HomeMy WebLinkAboutORD 1998-050 # ORDINANCE NO. 98-50
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS AMENDING THE CODE OF
ORDINANCES BY AMENDING CHAPTER 24 TRAILERS AND
TRAILER PARKS; PROVIDING A PENALTY OF FINE NOT
TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000.00) FOR EACH OFFENSE AND A SEPARATE
OFFENSE SHALL BE DEEMED COMMITTED EACH DAY
DURING OR ON WHICH AN OFFENSE OCCURS OR
CONTINUES; PROVIDING A SEVERABILITY CLAUSE;
DECLARING AN EMERGENCY AND PROVIDING AN
EFFECTIVE DATE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE,
TEXAS:
Section 1. That Chapter 24 Trailers and Trailer Parks is hereby amended in its
entirety to read per the attached Exhibit "A".
�;:-� Section 2. Any person violating any of the provisions of this ordinance shall be
deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an sum not
to exceed Two Thousand Dollars ($2,000.00) for each offense and a separate offense shall
be deemed committed each day during or on which an offense occurs or continues.
Section 3. If any section, article, paragraph, sentence, clause, phrase or word in
this ordinance, or application thereto any person or circumstances is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance; and the City Council hereby declares
it would have passed such remaining portions of the ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
Section 4. The fact that the present ordinances and regulations of the City of
Grapevine, Texas are inadequate to properly safeguard the health, safety, morals, peace
and general welfare of the inhabitants of the City of Grapevine, Texas, creates an
emergency for the immediate preservation of the public business, property, health, safety
and general welfare of the public which requires that this ordinance shall become effective
from and after the date of its passage, and it is accordingly so ordained.
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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
- GRAPEVINE, TEXAS on this the 5tn day of May , 1998.
APPROVED:
William D. Tate
Mayor
ATTEST:
n a Huff
City Secretary
APPROVED AS TO FORM:
� . _ ,� r s`� �
�—
. John F. Boyle, Jr. ,: �
City Attorney
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ORD. NO. 98- 50 2
EXHIBIT"A"TO ORD. 98-50
Page 1 of 17
Chapter 24
MANUFACTURED HOMES AND MANUFACTURED HOME PARKS*
Sec. 24-1. Definitions.
As used in this chapter, the following terms shall have the respective meanings
ascribed to them:
Manufactured home: A HUD-Code manufactured home or a mobile home and
collectively means and refers to both.
Manufactured home, Trailer coach, trailer, mobile home: Any vehicle or similar
portable structure having no foundation other than wheels, jacks, blocks, or skirting, and
so designed or constructed to permit occupancy for dwelling or sleeping purposes.
Each of said terms shall include the others.
Manufactured home lot, Trailer coach lot, trailer lot, mobile home lot: A unit of
level, adequately drained ground of definite size, clearly indicated by corner markers, for
the placing of a manufactured home or a trailer coach and tow car. Each term shall
include the others.
Manufactured home park, Trailer coach park, trailer park, mobile home park:
� .� Any site, lot, field, or tract of ground upon which two (2) or more trailer coaches are
placed, and shall include any building, structure, tent, vehicle or enclosure, used or
intended for use, as a part of the equipment of such park. Each term shall include the
others (Ord. No. 64-5, § 1, 4-21-64; Ord. No. 68-22, § 1, 9-3-68; Ord. No. 70-11, § 1, 3-
3-70)
Sec. 24-2. Location of mobile homes outside mobile home parks deemed
unlawful.
It shall be unlawful for any person to locate or maintain any manufactured home
in any place in the city other than in a duly licensed and lawful mobile home park. (Ord.
No. 82-37, § 1, 6-15-82)
Sec. 24-3. Manufactured Home Construction
It is unlawful for any person to place a manufactured home in a licensed mobile
home park that is not constructed, installed, and maintained in compliance with the
Texas Manufactured Housing Standards Act (VATS Art. 5221 fl, and with all laws, rules,
and regulations promulgated by the Texas Department of Housing and Community
Affairs pursuant to that Act, except for manufactured homes approved prior to May 25,
�"� ' 1998.
