85-09 O - Regulation of Mobile Homes ORDINANCE NO. Y5- 7
4N AN ORDINANCE REGULATING THE MOVEMENT AND LOCATION OF .MOBILE HOMES WITHIN
4 THE CITY LIMITS OF THE CITY OF PROSPER, TEXAS; PROVIDING FOR A .PERMIT
v► FOR THE SITING OF A MOBILE HOME; ESTABLISHING STANDARDS FOR THE ANCHOR-
ING OF MOBILE HOMES; PROVIDING FOR PENALTIES; AND DECLARING AN EMERGENCY
WHEREAS, the moving of mobile homes through the city can have a
substantial negative impact on the streets and on the services provided
by the City of Prosper, Texas; and,
WHEREAS, in times of severe weather proper anchoring is required to
assure the safety of the inhabitants of mobile homes; and,
WHEREAS, the City Council having examined the issues and determined
that for the safety of the citizens of the City of Prosper, Texas , it is
necessary to immediately establish regulations for the moving, siting ,
and anchoring of mobile homes;
AleIT IS THEREFORE ORDAINED BY THE CITY COUNCIL OF THE CITY OF PROSPER, TEXAS:
Section 1.
Definitions. "Mobile home" shall mean any prefabricated, manufac-
tured, or modular structure intended to be used as a residence or place
of business on a regular or permanent basis which is capable of being
moved located or relocated, and which is not equipped with permanent,
non-removable wheels and which is not self-propelled.
"Anchor" shall mean to provide a mechanical connection between a
mobile home and the ground adequate to comply with the standards estab-
lished by the Texas Industrial Commission to assure the safety of the
residents of such mobile home during times of severe weather; provided,
however , that should the building codes of the City of Prosper , Texas now
in existence or hereafter adopted or amended provide higher standards for
the establishment of such mechanical connection such higher standards
shall apply in all cases.
"Travel trailer" shall mean a manufactured or prefabricated structure
intended for temporary residence and affixed with permanent wheels.
A,
"Motor home" shall mean a self-propelled vehicle suitable for tempor-
ary residence.
Section 2 .
No person shall move , transfer, or relocate a mobile home within the
city limits of the City of Prosper without a permit; provided, however ,
that this provision shal,1 not apply to any mobile home which is being
transported through the City of Prosper on a state highway or a farm and
market road.
Section 3.
No person shall place a mobile home on any semi-permanent or permanent
location, connect any mobile home to any utility or occupy or permit a
mobile home to be occupied without a certificate of occupancy issued by
the City of Prosper, Texas. For the purposes of this section, a mobile
home or travel trailer which is occupied for a period exceeding one ( 1 )
week shall be deemed a mobile home and such occupancy shall not be lawful
.
unless a certificate of occupancy is obtained as herein provided. No
certificate of occupancy for a mobile home or for a travel trailer or
motor home which is, under this section, deemed to be a mobile home may be
11,04.0 issued without evidence that the said mobile home, motor home or travel
trailer is anchored as hereinabove defined.
Section 4 .
Upon receipt of a signed application, payment of a $10 .00 fee and
receipt of the information hereinafter set forth , the City Secretary shall
issue a permit to move a mobile home. Such permit shall be valid for a
period not to exceed thirty ( 30 ) days from the date of issue and may be
cancelled or revoked if all the information hereinafter set forth is
not provided or if any of said information is incorrect. Upon application
for such permit, the applicant shall provide the following :
1. name and address of applicant;
2 . description of the mobile home, including make , model number and
serial number as well as year of macture;
3 . the name of the person or firm to perform the moving and a state-
ment as to whether or not such person or firm is licensed or
certified;
4 . the location of said mobile home at the time of application and
the location to which the mobile home is to be moved together
Ile with a statement of the route to be taken;
5. a description of the foundation to be used and the means of
anchoring the said mobile home at its new location and a state-
that such anchoring meets all required standards;
6 . a certification that said mobile home complies with all of the
standards of the Texas Industrial Commission with regard to
safety and habitability ;
7 . a statement that all necessary permits have been obtained and
tap fees paid for the purpose of connecting such mobile home
to the appropriate utilities.
If any of such information is not provided, the City Secretary may
refuse to issue said permit in which event the applicant shall have the
right to appeal to City Council at its next regular or special meeting .
Section 5 .
A violation of any of the provisions of this oridnance shall be
deemed a misdemeanor and shall be punishable by a fine not to exceed
$200.00. In the event a violation is a continuing violation, each day
such violation continues shall be deemed a separate offense for the
purposes of this provision.
Section 6.
If any provision of this ordinance is for any reason held to be
unconstitutional or unenforceable , the validity of the remaining portion
of the ordinance shall not be affected thereby.
Section 7.
City Council of the City of Prosper , Texas , having determined that
the immediate application of this ordiance is necessary for the protection
of public health, safety, and welfare and in particular to assure the
safety of the occupants of mobile homes during periods of extreme weather,
this ordiance shall be effective immediately upon its passage and publica-
tion.
DULY ADOPTED BY THE CITY COUNCIL F PROSPER, TEXAS, this the
day of , 1985. /
/4
Ma r
ATTEST:
City Secretary
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