City of Baytown unless he shall first have obtained a mobile home park construction permit therefor from the City. 2.2. Application for such permit shall be made to the building official in triplicate and the following information and items shall be furnished: 1. Name and address of applicant. 2. Interest of the applicant in the mobile home park. 3. Location and legal description of the mobile home park. 4. Complete engineering plans and specifications in triplicate for the proposed park showing: (a) The area and dimensions of the tract of land. (b) A plat or map of the proposed mobile home park showing the number, location and size of all mobile home sites, stands, locations and widths of roadways and walkways, service buildings and other proposed structures. 3 (c) The location of water and sewer lines and riser pipes. (d) Plans and specifications for the water supply and refuse and sewage disposal facilities. (e) Plans and specifications for all buildings to be constructed within the mobile home park . (f) The location and details of lighting and electrical systems. 2.3. A separate permit shall be required for the building, electrical, plumbing and driveway - sidewalk and other permits when required. 2.4. Any person who has been denied a mobile home park permit may appeal such denial by following the same procedure provided for an appeal from a license denial, revocation or suspension by the Building Official. Section 30 -3. Mobile Home Park Operator's License Required. 3.1. It shall be unlawful to establish, maintain or operate a mobile home park without first securing a mobile home park license therefor. 3.2. As an exception to the requirement for a license, and as limited hereinafter, the owner or operator of an existing mobile home park will be permitted to continue operation of such park for a period of six months from the effective date of this chapter without obtaining a license therefor upon the following con- ditions: (a) He shall make application for a license, paying the required fee therefor within 90 days from the effective date of this Chapter. (b) Upon receipt of his application, an investigation and inspec- tion will be made of the existing mobile home park. (c) The applicant will not be required to make any modification or changes in his existing mobile home park if the variance from the requirements of this Chapter is not dangerous to life, health and safety of the public. (d) The Building Official shall furnish to the applicant in writing a list of any necessary changes or modifications in the existing mobile home park and it shall be the duty of the applicant to commence making such changes in good faith. 3.3. For good cause, the Building Official may extend the period for completion of such necessary changes or modifications for one additional period of six months, but in no event will an existing mobile home park be permitted to con- tinue operations, if, at the end of one year from the effective date of this chapter, the owner thereof has not obtained a mobile home park license. The owner or operator of an existing mobile home park shall be entitled to appeal any required changes or modifications and any denial of an extension of time for such changes or modifica- tions to the Board by following the procedure that is provided for appeals for license denials, revocations or suspensions by the Building Official, but the Board shall have no authority to extend the period for completion beyond one year from the effective date of this ordinance. 3.4. (a) It shall be unlawful for any mobile home park owner or operator to continue operating any mobile home park unless he shall have made application for a mobile home park operator's license as provided herein within 90 days from the effective date hereof. (b) It shall be unlawful for any mobile home park occupant to continue occupying a mobile home or a travel trailer located in a mobile home park which has not been duly licensed by the City or the owner or operator or which has not, within 90 days from the effective date of this ordinance, made application for a mobile home park operator's license. A 10 -day notice of such failure of the owner or operator of an existing mobile 0 home park shall be given to the occupants of such mobile,home park and the failure, refusal or neglect of such occupant or occupants to remove their mobile home or travel trailer there- from, or to cease occupying such mobile home or travel trailer within said 10 -day period shall constitute an offense. 3.5. Licenses shall be valid for a period of one year beginning on July I of each year and shall be renewable annually during the month of June. A non- refundable license application investigation fee of $25 shall accompany each applica- tion for a license, provided, such investigation fee will be allowed as a credit upon the license if it is granted. The license fee and annual license renewal fee shall be determined by the following fee schedule: 2 through 15 mobile home stands . . . . . . . . . . $25.00 16 through 40 mobile home stands . . . . . . . . . . $50.00 41 through 60 mobile home stands . . . . . . . . . . $75.00 61 through 80 mobile home stands . . . . . . . . . .$100.00 Each stand in excess of 80 . . . . . . . . . . . . .$ 1.00 each Section 30 -4. 4.1. It shall be unlawful for any person to occupy a mobile home or travel trailer in a mobile home park without first securing a parking permit therefor except that no permit will be required for the use of a mobile home park for a period of seven (7) days or less. 4.2. It shall be unlawful for any person to occupy a mobile home or travel trailer in a mobile home park unless such vehicle has first been connected to the utilities available in such park. 4.3. It shall be unlawful for the occupant of a mobile home or travel trailer to connect or permit such vehicle to be connected to the available utilities in a mobile home park or for such vehicle to remain so connected, without first securing a parking permit except that no permit will be required for the use of a mobile home park for a period of seven (7) days or less. 4.4. It shall be the responsibility of the mobile home park licensee, his agents or employees, to notify the office of the Chief Inspector of the City of Baytown when any mobile home or travel trailer is to be connected to the available utilities in the mobile home park operated by the licensee. Failure to perform such notification shall constitute a misdemeanor under the terms of this ordinance. 