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HomeMy WebLinkAbout159 - 10/20/1987 - AMENDING CITY CODE PERTAINING TO MOBILE HOMES ORDINANCE NO. 159, 1987 OF THE COUNCIL OF THE CITY OF FORT COLLINS BEING AN ORDINANCE AMENDING CHAPTER 18 OF THE CODE OF THE CITY OF FORT COLLINS PERTAINING TO MOBILE HOMES WHEREAS, on June 1, 1967, the Council of the City of Fort Collins adopted Ordinance No. 20, 1967, pertaining to mobile home parks within the City, which Ordinance is contained in Chapter 18 of the Code of the City of Fort Collins; and WHEREAS, the City has experienced some difficulties with respect to the enforcement of said Chapter; and WHEREAS, the Council of the City of Fort Collins has determined that it is in the best interests of the health, safety and welfare of the citizens of the City that said Chapter be repealed in its entirety, and replaced with a Chapter which better addresses contemporary health and safety issues within mobile home parks in the City; and WHEREAS, the City Council has determined that it is in the best interest of the citizens of the City that provision be made for minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling among other things, the use and occupancy, location, installation and maintenance of mobile homes and mobile home parks within the City; and WHEREAS, the City Council has further determined that a substantial number of mobile home rental units exist in the City of Fort Collins; and WHEREAS, the promulgation of minimum standards of health and safety is necessary in order to insure that all mobile home rental units are habitable. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF FORT COLLINS that Chapter 18 be and hereby is repealed in its entirety and readopted to provide as follows: Chapter 18 MOBILE HOMES Section 18-1. Purpose and scope. (a) Purpose. The purpose of this Chapter is to provide for the continued maintenance of mobile home communities, existing at the time of the effective date of this Chapter and those constructed thereafter, in a healthy and safe manner based on the standards prescribed herein. (b) Scope. Except where specified otherwise, this Chapter shall apply to all mobile home parks and mobile homes, as defined herein, existing at the time of the effective date of this Chapter and thereafter. Section 18-2. Definitions. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section: Building Official shall mean the Building Permits and Inspections Administrator or authorized representative. Mobile home shall mean a transportable, factory assembled, single family dwelling unit installed on a mobile home lot as prescribed in this Chapter for year-round occupancy and containing living facilities for sleeping, eating, cooking, and sanitation. Mobile homes shall not include camping trailers, motor homes, buses, and similar vehicles normally associated with recreational and other temporary activities, which are licensed or otherwise regulated as such vehicles by the Colorado Division of Motor Vehicles. Mobile home lot shall mean a parcel of land contained within a mobile home park, and operated by the mobile home park, for the placement of a mobile home used exclusively as a single family dwelling. Mobile office unit shall mean a transportable, factory assembled unit designed as temporary office facilities for construction projects or temporary offices associated with commercial , industrial , business, or institutional activities. Mobile home park shall mean a parcel of land which has been planned, improved, or is currently used for the placement of mobile homes and contains more than one mobile home lot. Mobile home park owner shall mean an individual , corporation, firm, partnership or other legal entity having ownership or legal control of a mobile home park. Mobile home rental unit shall mean a mobile home used for the purpose of renting or leasing to a person or persons for residential purposes. Permit shall mean an official document issued by the city permitting construction, alteration or other specified activity within a mobile home park under the provisions of this Chapter and other regulations enacted by the city. Sewer connection shall mean the connection consisting of all pipes, fittings and appurtenances from the drain outlet of the mobile home to the inlet of the corresponding sewer rise pipe of the sewerage system serving the mobile home park. Sewer riser pipe shall mean that ,portion of the sewer lateral which extends vertically to the ground elevation and terminates at each mobile home lot. Water connection shall mean the connection consisting of all pipes, fittings and appurtenances from the water riser pipe to the water inlet pipe of the distribution system within the mobile home. Water riser pipe shall mean that portion of the water supply system serving the mobile home park which extends vertically to the ground elevation and terminates at a designated point at each mobile home lot. Section 18-3. Construction permit required; application; fees; issuance; appeals. (a) Permit Required. It shall be unlawful to develop, construct, alter or enlarge any