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02 P&Z Report & Minutes MEMORANDUM TO: CITY MANAGER FROM: LISA WRIGHT, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: JANUARY 4, 2006 SUBJECT: PLANNING AND ZONING RECOMMENDATION AND REPORT 1. Consideration of and action on the petition of Gracie Johnson for a change in zoning from a One-Family Dwelling District No.3 (SF-3) to a One-Family Dwelling District No.3 (SF-3) With Specific Use Permit (39) Mobile Home on Lot S 93' of 2 & 3, Block 1 of the Pickard Addition, being number 761 Wood Street. DENIED NO OPPOSITION PRESENT- WELL KEPT FRAME HOMES IN AREA o NAYS 6 AYES 2. Consideration of and action on the Preliminary Plat, Park Place Center, being number 3235 Loop 286 NE. 6 AYES SUBJECT TO THE CITY ENGINEER'S MEMO DATED DECEMBER 27,2005 o NAYS APPROVED C:\Documents and Settings\apinalto\Local Settings\Temp\2006-0 1-031.wpd - .r AMENDED REGULAR MEETING PLANNING AND ZONING COMMISSION CITY OF PARIS. CITY HALL COUNCIL CHAMBERS 107 E. KAUFMAN STREET PARIS, TEXAS TUESDAY. JANUARY 3. 2006 5:30 O'CLOCK P.M. AGENDA 1. Call meeting to order and roll call. 2. Approval of minutes from previous meetings. (December 5, 2005, Regular Meeting) 3. Public Hearing to consider the petition of Gracie Johnson for a change in zoning from a One-Family Dwelling District No.3 (SF-3) to a One-Family Dwelling District No.3 (SF-3) With Specific Use Permit (39) Mobile Home on Lot S 93' of 2 & 3, Block 1 of the Pickard Addition, being number 761 Wood Street. 4-;eonsideration-of-and-action-on-1he-petition-of-Gracie--doh nson-for-a-change- in zoning from a One-Family Dwelling District No.3 (SF-3) to a One-Family Dwelling District No.3 (SF-3) With Specific Use Permit (39) Mobile Home on Lot S 93' of 2 & 3, Block 1 of the Pickard Addition, being number 761 Wood Street. 5. Consideration of and action on the Preliminary Plat, Park Place Center, being number 3235 Loop 286 NE. 6. Discussion of and possible action on a recommendation to the City Council to amend Zoning Ordinance No. 1710 with regard to manufactured housing. 7. Discussion of and possible action on a recommendation to the City Council to amend Zoning Ordinance No. 1710 with regard to travel trailer campgrounds. - -r 8. Consideration of and possible action on amendments to the Future land Use Map, which is a part of the Comprehensive Plan, as it relates to the southeast quadrant of Paris. 9. Adjournment. WITNESS: EX BUllETIN BOARD DECEMBER 29 2005 AT 3:45 P.M. t/Ol W~. BY:""'- MINUTES OF THE SPECIAL MEETING OF TF-E PLANNING AND ZONING COMMISSION DECEMBER 5, 2005 The Planning and Zoning Commission met Monday, December 5, 2005, 5:30, City of Paris, City Hall, Council Chambers, 107 E. Kaufman, Paris, Texas with the following members present: 1. Reeves Hayter 2. Barbara Forrest 3. Russell McCain 4. Richard Hunt 5. Brad Archer 6. Marshall Kent 7. Benny Plata 8. Bobby Myers Lisa Wright, Director of Community Development, was also present. 1. The meeting was called to order by Reeves Hayter. 2. Approval of minutes from previous meetings. (November 7, 2005, regular meeting and November 14, 2005, special meeting). Motion was made to approve the minutes by Bobby Myers, seconded by Russell McCain. Motion carried by a vote of 8 ayes and 0 nays. 3. Public Hearing to consider the petition of Dennis Chalaire for a change in zoning from an Agricultural District (A) to a Commercial District (C) on Lot 4, Block 318 of East Park Center, being number 3235 Loop 286 NE. The public hearing was declared open. Dennis Chalaire, 441 12th Street SE, spoke in favor of the petition, stating that the present zoning is Agricultural, but Commercial zoning is need for the expansion. There was no opposition, and the public hearing was declared closed. Planning and Zoning Minutes December 5, 2005 Page 2 4. Consideration of and action on the petition of Dennis Chalaire for a change in zoning from an Agricultural District (A) to a Commercial District (C) on Lot 4, Block 318 of East Park Center, being number 3235 Loop 286 NE. Motion was made to approve by Brad Archer, seconded by Bobby Myers. Motion carried by a vote of 8 ayes and 0 nays. 5. Public Hearing to consider the petition of Donna L. Moore to establish an Historic Overlay District No. 14 (HD-14) on Lots 2 and 3, City Block 36, being number 546 Pine Bluff Street. Lisa Wright advised the Commission that the owner had called earlier in the day and was very ill, so she could not attend, but she did have representatives present to speak on her behalf. She also advised that the Historic Preservation Commission recommended the zoning change. Tally Moore Bush was present to speak on behalf of Donna Moore. Ms. Bush stated that Ms. Moore bought the O'Neal house, and her plans are to restore with probably no changes made to the outside. Ms. Moore would like to be catalyst to the Pine Bluff/Fitzhugh Preservation Area. Seven people raised their hands in support of the designation. There was no opposition, and the public hearing was declared closed. 6. Consideration of and action on the petition of Donna L. Moore to establish an Historic Overlay District No. 14 (HD-14) on Lots 2 and 3, City Block 36, being number 546 Pine Bluff Street. Motion was made to approve the Historic Overlay District No. 14 by Brad Archer, seconded by Benny Plata. Motion carried by a vote of Planning and Zoning :Minutes December 5, 2005 Page 3 8 ayes and 0 nays. 7. Public Hearing to consider the petition of Rita Buford for a change in zoning from a Multiple-Family Dwelling District No.1 (MF-l) to a Neighborhood Service District (NS) on Part of Lot 4, City Block 29, being number 617 E. Houston Street. The public hearing was declared open. Rita Buford bought a home on 3rd Street NW that was on the National Registry in 1988. Mrs. Buford stated that all of the property that she and her husband own is well maintained. Their son bought 2 rental houses on E. Houston Street, which they have leveled and redone inside and out. Ms. Buford is wanting to open a retail store, and she provided the Commission with a list of items she proposed to sell. If the zoning is approved, she and her husband will sell their 4,000 square foot home and move next door to this location. She stated that she had planned to put in a beauty salon, but that the person cutting hair wanted to work late at night,- so she changed her mind and instead wants to sell antiques and other retail items. Lisa Wright advised the Commission that Mrs. Buford had originally requested to put in a beauty salon only, so Neighborhood Service was recommended. She stated that the Commission could approve NS with a Specific Use Permit to allow for the sale of antiques; however, the other items on her list could not be sold in NS zoning. Ms. Wright stated that General Retail (GR) zoning would be required to conduct the new activity. There was no opposition, and the public hearing was declared closed. 7. Consideration of and action on the petition of Rita Buford for a change in zoning from a Multiple-Family Dwelling District No.1 Planning and Zoning l\1inutes December 5, 2005 Page 4 (MF-l) to a Neighborhood Service District (NS) on Part of Lot 4, City Block 29, being number 617 E. Houston Street. Chairman Hayter advised the Commission that the zoning ordinance requires General Retail zoning for what Ms. Buford is now wanting to do at this location. Brad Archer stated that if the zoning were to be changed to retail, there would be no guarantee what would be there 15 years from now, and he did not think it was an appropriate zoning classification for a neighborhood. Motion was made to deny by Russell McCain, seconded by Reeves Hayter. Motion carried by a vote of7 ayes and 1 nay. 8. Public hearing to consider the petition of Gracie Johnson for a change in zoning from a One-Family Dwelling District No.3 (SF-3) to a One-Family Dwelling District No.3 (SF-3) With Specific Use Permit (39) Mobile Home on Lot S 93' of 2 & 3, Block 1 of the Pickard Addition, being number 761 Wood Street. The public hearing was declared open. There was no one present to speak in favor of or against the petition. The public hearing was declared closed. 