4.5. An annual parking permit shall be valid for the period from January I through December 31 of the year of issuance. A semi - annual parking permit shall be valid for the period from January I through June 30, or July I through December 31 of the year of issuance. An annual or a semi- annual parking permit may be issued only by the City and such permits may not be issued by licensees or mobile home dealers. Application for an annual parking permit or a semi- annual parking permit shall be made to the Building Official. A cash fee of $25 shall be paid for an annual permit and no proration shall be allowed for any elapsed period of time in the year of issuance. A cash fee of $15 shall be paid for a semi - annual parking permit. This fee will be prorated by allowing a credit of $2.50 for each elapsed month in the period of issuance. Applications may be made by mail to the Building Official. If the mobile home stays within the City of Baytown less than one month, a refund may be made for all but $5 of the semi - annual or annual fees paid. If the period of time is more than one month but less than six, the City shall, upon re- quest, refund $10 of any annual fee paid. 4.6. A temporary parking permit may be used in lieu of an annual or a semi- annual parking permit and it shall be valid for a period of 30 days from the date of issuance. A temporary parking permit may be obtained from the building official in the same manner as an annual or semi - annual parking permit upon payment of a $5 cash fee. In addition, a temporary parking permit may be obtained from any licensee or mobile home dealer who elects to issue such temporary parking permits and who follows the requirements herein for such issuance. 5 4.7. A licensee or mobile home dealer may issue temporary parking permits in accordance with the following procedure and requirements: I. One or more temporary parking permits will be delivered to the licensee or mobile home dealer upon payment of $5 for each permit. Such permit shall be numbered and receipts in quad- ruplicate, similarly numbered to correspond with each temporary permit, will be delivered to the licensee or mobile home dealer. 2. When a temporary parking permit is issued by a licensee or mobile home dealer, such permit shall be legibly dated in ink on the date of issuance. In addition, the licensee or mobile home dealer shall furnish a receipt therefor to the purchaser, which receipt shall contain the purchaser's name, date of issuance, license plate number, State of issuance of license plate and year of license of the mobile home or travel trailer, together with such other information as the building official may from time to time require by the form of the temporary parking permit receipts. 4.8. The licensee or mobile home dealer shall deliver or cause to be delivered to the building official two copies of the temporary parking permit receipt within 48 hours from the date of issuance of such permit, provided, this requirement may be complied with by mailirg to the building official such receipts within 24 hours from the time of issuance of such permit. In the computation of the period of time within which the City's copies of the receipt must be delivered or mailed to the building official, Saturdays, Sundays, and legal holidays will be excluded so as to afford this additional time for compliance with this require- ment. 4.9. Licensees and mobile home dealers shall retain their copy of the temporary parking permit receipt and such receipt shall be available for inspec- tion during reasonable hours. 4.10. A parking permit may be assigned in connection with the sale, lease, or renting of a mobile home or travel trailer or a permit holder may transfer a parking permit from one vehicle to another. Application for such assignment or transfer shall be made to the building official who shall furnish the necessary forms. A service charge of $.50 will be made for each transfer or assignment. This provision is not to be construed as requiring an assignment of a parking permit from the seller in whose name the parking permit has been issued to the purchaser provided the seller has delivered to the purchaser his receipt for such parking permit. 4.11. The City will make no refund for temporary parking permits which have been lost, destroyed or stolen prior to issuance by a licensee or mobile home dealer, but if a temporary parking permit has been defaced or damaged prior to issuance and satisfactory proof thereof is presented to the building official, replacements therefor may be issued by the building official upon payment of a service charge of $.50 for each permit replaced. In no event shall a replacement permit be issued unless the unissued receipt applicable to the damaged or defaced permit is surrendered to the building official. No cash refund shall be made under any circumstances. 4.12. The sale of temporary parking permits by licensees or mobile home dealers who desire to participate is solely for their convenience and the convenience of mobile home and travel trailer occupants and purchasers and no fee whatever will be paid or allowed to any licensee or mobile home dealer for the issuance of such permits. 4.13. If the building official is furnished satisfactory proof that a parking permit which has been issued has been lost, destroyed or defaced, he may issue a replacement permit for the unexpired term of such permit upon payment of a service charge of $.50. The building official may prescribe such forms and requirements as he may from time to time find necessary to insure that no replace- ment parking permit is improperly issued. 4.14. The building official is hereby authorized to prescribe the form of parking permits and to require that additional relevant information be furnished either in the application for parking permits, upon the face or back of the parking permit or upon the receipt thereof. The building official is further hereby authorized to designate the place on or within a mobile home or travel trailer that a parking permit shall be affixed or replaced and the failure, I refusal or neglect of a parking permit holder to comply with this requirement shall constitute an offense and the building official is hereby authorized to disconnect or cause to be disconnected the available utilities in a mobile home park from such vehicie. 30 -5. Inspection of Mobile Home Park. 5.1. The inspecting authority shall make such inspection as are necessary to insure compliance with the provisions of this Chapter. 