mobile home park within the city without a valid permit issued by the Building Official for the specific development, construction, alteration or activity proposed. (b) Applications. All applications for permits shall be made in writing to the Building Official and shall contain the following: (1) Name and address of the applicant. (2) Name and address of the owner of the mobile home park. (3) Location and legal description of the mobile home park. (4) Complete plans and specifications of the proposed park (conforming with the requirements of this Chapter, the Zoning Ordinance of the city, utility design standards and street design standards as established by the city) , including the following specific information: a. The area and dimensions of the tract of land. b. The number, location and size of all mobile home lots. C. The location, design, and width of roadways and pathways. d. The location of service buildings and any other proposed structures. e. The location and size of water and sewer lines and riser pipes, and fire hydrants, and the location and details of lighting and electrical systems. f. Identification of flood hazard areas and provisions for flood hazard reduction as may be required elsewhere in this Code. g. Complete landscaping plans identifying size and location of all plant materials, irrigation systems and ground coverings. h. Such further information as may be necessary to determine if the proposed park will comply with the Code. (c) Fees. All applications shall be accompanied by a fee equal to that set forth in the city building code as adopted in Chapter 5 of the Code. (d) Permit Issuance. When the activity as proposed in such application is determined to comply with the requirements of this Chapter and any regulations issued hereunder, and all other applicable city ordinances and regulations, a permit shall be issued. (e) Appeals. Any person whose application for a permit under this Chapter has been denied may request and shall be granted a hearing on the matter before the Building Review Board under the procedure provided by this Chapter. Section 18-4. Inspections. (a) Installation Inspections Reauired. No mobile home installed after the effective date of this Chapter shall be occupied without first having been inspected for conformance with the applicable standards specified in this Chapter and a certificate of inspection issued therefor by the Building Official . Nothing herein shall preclude a preliminary inspection of any mobile home prior to installation on a mobile home lot for assessment of conformance with this Chapter as far as such inspection may reveal . An inspection fee of twenty-five dollars ($25. ) shall be paid prior to the performance of any inspection pursuant to this paragraph; and, with regard to preliminary inspections, all costs to the city to accomplish such inspection shall also be paid prior to such inspection. (b) Mobile Home Rental Unit Inspection. No mobile home rental unit existing at the time of the effective date of this Chapter or thereafter shall be occupied without first having been inspected for conformance with the applicable standards specified in this Chapter and a certificate of inspection issued therefor by the Building Official . Every existing mobile home rental unit shall be inspected within sixty (60) days of the effective date of this Chapter, and every mobile home rental unit installed thereafter shall be so inspected within sixty (60) days after installation. Reinspection of mobile home rental units shall occur at least once every five (5) years, and upon such inspection, the Building Official shall issue a certificate of reinspection upon a finding of conformance with the applicable standards specified in this Chapter. (c) Compliance Inspections. In addition to the foregoing, the Building Official is hereby authorized, empowered and directed to make such other inspections as are necessary, from time to time, to determine satisfactory compliance with this Chapter and the regulations issued hereunder. (d) Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this Chapter, or whenever the Building Official has reasonable cause to believe that there exists in any mobile home, mobile home lot or mobile home park any condition or violation which makes such mobile home, lot or park unsafe, dangerous or hazardous, the Building Official may, at his discretion, enter such mobile home, lot or park at all reasonable times to perform any inspection or other duty imposed upon the Building Official by this Chapter. If such mobile home or mobile home lot is occupied, the Building Official shall first present proper credentials and request entry. If such mobile home or mobile home lot is unoccupied, the Building Official shall first make a reasonable effort to locate the owner or other persons having charge or control of the mobile home or premises and request entry. If such entry is refused, the Building Official shall have recourse to every remedy provided by law to secure entry. (e) Owner Access. It shall be the duty of every occupant of a mobile home lot to give the owner thereof or