9. Consideration of and action on the petition of Gracie Johnson for a change in zoning from a One-Family Dwelling District No.3 (SF-3) to a One-Family Dwelling District No.3 (SF-3) With Specific Use Permit (39) Mobile Home on Lot S 93' of 2 & 3, Block 1 of the Pickard Addition, being number 761 Wood Street. Motion was made to deny the petition by Benny Plata, seconded by Russell McCain. Motion carried by a vote of 8 ayes and 0 nays~ Planning and Zoning Minutes December 5, 26G5 Page 5 10. Public Hearing to consider the petition of Caroline Dangerfield for a change in zoning from a One-Family Dwelling District No.3 (SF-3) to a One-Family Dwelling District No.3 (SF-3) With Specific Use Permit (39) Mobile Home on Part of Lot 1, Block 3 of the Pickard Addition, being number 1020 7 ~ Street NE. Lisa Wright explained to the Commission that the City Council referred this item back to the Planning and Zoning Commission for their reconsideration because several people spoke in favor of Ms. Dangerfield's request, and photos of the proposed home were now available. The public hearing was declared open. Caroline Dangerfield, 261 25th Street NW, spoke in favor of the petition. Ms. Dangerfield presented photos of the home. The home will not be moved because the wheels will be removed. Ann Johnson, 1031 NE 7 ~ Street, favored the petition stating that the house is beautiful and she will be glad to have it in the neighborhood. Margaret Clement, 953 NE 8th Street, was in favor of the petition, stating that it looks like a home and Ms. Dangerfield will be a good neighbor. There was no opposition, and the public hearing was declared closed. 11. Consideration of and action on the petition of Caroline Dangerfield for a change in zoning from a One-Family Dwelling District No.3 (SF-3) to a One-Family Dwelling District No.3 (SF-3) With Specific Use Permit (39) Mobile Home on Part of Lot 1, Block 3 of the Pickard Addition, being number 1020 7 ~ Street NE. Planning and Zoning Minutes December 5, 2005 Page 6 Motion was made to approve the petition by Bobby Myers, seconded by Marshall Kent. l\lotion carried by a vote of7 ayes and 1 nay. 12. Public Hearing to consider the petition of Victor Chavez for a change in zoning from a Multiple-Family Dwelling District No.1 (MF-l) to a Planned Development District - Retail Shopping Center (PD-a) on Lot 1 and W 15' of Lot 2, Block 1 of the Anita Park Addition, being number 1705 Margaret Street. Lisa Wright explained that the City Council had referred this item back to the Planning and Zoning Commission for reconsideration since Mr. Chavez has now decided be does not wish to live at the location. The public hearing was declared open. Victor Chavez spoke in favor of the petition stating that he would like to build a bakery at this location. Philip Hamilton, 1734 Margaret, spoke in opposition to the petition stating that he spoke in favor the last time because he thought it would be an excellent buffer. He was okay with a bakery run from the home, but this has changed and he does not think it creates an appropriate transition to the Commercial businesses around it. Joe Iglehart, 1700 Margaret, echoed Mr. Hamilton's sentiments. Also, he was concerned about parking and what the building would look like. He would have been okay with Mr. Chavez living upstairs and working downstairs. 13. Consideration of and action on the petition of Victor Chavez for a change in zoning from a Multiple-Family Dwelling District No.1 (MF-l) to a Planned Development District- Retail Shopping Center (PD-a) on Lot 1 and W 15' of Lot 2, Block 1 of the Anita Park Addition, being number 1705 Margaret Street. Planning and Zoning Minutes December 5, 2005 Page 7 Motion was made to deny by Brad Archer, seconded by Russell McCain. Motion carried by a vote of 8 ayes and 0 nays. 14. Public hearing to consider the petition of Bobby Smallwood for a change in zoning from an Agricultural District (A) to a Planned Development District - Office Center (PD-f) on a 5.574 acre tract of land located to the east of Townwood Estates #1 at the east end of Levi Lane, which tract is part of a called 99.54 acre tract of land described in a deed to the Townwood Development Company, Inc. and recorded in Volume 511, Page 188 of the Real Property Records of Lamar County, Texas. Lisa Wright explained that the City Council referred this item back to the Planning and Zoning Commission for reconsideration to allow Mr. Smallwood time to meet with the developers to come up with an alternative access route to the property to reduce the impact on Levi Lane. The public hearing was declared open. Bobby Smallwood, 343 FM 2121, spoke in favor of the petition stating that he sold the property to doctors and they are wanting to put in offices. He advised that the new owners also owned a strip of land alongside Honda, but they did not wish to build an entrance there and planned to use Levi Lane as the access point to the development. Richard Culver, 1130 Levi Lane, spoke in opposition to the petition, stating that he does not want to be surrounded by business property. He is concerned about the impact on home values-the values are already depressed and this will further the depression. Glenn Goode, 1110 Levi Lane, spoke in opposition to the petition stating that he purchased his home 6 weeks ago. He knew that the movies and Chili's was already there. He moved from behind Aikin because of high traffic which is dangerous for small kids. ~ Planning and Zoning Minutes December 5, 2005 Page 8 There was no further opposition, and the public hearing was declared closed. 15. Consideration of and action on the petition of Bobby Smallwood for a change in zoning from an Agricultural District (A) to a Planned Development District - Office Center (PD-f) on a 5.574 acre tract of land located to the east of Townwood Estates #1 at the east end of Levi Lane, which tract is part of a called 99.54 acre tract of land described in a deed to the Townwood Development Company, Inc. and recorded in Volume 511, Page 188 of the Real Property Records of Lamar County, Texas. Commission members agreed that the project would be very beneficial for Paris, but they felt that the developers could work something out with the property owners on Levi Lane to reduce the impact to them. Motion was made to deny by Brad Archer, seconded by Bobby l\'1yers. Motion carried by a vote of 7 ayes and 1 nay. 16. Cpnsideration of and action on the Preliminary Plat of Family Video, being number 2010 Lamar Avenue. Motion was made to approve the plat by Bobby Myers, seconded by Benny Plata, subject to the City Engineer's memo dated November 29, 2005. Motion carried by a vote of 8 ayes and 0 nays. 17. Consideration of and possible action on amendments to the Future I.-and Use Map, which is a part of the Comprehensive Plan, as it ~:elates to the southeast quadrant of Paris. No action taken. . Meeting adjourned at 6:50 p.m. MEMORANDUM TO: Chairman and Members of the Planning and Zoning Commission Honorable Mayor and Members of the City COunCi~ \! Lisa Wright, Director of Community Development ~ Zoning Change Requests FROM: SUBJECT: DATE: December 18, 2005 The following zoning change requests will be presented at the January 3, 2006, meeting of the Planning and Zoning Commission and the January 9, 2006, meeting of the City Council of the City of Paris for consideration: 1. Gracie Johnson is requesting that the property located on Lot S 93' of2 & 3, Block 1 of the Pickard Addition, being number 761 Wood Street, be rezoned from a One-Family Dwelling District No.3 (SF-3) to a One-Family Dwelling District No.3 (SF-3) With Specific Use Permit (39) Mobile Home. The Comprehensive Plan recommends that this area be zoned Medium Density Residential. THE CITY COUNCIL HAS REQUESTED THAT THE PLANNING & ZONING COMMISSION RECONSIDER THIS REQUEST. /lw cc: City Attorney's Office AFFIDAVIT REQUEST FOR AMENDMENT TO ZONING ORDINANCE NO. 1710 STATE OF TEXAS S COUNTY OF LAMAR s BEFORE ME, the undersigned authority, on this day personally appeared Gracie Johnson who upon oath deposes and says: "I am Gracie Johnson. whose address is 740 Martin Luther King Drive and whose phone number is (903) 785-2261, and who has a proprietc;lry interest in property located within the corporate limits of the City of Paris being described as follows: Lot S93' of 2 & 3, Block 1 of the Pickard Addition 761 Wood Street My interest in the above-described property is Contract to buv, and I do request a change in zoning from One-Familv Dwellina Oistrict No.3 (SF-3) to a One-Familv Dwellina District No.3 (SF-3) With Specific Use Permit (39) Mobile Home. "'n support of said request I make the following answers to questions 1-4: 1. Will the re-zoning be in accordance with the original comprehensive zoning scheme, as represented by the pre-established zoning ordinance and the long range master plan and map that has been adopted by the zoning ordinance? YES 2. Will the re-zoned designation be compatible with the classification and use of adjoining lands so as to avoid adverse impact on neighbors? YES 3. Is the tract unsuitable for uses permitted under the present zoning classification: therefore justifying a change in zoning? YES 4. Does the re-zoning bear a substantial relationship to the public health, safety, morals or general welfare or protect and preserve historical and cultural places and areas or meet a substantial public need? YES . 