5.2. By the acceptance of the license, the licensee shall be deemed to authorize the inspection of a mobile home park at all reasonable hours. Such hours shall usually be during normal working hours and failure to permit such inspection shall be a ground for suspension or revocation of the license. Where there is reason to believe a violation may exist before or after the hours of normal inspection, the building official may authorize special inspections at any time; provided, however, nothing herein shall prohibit inspection for valid park- ing permits at any time. 5.3. Failure or refusalof a mobile home park occupant to permit inspection by the inspecting authority, or to permit the licensee to make necessary repairs or alterations in compliance with the requirements of the inspecting authority shall constitute a ground for disconnection of the utilities serving such mobile home. The mobile home occupant shall have the right to appeal any decision, order or action of the building official or the inspecting authority by following the same procedure provided for appeals from license denials, suspensions or revocations by the building official. 30 -6. Written notices of violations to be cumulative of Penal Provisions. 6.1. The inspecting authority may issue written notice of violations to the licensee or his agent, or to any owner or operator of a mobile home park operating without a license during the first year from the effective date of this chapter, or to any mobile home park occupant, setting out the particular violation and setting out a time for making the necessary correction or repair. The person receiving such a notice shall have the right of appeal from license denials, sus- pensions or revocations by the building official. The provision for written notices shall be cumulative of the Penal provisions hereinafter provided and the issuance of a written notice shall not prevent the filing of a criminal charge for violation of the provisions of this Chapter. 30 -7. Appeals from decisions of Building Official, etc. 7.1. Any person whose application for a license has been denied by the building official shall have the right to appeal such decision to the Board by mailing postpaid or delivering to the City Manager, City Hall, Baytown, Texas, written notice of appeal within ten days after he has been notified of such denial. 7.2. The building official shall have authority to suspend or re- voke licenses or to order utility disconnections for the following violations of the provisions of this Chapter: I. A license may be suspended for any period of time up to six months for a violation affecting the health, safety or welfare of occupants of a mobile home or of other persons or property. 2. A license may be revoked for a violation which is dangerous to l i fe. 3. For a violation of the provisions of this chapter not deemed to require a license suspension or revocation, the utility connection servicing any stand or stands, or any structure in a mobile home park, may be disconnected or caused to be disconnected, provided, a utility disconnection may be ordered in connection with a license suspension or revocation as to all or any part of a mobile home park if necessary to protect life or property. 7 7.3. I. After the period of suspension, a suspended license will be reinstated by the building official upon a showing of ability and willingness by the licensee to comply with the provisions of this chapter. 2. A person whose license has been revoked may apply for a new license six months after such revocation by making a new application and paying the required fee therefor. Before granting such new license, the building official shall require the applicant to show ability and willingness to comply with the provisions of this chapter. 3. No sale, transfer or assignment of a revoked license or of a license during the period of suspension will be recognized by the City, provided, a person whose license has been sus- pended or revoked may sell, transfer or assign his interest in the premises, if any, to another person who may then make application for a license to operate the mobile home park. If it is shown by the applicant that he has had no responsible connection with the mobile home park, he will be eligible for the granting of a new license and if a new license is granted, the new licensee may commence to operate the mobile home park upon issuance of the license. Where a person whose license has been suspended or revoked has no interest in the premises other than by agreement with the owner or owners of the premises, such person may advise the City in writing of his withdrawal from any further connec- tion with the mobile home park. In this event, and if it be shown that the owner or owners had no responsible connection with the actual operation and maintenance of the mobile home park, a new application may be made by any person other than the person whose license was suspended or revoked and if the new license is granted, the new licensee may commence to operate the Mobile Home Park upon issuance of the license. 7.4 Appeals. Any license revocation or suspension, or any order for a utility disconnection, or any decision, order or action taken by the building official may be appealed by any person affected by the decision, order or action to the Board by filing written notice of appeal within ten days from the date of notice of such action by mailing postpaid or delivering such notice to the City Manager, City Hall, Baytown, Texas. When such a written appeal has been made within ten days, a license suspension or revocation, or any decision or action by the building official will be held in abey- ance and such person will be given a hearing before the Board, provided, any utility disconnection shall not be reconnected unless authorized by the Board after a hearing. 30 -8. Mobile Home Review Board. 8.1. There is hereby created a Mobile Home Review Board conisiting of five members. 8.2. All members shall be appointed by the City Council. Membership on the Board shall be as follows: I. Property owners of the City of Baytown. 2. A licensed master plumber in good standing. 3. A licensed mobile home park operator in good standing. The Fire Marshal and the Chief Building Inspector are designated as ex- officio members. The five regular members will choose a chairman from among them- selves. A 8.3. Appointments, removals, etc. The first appointment to the positions on the Review Board created hereunder shall be made immediately after the final adoption hereof, and appoint- ments thereafter shall be made on or before January 2 of each year and shall take effect on that date. The original appointments to the Board small expire on the next succeeding January 2. Thereafter, each member of the Board shall serve for a term of three years and until his successor has been appointed and qualified. Any member of the Board shall be subject to removal from his position on the Board at any time by the City Council. Whenever any position on the Board becomes vacant by reason of death, resignation or removal, such vacancy shall be filled for the unexpired term of the member being replaced. Should a vacancy occur on the Board, the City Council shall appoint another qualified person to serve the unexpired term of such position. 