his or her agent or employee access to any part of such mobile home lot at reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with this Chapter and the regulations issued hereunder, or with any lawful order issued pursuant to the provisions of this Chapter. Section 18-5. Notices of violations; hearings; orders. (a) Notification. Whenever the Building Official determines that there are reasonable grounds to believe that there has been a violation of any provision of this Chapter or the regulations issued hereunder, the Building Official shall give notice of such alleged violation in the following form: (1) Such notice shall be in writing; (2) Such notice shall include a statement of the reasons for its issuance; (3) Such notice shall allow a reasonable time for the performance of any act it requires; (4) Such notice shall be served upon the mobile home park owner, mobile home owner, agent, or tenant, as the case may require, provided that such notice or order shall be deemed to have been properly served upon such party when a copy thereof has been sent by certified mail to said party's last known address as shown on the most recent real property tax rolls of Larimer County, Colorado, or when such notice has been served by any method authorized or recognized by the laws of Colorado for service of process; and (5) Such notice shall contain an outline of remedial action which, if taken, will effect compliance with the provisions of this Chapter and the regulations issued hereunder. (b) Hearings. Any person affected by any notice which has been issued in connection with the enforcement of any provision of this Chapter or any regulation issued hereunder may request and shall be granted a hearing on the matter before the Building Review Board provided that such person shall file with the Building Official a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within ten (10) days after the day the notice was served. The filing of the request for a hearing shall operate as a stay of the notice and of the suspension until issuance of an order by the Building Review Board. Upon receipt of such petition, the Building Official shall schedule a hearing of the matter before the Building Review Board at its next regular meeting. At such hearing the petitioner shall be given an opportunity to be heard and to show cause why such notice should be modified or withdrawn. (c) Findings and Remedies. After such hearing the Building Review Board shall make findings as to compliance with the provisions of this Chapter and the regulations issued hereunder, which findings shall be in writing and become a part of official records. Upon failure to comply with any order of the Building Review Board sustaining or modifying the notice of the Building Official , the mobile home park owner, mobile home owner, agent, or tenant shall be subject to all remedies as provided by law. (d) Final decisions of the Building Review Board are subject to the right of appeal to the City Council as set forth in Chapter 2 of the Code. Section 18-6. Mobile home park management. (a) Designation of manager. Every mobile home park owner shall designate a person to act as manager of the park for the purpose of providing supervision of such mobile home park. Such manager shall be accessible to park residents and the public during reasonable and convenient times. An emergency telephone number shall be posted in a conspicuous location near the park entrance or on-site manager's office. (b) Posting regulations. A copy of this Chapter, and any required state, county and city permits and licenses, shall be available for inspection by all residents of every mobile home park in the on-site manager's office, when such office exists. (c) Park maintenance. It shall be the responsibility of every mobile home park owner to maintain the park in a clean, orderly, safe, and sanitary condition at all times, and in conformance with the following requirements: (1) Every mobile home park shall be provided with weekly trash removal at each mobile home lot or provide communal trash containment in approved vermin proof containers as specified by the county Health Department. Trash shall be transported off-site and permanently deposited in approved disposal sites. (2) Every mobile home park owner shall be responsible for insuring that no discarded, abandoned or waste materials (including, without limitation, household appliances, furniture, inoperative vehicles, tires, lumber, building supplies, or any similar items) remain outdoors in the mobile home park. (3) Every mobile home park owner shall be responsible for maintaining in good condition all common landscaping in the park. All grass covered common areas shall not be permitted to grow to a height in excess of six (6) inches. (4) All park utility service connections, including, without limitation, electric, water, sewer, and gas shall be maintained in a condition such that the public health and safety is not threatened and in conformance with applicable building, plumbing, mechanical and electrical codes. ( 5) Every mobile home park shall be provided with an