2009-003-ORD EXTENDING 180 DAY MORATORIUM ON PERMITS FOR MOBILE HOMES

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Section 5. That this ordinance does not prohibit and shall not be construed to prohibit the granting of any permit for a mobile home or HUD -code manufactured home in any circumstance in which a properly completed, administratively complete application for said permit was submitted in accordance with all applicable City rules and regulations prior to the effective date of this ordinance. Section 6. That the moratorium created by this ordinance shall remain in full force and effect for a period of one hundred eighty (180) days from and after the end of the existing moratorium which will extend the moratorium to August 20, 2009, unless earlier repealed by an official act of the Paris City Council or extended by an official act of the Paris City Council. Section 7. That any person, association, corporation, partnership, limited liability company, or other legal entity that places a mobile home or HUD -code manufactured home within the city limits of Paris, Texas during the term of this moratorium, except as authorized herein, commits an offense which is punishable by a fine of up to $2,000.00 per violation; each day or portion thereof during which a violation of this ordinance continues shall be deemed a separate violation. Section 8. That there is hereby established a variance and appeal process from the provisions of Section 2 of this ordinance dealing with applications for permits or specific use permits for mobile homes and HUD -code manufactured homes during the moratorium. The City Manager, or his authorized designee, is hereby authorized to receive and consider a variance request from any person or entity desiring to place a mobile home or HUD -code manufactured home in the City of Paris which would be subject to the restrictions of Section 2 of this ordinance. As justification for a variance, the applicant must be able to demonstrate unique circumstances and /or substantial hardship caused by the restrictions of Section 2 of this ordinance. The burden of proof shall be on the applicant. The City Manager or his designee may, at their discretion, conduct an informal hearing or decide whether or not to grant the variance solely on the basis of the application and written material provided by the applicant. The City Manager or his designee may request additional information. Following receipt and review of a complete variance application and/or completion of the informal hearing, the City Manager or his designee shall render a decision on the variance request within five (5) business days and advise the applicant accordingly. The City Manager or his designee may grant, deny, or modify and grant any variance request. Any applicant dissatisfied with the City Manager's or his designee's decision may appeal this decision by appearance on the agenda of the next regularly scheduled City Council meeting for which an appearance may be scheduled in accordance with the notice requirements of the Texas Open Meetings Act and the City's agenda process. The request for appeal must be presented in writing to the City Clerk within three (3) calendar days of the date the applicant is notified of the City Manager's or his designee's decision. Any mobile home or HUD -code manufactured home for which a variance is granted must still comply fully with the City's current mobile home or HUD -code manufactured home regulations and all other applicable ordinances. Section 9. That any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine in an amount not to exceed $2,000.00. Each day or portion thereof during which a violation of this ordinance shall continue shall constitute a separate offense.