5. HAS A COpy OF THE LAND DEED BEEN SUBMI SWORN TO AND SUBSCRIBED BEFORE ME, by the said Gracie Johnson day of November, 2005. on this 11th FILED: ~~. UJ~ ary Public, State. of Texas JANICE WORTHAM I NOTARY PUBLIC STATE OF TEXAS My CommIssion Expires OS'12-2Dn!l I .... 'i' : . 1 ~ftt I <. vi ., wlo 0 , :: ~ =.. Z [ ',~ l.D o . 02. ~ &ll'" ~rrt ~ "- <:> - ""' - ""CD Q-.J -..1- .! c.H.. (JI (JJ~ CJl (JI :g! . "CI' Q. 210' 2/ I. t1 ~~ ASH 5t -0 789 77~ 7" 7M 73' 7;' i" 69' II II 69' 64 74 50' - ::-..1 .' .....m CD r N W 0 -, .01 N .()IN() GO'" .f:> - 00 ... ~ - (JJ 0 I ^ ..i' ,....0'1 l'\) -..IV! 9Z '~I~. """ ... - : -.; III Q " ~'" ~. I\)~.~:<D 0 - .,Jil at o 0_ 01 , '. > ~ ~ OJ ~ ~ ~- 1\\ l> r\) ~ ij) - N Z'" (D_ .. '''~ (ji ~ ~ rribt - - ~ I i:> OJ .. ..... 0'1 ~O') w 69' I ~' 4q~ Ut m 205' 40' '.I TB / 5'. 121~ 7.50' 740 760 MARTIN LUTHER KING JR. DRIVE 200 ~~ 200 750 m G 5 . .~ 0 OJ \" ~ ^ ~ 5. .fJ () ~ ...., tVo ~ CD_. r\) " ......^ z tJ 0 . MEMORANDUM TO: Mayor and City Council Planning and Zoning Commission Shawn Napier, P ~ City Engineer / D' FROM: DATE: December 27,20 SUBJECT: Park Place Center I have reviewed the preliminary plat of the above referenced addition. It appears that the preliminary plat complies with the City of Paris subdivision regulations with the following exceptions: 1. Label the lot as Block 'A', Lot 1. 2. Submit a site plan to the Engineering Department for review. 3. Add a five-foot utility easement along Park Place Street and Boardwalk Street 4. Dedicate a comer clip at the Northwest comer of Park Place Street and Boardwalk Street. I recommend approval of the preliminary plat upon completion of the above items. cc: Tony N. Williams, City Manager Larry W. Schenk, City Attorney Lisa Wright, Director of Community Development Dennis Chalaire, R.P.L.S., Chalaire Surveying, Inc. Gerald Bawcum .--~ J~f ~. I ~'"'" fi "'J: ~~ ~~ .'-l ~~ ~~ ~ ~:t ~ llq~ C ~'-l ~ o ! ~ ~II . :.. ~ j ~. i ~ . " 0 ~I ~ ~ II ~ ~U ~ ~ o !j ~;i ~ qlj ~~I!jp 811 ~ I ~ o..~ ~ .. ~ ~ &llll... '" ~~i ~ El := l~ ~ @! ~ ~ :I f &l ] e"... ... "" ~t.a~"'O\D"~ '! ~u1li~~ g "' 1 ~ ~<"Oe...~ ~ 0....:1 e ~ ~;; "'~ t!l.. g :i .~ ~~ ~~~f .s u ~ 1 ~ ~ ~ iN 1 :..~ ~ 5 t>:: ::!i a .. u ~ '" ~ ~ ~~ ~ ~ Ii "l ~.., I .... I 0 ..::: '-l ~ ~ I ~ I ~ I ~ ~ I I ~1Ill I ~ s~ ~--1 ~ ~~ ~ ..~ ~ ;l ~ .. ~ ~ /i~ ~ ~ .. .q ., Jil'ii dmf ~t~~~~ +-1Il " 1.1!I . iil & I t I ~I :s~ 5~ ...:.g ~~ ~ ~ IIHm JP~AI Ul!h I! I~! t'~ ' Iii! ~~ ~~ ~ ~~~ h ~ i~~t ~;:; ~~ 50 I~ ., ~~~ 9 ~~-' .~. :~i ac ~ HH f , J11J J J l'lJ r { . 11. ! Ii fHJ I '.. lilt f H JUt i~J! lJ Jl.~~Ji I triltj!h Itl) JlhNAl !~! "Hi. JUt l.ll~{.! '{i'fIH H]h" IJI$'},I "" . . . u ~ ~"J! .~~ .~~~~O~ ~ ~J.l1~J~E ~~~3~~! ~* 1 ~~ ~ : \oi 1:19 s~. ~~ of... "c_ ~~~~ !:~ ~ ! I i;i ~.. '.'T" Commission Members: Attached for your review is an ordinance from the City of Irving regulating manufactured housing and recreational vehicle parks. After considerable research, I have found that this ordinance appears to be virtually identical to those adopted by several other cities in Texas. Chapter 8C MINIMUM STANDARDS FOR MANUFACTURED HOME COMMUNiTIES AND RECREATIONAL VEHICLE COMMUNITIES Sec. 8C-1. Chapter construction. This chapter is remedial and essential to the public interest, safety, health, and welfare. This chapter shall be liberally construed to effectuate its purposes. It establishes minimum standards for the continued use and occupancy of all manufactured home communities and recreational vehicle communities. (Ord. No. 7641, S 2, 4-27-00) Sec. 8C-2. Definitions. Accessory building means a small, portable building or structure that mayor may not be securely attached to the ground upon which it rests. Alteration means replacing, adding, modifying, removing, or exchanging manufactured homes, recreational vehicles, or other structures, moving in a new or additional manufactured home, recreational vehicle, or other structure, changing or adding manufactured home community or recreational vehicle community plot or lot lines, and changing manufactured home community or recreational vehicle community property lines. Back end means the opposite end from the front end of the unit. Back side means the opposite side from the front side of the unit. Building Code means the Building Code, Electrical Code, Fire Code, Mechanical Code, and Plumbing Code, as adopted by the City of Irving and the Manufactured Housing Standards Act, Tex. Rev. Civ. Stat. Ann. art. 5221f. Certificate of occupancy means a certificate issued by the director authorizing occupancy. City means the City of Irving. Clubhouse means a building or rooms accessible to all residents, which is used for meetings or recreational use. Commission means the building and standards commission created in the City of ~fVin9- Gode of-Civ~~anGGFiminal Gr-cHnances Chapter-8S. Current Building Code means the most recent edition of the Electrical Code, Building Code, Fire Code, Mechanical Code, and Plumbing Code, adopted by ordinance and currently in effect in the City of Irving. Dangerous manufactured home means a manufactured home or any other structure in or around which conditions exist as outlined in Chapter 8B, section 8B-26, which could possibly threaten the health, safety, or general welfare of any person. Department means the City of Irving department referred to, and its successor department or division. Director means the Director of the Department of Inspections of the City of Irving or his or her designated representative. Driveway means a private accessway leading from a street or other thoroughfare to a building, garage, recreational vehicle, or manufactured home. Dwelling means a structure, including a manufactured home or recreational vehicle, occupied for a residential purpose. Dwelling unit means any room or group of rooms occupied, or which is intended or designed to be occupied as the home or residence of one (1) individual, group of individuals, family, or household for housekeeping purposes. Essential utility means water, sanitary sewer, storm sewer, and heating fuel. Family means one (1) or more persons related by blood, adoption, or marriage and are living and cooking together as a single housekeeping unit. Fire chief means the Fire Chief of the City of Irving or his or her designated representative. Front end means the end of the unit where the tongue would be attached or where the headlights are. Front side means the side of the unit where the front door is located or left side when facing the tongue or headlights. Garbage means putrescible animal and vegetable wastes resulting from the handling, preparation, cooking, and consumption of food. Habitable room means a room or enclosed floor space used or designed to be used for living, sleeping, cooking, or eating purposes, but not including bathrooms, water closet compartments, laundries, pantries, foyers, or communicating corridors, closets, or storage spaces. HUD means the United States Department of Housing and Urban Development. Installation means the construction of the foundation systems, whether temporary or permanent, and the placement and erection of a recreational vehicle, manufactured home, manufactured home component, manufactured home accessory, including fuel tanks, on or near the foundation system and includes supporting, blocking, leveling, securing, anchoring, and properly connecting multiple or expandable sections or components, and minor adjustments. Landlord means the owner, owner's agent, lessor, or sublessor of a dwelling unit or section of ground; any person who has control of a dwelling unit or of any portion of real property. Law means federal, state, or local statute, ordinance, court decision, rule, or regulation. Litter means-gamag8, refuse, -flJbbish, afl6 aU otfleF waste mateAa~ deposited on the ground or in any place other than in an approved garbage receptacle. LPG means Liquid Petroleum Gas. Manager means a person who is responsible for the day to day operations of a manufactured home community or recreational vehicle community. Manufactured home means a structure, used or manufactured as a temporary or permanent dwelling or sleeping place for one (1) or more persons that has wheels, jacks, or skirting, with or without a foundation constructed, or reconstructed to permit occupancy as a temporary or permanent dwelling or sleeping place by one (1) or more person and which includes a HUD-Code Manufactured Home or a Mobile Home and collectively means and refers to both as those terms which