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EXHIBIT"A" TO ORD. 98-50
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It is unlawful for any person to place a manufactured home in the city limits that is
not constructed, installed, and maintained in compliance with the Texas Manufactured
Housing Standards Act and with all laws, rules, and regulations promulgated by the
� F Texas Department of Housing and Community Affairs pursuant to that Act, except for
manufactured homes, trailer coach, trailers, mobile homes located in the city limits prior
to May 5, 1998.
24-4. Permitted Accessory Uses
It shall be unlawful for anyone licensed to operate a manufactured home park to
allow any person to construct or permit to be constructed, erect, enlarge, alter, repair, or
improve a permitted accessory use regulated by this code until a building permit has
been issued by the Building Inspection Department of the City of Grapevine. The
building permit application must be prepared and filed by the person licensed to operate
the manufactured home park. A building permit will not be required for the placement of
a manufactured home on a manufactured home lot.
A building permit may be issued for the following permitted accessory uses:
1. One (1) accessory building per lot. An accessory building, one hundred
twenty (120) square feet or less, finished in appearance to match or as
similar in appearance as possible to the exterior of the manufactured
- home to which it is accessory. The accessory building must be located six
(6) feet from any manufactured home, with no less than twelve (12) feet
�..� between accessory buildings on adjacent lots, and fifteen (15) feet from
any public right-of-way.
2. Unenclosed carport attached to or detached from the manufactured home.
A carport shall not extend into the manufactured home park driveway and
shall be set back a minimum of twenty (20) feet from any public right-of-
way.
3. Unenclosed patio covers.
Sec. 24-5. Manufactured Home Park license—Required.
It shall be unlawful for any person to maintain or operate within the city any
manufactured home park unless such person shall first obtain a license therefor. (Ord.
No. 64-5, § 3, 4-21-64)
Sec. 24-6. Same—Application.
1. Applications for a manufactured home park license shall be filed with the
city council, and upon approval by the city council, the city secretary shall
"� " issue the license.
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EXHIBIT"A" TO ORD. 98-50
Page 3 of 17
2. Applications shall be in writing, signed by the applicant, and shall contain
the following:
� �' (a) The name and address of the applicant.
(b) The location and legal description of the manufactured home park.
(c) A complete plan of the park showing compliance with Section 24-8.
(d) Plans and specifications of all buildings and other improvements
constructed or to be constructed, including water, sewer, gas,
electricity, telephone, garbage disposal.
(e) Such further information as may be requested by the city council, to
enable it to determine if the manufactured home park will comply
with the legal requirements.
3. The applicant and all accompanying plans and specifications shall be filed
in triplicate. The city building o�cial, city secretary, and city planning and
zoning commission shall investigate the applicant, and inspect the
proposed plans and specifications. Each of them shall then make a report
to the city council concerning such applicant and include therein their
>�,-� recommendations relative to the issuance of a license. If the
manufactured home park is in compliance with all provisions of this
�� chapter and all other applicable ordinances or statutes, the city council
may approve the application, and in the case of proposed parks, make
such approval contingent upon completion of the park according to the
plans and specifications submitted with the application. After approval of
the park by the city council, before any work is started, there shall be a
building permit acquired from the building official. The city secretary, at
the direction of the city council, shall issue the license. (Ord. No. 64-5, §
5, 4-21-64; Ord No. 70-28, § 1, 9-15-70)
Sec. 24-7. Same—Fees; renewal.
The license for a manufactured home park shall be obtained from the city
secretary at a fee of ten dollars ($10.00) for the first three (3) units, or fraction thereof,
and fifteen dollars ($15.00) for the next seven (7) units, or fraction thereof, and the sum
of one dollar ($1.00) for each additional unit. Such license shall expire on December
thirty-first (31) of the year in which it is issued. The cost of any license secured having
less than a year to run before the expiration period, as herein provided, shall be
prorated; such license shall not be issued for less than a minimum fee of ten dollars
($10.00). Application for renewal of license shall be submitted thirty (30) days prior to
expiration, and a renewal fee paid for a full twelve (12) months period thereafter. (Ord.
