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The Clarion, KSRM, Mellish & Schmidt's Office will pick their pncket up in my
office. The portion of the agenda published by the Clarion should be emailed as
soon as possible after Noon on pncket day. The camera-ready agenda
c:/myfiles/documents/minutes/agenda form for paper) is emailed to Denise at
Peninsulo Clarion (at email folder Work Session/Special Meetings, or Composition in
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AGENDA
KENAI CITY COUNCIL - REGULAR MEETING
NOVEMBER 21, 2006
7:00 P.M.
KENAI CYTY COUNCIL CIiAME
http: //www.ci.kenai.ak.us
ITEM A: CALL TO ORDER
i. Piedge ofAllegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda
*All items listed with an asterisk (*) are considered to be irouline and non-
controversial by the council and will be approved by one motion. There will be no
separate discussion of these items unless a council member so requests, in which case
the item will be removed from the consent agenda and considered in its normai
sequence on the agenda as part of the General Orders.
ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes)
ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes)
ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS
ITEM E: PUBLIC HEARINGS
Ordinance No. 2191-2006 -- Increasing Estimated Revenues and
Appropriations by $150,000 in the General Fund for Payment to the
Public Employee Retirement System.
(Cierk's Note: Ordinance No. 2191-2006 was postponed from the October
4, 2006 councit meeting. The motion to adopt the ordinance is actiue.)
2. Ordinance No. 2196-2006 -- Amending KMC 14.20.240(c) by Adopting
Mobile Home Standards for Mobile Home Parks Within the City of Kenai.
a. Substitute Ordinance No. 2196-2006 -- Amending KMC
14.20.240(cj by Adopting Mobile Home Standards for Mobile Home
Parks WiChin the City of Kenai.
(Cterk's Note: Ordinance No. 2196-2006 was postponed from the
Nouember 1, 2006 council meeting. The motion to adopt the ordinance is
acttveJ
3. Ordinance No. 2197-2006 - Amending KMC 3.20.020 and KMC
3.05.100 to Provide Dog Licenses are Effective for Three Years and
Setting the License Fees.
a. 3ubstitute Ordinance No. 2197-2006 -- Amending KMC
3.20.020 and KMC 3.05.100 to Provide Dog Licenses are Effective
far Three Years and Setling the License Fees.
4. Ordinanee No. 2198-2006 - Inereasing Estimated Revenues and
Appropriations by $15,000 in the Airport Fund for Professional Services.
5. Ordinance No. 2200-2006 -- Repealing the Eacisting Title 22 of the Kenai
Municipal Code and Replacing it With a New Title 22 Entitled, "General
i'und Lands."
a. Substitute Ordinance No. 2200-2006 -- Repealing the Exisling
'I7tle 22 of the Kenai Municipal Code and Replacing it With a New
17t1e 22 Entitled, "General Fund Lands."
6. Resolution No. 2006-61 -- Setting the Publlc Hearing Date on the
Proposed McCollum-Aliak-Japonski Paving District.
7. Resolution No. 2006-62 -- Authorizing the Amendment of the City of
Kenai, Alaska and Public Employees' Retirement System (PERS)
Participation Agreement to Exclude All Elected Officiais, Effeclive
November 21, 2006.
8. Resolution No. 2006-63 -- Awarding the Bid to Spacesaver Northwest
for Kenai Police Department Lockers - 2006 for the Total Amount of
$35,204.
9. Resolution No. 2006-64 -- Supporting EFforts to Lower the Total
Aromatic Hydrocarbon (TAH) Levels in the Lower Kenai River, and
Opposing the Categorization of the Lower Kenai River as an Impaired
Waterbody.
10. Resolution No. 2006-65 -- A Resolution of the Council of the City of
Kenai, Alaska, 1Yansferring $15, 533 in the Airport Terminal Modification
Capital Projeet Fund for Additional Engineering Services.
ITEM F: MINUTES
*Regular Meeting of November 1, 2006.
ITEM G:
ITEM fi:
1. Bills to be Ratified
2. Approval of Purchase Orders Exceeding $15,000 -- None
3. *Ordinance Number 2201-2006 -- An Ordinance of the Council of the
City of Kenai, Alaska increasing estimated revenues and appropriations
by $638 in the General Fund for a grant from the Rasmuson Foundation
Arts and Culture Programs.
4. Approval -- Assignment of Lease -- Lots 7& 8, Block l, FBO
Subdivision.
a. Assignment of Lease and Consent to Assignment/Blue Mountain
Ventures, Inc. to Loroc, LLC.
b. Amendment to Lease/Updating Insurance Requirements and Next
Lease Renegotiation.
5. Discussion -- Combining Coiinnission/Committees.
ITEM I:
l. Council on Aging
2. Airport Cominission
3. Harbor Commission
4. LiUrary Commission
5. Parks & Recreation Commission
6. Planning & Zoning Comniission
7. Miscellaneous Commissions and Comnuttees
a. Beautificalion Committee
b. Alaska Municipal League Report
ITEM J: REPORT OF TIiE MAYOR
ITEM K:
l. City Manager
2. Attorney
3. City Clerk
ITEM L:
1. Citizens (five minutes)
2. Council
-- None Scheduled
ITEM M: ADJOURNMENT
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NOVEMBER 21,2006
REGULAR COUNCIL MEETYNG
REOUESTED
BY:
Requests for amendments to the agenda:
ADD TO: E-9a, Reference: Substitute Resolution No. 2006-64,
Supporting Efforts to Lower the Total Aromatic
Hydrocarbon (TAH) Levels in the Lower Kenai River.
ADD TO: E-9b, Refexence: Substitute Resolution No. 2006-64,
Supporting Efforts to Lower the Total Aromatic
Hydrocarbon (TAH) Levels in the Lower Kenai River.
CONSENT AGENDA
None
COUNCYL MEMBER
MOLLOY
COUNCIL MEMBER
MOORE
MAYOR'S REPORT
_
SUB STITUTE
Suggesced By: Council Member Molloy
CITY OF KENAI
RESOLU'l ION NO. 2006-(4
A RESOLUTION OF THE COiJNCIL OF THE CITY OF KENAI, SUPPORTING
EFFORTS TO LOWER THE TOTAL AROMATIC HYDROCARBOIv~ (TAH) LEV~LS
IN THE LOWER KENAI RIVER.
WHEREAS, the City of Kenai recognizes Che critical importance of the Kenai River as a
significant environmental, calturai, recreational and commercial asset to our community
and Chat if action is not taken to improve water qualiry in the Lower Kenai River, the
presence of Irnown contamination above allc~wable federal and state regulatory limits may
present an unacceptable risk for future generations of local and visiting users who will
desire the benefits provided by the Lower Kenai River and our City; and
WHCREAS, fhe Federal Clean Water Act (CWA) requires the StaCe of Alaslca,
Depa~•tment of Environmental Consarvation (ADEC) to report on the conditions of
Alaska's waters; and
WHEREAS, ADEC considels the Integrated Water Quality Monitoring and Assessment
Report to be an impartant tool for understanding the health of Alaska's wateis and for
identifying actions thae can be taken to improve water quality in Alaska; and
WHEREAS, ADBC has prepared the 2006 Proposed Tnte~rated Water Quality
Monitorine and Assessment Report in which the Lower Kenai River is proposed for
placement on the Category 5/Section 303(d) lisf of impaired waters for non-attainment of
the Petroleum Hyrdocarbon water quality standard; and
WHEREAS, once a waterbody is placed on the Section 303(d) list, ADEC can develop a
recovery plan to improve water quality in order to maintain the waterbody and its
renewable resources for future generations of multiple users, with the plan to be
developed i~n a public process involving the many interested stakeholders and tY~e public
in determining how water quality will be addressed; and
WHEREAS, multiple agencies, cities, organizations and groups are stalseholders in the
ADECs development of any recovery plan for the Lower Kenai River, including but not
limited to the Alaska Department of Fish & Game, Alaska Board of Fish & Game,
Alaska Department of Natural Resources, City of Kenai, Ciey of Soldoma, U.S. Coast
Gua~~d, many Alaska Native tribes, corporations and associations, Kenai Watershed
Forum, Cook Inlet Keepers, Kenai River Special Management Area advisory board,
Kenai/Soldotna Fish & Game advisory board, Kenai River Sport Fishing Assoeiation,
Upper Cook Inlet Drift Association, Kenai Peninsula Fisherman's Association, and oTher
groups and individual residents with a vested interest in the Lower Kenai River; and
WHEREAS, it wiil take a single agency - ADEC - under the authority of the Clean
WaCer Act to pull the many stakeholders together for x comprehensive soluiion, including
a recovery plan that willlower toeal aromatic hydrocaz•bon levels and attain the Petroleum
Hyrdocarbon water quality standard in the Lower Kenai River;
NOW, TF~REFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that by this resolution the~ State of Alaska, Depar~Cment of
~nvironmenCal ConservaCion is encouraged to wark co-operatively with the many
stakeholders in die Lower Kenai River in order Co undertake and support efforts to lower
total aromatic hydrocarbon levels and to attain the Petroleum Hyrdocarbon water quality
standard in the Lower Kenai River, so as to improve water guality in the Lower Kenai
River for the benefit of all local and visiCing users of fhe Lower Kenai River.
PASS~D BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this twenty-first
day of November, 2006.
PAT PORTER, MAYOR
ATTEST:
Carol Preas, City Clerk
9~
~U~~.~~~~~~~
Suggested By: Council Member Moore
CITY OF KENAI
RESOLUTION NO. 2006-64
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING
EFFORTS TO LOWER THE TOTAL AROMATIC HYDROCARBON (TAH) LEVELS IN THE
LOWER KENAI RIVER.
WHEREAS, the Federal Clean Water Act (CWA) requires the State of Alaska,
Department of Environmental Conservation (ADEC), to report on the conditions of
Alaska's waters; and,
WHEREAS, testing data from 1991 and every year since 2000 has shown a number of
samples that exceeded the total aromatic hydrocarbon (TAH) limit of 10 parts per
billion (10/ppb) in the Kenai River and,
WHEREAS, the State of Alaska, Department of Natural Resources, is presently
drafting regulations to require all outboard motors used on the Kenai River to be
compliant with the EPA 2006 Emission Standards to reduce TAH levels; and,
WHEREAS, ADEC has prepared the "2006 Proposed Integrated Water Quality
Monitoring and Assessment ReporY' categorizing the Lower Kenai River as an impaired
waterbody; and,
WHEREAS, the State of Alaska, Department of Conservation (ADEC), has not provided
a briefing to the City of Kenai as to the implications associated with an "irnpaired
listing"; and,
WHEREAS, the City of Kenai desires to wark cooperatively with other entities toward a
reduction in fuel contamination from the upriver sportfishing activity and dipnet
fishing in the estuary; and,
WHEREAS, the City of Kenai does not support the designation of the Kenai River as
"Impaired" at this time; and that further work should be completed and other options
explored.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that by this resolution the State of Alaska, Department of Environmental
Conservation, be encouraged to work more co-operatively with the City of Kenai, State
of Alaska Department of Natural Resources, Alaska Department of Fish and Game and
others to undertake and support efforts to lower total aromatic hydrocarbon levels in
the Lower Kenai River.
Resolution No. 2006-64
Page 2 of 2
PASSED BY THE COUNCIL OF THE CIT'Y OF KENAI, ALASKA this 215Y day of
November 2006.
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, City Clerk
l~NS~NER~~ yE5!... iF
YGU~ QON iT TNRGUGH
YCUi~ CU1BCaRD
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~~~'^'~~ ~~ ~^' I I'^' ~I V('^' FRANKH. MURKOWSKf, GOVERNOR
I~i l~ill I"l n\I'~1
~ ~~ ~~~ ^ 55D W. 7~" AVE., SUITE 1380
~ ~ ANCHORAGE, ALASKA 99801-3561
~ . ~ PHONE (907) 269-87G0
FAX (907) 269-8907
DEPARTMENT OF NATURAL RESOURCES ~ ~
DlVISION OF PARKS AND OUTDOOR RECREATION
November 16, 2006
Uear Alaskan:
The Department of Natural Resources proposes to adopt regulation changes in Title 11 of the Alaska
Administrative Code, dealing with boat and mot'or restrictions in the Kenai River Special Maoagement Area
(KRSMA), including [he following:
(I) BoaC Motor Use (11 AAC 20.860). This proposal would make changes to
boa[ motor use in the KRSMA, as follows:
a. Increase the maximum allowable horsepower for motorized boats in the
KRSMA from 35 to 50 horsepower (hp);
b. By January 1, 2008, require all eutboard engii~es used in the KRSMA to
be either fourvstroke or direct fuel injection two-stroke motors.
This proposal is necessary to increase dle allowable horsepower so that
typica] KRSMA power boats can operate more efficiently to achieve "pVaning
speed" and reduce the size of boat wakes. Further, the proposal establishes the
upper lin~it on engine size at 50 hp, which is a readi(y availabie, sta~dard ~
manufactured engine size, and removes the authorization for larger engines Yo be
detuned to meet the 50 hp requirement Finall}~, the proposal~ restrict's use on the
ri~~er to engi»es tfiat produce cleaner exhausts; since smdies have documented high ~
levels of hydrocarbon po(lution attributed to boat engines.
(2) Boat Use (7 1 AAC 20.861). A new section is established t~hat limits overall
length and width for motorized boats used in the KRSMA to no more than 21 feet
long and no more than 106 inches wide. This provision would authorize [he use of
lar~er boats unti( Januaiy 1, 2010 by a permit issued to persons who own oversized
boats on the effective date of this regulation.
This provision is necessary to ensure that boat size does not increase when
the horsepower limit is raised to 50, as Che benefi[ from reduced bo~t wakes would
be lost with larger, heavier boats.
(3) Non-mc~torized areas ( I I AAC 20.865(b) A section pennitting limited
motorized use for certain residents in the upper Kenai River area is repealed, as the
allowed use expired in 2003.
You may comment on the proposed regulation changes, including the potential costs Yo private persons of
complying with the proposed changes, by submitting written eomme~ts to Chris Degernes, Chief, Field
Operations, Division ofParks and Ou[door Recreation, S50 W. 71b Ave., Suite 138Q Anchorage, AK 99501-
3561; or via Fax: (907) 269-8907; or via email: Chris De~ernesndnr.state.ak.us
If you provideti oral or written comments duringmeetings conducted by the Kenai River Special
Management Area Advisory Board or submitYed written corrune.nts via an on-line "2007 KRSMA Proposed
Regulatio~7 Cl~ange° Public Commei~t Formn, ~reviously accessible at ~
http~lhv~vw dnr state ak usJparks/krsmalkrsmaindex.htm i~ September and October 2006, please resubmit
your cumments to the proposed regulation changes so that they inay be cor.sidered
"Develnp, Ca2serve, and Enlvance Naturn! Resources far Presers[ and Furure Alaskaies. "
Nroposed UNR Kegulations-PubiicNotice
~ I U16/06
Page 2 of 2
Tl~e eomments must be received no (ater than 4:00 p.m. on December 19, 2006.
Oral or wntten commenfs alsn mav be snhmitted aY hearinoctn hP hPld nn
Tuesdav, Nov. 28, 2006 Wed nesda , Nov. 29, 2006
Kenai Peninsula Borough Building --
Assembl ~ Chambers Suite 240: Robert Ahvood Building ,
- - '~
144 N. Ainkle 550 W. 7". Ave.
Soldotna, AK Anchora e, AK
The hearings will be held from 7:00 p.m. to 9:00 p.m. and might be extended to accommodate those present
before 9:00 p.m. who did not have an opportuniry to comment
If you are a person with a disability who needs a special aecommodation in order to participate in this
process, please contact Chris Degernes at (907) 269-8702 no later than November 21, 2006 to ensure that
ai~y necessary accommodations can be provided.
Tor a copy of the proposed regulatioo changes, contact the Department of Natural Resources Public
Ir~formaYion Center (550 W. 7'~ Ave., Suite 1260, Anchorage, AK), Chris Degernes at (907) 269-8702 or
address listed above, or go to www.dnr.state.ak.us/parks.
After the public comment period ends, The Department of Natural Resources will either adopt these or other
--pro~visi~~eaiirrg wrth ihe same subject, witt~out furtl~er notice, or dec~de to t~e no acYion on tfiem. The
language of the final regulations inay be different from that of the proposed regulations. YOU SHOULD
COMMENT DURING THE TIME ALLOWED IF YOUR 1NTERESTS COULD B~ AFFECTED.
Statutory Authority: AS 4L21.020; AS 41.2;.040
Statutes Being Implemented, Interpreted, or Made Specific: AS 41.21.020; AS 41 .2i.506
Fiscal Information: The proposed regulation changes are not e ecfed to re~qire an~increased
appropriation. ,~, ~'~ j
DATE: ~(== ~` ~" ;
`~..
/
rry Lew/afis!<i, Director
ivision pf Parks and Outdoor Recreation
The Division oCParks and Outdoor Kecreation keeps a list of individuals and organizatior,s interested i~ its regulations.
Tnose on the fist will au[omatically be sen[ a copy of aII of the Division of Parks and Outdoor Recreation's Notices of
Proposed Regulation Ghanges. To be added to or removed from the list, send a request to the Division of Parks and
Outdoor Recrea~ion at 550 W. 7`" Ave, Suife 138Q Anchorage, AK 99501-3561, Atten[ion Sandra Cleveland, or
Sandra Cleveland~dnrstate.ak.us. ~ . ~
> ... ,...~.aa.,w~ru~wannxer:man~~t~aa'~,~k'~k1':91~
ADDITIONAL REGL'LA"I']ONS NOTiCE INFORMAT]ON
(AS 44.62.190(d))
1. Adopting agency: De~artment of Natural Resources
2: General subject of regulation: Re~ulation chanees on use of outboard eneines and boats in the Kenai
River Speeial ManaaemenC Acea ~ ~
3. Citation of regulacion: 11 AAC 20
4. Reason for the proposed action: Implement chan~es in m~ulation to reduce resource impacts caused bv
boats and motors in the Kenai River Special Management Area
5. RDU/component affected: Park Operation and Maintenance. BRI1: Park and Recreation Manaeement
6. Cost of impiementation to the state agency~and available funding (in thousands of dollars):
Initial Year Subsequent
FY 2008 Years
OperafingCost ~10.0 $3.5
Federalreceipts $ 0 $ 0
General fund match $ 0 $ 0
General fund $ 0 $ 0
General fund/
program receipts $10.0 $3.5
General fund/
mei~tal health ~ $ 0 $ 0
Other funds (specify) $ 0 $ 0
Z The name of the contact per son for the regu lations:
Chris Degernes, Chief, Field Operations
Division of Parks and Outdoor Recreation
SSO~West 7°i Avenue, Suite 1380
Anchorage, Alaska 99501-3561
907-269-8702, Chris_Degemes@dnrstate.ak.us
8. The origin of the proposed action:
X
X
9. Date:
staff of state agency
federal government
general public
petition for regulation change
other (please list) Kenai River Specia) Manag emen[ Area ,hdvisorv Board
i i ~ i c /t' G I' ~ ~.. ~. ~c'-'r ~-i ~.-
Name: Chris Degernes
Title: Chief, Field Operations, Division uf
Parks and Outdoor Recreation ~
Telephone: 907-269-8702
.~.w,.
.~'esten~.rt:« T ~... ,, : ~Aa. &. . ;, ~ . . ~.i ~ . ; . , ~ ^°.7~. mm ,,;AtY/pd'!r
, ~k~2~.'..n,~.M:c.
... .. ..,_.,.~mw~.. . . ..~.__ .. . ...__ _ ~....~........ .. _ . ............_ .. ~
,
~ ~ , ~-- ~~~ ~..~- ~-~-~.,~1~ ~ \~~~~. ~ ~,~ ~..
