§ 24-24. HUD-Code manufactured home park development regulations and standards.
The following shall govern HUD-Code manufactured home and travel trailer parks:
(1)
Definitions . For the purpose of this section, certain terms, words and phrases shall have the meaning hereinafter ascribed thereto.
a.
Agent means any person authorized by the licensee of the HUD-Code manufactured home park to operate or maintain such park under the provision of this section.
b.
Building official means the legally designated inspection authority of the city or his authorized representative.
c.
Certificate of occupancy means a certificate issued by the building official for the use of a building, structure, and/or land, when it is determined by him that the building, structure, and/or land complies with the provisions of all applicable city codes, ordinances, and regulations.
d.
City health officer means Director, Angelina County and Cities Health District.
e.
City official means the legally designated head of a city department or his authorized representative when acting in an official capacity.
f.
Common internal street means a private way which affords the principal means of access to individual HUD-Code manufactured home lots and/or auxiliary buildings.
g.
Driveway means a minor entranceway off the common internal street within the park, into an off-street parking area serving one (1) or more HUD-Code manufactured homes.
h.
Fire marshal means the legally designated fire marshal of the city, or his authorized representative.
i.
Habitable . A manufactured home is habitable if:
1.
There is no defect or deterioration in or damage to the home that creates a dangerous situation;
2.
The plumbing, heating, and electrical systems are in safe working order;
3.
The walls, floor, and roof are:
i.
Free from a substantial opening that was not designed; and
ii.
All exterior doors and windows are in place and operate properly.
j.
HUD-Code manufactured home means a structure:
1.
Constructed on or after June 15, 1976 according to the rules of the United States Department of Housing and Urban Development;
2.
Built on a permanent foundation;
3.
Designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities;
4.
Transportable in one (1) or more sections; and
5.
In the traveling mode, at least eight (8) body feet in width or at least forty (40) feet in length or, when erected on site, at least three hundred twenty (320) square feet;
i.
Includes the plumbing, heating and air conditioning, and electrical;
ii.
Does not include a recreational vehicle as defined by 24 C.F.R. § 3282.8(g).
k.
HUD-Code manufactured home park or subdivision means any plot of ground upon which two (2) or more HUD-Code manufactured homes occupied as a permanent single-family dwelling unit are, or are to be located.
l.
License means a written license issued by the building official permitting a person to operate and maintain an HUD-Code manufactured home or travel trailer park under the provisions of this section and regulations issued hereunder.
m.
Licensee means any person licensed to operate and maintain an HUD-Code manufactured home or travel trailer park under the provisions of this section.
n.
Manufactured home or manufactured housing means a mobile home or HUD-Code manufactured home.
o.
Mobile home means a structure:
1.
Constructed before June 15, 1976;
2.
Built on a permanent chassis;
3.
Designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities;
4.
Transportable in one (1) or more sections; and
5.
In the traveling mode, at least eight (8) body feet in width and at least forty (40) body feet in length or, when erected on site, at least three hundred twenty (320) square feet; and
6.
Includes the plumbing, heating and air conditioning and electrical systems.
p.
Parking space-off street means a minimum space ten (10) feet in width by twenty (20) feet in length, located within the boundary of an HUD-Code manufactured home or travel trailer space, or in a common parking and storage area having unobstructed access to an internal street.
q.
Permit means a written permit or certification issued by the building official permitting the construction, alteration, or extension of an HUD-Code manufactured home or travel trailer park, under the provisions of this section and regulations issued hereunder.
r.
Person means any natural individual, firm, trust, partnership, association or corporation.
s.
Plot-plan means graphic representation, drawn to scale, in a horizontal plane delineating the outlines of the land included in the plan and all proposed use locations, accurately dimensioned, the dimensions also indicating the relation of each use to that adjoining and to the boundary of the property.
t.
Police chief means the legally designated chief of police department of the city, or his authorized representative.
u.
Register means a record of residents containing data essential to park management.
v.
Replacement means the act of moving one (1) HUD-Code manufactured home from its existing stand and replacing it with another HUD-Code manufactured home.
w.
Service building means a structure housing toilet, lavatory, and such other facilities as may be required by this article.
x.
Sewer connection means the connection consisting of all pipes, fittings, and appurtenances from the drain outlet of an HUD-Code manufactured home or travel trailer to the inlet of the corresponding sewer service riser pipe of the sewage system serving the HUD-Code manufactured home or travel trailer.
y.
Sewer service riser pipe means that portion of a sewer system which extends vertically to the ground elevation and terminates at an HUD-Code manufactured home or travel trailer space.
z.