are defined in Tex. Rev. Civ. Stat. Ann. art. 5221f. Refer to section 8C-14. Manufactured home community means any lot, tract, or parcel of land used in whole or in part for parking two (2) or more manufactured homes. Manufactured home unit plot means a section of the manufactured home community designated for the placement of a single manufactured home. Occupant means any person over one (1) year of age living, sleeping, cooking, eating in, or having actual possession of a dwelling unit. Office means location on the property where business is conducted for the property. Owner means a person claiming, or in whom is vested, the ownership, dominion, or title to real or personal property, including but not limited to: the owner of a fee simple title; the holder of a life estate; the holder of a leasehold estate for an initial term of five (5) years or more; the buyer in a contract for deed; a mortgagee, receiver, executor, or trustee in control of real property; the agent of an owner in fee simple, the holder of a leasehold, landlord, lessor, sublessor, mortgagee, receiver, executor, or trustee; and the landlord, lessor, or sublessor of a dwelling. Permit means an official document or certificate issued by the director authorizing performance of a specified activity. Person means an individual, company, corporation, business trust, estate trust, partnership, association, any other group, two or more persons having a joint or common interest, or any legal or commercial entity. Police chief means the Police Chief of the City of Irving or his or her designated representative. Porches or decks means a structure adjacent to an entry door of a manufactured. Premises means a lot, plot, or parcel of land including any structures on it. Recreational vehicle means a vehicle which is built on a single chassis, four hundred (400) square feet or less when measured at the largest horizontal projections, self-propelled or towable and designed primarily not for use as a permanent dwelling unit, but as temporary living quarters for recreational, camping, travel, or seasonal use. Recreational vehicle community means any lot, tract, or parcel of land used in whole or in part for parking two (2) or more recreational vehicles. Str-eet-meaRS-any- readway, -fir-elaRe-, ac-cess way, er-aUey.- Structure means that which is built or constructed; an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. Swimming pool means any structure, basin, chamber, spa, or tank containing an artificial body of water for swimming, diving, physical fitness, or recreational bathing and having a depth of two (2) feet or more at any point. This phrase does not include lakes or creeks. Tenant means any person who occupies a dwelling unit for living or dwelling purposes with the landlord's consent. Unit means manufactured home, recreational vehicle, washateria, office, clubhouse, and athletic facility. Unit plot means a piece of ground set aside and designated for occupancy by one (1) manufactured home or recreational vehicle. Unfit for human habitation means uninhabitable or dangerously deteriorated. ." r Unit plot line means the imaginary line around any manufactured home unit plot or recreational vehicle unit plot. Washateria means a self-service laundry room accessible to all residents, which contains two (2) or more pairs of washers and dryers. (Ord. No. 7641,92,4-27-00) Sec. 8C-3. Parking manufactured homes prohibited generally. It is unlawful for any person to park a manufactured home within the City of Irving for longer than forty-eight (48) hours. Affirmative defenses to this subsection are: (1) That the manufactured home is in a manufactured home community; (2) That the manufactured home is a recreational vehicle parked in compliance with the City of Irving Zoning Ordinance and all other applicable laws; (3) That the manufactured home is parked on property where manufactured homes are manufactured or sold and where no one occupies a manufactured home as a dwelling or sleeping place; and (4) That the manufactured home is parked on the property as a temporary office or display unit and where no person occupies a manufactured home as a dwelling or sleeping place. (Ord. No. 7641, 92,4-27-00) Sec. 8C-4. License required. It is unlawful for any person to own, operate, or manage any manufactured home community or recreational vehicle community within the limits of the city without a valid license issued by the city. (Ord. No. 7641, 92,4-27-00) Sec. 8C-5. License application, place of business, issuance, renewal and expiration. (a) An applicant for a manufactured home community or recreational vehicle community license shall file with the director a written application on a form provjdedfor that-pur-pose and signed-by: th8--Gwfler or -mafla~eF, -or his eftler agent. The following information is required in the application: Correct names and correct current addresses and telephone numbers of the landlord, lessor, sublessor, owner, property manager, resident manager, and insurance company; trade name of the manufactured home community or recreational vehicle community; correct and current names and addresses of all registered agents of any of the parties above named that are corporations; correct current zoning district in which the mobile home community or recreational vehicle community is located; accurate number of manufactured home plots or recreational vehicle plots; current correct telephone number, name, and address of a person responsible for paying utility bills for the common area of the manufactured home community or recreational vehicle community. (b) Each license expires on the 31st day of December of each year and the owner shall renew it no later than January 1 of the following year. ..r (c) The city may, at any time, require additional relevant information of the owner or manager to clarify items on the application and the owner or manager shall do so. (d) When more than fifty (50) percent of the ownership of the manufactured home community or recreational vehicle community changes or there is a change of a general partner, the new owners and partners shall obtain a new license within thirty (30) days of the change. There is no fee for such a new license. (e) The owner or licensee shall notify the City of Irving in writing of each change in ownership and each change in property manager, resident manager, individual responsible for paying utility bills, and individual responsible for compliance with this chapter, and any information required in section 8C-5 within thirty (30) days of the change. (f) If an annual license cannot be issued at the time the application is filed, a temporary license may be issued upon payment of the license fee which shall be valid until such time as the annual license is issued or the temporary license is revoked for failure or refusal to comply with this chapter. (Ord. No. 7641, S 2, 4-27-00) Sec. 8C-6. License fee. (a) The city will not issue an annual manufactured home community or recreational vehicle community license until the applicant has met all the requisites for it and paid all applicable fees. (b) The annual fee for each manufactured home community or recreational vehicle community license is seven dollars and twenty cents ($7.20) per authorized manufactured home site, recreational vehicle site, washateria, clubhouse, and office. (c) If additional spaces are constructed on the manufactured home community or recreational vehicle community premises after the city has issued a license, the city will not issue a certificate of occupancy for any new units until the licensee has paid a fee of sixty cents ($0.60) per unit, washateria, clubhouse, ami- GffiGe foreaGh- month ~eftin-that GurreAl yeaF. - (d) When a manufactured home community or recreational vehicle community begins operation, the annual licensing fee for the first year of operation shall be sixty cents ($0.60) per unit, washateria, clubhouse, and office for each month the community is in operation that year. (e) If the applicant pays a fee under this subsection by check or other instrument which is not honored, the license for which the payment was made is void and invalid. (f) The applicant shall pay the license fee at the time he or she files the initial or renewal application with the director. (g) All licenses shall expire on the 31 st day of December of each year and the manufactured home community or recreational vehicle community owner shall renew it no later than January 1 of the following year. (h) The applicant shall pay a late charge equal to ten (10) percent of the annual licensing fee for any portion of the first month the annual licensing fee is late and five (5) percent