~~ ~ 1 "~'~'~ '. , ~ ~~;, ~~ ~ `n~~ ~~ ~ t=~"`~ '~-~~ ~- ~'Z. ~
~ `^"~7 „ ~,^~,~ .,~`;, ~
~1.
~,~. ~~~ (Table 9j. In summary, increased sa,mpl;ng fcr hydrocarbons (VOA) ir 1991 during peak
`~~
outboard use revealed a more rrequent ircidence of BTEX compounds at higher
concentrations, which suggests tha: motorizea boats may be the primary source of
contamination.
Hydrocarbon analysis of fiver samp(es from sculpin collected throughout the river
indicated that enzyme activity (EROD) was higher in and adjacent to areas of the river
that receive motorized use (Figure 8), Tfiat is, samples from the Moose River, Soldotna
Creek, Slikok Creek, and Beaver Creek revealed moderate to high relative levels of
enzyme activity (rigure S), and as compared to induced samples in the laboratory
(Paige 1992). Conversely, samples irom the Russiar and Fu~ny rivers, wnich are more
remotely located from motorized activity, had the lowest enzyme activity. Although
limited sampiina was done, the results suggest that motorized activi'ry may be associated
with hydrocarbon content of sculpin and warrants further investiga'tion.
Coliform Bacteria-- In 1991 fecal coliform (FC) was detected at higher concentrations
than in 1990 at stations below the Soldotna Bridge. For example in 1990, FC counts
averaged 2/100 ml over the season at and above RM 21 (Soldotna Bridge) compared to
an average of 29/100 ml at RM 18 and below (Litchfield and Kyle 1991). In 1991, FC
counts at Rf~ 21 and RM 23 were ccmparable to 1990 with seasonal averages of
2/100 ml and 3(100 ml, respectively. However, stations located at RM 18 and below
had FC counts ranging from 13-204/100 ml (Figure 9A}, and averaged 74I100 ml over
the sampling period in 1991 (Figure °B). Samples taken above and below the Soldotna
Sewer Treatment Plant in mid lNay on the north side of ±he river revealed FC counts of
4/100 ml and 142/1C0 ml, respectively.
:~
Lit~r~~ture Reviesv ConatvitEee
Recamniendziteuns ~n
LIt~t3i~caticacts to ihe r#Iaska ti~'ater ~ualitY SL:~ndards ~
d~ ~rr
Total A€~uec~us h}~dracarbons and Total Aroaaaatic t~iydroc.ar9aons
Ie~ ~'r~sh and NI~arine ~9'xters
The Attrska DePartment of En~~ironmentat Conse;~~ution (DEC), ay part of the Al~ska
Water CZuality Stax~d~~rcls 2003-2006 TrienniaE Revie~v, supportcd this scientiFic fi[era[ure rc~~ic~v
of avai~~shle inibrmu[ic~n conce~niiig the effects of pr:troleum h}~drQC<trb~ns in the w;~ter cofumn
on ~vater quality and aqu~tic organisms.
The focus of the literature revieiv was limited in scop<; - to review scientific studies, in
partocular those occuriing after 19~5, when the last Peu•oleum Hycirocu~bans revietiv ~vas
conducted, ibr chranic effects of water cofumn cancentrations of hydrocarbons. Specificapiy, the
nquatie lit~e enteria for rotai aqieeous l~ydrocarbons (TAqH} af 15 ug/a and toial aromatic
hydroaarbons {TAH) oF li~ ~~~g/I in the ~vater coiumn «~as the focus of this revietiv.
Vdhile monc~yctic ~romatic hydrocarbons may conitibute to :~cute taxiciry, this review
ft~t:used on the eff~cts of' 1o~v-leve! polyeyclic ~romatic hydrocarbons (PAHs) exp~sure.
Petralewn hydrocarbon contaminltcd sediments are not addressr:d in this revie~~~, as the stanclard
under i~c;vieiv applies only to the watez• colurnn. The Alaska 4Vater Quali¢y St~ndards does
aadt~:ss shareline uitd bottora5 seditnettts under the Toxic ancl C7ther Deleterious Oraanic and
Inorpanic Substances for Fscsh and Marine Water Use section. Sheen is addressed separately.
Neieher of these areas ~~~ere the i~ocus of ihls rev3e~v.
The: revietivers tind tl~a[ tlte majoiity of the scicntitic li[erattire sug~e5ts that cert3in PtaHs, ~
PAYi mix[ures, products oP physicai or biolog3c.~l FAH debradati~n, and UV enhanced toxiciry ~
cun at even very !ow levels - 1 ppb cause chronic sub-lethai effeets in developing fish embryos.
These chronic sub-lethal effects h.tve the pe~ten[iat io eause neeative population impacts on
salmon and othc;r fish. -^'
IIased on otEr expertise and assessment ~F the litecature ~ue do nat, at diis time,
z•ecommend changes to khe rltaska Water Quality Cntexia fc~r dissolved petroleum hydrocurbons
in the ~vater column.
p~e I'acror is that the tc~tal hydrocarbons stanc3ards may ur may i~ot l~e protec~ive af
~vil~ifite depcnding upon tlie specific hydrocarbons present in the mixture. The petra[eum
hydracarhon standards rnay not oniy be appliecl to issues oP c~issol+~ed hydrocarbons in the water
resttldng (7~rn aged ~veathered cntde oil, where a great dea! of research has heen done, but also
t~ clisciztu~;es 1'rom oill~vatce separators treating retined petroleum products and ballast ~vater
ti•enUnent systems. Ttiere mzy be significantly diFlerent combiriations oY f'AHs present in these
~iFferent Gvaste Procluct strearns .~nd, thiis, the representative measured tatal ftydrocarbons mav or
,tta_y not havc signit'icant individual totiicologica[ properties, cspeciaily when considering cltronie
sub-lethai biolo~ical eftects.
The~e is a need to cstablish spc cific groups of' PAHs, including somc individual }'AEts,
based on ecoioxicotoQieal pro~erties that witl sup~art a more meanin~ful water quality s[andard.
Lo~verin, the exisuno standard, ~vnile maintainin~ ihe same generic total petroleum hydrocarbon
~?rouptn~ and 2nalytical methodology> ~vill not aecessarily result in a more protective standard.
~Ve recommcnd that DGC und I~PA support scientitiic studies necessary tu cleariy assess
the irnpac[s of lo+v-le~~el PAHs to tlie cnvironment so that rese~urce mana5ers can 6ettci- assess
the zlced for improvemcnts to the ~vatey~ qunlity standards, 3s necessary to protect biota. The
fo(lowing summ~uizes the excetlent re:commendutions madc by the Natiun<tl Academy oi~ Science
in its Oil in the Sea Ill report in 2003 [c~ur only expansic~n on this is th~t freslzwater ~nd marine,
including 3inked terrestrial ecosystems should be included in tf~e rescarch]:
]) Fede~~~l, state and local authorities should support cfforKS to establish ai' expand studies
monitofin; tiie vulnerable cc~mponents aPecosysterns likeiy ro 6e exposed ta peti-oleam releases.
2) Federal, state and locnl authorities tivorking ~vith indt~stry and nun-~overnmental
or~~tniLations should suppo~t efFoits to understa~id the eumulotive eftects of muitiple types of
hydracarbons, microbi~i degradation producls, especially chronic eCf'ects on indavidual biolo~ical
or~anisms, populations and ecosystems.
3) ~ederal, state ~nd locai a~encies shau[d support effods to determine the compositi~an of
hydrocarbons present in specifie rclease type, such as From ai l/GVater sep~uatars u~eating refined
pinduet~, wealdicred Petraleum spills, and urlaan non-point source poiution.
Concun•in; with thcse recommendati~ns:
a ~. ,~~.~ o s"
Dr. Larr~ y D ~~^ T?ate
:Zt r-coo'~-
Dr. RoUert 1'erkins Date
,. ~--~ _
.~ ~, .~.
' ~~/-~'~'_S-
_ _. -c ~~ ~ ~ <~ n~..~_ m,
f Dr. Todd C)'Hara Date
f.~ ~ , l ir, '
j ~ ~r~ / ~.,~~./~~ ~6~~~!'f~1,~i/'rZ~~~ ~a ~ / ~ ~~,G/L/ ~, .,
II)r. 9'hy ]is Scnnnel-Weher Date
Executive Sumareary
The current Alaska Water Qualiry Standard, set in the late 1970's, was set at 15 µg/L
(ppb) for total hydrocarbons and 10 µg/L for total azomaric hydrocazbons. This Standard
was based on pubiished scientific studies specificaily done on Alaskan species. This
current literature review examines recently pub(ished scientific reports (1995 to preserrt)
to determine the appropriateness of the existing standard. Although literature published
after 1995 was emphasized, we also included earlier literature. A team of five scientists
with expertise in aquatic t'oxicology reviewed the reports.
The current review fotmd acute toxicity values for freshwater bioia ranged from 1.6 to
325,000 µg1L, with a median value of 1865 µg/L (oF 126 values found in the literature).
The lowest reported chronic toxicity value for freshwater biota was reported as a range of
~ 0.8 to 30 µg/L for rainbow trout (Onc~rhynchus myln'ss) exposed to benzo[a]pyrene.
Rainbow trout in this test were reported to haue skeletal defornuties. The highest chronic
toaicity value was reported at>5000 µg/L for the Cladoceran, Daphnia magna, exposed
to Naphthalene. The Daphnia were reported to e~ibit decreased morility; sluggish
behavior, and decreased hemoglobin concentrations. '11ie median chronictoxicity value
for &eshwater biota was 234.5 µg/L (of 30 values found in the published literature).
Tests that included exposure to LJV light resulted in lower toxicity values Than tests
withoue ITV light. ~ ~
The lowest acute t~xicity values for marine biota was 0.23 µg/L for the bivalve, Mulina
lateralis, exposed to Pyrene and W light. The highest reported acute toxicit~~ vaiue was
202,000 µg1L for the crab, Paragrapsus gr~adridentan~s, exposed to Kuwait Light Crude
(96-hr LC;~). The median acute tosicity value for marine biota was 930 µg/L (of 214
values found in the literature).
The towest reported chronic toxiciry value for marine biota was 0.4 µg/L for Pacific ~-
herring, Clupea pallasi, eggs esposed to Alaska North Slope Crude. The reported effects
were edema and malformed jaws of the deveioping fish. The highest chronic toxiciry
value was reported at >73,300 µglL for the bivalve, Mulina lateralis, exposed to
Anthracene without UV light. The observed effects were on growth rate. The median
chronic toxicity value for marine biota was 92 µg/L (of 39 values found in the published
iiterature). Also refer to Tables 9 through 12 for a list of a11 acute and chronic Loxtcity
values reported in the literature for manne biota
The literature on marine mammals pertained mostly to effects of oiling or oil spills and
did not address water column concentrations of PAHs. The esposure concentrations in
these reports were many times higher than the toxicity values found for fish and
invertebrates.
Toxicitu studies with birds reported effects oY oiling, of eggs coated with oil, and of birds
fed food with added petroleum hydrocarbons. One study reported chronic effects on
Pekin ducklings, Anas plaryrhynchos, exposed to 12,500 µg/L dispersed cnide oii in
water.
It is the czdmmistratzons positzon that any action by ADEC to categoYize the Lower Kenai
River as an impaired waterbody is not supported by ihe data. Addationally, ADEC is rzot
reqa~ired by federal lmv or regzslation, rior state statute or regttlatzon to catep,orize the
Lower Kerrai River as an impaired wcaterbody as a result of the tesling performed to dare.
The EPA standard for an impaired water body is that the standard is not exceeded inore
than once in 3 years. While DEC does not fully support that criterion the point is that the
standards have been exceeded numerous times over the last 6 years. In fact, the
Watershed Farum scientist testified that the sampling was not designed to define a
percentage af the time that the standard would be exceeded. However, he felt, based on
6 years of data, the standard would be exceeded at least half the days in 3uly.
The ADEC crlong with the Kenai wc~tershed Forum (KWF) have conda~cted testing in the
Lower Kenai River for total aromatic hydrocarbons (TAH) during the sumnzers of 2003-
2U06.
Testing has taken place since 2000.
The testzng perfor~ned to date slsows there are brief periods during one to three days pe~~
year in which the TAH linrits are exceeded for pe7zods of'fo~ur fo ten hours. ADEC has not
cc~leulated 24-hour time weightec~ avera~es (TWA's), which is standwrd measurement
methvc~ology that wozrld lower the TAH to acceptable levels well below the maximum
limits. ~
What the testing shows is that there are a high percentage of the days in which tests were
taken thaT exceeded the standard. Not every day was tested. For example, because of
budget reductions, only 4 days were tested in 2006 and 2 of those days exceeded the
standard.
A 24 hour time weighted average would have a sYandard of i ppb, not '10 ppb, according
to the Watershed Forum expert. However, this is a stupid statement since the standard is
a spot sample of 10 ppb. If one wants to change the standard there is a different process
for that action.
For ADEC to take an acti~n that would categorize the world's premier commercial rnrd
sport fzshing riveY as an impadred waterway is a~eckless, and not supported by the
available data.
Both DBC and the EPA have stated Yhat the I~enai River meets the impaired water body
standard. I guess the question is what expertise the city has to make this statement. To
not deciare the Kenai River impaired is reckless for it will continue the degradation of tlle
water body which supports industries worth over 100 million dollars.
WHERAS, the b'tate of Alaska, Departn~ent of Natural Resoatrces is pf~esently drafting
regulations to require all outboard motors ~used on the Kenai River to be compliant with
the EPA 2006 Emzssion Standards to reduee TAH levels; arzd ~ ~
The DNR can only regulate the Kenai River upstream of RM 5. Data from 2006 shows
that the persona] use dip net boat fishery contribufed approximately 50% of the
hydrocarbons on Z1 July 2006. At river rnile 1.5 the measured level was over 20 ppb
which is double the standard.
In addition, the regulations the D=VR has drafted do not require 2006 EPA Emission
Standards. DNR could not do this by regulation according to the Director's findings
which is out for review.
Finally, the regulations may not be passed as there is a question whether the regutation
will lower the level of fuel in the river. DEC experts testified that this regutation must be
in concert wiYh a boat 1eve1 reduction (over 300 boats off Ybe river) to meet the 10 ppb
standard.
WHL'12EAS, the ~State of Alaska, I~epartment of Conservation is not maradated by Federczl
or Stczte, law or Yegulation to eategorize the Lower Kenai River crs an `7mpaired ~
Waterbody"; anct
Tbe Clean Water act does require the State or Federal agencies to list rivers as impaired i4'
they meet the criteria for impaired. The waters must be listed if "they are too polluted or
other wise degraded to support their designated and existing use" (The Clean Water Act,
An Owners Manual - EPA publication). If DEC does not list the river as impaired the
EPA has indicated that it will list the river based on the available data.
WHERF,AS, the testz~zg data provided by ADEC shows that ZAFI Zevels in the Gower
Kenai River exceeds the Zimit of 10 ppb for anly several hours on one to three dcrys per
year; cmd
Data shows that the standard is exceeded, based on sampling probability, up to 50% of
the days in 3uly. For example, in 200b four days were sampled and the standard was
exceeded on twa of those days.
WHERL'AS, the Lower Kenai River shauld not be categorized as a category five zmpaired
river because ,sampling shows zt to exceeds limits f'or TAH zn one location for sever°al
hours of the entire year.
A number of locations exceeded the standard over the past 6 years. In addition, the
sampling was not done through out the whole river as only snap shot samples could be
faken beeause of budget limitations. For example, sampling was done away from and
downstream of major fishing aetivities. If done in the middle of boat concentrations over
the day the standard wouid iikely be exceeded by much greater levels and more
frequenfly.
State of AZaska, Department of Environmental Conservation not categorize the Lower
Kenai Rzver as cm inapaired water body, be encouraged to work co-aperatively with the
State of Alaska f~epartnaent of Ncztural Resoia•ces ancl others to undertake arzd support
efforts to lower total aromatic hydrocarbon levels in the Lower Kenai RaveY, and to
contiraue to categorize the Lower Kencai River as a category three waterbody.
The foilowing agencies, cities, and groups are involved in the soPution to the river's
pollution - ADF&G, Board of Fish, DEC, DNR, City of Kenai, City of Soldotna, Coast
Guard, Watershed Forum, Cook Inlet Keepers, KRSMA advisary board, Kenai/Soldotna
Fish and Game advisory board, Kenai River Sport Fishing Association, Upper Cook Inlet
Drift Association, Native Organizations, Kenai Peninsula Fisherman's Association, and
other groups with a vested interest in this river. To assuine that each group will acf
together is just not historically correct. It will take a single agency - DEC - under the
authority of the Clean Water Act to pull the stakeholders together for a comprehensive
solution. The City of I~enai is part of the solution. For the City to assume that some
undefined agency or group will take this task on with no funding appears to be
diversionary from the task at hand.
In addition to the above a comment was made ~that no impacts on fish haue been
demonstrated. I am not sure who said it but this is also false. In 1991 A1JF&G sampled
sculpins for indications of hydrocarbon stress. They found elevated levels of enzymes in
the liver which indicated that these bottom oriented tish were being exposed to
hydrocarbons. They further stated that sculpins with high levels were associated with
areas that had high motorized boat use (Litchfield and Kyle, 1992)
~~~z~~~ ~~~.
Kenneth Tarbox
Box 3507
Soldotna, Alaska 99669
907-262-7767
Year Date Investiq ator ~iver Mile Value
1991 5-Jun ADFG iZ 18.3 Wed
1991 9-]ui ADFG 6 16.58 Tues
1991 9-Jui ADFG 12 14.06 Tues
1991 30-Jui RDFG 6 28.9 Tues
1991 30-]ul ADFG 12 14.4 Tues
2000 18-7ui KWF 1.5 50.1 Tues
2000 18-~ui KWF 6.5 12.11 Tues
2001 24-Ju! KWF 6.5 11.85 Tues
Z002 16-Jul KWF 1.5 15.2 Tues
2003 20-7ui Oasis Environ 10, iz:00 10.2 Sun
2003 20-lui Oasis Environ 10, Z4:00 10.76 Sun
Z003 22-7ui KWF 1.5 10.49 Tues
2004 20-Jul KWF 1.5, 13:20 14.4 Tues
2004 20-]ul KWF 1.5, 11:43 12.06 Tues
2004 24-7u1 KWF 1.5, 19:27 11.38 Sat
2004 24-Jul KWF 1.5, 21:55 13.88 Sat
2004 25-Jul KWF 1.5, 17:27 11.13 Sun
2004 25-Jul KWF 1.5, 19:58 13.57 Sun
2004 Z5-Jul KWF 1.5, 22:08 12.79 Sun
Z005 17-7u1 KWF 7, 9:35 11.7 Sun
2005 17-Jul KWF 7, 9:50 10.9 Sun
2006 18-7ui KWF 1.5, 14:50 11 Tues
2006 18-7ui KWF 1.5, 15:05 11.9 Tues
2006 21-Jul KWF 1.5, 14:10 11.8 Fri
2006 21-Jul KWF 3.8 17 Fri
2406 21-Jul KWF 7 12.1 Fri
2006 21-7u1 KWF 1.5, 18:00 18 Fri
2006 Z1-7u1 KWF 1.5, 18:15 20.2 Fri
L~natecl ~'ook I~alet Dr-ift Associatfon
43961 K-Beach Roud, Suite E. Soldofia, Alaska 99669. (907) 260-9A36 . fax (907) 260-9438 + ucida@acsalaska.net
Date: November 3, 2006
Addressee: Kurt Fredriksson, Commissioner
Depart~nent o~f Envirorvziertal Conservation
410 Willouehby, Ste. 3C3
Juneau. AK 99901-179~
RE: Kenu River Category 5 Implired Designation
Dear Commissioner Fredriksson:
UCIDA represents the commercial s~lmou d:ift fleeY in Coc~k~In1eT comprised of 585
tishermen, deckhands and theu~ families. We c~epend upon bealtliy and pollution-free
returns of salmon to Cook Inlet. We are upset at the fact that 600 gallons of ~
hydcocarbons per ciay are rele~sed 'nito the Kenai River. The Kenai River is home to
large rehims of king, socl<eye, coho and pirilc salmon. These salmon require clean,
poflution-free environinents. With a category 5 designation, ~~re see that a recovery plan
is required. We encour~tge the immediate development of the recovery p1an.