8.4. Three members of the Board present at any meeting shall constitute a quorum for the transaction of all business of the Board and a majority vote of those members present at any meeting shall prevail. 8.5. Appeals to the Board shall be set for hearing within fifteen days from the date notice of appeal was received by the Chairman whenever possible. Such hearings may be continued from time to time until completed, but a final decision shall be made within thirty days from the date notice of appeal was received by the Chairman unless by consent or request of the person appealing, a nearing is set for or continued beyond such thirty day period. 8.6. The Board shall have authority to affirm, modify or reverse the decision or action of the building official. The building official, a licensee, or any person who appeals a decision or action of the building official may appeal a decision or action of the Board to the City Council by mailing postpaid or deliver- ing to the City Secretary written notice of appeal addressed to the Mayor and City Council, City Hall, Baytown, Texas, within ten days after he has been notified of the decision of the Board. 8.7. A license suspension, revocation, utility disconnection order, or other decision or action of the building official which has been upheld by the Board shall be immediately effective, subject, however, to the right of the person affected thereby to appeal to the City Council as provided above. The decision of the City Council on any appeals from the Board to the City Council shall be final. 30-9. Environmental, Open Space and Access Requirements. 9.1. General Requirements. Condition of soil, ground water level, drainage and topography shall not create hazards to the property or the health or safety of the occupants. The site shall not be exposed to objectionable adverse influences, and no portion subject to unpredictable and /or sudden flooding, subsidence or erosion shall be used for any purpose which would expose persons or property to hazards. 9.2. Soil and Ground Cover Requirements. Exposed ground surfaces in all parts of every mobile home park shall be paved, or covered with stone screenings, or other solid material, or protected with a vegetative growth that is capable of preventing soil erosion and of eliminating objectionable dust. 9.3. Site Drainage Requirements. The ground surface in all parts of every mobile home park shall be graded and equipped to drain all surface water in a safe, efficient manner. 9.4. Park Areas for Nonresident Uses. a. No part of any park shall be used for nonresidential purposes, except such uses that are required for the direct servicing and well being of park residents and for the management and maintenance of the park. �1 b. Nothing contained in this section shall be deemed to prohibit the sale of a mobile home located on a mobile home stand and connected to the utilities. 9.5. Required Separation Between Mobile Homes in Mobile Home Parks a. Mobile homes shall be separated from each other and from other buildings and structures by at least ten (10) feet on the sides and end -to -end clearance of ten (10) feet. b. An accessory structure which has a horizontal area exceeding 25 square feet, is attached to a mobile home or located within 10 feet of its window, and has an opaque top or roof that is higher than the nearest window shall, for purposes of all separation requirements, be considered to be part of the mobile home. 9.6. Required Recreation Areas a. In all parks accommodating or designed to accommodate 25 or more mobile homes, there shall be not less than one recreation area which shall be easily accessible to all park residents. b. The size of such recreation areas shall be based upon a minimum of 100 square feet for each mobile home stand. No outdoor recrea- tion area shall contain less than 2,500 square feet. c. Recreation areas shall be so located as to be free of traffic hazards and should, where the topography permits, be centrally located. 9.7. Required Setbacks, Buffer Strips and Screening in Mobile Home Parks a. All mobile homes shall be located at least 10 feet from any property boundary line abutting upon a public street or highway and at least five (5) feet from interior property boundary lines. b. There shall be a minimum distance of 10 feet between individual mobile home and 4 feet from adjoining pavement of a park street, or common parking area, or other common areas. c. All mobile home parks located adjacent to industrial, commercial, or residential land uses shall be provided with screening such as fences or natural growth along the property boundary line separating the park and such adjacent nonresidential uses. 9.8. Park Street System a. GENERAL REQUIREMENTS: All mobile home parks shall be provided with safe and convenient vehicular access from abutting public streets or roads to the internal parking area or mobile home stand. Alignment and gradient shall be properly adapted to topography. b. ACCESS: Access to mobile home parks shall be designed to minimize congestion and hazards at the entrance or exit and allow free move- ment of traffic on adjacent streets. The entrance road connecting the park streets with a public street or road shall have a minimum road pavement width of 34 feet where parking is permitted on both sides, or a minimum road pavement width of 27 feet where parking is limited to one side. Where the primary entrance road is more than 100 feet long and does not provide access to abutting mobile home lots within such distance, the minimum road pavement width may be 24 feet, provided parking is prohibited at both sides. C. INTERNAL STREETS: Surfaced roadways shall be of adequate width to accommodate anticipated traffic, and in any case shall meet the following minimum requirements: (1) All streets, except minor streets, shall be not less than 24 feet in width. (2) Minor streets, when parking is prohibited, shall not be less than 20 feet in width. Such a street will be acceptable only if it is less than 500 feet long and serves fewer than 25 mobile homes, provided, such