of the annual licensing fee for any portion of each succeeding month the fee is late or twenty-five dollars ($25.00) for any portion of any month that annual licensing fee is late, whichever is greater. (i) The licensee shall pay a twenty dollar ($20.00) fee for each duplicate or replacement license he or she requests. (Ord. No. 7641, S 2, 4-27-00) Sec.8C-7. License display, replacement and transferability. (a) Each license issued pursuant to this chapter to a manufactured home community or recreational vehicle community owner or manager shall be posted and displayed by the owner, or manager in the business office of the manufactured home community or recreational vehicle community or in another conspicuous place to which tenants have access. (b) A replacement license may be issued for one lost, destroyed, or mutilated upon application on the form provided by the city. A replacement license may have the word "Replacement" stamped across its face and may bear the same number as the one it replaces. (c) A manufactured home community or recreational vehicle community license is not assignable or transferable from one person to another or from one place to another. (Ord. No. 7641, S 2, 4-27-00) Sec. 8C-8. License standards. The owner and manager shall maintain the manufactured home community or recreational vehicle community in compliance with the provisions of this chapter and with all applicable laws in order to obtain, retain, or renew a manufactured home community or recreational vehicle community license. (Ord. No. 7641, S 2,4-27-00) Sec. 8C-9. Roster of manufactured homes and recreational vehicles. (a) The owner, licensee, and manager of each manufactured home communityshaU keep- a-roster of-aU manwactured-homesand recreat40nal vehicles located within the manufactured home community or recreational vehicle community. The roster shall contain the following information: (1) The make, model, and year of each manufactured home and recreational vehicle. (2) The vehicle identification number and name of the owner of each manufactured home and license number and name of the owner of each recreational vehicle and the state issuing the license. (3) Dates of each manufactured home and recreational vehicles moved into and or out of the manufactured home community. (b) The owner, operator, or manager shall make the roster available for inspection at all times by law enforcement officers, employees of the city's department of inspections, and fire department personnel. (Ord. No. 7641, S 2, 4-27-00) Sec.8C-10. Permit--Required; application; fee. (a) It is unlawful for any person to alter or extend any existing manufactured home community or recreational vehicle community unless he or she has a valid permit issued by the director in the name of such person for the specific alteration or extension. All alterations or extensions of a manufactured home community or recreational vehicle community shall comply with the zoning ordinance. (b) All applications for a permit shall contain the following: (1) Name, address, and telephone number of the applicant; (2) Name, address, and telephone number of the owner of the property; (3) The address and legal description of the manufactured home community or recreational vehicle community; (4) A plot plan providing: a. The date of preparation, name of preparer, scale, north point; b. Name of manufactured home community or recreational vehicle community and its owner; c. Location of property line boundaries and dimensions of the tract; d. Location and width of all accessways, driveways and parking areas; e. Proposed placement of all manufactured homes and recreational vehicles; and f. All required front, rear and side setback lines in compliance with this chapter and zoning ordinance. (c) The applicable fee shall be charged at the time of permit issuance. (d) It is unlawful for any person to locate or relocate, alter, extend, or construct a manufactured home, recreational vehicle, or accessory building, within a manufactured home community or recreational vehicle community unless he or she has a valid permit issued by the director in the name of such person for the specific placement, alteration, extension or construction. All manufactured home, recreational vehicle and accessory building placements, alterations, extensions or construction shall comply with applicable codes, Q.rd~naI'"lGes and tRe z.c:miflg 0Fd~mH"ICe. (e) All applications for a permit shall contain the following: (1) A permit application properly completed; (2) A plot plan: a. Depicting plot lines; b. Depicting setbacks as required in this chapter. (f) The applicable fee shall be charged at the time of permit issuance. (Ord. No. 7641, S 2,4-27-00) Sec. 8C-11. Same--Issuance. When, upon review of the application and receipt of the required fee, the director is satisfied that the proposed plan meets the requirements of this chapter and all applicable laws, he or she may issue a permit. (Ord. No. 7641, S 2,4-27-00) Sec. 8C-12. Unlawful to position manufactured home, recreational vehicle, or accessory building in violation. It is unlawful for any person to position, move, or locate, or for a manufactured home community or recreational vehicle community owner, operator, or manager to allow, permit, or suffer any person to move, position, or locate any manufactured home, recreational vehicle, accessory building, or any other structure within or into a manufactured home community or recreational vehicle community so that a violation of this chapter or other applicable law is created or exacerbated. (Ord. No. 7641, S 2,4-27-00) Sec. 8C-13. Driveways and roadway. The owner, operator, and manager of each manufactured home community or recreational vehicle community in the city shall provide in the manufactured home community or iecreational vehicle community: (1) At least one (1) driveway entrance or private street entering from a public street into the manufactured home community or recreational vehicle community that is at least twenty-four (24) feet wide with a minimum turning radius of thirty (30) feet; (2) A properly marked fire access roadway that abuts each manufactured home plot or recreational vehicle plot and that is not less than twenty-four (24) feet wide at any point with a thirty (30) foot turning radius and vertical clearance of not less than fourteen (14) feet. (3) Service roads, fire lanes, access ways, private streets, and roadways constructed and maintained so that they are weathertight and capable of supporting the imposed load of a forty thousand (40,000) pound fire apparatus with two-thirds (2/3) of the weight on the rear axle, capable of allowing free passage of fire department apparatus. At the discretion of the fire chief, a manufactured home community or recreational vehicle community owner shall provide a laboratory testing analysis with a certifying letter that the entire surface as stated- in- the precee<::lin~ sentence is-capab~e -of meeting arerementioned- conditions. (4) Street name signs at each end of each block of each public and private street. (5) Sidewalks, parking spaces, parking lots, and other pavement maintained in a safe and operable condition. (6) Driveways and parking for at least two (2) vehicles for each manufactured home plot or lot or recreational vehicle plot or lot may be constructed of an alternate design material with approval by the director. (Ord. No. 7641, ~ 2,4-27-00) Sec. 8C-14. Manufactured home compliance with Texas law. (a) It is unlawful for any person to own, operate, or manage a manufactured home community or recreational vehicle community that contains any manufactured home built after 1976 that is not constructed and installed in compliance with the Texas Manufactured Housing Standards Act (Tex. Rev. Civ. Stat. Ann. art. 5221f), and with all laws, rules, and regulations promulgated by the Texas Department of Housing and Community Affairs pursuant to that Act. (b) It is unlawful for any person to own, keep, or occupy a manufactured home built after 1976 in the city limits that is not constructed and installed in compliance with the Texas Manufactured Housing Standards Act and with all laws, rules, and regulations promulgated by the Texas Department of Housing and Community Affairs pursuant to that act. (Ord. No. 7641, ~ 2, 4-27-00) Sec. 8C-15. Manufactured home community and recreational vehicle community exterior standards. It is unlawful for any person to own or manage a manufactured home community or recreational vehicle community that does not meet the following standards: (1) Each manufactured home community, recreational vehicle community, and each unit plot shall be properly graded and equipped to drain