{° � No. 64-5, §§ 2(A), 5A, 4-21-64; Ord. No. 66-20, 5-17-66; Ord. No. 77-21, § 2(A), 1-19-
71; Ord. No. 72-14, Pt. 1, 4-4-72)
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EXHIBIT"A" TO ORD. 98-50
Page 4 of 17
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Sec. 24-8. Manufactured Home park plan.
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The manufactured home park shall conform to the following requirements:
1.The park plan required by section 24-6 shall provide a legal description and
map clearly setting out the following information:
(a) The extent and area to be used for park purposes;
(b) Driveways at entrances and exits, roadways and walkways;
(c) Location of sites for manufactured homes;
(d) Location and number of proposed sanitary conveniences, including
proposed toilets, washrooms, laundries, laundry drying space, and
utility rooms;
(e) Method and plan of sewage disposal;
(fl Method and plan of garbage disposal;
(g) Plan of water supply;
(h) Plan of electric lighting;
(i) Such further information as may be requested by the council. (Ord.
No. 64-5, § 6, 4-21-64; Ord. No. 68-22, § 3, 9-3-68; Ord. No. 70-
28, § 9-15-70)
(j) For each manufactured home lot there shall be one and one-half
. (1-'/2) off-street parking spaces provided.
�,;e.� (k) The park shall be located on a well drained site, properly graded to
ensure rapid drainage and freedom from stagnant pools of water.
Manufactured home spaces shall be provided, consisting of a
minimum of five thousand (5,000) square feet for each space,
which shall be at least fifty (50) feet wide and clearly defined.
(I) All driveways and walkways shall be hard surFace and well marked
in the daytime and lighted at night. All driveways shall be paved to
meet the requirements of Section 58.B. of the Appendix D Zoning
Ordinance, except for driveways established prior to May 5, 1998.
Sec. 24-9. Water supply, garbage removal and sanitary sewer.
Every manufactured home park shall have city water connections furnishing an ample
and adequate supply of water and shall be connected with the sanitary sewer and
adequate provisions shall be made for the collection and removal of water and garbage;
provided, where the sanitary sewer is not available, an approved septic tank system
shall be installed and maintained of the type recommended and approved by the state
board of health.
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EXHIBIT"A"TO ORD. 98-50
Page 5 of 17
1. Each manufactured home park for utility billing purposes shall utilize a
single master water meter of sufficient size to provide water service to the
park.
2. The Director of Public Works is hereby authorized to install and maintain a
single master water meter for each manufactured home park. Water
usage on a monthly basis will be recorded for utility billing purposes and a
bill will be rendered to the owner of record of the trailer park.
3. The manufactured home park utility service shall also comply with and be
governed under Chapter 25, (Utilities and Services of the City of
Grapevine Code of Ordinances). (Ord No. 64-5, § 7, 4-21-64; Ord. No.
91-22, § 1, 5-7-91)
Sec. 24-10. Register of occupants.
It shall be the duty of the licensee to keep a register containing a record of all
manufactured home owners and occupants located within the park. The register shall
contain the following information:
1. Name and address of each occupant.
�- n 2. The make, model and year of all motor vehicles and manufactured homes.
�.,,� 3. License number and owner of each manufactured home and motor vehicle by
which it is towed.
4. The state issuing such license.
5. The date of arrival and of departure of each manufactured home.
The park manager shall keep the register available for inspection at all times by
law enforcement officers, public health officials and other officials whose duties
necessitate acquisition of the information contained in the register. The register records
shall not be destroyed for a period of two (2) years following the date of registration.
(Ord. No. 64-5, §8, 4-21-64)
Sec. 24-11. Minimum responsibilities of manufactured home, landlord, lessor,
sub-lessor, and manager.