identification sign at the park entrance with the park name and street address written in letters of sufficient size and contrast as to be easily visible from the public street frontage. Every mobile home lot shall be identified with numbers of sufficient size and contrast as to be easily visible from the park street frontage. (d) Lot Maintenance. Mobile home residents shall be responsible for maintaining mobile home lots on which they reside in a clean, well maintained and sanitary condition. Section 18-7. Park utilities and fire protection. (a) Park utilities. Every mobile home park shall be provided with water, sewer, electric, and, where available, gas utilities. Such utilities shall be designed and installed with appropriate distribution systems supplying each mobile home lot in accordance with the plumbing, mechanical , and electrical codes as adopted by the city. All mobile home sewer connections shall be water tight and all cross connections in the potable water distribution system supplying all mobile homes shall be eliminated. Every mobile home frame shall be electrically grounded by means of an approved metallic water pipe ground or approved ground rod. Every mobile home shall be supplied with electricity by a service outlet rated at one hundred twenty/two hundred forty (120/240) volts alternating current (AC) and not less than fifty (50) amperes. Such service outlets shall be located not more than twenty-five (25) feet from the mobile home. (b) Mobile home park fire protection. Every mobile home park shall be provided with fire protection water supply, fire hydrants, and fire department access as specified in the city fire code. Section 18-8. Mobile home installation standards and permits. (a) Approved mobile homes. No mobile home shall be installed or placed upon a mobile home lot after the effective date of this Chapter, unless such mobile home bears a label or has equivalent documentation certifying that the mobile home was constructed in accordance with the Federal Manufactured Home Construction and Safety Standards Act of 1974, or NFPA 501, ANSI 119.1, or equivalent. Mobile homes manufactured prior to such standards may be installed in the city subject to approval on an individual basis by the Building Official , upon finding that such mobile home is in a safe, sound physical condition and meets all other provisions of the standards specified in this section. In addition, every mobile home installed after the effective date of this Chapter shall meet all of the following conditions: (1) The mobile home shall have an operable, approved smoke detector installed adjacent to sleeping rooms as prescribed by the city building code or other applicable Federal standards. (2) The mobile home shall be equipped with two (2) operational exit doors. (3) The mobile home shall have all fuel-burning heating equipment as defined in the city mechanical code, including furnaces and water heaters, within the mobile home inspected by a qualified service technician, as determined by the Building Official , and found to be in safe operating condition. (4) All electrical wiring and distribution equipment within the mobile home shall be in safe working condition, and shall conform to nationally recognized standards which were applicable at the time of the construction of said mobile home. (5) All plumbing fixtures, drainage piping, and water piping within the mobile home shall be in safe working condition. (6) The mobile home is determined by the Building Official to be generally in sound physical condition. (b) Mobile home installation permit required. No mobile home shall be installed on a mobile home lot after the effective date of this Chapter without first obtaining a mobile home installation permit for each such installation from the Building Official . A fee of twenty-five dollars ($25.) shall be paid to the city prior to issuance of each such permit. No permit shall be issued for installation of any mobile home not in compliance with the requirements of this section. The application for such permit shall contain the following: (1) Name(s) of the mobile home owner. (2) Make, model , and place of'origin of the mobile home. (3) The proposed location of the mobile home, indicating mobile home park, and lot identification. (c) Mobile home installation standards. Every mobile home installed after the effective date of this ordinance shall comply with the following installation standards: (1) Site preparation and foundations. All foundation pad sites shall be cleared of vegetation, on undisturbed soil or approved fill and be graded such that supporting piers are plumb. The pier base shall be two (2) solid concrete blocks which provide a sixteen (16) inch by sixteen (16) inch by four (4) inch thick pad or a single concrete pad equivalent in size. Supporting piers shall be constructed of nominal eight (8) inch by eight (8) inch by sixteen (16) inch, celled concrete blocks placed directly on the pad and perpendicular to the main frame members of the mobile home and capped with a solid, nominal four (4) inch by eight (8) inch by sixteen (16) inch concrete