all surface water in a safe and efficient manner. (2) All accessory structures and community buildings in the manufactured home community or recreational vehicle community shall be maintained in a structurally sound and clean condition, and kept free of any condition that might be detrimental to the safety or health of any person. (3) Each manufactured home community or recreational vehicle community shall be provided with safe, clean, and adequate facilities for the collection and removal of wastes and garbage. (4) Each manufactured home and recreational vehicle unit plot shall be supplied with a separate electrical outlet supplying at least one hundred ten (110) volts permanently identified as belonging to the individual plot it serves. (5) Setbacks and separations shall be maintained for all manufactured homes, recreational vehicles, accessory buildings and other structures as follows: a. Porches and accessory buildings must be a minimum of five (5) feet from 8l"1 int-erior street -al"ld/or from any adfaGent mal"lufaGt-IJI"EKI home or- recr-eat~eflal vehicle. b. A carport may be attached to the manufactured home or recreational vehicle unit it serves but may not be closer than five (5) feet to any adjacent manufactured home. or recreational vehicle c. A freestanding accessory structure shall be no closer than five (5) feet to a manufactured home or recreational vehicle at any point. It is an affirmative defense to this section that the accessory structure is located within eight inches of the manufactured home or recreational vehicle it serves. d. Between any end of manufactured home or recreation vehicle and private roadway: Five (5) feet. e. Between any side of manufactured home or recreational vehicle and private roadway: Ten (10) feet. f. Separations between manufactured homes or recreational vehicles: Front side to back side: Fifteen (15) feet. Front side to end: Fifteen (15) feet. End to end: Ten (10) feet. End to back side: Ten (10) feet. Front side to front side: Twenty (20) feet. Back side to back side: Fifteen (15) feet. (6) All exposed ground shall be covered with pavement, stone screenings or other solid or semi-pervious material, or vegetative growth that is capable of eliminating soil erosion and dust and that is free of holes and depressions that may injure a person or property. (7) All drainage ditches, culverts, and other drainage devices shall be maintained so that they are free flowing and free of trash, debris, and all other obstacles. (8) Each manufactured home community and recreational vehicle community shall have at least one (1) fire hydrant maintained in compliance with all applicable laws within five hundred (500) feet of each outside wall of each structure in the manufactured home community or recreational vehicle community, measured along a route approved by the fire department. It is an affirmative defense to this section that an alternative design has been approved by the fire chief. (9) No trees, tree limbs, or branches may exist 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 any accessway or fire lane measured vertically from the surface of the street or fire lane to the lowest point of the tree limb or branch. (10) No holes, excavations, sharp protrusions, or any other object or condition on the property, which may cause injury to a person. (11) No wells, cesspools, and cisterns that are not securely covered or securely closed. (12) All pool chemicals stored in compliance with all applicable laws. (13) All broken sewer line(s), repaired or replaced, removing all residue and treating affected areas with a suitable disinfectant within seventy-two (72) hours Qf-notificatiQI"I-that the sewer line is broken. (14) All street address numbers, unit numbers, lot or plot numbers, and any additional signage as required by applicable laws provided and maintained on each manufactured home, structure, and on the property. (15) All screening fences and all other fences on the property maintained in compliance with all applicable laws. (16) All swimming pools, spas, and pool fences and gates installed and maintained in compliance with all applicable laws. (17) All supply lines for electrical service to each dwelling unit intended for human occupancy installed and maintained in safe, operative condition and in compliance with all applicable laws. (18) All exterior water and sewer systems installed and maintained in compliance with all applicable laws. (19) All fire lanes, and required paved areas installed and maintained with legible parking and fire lane markings in compliance with all applicable laws. (20) Any vehicular or pedestrian access control devices installed and maintained in compliance with all applicable laws. (21) All fuel supply lines to each dwelling unit and all fuel containers for each dwelling unit that is heated by natural gas or propane or has a water-heating device or stove fueled by natural gas or propane installed and maintained in compliance with all applicable laws. (22) All sidewalks, ramps, bridges, parking lots, stairs, and steps installed and maintained in safe and operative condition and in compliance with all applicable laws. (23) A manufactured home community or recreational vehicle community may provide a storage area for residents use for boats, recreational vehicles, campers, additional vehicles, as well as, park maintenance equipment and supplies as long as it is screened from all adjacent properties or if visible from the public right of way by a seven (7) foot minimum blind fence. (24) The standards set forth in subsection (5) of this section shall apply to any manufactured homes or recreational vehicles moved into or within a manufactured home community or recreational vehicle community after April 27, 2000, and it shall be an affirmative defense to prosecution under the provisions of subsection (5) of this section that the manufactured home or recreational vehicle in question has not moved since April 27, 2000. (Ord. No. 7641, ~ 2,4-27-00) Sec. 8C-16. Compliance with chapter provisions. Each owner, manager, and landlord of each manufactured home community or recreational vehicle community within the city which may be used for human habitation or residence shall comply with the provisions of this chapter in each manufactured home community and each recreational vehicle community over which he or she has control. (Ord. No. 7641, ~ 2,4-27-00) Ses.-8C-11. Dutie-s-of manufactured -home -eommunUy- and recreational vehicle community owner, manager, and operator. (a) The owner, manager, and operator of a manufactured home community shall operate the community in compliance with this chapter and all other applicable laws and shall provide adequate supervision to maintain the community and its facilities and equipment and to keep it in an operable and sanitary condition at all times. (b) The owner and operator of a manufactured home community or recreational vehicle community shall supervise the placement of each manufactured home and recreational vehicle on its manufactured home or recreational vehicle lot or plot, insuring safe installation and set up in compliance with all applicable laws. (c) The owner, landlord, and manager of each manufactured home community or recreational vehicle community shall ensure safe installation of liquid petroleum gas (LPG), including propane gas in compliance with all ...r applicable laws and shall ensure that they are securely anchored to the ground directly beneath the container. (Ord. No. 7641, ~ 2, 4-27-00) Sec. 8C-18. Disclosure of ownership. (a) A landlord shall disclose to a tenant, or to the director or fire chief or police chief acting in an official capacity: (1) The name and either a street or post office box address of the holder of record title, of the dwelling rented by the tenant or inquired about by the director or fire chief or police chief; and (2) If an entity located off-site from the dwelling is primarily responsible for managing the dwelling, the name and street address of the management company. (b) Disclosure to a tenant under subsection (a) must be made by: (1) Giving the information in writing to the tenant on or before the seventh day after receipt of the tenant's request for the information; (2) Posting the information in a conspicuous place in the dwelling or the office of the on-site manager or on the outside of the entry door to the office of the on- site manager; or (3) Including the information in a copy of the tenant's lease or in written rules provided to the tenant. (c) Disclosure of information to a tenant may be made under subsection (b)(2) above before the tenant requests the information. (d) Disclosure of information