street may exceed 500 feet if it is a one - way street and provides access to abutting mobile home sites on one side only. (3) Dead -end streets shall not exceed 1,000 feet in length. Such street shall be provided with a turn around at the closed end and having an outside roadway diameter of at least 60 feet. d. REQUIRED ILff,`H NATION OF PARK STREET SYSTEMS: All mobile home parks shall be furnished with lighting units so spaced and equipped with luminaires placed at such mounting heights as will provide the following average maintained levels of illumination for the safe movement of pedestrians and vehicles at night. (1) All parts of the Park Street system shall average 0.6 foot - candles and no part shall have less than 0.1 foot - candles. (2) Potentially hazardous locations, such as major street inter- sections and steps or stepped ramps shall be individually illuminated and shall have a minimum of 0.3 foot- candles. e. STREET CONSTRUCTION AND DESIGN STANDARDS: (1) PAVEMENT: All streets shall be provided with a smooth, hard and dense surface which shall be durable and well drained under normal use and weather conditions. Pavement edges shall be protected to prevent raveling of the wearing surface and shifting of the pavement base. Street surfaces shall be main- tained free of dust, cracks, holes, and other hazards. (2) GRADES: Grades of all streets shall be sufficient to insure adequate surface drainage, but shall be not more than eight percent. Short runs with a maximum grade of 12 percent may be permitted, provided traffic safety is assured by appropriate paving, adequate leveling areas and avoidance of lateral curves. (3) INTERSECTIONS: Within 100 feet of an intersection, streets shall be approximately right angles. A distance of at least 150 feet shall be maintained between center lines of offset intersecting streets. Intersections of more than two streets at one point shall be avoided. 9.9. Required Off- Street Parking Areas a. Off- street parking areas shall be provided in all mobile home parks for the use of park occupants and guests. Such areas shall be furnished at the rate of not less than two (2) spaces for each mobile home stand, each space to be accessible without moving anothercar b. Required car parking spaces shall be so located as to provide convenient access to the mobile home, but shall not exceed a distance of 200 feet from the mobile home that it is intended to serve. 9.10. Walks a. GENERAL REQUIREMENTS: All parks shall be provided with safe, convenient all season pedestrian access walks of adequate width for the intended use constructed of durable material and con- venient to maintain, and such walk shall be placed between individual mobile homes, the park streets and all community facilities provided for park residents. Sudden changes in alignment and gradient shall be avoided. b. COMMON WALK SYSTEM: A common walk system shall be provided and maintained between locations where pedestrian traffic is con- centrated. Such common walks shall have a minimum width of three (3) feet. C. INDIVIDUAL WALKS: All mobile home stands shall be connected by individual walks to a common walk, or paved street, or to a paved driveway or parking space which is connected to a paved street. Such individual walks shall have a minimum width of two feet. 9.11. Mobile Home Stands The area of the mobile home stand shall be improved to provide an adequate foundation for the placement and tie -down of the mobile home, thereby securing the superstructure against uplift, sliding, rotation and overturning. a. The mobile home stand shallnot leave, shift or settle unevenly under the weight of the mobile home due to inadequate drainage, vibration or other forces acting on the superstructure. Section 39 -10. Water Supply 10.1. General Requirements An accessible, adequate, provided in each mobile home park quantity, quality, and pressure is its supply used exclusively. Whan able, a private water supply syste health authority. 10.2. Source of supply safe, and potable supply of water shall be Where a public supply of water of satisfactory available, connection shall be made thereto and a satisfactory public water supply is not avail - n may be developed and used as approved by the a. The water supply shall be capable of supplying a minimun of 150 gallons per day per mobile home. b. Every well or suction line of the water supply system shall be located and constructed in such a manner that neither underground nor surface contamination will reach the water supply from any source. The following minimum distances between wells and various sources of contamination shall be required: Contamination Well or Suction Line Sources (Distance in Feet) Building Sewer 50 Septic Tank 50 Disposal Field l00 Seepage Pit 100 Dry Well 50 Cesspool 150 c. No well- casings, pumping machinery or suction pipes shall be placed in any pit, room or space extending below ground level nor in any room or space above ground which is walled in or otherwise enclosed, unless duch rooms, whether above or below ground, have free drain- age by gravity to the surface of the ground. d. The treatment of a privatA water supply shall be in accordance with applicable laws and regulations. 10.3. Water Storage Facilities All water storage reservoirs shall be covered, watertight and constructed of impervious material. Overflows and vents of such reservoirs shall be effectively screened. Manholes shall be constructed with overlapping covers, so as to prevent the entrance of contaminated material. Reservoir overflow pipes shall discharge through an acceptable air gap. 10.4. Water Distribution System a. The water supply system of the mobile home park shall be connected by pipes or other approved material to all mobile homes, buildings, and other facilities requiring water. b. All water piping, fixtures and other equipment shall be constructed and maintained in accordance with the requirements of the Building Code and shall be of a type and in locations approved by the inspecting authority. C. The water piping system shall not be connected with non - potable or questionable water supplies and shall be protected against the hazards of backflow, back siphonage, or cross connection. d. The system shall be so designed and maintained as to provide a pressure of not less than 20 pounds per square inch, under normal operating conditions at service buildings and other locations re- quiring potable water supply. 