block. Piers shall be spaced a maximum of eight (8) feet on center and be placed within five (5) feet of anchorage and be centered under frame members. End piers shall not be more than five (5) feet from the end of the mobile home. Piers greater than thirty-six (36) inches high shall be constructed with double-stacked blocks specified above. Piers greater than forty-eight (48) inches high shall be constructed of interlocking concrete blocks bonded together with approved mortar and grouted full or equivalent. Piers greater than seventy-two (72) inches high shall be designed by a qualified professional . Shims shall be used to level the mobile home and shall not exceed four (4) inches in thickness and shall be adequate to provide full bearing under the frame member. (2) Anchoring. Every such mobile home installed shall have an anchoring system installed which will prevent uplift, sliding, rotation, and overturning. Such system shall be composed of approved cables, eyebolts, straps and other hardware sufficient to withstand a tensile load of four thousand seven hundred twenty-five (4,725) pounds at each anchor connection without failure, creep, or withdrawal . All such hardware shall be corrosion resistant coated steel or equivalent. For mobile homes fifty (50) feet in length or less, two (2) anchors along each side shall be provided. For mobile homes fifty (50) feet to seventy (70) feet in length, three (3) anchors shall be provided along each side. For mobile homes greater than seventy (70) feet in length, four (4) anchors shall be provided along each side. (3) Landings and porches. Every such mobile home installed shall be provided with a thirty (30) inch by thirty (30) inch landing or porch within eight (8) inches, measured vertically, of the entrance doorway, threshold. Such landing or porch shall be served by stairs or ramp, guardrails, and handrails constructed in accordance with the city building code. (4) Utility service connections. All utility service connections shall be installed and maintained in accordance with applicable city codes and shall be securely attached and supported as necessary. Water lines and connections shall be protected from freezing in an approved manner. Sewer connections shall be sealed in an approved manner at the point of connection to park services and shall be entirely under the mobile home. Gas valves shall be of an approved type. A pressure test as prescribed in the city mechanical code shall be performed on mobile home gas piping systems. (5) Skirting. Every such mobile home installed shall be provided with perimeter skirting between the ground and bottom of the mobile home floor within thirty (30) days after utility connections are made. Such skirting shall be of a durable, rigid, weather-resistant material approved for such use, such as exterior plywood, fiberglass, or equivalent material . Skirting shall be securely attached to the mobile home to prevent unsupervised access to mobile home utility connections. Combustible storage shall be prohibited under mobile homes, provided however, that tires mounted on wheels which are needed for transporting the mobile home shall be permitted to be stored under such mobile home. Section 18-9. Accessory buildings, additions and alterations to mobile homes. (a) Accessory buildings. Permanent accessory buildings, including without limitation, carports, garages, decks, porches, patio covers, and storage buildings, may be constructed in a mobile home park provided the following conditions are met: (1) All such structures are expressly authorized in writing by the park management. (2) All such structures are not dependent on the mobile home for structural support unless sufficient evidence otherwise is provided which demonstrates such a mobile home meets structural requirements for the additional loads. (3) A city building permit is obtained when required. (4) All such structures meet construction requirements specified in city codes. (b) Additions and alterations. Additions and alterations to mobile homes shall be permitted provided that such additions and/or alterations comply with the requirements set forth in subsections (a) (1) (3) and (4) above. Replacement of heating equipment as defined in the city mechanical code, in a mobile home shall require a city building permit for mechanical work. Section 18-10. Mobile home rental units. Every mobile home rental unit shall , in addition to the other applicable provisions of this Chapter, conform to the following requirements: (1) Every such mobile home rental unit shall conform to the housing standards known as the "Nonowner-occupied Housing, Health, and Safety Code" of the city as contained in Chapter 5 of the Code. (2) Every such mobile home rental unit (whether existing or new) shall conform to the requirements of Section 18-8(a) and Section 18-8(c) (4) and (5) of this Chapter. (3) Every mobile home rental unit which is found not to conform with this section shall be brought into conformance within sixty (60) days following inspection. The owner(s) and occupant(s) of every mobile home rental unit which is