must be made by giving the information in writing to the director or fire chief or police chief on or before the seventh day after the date the landlord receives the request from the director or fire chief or police chief for the information. (e) A correction to the information may be made by any of the methods authorized for providing the information. (f) For the purposes of this section, an owner or property manager may disGlQse .either an actuaJ name Qf names or an assumecluname if an assumed name certificate has been recorded with the county clerk. (Ord. No. 7641, ~ 2, 4-27-00) Sec.8C-19. Inspections--Authorized. The director and the fire chief are authorized to make inspections when the owner or manager makes application for a license and whenever necessary or expedient after that to determine the condition of manufactured home community or recreational vehicle community. (Ord. No. 7641, ~ 2,4-27-00) Sec. 8C-20. Inspections. (a) A reasonable time is presumed to be between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday; provided, however, in cases of emergency where hazards are known or suspected to exist which may involve injury to a person or severe property damage, a structure may be entered at any time. T (b) Whenever the director or fire chief is denied entry to a structure such denial shall not be a violation of this chapter but the official may use the resources provided by law to gain entry. (Ord. No. 7641, S 2, 4-27-00) Sec. 8C-21. Conditions or defects constituting an uninhabitable and dangerous manufactured home community, or recreational vehicle community. A dangerously damaged or deteriorated manufactured home community or recreational vehicle community whose condition presents a substantial danger to its occupants or adjoining property or persons and which has some or all of the following structural deficiencies: (1) Parts that may fall and injure a person or property. (2) Damage by fire, explosion, wind, vandalism, or elements of nature so that there may be a danger to life, safety, or to the general health and welfare of a person. (3) Absence of an essential utility for forty-eight (48) hours or more. (4) Inaccessibility of any part of the community to fire, police, EMS or other emergency vehicles. (Ord. No. 7641, S 2,4-27-00) Sec. 8C-22. Time for compliance. After April 27, 2000, the director or fire chief, as applicable, shall order the owners whose communities are subject to these provisions to come into compliance with them. Upon receipt of such notice, the owner shall, subject to the applicable time limits, take necessary actions to comply with the provisions of this chapter. 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 the requirements of the order. (a} - Tl:1e owner, Iand~ord, and manager gf the manufactured home commuf'lity or recreational vehicle community shall comply with the setback and separation requirements of this chapter when a manufactured home, recreational vehicle, or accessory building is moved into or within the manufactured home community or recreational vehicle community (b) The owner, landlord, and operator of the manufactured home community or recreational vehicle community shall comply with the accessway and driveway requirements of this chapter and commence required alterations to the communities within thirty (30) months of the date of the order to the owner and work shall be completed within sixty (60) months from date of owner notification. (c) The owner, operator, and landlord of the manufactured home community or recreational vehicle community shall comply with the fire hydrant requirements and shall commence work on the required alterations to the communities within thirty (30) months of the date of the order to the owner and work shall be completed within sixty (60) months from date of owner notification. See subsection 8C-15(8) for additional requirements. -. r (d) The owner, operator, and landlords of the manufactured home community or recreational vehicle community shall comply with every requirement of this chapter other than those set out in subsections (a), (b) and (c) of this section no later than twelve (12) months of the order to do so. Time frames for life, health, and safety issues may necessitate a shorter time frame and will be so ordered by the fire chief or the director. (e) The owner, operator, and manager of the manufactured home community or recreational vehicle community shall file plans and specifications for the necessary alterations with the director or fire chief, as applicable, and shall obtain proper permits prior to performing any alterations. (Ord. No. 7641, 9 2, 4-27-00) Sec. 8C-23. Building and standards commission. Any failure to adhere to the standards created by this chapter may be referred to the Irving Building and Standards Commission to hear and consider complaints of violations of this chapter. The owner of the community shall submit requests for variances or waivers from this chapter to the director who will file them with the commission. (Ord. No. 7641, 92,4-27-00) Sec. 8C-24. Notices. (a) Notice of such hearings shall be given to the owner, manager, occupants, lienholders or mortgagees affected by an action for enforcement by certified mail, return receipt requested, on or before the tenth day before the date of the hearing. (b) The notice to an owner, lienholder or mortgagee must include a statement that the owner, lienholder or mortgagee will be required to submit at the hearing proof of the scope of any work that may be required to comply with this chapter and the time it will take to reasonably perform the work. (c) Notices herein shall be sent or given by the director or his designated r-ep.J"esentatlve. . (Ord. No. 7641,92,4-27-00) Sec. 8C-25. Action of commission. After a public hearing if a manufactured home community, recreational vehicle community, or any structure contained therein is found to be in violation of this chapter the commission may: (1) Enter into the minutes its findings that the community, or use thereof: a. Is in violation of the minimum standards of this chapter in specified instances; b. Is dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety and welfare; c. Is unoccupied by its owners, lessees 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 entered or used by children; .. r d. Is boarded up, fenced or secured but constitutes a danger to the public or the means used to secure the structure are inadequate to prevent unauthorized entry or use of the community by vagrants, children or other uninvited persons; e. Violates the minimum standards of this chapter and is unoccupied or is occupied only by persons who do not have a right of possession; or f. Is dangerously damaged or deteriorated or is likely to endanger persons or property. (2) Make an order that: a. The manufactured home community, recreational vehicle community, or structure be secured from unauthorized entry. b. The manufactured home community, recreational vehicle community, or structure be repaired, removed or demolished. c. The manufactured home community, recreational vehicle community, or structure be vacated in whole or in part. d. Any or all occupants be relocated. e. Grants a variance from or waiver the terms of this chapter in order to avoid the imposition of a hardship. (3) Compliance time limits: a. An order shall require that a manufactured home community, recreational vehicle community, or structure shall be secured within thirty (30) days. b. An order shall require that a manufactured home community, recreational vehicle community, or structure must be repaired, removed or demolished within thirty (30) days unless the owner or lienholder establishes at the hearing that the work cannot reasonably be performed within thirty (30) days. c. If the commission allows the owner, lienholder, mortgagee, manager or occupant more than thirty (30) days to repair, remove or demolish the structure, the commission shall establish specific time schedules for the commencement and performance of the work and shall require the owner, lienholder, mortgagee, manager or occupant to secure the property in a reasonable manner from unauthorized entry while the work is being performed. d. Tl:le commission-may not all()w the Gwner, USrlholder, mQrt~agee, manager or occupant more than ninety (90) days to repair, remove or demolish the manufactured home, recreational vehicle or other structure, manufactured home community or recreational vehicle community or fully perform all work required to comply with the order of the commission unless the owner, lienholder, mortgagee, manager or occupant: i. Submits a detailed plan and time schedule for the work at the