We encourage you to loolc at these opCions:
1) Drift vessels only
2) No upsiream moCOrized frave]
3) Limiting the number o'f vessels ou the river at one tim~
4) Lotteries for access to the river
5) Much higher fees for con~mercial ope;rators
6) Total elimination o£ all commerci~l operators utilizing n~otorized vessels
7) Much stricter ei~~forcement policies
8) Lowering the horsepower limits on outboards
9) Prohibiting "back troiling°
As a commercial sahnon fishing industry, we have spent inillions oP dollars on ~
advertising, proinoting and marketing "Wild and Clean" Alasl<an salm~n. Havin~ 600
gallons of hydrocarbons per day in the Ken~i River that directly leacls to the impaired
(polluted) designation wiil economie~liy harnl our memUers, their famiiies and crew
members. We deserve and deman~l that the I~enai River waTecs be cleaned up and kept
that way.
We also note that there are multipie state ai~d fe~lera] agencies Chat wiil be involved. This
is especially true of~the lower five iniles of the~Kenai~ River that are not a part of the
Kenai River Special~ M~agement Area.
Sincerely,
~~ ~ ~~~~
Rola~id R. Maw, I'hD
UCIDA Executive Director
ams
cc: I~NR Commissioner
ADF&G Commissioner
EPA Commissioner
Governor's office
Tom Wagonec
Mike Chenauit
House Fisheries Cois~mittee
US Coast Guard
Board of Fish
Kenai Wild
UFA
KPFA
CIFF
ADF&G Advisory Committees
CIAA
A.iaska ~Departmen~ o~ En~v~~a~aa~ae~t~l Conse~vati~n
Water Quality Assessnaent ~ ~~~p~~'~~~g
2006 I't'oposed Intc~~rated ~atea Qua~ity 19~onit~r~ng
anc$ t~s~essrr~ez~t I~eport (~~teg~~atec~ ~2el~ort)
About tl~e r~pofl-t: ~
Every 2 years DEC is required to report on the conclilion of Alaska's w~tcrs in
accordance witl~ the Clean Wa~ter
AcC. The Inte~'ated Report categorizes 1n~owi2 waterbodies in Alasl<a and includes the
federal Clean ~later Act
~(CWA) reporting requirements foi the 305(b) report ind ~03(d) list of Category 5
polluted waters. The
Integtated Report tilso helps the State prioritize wafers for data gathering, watershed
proteetion and restor~tioil
of impaired waters. This is the public comment l~eric~d_ioi the 2006 Proposed IntegraCed
Report.
I~ENAI AI2EA FI~~I~I2I~IAN'S COALITION
47083 Belmont Ct. Kenai, Ak. 99611 *(907) 283-1054 Y dwimarC~~ci.net
Mr. Drew GranC. DEC
P.O. Box 1ll80
410 Willouhbv Ave. Ste. 303
Juneau_ Ak. 99801
Dear Mr. Grant
November 7. 2006
This letter is fro~m the Kenai Area Fisheiman's Coalition, which is newly formed
orguuization of scientists and non-guided an~lers of Che Kenai Peninsula. Our
organization's purpose is to provide objcctive scientific commenTS on issues impacting
Kenai Peninsuta streams and rivers. At the present tirne we have 8 fishery biologisCS in
our membership with a combined expei~ience of over 120 years studying Kenai Peninsula
ecosysLems, wieh a strong focus on the Kenai River.
It is our opinion that the Kenai River should be lisCed as a Category 5 impaired water
system. This is based on ouc knowledge of the dafa and pxocess the Department of
Environmental ConservaCion (DEC) eonciucted to arrive at this decision.
We would like to state that a mimber of`~ lhe members of the organization were aware of
this issue back in the early 1990's wiYh the publication of a report by Litchfield and Kyle
(1992) enCiC'led Kenai River Wnter Qualitv Investigutic~2s Completion Keport prepared for
the Alaska Deparhnent of Fish and Game(ADF&G)~. In addition, we have reviewed the
reports by OASIS Environmental I~sc and the Watershed Forum on hydrocarbon levels in
the Kenai River. We found these reports to be creditabte scientific documents. We
would also like to see a comprehensive study of new data of comparabie aquatic marine
life in these lower esCUaries so a11 of us can better detennine whae changes may have
occurred over the last twenty five years. Studies on resident species and juvenile salmoii,
holding in these waCers, may also provide informaCion important to long iange planning.
Finaily, we havic examined the report by Scannell, Dasher, Duffy, Perkins, and O'Hara
entiCled Acute and chronic toxicr~ry of~ 1~_ydrocarfions in marine arzd fresh, water with cin
ernphasis on A1c~iska species, A review of'zhe literatc~re and found it well researched. The
retention of Che present standards for hydrocarbons a~pears to be defendable.
It is our assessment that DEC musL list the river as a Category 5 since no recovery plan is
in place and multiple ageucies will have to be involved to prepare such a plan. For
example, data fxom 2006 in the Kenai River indicaCed that a significant contribution to
the hydcoearbon pollution eomes fiom the personal use boat dip net fishery located below
the ~~airen Aims bridge. Whiie the Depaztment of Natural Resources has authority to
tal<e action above tl-~c bridge thev have no ~uthoritv to take action 6e1ow it This will
require the co-ope, ation aad participation of ADFc~G and the Board of Fish. Only DEC
can co-ordinate this rec~very plannina under your authority ~raneed in ~he federai C1eai~1
Water Act ~ ~
It is our de5ire ~hat DEC move quickly t~ start the process cf prepflrin~ a=~ecovery plan
and imptemer:~ phases of that plvi by 2008. It is our opir.ion based on data prese~:ted and
confirmed by DEC staff and direc~or That iz2c.~e~sins horsepower in [he K~nai River,
abc~ve the Wanen Aanes bridgE, will not solve the nvdrocarbou issue, and in fact may
negativeiy contribute to the probiem. We believe, th~it inevitabty areduction in boats or
use patterns will be needed fiom the mouth of the :iver to civer miie 19.
Thaz~i< you for hauing the cour~ge to list Che Kenai River and we loolc fo~rward to working
with you on the recovery plan.
Sincerely,
lack Dean
Chairman, Kenai Area Fishexman's Coalition
cc: DNR Commissioner
ADF&G Commissioner
EPA Commissioner
Govemor's 01~fic~
Tom Wa*aner
_VlilcE Chenault
Paul Seaton
Board of Fish
House Pisheries Committee
Cook Inlet Keepers
Keizai Wntershed I'orum
KRSMA
Drew Grant 8 November 2006
PO Box 11180
410 Willou~hby Ave Ste. 303
Juneau , AK 99801
drew_~ant;~dec.state.ak us
Phone: 90'7-465-5304
Fax:907-465-5274
Dear Mr. Grant,
The purpose of this letter is to support the listing of the .Kenai River from river mile 19 to
the mouth as a category 5, impaired water.
Por the record I am a retired Alaska Departrnent of Fish and Game biologist who has
spent over ZO years working on the Kenai River. My position as the Reseazch Project
Leader for Commercial Fisheries Division, Upper Cook Inlet allowed me to witness first
hand the demise ofthis unique salmon producing system.
In the early 1990 ADF&G first becarne awaze of a potential problem in the river with a
report completed by Litchfield and Kyle (1992) entitled Kenai River Water Oualz2y
Investigations Completion Report, ADF&G FRED Report 123. In that report the authors
noted increased enzyme activity in sculpins and noted that this was associated with
motorized boat activity.
However, it was almost a decade before continued investigations on Kenai River water
qua(ity were started. Now in 2006 we have the data to show without a doubt that
motorized activity on the river is causing hydrocazbon levels to exceed the standards set
for the protection of aquatic resources. I have reviewed the investigations and find them
creditable and defendable. While I would have preferred more intensive sampling that
criticism should not detract from the fact the river is being polluted from motorized
vessels.
I have also reviewed the document by Scannell, Dasher, I3uffy, Perkins, and O'Hara
(2005) entitled Acute crnd Chronic Toxicity of Hydrocarbons in Marine and Fresh Water
with an emphasis on Alaska Species, A Review of the Literature, ADEC. This document
is very complete and certainly is defendable relative to the present standard. In fact, the
impact on rainbow trout at 1 ppb is of concern since the Kenai River has a significant
population of rainbow trout. This would suggest the present standard may in fact be too
high.
However, what is important here is that the Kenai River be listed so that a recovery plan
can be prepared and implemented Only the AI3EC can do this task. The river has
multiple jurisdictions comprised of State and Federal agencies. No single agency has
jurisdiction over the whole river.
For example, while DNR has authority in the Kenai River Special Management Area that
jurisdiction stops at the Wanen Ames Bridge. Yet, a major source of pollution takes
place downstream of the bridge with the sockeye salmon personal use fishery (see results
for 2006 hydrocarbon sampling). That fishery is under the jurisdiction of ADF&G and
the Board of Fish.
There will be compleTing fisheries and therefore users involved in solving this probtem.
While DNR may take action to solve the hydrocarhon levels in their area of responsibility
the level of reduction they implement may not bring levels below the standard if the
personal use f shery is ailowed to continue in its presenf form,
For example, looking at the 2006 data (July 21st) it appears that hydrocarbon levels at
river mile 7 were 12.lppb while at river mile 1.5 the level was 202 ppb (below the
personal use fishery). Therefore, even if DNR reduced the level at river mile 7 in half
the personal use fishery would have to take similar reductions to meet the standard. If
D1VR actions only reduce the level to the standard then the personal use boat fishery
could not operate. The ADF&G, DNR, nor Board of Fish can facilitate the discussion of
sharing of the conservation burden. ADEC is the only hope for having Chis discussion
during the preparation of the recovery plan.
In summary, a Category 5 listing for the Kenai River is Lhe only hope for moving in a
positive direction. Otherwise the river will continue to be stressed and ultimately the
resources of this river will be lost.
~hank ~y~ou- for the opportunity to comment,.
'^~V~ '~~ U,'v~}-v~-
en Tarbox `
Box 3507
Soldotna, Alaska 99669
907-262-7767
:~ _. ~s
City of Kenai
ORDINANCE NO. 2196-2006
14.20.240 Mobile Homes.
(c}
{1) To be revised to allow for rebuilding, repair ect.
Note: It has taken me two years to rebuiid some trailers.
(a} HEA's responsibiiity ends at the meter.
(b) Enstar's responsibiiity ends at the properly functioning of the appliances
Enstar connects to.
(c) The plumbing needs to be inspected and tested before the skirting go's up.
(2} Foundations. i wouid like to see 6 mii visqu2en placed on the ground. Then.
concrete blocks piaced on top of the visqueen. Then solid blocking up to the
trailer. The trailer needs to be raised high enough for the tires to clear the
ground. You need this space to work under the trailer. Tight crawl spaces don't
get used. Permanent foundations are not economical or needed. They seem to
be overkiil, wasteful and can't be reused easily.
(3) Blocking. A 70 foot trailed wili have 17 blocking places. The more blocking
you have the smaller the pads need to be. The pads on gravel can be smaller
then pads an clay. To much blocking and you can't work under the trailer.
(4) SKirting i would like to see a 2x2 or 2x4 frame hung from the trailer and
extended to 1 or 2 inches below grade. The extry visqueen needs to be
connected to the top of the skirting ie bottem of the trailer. This bags the warm
air and keeps the moist air from migrating all the way to the roof. The skirting
needs to have a thin backing to hold the sprayed on insulation. After this is
hung, metal that matches the trailer is attached to the outside of the skirting
frame.
(5} A(( entrances steps need to be 4 to 6 inches below the entrance door,s siil. The
wooden stairs situated a few inches above grade on concrete biocks or
equivalent.
(6} Attached Additions. These shouid be placed on faundations that match the
foundations of the trailer, and be skirted in so that the temperature is the same
under both. If there is any heaving, Bt wili be the same under both.
(7) Out buildings. Should be 5° from ,the trailer, attachments and the fences.
(8) Setbacks. Shouid be 15 feet on the doar side, 5' at the back and 5' on the other
side.
(9) See #8 plus room to park in front.
These considerations should allow me to stay in business and continue to drop
several hundred $ into your treasure each month. As things are my taxes are more or
ciose to the same as my profits. . Also I could use some cooperation with trash
removal, oid car removal and with big dog rules.
if there is a way I can be of help on these matters please call me at 283-7952
Roy E. Wright
Box 95
Kenai
November 7, 2006
Dear Editor of Peninsula Clarion,
Even thoug6 I missed Yhe Council meeting held last week about the ordinance on Mobile Home Parks (I
guess they forgot to notify tlie Park owners and residents, imagina that)... af~er 1 read tlie recent article by
Phil Hennanek entitled, "Mobi[e Home Rules Stalled," I feel now like Pm walking into a meeting of t~he
Harper Valley PTA. The number of hypocrites certain(y seems similar.
Having been the owner of Hightand Pride Mobile Home Park for tl~e past 4%z years, I feel littte sympathy
for our `S~eighbors" wi~o dramatica(ly reported their woes at having to "drive t6rough the Park" everyday.
Horrors!! They sure don't complain, however, about the convenience of dumping their garbago, raw,
smel ly fish waste, and all manner of discarded household junk into and at the base of our dumpsters "for
free." And as Ms. I,ohrke said, "I know it's them. I've seen `em:' Pve even walked up to tlie~ro
personally righf after dumping and asked them, as the Park's owner, not to do tl~at. (By the way, look
again, Ms. Lohrke-we deposit our trash in our own dumpsters which the Park pays for-why go
anywl~ere else? Perhaps iYs your ot/zer neiEkb~rrs'trash you have to clean up eac;h spring, you know, the
ones iu the fancy houses who are too cheap to buy their owi~ trash service or take their junk Yo tl~e dump.)
Nor do Yhey menfion the many near misses They've had with our residents' children, as these idiot
neighbors race through the Park year around at speeds of up to 45 miles an hour. But hey, who cazes
about trailer parlc kids ~etting hit by cars-after a11, tl~ey're jusC "playing in the mud holes" (aceording to
Kurt Rogers) anyway, right? Mr. Rogers didn't seem to mind the "tness" the Park was in earlier this year,
however, when he enthusiastically and repeatedfy aitempted to buy it from me with a low-6a11 offer.
Perhaps these neighbors have a different agenda than Yhe one thcy brought up at the Couneil meefii~~, ff
they run the Parks out of business wiYh these ridiculously restrictive, uunecessary, expensive, and
aesThetics-oriented ordiiiances which effecfively prevent ai~ything but new trailers owned by well-off
people from moving in, (a rare item in Kenai), our land will become worthless and we wii have to shut
down~xactly what they want.
Yeah, leYs hold those trailer park owners accouutab(e (says Don Zacharias), ttse bunch of bums! Never
mind that I spent $] 0,000 within tl~ree months of buyiqg the Park in 2002, on a commercial playground
and sandbox for the Park's kids (to KEEP them from playing in the streets) and which is ofYen used 6y the
surrounding area's kids as we11. And leYs not bring up the $5,000 in gravel, topsoil, and I~ydroseeding we
spent sprucing up all the driveways and yards two years ago. (I persoually operated the Bobcat for days
on end.) Our hard-working, on-site manager, Terry M,eier, spant dozens of hours helping residents clean
up yards and took several loads to the dump this ~ast summer. We've construeted and painted new
porches, builtfences, bought a commercial $1,000 DR Trimmer-Mower and snow-blower, filled in
dangerous~ holes in residenfs' yards, replaced perfectly funetionu~g hot water heaters and furnaces in our
rental trariers which had been functioning flawlessly for years just because they weren't "trailer
a~proved," provided paint and tools fc~r residents, and spen4 thousands of dollars replacing sewage pipes,
(because the original pipes were made of material which disintagrated over fime), septic equipment and
~vell pumps. We've had to deal witli the vandalism of our wonderful neighbors' kids dropping 2x4's into
our septic tank, and driving their fbur-wheelers over our sepTic a~~d leach field area and breaking all the
clean-out pipes.
Let's face it these "ordinances" are not about health and safety-They're about acting as a barrien• to
people wanting to move used trailers into the only place left in the Ciry to do so: its trailer parks (since
"the City" probably encompasses rnore square miles now than San Frai~cisco and has gobbled up land
way outside of its natural "ciry limits." Fiigl~land is not esactly located in what you'd call a"City"
setting.) As the gal from the Council wha catled me (a ter the hearing) said, "We've already taken care
of {elirv~i~rtating} trailers isz the City, now we're warking on trailers in the Parkc in tke City."
No, iYs not abouY safety. How many people have lost their lives by fallin~ through Yl~e floors of their
trailers due to unacceptable footings, or from the roofs caving in, or from the lean-tds collapsing?
Right-none. How maay hazards have there been because a trailer space was a little smaller than the
"new standard" size (as if we could DO anything about the size of the existing Park spaces!)? What are
they tl~inking... do people stmnble outside in their sleep and bang into the trailer next door because it's
too ctose? Are we Park Owners supposed to dig up utilities and combine spaces that are "too smalP' into
bigger spaces? This doesn't make sense. Further, the Ciry wants trailer owners to obtain hui[ding
perrrzits and build 4' x 4' cement PADS for each BRICK that Youches Yhe ground, in order to be allowed
to move into Parks their homes mz wheelsl
The ardinance would require fhe new move-ins to be virtually brand new to conform to the "rigid
standards," and if their owners had the amount of money the City is trying to require thern to have, to
spend on cement pads, permits, i~spections, etc., Yhey probabiy wouldn't be living in a trailer in the tirst
place! Pm sure G. M. "JefP' Graves can tell us lots of stories abouY how poor things are at High(and...
m¢vbe that's the noint... with "poar" beinQ the operntive word. Maybe the "City" just doesn't want
these people here anymore, is that the real message? Because if an older trailer can't be moved into
Highland Par]< or anywhere else in the City, because it simply can't meet the "new standards," and the
space it's on is being reassi~;ned to another use, what is that person supposed to do?
Yes, people build lean-to's against their trailers, insulate them, wire them, heat them, furnish thein, a~~d
sometimes people and kids sleep in them as bedrooms. What's wrong with thaY? I suppose Mr. Graves
would rather those kids sleep and live in their vehicles or be homeless... or maybe he'd be wi(ling to put
them up in his fancy house? Anything except cause a"blight" to the "aesthetics" in "his" neighborhood.
Here's some advice Jeff: dodt let the door hit you in the you-know-what on your way ouC of the
nei~hborhood.
The fact is, my fellow Kenai city residents, not all of us can afford to live in $100,000+ houses. We need
places for lower income people to live, whether or not their neighbors build up nice houses aroimd them.
Mobite home owriers have a right to peaceful and private enjoymei~t of tlieir homes, and park owners
l~ave the right to e~joy the benefits and entitlements of the land Yhey purchased and the purpose for which
they purchased it. I'd venture w say F3igliland Pride Park, which has been operating since the 1960's,
"got there first." Nobody twisted the arms of its neighbors to move in next door if they didn't want to.
They knew what they were getting inio, so they have no right to complain about the trailer park now, as if
itjusY occurred to them. ?vlaybe they should direct their energies into encouraging the Powers that Be to
fix Yhe crumbling; pot-holed pavement on the streets (which hasn't been touched in over five years) or
step up thc po(ice protection to get rid of tha drug dea(ing and the speeding vehictes racing through the
Park. Maybe they could encourage more animal con~ol protection to keep strays from running loose-
we already have sirict rules about keeping pets under control in yards. And to whoever complained about
the e~vironmental standazds, our well and septic systems are more than appropriate and safe-they are
checked regulady and conform to a1I required standards. When they break, we fix them.