Site plan means the same as plot plan.
aa.
Space means a plot of ground within an HUD-Code manufactured home or travel trailer park designed for the accommodation of one (1) HUD-Code manufactured home or travel trailer, together with such open space as required by this article. This term also shall include the terms "lot," "stand," and "site."
bb.
Tax assessor-collector means the legally designated tax assessor-collector of the city, or his authorized representative.
cc.
Travel trailer means any vehicular portable structure, designed as a temporary dwelling for travel, recreational and vacation uses and includes folding, hard top campers transported behind a motor vehicle, truck-mounted campers attached to and transported behind a motor vehicle to pick-up, camper, converted bus, tent trailer, tent or similar device used for temporary portable housing, or a similar type of temporary dwelling intended for short term occupancy, travel and/or recreation.
dd.
Travel trailer park or subdivision means any plot of ground upon which two (2) or more travel trailers as above defined are, or are to be located, for temporary dwelling, sleeping or recreational purposes. The travel trailer parks provide for overnight or short term occupancy; provided, however, that nothing herein contained shall prevent continuous and extended use of the occupancy of such facilities.
ee.
Water connection means the connection consisting of all pipes, fittings, and appurtenances from the water riser pipe to the water inlet pipe of the distribution system within an HUD-Code manufactured home or travel trailer.
ff.
Water riser pipe means that portion of the private water service system serving an HUD-Code manufactured home or travel trailer park, which extends vertically to the ground elevation and terminates at a designed point at an HUD-Code manufactured home or travel trailer space.
gg.
Zoning ordinance means the Zoning Ordinance of the City of Diboll.
(2)
Permits .
a.
No permit shall be issued for the construction or occupancy of a permanent residential structure in any HUD-Code manufactured home or travel trailer park, with the following exceptions:
1.
One (1) existing residential structure may be retained or one (1) new residential structure may be constructed for the occupancy of the owner or operator of the park.
2.
An existing residence may be converted to a clubhouse, community center or service building for use by the residents of the park.
b.
Permit required. It shall be unlawful for any person to construct, alter or extend any HUD-Code manufactured home or travel trailer park within the limits of the City of Diboll, unless he holds a valid permit issued by the building official in the name of the person for the specific construction, alteration of extension proposed.
c.
Application requirements . All applications for permits shall be made upon standard forms provided by the building official and shall contain the following:
1.
Name and address of the applicant.
2.
Location and legal description of the park.
i.
To this application shall be attached three (3) copies of a site plan, at a minimum scale of one (1) inch equals two hundred (200) feet, for sites of thirty (30) acres or more, and at a minimum scale of one (1) inch equals one hundred (100) feet for sites under thirty (30) acres. The site plan shall include all data required under section 24-6 hereof.
ii.
One (1) print of the plot plan is to be circulated by the building official to each of the city departments designated in subsection (6) of this section for approval prior to issuing the permit. This plot plan does not replace or supersede the subdivision plat of the property required by state law to be recorded in the county records of the county in which the property is located, after review and approval of the city planning and zoning commission or other review agency.
d.
Permit fee. All applications to the building official shall be accompanied by a fee calculated on same basis as building permit fee.
e.
Issuance of permit. When upon review of the application, the building official is satisfied that the proposed plan meets the requirements of this section, a permit shall be issued.
f.
Denial of permit; hearing. Any person whose application for a permit under this section has been denied, may request a hearing on the matter under the procedure provided by subsection (5) hereof.
(3)
Licenses .
a.
Licenses required. It shall be unlawful for any person to operate any HUD-Code manufactured home or travel trailer park within the limits of the City of Diboll unless he holds a valid license issued annually by the building official in the name of the person for the specific park. All applications for licenses shall be made in writing on forms furnished by him to the building official, who shall issue a license upon compliance by the applicant with provisions of this section. The building official shall not issue a license unless the applicant is a valid holder of a certificate of occupancy. At any time a certificate of occupancy is revoked, the license is automatically void.
b.
Application for original license. Application for the original license shall be in writing signed by the applicant, accompanied by an affidavit of the applicant as to the truth of the application and by the deposit of the license fee hereinafter provided, and shall contain:
1.
The name and address of the applicant.
2.
The location and legal description of the park.
3.
A site plan of the park showing all HUD-Code manufactured home or travel trailer spaces, structures, roads, walkways and other service facilities.
4.
Before the original license is issued, the applicant shall obtain the approval of the fire marshal on the firefighting appliances, water supply, accessways, or other applicable conditions as meeting fire safety requirements.
c.
