Sec. 18-12. - Licenses required.

It shall be unlawful for any person to establish, maintain or operate within the city a mobile living park by the day, week, month, or for a longer period of time, for compensation, unless there has been obtained by the owner or operator of the mobile living park a license issued by the director of health.

(Ord. No. 85609, § 1, 2-13-97)

Sec. 18-13. - Application for license; plans required; late charge.

After the subdivision plans have been approved as specified under the Unified Development Code, Article IV, Division 8, any person desiring to establish and operate a mobile living park shall make application in writing to the director of health, upon forms prescribed and furnished by said director for a license to operate a mobile living park within the jurisdictional limits of the city. Any license fee payment submitted later than October 31st shall incur a late payment penalty of one percent to be added thereto on the 1st day of November and each month thereafter; and the late payment shall be first applied to the penalty and then to the license fee.

(Ord. No. 85609, § 1, 2-13-97)

Sec. 18-14. - License fee.

In order to defray a part of the expense necessary to provide surveillance and supervision of mobile living parks under the provisions of this chapter, and other applicable ordinances of the city, there is hereby established a license fee of thirty five dollars ($35.00) per annum for each useable mobile living park site, occupied or unoccupied. The license fee shall be payable by the park owner. The license fee shall be collected by the public health department before a license or any renewal thereof is issued to operate such mobile living park. The license fee shall be based upon the number of useable sites as of October 1st, which is the first day of each licensing year, plus any additional sites that are made useable on any day of the license year, and shall be payable annually, in advance, not later than the last day of October of the new licensing year or upon making the site useable. The public health department shall issue a receipt therefor on a form to be prepared for that purpose. No sites may be made useable during the licensing year which are not licensed on October 1st without first paying the thirty five dollar ($35.00) annual license fee per space. If one structure or combination of structures on one site overlaps onto a second site, regardless of the nonuse of the second site's utility hookups, the second site shall incur the license fee. If the park owner also owns the structure on a site, the leasing of the structure constitutes leasing of the site on which it is situated for purposes of this chapter.

(Ord. No. 85609, § 1, 2-13-97; Ord. No. 94584, §§ 21, 22, 9-20-01; Ord. No. 98187, § 17, 9-18-03; Ord. No. 2008-09-11-0777C, § 3, 9-11-08)

Sec. 18-15. - Issuance or denial of license.

Following the receipt of an application for a license required by this article together with the list of identified usable sites and the payment of the prescribed annual license fee based upon the number of usable sites, the director of health shall conduct such investigation as he deems necessary to determine whether the applicant's mobile living park and the sites therein meet the minimum requirements of this chapter, and shall issue or deny a license to operate the mobile living park or any of the site(s) therein within ten (10) working days. Failure to issue a denial of a license for the park or denial of the right to use any mobile living park sites therein within the ten (10) day time limit shall constitute license approval of the subject park or approval of the subject sites.

(Ord. No. 85609, § 1, 2-13-97)

Sec. 18-16. - Inspections.

The director of health and each inspector of the city acting under his authority, for the purpose of protecting the public health, safety, and general welfare, is hereby authorized and directed at any or all reasonable times to make inspections of mobile living park and each mobile living park site therein to determine compliance with this chapter and all other applicable ordinances of the city.

(Ord. No. 85609, § 1, 2-13-97)

Sec. 18-17. - Suspension and revocation of license.

(a)

Suspension. Any license to operate a mobile living park issued under the provisions of this article may be suspended by the director of health, or his designated representative, for the violation of any of the provisions of this article which constitutes an immediate health or safety hazard. Such suspension notice, hand delivered or mailed by certified mail, "return receipt requested", shall take effect immediately upon said written notice being delivered to the owner, registered manager, or registered employee, or any agent of the owner. The suspension of the license may be lifted by the director of health as soon as he deems the park to be in compliance with this chapter, with or without reinspection. In the event of suspension by the director, the licensee shall have the right to appeal to the mobile living park license board by written notice to the director of health if done within (10) ten working days. The board shall make a recommendation to the director to continue with the suspension or to drop the suspension pending final determination on the issue of revocation, based upon evidence presented at the administrative hearing.