1. The owner, landlord, lessor, sub-lessor, and manager of a manufactured
home shall provide and maintain in a structurally sound and operative
condition, all installed systems including but not limited to plumbing, electrical,
heating, air conditioning systems as well as:
a. The structure;
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EXHIBIT"A" TO ORD. 98-50
Page 6 of 17
b. All water and sewer systems;
'" � c. All bathroom facilities including water closets, showers, tubs, and
lavatories;
d. All water-heating systems;
e. All window panes;
f. Railings for stairs, steps, balconies, porches, and elsewhere as specified
in the building code in effect at time of construction of the building; it is an
affirmative defense to this subsection that the railing, stairs, balcony, or
porch has been rebuilt fifty-one (51) percent or more and that it is in
compliance with the building code in effect at the time it was rebuilt;
g. Floors, walls, ceilings and all supporting structural members in a sound
condition, capable of bearing imposed loads safely, in conformity with the
building code in effect at the time of construction of the building;
h. Chimney flues and vent attachments;
i. Supply lines for electrical service to each dwelling unit intended for human
occupancy;
~ j. Electrical circuits and outlets in compliance with the currently adopted
edition of the City of Grapevine Electrical Code;
k. Parking lots, fire lanes, driveways, and required paved areas with tegible
parking and fire lane marking in compliance with all applicable laws;
I. Any vehicular or pedestrian access control devices in compliance with all
applicable city ordinances;
m. All fire, carbon monoxide, and smoke detection systems, extinguishing
appliances and systems, fire alarm systems, fire hydrants, and portable
fire extinguishers in compliance with all applicable laws;
n. Any swimming pool, spa, and pool fences and gates in compliance with all
applicable laws;
oe Floors, walls, ceilings, and all structural members of accessory structures;
p. All fuel supply lines to each dwelling unit that is heated by natural gas or
"`"' has a water-heating device or stove fueled by natural gas;
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EXHIBIT"A" TO ORD. 98-50
Page 7 of 17
q. Exhaust vents to the exterior of the structure for all water heaters and
heating appliances in compliance with all applicable laws;
r. Deadbolt locks, if any, on exterior doors that are operated from the
exterior by the use of a key, card, or combination and from the inside by a
knob or lever without the use of a key, card, or combination or that need
special knowledge or effort to operate; no person shall install a deadbolt
lock on a manufactured home door that does not comply with state or local
law;
s. Approved security bars over windows and doors, if installed, that are
equipped with approved release mechanisms which are operable from the
inside without the use of a key, card, or combination and that do not need
special knowledge or effort to operate; and
t. All sidewalks, ramps, bridges, parking lots, stairs, and steps.
2. The landlord, owner, lessor, sub-lessor, and manager of a manufactured
home shall:
a. Paint, waterproof, and repair the structure to prevent deterioration due to
the elements. Conditions requiring repair include but are not limited to
% loose siding with holes, excessive cracks, or rotted boards which may
permit air or water to penetrate rooms; loose, missing, or deteriorated roof
��,� covering; holes or leaks in the roof which may cause damage to the
structure or rooms; and rotting, sagging, or deteriorating supports for
steps, stairs, or porches;
b. Cause each manufactured home to be exterminated of insects, rodents,
and other pests at least once a year by an exterminator ticensed by the
State;
c. Repair holes, cracks, and other defects in stairs, railings, porches, steps,
and balconies that may cause injury to a person;
d. Repair holes, breaks, and loose surface materials in or on floors, walls
and ceilings that may pose health or safety hazards;
e. Eliminate holes, excavations, sharp protrusions, and any other object or
condition on the property which ,may cause injury to a person;
f. Securely cover or close all wells, cesspools, and cisterns;
g. Provide drainage to prevent standing and/or stagnant water on the
' premises;
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EXHIBIT"A"TO ORD. 98-50
Page 8 of 17
h. Remove trees and tree limbs and branches that are reasonably capable of
damaging a structure or that are reasonably capable of causing injury to a
person or which are within fourteen (14) feet of each street or fire lane
measured vertically from the surFace of the street or fire lane to the lowest
point of the tree limb or branch;
i. Connect plumbing fixtures and heating equipment that the owner supplies
in compliance with all applicable laws.
j. Connect to a chimney or flue each heating and cooking device that burns
solid fuel or fuel that must be vented to the outside;
k. Maintain the interior of a vacant structure or vacant portion of a structure
free from rubbish and garbage and combustibles;
I. Completely secure all vacant or unoccupied manufactured homes from
unauthorized entry;
m. Store pool chemicals in compliance with all applicable laws;
n. Repair or replace all broken sewer line(s), removing all residue and
treating affected areas with a suitable disinfectant within seventy-two (72)
-. hours of notification that the sewer line is broken;
�,w...� o. Provide and maintain the street address numbers, unit numbers and any
additional signage as required by applicable laws on each manufactured
home, structure, and the property;
p. Maintain in compliance with all applicable laws property screening fences
and all other fences.