Highland has been confributing substantial amounts of sales and/or property taxes for over 40 years. We
won't go down easily just because you dodt want to drive past trailers every day. I'm sorry if they
offend your senses, but these are our homes, and we have the right to peacefut enjoyment of Niem. [ love
a good fight and I think you' 11 learn that I'm a worthy opponent. If you want to pick on us, I hope you
have a lot of time and a lot of~ . because you' Il need iY.
~Sa~~YrobK~~~ L,
Owner, Hightand Pride Mobile Home Park
Wasilla. AK
Highland Pride Mobile Hame Park
Lot ~pace Rental Agreement
This agxeement made this day of _, 200_ by and between Highland Pride Park, Inc., (HPP) and
(hereinaffer "TenanY') is for Tenant
use of premises described as: 5125 Silver Salmon Drive, Space __, Kenai, AK 99611. Terry Meier, current
onsite Park Manager in Space #41, and Sandra Lashbrook, President of Highland Pride Park, Inc., are hereinafter
collectively referred to as Highland Pride Park, Inc., or "Owner," or "HPP." This agreement is made undex the
following terms:
1.) OCCUPANTS. No more than adults, children, and pete, listed below will occupy the
premises: Pets: ,
a) Print all Occupants names, SSN's, and DOB's:
2.) RENT: Rent will be paid by Tenant monthly in advance on or before the FIR5T day of each month, at the rate
of $ _ per month plus $_ tax per month in the form of personal check, cashiers check, cash,
or money order at Che following location:
• CREDIT UNION 1, Soldotna, AK to Account No. 441173-581. PLEASE make sure that you aek the
Teller to put your LAST NAME and SPACE # in the MEMO field of the deposit, and KEEP YOUR
DEPOSIT RECEIPTS or you may not get crediY For your payment!
a) Payments hand given or mailed to on-site Managers or Owners directlv will incur a$25 handling fee, as it ie
not their job to deposit your rent money. Pre-addresaed deposit envelopes may be obtained direcfly from
CrediC Union 1, but deposits must be received by the FIFTH of Che month by Credit Union 1 to be considered
timely. These may also be deposited into their drop box. HPP is not responsible for any delays caused by the
US Mail.
b) Prorated Rent if Oecuqanev Be¢ins Before the 1" : The renr will commence on ,
200_ and the prorated rent from then until the first day of the next month is $_ plus tax
$___ for a total of $_
c) A full inontl~'s rent, together with deposits and other charges, is due upon execuYion of this Agxeement and the
prorated renC above is due on the FIRST day of the fol[owiflg month.
3.) TERM: The term/lease period of this Agreement will begin on , 200 and end on
If "UNSPECIFIED TERM" is wriYten for the ending date, this tenancy will be a
inonth-to-month tenancy. This tenancy will be governed by and terminated in accordance with the laws of the
State of Alaska and all rules and regulations herein provided. The Rental Anplication(s), and signed Rules of
Aiehland Pride Mobile Home Park are made parE of this Agreement. Any modifications to this Agreement
will be made in writing and signed by both parties. There are no verbal agreements.
4.) LATE FE~S. It is understood that if the total rend due is not received by the FIFTH day of Yhe month, a$25.00
Late Charge on the SIXTA day, PLUS $5.00 per day late charge thereafter, beginning on the SEVENTH day
of the month until rent is paid will be added to Yhe amounY due. See the following example late fee calculations
chart.
a) Tenant specifically acknowledges and agrees that this late charge is a reasonable estimate of I~PP damages for
overdue rental payment and will not be construed as a penalty or a limitation on HPP's remedies. If rent is not
received by the Sth of the month, a"Notice to Vacate" will be served to Tenant. If rent or laYe charges are not
paid in full by the expiration of Ehis notice, a Complaint for Forcible Entry and Detainer will be filed on all
adults living in the premises, and legal aeCion will be Yaken for eviction and collection plus courY and process
server fees will be pursued.
Highland Pride Park, Inc. -- Rental Agreement for Trailers Page 1 of 5 Rev. 3/O6
5.)
'ride Park Schedule of Rents Due if Late:
Example: If Your TraiBer Rent
Example Lot Space (Plus tax) was $650 (plus Tax)
$230.00 Space Rent $650 Trailer Rent
$11.50 Kenai Sales Tax $ 25 Kenai Sales Tax
1 st - 5th: $ 241.50 No late fee $675 No Iate fee
6th $ 266.50 ($241.50 + 25) $680 ($675 + 25)
7th $ 271.50 ($241.50 + 25 + 5) $685 ($675 + 25 + 5)
8th $ 276.50 ($241.5+25+5+5) $690 ($675 + 25+5+5)
9th $ 28'I .50 etc. $695 etc.
10th $ 286.50 $700
11th $ 291.50 $705
12th $ 296.50 $710
13th $ 301.50 $715
14th $ 306.50 $720
15th ~ $ 311.50 $725
16th $ 316.50 $730
17th $ 321.50 $735
18th $ 326.50 $740
19th $ 331.50 $745
20th $ 336.50 $750
21st $ 341.50 $755
22nd $ 346.50 $760
23rd $ 351.50 $765
24th $ 356.50 $770
25Yh $ 361.50 $775
26th $ 366.50 $780
27th $ 371.50 $785
28th $ 376.50 $790
29th $ 381.50 $795
30th $ 386.50 $800
31st $ 391.50 $805
And Late Fees continue until aaid in full, at $5 per day.
6.) NSF Fees. A$25.00 NSF CHARGE will be assessed on any checks submitted to HPP by Tenant that are
returned from the bank Por any reason. Returned checks will not be intentionally resubmitted (but may be
resubmitted) to Che bank by HPP. Tenant will pay the $25.00 charge plus all applicable late charges due in the
form of cash, a eashiers' check or money order. It is at Che discretion of HPP whether Tenant's personal check
will or will not be accepted for future payments.
7.) SECURITY D~POSIT: TenanY will pay the sum of $ to HPP as a security deposit which will
indemnify HPP againsti damage to the property and for Tenant's fulfillment of the conditions of this Agreement.
a) Tenant will not be entifled to receive any inCeresC on the Security DeposiC, as the Security Deposit is
maintained by HPP in a non-interest bearing account. HPP will provide Tenant an accounting of the Security
Aighland Pride Park, Inc. -- Rental Agreement for Trailers Page 2 of 5 Rev. 3/06
Deposit within 14 days after Tenant delivers possession of the premises. In the event Tenant has not
presented HPP with the proper wriCten 30-day notice as required in this Agreement then HPP has 30 days to
provide an accounYing of Yhe Security Deposit, per Alaska SLaYe law.
b) Any xefund of the deposit will be made only Co the Tenant. Deposit will be returned to Tenant a$er the
residence is vacated if:
i} Tenant gives a full 30 day notice from the 6rst of any month.
ii) In lieu of a lease Agreement specif~ying a particular period of time, all Agreements are month-to-month,
Initial: so if Tenant gives noTice on the 12" of April, for example, TenanY will owe rent until June 1, which is a
full 30 days from May 1"`, which is the "next" beginning rental period, or firet of the next month. Please
note: using this example, Tenant may NOT expect to move out on May 12`", as May 12`" is NOT a fu1130
- day notice from the la` of any month!!
iii) Tenant specifically understands Chat to move out, a written, 30 day notice to HPP is required from the ls`
of a new rental period, and does not expect to give a notice on any day other than the ls` and move out 30
days later with a refund of deposit.
iv) All monies due HPP by Tenant have been paid, including late charges and any utility bills.
v) Lot space is not damaged and is left in its original condition, with the exception of normal wear and tear.
c) If Leased for a specified term: Deposit will not be returned if Tenant leaves before Ehe specified Lease term is
completed, unless by mutual written agreement betiween Tenant and HPP.
d) Deposit may be applied by HPP Yo satisfy all or part of Tenant's obligations and such ac4 ahall not prevent
HPP from claiming damages in excess of the deposit.
e) Tenant may not apply or plan to use the deposit to cover any of the rent payments, including "last
month's rentl' Deposits are for damages or clean ap of your space, not for rent
f) Tenant must supply HPP with a written notice of farwarding address to which HI'P may send TenanYs deposit
and accounting, or HPP will be forced to send it to the last known address on file.
g) If premises are rented by more than one person, any refund of any deposit will be made to all Tenants who are
curxenYly aigned on the xental agreement at the termination of the Agreement, and HPP will have no
responsibiliYy to determine who will be entitled to the SeeuriYy Deposit.
8.) Terinination of occupancy by TenanY will be designated as that date after ex~iratiou of this agreement, not less
than 30 days from the next rental due date after submitting Tenants 30-day written notice (per paragraph 6(b)(i),
unless Tenant fails to deliver possession of the PREMISES to HPP. Tenant is considered as occupying the
PREMISES until all personal belongings have been removed and all keys reYurned Yo HPP. Tenant is liable for
any rent due until the above etipulations have been met.
9.) USE OF PREMI5E5: The PREMISES will be used solely as a private dwelling by Tenant and those persons
authorized by HPP, as listed in Paragraph 1 of this Agreement. Tenant agrees not to use PREMISES or permit
the PREMISES to be used for unlawful purposes. Tenant and all occupants agree to coinply with ali rules and
regulations now or hereafter prescribed by HI'P. HPP'S Rules and Regulations are made part of this Agreement.
Tenant will permit no extraordinazy coinbustible material to be kept on t6e PREMISES and will use every
precaution to prevent fire, and will permit nothing to be done that might increase the premium rates of insurance.
No washing machine, cloths dryera or other inajor appliance of any type will be permitted in the dwelling unit,
unless HPP specifies that such unit is equipped with facilities for hook-up of such appliances. No noise or
nuisance permitCed to the disturbance of other Tenants.
10.) P~TS SIGNS SUSIN~SS USE : Tenant will not keep more than 2 cats or dogs. Tenant will display no signs,
placards, or banners of any type in or about the PREMISES or any part of the common area, inside or outside.
TenanY will noY pureue any business on the PREMISES unless authorized in writing by HPP
11.) TENANT'5 RESPONSIBILITI~5: If found to be in violation of this paragraph, tenants will be given TEN DAYS
(10 days) to correct the problem or remove the clutter. After that period,l'enants wilt be fined $10 per dav
thereafter. After 30 days, Evicfion proceedines will be¢in Tenants will:
a) Maintain an acceptable amount of "curb appeal" as well as SAFETY with regard to their trailers and spacee.
The following Chings will not be tolexated:
i) Boarding up windows;
Highland Pride Park, Ina -- Rental Agreement for Trailers Page 3 of 5 Rev. 3/06
ii) Using tarps, [owels, blankeYS, dish rags, sheeYS, or anyfhing else as "drapes" or "curtains" that is apparent
and obviously NOT appropriate window covering material, and which can be seen from the OUTSIDE of
your trailer windows;
iii) No paint, peeling paint or mismaCChed paint or siding Chat doesn't maYCh;
iv) Porches:
(I) falling apart or tacked Yogether wiYh pieces ofwood or rotting plywood;
(2) made out of pallets or other unsuitable materials;
(3) with more Chan three steps: WILL have safe handrails;
v) Visqueen (plastic) on windows,
vi) TARPS on tops or sides of trailers, sheds, porches, or any other items in your space. Tarps are an eyesore
and wilt not be tolerated in APP.
vii) TI2AILERS WITHOUT SKIRTING or with skirting torn up or dented by dogs or otherwise,
viii) I7NCOVERED eleotrical wires from your etectrical boxes to your trailers (they must be completely
concealed with appropriate conduit and must be buried at least 12 inches into the ground. If your
electrical line is NOT buried, it is your responsibility to correct this problem, and was your responsibility
from the day you moved in your trailer to HPP.)
ix) Unpainted ox othexwise tacky-looking sheds or other outside additiona ox buildings
x) Keeping old Yires, appliances (especially refrigerators or iYems which can be shuY or locked &om the outside and
are large enough thaf a child could accidentally get trapped inside), building materials, tarped piles of stuff,
unsiehNv items (as determined bv Manaeer, not Tenants), jiwk, discarded fumiture, broken or dysfunctional
items, junk car parCS, and other type,s oFelutter.
b) Clear their own steps, porch, driveways, etc., of ice and snow. (HPP is responsible to clear snow away from
dumpsters and mail boxes.)
c) Keep the PREMISES as clean and safe as the condition of the PREMISES PERNIITS;
~ Dispose from the PREMISES all ashes, rubbish, garbage and other waste in a clean and safe manner, at reasonable
and regular intervals, and will dispose of such waste in azeas specified by HPP, or take trash such as building
materiais, tires, appliances, and other large iCems directly to the dump at their own esnense. If unsightly junk is
not taken to the dump, notice may or may not be given, and HI'P may remove Tenants garbage and fake it to the
dump at a fee of $50 per trip.
e) Use in a reasonable tnanner all electrical, plumbing, eanitary, heatin~, furniture and oYher £acilities and
appliances, in the PREMISES;
~ Assume all costs of extermination and fumigation for infestations caused by Tenant;
g) Pay HPP for any damages caused by deliberate or negligent acts, whether from Tenants or Tenants' guests.
h) Keep smoke detectors and a fire extinguishex in working order aY all times in trailers;
i) Not unreasonably disturb or permit others on the PREMISES to disturb the neighbors' peaceful enjoyment oP
their units.
12.) STORAGE: The storage of all personal property outside the unit will be in the manner and in azeas as
prescribed by HPP's Park Rules. Bicycles and other currently licensed vehicles will be stored only in areas
prescribed by HPP. NO RV's, campers, travel trailers, Sth wheels, or boats longer than 16 feet will be stored in
tenants' spaces, driveways, yazds, or on the streeC.
13.) APP'S ENTRY: HPP reserves Yhe righY to enter the lot space at any given time due to repairs, inspection, or any
reason HPP deems reasonable. In no way shall the tenant of a lot space restrict access to the yard or lot.
14.) ABSENCE FROM THE PREMISES: The Tenant will notify HPP of any extended absence from the
PRESENCE in excess seven (7) days. HPP may inspect PREMISES immediately upon receiving euch notice.
I5.) ASSIGNMENT/SUBLETTING: Tenant rnay not sublef their PREMISES OR assign the Agreement to any other
person without HPP'S prior written consent.
Hightand Pride Park, Inc. -- Rental Agreement for Trailers Page 4 of 5 Rev. 3/06
16.) ACCIDENTS AND P~RSONAL INJURI~S: HPP wi11 not be liable for any loss or damage to person or
properfy in or around said building by reason of fire, theft, leakage, bursting or overflow of any drains or pipes,
due to snow, rain or interruption of utiliCies, or any other cause, whether it results in damage suffered by "I'enant,
his family, his agents, his guests, or any other person. Tenant will indemnify and eave APP harmless for such
liability unless such liability is the direct result of HPP'S negligence. HPP will in no way be responsible for
negligent acts of any other Tenant resulting in the loss or damages of any nature whatsoever to the Tenant.
Personal property of Tenant is not insured by HPP against fire ox theft. Any losses incurred by Tenant due to
fire and theft will be borne entirely by Tenant.
19.) TENANT IS STRONGLY URGED TO SECURE A HOMEOWNER'S/RENTER'S POLICY TO INSURE
THEIR P~RSONAL PROPERTY AND PERSONAL LIABILITY.
18.) PARKING & MOTOR VEIIICLES: Tenants may NOT park any vehicles of any kind in Cheir grassy or yard
areas, including snow machines, 4-wheelers, boats, cars, trucks, inoperable vehicles, RVs, campers, uGlity
trailers, etc. Tenant will use only thaf parking space designated for their use by HPP. Tenant will see to it that
their guesta use only Tenant's own parking space, or Tenant agrees to pay for all towing and sCorage char~es for
removal of said guest vehicles. Parking spaces are for Tenants onerable motor vehicles only, not for storage of
other personal items. APP may dispose of such personal items or inoperable motor vehicles if left more than
three (3) days after HPP has informed Tenant, and Tenant will pay all towing charges plus $10 per vehicle per
month thereafter if HPP tows vehicle to HPP's storage area.
19.) BREACH OF AGdtEEMENT: If Tenant will fail to keep or perform any of the covenants or agreements in the
agreement or in the Rules and Regulations, HPP inay deliver a wxitten notice to the Tenant specifying the acts
and oinissions constituting the breach. If Che breach of agreernent is not remedied within ten (10) days after
deliverance of the notice, the Agreement will terminate ten (10) days after deliverance of the noYice. If the same
act or omission which conslituted the breach of agreemeut occurs again within six (6) months, HPP may terminate
the Agreement upon giving five (5) days written notice specifying the breach of agreement and the date of
termination of the Agreement.
20.) TENANT'S BELONGINGS-ABANDONED PROPERTY: Unless otherwise agreed in writing, if on
fermination of a tenancy for any reason, if Tenant has lefr personal property upon the PREMISES and HPP
deems the property valueless or of such IitYle val¢e that the cost of storing and/or disposing of the property is not
deemed reasonable, the property will be disposed of as APP so elects.
a) In all other instances APP has the opCion of eiYher storing the property at Tenant's cost or disposing of the
property in a reasonable manner. HPP is not responsible to Tenant for any claims of loss by reason of the
HPP'S decision, destruction, or sale of the property.
b) In the case of abandonment, where TenanY has left Ehe dwelling unit and their personal belongings, HI'P may
remove the personal property, and sell the property to recover monies owed by the Tenant for rent, late
charges, damages and cleaning of the PREMISES, storage of property and any other charges incurred by
Tenant in accordanee with Alaska State Law.
21.) COSTS & ATTORNEY'S FEES: If by reason of aziy default or breach in the performance of any of the
agreement by Yhe TenanC, legal action is instituted, FIPP will seek from Tenant all reasonable costs and attorneys'
fees incurred in connection with the legal action.
22.) AUTHORITY OF SIGNERS: The person signing this lease on behalf of Landlord and Tenant agree and
warrant that they have fu11 authority to execute Yhis agreement on behalf of rhe respective parfies.
23.) SEV~RABILITY: If any clause or term of this lease will be deemed invalid by any courY of law, the
enforceability of the remaining clauses and terms af the lease will be unaffecTed.
24.) ACI{NOWLEDGMENT OF RECETPT OF EXTENDED AGREEMENT: Tenant acknowledges that she/he
has been given and executed copy of Che agreement.
TO BC SIGNED BY all Tenants 18 years of age or older:
Tenant DATS Highland Pride Park, Inc. (IIIIl') DATE
Tenant
DATE
By:
(Print Name of Agent)
Highland Pride Pazk, Inc. -- Rental Ageement for Trailers Page 5 of 5 Rev. 3/06
Hiqhland Pride Mobil~ Horne Park
Rules and Re_qulatians
These are the rules and regulations ot Highland Pride Mobile Home Park. These rules were reviewed and
selected for the benefit of this community. The purpose of these rules is to ensure safety, quality, and decent living for
everyone in this small community. Violations of rules will not be tolerated. These rules are not bendable or
chailengeable. These rules are effective immediately, and are subject to change without prior notice. NPP thanks
those who do a great job keeping up their home and lot. The entire management staff would like to extend our thanks
to all those who have home ownership pride, and who help keep our community looking respectable.
Application and Approval
For new people considering moving into the park there is an application they must fill out. We do a credit and
background check on every person over the age of 18 who is considering moving into the park. Upon approvai tenants
may move into our park. For those who own homes and rent them out, tenant approval is stili needed. So before
renting your home to potential tenants, they must pass a background check through the park managers or owners. For
those considering selling their homes, anyone may buy your home, but if they are not approved they must move the
mobile home. Ail future tenants are subject to a background check. OW NER RESERVES THE RIGHT TO REFUSE
TO LEASE LOT SPACE TO ANYONE, WITHIN THE LIMITS OF THE LAW.