Hearing granted applicants. Any person whose application for a license under this section has been denied may request and shall be granted a hearing on the matter before the planning and zoning commission under the procedure provided by subsection (5) hereof.
d.
Application for license renewal. Application for renewal of a license shall be made in writing by the licensee on forms furnished by the building official on or before December 1 of each year. The application shall contain any change in the information occurring after the original license was issued or the latest renewal granted.
Before the renewal license is issued, the applicant shall obtain the approval of the fire marshal on the firefighting appliances, water supply, accessways, or other applicable conditions as meeting fire safety requirements.
e.
License fee. All original license applications or renewals thereof shall be accompanied by a fee of ten dollars ($10.00) plus one dollar ($1.00) for each HUD-Code manufactured home space in the HUD-Code manufactured home park. All renewal fees shall be due on December 1 of each year.
f.
Transfer of license. Every person holding a license shall give notice in writing to the building official within ten (10) days after having sold, transferred, given away, or otherwise disposed of interest in or control of any HUD-Code manufactured home or travel trailer park. Application for transfer of license shall be made within ten (10) days after notification of change covered in sentence one of this paragraph. Within thirty (30) calendar days thereafter, the city shall act on the application for license transfer and it shall be approved if the park is in compliance with the provisions of this section.
g.
Transfer of license fee . All applications for license transfer shall be accompanied by a fee of ten dollars ($10.00).
h.
Violations; notice; suspension of license . Whenever, upon inspection of any HUD-Code manufactured home or travel trailer park, the building official, after consultation with the city official or officials he deems competent to judge, finds that conditions or practices exist which are in violation of any provision of this section applicable to the park, he shall give notice in writing in accordance with subsection (5)(a) of this section, to the licensee or his agent that unless such conditions or practices are corrected within a reasonable period of time specified in the notice, the license shall be suspended. At the end of the specified period of time, the building official shall reinspect the park, requesting assistance from other city departments as may be required, and if the conditions or practices have not been corrected, he shall suspend the license and give notice in writing of the suspension to the licensee or his agent. Upon receipt of notice of the suspension, licensee shall cease operation of such park, except as provided in subsection (5) hereof.
(4)
Inspection .
a.
Inspections required. The building official, the city health officer, the fire marshal, the police chief, and the tax assessor-collector are hereby authorized and directed to make such inspections as are necessary to determine compliance with this section.
b.
Entry on premises. The building official, the city health officer, the fire marshal, the police chief, and the tax assessor-collector shall have the power to enter at reasonable times upon any private or public property for the purpose of inspecting and investigating conditions relating to the enforcement of this section.
c.
Inspection of register. The building official, the city health officer, the fire marshal, the police chief, and the tax assessor-collector shall have the power and authority in discharging their official duties to inspect the register containing a record of all residents of an HUD-Code manufactured home park.
d.
Duty of occupants. It shall be the duty of every occupant of an HUD-Code manufactured home or travel trailer park to give the licensee, his agent, or authorized employee access to any part of the park at reasonable times for the purpose of making the repairs or alterations as are necessary to effect compliance with this section.
(5)
Notices, hearings and orders.
a.
Notice of violations; requirements of notice. Whenever it is determined that there are grounds to believe that there has been a violation of any provision of this section, the building official shall give notice of the alleged violation to the licensee or agent, as hereinafter provided. The notice shall (i) be in writing; (ii) include a statement of all the reasons for its issuance; (iii) allow a reasonable time for the performance of the act it requires; (iv) be served upon the licensee or his agent; provided that the notice or order shall be deemed to have been properly served upon the licensee or agent when a copy thereof has been sent by first class mail to his last known address, or when he has been served with the notice by any method authorized or required by the laws of this state; and (v) contain an outline of remedial action which, if taken will effect compliance with the provisions of this section.
b.
Appeal from denial of permit by the building official. Any person affected by the refusal of the building official to issue a permit under the provisions of this section, as set out in subsection (3) of this section, may request and shall be granted a hearing on the matter before the planning and zoning commission provided that the person shall file within ten (10) days after the date the permit was refused, in the office of the building official, a written petition requesting such hearing and setting forth a brief statement of the grounds therefor. Upon receipt of such petition, the building official shall forward it to the city secretary who shall request the planning and zoning commission to set a time and place for the hearing and shall give the petitioner written notice thereof. At the hearing, the petitioner shall be given an opportunity to be heard and to show why such refusal should be modified or withdrawn.
c.