10.5. Individual Water -Riser Pipes and Connections a. Individual water riser pipes shall be located within the confined area of the mobile home stand at a point where the water connection will approximate a vertical position. b. Water riser pipes shall extend at least four inches above ground elevation. The pipe shall be not less than three quarter inch in diameter. The water outlet shall be capped when a mobile home does not occupy the stand. 12 C. Adequate provision shall be made to prevent freezing service lines. Valves and riser pipes shall be protected from heaving and /or thawing actions of the ground. Surface drainage shall be diverted from the location of the riser pipe. d. A shutoff valve shall be provided near the water riser on each mobile home stand. e. Underground stop and waste valves shall not be installed on any water service. Section 30 -11. Sewage Disposal 11.1. General Requirements An adequate and safe sewerage system shall be provided in mobile home parks. Such system shall be designed, constructed, maintained in accordance with City ordinances and the City of Baytown Building Code. 11.2. Sewer Lines All sewer lines shall be located in trenches of sufficient depth to be free of breakage from traffic or other movements and shall be separated from the park water supply system at a safe distance as provided by state law and ordinance of the City. Sewers shall be at a grade which will insure adequate flow as provided in Building Code All sewer lines shall be constructed of approved materials, shall be adequately vented, and shall have watertight joints. 11.3. Individual Sewer Connections a. Each mobile home stand shall be provided with at least one (1) four -inch diameter sewer riser pipe. The sewer riser pipe shall be so located on each stand that the sewer connection to the mobile home drain outlet will approximate a verticle position. Each mobile home stand shall be provided with a 4" P -trap for the mobile home sewer connection and be properly vented. b. The sewer connection shall have an inside diameter not less than three inches, and the slope of any portion thereof shall be at least one - fourth inch per foot. The sewer connection shall consist of one pipe line only without any branch fittings. All joints shall be watertight. c. All materials used for sewer connections shall be semi - rigid, corrosive resistant, non - absorbent and durable. The inner surface shall be smooth. d. Provision shall be made for capping the sewer riser pipe when a mobile home-does not occupy the lot. Surface drainage shall be diverted away from the riser. The rim of the riser pipe shall extend at least four inches above ground elevation. e. Sewer lines laid on city easements or right -of -way shall conform to all city codes and ordinances. 11.4. Sewerage Treatment and /or Discharge Where the sewer lines of the mobile home park are not connected to a public sewer, all proposed sewage disposal facilities shall be approved by the inspecting authority prior to construction. Effluents from sewage treatment facilities shall not be discharged into any waters of the state except incompliance with the applicable law. Section 30 -12. Electrical Distribution System 12.1. General Requirements Every park shall contain an electrical wiring system consisting of wiring, fixtures, equipment and appurtenances which shall be installed and main- tained in accordance with the Building Code and the National Electrical Code governing such systems. 12.2. Individual Electrical Connections a. Each mobile home stand shall be provided with an approved disconnecting device and overcurrent protective equipment. The minimum service per outlet shall be 120/240 volts AC, 50 amperes. A minimum of 13 50 amperes per mobile home stand shall be used for calculating the main service. b. Outlet receptacles at each mobile home stand shall be located not more than 25 feet from the overcurrent protective devices in the mobile home and a three -pole, four wire grounding type shall be used. Receptacles shall be of weatherproof construction and con- figurations shall be in accordance with American Standard Outlet Receptacle C -73. c. The mobile home shall be connected to the outlet receptacle by an approved type of flexible cable with connectors and a male attachment plug. d. Where the connected load of the mobile home is more than 50 amperes either a second outlet receptacle shall be installed or electrical service shall be provided by means of permanently installed con- ductors. Except that a single providing more than 50 amperes may be used subject to the express approval of the electrical inspector who will ascertain the safety and capability of the receptacle. e. All exposed noncurrent carrying metal parts of mobile homes and all other equipment shall be grounded by means of an approved ground- ing conductor with branch circuit conductors or other approved method of grounded metallic wiring. The neutral conductor shall not be used as an equipment ground for mobile homes or other equip- ment. 12.3. Structural Requirements for Buildings a. A permanent type management office shall be constructed at each licensed mobile home park. Construction standards for this office shall comply with the City of Baytown Building Code. All other permanent type structures, except building housing sanitary facilities, shall be at the option of the licensee. b. All portions of a structure shall be properly protected from damage by ordinary uses and by decay, corrosion, termites, and other destructive elements. Exterior exposed portions of such materials shall be constructed and protected as to prevent entrance or penetration of moisture and weather. c. All rooms containing sanitary or laundry facilities shall have: I. Sound resistant walls extending to the ceiling between male and female sanitary facilities. Walls and partitions around showers, bathtubs, lavatories and other plumbing fixtures shall be constructed of dense, non - absorbent, waterproof material or covered with moisture resistant material. 2. At least one window or skylight facing directly to the out- doors. The minimum aggregate gross area of windows for each required room shall be not less than 10 percent of the floor area served by them. 3. At least one window which can be easily opened, or a mechanical device which will adequately ventilate the room. d. Toilets shall be located in separate compartments equipped with self - closing doors. Shower stalls shall be of the individual type. The rooms shall be screened to prevent direct view of the interior when the exterior doors are open. Section 30 -13. Service Building and Other Community Service Facilities 13.1. General The requirements of this section shall apply to servide buildings, recreation buildings and other community service facilities when constructed. a. Management offices, repair shops and storage areas; b. Sanitary facilities; C. Laundry facilities; d. Indoor recreation areas; e. Commercial uses supply goods or services for the exclusive use of park occupants. 