Maintenance of Home and Lot
Home maintenance is a requirement in Highland Pride. There are no excuses for neglecting your home.
Appearances and safety issues include the following: Siding: make sure your siding is in good condition, with no holes
or damage. Good paint is a must as well. For those who are looking to put sweat equity into their homes, T-1-11 siding
and vi~yi siding is encouraged. Roofs: hot mops are not allowed, but black colored roof seal is ailowed, provided it
does not drip or run down the side of the home. This problem is an easy fix it dealt with right away, before drying. For
those who have foam sealed roofs, it's a good idea to spray for bugs in spring to prevent wood peckers and other birds
from picking holes in your roof. Although black type seals are allowed silver seal is encouraged. Windows must be in
good condition. Broken windows must be repaired A.S.A.P. , boards, plastic, tarps, or cardboard are not proper
windows. They make a great temporary fix, but are tacky and unsightly. Skirting is one of the most important items.
Missing or improper skirting is strictly prohibited in Highland Pride. Skirting must be in good condition, and appealing
decent in appearance. Questionable skirting on homes will be addressed and enforced.
Smoke detectors are required in Highiand Pride. They must be located in the kitchen, and outside of every
bedroom. IYs a good idea to put one by the furnace as well. Fire extinguishers and Co2 monitors are also a good idea
but not required by the park. Check your local laws and building codes.
Your lawn must be mowed and edges trimmed regularly. Shrubbery and trees are yours to prune and trim as
well. Highland Pride is not responsible for damage caused by plant life on your lot. This is your responsibility and we
encourage you to obtain suitable insurance coverage on your mobile homes. Evergreen trees destroyed by spruce
beetles must be brought to the attention of management for removal. Failure to do so couid result in damaged property
for which the tenant will be responsible. Tenants are not allowed to remove trees or vegetation without writte~
permission from management. Lawn clippings must be removed from your lot, and holes caused by pets must be filled.
lawn mowers, edge trimmers, top soil, and other items needed to keep up Iots are solely up to the tenant. Space
maintenance and lawn maintenance is required whether or not you posses the equipment. If you are not physically
able to keep up your lot due to health reasons, you must make arrangements to hire help to keep up your lot. There
are no exceptions for not keeping your IoYs appearance attractive. Refusai to maintain your lot after written notice will
result in the park hiring out help and the bill wili be added to your space rent. Tenants are also responsible for pest and
bug control of their Iots.
Appearance of Home and Lot
Generai appearance of your lot and home are your responsibiliry. Your IoYs appearance must be attractive
and pleasant to look at. It must be clean, clear, and free of clutter. There should be no sign of disrepair or damage.
Everything shouid be intact. Paint must be in good condition and not peeling, and reasonably free of dirt. Stairs,
porches, decks and walkways must be painted or stained, safe, and in good condition. Fences should be regularly
maintained and free from sagging, falling, or any other type of disrepair. Your space number should be in clear view
with large 3 inch numbers on the right edge of the home. Numbers should not be faded or defaced. Windows should be
intact and not broken or cracked. They should be clean and clear. Proper window coverings should be in windows. No
sheets, tarps, blankets or other types of tacky window coverings are allowed. Drive ways should be clean and clear,
free from oil and grease from cars. Cars should be parked side by side and no more than the drive way wiil allow.
There is no sideways parking, or parking in the yard or street. Yards should be well manicured and free of trash or
litter. There is no clutter allowed in lawns. Clutter may include but not limited to appiiances, toys, tools, tires, lawn
mowers, building materi2ls, atv's, snowmachines, lawn equipment, etc. These items are allowed as long as they are
attractively placed or kept in sheds when not in use. Cluttering up lawns is prohibited, since too much clutter in lawns
and driveways discourages potential tenants, and people who pass through to get to their homes.
Highiand Pride will be kept clean and neat. The "slum" image wiil not settle on our door steps. Gardens,
flowers, garden decor, tasteful lawn furniture, and like items are allowed and encouraged. A few yard toys are ailowed,
as long as they are not damaged and are tasteful in appearance. Your lawn, driveway, and home shouid be kept in tip
top shape. Size of storage sheds must be kept within reasonable limits compared to the size of your iot. There is no
current size limit, as long as tenants keep it within reason. Sheds shouid be located near the rear of the home, but not
sticking out into the alley way between homes. The shed should be tastefully constructed, painted or sided, and in
good shape. BBQ's are allowed but not more than one should be exposed. Extra BBQ's need to be stored or disposed
of. If you have any questions about this subject you should contact your manager.
Fences
Fences shouid not be constructed without first getting written permission from management. Picket, chain-link,
and wire fences are allowed. Fences should be no more than 5 feet high, and no less than 3 feet high. The fence
should not be more than 6 inches thick. No fence will be allowed to barricade one's front door. The front door should
always be accessible. The fence may not be extended past the front or rear of your mobile home without permission
from management. The boundaries of your yard are to be determined by management as to not infringe on your
neighbor's lot. Log, and solid plank fences are not allowed unless they are professionally installed and are attractive.
Any fence that hides your home from view is not allowed. Picket fences must have at least 3 inches between boards,
and no more than 6 inches. Fences will be constructed of good quality materiai, and kept in proper condition. if you
plan to erect a fence, please draw out a rough plan, before asking for permission so there are no mistakes or
miscommunications.
Pets
Pets are allowed in Highland Pride, but there are rules to be foliowed. Having pets in Highland is a privilege
~ot a right, so you can continue to keep pets as long as the rules are followed. The owner reserves the right to forbid
any one tenant to keep pets due to abuse of pet rules. In Highland Pride you are allowed three pets, uniess you have
been given special approval for small, inside, caged pets. That means no more than three dogs or three cats, or some
combination not totaling more than three. As for small caged animals there is no limit or rules except you keep them
caged and you keep only what is healthy and fit for you to care for. No exotic or livestock animals such as horses, pigs,
cows, chickens, ducks, geese, etc., are permitted. Dogs must be kept under control on a leash, tie-out, run, or within a
fence. You, as a pet owner are responsible for your pePs actions. Dog houses are required for any outside dogs, as
well as a food and water bowl for each. Make sure your dog house is well built, and not unappealing. Management
reserves the right to have any "eye-sore" dog houses removed. Dog leads or runs are allowed as long as the dog can
not cross into your neighbor's yard, and it does not extend past the ends of your home. Dog leads may be attached to
your home or trees, or you may erect posts or 4x4's no taller than five foot high, to attach your dog lead. You may keep
your dog outside during the day, as long as the dog does not bark excessively AND as long as you have appropriate
food, water, and sheiter in the form of a dog house. Cruelty to animais wili NOT BE TOLERATED. As a pet owner you
may be fined for the misbehavior of your pet. Dogs that have gotten loose, bark excessively or bite anyone will be fined
$25.00 for each animal and each incident, and will be reported to Animal Control. Multiple violations may result in
action taken by animal control depending on the severity of the situation--or may result in your tenancy in Highland
Park to be terminated.
Dangerous animals are not allowed in Highland Pride. Dangerous animals are animals that will or have
attacked a person unprovoked. Animals that attack unprovoked and/or bite someone will be reported to and dealt with
by Animal Control, and will not be given a second chance within Highland Pride. Tenants who have animals that have
had multiple violaYions will be evicted from the Park. Tenants are responsible for the actions of their pets. The Park
Owner is not liable for any damage caused by tenants' pets. Clean up of dog scat is required; tenants must clean up
dog scat at first sight of it and be properly disposed of in plastic bags in dumpsters-not thrown into nearby woods or
streets. Lawns within the park are small and are easy affected by scat Ieft by dogs. There are no excuses. Excessive
dog scat left on lawns and driveways is a violation of park rules and will result in fines, clean-up fees, or eviction.
Guests
Visitors and house guests are welcome in Highland Pride. Guests that stay longer than 30 days must go on
your lease as a tenant. There is no extra charge for this uniess you are renting the home from Highland-in that case,
please discuss your plans with Management as there is a limit to how many people may occupy one rental home. As a
tenant, you are responsible for your guests' actions. Any damage do~e to Highland Pride by your guest while visiting
your residence is your personal and financial obligation.
$Ublettinq
Anyone pianning on having roommates or re~ting out their home must first acquire written approval from
management complete with tenant names, SSNs, and birthdays. Failure to do so will resuit in a possible denial of
request. There will be a background check on all potential tenants or roommates, as there is on aIi tenants in Highland
Pride Park. Upon approval you will be given a letter for the names of the tenants or roommates approved.
Any home owner planning on selling their home must keep in mind and inform potential buyers of the approval
process and background checks they must pass before becoming a tenant within Highland Pride. If a buyer does not
pass the background check and purchases the home they must have it moved. Spaces shall be used for private non-
commercial residential use only. This prohibition includes but not limited to using the space for a bed and breakfast or
as a rooming house.
Automobiles
Automobiles allowed i~ Highland Pride are everyday ordinary cars and trucks in good condition. Trucks larger
than 1 ton; busses, or any vehicle that is not street legal is not allowed in the park. You are allowed only as many
vehicles as your drive way wiil aliow. For most this is two, for some it may be three. Side by side or tandem parking is
allowed as long as it does not extend into the road or lawn. Parking is allowed only on the designated parking pad.
Sideways parking is prohibited. Extra cars may be stored in our storage lot for a extra fee of $10.00 a month as long as
they are kept currently registered and in good condition. All vehicles in storage or driveways must be currently
registered, licensed, and have a sign stating space number and name of owner. There is no underage driving within
the park, all laws are applicable within Highland Pride. All tenants will agree to abide by the speed limit which is
15mph. Failure to abide by the speed limit will result in action taken by Kenai City police. ~oud mufflers are not a~lowed
in the park, this is a disturbance to others. Parking is not allowed in the street or on the iawns. Parking on lawns will
result in fines assessed by the park managers. This includes your guests. You are allowed to perform minor
maintenance on your car or truck, as long as it is done in a timely fashion and ciean up is done immediately. Major car
work is not allowed. This would include but not limited to engine over hauls, dismantling of a car or truck, blocking up of
a car or truck, or anything that makes the car or truck immobile for more than a week. Vehicies in the following
conditio~s may not be kept at the space: inoperable, missing or flat tires, broken windows, dilapidated appearance, in
dangerous condition, not currently registered, missing parts, leaking oil or other fluids, on blocks or jacks, or any
vehicle owner finds inappropriate in appearance or disturbing to others. Violators will be towed to a bonded impound lot
at tenants expense. Repeated violations may result in termination of lease and tenancy.
~~/°S 81td ~03tS
Boats and motor homes are allowed in your drive way for no more than 5 days at a time. This is plenty of prep
time for that fishing or camping trip. Otherwise they should not shadow your driveway. We do however have a storage
lot you can store these items in. The lot costs only $10.00 a month per vehicle or boa4. This is the cheapest storage lot
in the whoie state. Once you start payi~g for your spot in storage your spot is reserved even if you remove your boat or
motor home to use it. Refusal to remove your motor home or boat from your driveway to a storage location of some
type will result in a$100.00 a month fine to be paid with your space rent. Further more the violation notice's will never
cease. W hen boats or motor homes are at home getting ready for the big trip, DO NOT PARK THEM IN THE YARD.
Top soil is expensive as well as grass seed, and you wili be held responsible for damages by parking on your lawn.
Also keep in mind your driveway capacityfor such an item.
Destruction and Liabilitv
AII tenants are held financially and personally responsible for wiliful destruction or accidental damage done
weather directly or indirectly to Highland Pride property and other home owners property. This includes but not limited
to guests, other tenants of your household, and children of your household.
In the unlikely event of a fire, natural disaster or other incident that makes your house or dwelling uniivable, the
owner is responsible for the disposal and clean up of their dweliing / home. Reasonable time will be given for
investigations and insurance purposes, after which time the owner must take care of the disposal and ciean up no
matter what time of year or weather conditions.
Trash and disposal
Highland Pride paysfor garbage disposal. Our trash bins are centrally located on siiver salmon Dr. in space
#15. All trash disposed of in the trash cans is to be bagged up properly and securely as to not let any Ioose trash fly out
when they are emptied. Big items such as old appliances, mattresses and like items, bu~ky and big in nature are not
ailowed in the trash cans. You must haul these items to the dump yourself. The trash cans are for tenants' use only,
and are to be used to dump trash ONLY from HPP tenants. Trash disposai adds to costs of the park, and could, if
abused, result in higher space rent. Also keep a eve out for other people illegallv usina our trash cans a~d report
vehicle license numbers or descriotions of oersons illepallv usina dumpsters to Park ManacLer. For those who make
trash a children's chore, make sure they are tall and strong enough to open and close the lids as well as throw the
bags in the can without spiiling trash out. Please be courteous and pick up any trash you may drop, as a lot of trash
seems to not make it into the cans.
Noise and curfew
Our curfew time for children is 8:OOpm in the winter and 10:OOpm in the summer. This is also for their own
yards. Many tenants still have to work early in the summer so lets give them some respect. W inter months will be when
the children are officialiy in school, a~d summer will be when school is out. Our "noise allowance° policy is from
10:OOam to 10:OOpm. After 10:OOpm all noise should cease, whether it be piaying, stereo's, TV's or work of some
type. Noise level should not begin again until after 10:OOam this is to include weekends. Even though we have a noise
level allowance during the day you should stili respect others, if your neighbor complains of the noise level of your TV
or stereo, be kind and courteous. Paying respect will earn you respect. Also be aware of preventable noise such as car
stereos, and revving of car motors.
Yard Sales and Siqns
You may have a yard sale within Highland Pride, as long as you fallow certain rules. You may not have a yard
sale for more than 2 consecutive days, and no more than 2 days in a month's time. You may post one 9"x12" sign in
front ot your drive way, but the sign will be store-bought, no handmade signs will be allowed. And no other signs will
be posted inside the park. Other signs out of the park are up to the tenant. When the sale is done for the day all items
will be taken indoors or stored in a shed, nothing is to be left out in a yard or driveway. All signs in and out of the park
will be taken down at the end of the day. There is no need to have useless traffic looking for a ciosed yard sale. Tarps
are not permitted to cover anything no matter what the weather conditions. You may use a awning, but NO TARPS!
You must inform your customers of where to park. Do not let the road be blocked for any amount of time. Do not let
people drive on or park on others' lawns. Keep ali people out of your neighbors' driveways. If any damage or accidents
happen write down the invoived person's license plate ~umbers and report it to management and/or the Kenai City
police. Individuai items for sale are allowed as long as the item is not obtrusive or objectionable in appearance of the
park. One store-bought sign no bigger than 9"x12" may be dispiayed regarding the item. If the item does not sell within
30 days you must store or discard of the item. All other signs may not be bigger than 9" x12" and must be store-bought,
unless, in special circumstances, other professional-looking signs are approved. The management may refuse certain
signs to be displayed depending on the character of the sign.
ATV°S and Snowmachines
AN's and snowmachi~es are permitted in the park if rules are respected. Atv's and snowmachines may be
driven directly to and from trails. No where else is permitted. In doing so you must drive siower than the speed limit to
ensure safety for all. It is illegal for children under 16 to be driving Atv's or snowmachines. Failure to respect these
rules wili result in loss of privileges. AN's and snowmachines are not to be stored in your driveway or in your yards. NO
EXCEPTIONS!!! They may be stored on or in a trailer in your driveway, or in a shed on your lot, or put in our storage
lot for the reasonable fee of $10.00 a month. We're attempting to make the park look nice without a bunch of machi~es
in view in everyone's yard. You may keep them on a trailer in your drive way for no Ionger than 5 days to help get
ready for a trip. Violators of this rule will fi~d themselves fined $100.00 a month per violation until the situation is
resoived. Owner reserves the right to terminate atv and snowmachine privileges to any one tenant caught violating the
rules.
Construction of Additions & Skirtinq
Construction ot additions, decks, porches, add-ons or any other type of construction project to extend or
improve one's dwelling must first have written permission from management. You must draw plans for your project and
submit them to the management for size and materials approval. Materials must be appropriate and safe, and
buildings must be built following accepted building codes and regulations. When you get approval you will also be
given a time frame to complete your project. Stay in touch with management if you think you might not complete the
project in time. Projects may be denied if they do not have a pleasing appearance, or are otherwise obtrusive or overly
large. Projects denied can not be built. Tenants who failed to get approval wiil stop until approved or dismantfed if
denied. The time of year for such projects may begin as soon as snow melts and end no later than mid September. No
projects wiil be accepted if submitted later than the Iast week of August. Buildinas and structures must be painted
or appropriately sided with siding materials-no plywood "shacks" are allowed! During the course of your project,
Highland Pride assumes no responsibility for damage or injury due to 4he project or construction of one's dwelling. The
tenant is responsible for all damage that might occur during the course of the project, and ali damage that might occur
due to workmanship of the project. No structure shail be used to store hazardous or toxic materials as defined by state
or federal law. All required building permits must be obtained by the tenant prior to the commencement of construction.
Structure must be in compliance with all applicab~e laws and building codes, if the law is more restrictive than these
rules then the law shall control.
No structures composed of visqueen or plastic are allowed, except for temporary greenhouses in the summer
months o~ly-they must be removed and taken down for winter.
AII mobile homes must be skirted within 60 days of arrival in the Park, and must maintain appropriate skirting
materials throughout their duration in the Park. Appropriate skirting does not include laying bare plywood or metal
against the sides of your trailer, or using blue insulation or other materials without appropriate siding. Skirting must be
painted, kept in good repair, and fully seal in the underground of your Mobile Home to prevent pipes freezing and
causing problems in the water lines and septic lines of the Park.
PIBVqrOU-1d
The playground was built for the e~joyment of all children in the park. The playground is open from 10:OOam to
10:OOpm in the summer and from 10:OOam to 8:OOpm in the winter. Please be aware of children being rude to others or
breaking rules. Littering of the playground is strictly prohibited; please inform your children to dispose of litter properly.
No construction of any playhouses or forts is ailowed in the playground area. Rough-housing and picking on others will
not be tolerated. The piayground is neutrai ground for all children of Highland Pride. One other inappropriate action is
using equipment in the playground for other than their purpose, like pouring rocks or liquids downs slides, whacki~g
sticks against the equipment, throwing swings over the top, and littering of the playground and equipment. Things of
this nature will damage the playgrou~d and parents will be responsible for the actions of their children. Kids wiil be kids
but iYs our job to stop them from abusing others and the playground equipment.
SI10W r21110va1
Snow removal is inevitable in Alaska. Roof and driveway snow removal are a must in Alaska and for mobile
homes. 7he only rule here is not to plow, shovel or throw snow into the streets or into your neighbors' driveways.
Removing your snow and dumping it into the street is illegal and makes the plow trucks' jobs much harder. Be sure to
be courteous to others when removing snow. Management wiil be responsible for removing snow around mailboxes
and dumpstera
Enforcement of Rules and Vioiations
Notices will be given to all people who have violated rules as a friendly reminder to get into compliance with
rules. If notices are ignored they will be issued a violation by Management and a time-frame to correct the problem. If
the violation notice is ignored or the problem is not fixed within the time frame, a second violation notice with penalties
and fees wili be issued. A violation notice will be given regularly until the problem is fixed. Penalties and fees will occur
with every violation notice until the problem is fixed. If the problem can be fixed by the management team then after
the 3rd violation, the management team will correct the problem and charge the tenant for the costs. The costs will be
added to the space rent and be due the next time rent comes due. Late charges will also accrue to the balance if it is
not paid in full.