Appeal from notice issued by the building official. Any person affected by any notice which has been issued in connection with the enforcement of any provision of this section applicable to the park by the building official, may request and shall be granted a hearing on the matter before the planning and zoning commission; provided that the person shall file within ten (10) days after the date of the notice being served in the office of the building official, a written petition requesting such hearing and setting forth a brief statement of the ground therefor. The filing of the request for a hearing shall operate as a stay of the notice and/or the suspension, except in the case of an order issued under subsection (5)(e) of this section. Upon receipt of such petition, the building official shall forward such petition to the city secretary who shall request the planning and zoning commission to set a time and place of the hearing and shall give the petitioner written notice thereof. At the hearing, the petitioner shall be given an opportunity to be heard and to show such notice as to why it should be modified or withdrawn.
d.
Hearing; order. After the hearing, the building official shall implement the decision of the planning and zoning commission by issuing an order in writing sustaining, modifying or withdrawing the refusal, which order shall be served as provided in subsection (5)(a) of this section. Upon failure to comply with an order by the building official sustaining or modifying a decision thereof, the occupancy permit and the license of the park affected by the order shall be revoked.
e.
Order without notice. Whenever the building official finds that an emergency exists which requires immediate action to protect the public health or safety, he may without notice or hearing issue an order reciting the existence of the emergency and requiring that action be taken as he may deem necessary to meet the emergency. Notwithstanding any other provisions of this section, the order shall be effective immediately. Any person to whom an order is directed shall comply with it immediately, but upon written petition to the building official shall be afforded a hearing within ten (10) days. The provisions of subsection (5)(d) of this section shall be applicable to the hearing and the order issued thereafter.
(6)
HUD-Code manufactured home parks.
a.
Site plan. The site plan shall be filed as required by subsection (2)(c) of this section and shall show the following:
1.
The area and dimensions of the tract of land, with identification of location and boundaries;
2.
The number, location and size of all HUD-Code manufactured home spaces;
3.
The location, width and specifications of driveways, roadways and walkways;
4.
The location and specifications of water and sewer lines and riser pipes;
5.
The location and details of lighting, electrical and gas systems;
6.
The location and dimensions of all buildings constructed or to be constructed within the park;
7.
Existing and proposed topography of the HUD-Code manufactured home park;
8.
The location of fire mains, including the size, the hydrants, and any other equipment which may be provided;
9.
Such other information as municipal reviewing officials may reasonably require;
10.
All spaces shall be numbered;
11.
Three (3) prints of the site or plot plan shall be provided to the building official to be circulated to the following city department by the building official, and approval obtained from them prior to the issuance of a permit: engineering, fire marshal, police department and tax department.
b.
Site requirements. Any HUD-Code manufactured home park constructed after the adoption of this section, and for any extensions or additions to an existing HUD-Code manufactured home park in the city, shall be done in compliance with the following site requirements:
1.
Location . An HUD-Code manufactured home park shall be located only on sites having a zoning classification of MH as defined in the Zoning Ordinance of the City of Diboll.
2.
Basic HUD-Code manufactured home minimum site requirements.
a.
Space requirements: Each HUD-Code manufactured home space shall provide a minimum area of three thousand five hundred (3,500) square feet.
b.
Lots per acre: There shall not be more than a maximum of ten (10) lots per acre based on the overall park.
c.
Open space requirements:
i.
The minimum front yard setback shall be ten (10) feet from the nearest corner of the HUD-Code manufactured home to the front line of the HUD-Code manufactured home space.
ii.
No HUD-Code manufactured home shall be closer than ten (10) feet to any property line nor closer than twenty-five (25) feet to the property line adjoining a public street.
iii.
For other structures on each space, the minimum front yard setback shall be at least ten (10) feet.
iv.
The minimum distance between HUD-Code manufactured homes at any point shall be twenty (20) feet.
d.
Height regulations:
i.
The height limit for any structure intended for occupancy in the HUD-Code manufactured home park shall be thirty-five (35) feet.
ii.
The average height of the HUD-Code manufactured home frame above the ground elevation, measured at ninety (90) degrees to the frame, shall not exceed three (3) feet.
e.
Soil and ground cover: Exposed ground surfaces in all parts of every HUD-Code manufactured home park shall be paved, covered with stone screening or other solid material, or protected with a vegetative growth that is capable of preventing soil erosion and of eliminating dust. Parks shall be so maintained as to prevent the growth of noxious weeds detrimental to health. Open areas shall be maintained free of heavy undergrowth of any description.
f.
Drainage: The ground surface in all parts of a park shall be graded and equipped to drain all surface water in a safe, efficient manner.
g.
