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
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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.
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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.
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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
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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
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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.
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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.
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(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
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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.
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(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;
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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)
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