The violatio~ ot any provision of this agreement shali entitie the owner to terminate the tenancy and evict the
tenant from the space. Failure of the owner to exercise any right under this agreement or the owner's acceptance of
rent after a default (other than non-payment of rent) shall not constitute the waiver of the owner to obtai~ any right or
remedy to which it is entitled by law or pursuant to this agreement. The specific inclusion of the eviction remedy in
some paragraphs of this agreement does not by implication limit that remedy to those paragraphs. The remedy of
eviction is reserved to the owner for breach of any provision of this agreement, if any portion of this agreement is
judiciaily determined as void or unenforceable, the other terms of this agreement shall remain in full force and effect.
Management may enter the space or improvements herein at any time if management reasonably believes
that such entry is necessary for the purposes of the health and safety of the tenants, occupants or guests.
Management may enter the space to conduct non-emergency inspections of the mobile home and other struct~res
upon reasonable notice. No prior notice shall be required to enter the space for visual inspections, to remove vehicles,
or to conduct clean up yard work as provided in this agreement.
In the event that the tenant voluntarily or involuntarily vacates the space and fails to remove the mobile home
the tenant authorizes the owner to serve as a warehouseman with the reference to the mobile home and to collect
storage charges for the mobiie home in an amount equal to the monthly space rental. The tenant further acknowledges
the right to Park Owner to cause any such mobile home to be removed and all such expenses shall be payable by the
tenant. Park Owner shall not be responsible for damage to any such mobile home.
If any tenant strongly disagrees with these simple rules then maybe this mobile home park is not for them and
they should make arrangements for refocation. Most of the rules placed herein have been from requests and ideas
from tenants themselves. With these rules in place our community will look and feel better. I would like to thank all the
tenants who have put pride and hard work into their surroundings. Special thank you letters will go out to those who
have gone the extra mile, and those tenants will receive a letter of recommendation for future reference. If there is
anything the Highland Pride management team can do to help you out please feel free to give us a call. Every tenant
must sign the Rental Agreement which acknowledges they have received a copy of these Rules, have read them,
understand them, and agree to comply with them.
Hiyhland Pride Park Management Team
I ~ECc;"; .,
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Sandy Lashbrook, Owner
Highland Pride Mobile Home Park
5125 Silver Salmon Drive, Kenai AK
Mailing: c/o 3750 Steven Drive, Wasilla, AK 99654
Email: SandvC~WhatMattersMost.net
Office: (907) 357-7990
November 17, 2006
~~~~~`~ ~~~~~~ ~~ ~r~~~~..~ ~~~~:~. ~~~.~ ~~~~~.a~~~~ ~~~~~~~
~'~ ~~°~~" F~~l~~,9 ~°~a~~e~~~, P~~~r~~~a~r ~~5~, ~i ~.~Q ~~a
Dear Mobile Home Owner
Your rights regarding owning a mobiie home and potentially moving it into a Mobile Home Park in the City of
Kenai are in danger! I am writing to inform you of an Ordinance the City of Kenai is trying to impose on all
mobile home owners/occupants in the mobile home parks wrthin the Citv of Kenai. Please find enciosed a
copy of this proposed ordinance.
I am convinced this Ordinance is NOT about "health" or "safety." IYs about appeasing the property owners
around mobile home parks by effectively barring mobile homes from moving into Parks, thereby eventualiy
causing the Parks to go out of business. Many have already, as you probably know. The "standards" the
Kenai City Council are about to impose wili be very, very difficuit for older mobiie homes to meet-effectively
keeping them from being able to move into Parks, or from one Park to another. (Current homes in Parks wili
be grandfathered except for new additions, skirting, etc.).
This issue is about discrimination, retaliation, and appeasing the "squeaky wheel." Highland Park received
several notices of violations over the summer of 2006. We addressed and resolved each of them. On
September 7, 2006, Robert Peterson (Code Enforcement Officer) stated:
"I am recommending that the subject case be "closed" at this time, pending additional complaints.
The properfy manager, Mr. Meier, has made signi~cant progress rn cleaning this property: 1 am
currently pursuing individua! tenants in the park for specific lots. I will continue to monifor the property
and talk with Mr. Meier regarding the overall condition of the park and individual lots."
Yet, just 18 days later, a Mr. Kurt Rogers Iiving at 5335 King Salmon Drive, (who tried unsuccessfuily to
purchase the Park from me and who was cited for a speeding ticket in the Park) wrote the endosed letter,
complaining again. Here are some highlights of his letter to the Mayor of Kenai:
• Mr. Rogers: "Trailers have junk piled around them, old trailers, burnt out trailers, trailers bei~g added
onto with no interest in making the place look better... the CourY is very poorly managed by the
owner."
o My comments: The Code Enforcemenf Officer just finished stating thot significant
progress had been mode c%aning the Pork. Could it have gone to hell in IB doys.~ No.
This is a retaliation taciic because Mr. Ragers has the sysfem figured out: fhe system
is "corerplaint driuen,"and if they complain enough, mayb~ tvellgo away. The only 7hing
which cvos 'poorly managed" cvas my refusal to sell the Park to hin7 ot less than what I
bought it for.l I think that made him uery angry. Angry enough to complain and get
neighbars to do the same.
e Mr. Rogers: "Animals are another problem. Every occupied place has 1 to 4 pets...this could be a
real problem when walking through the Park wonderi~g if your going to be attacked. People have
discarded animai waste on the street causing a health probiem for children."
o iNy comments: This is c%arlygreatly exaggeratedl Fur1 hermore, anima! control is naP a
Park issue. People al1 around the park have animals which get loose too. This issue
c%arly reflecfs a City of Kenai Animal Confrol department lack of concern ond neglect
to come aut when called-but Mr. Rogers evants to blame the Trailer Park People hardly
pick up anima( avaste ond dump it on the streefs-for Pete's sake. S've owned the Park
for 4 z years and have NEI/ER sezn dag poop ore the street!!l And 1"ve never no±ice~'-
anyane walking in fear af their lives from rrrarauding "attack"dogs.l
• Mr. Rogers: "Children play in large mud puddles which makes a safety hazard for people who drive
through the Court. I myseif come close to hitting children who run out in front of the car."
o My comments: He makes it sound like he drives thraugh a place which laoks like the
comrn¢rcials for "Save the Children"in Bangladesh.l What should we da, arrest the
children for plQying outside their homes.??? Perhaps Jvln Rogers should obey the speed
limits and avoid getting additional speeding tickets when racing throuqh the Pork, as he
has in tfre past. Highland Park is fhe only park in todvn with a.$10,000 playground for
the children (yet I'm accused of "poorly ananaging" 1fie Park).. Hoavever, children do go
inPa fihe street at times-everywhere, not just in trniler parks-thof's cvhy we have
speed limit lrrws. Its nat the children's fau/t rf h~tr. Rogers almosi hit one of them.l.!l
He's old enough fo know befter.!!l AAaybe he needs to be removed, naf tMe children or
the Park.l
. Mr. Rogers: "The Court is in the middle of a good area, with good homes all around. I know if were I
the Mayor of the City of Kenai or Borough and lived next to this mess there would be some major
changes."
o My comments: Excuse me, aren't we "good"enaugh.~ lvin Rogers, did et ~usP occur to
~u that yau baoght praperty neor a trailer park.~ Were yau blind-folded when you first
drove to yaur lot~ Haven'1 you noticed that Highland has been there {or 40 years-
LONG BEFORC you ever bought land nearby~
o People: TffSS %S whafi this en~ire issue rs A~OUT. "Aesthetics"and "nearby
property. " It rs NOT ABOUT safety or health. There have been no deafihs or people
falJing through floars or porches because there weren't cement pads underneath them.
This is DTSCRIMINATIONagainst ihe economically cha!lenged peaple, the older people,
the disabled people, the low-wage earners, wha need to and choose to liue in perfectly
safe, corrrfortable, older mobile homes. Thrs is aimed crtgetting rid of us.!!l
• Mr. Rogers: "1 want total privacy o~ this matter between the Kenai city and myself."
o My comments: Toa Bad/ It's too /atell Tsn't rt interesting that he is requesting privacy~
Wel% foa bad, because the City of Kenai makes all complaints a matfer of public record,
and we're t6re PUBLIC. I want everyone to know, ~r. Rogers, fhaP you have an AXE TO
Gl2ZNb, which o{ course, yau know. Thats probably why you didn'i wnni me ta find out
it was YOU trying to cause the trauble. We!l, now everyone knows!
Even more interesting, the Mayor, Pat Porter, lied to me today when I met with her regarding this Ordinance
and her driving force or motivation to request it be passed by the Council. She specifically, emphatically told
me that she did not know Kurt Rogers, and that she had only received "one phone call" from him, "thaYs all." I
specificaliy asked her, at least three times, to confirm that the onlv contact she had with him was "one
~6~.~~ ~~II fv pM~ ..~...~...a..J a1V.... ...... ..0....... ....If 4M..&f~ :4 ~f IF/.JI ~~w~4 i4 iwf.~~nu6er~w 6h~ab ~vzr0l~s O!1
Do
you think there was any link there?
Ironically, most of the "complaints" brought up by "nearby residents" are not even ADDRESSED by the
proposed ordinances! In faet, Mayor Porter admitted today that the City of Kenai already has in place
ordinances about junk, trash, abandoned cars, animals running loose, etc., SO THESE ORDINANCES ARE
TRYING TO SOLVE A PROBLEM WHICH DOESN'T EXIST.
This whole thing is political and is yet another strike against the people who own trailers within the City ot
Kenai, or against those who may wish in the future to reiocate their trailers there.
These are some of the rules in the new Ordinance which they are trying to impose on you as mobile home
owners/occupants:
2
• Placement of a mobile home in a mobile home park will require a building permi4 for a fee of $100.
This includes an inspection of the furnace and water heater (which are already done by Enstar for
free), foundation, skirting, code compiiance, and entranceslsteps.
. At the moment, and in the "first reading" of this ordinance, it said "Mobile homes must meet the
National Manufactured Home Construction and Safety Standards and display a seal certifying that it
was built according to such standards."
o(Rick Cook, who works for the City, se+d at the last meefing, and l quote, "We're hying to get
rid of oid Prailers." Yep-fhey sure are. Hnw do you feel about that? )
. You must also have a buildina permif at a cost of 28 cents per sq foot, for any additions, arctic
entries, or lean-tos, and those additions must not use the structural support of the trailer, and must be
placed on pre-treated wood or on 8" by 8" by 8" concrete pads or concrete masonry units.
Furthermore, no more than one lean-to and one arctic entry are allowed.
• The trai~er must be blocked for safe mounting and the blocks if made of wood must use pre-treated
wood of 2' thickness bv 4 spuare feet. If cored concrete biocks are used, the core must be placed on
vertically on a sofid concrete pad not less than four inches thick and not less than four square feet in
area at each point of blocking.
. Ail entrances to a mobile home shall be provided with permanent steps of pre-cast concrete, properly
laid and cemented blocks or treated lumber. (You can't use regular lumber... it might "rot.")
These are just a few of the standards that I outlined from the ordinance, attached.
According to Mayor Pat Porter at my meeting with her today, a"neW' proposed version of this Ordinance will
appear on the City council's website on Friday, November 17, 2006 after 5:00 pm, which can be found here:
http:!/www.ci.kenai.ak.us(clerk council.html I am maiiing this out to ail mobile home owners in the City and
possibly outside the city today, Friday, before 5:00 pm so that you can get it in time to attend this Tuesday's
meeting: Nov. 215t, 7:30 pm., City of Kenai City Hali. PLEASE ATTEND AND MAKE YOUR OPINION
KNOWN! Call the City Clerk and RESERVE YOUR spot to speak, or you might not get a chance to say
anything: Phone (907) 283-7535 ext. 231. Alternatively, prepare comments and fax them to: (907) 283-
3014, or email them to the City Council Members:
! Pat Porter, Mevor kenaimayor10@msn.com ; (907) 283-4348 j Term Expires:
_
_. _ . . 2007
Linda Swarner. Council Member
(907) 283-7535 Ext. 231 _
2008
I swamer@acsalaska. net
', Joe Moore. Vice-Mavor cpajoe@altrogco.com i (907) 283-4610 2007
Rick Ross Council Member (g07) 283-8497 2006
rossrck@hotmaiLwm
Mike Bovle, Council Member (g07) 283-0820 2008
mboyle@aiaska.com
, Barrv Eldridpe Councii Member __ . _ _
(g07) 283-7152 _
2007
barry_eldridge@yahoo.com ,
. .
Bob Mollov. Council Member
(g07) 283-7373 __.
2006
bob@molloyforcouncil.com
Piease take a look at the whole ordinance and feel free to attend the meeting, which will be attended by
mobile home park owners, council members and the Mayor of the City of Kenai. The meeting will be held on
Tuesday, November 21 ~`, at 7:30 pm at the City of Kenai, City Hall, 210 Fidalgo Avenue, next to the Police
Station. STAND UP AND BE HEARD!!!
Sincerely,
~
'l/'T ~.~~~,;, ?' i ~r~;?: r *.~z
Sandy la"shbrook
Owner, Highland Pride Mobile Home Park
Note: Yellow Highlights have been added for emphasis.
(Sandy Lashbrook, Owner, Highland Pride Park; Inc.)
The "new draft" of this ordinance should be on the City's
Website at: http://www ai.kenai.ak.us/clerk council,htnil by
SPM Friday, 11/17/06 -- and will be available at the meeting.
CITY OF KENAI
Suggested by: Administration
a~nzN~rrcE No. ai~~-zoo6
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC
14.20.240(c) BY ADOPTING MOBILE HOME STANDARDS FOR MOBILE HOME PARKS
WITHIN THE CITY OF KENAI
WHEREAS, KMC 14.20.240(c) allows mobile homes for residential use in mobile home
parks within the City of Kenai, and,
WHEREAS, KMC 14.20.240(c) does not provide for minimum standards for mobile homes
brought into mobile home parks; and,
WHEREAS, such minimum standards would improve the safety, aesthetics and
living conditions in mobile homes in the City of Kenai; and,
WHEREAS, it is beneficial to residents of mobile home parks to provide for minimum
standards for such mobile homes; and,
WHEREAS, such minimum standards would benefit the mobile home parks and nearby
property; and,
WHEREAS, it is in the best interest of the City of Kenai to provide for minimum standards
for mobile homes in mobile home parks; and,
WHEREAS, the minimum standards adopted in this ordinance would apply to mobile
homes placed in mobile home parks after the effective date of this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that KMC 14.20.240(c) is amended to read as stated below.
14.20.240 Mobile Homes.
(c) Mobile homes for residential use may be established only in mobile home parks as
permitted in the Land Use Table, subiect to the followin~ mobile home standards.
4
a seal certifving that it was built according to such standards. Inspection ma ~~be
mobile home shall expire 90 days after the date of issuance unless an extension
Sandy Lashbrook, Owner
Highland Pride Mobile Home Park
5125 Silver Salmon Drive, Kenai AK
Mailing: c/o 3750 Steven Drive, Wasilla, AK 99654
Email: Sandya~WhatMattersMost.net
Office: (907) 357-7990
November 17. 2006
~~~E~T N~TICE ~F ~~~ILE H~~E ~e~R{~ O~D'~~~CE H~e~~'N~
,41' CITY HALL, Tuesday, Noveenber 215t, at 7:30 pm
Dear Mobile Home Owner:
Your rights regarding owning a mobile home and potentially moving it into a
Mobile Home Park in the City of Kenai are in danger! I am writing to inform
you of an Ordinance the Cify of Kenai is trying to impose orr all mobile home
owners/occupants in the mobile home parks within the City of Kenai. Please
find enclosed a copy of this proposed ordinance.
I.am convinced`tlii$ ~rdiriance is `NOT al~out "h'ealth" or "safety:" IYs about<
appeasing the property owners around rriobile;home;parks by effecfiiuely-
~banr~ir~g:mQbile~ho~ne~~~from mi~ving~into'~Parks; thereby eventually causing the
Parks to go out of business. Many have already, as you probably know. The
"standards" the Kenai City Council are about to impose will be very, very
difficult for older mobile homes to meet-effectively keeping them from being
able to move into Parks, or from one Park to another. (Current homes in
Parks will be grandfafihered except for new additions, skirting, etc.).
This issue is about discrimination, retaliation, and appe~s~g`tl~e `"squ~~ky~,
wheel." Highland Park received several notices of violat~ons~over the~sum°mer
of 2006. We addressed and resolved each of them. On Sepfiember 7, 2006,
Robert Peterson (Code Enforcement Officer) stated:
`7 am recommending that the subject case be "closed" at this fime,
pending additional complaints. The property manager, Mr. Meier, has
made significanf progress in cleaning this property. 1 am currently
pursuing individual tenants in the park for specific lots. l will continue to
monitor the property and talk with Mr. Meier regarding the overall
condition of the park and individual lots."
Yet, just 18 days later, a Mr. Kurt Rogers living at 5335 King Salmon Drive,
(who tried unsuccessfully to purchase the Park from me and who was cited for
a speeding ticket in the Park) wrote the enclosed Better, complaining again.
Here are some highlights of his letter to the Mayor of Kenai:
3
Even more interesting, the Mayor, Pat Porter, lied to me today when I met with
her regarding this Ordinance and her driving force or motivation to request it
be passed by the Council. She specifically, emphatically told me that she did
not know Kurt Rogers, and that she had only received "one phone ca11" from
him, "thaYs all." I specifically asked her, at least three times, to confirm that
the onlv contact she had with him was "one phone call." She repeated,
66Yes, one phone call, that's it." VVell, isn't it interestinq that exactlv 20
davs after receivinq the enclosed letter from IVIr. Kurt Roqers, (which she
lied aboufi receivinql addressed to Mavor Pat Porter, #hat she proposed
the followinq Ordinance to the Cit~ Council? Do you think there was any
link there?
Ironically, most af the "complaints" brought up by "nearby residents" are not
even ADDRESSED by the proposed ordinances! In fact, Mayor Porter
admitted today that the City of Kenai already has in place ordinances about
junk, trash, abandoned cars, animals running loose, etc., SO THESE
ORDINANCES ARE TRYING TO SOLVE A PROBLEM WHICH DOESN'T
EXIST.
This whole thing is political and is yet another strike against the people who
own trailers within the City of Kenai, or against those who may wish in the
future to relocate their trailers there.
These are some of the rules in the new Ordinance which they are trying to
impose on you as mobile home owners/occupants:
• Placemenfi of a mobile home in a mobile home park will require a
building permit for a fee of $100. This includes an inspection of the
furnace and water heater (which are already done by Enstar for free),
foundation, skirting, code compliance, and entrances/steps.
s At the moment, and in the "first reading" of this ordinance, it said "Mobile
homes must meet the National Manufactured Home Construction and
Safety Standards and display a seal certifying that it was built according
to such standards."
o(fZick Cook, who works for the Gify, said at the last meeting, and t
quote, "We're trying ta gefi ric~ of old trailers. " 1°ep-they sr~re are.
F-dow do you fee! about that? )
. You must also have a builcfenp permit at a cost of 28 cents per sq foot,
for any additions, arctic entries, or lean-tos, and those additions must
not use the structural support of the trailer, and must be placed on pre-
treated wood or on 8" by 8" by 8" concrete pads or concrete masonry
4
units. Furthermore, no more than one lean-to and one arctic entry are
al lowed.
• The trailer must be blocked for safe mounting and the blocks if made of
wood must use pre-treated wood of 2' thickness by 4 square feet. If
cored concrete blocks are used, the core must be placed on vertically on
a solid concrete pad not less than four inches thick and not less than
four square feet in area at each point of blocking.
. All entrances to a mobile home shall be provided with permanent steps
of pre-cast concrete, properly laid and cemented blocks or treated
lumber. (You can't use regular lumber... it might "rot.")
These are just a few of the standards that I outlined from the ordina~ce, attached.