3. If the owner, landlord, lessor, sub-lessor, or manager of the manufactured
home furnishes air conditioning as a fixed system, he or she shall ensure that:
a. It is designed to cool the inside of the manufactured home to a
temperature at least twenty (20) degrees cooler than any outside
temperature;
b. It cools the inside of the manufactured home to a temperature of at least
fifteen (15) degrees cooler than the outside temperature when the inside
temperature is measured at a point not less than five (5) feet from an
exterior wall, five (5) feet from the floor, and not in a direct air flow; and
4. If the owner, landlord, lessor, sub-lessor, or manager of the manufactured
" �' home is responsible for payment for electric service, he or she shall ensure
that electricity is provided at all times.
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EXHIBIT"A"TO ORD. 98-50
Page 9 of 17
5. If the owner, landlord, lessor, sub-lessor, or manager of the manufactured
home is responsible for heating fuel, he or she shall ensure that heating fuel
is provided at all times.
Sec. 24-12. Duties of manufactured home park licensee.
1. The licensee and operator shall operate the park in compliance with this
chapter and all other applicable laws and shall provide adequate supervision
to maintain the park and its facilities and equipment and to keep it in a
sanitary condition.
2. The licensee and operator shall notify park occupants of all applicable
provisions of this chapter and inform them of their duties and responsibilities
under this chapter.
3. The licensee and operator shall supervise the placement of each
manufactured home on its manufactured home stand, ensuring safe
installation and set up in compliance with all applicable laws.
4. The licensee shall ensure safe installation of liquid petroleum gas containers
in compliance with all applicable laws and shall ensure that they are securely
- anchored to the ground directly beneath the containers.
__�0 5. The licensee shall prohibit the placing of storage of unsightly material or
vehicles of any kind.
6. The license shall require all manufactured homes to be underpinned with
material similar to the mobile home siding. No corrugated iron, corrugated
aluminum, or corrugated fiberglass may be used for underpinning after May 5,
1998. The underpinning shall be installed within thirty days of the issuance of
a certificate of occupancy for placement of a manufactured home within a
manufactured home park. The material and installation of the underpinning
shall be approved by the Building Official.
7. The licensee shall require that all manufactured homes shall be habitable
when moved into a licensed park. No manufactured home may be stored in
any manufactured home park which is substandard, damaged by fire, wind, or
other causes so as to have become dangerous to life, safety, morals, or the
general health and welfare of the people of the city. It is the responsibility of
the licensee to ensure compliance with this section.
Sec. 24-13. Minimum responsibilities of occupant.
Each occupant shall:
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EXHIBIT"A" TO ORD. 98-50
Page 10 of 17
1. Maintain those portions of the interior of a manufactured home under his/her
control to be free from rubbish, garbage, and other substances that may
encourage infestation by insects, rodents, or vermin, and from all unsanitary
conditions;
2. Keep all occupied areas and all plumbing equipment and facilities in a clean,
sanitary condition at all times;
3. Connect plumbing fixtures and heating equipment that the occupant supplies
and maintain the connections in accordance with the applicable City of
Grapevine Codes;
4. Not alter a manufactured home or its facilities so as to create any
nonconformity with this chapter or any other applicable law;
5. Maintain the manufactured home unit, plot, its facilities, equipment, and
accessory structures in good repair and in a clean and sanitary condition;
6. Place the manufactured home on its stand properly and properly install
utilities in compliance with the instructions of the park manager;
7. Skirt the area under the manufactured home so as to prevent exposure to the
elements and to control infestation;
_. 8. Maintain skirting, porches, awnings, and other additions to the manufactured
home in good repair;
9. Keep the area under the manufactured home clear of flammable and
combustible items.