found not to conform with this section shall be notified as prescribed in this Chapter of all deficiencies causing such non-conformity and corrective action necessary for issuance of a certificate authorizing habitation. Subject to the right of appeal and determination by the Building Review Board as set forth in Section 18-5 of this Chapter, every mobile home rental unit which is deemed to be deficient and is not in substantial conformance with this section within the time specified shall be declared a public nuisance and be posted by the Building Official as being unfit for habitation and shall be vacated within ten (10) days of such posting. Every mobile home rental unit so posted shall not be permitted to remain in any mobile home park more than ninety (90) days after the date of such posting. Section 18-11. Miscellaneous park requirements. (a) Soil and around cover requirements. Exposed ground surfaces in all parts of every mobile home park shall be paved, or covered with other solid material , or protected with a vegetative growth that is capable of preventing soil erosion and of eliminating objectionable quantities of dust. (b) 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. Any enlargement to a mobile home park shall conform to regulations relating to flood hazard areas specified elsewhere in this Code. (c) Park areas for nonresidential uses. No part of any park shall be used for nonresidential purposes, except as otherwise permitted in the Zoning Ordinance of the city and such uses that are required for the direct servicing and well -being of mobile home park residents and for the management and maintenance of the mobile home park. (d) Park street system. Access roads, internal streets, roadways and pathways in mobile home parks constructed after the effective date of this Chapter shall be designed and constructed in accordance with established city standards and shall be approved by the Director of Engineering and City Traffic Engineer prior to construction. Parks existing at the time of the effective date of this Chapter shall have such vehicular and pedestrian ways maintained in a safe and functional condition as determined by said city officials or their authorized representatives. (e) Park lighting. All mobile home parks shall be furnished with lighting units so spaced and equipped with luminaries placed at such mounting heights as will provide for the safe movement of pedestrians and vehicles at night. The following standards shall serve as general design criteria for determining necessary lighting: (1) All parts of the park street systems; six-tenths (0.6) average footcandle, with a minimum of one-tenth (0.1) footcandle. (2) Potentially hazardous locations, such as major street intersections and steps or stepped ramps; individually illuminated, with a minimum of three-tenths (0.3) footcandle. Section 18-12. Mobile office units. (a) Temporary construction facilities. A mobile office unit may be used as temporary facilities for any construction project in the city provided a valid building permit has been issued for such project by the Building Official . (b) Temporary offices. A mobile office unit may be used to house temporary offices provided the following conditions are met: (1) The proposed office use and location conforms to the city zoning regulations. (2) Any such mobile office unit has documentation certifying that it has been manufactured in accordance with nationally recognized standards. (3) All installation standards of this Chapter are met and an installation permit as specified in this Chapter is obtained for any such mobile office unit. (4) Any such unit is anchored to the ground as specified in this Chapter. (5) All utility connections are inspected as provided in this Chapter, and comply with the requirements of this Chapter. (6) Any such mobile office unit complies with the city building code regarding exits and handicapped accessibility. (7) Any such unit is inspected and a certificate of inspection issued therefor as prescribed in this Chapter prior to occupancy. (8) Any such unit shall be limited to use as a temporary office for a period of one (1) year from the date of the certificate of inspection. After such time the mobile office shall be removed from the site unless the mobile office is deemed to conform to all city regulations for a permanent structure with all applicable permits issued and fees paid therefor. (9) Any such unit shall be provided with fire protection water supply, fire hydrants, and fire department access as specified in the city fire code. (c) Right-of-way encroachment. No mobile office unit shall be placed on or encroach into the public right-of-way without specific written permission for such encroachment from the Director of Engineering. Introduced, considered favorably on first reading, and ordered published this 6th day of October, A.D. 1987, and to be presented for final passage on the 20th day of October, A.D. 1987. ay ATTEST:� City Clerk Passed and adopted on final reading this 20th day of October, A.D. 1987 and published in summary form as amended. Ma TTEST: City Clerk