Design and location of storage facilities: Unless provided in current HUD-Code manufactured home models, storage facilities with a minimum capacity of two hundred (200) cubic feet per HUD-Code manufactured home space, may be provided on the space, or in compounds located within the HUD-Code manufactured home park. Where provided, storage facilities shall be designed in a manner that will enhance the appearance of the park and shall be faced with masonry, porcelainized steel, baked enamel, steel or other material equal in fire resistance, durability and appearance. Storage outside the perimeter walls of the HUD-Code manufactured home shall be permitted if in the facilities.
h.
HUD-Code manufactured home stands: The area of the HUD-Code manufactured home stand or space shall provide adequate support and drainage for placement of the HUD-Code manufactured home.
i.
HUD-Code manufactured home anchors: All HUD-Code manufactured homes in the park shall be anchored in accordance with specifications approved by the building official.
3.
Internal street dimensions and parking.
a.
An internal street or common access route shall be provided to each space. The street shall have a minimum width of thirty (30) feet if off-street parking is provided in the ratio of two (2) parking spaces for each HUD-Code manufactured home space. On-street parking shall be permitted on only one (1) side of the street, and then only if street is in excess of thirty-six (36) feet wide. The internal streets shall be continuous and connect with other internal streets or with public streets or shall be provided with a cul-de-sac having a minimum diameter of ninety-five (95) feet. No internal street ending in a cul-de-sac shall exceed five hundred (500) feet in length.
b.
If the park is constructed with internal streets having a width less than thirty-six (36) feet, off-street parking shall be provided on each HUD-Code manufactured home space in the ratio of two (2) parking spaces for each HUD-Code manufactured home space. Each parking space shall be hard surfaced with all-weather material and located to eliminate interference with access to parking areas provided for other HUD-Code manufactured homes and for public parking in the park.
c.
Internal streets shall permit unobstructed access to within at least two hundred (200) feet of any portion of each HUD-Code manufactured home.
d.
Within each HUD-Code manufactured home park, all streets shall be named, and HUD-Code manufactured homes numbered to conform with block numbers on adjacent public streets. All street name signs and house numbers shall be of reflective material. These street signs shall be of a color and size contrasting with those on public streets. These signs and numbers shall be of standard size and placement to facilitate location by emergency vehicles.
e.
Interior streets shall intersect adjoining public streets at approximately ninety (90) degrees and at locations which will eliminate or minimize interference with traffic on those public streets.
f.
A minimum parking area of one hundred fifty (150) square feet per HUD-Code manufactured home space shall be provided in a common area for storage of boats or vehicles in excess of two (2) per HUD-Code manufactured home space, and for visitors' vehicles, to minimize on-street parking and to facilitate movement of emergency vehicles into and through the park.
(7)
Travel trailer parks. Any travel trailer park constructed after the adoption of this section shall be subject to the approval of the Planning and Zoning Commission and of the City Council of the City of Diboll, Texas. The application for the construction of a travel trailer park shall contain such information as the building official deems necessary, and shall include, but not be limited to, the information requested in an HUD-Code manufactured home park application. The lot area requirements, side yard requirements, if any; front and back yard requirements, if any; miscellaneous park requirements, if any; and set back lines, if any; shall be subject to the approval of the Planning and Zoning Commission and of the City Council of the City of Diboll after a public hearing thereon.
(8)
Access and traffic circulation and parking.
a.
Internal streets, no parking area signs, and street name signs, shall be privately owned, built, and maintained. Streets shall be designed for safe and convenient access to all spaces and to facilities for common use of park residents.
Internal streets shall be kept open and free of obstruction in order that police and fire vehicles may have access to any areas of the park. The police department shall be authorized to issue citations for the violation of the provisions hereof and to remove and impound offending vehicles.
b.
On all sections of internal streets on which parking is prohibited under this article, the owner or agent shall erect metal signs prohibiting parking. The sign type, size, height and location shall be approved by the city public works director prior to installation.
c.
All internal streets shall be constructed to specifications established by the city council and shall be maintained by the owner or agent free of holes and other hazards.
(9)
Street lighting. Street lighting within the park shall be provided along all internal streets. Light standards shall have a height and spacing to insure an average illumination level of not less than 0.2 footcandles shall be maintained.
(10)
Fire safety standards.
a.
Storage and handling of liquefied petroleum gases: In parks in which liquefied petroleum gases are stored and dispensed, their handling and storage shall comply with requirements of the city plumbing and fire codes, as applicable.
b.