Sec. 24-14. Conditions or defects constituting an uninhabitable and dangerous
manufactured home.
It is unlawful for any person to allow a dangerous manufactured home to be inhabited.
A manufactured home that has any or all of the following conditions or defects is an
uninhabitable and dangerous manufactured home:
1. Walls or other vertical structural members which list, lean, or buckle in excess
of one-fourth (1/4) inch horizontal measurement for each one (1) foot of
vertical measurement;
2. A supporting member, exclusive of the foundation, which shows thirty-three
(33) percent or more damage or deterioration;
� 3. A non-supporting enclosing outside wall or covering with fifty (50) percent
damage or deterioration;
EXHIBIT"A" TO ORD. 98-50
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4. Damage by fire, explosion, wind, vandalism, or elements of nature so that
there may be a danger to life, safety, morals, or to the general health and
welfare of a person;
5. Parts that may fall and injure a person or property;
6. Any improperly distributed load upon a floor or roof so that it is overloaded;
7. A floor or roof that has insufficient strength to be reasonably safe for the
purpose for which it is used;
8. A foundation that is not free of holes, cracks, buckling, crumbling an defects
as to provide adequate support;
9. A floor, exterior wall, or roof that has holes, cracks, or loose, rotten, warped,
or protruding boards that may injure a person; and
10. An interior wall and ceiling that has holes, cracks, loose plaster, loose and
baggy wallpaper, defective materials, or structural deterioration, that may
defeat the purpose of the wall or ceiling or that may fail to protect the
occupants of the structure from danger of collapse or of fire.
11. A structure that is not securely anchored to the ground and that may cause
� damage to itself, to other manufactured homes, to persons, or to other
property;
12. Any installed system that is not maintained in compliance with the
manufacturer's instructions;
13. Any component that is dilapidated, substandard, or unfit for human habitation
or that may be a hazard to the public health, safety, or welfare;
14. Any manufactured home that, regardless of its structural condition, is
unoccupied by its owners, lessors, or other invitees and is unsecured from
unauthorized entry to the extent that it could be entered or used by vagrants
or other uninvited persons as a place of harborage or could be used by
children.
15. Boarded up, fenced, or otherwise secured in any manner if:
a. The building constitutes a danger to the public even though secured from
entry; or
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b. The means to secure the building are inadequate to prevent unauthorized
entry or use by vagrants or other uninvited persons as a place of
harborage or that could be entered or used by children.
16. Any other condition that may cause death, illness, or injury to any person on
or near the premises.
Sec. 24-15. Elimination of uninhabitable and dangerous manufactured homes.
All uninhabitable and dangerous manufactured home units are public nuisances,
and the owner shall vacate, repair or demolish them or remove them from the city, and
relocate the residents.
Sec. 24-16. Notice.
Upon finding that any manufactured home is a dangerous manufactured home,
the Building Official may:
1. Notify in writing, by mail, or by hand-delivery the owner, lienholder or
mortgagee, as shown by the city's tax roll or the deed records of the
County Clerk:
a. That the owner, lienholder or mortgagee shall vacate or cause the
manufactured home to be vacated immediately;
�µ b. That the owner or landlord shall repair or demolish the
manufactured home or remove it from the city in compliance with
the terms of this section;
c. That the owner, lienholder, or mortgagee, at his or her own risk,
repair or demolish the manufactured home or remove it from the
city or have such work or act done.
d. Of a reasonable time to start and complete the work;
e. Of a description of the manufactured home deemed unsafe, and a
statement of the particulars which make the manufactured home
dangerous and an order requiring the owner, lienholder, or
mortgagee to comply with applicable laws.
2. Appear at all hearings conducted by the Building Board of Appeals and testify as
to the conditions of dangerous manufactured homes.
3. Place a placard notice on all manufactured homes which they determine to be
dangerous and may read as follows:
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EXHIBIT"A" TO ORD. 98-50
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Warning! This structure has been found to be dangerous by the Building Official,
or his designated representative. The structure is to be vacated immediately.