hearing; and ii. Establishes at the hearing that the work cannot reasonably be completed within ninety (90) days because of the scope and complexity of the work. e. If the commission allows the owner, lienholder, mortgagee, manager or occupant more than ninety (90) days to complete any part of the work required to repair, remove or demolish the manufactured home community, recreational vehicle community, unit or structure, the commission shall require the owner, lienholder, mortgagee, manager or occupant to regularly submit progress reports to the commission to demonstrate that the owner, lienholder, mortgagee, manager or occupant complied with the time schedules established by the r commission for commencement and performance of the work. The order may require that the owner, lienholder, mortgagee, manager or occupant appear before the hearing panel to demonstrate compliance with the schedules. f. In a public hearing to determine whether a manufactured home community, recreational vehicle community, unit or structure complies with the standards set out in this chapter the owner, lienholder, mortgagee, manager or occupant has the burden of proof to demonstrate the scope of work that may be required to comply with this chapter and the time it will take to reasonably perform the work. g. Should an owner fail to comply with an order of the commission to repair, remove or demolish a manufactured home community, recreational vehicle community, unit or structure the commission may assess civil penalties against such owner upon notice and hearing. Such notice shall be given at least ten (10) days prior to the hearing to determine whether or not civil penalties should be assessed. (Ord. No. 7641, ~ 2, 4-27-00) Sec. 8C-26. Action by city on noncompliance with order of commission. (a) If an owner does not take the action ordered by the commission within the allotted time the director shall promptly mail by certified mail, return receipt requested, a copy of the order to any lienholder or mortgagee of the manufactured home community, recreational vehicle community, unit or structure not previously served with the order. (b) If the owner, lienholder, mortgagee, manager or occupant should fail to comply with an order of the commission the commission may, in addition to any other actions or remedies in this chapter, authorize the city to: (1) Vacate, secure, remove or demolish the manufactured home community, recreational vehicle community, unit or other structure. (2) Relocate the occupants. (3) Repair the manufactured home community, recreational vehicle .Gommunity, unit or -structur-e to- the extent necessary to b...il"lgitil"lto compliance with the minimum standards. (c) The commission may authorize the director to secure a manufactured home community, recreational vehicle community, unit or structure that violates the minimum standards and is unoccupied or is occupied only by persons who do not have a right of possession before notice and hearing if: (1) Before the 11th day after the manufactured home community, recreational vehicle community unit or structure is secured the owner is given notice in accordance with ~ 214.0011(c) Local Government Code; and (2) The commission conducts a hearing within twenty (20) days after a request for hearing is filed by the owner, provided said request for hearing is filed within thirty (30) days after the structure is secured. (d) The commission may assess all expenses incurred by the city pursuant to the foregoing provisions against the owner of the property and the property. Said assessment of expenses shall constitute a privileged lien on the property subordinate only to tax liens and previously recorded bona fide mortgage liens, unless the property is a homestead protected by the Texas Constitution in accordance with Chapter 214, and Chapter 54, Local Government Code. (e) Upon a finding by the commission that a manufactured home community, recreational vehicle community or other structure is dangerously damaged or deteriorated, or is likely to endanger persons or property, the director may place a placard notice on all dwelling units, manufactured home community, unit, or structure which the commission has determined to be dangerously damaged or deteriorated, or likely to endanger persons or property, with the following language: "Warning! This structure has been found to be dangerously damaged or deteriorated or likely to endanger persons or property. The community/structure/unit is to be vacated immediately. This notice is to remain on this community/structure until it is repaired or demolished in compliance with the order of the Building and Standards Commission. It is unlawful to remove this placard." (Ord. No. 7641,92,4-27-00) Sec. 8C-27. Enforcement of civil penalties, assessments and liens. (a) Civil penalties and expenses assessed herein shall constitute a personal liability of the property owner and a lien against the property. (b) All civil penalties and assessments for expenses accrue interest at the rate often (10) percent per annum. (c) A property owner against whom a civil penalty is assessed or expenses are assessed shall be given notice of such order by certified mail. (d) Promptly after the imposition of a lien for the assessment of a civil penalty or expenses the director shall cause a written notice of such imposition of lien in the office of the county clerk. (e) A certified copy of an order assessing a civil penalty must also be filed with the district clerk. (f) The city may file suit in district court to obtain a judgment against the owner for the amount of the civil penalty and expenses, plus interest, and for foreclosure of its-lien on the property. A lien may not be fOFSclosed jf property on which repairs were made is occupied as a residential homestead by a person sixty-five (65) years of age or older. (Ord. No. 7641, 92,4-27-00) Sec. 8C-28. Judicial review. (a) Any owner, lienholder, mortgagee or manager jointly or severally aggrieved by an order of the commission may file in district court a verified petition setting forth that the decision is illegal, in whole or in part, and specifying the grounds of the illegality. The petition must be filed within thirty (30) calendar days after the respective dates a copy of the final decision of the commission is mailed to an owner, lienholder or mortgagee by first class mail, certified return receipt requested, or such decision shall become final as to each of them upon the expiration of such 30-day period. (b) With respect to any order of the commission that involves a finding that a manufactured home community, recreational vehicle community, recreational vehicle, manufactured home or other structures dangerously damaged or deteriorated an abbreviated copy of the order shall be published one time in a newspaper of general circulation in the city within ten (10) days of the date of mailing of the copies of the order to the owner, lienholder or mortgagee, and a copy filed in the office of the city secretary. ( c) On filing and presentation of the petition the court may issue a writ of certiorari directed to the commission panel to review the decision and order of the commission panel and shall prescribe in the writ the time within which a return on the writ must be made, which must be longer than ten (10) days and served on the realtor or the realtor's attorney. (d) Review of the order of the commission shall be in accordance with 9 214.0012 and 9 54.039, Local Government Code. (Ord. No. 7641, 9 2, 4-27-00) Sec. 8C-29. Rehearing. (a) Prior to any order of the commission becoming final, the commission panel may grant one rehearing if a person affected by the order requests the rehearing within ten (10) days after notice of the order or decision of the commission panel is given. The period for appeal shall begin at the time the commission gives notice of its order on the rehearing. The rehearing must be held no later than thirty (30) days from the date the rehearing request is filed. (b) . A written request shall be made to the director accompanied with a rehearing fee of one hundred dollars ($100.00) unless a person makes written affirmation of his inability to pay a fee. (c) Decisions of the commission are stayed until the rehearing is held. (d) The order or decision on the rehearing shall be final as to all administrative remedies. (Ord. No. 7641, 92,4-27-00) Sec.8C-30. Additional penalty. Any person violating or failing to comply with any provisions of this chapter shall be fined upon conviction, not more than five hundred dollars ($500.00). Each day in which a violation of this chapter exists is a separate offense. (Ord. No. 7641, 9 2, 4-27-00) T