(b)

Revocation. For failure to comply with the terms of this chapter, codified as Chapter 18 of the City Code, the director of health, or his designated representative, may revoke any license issued under provisions of this article after an administrative due process hearing before the above mentioned administrative board, at which the license holder shall be given an opportunity to be heard and present evidence relevant to the issue in question.

(c)

Notice. If after the administrative hearing, the director of health makes the determination to permanently revoke or temporarily suspend the mobile living park license, the director of health shall post a public notice in a conspicuous place at each entrance to the mobile living park, which notice shall state: "Public Health Notice: This is an unlicensed park, and is not available for new occupancy by order of the Director of Health." The removal or destruction of this notice shall constitute a misdemeanor crime, punishable by a fine of not more than five hundred dollars ($500.00) upon conviction.

(Ord. No. 85609, § 1, 2-13-97)

Sec. 18-18. - Comfort stations.

(a)

Each mobile living park that provides accommodations for dependent mobile living units shall provide one or more comfort stations in the park.

(b)

Each comfort station shall have separate facilities for male and female residents which contain not less than:

(1)

One flush toilet each sex.

(2)

One lavatory for each sex, supplied with hot and cold running water under pressure.

(3)

One shower for each sex, supplied with hot and cold running water under pressure.

(4)

One laundry sink or washing machine supplied with hot and cold running water under pressure.

(5)

One mop sink, at least fourteen (14) by fourteen (14) inches square and fourteen (14) inches deep supplied with hot and cold running water under pressure.

(6)

Plumbing fixtures shall be maintained in working order and proper repair, and in full compliance with Appendix E of the Uniform Plumbing Code.

(c)

The plumbing fixtures listed in this subsection (b) will accommodate up to twelve (12) dependent mobile living units. For each additional ten (10) dependent mobile living units or fraction thereof, one flush toilet, one shower and one lavatory shall be provided for each sex, with laundry facilities as described in subsection (b)(4).

(d)

If the mobile living park does not accept any dependent mobile living units, then the requirements of subsection (b) shall be waived.

(e)

Comfort stations shall meet the following requirements prior to license issuance or renewal:

(1)

The interior shall be lighted with a minimum of forty (40) foot candles of illumination at lavatories and laundry facilities, if applicable.

(2)

The interior finish shall be of moisture resistant material which shall withstand frequent washing and cleaning. Floors shall be constructed of concrete or other equally impervious, easily cleanable material.

(3)

Water heaters shall be of adequate size to supply a minimum of three (3) gallons of water per hour per useable mobile living park site.

(4)

All rooms shall be well ventilated with all openings effectively screened with size sixteen (16) mesh screen.

(5)

Comfort stations, dressing rooms, toilets, showers stalls, plumbing fixtures, and surrounding areas shall at all times be kept clean, sanitized, well dried, and in useable working condition.

Sec. 18-19. - Mobile living park license board created; function.

The mobile living park license board, as defined in section 18-4 herein, is hereby established. It shall be chaired by the director of building inspections or his representative, and shall hear any appeal by a registered park owner who has been denied a license or whose current park license has been revoked, or suspended pending corrective action, or suspended pending a hearing on the question of permanent revocation of the license because of an alleged health and safety related violation. The health department shall give prior notice of any hearing, and notice of the board's determination, as due process requires.

(Ord. No. 85609, § 1, 2-13-97)

Sec. 18-20. - Violations punished.

A violation of any provision of this chapter shall constitute a misdemeanor crime, and upon conviction, shall be punishable by a fine of not more than five hundred dollars ($500.00). Each day in which a violation occurs shall constitute a separate violation.

(Ord. No. 85609, § 1, 2-13-97)