Storage and handling of flammable liquids: In parks in which gasoline, fuel oil, or other flammable liquids are stored and/or dispensed, their handling and storage shall comply with the city fire code.
c.
Access for fire fighting: Approaches to all HUD-Code manufactured homes or travel trailers shall be kept clear for fire fighting.
d.
Fire fighting instruction: The park owner or agent shall be responsible for the instruction of his staff in the use of the park fire protection equipment and in their specific duties in the event of fire.
(11)
Water supply facilities for fire department operations.
a.
Water supply facilities for fire department operations shall be connected to the city public water supply system unless a special exception is granted by the city council to use a private water supply system. If a private supply is utilized for service to the park, the private supply must be adequate both for domestic requirements and for fire fighting requirements established by the city. The adequacy of the water supply for fire fighting requirements shall be determined by the fire marshal. If the HUD-Code manufactured home park owner and agent utilize a private water supply, it shall have sufficient volume and pressure so that the city water supply will not be required for fire fighting.
b.
The park owner shall provide standard City of Diboll fire hydrants located within five hundred (500) feet of all spaces, measured along the driveways or streets. Fire hydrants will be subject to periodic inspection by the city fire department. It shall be the responsibility of the park licensee to insure that the fire hydrants in need of immediate repair shall be repaired in a satisfactory manner within twenty-four (24) hours. Non-emergency repairs shall be made within seven (7) days.
(12)
Disposal of rubbish.
a.
The park licensee or agent shall provide an adequate system of collection and safe disposal of rubbish, approved by the fire marshal and the city health officers.
b.
The park licensee or agent shall be responsible for maintaining the entire area of the park free of dry brush, leaves and weeds.
(13)
Recreation area. All parks shall have at least one (1) recreation area.
a.
Extent . Recreation areas and facilities, such as playgrounds, swimming pools, and community buildings shall be provided, which in the judgment of the park licensee or agent will meet the anticipated needs of the clientele which the park is designed to serve. Provision of separate adult and tot lot recreation areas is encouraged.
b.
Size of recreation area . Not less than five (5) percent of the gross site area of the park shall be devoted to recreational facilities, generally provided in a central location. In large parks, this may be decentralized. Recreation areas include space for community buildings and community use facilities such as adult recreation and child play areas, swimming pools, and drying yards, but not including vehicle parking areas.
c.
Playground location. When playground space is provided, it shall be so designated and shall be protected from traffic, thoroughfares and parking areas. Such space shall be maintained in a sanitary condition and free of safety hazards.
(14)
Water supply.
a.
An accessible, adequate, safe and portable supply of water shall be provided in each park. Connection shall be made to the public supply of water unless special exception is granted by the city council to use a private water supply system. If a private supply is utilized for service to the park, the private supply shall be adequate for both domestic requirements and for fire fighting requirements established by the city.
b.
Water distribution system.
1.
The water supply system of the park shall be connected by pipes to all HUD-Code manufactured homes or travel trailers, buildings, and other facilities requiring water.
2.
All water piping, fixtures, and other equipment shall be constructed and maintained in accordance with state and city regulations and requirements.
c.
Individual water riser pipes and connections shall be in accordance with requirements of the city plumbing code, as applicable.
(15)
Sewage disposal . From and after the effective date of the chapter, the following shall apply:
a.
General requirements. An adequate and safe sewage system shall be provided in all parks for conveying and disposing of all sewage. The sewer system for a park shall be constructed in accordance with the city plumbing code, as applicable. All proposed sewage disposal facilities shall be approved by the city health officer prior to construction, except that the use of septic tanks for the disposal of sewage shall not be approved. Effluents from sewage treatment facilities shall not be discharged into any waters of the state except with prior approval of the city health officer and the appropriate regulatory agency of the state.
b.
Sewer lines. All sewer lines shall be constructed, and of materials in accordance with the city plumbing code, as applicable.
c.
Individual sewer connections. Each HUD-Code manufactured home or travel trailer shall be provided with at least four-inch diameter sewer riser pipe. The sewer riser pipe shall be so located on each stand that the sewer connection to the HUD-Code manufactured home or travel trailer drain outlet will approximate a vertical position.
1.
The sewer connection to the HUD-Code manufactured home or travel trailer from the sewer riser pipe and any other sewer connections shall be in accordance with the requirements of the city plumbing code, as applicable.
2.
All materials used for sewer connections shall be in accordance with the city plumbing code, as applicable.
3.
Provision shall be made for plugging the sewer riser pipe when no HUD-Code manufactured home or travel trailer occupies the space. Surface drainage shall be diverted away from riser.