This notice is to remain on this structure until it is repaired or demolished in
' compliance with the notice which has been given the owner, occupant, lessee,
mortgagee, or agent of this structure. It is unlawful to remove this placard.
Sec. 24-17. Violation for failure to obey posted notice.
A person commits an offense if:
1. Without authority from the Building Official, he or she removes or destroys
a placard placed by the Building Official or his designated representative.
2. He or she occupies a manufactured home or other structure on which the
Building Official or his designated representative has placed a placard.
3. As owner and/or property manager of a manufactured home or other
structure he or she permits a person to occupy the manufactured home, or
other structure on which the Building Official or his designated
representative has placed a placard.
Sec. 24-18. Procedure for demolition.
�,.,� 1. If the owner, lienholder, or mortgagee does not comply with the notice to
vacate and demolish or repair or remove a dangerous manufactured home
from the city, the Building Official may set the matter for public hearing
before the Building Board of Appeals and notify the owner, operator, or
manager of the public hearing. The notice shall contain a statement that
the owner, lienholder, or mortgagee will be required to submit at the public
hearing proof of the scope of any work that may be required to comply
with this section and the time it will take to reasonably perform the work.
Mailing a notice by certified mail to the address indicated by city certified
tax rolls or County deed records constitutes notice. If the notice sent to
the owner, operator, or manager is returned undeliverable, and the
Building Official is unable to determine a correct address for the owner,
operator, or manager then notice may be by publication in an official
newspaper circulated in the city at least five (5) days before the public
hearing.
2. At the public hearing, the Building Official may present evidence of the
condition of the manufactured home; and an owner, lienholder, operator,
or mortgagee, may present evidence of relevant issues and will have the
burden of proof to demonstrate the scope of any work that may be
required to comply with this chapter and the time it will take to reasonably
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perform the work.
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3. The Board of Appeals, after hearing evidence from each interested person
present, may:
a. Find that the manufactured home is not in violation of this chapter;
or
b. Find that the manufactured home is in violation of this chapter and
order that it be vacated, secured, repaired, removed, or
demolished, and that the occupants be relocated as follows:
(1) That the owner, lienholder, or mortgagee of the
manufactured home shall within thirty (30) days:
(a) Secure it from unauthorized entry or;
(b) Repair, remove, or demolish the mobile home unless
the owner or lienholder establishes at the hearing that
the work cannot be reasonably perFormed within thirty
(30) days.
(2) If the Buitding Board of Appeals allows the owner, lienholder,
-• or mortgagee more than thirty (30) days to repair, remove or
demolish the manufactured home then the owner, lienholder,
or mortgagee shall follow the specific time schedule
established by the Board of Appeals for the commencement
and performance of the work and shall secure the property
from unauthorized entry while the work is being performed in
a reasonable manner determined by the Building Board of
Appeals.
(3) If the Building Board of Appeals allows the owner, lienholder,
or mortgagee more than ninety (90) days to repair, or
demolish the manufactured home, or fully perForm all work
required to comply with the order, then the owner, lienholder
or mortgagee shall:
(a) Submit a detailed plan and time schedule for the work
at the hearing; and
(b) Establish at the hearing that the work cannot
reasonably be completed within ninety (90) days
because of the scope and complexity of the work;
(c) Regularly submit progress reports to the Building
Board of Appeals to demonstrate that the owner,
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EXHIBIT"A"TO ORD. 98-50
Page 15 of 17
lienholder, or mortgagee has complied with the time
schedule established for commencement and
perFormance of the work or appear before the Building
s Board of Appeals to demonstrate compliance with the
time schedules.
(4) Within ten (10) days after the date the order is issued, the
Building Official shall:
(a) File a copy of the order in the Building Official's office;
(b) Publish in a newspaper of general circulation in the
city, a notice containing:
The street address or legal description of the
property;
The date of the hearing;
A brief statement of the contents of the order; and;
Instructions for obtaining a complete copy of the
order.
� ,a (c) File a copy of the order in the Tarrant County deed
records.