14 13.2. Required Community Sanitary Facilities Mobile home parks shall have not less than one flush toilet and one lavatory for men and one flush toilet and one lavatory for women. The building or buildings containing such community sanitary facilities shall be accessible to all mobile homes. a. Illumination levels shall be maintained as follows: (1) general seeing tasks - -five footcandles; (2) laundry room work area - -40 footcandles; (3) toilet room, in front of mirrors - -40 footcandles. b. Hot and cold water shall be furnished to every lavatory, sink, bathtub, shower and laundry fixture, and cold water shall be furnished to every water closet and urinal. 13.3. Barbecue Pits, Fireplaces, Stoves and Incinerators Cooking shelters, barbecue pits, fireplaces, woodburning stoves and incinerators shall be so located, constructed, maintained and used as to minimize fire hazards and smoke nuisance both on the property on which used and on neighbor- ing property. No open fire shall be permitted except in facilities provided. No open fire shall be left unattended. No fuel shall be used and no materiai burned which emits dense smoke or objectionable odors. 30 -14. Refuse Handlirg 14.1. The storage, collection and disposal of refuse in the mobile home park shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards or air pollution (see Code of Ordinances and other City ordinances for specific requirements). 30 -15. Fuel Supply and Storage 15.1. Natural Gas System a. Natural gas piping systems shall be installed and maintained in accordance with the Building Code and other regulations governing such systems. b. Each mobile home stand provided with piped gas shall have an approved manual shutoff valve installed upstream of the gas outlet. The outlet shall be equipped with an approved cap to prevent accidental discharge of gas when the outlet is not in use. 15.2. Liquefied Petroleum Gas Systems a. Liquefied petroleum gas systems shall be installed and maintained in accordance with applicable laws, ordinances and regulations governing such systems. Bulk storage and distribution system plans shall be submitted to the Fire marshal for approval. 15.2. Fuel Oil Supply Systems a. All fuel oil supply systems shall be installed and maintained in accordance with applicable laws, ordinances and regulations governing such systems. b. Storage tanks located in areas subject to traffic shall be protected against physical damage. 30 -16. Fire Protection 16.1. Mobile dome parks shall be kept free of litter, rubbish and other flammable materials. 16.2. Portable fire extinguishers of a type approved by the fire marshal shall be kept in service buildings and all other locations designated by the fire marshal or fire inspectors and such extinguisher shall be maintained in good operat- ing condition. 16.3. Fires shall be made only in stoves, incinerators and other equip- ment intended for such purposes. 15 4 16.4. a. Fire hydrants, shall be located within 500 feet of any mobile home, service building or other structure in the park. Fire hydrant locations shall be determined by the Fire Marshal. Section 30 -17. Miscellaneous Park Requirements 17.1. Responsibilities of the Mobile Home Park Licensee a. The person to whom a license for a mobile home park has been issued shall be responsible for operation of such park in com- pliance with the provisions of this chapter and he shall provide adequate supervision to maintain such park, its facilities and equipment in good repair and in a clean and sanitary condition. b. The licensee shall be responsible for notifying park occupants of the applicable provisions of this chapter. c. The licensee shall be responsible for supervising the placement of mobile homes on mobile home stands within the mobile home park. The licensee shall be responsible for maintaining a register containing the names of all park occupants. Such register shall be available to any authorized person inspecting the park for the enforcement of this ordinance, or any other ordinances of the City of Baytown. 17.2. Responsibilities of Park Occupants a. Mobile home park occupants shall comply with all applicable pro- visions of this chapter and such occupant shall maintain his mobile home, mobile home stand, mobile home site and appurtenances and equipment in good repair and in a clean and sanitary condition. b. The mobile home park occupant shall be responsible for the proper placement of his mobile home on the mobile home stand and for proper installation of all utility connections. 17.3. Restrictions on Occupancy A mobile home shall not be occupied for dwelling purposes unless it is properly placed on a mobile home stand and connected to water, sewerage, and elec- trical utilities, and other services where required for health, wealth, and safety of the occupants. Section 30 -18. Parking of Mobile Home Outside of Licensed Mobile Home Park 18.1. No mobile home shall be parked in violation of any enforceable deed restriction or covenant. 18.2. A mobile home may be parked on a vacant lot, or plot, outside a mobile home subdivision as defined in Section 30 -IK, provided the lot, or plot, has 5,000 square feet of land. The mobile home shall set back a minimum of 25 feet from any public street right -of -way line and 5 feet from any side or back lot li.ne. 18.3. Not more than one mobile home shall be parked on a vacant lot or plot without first obtaining a mobile home park license. Such lot or plot shall contain a minimum of 5,000 square feet. Any mobile home placed on such a lot, or plot, shall meet the minimum standards for plumbing, heating, and electrical systems outlined or referred to in this ordinance. 18.4. A mobile home may be parked adjacent to a residence, or place of business, provided a spacing of ten feet (10') from the nearest building, on the same property, is maintained and five feet (5') from any interior property lines, or not less than 25 feet set back from a street. Not more than one mobile home shall be parked on the same lot, or plot, with a residence, or commercial building. without first obtaining a mobile home park license. No mobile home shall be parked adjacent to a residence, or place of business, where such placement would create a hazard to life, safety or health. 