According to Mayor Pat Porter at my meeting with her today, a"ne~' proposed version of this Ordinance will
appear on the City council's website on Friday, November 17, 2006 after 5:00 pm, which can be found here:
http:(/www.ci.kenai.ak.us/clerk council.html I am mailing this out to all mobile home owners in the City and
possibly outside the city today, Friday, before 5:00 pm so that you can get it in time to attend this Tuesday's
meeting: Nov. 21st, 7:30 pm., City of Kenai City Hall. PLEASE ATTEND AND MAKE YOUR OPINION
KNOWN! Call the City Clerk and RESERVE YOUR spot to speak, or you might not get a chance to say
anything: Phone (907) 283-7535 ext. 231. Alternatively, prepare comments and fax them to: (907) 283-
3014, or email them to the City Council Members:
! Pat Porter, Mayor kenaimayor10@msn.com
~inda Swarner Council Member
Iswarner@acsalaska. net
Jas Moore. Vice-Mavor cpajoe@altrogco.com
(907)283-4348 !TermExpires:
2007
(907) 283-7535 E#. 231 , 2008
(907)283-4610 . 2007
(907) 283-8497
2006
Mike Bovle Council Member
mboyle@alaska.com (907) 283-0820 2008
Barrv Eldridqe Councii Member (g07) 283-7152 2007
barry_el dri dge@ya hoo. com
Bob Moliov. Council Member
bob@m olloyforcounci I. com
(907)283-7373
2006
Please take a look at the whole ordinance and feel free to attend the meeting, which will be attended by
mobile home park owners, councii members and the Mayor of the City of Kenai. The meeting will be held on
Tuesday, November 21~`, at 7:30 pm at the City of Kenai, City Hall, 210 Fidalgo Avenue, next to the Police
Station. STAND UP AND BE HEARD!!!
Sincerely,
% / ~~
~ ~~ r e~._./~ ~`' ~r;,g ,
Sandy Lashbrook
Owner, Highland Pride Mobile Home Park
I ~
Suggested by: Administration
C%TY OF KENAY
ORDINANCE NO. 2191-2006
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS BY $150,000 IN THE GENERAL
FUND FOR PAYMENT TO THE PUBLIC EMPLOYEE RETIREMENT SYSTEM.
WHEREAS, it is in the best interest of the City of Kenai, to contribute additional funds
to pay down the unfunded liability in the PERS; and,
WHEREAS, money is available in the fund balance.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that estimated revenues and appropriations be increased as follows:
General Fund
Increase Estimated Revenues
Appropriation of fund balance $150,000
Increase Appropriations:
PERS $150,000
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of
November, 2006.
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, City C1erk
Introduced: September 20, 2006
Postponed: October 4, 2006
Adopted: November 21, 2006
Effective: November 21, 2006
Approved by Finance:-~~~~i-
-
Suggested by: Administration
CITY OF KENAI
ORDINANCE NO. 2196-2006
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC 14.20.240(c) BY ADOPTING MOBILE HOME STANDARDS FOR MOBILE HOME
PARKS WITHIN THE CITY OF KENAI
WHEREAS, KMC 14.20.240(c) allows mobile homes for residential use in mobile home
parks within the City of Kenai, and,
WHEREAS, KMC 14.20.240(c) does not provide for minimum standards for mobile
homes brought into mobile home parks; and,
WHEREAS, such minunum standards wouid improve the safety, aesthetics and living
conditions in mobile homes in the City of Kenai; and,
4UHEREAS, it is beneficial to residents of mobile home parks to provide for minunum
standards for such mobile homes; and,
WHEREAS, such mirumum standards would benefit the mobile home parks and
nearby property; and,
WHEREAS, it is in the best interest of the City of Kenai to provide for minimum
standards for mobile homes in mobile home parks; and,
WHEREAS, the minimum standards adopted in this ordinance would appiy to mobile
homes placed in moblle home parks after the effective date of this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that KMC 14.20.240(c) is amended to read as stated below.
14.20.240 Mobile Homes.
(c) Mobile homes for residential use may be established only in mobile
home parks as pernutted in the Land Use Table, subject to the
followin~ mobile home standards.
(1) No mobile home may be placed in a mobile home park until it has
been inspected to meet the requirements of this ordinance. Mobile
homes must meet the National Manufactured Home Construction
and Safetv Standards and displav a seal certifvin~ that it was Uuilt
of the Building Official. Placement of mobile homes in mobile
home parks shall require a buildin~pernut. NotwithstandinE
KMC 4.32A15-R105.5, a buildin~percriit for a mobile home shall
exoire 90 davs after the date of issuance unless an extension has
been ~ranted. The fee for a mobile home buildin~ permit shall be
Ordinance No. 2196-2006
Page 2 of 4
$100. The fee shall cover the costs of the initial inspection and
detectors. No wrecked or dilapidated mobile home mav be placed
the plumbin~ code as adoqted in KMC 4.25.
(2)
the building code and shall Ue attached to permanent foundations.
Mobile homes that are not on permanent foundations shall be
blocked as specified in this section, and mav have either factorv-
built additions or additions that complv with the buildin~ code.
Such additions need not be placed on permanent foundations but
must be placed on preservative-treated wood or 8" by 8" bv 8"
concrete pads or concrete masonrv units.
(3) Blockin~. In order that safe_mountint~s for mobile homes which
shall be installed under the mobile home at the front and at the
rear and at approximatel~~ht feet on center under the main
frame members on eaeh side of the mobile home and under the
ton ue if it is not removable. If wood is used for blockin~, the
~round or bearin~ block at each point shall be a minimum of two-
inch thickness bv four square feet of surface and of preservative
treated wood. Additional blockin~ used shall be a minimum of one
and one-half square feet but in no instance be lon~er or wider
submitted for apArovai prior to installation and approved by
Buiidin~ Official as consistent with the safetv standards and ~oals
set forth in this section.
wedges will not be acceptable. If cored concrete blocks are used
for blockin~the mobile home, the core shall be Alaced verticallv on
a solid concrete pad not less than four inches thick and not less
than four square feet in area at each point of blocking. All such
concrete blockin~ shall be load-bearin~ blocks commonlv known
Ordinance No. 2196-2006
Page 3 of 4
(4) Skirtin~. All mobile homes shall be skirted within 90 davs of
placement in a mobile home park. The skirting shall be in such a
manner as to withstand the elements and all access openin~s in
skirtin shall be closed when not in use and made of solid panels.
(5) All entrances to a mobile home shall be provided with permanent
steps of pre-cast concrete, properlV laid and cemented blocks, or
treated lumber. The entrance to an attached deck or similar
extension shall be considered as an entrance to a mobile home.
installation.
(6) Additions. Only one lean-to and one arctic entrv mav be attached
to anv mobile home provided thev meet the requirements of this
seclion. Additions may not use the mobile home for structural
support. No lean-to or combination of lean-to and arctic entrv
requirements that are applicable in the particular zone or mobile
home park in which the mobile home and lean-to are located, or
constructed within five feet of the neact adjacent mobile home
space line. An arctic entry is allowed at an e~t/entrv door from
the mobile home. Additions to moblle homes require a buildin~
pernut. Additions may onlV be made to mobile homes meetin~ the
standards.
(7j Outbuildings and additional structures. Detached structures
shall not exceed two hundred square feet. Detached structures
to or other buildin~ in the mobile home park. Detached
structures shall require a building pernut as required under the
residential code adopted in KMC 4.32. The construction of lean-
tos and similar structures shall be accomAlished onl~
obtaining a buildin~ pernvt from the buildin~ official, and then in
accordance with the citv's buildin~ code.
(8) Setbacks. There shall be a side vard of not less than 15 feet at the
entr~ side of the mobile home a side yard of not less than 8 feet at
the non-entrv side a rear vard of not less than 10 feet and a front
yard of not less than 10 feet.
(9) Space size. Each conventional sin~le-wide mobile home shall be
located on a plot/space having an area of not less than 3,200
square feet and each double-wide mobile home shall be located on
a plot havin~ an area of not less than 4 200 square feet. A mobile
Ordinance No. 2196-2006
Page 4 of 4
home mav not cover more than 40 percent of the Alot/space size
for that mobile home.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of
November, 2006.
PAT PORTER, MAYOR
ATTEST:
Carol L. F7eas, City Clerk
Introduced: October 17, 2006
Adopted: November I, 2006
Effective: December 1, 2006
-
SUBSTITUTE
Suggested by: Administration
CITY OF KENAI
Q~RDINANCE N0. Z 196-2006
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC 14.20.240(c) BY ADOPTING MOBILE HOME STANDARDS FOR MOBILE HOME
PARKS WITHIN THE CITY OF KENAL
WHEREAS, KMC 14.20.240(c) allows mobile homes for residential use in mobile home
parks within the City of Kenai, and,
WHEREAS, KMC 14.20.240(c) does not provide for minimum standards for mobile
homes brought into mobile home parks; and,
WHEREAS, other housing built or placed within the City of Kenai has minimum
standards it must meet; and,
WHEREAS, such minimum standards would improve the safety, aesthetics and living
conditions in mobile homes in the City of Kenai; and,
WHEREAS, it is beneficial to residents of mobile home parks to provide for minimum
standards for such mobile homes; and,
WHEREAS, such minimum standards would benefit the mobile home parks and
nearby property; and,
WHEREAS, it is in the best interest of the City of Kenai to provide for minimum
standards for mobile homes in mobile home parks; and,
WHEREAS, the minimum standards adopted in this ordinance would apply to mobile
homes placed in mobile home parks after the effective date of this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that KMC 14.20.240(c) is amended to read as stated below.
14.20.240 Mobile Homes.
(c) Mobile homes for residential use may be established only in mobile
home parks as permitted in the Land Use Table, subiect to the
followin~ mobile home standards.
(1) No wrecked or dilapidated mobile home mav be placed in a
mobile home bark. No mobile home may bepiaced in a mobile
home park until it has been inspected to meet the requirements
of this ordinance. Mobile homes must have adequate sanitary
facilities; a sanitarv water suppiy; water heatin~ facilities; heatin~
equipment; cooking equipment; smoke detectors; carbon
mono~de detectors; windows; ventilation; electrical service and
Ordinance No. 2196-2006
Page 2 of 4
be structurallv safe• or meet the National Manufactured Home
Construction and Safetv Standards Act of 1974 enacted June 15,
1976 with a seal certifving that it was built according to such
standards. Verification may be done bv submission of
photo~raphs or phvsical inspection at the discretion of the
Buildin~ Officiai. Placement of mobile homes in mobile home
parks shall require a buildin~ permit Notwithstanding KMC
4 32 O15-R105.5 a buildin~ permit for a mobile home shall
expire 90 davs after the date of issuance unless an extension has
been granted.
(2) The fee for a mobile home buildin~ permit shall be $100. The fee
shall cover the costs of the initial inspection and subsequent
inspection of foundation skirting code compliance, and
entrances/steps Access shall be provided for the building
inspector to inspect the furnaces, water heater, foundation or
blockin~ and verification of smoke and carbon monoxide
detectors.
(3) Mobile home service connections shall meet the requirements of
the electrical code as adopted in KMC 4.30 and the plumbing
code as adopted in KMC 4.25.
(4) Foundations Mobile homes may be attached to permanent
foundations~ provided that the foundations complv with the city's
buildin~ code Additions to such mobile homes on permanent
foundations shall be factorv-built additions or shall comply with
the buildin~ code and shall be attached to permanent
foundations. Mobile homes that are not on permanent
foundations shall be blocked as specified in this section, and mav
have either factorv-built additions or additions that complv with
the building code Such additions need not be placed on
permanent foundations but must be placed on preservative-
treated wood or concrete pads/~iers or conerete masonrv units.
(5) Blockin~. In order for safe mountin~s for mobile homes that are
not attached to permanent foundations mav be provided, the
minimum standards for blockin~ shall be as follows. Blockin~
shall be installed under the mobile home at the front and at the
rear and at approximatelv ei~ht feet on center under the main
frame members on each side of the mobile home and under the
tongue if it is not removable. If wood is used for blockinQ the
ground or bearin~ block at each point shall be a minimum of
two-inch nominal thickness and of preservative treated wood.
Additional blockin~ used maYbe reQUlar lumber placed on the
wood-bearin~ block or on a concrete pad or on a conerete
masonrv unit but shall be no lon~er or wider than the block
beneath Cored concrete blocks used for blockin~ the mobile
home shall be placed verticallv. All such concrete blocking shall
be load-bearin~ blocks commonlv known as Class A concrete
blocks. Materials and methods of blocking differin~ from those
Ordinance No. 2196-2006
Page 3 of 4
described in this section mav be approved if submitted for
approval qrior to installation and approved by Buildin~ Official as
consistent with the safety standards and ~oals set forth in this
section.
(6) Skirtin~. All mobile homes shall be skirted within 90 davs of
placement in a mobile home park. The skirting shall be in such
a manner as to withstand the elements and all access openin~s
in skirtin~ shall be closed when not in use and made of solid
panels•
(7) All entrances to a mobile home shall be provided with at least a 3'
by 3' landing and steps both of which must be made of concrete,
cemented blocks, steel, preservative treated lumber or painted
lumber placed on preservative treated nominal 2" bv 4" runners.
The entrance to an attached deck or similar extension shall be
considered as an entrance to a mobile home.
(8) Additions. Only one lean-to and one arctic entry may be
attached to anv rnobile home provided thev meet the
requirements of this section. Additions may not use the mobile
mobile home park shall have a floor area exceedin~ the floor area
of the ori~inal mobile home to which it is attached. No addition
shall be constructed or maintained of anv size or in anv position
which violates the minimum separation distance, side Vard, rear
vard, front vaxd or ma~cimum allowable lot coverag;e requirements
that are applicable in the particular zone or mobile home park in
which the mobile home and 1ean-to are located or constructed
within five feet of the next adiacent mobile home space line. An
arctic entrv is allowed at an exit/entry door from the mobile
home. Additions to mobile homes require a buildin~ permit.
Additions mav onlv be made to mobile homes meeting standards
as set out in (c)~l) above.
(9) Outbuildin~s and additional structures. Detached structures
shall not exceed two hundred square feet. Detached structures
shall be separated from the mobile home on the same lot/space
bv a minimum of five feet and no closer than ten feet from any
other mobile home or lean-to ar other buildin~ in the mobile
home park. Detached structures shall repuire a buildin~ permit
as required under the residential code adopted in KMC 4.32. The
construction of lean-tos and similar structures shall be
accomplished onlv after obtaining a building permit from the
buildin~ official, and then in accordance with the citv's buildin~
code.
( lOj Setbacks and separation distance.
(i) In new mobile home parks, there shall be a side vard of not
less than 15 feet at the entrv side of the mobile home, a side
vard of not less than 5 feet at the non-entrv side, a rear V~d
Ordinance No. 2196-2006
Page 4 of 4
of not less than S feet and a front Vv'd of not less than 10
feet.
(ii) In mobile home parks established before the adoption of this
ordinance there shall be a minimum 10' separation distance
between anv mobile home or buildin~ and anv other buildin~
or mobile home in the mobile home park.
(iii) Mobile homes shall have a minimum of one side fronting a
roadway or other accessorv having a minimum unobstructed
width of 24 feet.
(l l) Space size for new mobile home parks. Each conventional sin~le-
wide mobile home sha11 be located on a plot/space havin~ an
area of not less than 3 200 sauare feet and each double-wide
mobile home shall be located on a plot havin~ an area of not less
than 4 200 square feet A mobile home ma~not cover more than
40 percent of the plotlspace size for that mobile home.
(12) Space numbers Each mobile home must have the space number
(13) Parkin~ A minimum of two parkin~ spaces per mobile home will
be provided per KMC 14.20.250.
(14) All mobile homes in mobile home parks shall be connected to
water and sewer svstems approved bv the State of Alaska,
Denartment of Environmental Conse_rvation before thev mav be
occupied.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 215t day of
November 2006.
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Introduced: October 17, 2006
Adopted: November 21, 2006
Effective: December 21, 2006
(
j '°V flaye w~tti a Past, ~ity wct~ ~ F~.t~Ye„
~
y~'' ~ 210 Fidaigo Avenue, Kenai, Alaska 99611-7794
_ - ~- Telephone: (907) 283-7535 ( Fax: (907) 283-3014
~ www.ci.kenai.ak.us
\ tyeuyuf
KENA~ SKA
MEMORANDUM
TO: Mayor Porter and the Kenai City Council
FROM:C~ Cary R. Graves, City Attorney
DATE: November 16, 2006
RE: Mobile Home Suhstitute Oedinancc
The Administration felt it would be helpful to the Council and the public to have a memorandum
outlining the effects of the proposed mobile home oxdinance. The intent of the ordinance is to
have mobile homes brought into mobile home parks after the effective date of the ordinance
come under minimum housing standards. Existing mobile homes would not come under the new
standards unless they were moved to a new location or had an addition or outbuilding added.
Conventional housing that is constructed or moved inCo the City is already subject to standards.
Changes were made from the original ordinance after a meetnig with mobile home park owners
and residents. An attachment to this memorandum shows those changes.
It is not the intent of this ordinance to keep additional mobile homes ou2 of the City or impose
such costs on mobile home parks so as to make it economically unfeasible to exist. However, it
is the Administration's position that citizens of Kenai who live in mobile homes should have at
least a minimum standard of housing to live in. The City already has standards for eonventioilal
housing, and mobile homes should not be exempt from minimum housing standards.
A. Subsection (c)(1) provides that no dilapidated or wrecked mobile home may be moved
into mobile home parks in Kenai. Zt does not affect any mobile home already in mobile
home parks. It further provides that mobile hc~mes moved into existing mobile home
parks must either. (1) meet the National Construcfion and Safety Standards Act of 1974
and display a seal showing it meets such standards; or 2) have adequate have sanitary,
cooking facilities, heating and eiectrical service, be structurally safe and have smokc and
carbon monoxide detectors.
Moving a mobile hoine into an existing mobile home park would require a building
permit. Right now inoving a house into the City requires a building pennit, so that
Mayor Porter and Kenai City Council
November 16, 2006
Page 2 of 3
provision is only bringin~ mobile homes in line with what the City does far houses. The
building permit would be good for 90 days so the skirting, blocking and entrances would
have to be completed within that time.
B. Subsection (c)(2) sets the building permit fee at $100. On a square-fooC basis thaf is
much less than the City charges for a building permit for conventional housing. The idea
behind reducing the fee from what we charge conventiona] housing was to reflect that
some residents of mobiie homes have less financial ability to pay building permit fees.
C. Subsection (c)(3) requires mobile homes moved into mobile home parks after the
ordinance to meet the electrical and plumbin~ codes for service connecrions. "This is ~
already required for conventional housing.
D. Subsection (c)(4) and (5) seTs the sYandards for foundations and blocking for mobile
homes. It also provides that alternative methods of blocking are allowed if approved by
the Building OPficial as consisCent with the safety standards and goals set in the
ordinance. That provides some flexibility in providing blocking as long as it is safe.
E. Subsection (c)(6) provides that mobile homes inust be skirted within 90 days of being
placed in a mobile home park. The skirtin~ must be made of solid panels and be able to
withstand the elemenTs. Access panels shall be closed when not in use.
F. Subsecfion (c)(7) provides that entrances to inobiie homes must be on landings at least 3
feet by 3 feet and made of concrete, cemented biocks, steel, or treated or painted lumber
placed on treated 2 inch by 4 inch runners.
G. Subsection (c)(8) provides for additions to mobile l~omes. Only one lean-to or arctic
entry way may be provided per mobile home. Additions cannot use the mobile home for
structural support. No addition may be larger than the mobile home and they inust meet
the separation, yard and coverage requixements of the code. It ciearly spells out thaY
additions to mobile homes require a building permit. That is something that the buildin~
codes already require althougl~ it is not spelled out specifically in the city code.