(5) After the public hearing, the Building Official shall mail
promptly by certified mail, a copy of the order to the owner of
the manufactured home.
(6) If the owner does not take the ordered action within the
allotted time, the Building Official shall promptly mail by
certified mail a copy of the order to any lienholder or
mortgagee of the manufactured home.
(7) If the manufactured home is not vacated, secured, repaired,
removed, or demolished, or the occupants are not relocated
within the allotted time, the city may vacate, secure, remove,
or demolish the manufactured home or relocate the
occupants at its own expense.
(8) If the city incurs expenses under subsection (7), it may
assess the expenses on the vacating, securing, repairing,
removing, demolishing and the relocating of the occupants of
�;,,3
the manufactured home, and if the property is not a
EXHIBIT"A" TO ORD. 98-50
Page 16 of 17
homestead, file a lien against the property on which the
manufactured home is located.
' ' (9) When an order to repair or demolish has been filed in the
deed records of Tarrant County, a sale or other transfer of
the premises does not affect the validity and enforceability of
the order. A person acquiring interest in the property after
an order has been so filed is subject to such order.
Sec. 24-19. Emergency action by the city.
When a manufactured home violates this chapter and is unoccupied or occupied
only by person(s) who do not have a right of possession to the manufactured home, the
Building Official may give notice to the owner, lienholder, or mortgagee that the
abandoned manufactured home must be secured and fenced or removed from the city.
If the manufactured home is not secured and fenced or removed from the city within ten
(10) days after delivery of the notice, the Director of Development Services or Building
Official may have a fence erected to enclose the property or in some other way secure
the manufactured home. The fence may be six (6) feet in height.
If the city fences and/or secures a manufactured home pursuant to this section,
before the eleventh (11) day after the date the manufactured home is secured, the
Director of Development Services or the Building Official shall give notice to the owner
by:
� 1. Personally serving the owner with written notice;
2. Depositing the notice in the United States mail addressed to the owner at
the owner's post office address;
3. Publishing the notice at least twice within a ten (10) day period in a
newspaper of general circulation in the county in which the building is
located if personal service cannot be obtained and the owner's post office
address is unknown, or;
4. Posting the notice on or near the front door of the manufactured home if
personal service cannot be obtained and the owner's post office address
is unknown;
The notice must contain:
1. An identification, which is not required to be a legal description, of the
manufactured home and the property on which it is located;
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EXHIBIT"A"TO ORD. 98-50
Page 17 of 17
2. A description of the violation of the section that is present at the
manufactured home;
`�f 3. A statement that the city has secured the manufactured home; and
4. An explanation of the owner's entitlement to request a hearing about any
matter relating to the City's securing of the manufactured home.
The Building Board of Appeals shall conduct a public hearing at which the owner
may testify, present witnesses or written information about any matter relating to
the securing of the manufactured home by the city within thirty (30) days after the
date the municipality secures the manufactured home, the owner files with the
municipality a written request for the hearing. The Building Board of Appeals
shall conduct the public hearing within twenty (20) days after the date the request
is filed.
If the city incurs expenses under this subsection the city may assess the
expenses and file a lien against, unless it is a homestead as protected by the Texas
Constitution, the property on which the manufactured home was located.
Sec. 24-11.20. Same—Revocation; reissuance.
F The city council may revoke any license to maintain and operate a manufactured
home park when the licensee has been found guilty by court of competent jurisdiction of
� violating any provision of this chapter. After such conviction, the license may be
reissued if the circumstances leading to conviction have been remedied and the park is
being maintained and operated in full compliance with the law, and this chapter. (Ord.
No. 64-5, § 9, 4-21-64) The licensee of any manufactured home park shall not permit
the violation of any of the terms of this chapter, and any violation of a provision of this
chapter in the operation of a licensed manufactured home park may be grounds for
revocation of the license thereof. The Director of Development Services may suspend
the issuance of a certificate of occupancy for manufactured homes if the person
licensed to operate the manufactured home park fails to comply with a notice of
violation of Chapter 24 of the Grapevine Code of Ordinance."
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