Sec. 18-1. - Compliance.

No person shall create or operate or allow the creation or operation of any mobile living park within the city except in conformance with the provisions of this chapter.

(Ord. No. 85609, § 1, 2-13-97)

Sec. 18-2. - Short title.

This City Code Chapter 18 shall be known and captioned as: "Mobile Living Parks."

(Ord. No. 85609, § 1, 2-13-97)

Sec. 18-3. - Interpretation and purpose.

In their interpretation and application, the provisions of this chapter shall be deemed to be minimal in nature, and whenever the principles, standards or requirements of any other applicable provision of the City Code are higher or more restrictive, the latter shall control. The mobile living parks have all of the potential environmental, sanitation, and safety problems of a small, compact, permanent residential subdivision, while existing on the private property of the park owner, who is responsible for the upkeep of the private streets, roads, utilities, and common facilities throughout the park. The purpose of these regulations are to assure the park community residents an environment in accord with the City Code of San Antonio, and to protect and promote the health, safety and general welfare of park residents and those living near the parks. The definitions herein apply only to this chapter regulating park operations; and are related to the environmental, sanitation, and safety of its residents, with particular attention to water supply hookups and sewer line hookups, and are not to be used interchangeably with definitions in other ordinances in the Unified Development Code, or in statutes of the State of Texas or the federal government.

(Ord. No. 85609, § 1, 2-13-97)

Sec. 18-4. - Definitions.

For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the following meanings:

Camping trailer shall mean a portable unit mounted on wheels and constructed of collapsible partial side walls which fold for towing by another vehicle and unfold to provide living quarters.

Dependent mobile living unit shall mean a mobile living unit (1) without its own sewer and/or water connections to accommodate a flush water closet, or (2) without a tub and/or shower, or (3) without a lavatory and/or sink within the unit, making the mobile living unit "dependent" upon outside facilities for these comforts.

Director of health shall mean the director of health of the city or his authorized representative.

Health department is the public health department of the City of San Antonio.

HUD-Code manufactured home means a structure constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on site, is three hundred and twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems.

Licensee shall mean any person or other legal entity licensed to operate and maintain a mobile living unit park under the requirements and provisions of this chapter.

Mobile home means a structure that was constructed before June 15, 1976, transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on site, is three hundred and twenty (320) or more square feet, and which is built on a permanent chassis designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems.

Mobile living unit shall mean a HUD-code manufactured home, mobile home, camping trailer, dependent mobile living unit, motor home, recreational vehicle, self-contained mobile living unit, travel trailer, truck camper, and collectively means and refers to all.

Mobile living park means a contiguous development of land that has been separated into two (2) or more mobile living home sites which may or may not be contiguous, which are platted or designed for the accommodation or placement of mobile living units, and which are rented or offered for rent by the site owner.

Mobile living park operator is the park owner, manager, agent, or employee who is in charge of the day to day operations or maintenance of the park facilities and utilities.

Mobile living park license board shall mean the three-member administrative due process hearing panel of city staff members consisting of the fire chief, the building inspections director, and the code compliance director, or their authorized representative from their respective city departments, the purpose of which is to make final administrative determination of 1) any appeal of the health department's denial of an annual park license, and 2) any appeal of a park license revocation issued by the health department.

Mobile living home site is a plot of ground within a mobile living park which is apparently designed for and designated as the location for only one (1) mobile living unit and not apparently designed to be used for accommodating any other purpose other than the customary accessory structures.

Motor home shall mean a mobile living unit that is a vehicular unit apparently designed to provide living quarters for recreational, camping or travel use, built on or permanently attached to a self-propelled motor vehicle chassis or on a chassis cab or van which is an integral part of the vehicle.

Recreational vehicle shall mean a type of mobile living unit that is a vehicle (1) built on a single chassis; (2) four hundred (400) square feet or less when measured at the largest horizontal projections; (3) self-propelled or permanently towable by a car or light duty truck; and (4) apparently designed primarily for recreational, camping, travel, or seasonal use.

Self-contained mobile living unit shall mean a mobile living unit having a water-flush toilet, lavatory, tub or shower, and kitchen sink, all of which are connected to water storage and sewage holding tanks located within the unit and which facilities are also capable of being connected to outside utilities. A mobile living unit shall not be considered self-contained unless all plumbing fixtures and electrical outlets are both capable of being operated independent of outside utilities and capable of being connected to outside utilities.

Travel trailer shall mean a type of mobile living unit that is a vehicular portable structure built on a permanent chassis, apparently designed by the manufacturer to be towed by another vehicle and used as a dwelling, and which:

(1)

In the traveling mode does not require a special highway permit;

(2)

Is less than eight (8) feet in width; and

(3)

Is less than forty (40) feet in length exclusive of pulling or towing equipment;

Truck camper shall mean a mobile living unit apparently constructed to provide living quarters for recreation travel, or camping use, consisting of a roof, floor, and sides apparently designed to fit onto the bed of a truck. Such units are, for the purpose of this chapter, considered a dependent type of mobile living unit because they do not have a water supply line hookup or a sewer hookup.