(16)
Electrical and telephone distribution systems. From and after the effective date of this chapter, the following shall apply:
a.
All electrical wiring, telephone lines, cable television lines, and power distribution lines in the park shall be underground and otherwise installed in accordance with the city electrical code except primary power distribution lines may be above ground only at rear of lots.
b.
General requirements. Every park shall contain an electrical wiring system consisting of wiring, fixtures, equipment and appurtenances which shall be installed and maintained in accordance with applicable codes and regulations for such systems.
c.
Power distribution lines, individual electrical connections, and grounding. Secondary power distribution lines shall be located underground. Otherwise all power distribution lines, individual electrical connections and grounding of the HUD-Code manufactured home and travel trailers, and equipment shall comply with the city electrical code, as applicable.
(17)
Service building and other community service facilities.
a.
General . The requirements of this section shall apply to service buildings, recreation buildings, and other community service facilities such as:
1.
Management officer, repair shops and storage area;
2.
Sanitary facilities;
3.
Laundry facilities;
4.
Indoor recreation areas; and
5.
Commercial uses supplying essential goods or services for the benefit and convenience of park occupants.
b.
Structural requirements for buildings.
1.
All portions of the structures shall be properly protected from damage by ordinary uses and by decay, erosion, termites and other destructive elements. Exterior portions shall be of such materials and be so constructed and protected as to prevent entrance or penetration of moisture and weather, and to comply with all applicable codes of the City of Diboll.
2.
All rooms containing sanitary or laundry facilities shall:
i.
Have sound-resistant walls extending to the ceiling between male and female sanitary facilities. Walls and partitions around showers, bathtubs, lavatories, and other plumbing fixtures shall be constructed of dense, non-absorbent, waterproof materials or covered with moisture resistant materials;
ii.
Have at least one (1) window or skylight facing directly to the outdoors. The minimum aggregate gross area of windows for each required room shall be not less than ten (10) percent of the floor area served by them; and
iii.
Have at least one (1) window which can be opened easily, or mechanical device which will adequately ventilate the room.
3.
Toilets shall be located in separate compartments equipped with self-closing doors. Shower stalls shall be of the individual type. The rooms shall be screened to prevent direct view of the interior when the exterior doors are open.
4.
Illumination levels shall be maintained as follows:
i.
General seeing tasks—five (5) footcandles;
ii.
Laundry room work area—forty (40) footcandles; and
iii.
Toilet room, in front of mirrors—forty (40) footcandles.
iv.
Hot and cold water shall be furnished in every lavatory, sink, bathtub, shower and laundry fixture; and cold water shall be furnished to every water closet and urinal.
v.
Heating: Service buildings shall be maintained at a comfortable temperature by heating equipment permitted by city regulations, between October 1 and May 1.
c.
Barbecue pits, fireplaces, stoves and incinerators. Cooking shelters, barbecue pits, fireplaces, wood-burning stoves and incinerators shall be so located, constructed, maintained and used as to minimize fire hazards and smoke nuisance both on the property on which used and on neighboring property. No open fire shall be permitted except in facilities provided. No open fire shall be left unattended. No fuel shall be used and no material burned which emits dense smoke or objectionable odors.
(18)
Refuse and garbage handling.
a.
The storage, collection and disposal of refuse in the park shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards, or air pollution.
b.
Centrally located refuse containers having a capacity of three (3) cubic yards or larger shall be provided. Such containers shall be so designed as to prevent spillage, container deterioration, and to facilitate cleaning around them.
Refuse and garbage shall be removed from the park at least twice each week.
c.
The licensee or agent shall insure that containers at spaces are emptied regularly and maintained in a usable, sanitary condition.
(19)
Insect and rodent control. Grounds, buildings and structures shall be maintained free of insect and rodent harborage and infestation. Extermination methods and other measures to control insects and rodents shall conform with the requirements of the city health officer.
a.
Parks shall be maintained free of accumulation of debris which may provide rodent harborage or breeding places for flies, mosquitoes and other pests.
b.
The growth of brush, weeds and grass shall be controlled to prevent harborage of noxious insects or other pests.
(20)
Fuel supply and storage. From and after the effective date of this chapter, the following shall apply:
a.
Natural gas system.
1.
Natural gas piping systems shall be installed underground and maintained in accordance with applicable codes and regulations governing such systems.
2.
Each space provided with piped gas shall have a cap on the outlet when not in use to prevent accidental discharge of gas, and shall be in accordance with the city plumbing code, as applicable.
b.