18.5. All mobile homes located outside a mobile home park or mobile homes sales park for more than 48 hours shall be connected to all required utilities, and permits obtained from the Building official for a foundation, driveway, plumbing and electricity. 18.6. Mobile Homes located outside mobile home parks will be connected by separate and individual water and sewer taps to city services where such services are available. 18.7. Parking permit fees for single mobile homes located outside mobile home parks shall be the same as fees for mobile homes inside mobile home parks, except that a license fee will not be required. 18.8. The Building Official may permit the temporary parking of a mobile home in a location outside an approved and licensed mobile home park for a period in excess of 48 hours, provided such location shall not create.a health, traffic, or other hazard, and provided such mobile home shall not be occupied. 18.9. All mobile homes, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition. All devices, or safeguards, which are required by this ordinance and other regulations, pamphlets, or data made a part hereof when installed, repaired, or altered, shall be maintained in good working order. The owner, or occupant, shall be responsible for the maintenance of the mobile home. Section 30 -19. It shall be urlawful to occupy a mobile home as any type occupancy other than as a private dwelling, provided; however, a mobile home may be parked at a constructing site for use as a field office for a period not exceeding the period of construction and not more than one mobile home may be used for demonstration and office at a mobile home sales park. Section 30 -20. Paeans of Egress Every mobile home shall be provided with two (2) exit doors. Such doors shall be located remote from each other. Screen doors shall be of the hinged typed, opening outwardly from the inside. Escape door suitably designed as an emergency exit - way, and releasing to the outside, may be provided as a substitute for one exit door when length of the mobile home will not permit use of a regular exit door. 20.1. Lockinw mechanism, when provided on doors and screen doors, shall be of a type whichpermits opening from the inside by the simple operation of a knob, or lever, or by pressure against the door or screen door. 20.2. Each mobile home must have a minimum space of 200 squere feet floor area, and qualify as a mobile home under Section 30 -IJ herein. 20.3. No travel trailer shall be used as or occupied as a permanent type residence except in a licensed mobile home park. Travel trailers so occupied shall comply with American Standard Association Pamphlet A 119.2 -1963 Plumbing, Heating and Electrical Systems in Travel Trailers. 20.4. Light and Ventilation a. No mobile home shall be used or occupied without proper light and ventilation. All habitable rooms (including rooms with combined functions) shall be provided with natural light openings by means of fixed, or openable, windows, glazed doors, or openable roof, or fixed roof panels. The light opening size required in each such room shall not be less than ten percent of the floor area of the room, combined room, or space, Exception: In lieu of natural light, artificial light may be provided in kitchens, laundry rooms, and other rooms approved by the Building Official. [7 b. Bathrooms, toilet compartments, and kitchens may use mechanical ventilation systems in lieu of natural ventilation. The system shall have a capacity to provide a minimum of twelve air changes per hour in the area occupied by such rooms. The mechanical ventilation system shall discharge to the outside air. All rooms used for sleeping purposes shall be provided natural ventilation by means of openings, such as windows, exterior doors, roof vents, or other openings In the exterior walls, or roof. The natural ventilator shall have no less than 4% of the floor area of the room, combined room or space, or three square feet, whichever is greater. Section 30 -21. Density Requirement No more than 10 Mobile Home stands shall be situated per acre of unimproved land. By unimproved land is meant land upon which no roadways or sidewalks have been constructed as well as other types of improvements. In addition to this require ment, all space and distance requirements as elsewhere herein set out shall be ob- served and complied with so that in the enforcement of this density requirement the more restrictive of the two standards shall be applied in any situation to determine compliance with this section. Section 30 -22. Violations and Penalties Any person violating any of the provisions of this orainance shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any of the provisions of this ordinance is committed, continued, or permitted, and upon conviction of any such violation such person shall be punished by a fine of not more than two handred dollars (200.00). Section 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 3: If any provision, section, subsection, sentence, clause or phrase of this ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this ordinance or their application to other persons or sets of circumstances shall not be affected hereby, it being the intent of the City Council in adopting this ordinance that no portion thereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality and all provisions of this ordinance are declared to be reasonable. Section 4: The provisions of this ordinance requiring parking permits for mobile homes in Mobile Home Parks shall become effective from and after duly 1, 1968. Section 5: The City Council of the City of Baytown hereby finds and determines that for the purpose of protecting the health, safety, and welfare of the people of the City of Baytown, and particularly the people who reside in and occupy mobile. home and travel trailers in mobile home parks, and for the purpose of providing the inspection necessary to accomplish this, this ordinance and the regulations, standards, and sanctions herein established, and the construction permits, mobile home park licenses, parking permits, and the fees provided therefor, are necessary to accomplish such purposes. U., Section 6: Effective Date: This ordinance shall take effect from and after ten (10) days from its passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing the caption of this ordinance to be published in the official newspaper of the City of Baytown, at least twice within ten days after the passage of this ordinance. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown, this 9th day of May, 1968. ATTEST: Edna Oliver, City Clerk APPROVED: William R. Laughlin, City Attorney Seabor ravey, May