(Ord. No. 85609, § 1, 2-13-97)

Sec. 18-5. - General prohibition against mobile living unit being parked outside licensed parks.

It shall be unlawful for a mobile living park owner, operator, or licensee to cause or allow to be parked, a mobile living unit in violation of the zoning requirements of the Unified Development Code of the city, and other applicable regulations in chapter 19 of the City Code.

(Ord. No. 85609, § 1, 2-13-97)

Sec. 18-6. - Nonconforming uses.

Any mobile living unit park in violation of the provisions of this chapter constitutes a public nuisance, and the city attorney is hereby authorized to institute litigation to restrain the operation of the park until the cessation of the public nuisance. Licensees of mobile living parks existing prior to September 3, 1970 shall bring the mobile living park into conformance with respect to the public health and safety provisions of this chapter not later than October 1, 1997. Any suit seeking a court order for the cessation of park operations shall also seek termination of all utilities after reasonable notice to all residents by posting a letter of notice in a prominent place at all entrances, and at one or more places of gathering or at a comfort station in the park.

(Ord. No. 85609, § 1, 2-13-97)

Sec. 18-7. - Registration of park owner/manager/agent required.

Each mobile living park shall be under the direct, day to day management of the owner or his designated agent operator, or an employee manager. The full name, address and date of birth of the owner, and designated agent operator or employee manager shall be registered with the director of health by the park owner, and any change of ownership or management or operator shall be reported to update said registration within thirty (30) days of any change. Failure by the park owner to register the name and address of said owner, and the name and address of the park manager or agent operator shall constitute good cause for the revocation of the mobile living park license on the tenth day after notice is deposited with the United States Postal Service by certified mail to the park owner at the park owner's registered address or last known address. Automatic revocation shall occur on the tenth (10th) day, unless a bearing is requested by the park owner in writing, and the park owner shall thereafter be in violation of this chapter, a misdemeanor crime subject to prosecution for each day such park operation continues without a license, and upon each conviction shall be subject to a fine of not more than five hundred dollars ($500.00).

(Ord. No. 85609, § 1, 2-13-97)

Sec. 18-8. - Records required.

Copies of all records generated by the daily operation, management, supervision, repair, and maintenance of the mobile living park and other records related to the protection of health or safety shall be available for inspection by the director of health during normal business hours. These records shall also include a listing of sites being used at any time during the licensing period. The original records or complete copies thereof shall be maintained by the registered park manager or registered park owner, in the park's business office or where rents are paid in the park. Failure of the park manager or operator to maintain auditable records is hereby declared to be a separate and distinct misdemeanor crime subject to a fine of not more than five hundred dollars ($500.00) upon conviction.

(Ord. No. 85609, § 1, 2-13-97)

Sec. 18-9. - Rules of conduct for mobile living park.

It shall be the duty of the owner of a mobile living park to prescribe rules and regulations for residents, consistent with this chapter, and to make adequate contract provisions for the enforcement of such rules.

(Ord. No. 85609, § 1, 2-13-97)

Sec. 18-10. - Duties of owner regarding health and safety.

It shall be the duty of both the 1) owner and 2) the operator or manager or agent in charge of the day to day operation of a mobile living park, to comply strictly with the following requirements:

(1)

To take such emergency measures as deemed necessary by the director of health to preserve the immediate health and safety of all persons residing in the mobile living park;

(2)

To report to the director of health all known cases of communicable disease affecting any resident, guest or employee of the mobile living park; and

(3)

To facilitate City Code inspections and audits requested by the director of health to determine compliance with this chapter.

(4)

To comply with all City Code requirements and standards which relate to public health and safety, to assist and cooperate with any city official in the investigation of alleged violations of any city ordinances within the park, and to facilitate the officials' ingress into the park to the alleged violation site.

(Ord. No. 85609, § 1, 2-13-97)

Sec. 18-11. - Presumption of rental consideration and site rentability.

(a)

Rental consideration. If the owner of the mobile living park site is not the owner or occupant of the mobile living unit thereon; the presumption shall be that a rental consideration is being paid for use of the site, unless a signed and sworn statement to the contrary is given by the site owner to the director of health and confirmed by the city's auditor or health inspector.

(b)

Unusable sites. If an identifiable site has not been reported by the owner to be unusable by sworn statement to the director of health prior to the beginning of the licensing year, the site shall be presumed to be in useable and rentable condition for the purpose of determining the annual mobile living park license fees.

(c)

Disputes. Any disputed claim by the park licensee of a site's condition or rental status shall be determined by the mobile living park license board after an administrative hearing and consideration of evidence.

(Ord. No. 85609, § 1, 2-13-97)