Liquefied petroleum gas system. Liquefied petroleum gas systems shall be installed only if an available natural gas system is more than one thousand (1,000) feet from the park. The liquefied petroleum gas system shall be maintained in accordance with applicable codes of the city governing such systems and regulations of the Texas Railroad Commission pertaining thereto.
(21)
Miscellaneous requirements.
a.
Responsibilities of the park management.
1.
All responsibilities set out elsewhere in this article.
2.
The licensee or his agent shall operate the park in compliance with this and other applicable ordinances and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in a clean and sanitary condition.
3.
The licensee or his agent shall notify park occupants of all applicable provisions of this article and inform them of their duties and responsibilities under this article.
4.
The licensee or agent shall maintain a register of park occupancy which shall contain the following information:
i.
Name and address of park residents.
ii.
HUD-Code manufactured home registration data, including make, length, width, year of manufacture and identification number.
iii.
Location of each HUD-Code manufactured home within the park space or lot number and street address.
iv.
Dates of arrival and departure.
5.
A new register shall be initiated on January 1 of each year, and the old register be retired but shall be retained on the premises for at least three (3) years following the retirement. Registers shall be available for inspection at all reasonable times by an official of the City of Diboll whose duties may necessitate access to the information contained therein.
6.
The licensee or agent shall furnish to the Tax Assessor-Collector for the City of Diboll within ten (10) days after the first day of January of each year, a list of all HUD-Code manufactured homes resident in the park on the first day of January. The list shall contain the owner's name and address; the make, length, width, year of manufacture and identification number of the HUD-Code manufactured home; and the address or location description of said HUD-Code manufactured home within the park. Said lists shall be prepared using forms provided by the assessor-collector for the city.
Within ten (10) days after the first day of July of each year, the licensee or agent shall furnish to the city tax assessor-collector the same data required in the preceding paragraph on all residents who have moved into the park after the first day of January; and information on HUD-Code manufactured homes which have moved out of the park after the first day of January including the foregoing data plus the date on which each HUD-Code manufactured home left the park, and the destination of the HUD-Code manufactured home if destination can be obtained.
b.
Responsibilities of park occupants.
1.
All responsibilities set out elsewhere in this article.
2.
The park occupant shall comply with all requirements of this article and shall maintain his space, its facilities and equipment in good repair and in a clean and sanitary condition.
3.
The park occupant shall be responsible for proper placement of his HUD-Code manufactured home or travel trailer in its stand and proper installation of all utility connections in accordance with the instructions of the park management.
4.
Skirting, porches, awnings, and other additions when installed, shall be maintained in good repair. The use of space immediately underneath an HUD-Code manufactured home for storage shall be permitted only under the following conditions:
i.
The storage area shall have a base of impervious material.
ii.
Stored items shall not interfere with the underneath inspection of the HUD-Code manufactured home.
(22)
Illegal uses.
a.
Mobile homes shall not be placed within the city limits or its extraterritorial jurisdiction and mobile homes or HUD-Code manufactured homes in transit shall not remain within the city limits for more than twenty-four (24) hours.
b.
Uninhabitable mobile homes are hereby declared illegal and shall not be placed, replaced or moved to another location within the city or its extraterritorial jurisdiction. Municipal water or sewer shall not be connected or reconnected to an illegal mobile home within the city limits or within its extraterritorial jurisdiction.
c.
Uninhabitable HUD-Code manufactured houses are hereby declared illegal and municipal water or sewer shall not be connected or reconnected to an uninhabitable HUD-Code manufactured home within the city limits or within its extraterritorial jurisdiction.
d.
Any uninhabitable mobile home or HUD-Code manufactured home that remains in an uninhabitable condition for a period of six (6) months or more shall not be repaired but shall be demolished or removed from the city and its extraterritorial jurisdiction.
(23)
Nonconforming uses.
a.
Upon passage of the ordinance from which this subsection was derived, legally existing habitable mobile homes and HUD-Code manufactured homes located outside of a mobile home park or HUD-Code manufactured home park are declared nonconforming uses and may be replaced only when allowed by the rules and regulations set forth by the Texas Department of Housing and Community Affairs. Replacing manufactured homes under this section shall only be allowed once for each home.
b.
Legally existing mobile home parks or mobile home parks for which plans, drawings, applications or other documents have been submitted to the city for review shall be considered nonconforming uses and shall comply with the city ordinances in effect before the passage of the ordinance from which this subsection was derived and subsection (22)(a) above.
(Ord. of 2-16-81, § 24; Ord. No. 10-05, §§ I—III, V(G), 6-14-10)