H. Subsection (c)(9) sets out the limits for outbuildings and structures. Outbuildings require
a building permit if mandated under the residential buildin~ code and are limiCed to 1wo
hundred square feet. They must be at least five feet from the mobile home.
I. Subsection (c)(10)(i) sets out new setback and separation standazds for new mobile home
parks. It does not change anything for existing mobile homes in parks. The standards for
new mobile home parks are side yards of 15 feet for the entry side, 5 feet for the non-
entry side, rear yards of 5 feet and front yards of 10 feet.
7. Subsection (c)(10)(ii) sets out a minimum separation distance for mobiie homes brought
into existing mobile home parks after the date of this ardinance as ten feet from another
building or mobile home in the park.
K. Subsection (c)(10)(iii) requires mobile homes brough2 into existing parks to have one of
the four sides fronCing a roadway at least 24 feet wide. That is Yo ensure emergency
response vehicies have adequate access to a mobile home in case of a fire or healYh
emergency.
L. Subseetion (c)(11) sets a space size for new mobile home ~arks. It does not apply to
existing parks. New mobile home parks must be a2 lease 3,200 square feet per mobile
space witl~ doublewide mobile homes requiring at least 4,200 square feet. No more than
40 per cent of tl~e lot/space area per mobile home may be covexed by the mobile home.
Mayor Porter and Kenai City Council
November 16, 2006
Page 3 of 3
M. Subsection (c)(12) requires mobile homes brought into parks after Yhis ordinance is
effective to have a space numbers on them.
N. Snbsecfion (c)(13) requires mobile homes brought into parks after this ordinance to have
at least two parking spaces per mobile home.
O. Subsection (c)(14) requires that a mobile home must be connected to a DGC-approved
water and sewer system before it can be occupied. ~
Please feel free to let me know if you have any questions ar cominents.
Attachment
SUBSTITUTE
Suggested by: Administration
CYTY OF KENAI
ORDINANCE NO. 2196-2006
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC 14.20.240(c) BY ADOPTING MOBILE HOME STANDARDS FOR MOBILE HOME
PARKS WITHIN THE CITY OF KENAI.
WHEREAS, KMC 14.20.240(c) allows mobile homes for residential use in mobile home
parks within the City of Kenai, and,
WHEREAS, KMC 14.20.240(c) does not provide for minimum standards for mobile
homes brought into mobile home parks; and,
WHEREAS, other housin~ buiit or piaced within the Citv of Kenai has minimum
standards it must meet; and,
WHEREAS, such minimum standards would improve the safety, aesthetics and living
conditions in mobile homes in the City of Kenai; and,
WHEREAS, it is beneficial to residents of mobile home parks to provide for minimum
standards for such mobile homes; and,
WHEREAS, such minimum standards would benefit the mobile home parks and
nearby properry; and,
WHEREAS, it is in the best interest of the City of Kenai to provide for minimum
standards for mobile homes in mobile home parks; and,
WHEREAS, the minimum standards adopted in this ordinance would apply to mobile
homes placed in mobile home parks after the effective date of this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that KMC 1G.20.240(c) is amended to read as stated below.
14.20.240 Mobiie Homes.
(c) Mobile homes for residenYial use may be established only in mobile
home parks as permitted in the Land~ Uae Table, subiect to the
followine mobile home standards.
(1) No wrecked or diia idated mobile home ma be laced in a
mobile home ark. No mobile home ma be laced in a mobile
home park until it has been inspected to meet the repuirements
monoxide detectors~ windows• ventilation~ electrical service and
Ordinance No. 2196-2006
Page 2 of 4
be struckurallv safe~or meet The National ManufacYured Home
Construction and Safetv StandardsAct of 1974 enacted. June 15
1976 wi~h. a seal cerYif in that it was built accordin to such
standards. Vettfication may be done bv submission of
__ - _______ .... __
hoto ra hs or h sicai ins eeiion at the discretion of the
Buildin Official. Piacement of mobite homes in mobile home
arks shall re uire a buildin ermit. Notwithstandin KMC
4.32.015-R105.5 a buildin ermit for a mobile home shall
ex ire 90 da s after the date of issuance unless an extension. h.as
been Qranted.
(2) The fee for a mobile home building permit shall be $100. The fee
shall cover the costs of the initial ins ection and subse uent
insoeetion of foundation, skirtine code compliance and
entrances/steps. Access shall be orovided for the buildina
ins ector to ins ect the furnaces water heater foundation or
blockin and verification of smoke and carbon monoxide
detectors.
`---- ------ ------ - - -- - ----
_"
(~ Mobile homedsErvicc connECrions shall meet the requsements of
the electrical code as ado ted in KMC 4.30 and Yhe lumbin
code as adopted in KMC 4.25.
(4) Foundations. Mobile homes mav be attached to permanent
foundationa; provided that the foundaYions comply with the citv's
bvildin code. Additions fo such mobile homes on ermanent
foundations shall be factorv-built additions or shall comply with
the buildina code and shall be attached to permanent
founda.rions. Mobile homes that are not on ermanent
foundauons shall be blocked as s ecified in this section and ma.
have either facto -builf additions or additiona Lhat com 1 wiYh
the buildin code. Such additions need not be laced on
ermanent foundations but must be laced on reservative-
.--- Deleted: and disnlav ~
. _ _ - Deletetl: Insnection I
Deleted: No wrecked or
dilapidated mobile home mav be
frormatbetl: IndenC Left: OJS",
Nangin9: 0.33", Tabs: 1.08", Left
Formatted: 8ullets and Num6erin
Deleted:-s=na<,es~~--~_
=___°='=_='-'_'--_ -_
Deieted: 8° bv 8° bv 8,•
-u.,,,„_,..,.°"- ---
Ueleted: thal,
Delet2d: which
Deleted; bv four sauare feet o(
surfacr
_-,,.--,.. _--"'--_"
Deleted: shall be e minimum af
Deleted:in
________.___-.
Deletetl:in~.
DeleYed: The block trtat is in
wntact with the Game shall be u
minimum of two bv six hv twelve
inches nominal s~.e. E3lockine
mav Ae lvninated of mareriu7 not
less than two-inet~es. The use of
shims will be a[lowed. nrov3ded
the sNim is of fhe same lenePh
and widTh and lene as t e lock
blocks. Materials and methods of blockin differin from those
Deleted: are
-_- -.-.._-..--
Deieted: eh e '~~
Deleted: on a soiid concrele nad
not less than four inches thick
shall be installed under Yhe mobile home at the front and at the
rear and at a mximatel ei ht feet on center under the main
frame members on each side of the mobile home and under the
ton e if iY is not removable. If wood is used for blockin the
Ordinance No. 2196-2006
Page 3 of 4
described in this section ma be a roved if submitted for
aqproval prior to installafion and aoproved bv Buildin2 Official as
consistent with the safet standards and oals seY forth in th.is
section.
f6) Skirtin¢. All mobile homes shall be skirted within 90 davs of
Iacement in a mobile home ark. The skirYin shall be in such
a manner as to withstand the elements and all access o enin s
in skirtin sha11 be ciosed when not in use and made of solid
ap nels.
home for structural su ort. No lean-to or combination of lean-
to and arctic ent built or attached to an mobile home in a
mobile home ark shall have a floor area exceedin the floor area
of the original mobile home to which it is attached. No • cl.dinon
€? - ___.. - oeieted: ieaa-ro
shall be constructed or maintained of an size or in an osition
which violates the minimum separation distance side vard, rear
ard front ard or ma~cimum allowable lot covera e re uirements
that are a licable in the articular zone or mobile home ark in ~
which the mobile home and lea.n-to are locaYed or constructed
within five feet of the ne~ct ad'acent mobile home s ace line. An
aretic enE is allowed at an exit/entrv door from the mobile
home. Additions to mobile homes re uire a buildin ermit.
Additions mav onlv be made to mobile homes meetine tandards
'r~
-- -
....-- oe~eted: rne rvar,onai
---------------------
95 S~t OUT ln (C~ ft1~OVe. ----~
MannfacPUrul Home Constructlon
~
91 Outbuildin~s and additional structures. Detached structures
~
shall not exceed two hundred s uare feet. Detached structures ana satem sranaara, aaa
disnlannc a seal certifvine it wns
bniu ar~ora~g to s~on
shall be senarated from the mobile home on the same lot/space
b a minimum of five feet and no closer than ten feet from an .
other mobile home or lean-to or other buildin in the mobile
home nark. Detached structures shall require a buildin~ permit
as re uired under the residential code ado ted in KMC 4.32. The
consTnzeYion of lean-tos and similar structures shall be
accom lished onl after obtainin a buildin ermit from the
buiidin official and then in accordance wiYh Yhe cit 's buildin.
code. ___
-
10 Setback • and se aration distance.
( 1 ~ ~' -- oe~etea:. Tner
~~~
_ _
fi) In new mobile home qarks there shall be a side yard of not --
-
-:;---- Formatted: tndenc: ~ert: i.os",
i
Iess than 15 feet at the ent side of the mobile home a side Hanging: 0_25", Tabs: Not at 1.67" `
~ __'
vard. of not less than feet at the non-entrv side a ieai V2rC1
~ ~ Formatted: 8ullets and Numbering
. _.--.--
---------- ----.. _
-----------------------------------------
....__-- - --~~-~---
~ Deleted:8
Ordinance No. 2196-2006
Page 4 of 4
of not less than~.5 feet and a front yard of not less than 10 ___ ___ _...-- oeleted: ~_o ~
-------------------------------------------------------- -
feet.
(ii) In mobile home oarks establish~d before the adontion of this
ordinance the,re sha.11 be a minimum 10' senaration distance
between an mobile home or buildin and an other buildin
or mobile home in the mobile home nark.
(rii) Mobile homes,_sha11 have a minimum of one aide fronrine a
roadwav or other accessorv havi~ a minimum unobstrucYed
width of L4 fcet.
11 Space size for new mobile home oarks. Each conventional sinale- ----- Formatted: tndent: ~e~t: 0.75",
wide mobile home shail be ]ocated on a plot/sqace havin¢ an Hanqing: 0.33", Tabs: 1,06", ~eft
area of not less than 3 200 s uare feet and each double-wide ~~ r-ormattea: e~uers and N~mber~ng
~- ~
mobile home shal] be ]ocated. on a olot havine an area of not less
(12) S ace numbers. Each mobile home must have the s ace numbe~
of mobile home oark displa ed cither on the mobile horne or on a
ost located at the front of the s ace.
(13) Parkin . A minimum of two arkin s aces er mobile home wi11
be provided oer KMC 14.20.250.
(14) AIl mobile homes in mobile home arks sh~ll be connected Yo
water and sewer s stems a roved b the State of Alaska
DeDartment of Environmental Conservation before thev mav be
occupied.
----~
.____-_.._ `Deleted:
PASSED BY THE COUNCIL OF THE CI1`Y OF KENAI, ALASKA, this ~ day of _________ _..-- oe~eted: rust.
-
November~2006; . oei~~:,
. .. --..__....... ...._---.__. ._._..._--. _._..._._. ----- --------- -
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Sntroduced: October 17, 200C~} __-- oe~eted• . ~
Adopted: November 21, 2006
Effective: December 21, 2006
j _ ~ N~~~
_ _°~ -~.
~~. ~
~~ t~re ~ity o f ~~
KENA~ SKA
-
„V'l(a9e ~i~ti ~ P~~t, GC°y
210 Fidaigo Avenue, Kenai, Alaska 99611-7794
Teiephone: (907) 283-7535 / Fax: (907) 283-3014
www.ci.kenai.ak.us
MEMORANDUM
Tp: Mayor Porter and the Kenai City Council
FROM: C(~6 Cary R. Graves, City Attorney
DATE: November 15, 2006
RE: Mobile Home Park Ordinance
Attached for your information are mobile home park ordina~ices from the following places:
1. City of Soldotna
2. Matanuska-Susitna Borough
3. City of Palmer
4. City of Seward
5. Municipality of Anchorage
6. Lexington, South Carolina
7. Calamas, Wisconsin
8. Polk County, North Carolina
Feel free to call if you have any questions or would like further informaTiou.
CRG/so
Attachments
17.10.370 Mobile Home Parks. Page 1 c~f 1
CITY OF SOLDOTNA
Ti~Ie 17 ZONlNG
Ctiapter 17.10 S~"JLDCt~ N,~ ZONING GC7J~
17.'[0.37Q ~If~bi9~ hlome Park~.
A. General Design Standards. Mobile home parks shall be subject to the following internal
design, density, open space, and utility requirements:
1) Each conventional single-wide mobile home shall be located on a plot having an area not less
than 3,200 square feet and each double-wide mobile home shall be located on a plot having an
area not less than 4,200 square feet.
2) There shall be a side yard of not Iess than 15 feet at the entry side of each mobile home stand,
a side yard of not less than 8 feet at the non-entry side, a rear yard of not less than 10 feet, and a
front yard of not less than 10 feet.
3) Each street and vehicular parking area in any mobile home park shail be provided with a
tlurable, well-drained, paved, dust-free surface.
4) Minimum internal street widths in mobile home parks shall be as follows:
a. No parking on street: one-way- 14 feet; two-way- 20 feet;
b. Parallel parking on one side: one-way- 20 feet; two-way- 26 feet;
c. Parallei parking on both sides: one-way- 26 feet; two-way- 32 feet; or
d. Mobile home parks over 150' in length shall be: 1) no parking on street, one way- 20 feet; two
way- 20 feet; 2) parallel parking on one side: one way, 26 feet; two way- 32 feet; and 3) parallel
parking on both sides one-way - 26 feet; two-way- 32 feet.
5) No mobile home shall be occupied unless it is adequately supported, anchored, skirted and
connected to utilities.
6) Each mobile home park shall contain one or more specifically designed recreation areas for
the common use of the residents totaling at least 300 square feet per mobile home.
7) Where a mobile home park cannot connect to city sewer or water systems, such onsite
systems shall be approved by appropriate agencies.
B. Relationship to Surrounding Uses. Mobile home parks shail provide screening landscaping in
accordance with Section 17.10.335, F.4, except along a boundary with an adjacent mobile home
park.
1) No mobile home shall be located within 25 feet of any exterior property line of a mobile home
park. (Ord. 692 § 1, 1999)
«preyious ~ next»
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D~cument MATANUSKA-SUSITNA BOROUGH
CHAPTER 17.48: @~MOBILE ~ ~*HOME ~ PARI{ ORDINANCE
Section
Articlel. Eligibility
`s O1 ~3 Applicability
~ h t.2~. Development prohibition
1%~;R U;(3 PTOOf of fmancial ability to complete the project
1?.<6R.(~ =E) Standards
Article II. Procedures for ~Mobile ~~#Home ~$ Park Plais Approval
1 ~.iSQ Ap~lication requirements
` ; k~J Planning eommission review
~ "~.t;~(}. Technical revicw agencies
l~R it~)Q Action of the pianning commission
17 ~;; 0_0 Appeal process
Article III. General Provisions
17.=1H,1 J ~J Defmitions
["~ ;~?_ _?~7 Noi~coiiPorming ~'mobile ~ls~home ~ paxks
77.48.14p ViolaYions and enforoemenY
~ ' -=h 1 ~~. Appeal procedure
ARTICLE L ELIGiBTLITY
17.48A10 APPLICABILITY.
Page 1 of 4
A~'$mobile '#~ ~"hoiiie e~ park may be established in any axea of thc MSB except wl~ere prohibited by zoning ordinances,
pxovided thaY the ~reiobile ~~home ~ park meets the requirements o'f Yhis chapter and is approvod at a publie hearing by the
planning commission, except Yhat ~mobile ~~home ~ parks wiYhin Yhe corporate limits of the cities of Houston, Palmer and
Wasilla are~ subject only to regulations i~ existenee Fox those ciries.
(Ord. 83-63, § 2 (part), 1983)
17.48.020 DEVELOPMENT PROHIBITION.
No person sl~all proceed. with any construction work on the proposed property, including clearing, grading or excavation
relating to improvements, nntil plaiming commission approval of the ~mobile ~~home ~ park plau has been obtained.
(Oxd. 83-63, § 2 (part), 1483)
17.48.030 PROOF ON FTNANCIAL ABILITY TO COMPLETE TAE PRO,TECT.
Arrangement of guaxanteed financing and coii-struction of public recreational facilities and other amenities proposed within
fhe ~~mobile ~~liome ~ park shall be requixed for approval of the ~mobile ~6 ~home °~ park by the planning com~nission
aud prior to beginning of construction.
~o~~a. a3-6s, § z (~art), iyss)
17.48A40 STANDARDS.
(A) A~inobile "~ ~"home ~ park shall have au area of not less than Ywo acres nor more than ten acres. No ~%mobile ~i
~home ~, parking, office or service building shall be closer than 30 feet to a public use area or other property line.
(B) Tndividunl #~mobile ~4 ~hane d~ sites shall have an area of i~of less than 6,000 square feeY per single-wide ~nobile
~!~ ~home ~ and 6,500 square fcet per double-wide ~mobile ~~hoine ~, and the total number of ~1@mobile ~ homes per
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Document Page 2 c;f 4
gross acre will not exceed five.
(C) A minimum of a ten-foot wide buffer, to a maximum of a 25-foot-wide buffer sha11 be provided along the property
boundaries. ~~Mobile #~ ~~home ~8 place-ment shal l be set bacl< ten feef from the internal etige of the buffer. The intent of the
buffer is to provide a vegetated visual transition area between the `~mobile ~~ ~home ^'k6 park and adjacent pxoperties.
(D) A minimum separation of 30 feet betweei~ ~mobile ~i homes, including any attached entrance, lean-to, or other
extension from a+~nobile ~ homes shall be maintaine^d between ~mobile 8~ homes.
(E) A minimum of fwo parking spaces per ~mobile ;"~4 l~liome ~ will be provided.
(F) A fenced area for Yhe storage of boats and other recreational vehicles n~ay be required by the plarming commission in
i~rnoUile d"d ~^°home ~ parks with three or more spaces per acre.
(G) Sufficient opeu space is required fox a common area £or residenYS, such as playground are~s for resident children.
(H) Tl~e locatiou of the ~nobile ~~ahome ~ park shall be compatible with the surrounding land uses and densify of
existing developmenC, Public facilities necessary to serve the ~mobilc ~ i'~hoine ~ park, including roads, urilities, water,
wasEe disposal, recreaYiov, schools and fire protecfion, sliall be shown to be provided or available. No ~mobile ~~6ome ~
park shall be located where tl~e combined acreage o£ all ~nobile $~ ~home 4d parks wiChin a one-mile radius exceeds ten
acres.
(Ord. 90-051, § 2(part), 1990; Oxd. 83-63, § 2(part), 1983)
ARTICLE IT. PROC~DURES FOR ~MOBILE °~4 ~'AOME ~ PARK PLAN APPROVAL
17.48.050 APPLICATION REQUIREM~NTS.
(A) Prior to submitting a formal application to the planning commission, fhe applieanY shall eonfer with the borough
plaimn~g department on the revicw process for the application. An appropriate filin~* fee as esYablished by Yhe asaembly shail
accompany the formal application.
(B) An application for approval of a~~mobile ~ R~home ~ park shall be submiYted to the planning depazt-ment azid shall
uiclude a site plan containiizg the following infoimaCion:
(1) locaYion and size of all ~mobile §~ ~bome ~ sp2ces;
(2) landscaping and buffering areas; ~
(3) utility layouts, including sewer and waYer;
(4) paxking for caxs and recreational vehicles;
(5) loeatious and development and open spaee;
(~ vehicular circulaEion and haffic paCterns;
(7) name of tlie ~6Knobile ~~home ~ park and the name and address of the developer;
(8) existing topography and soils informa-tion;
(9) scale, north arrow, date and general Iocafion map.
(C) The applicacion shall include a legal description of the properiy identifying property dvnensions and total area, and
an affidavit stating fhat the applicant holds connolling interest in the property and describing the ownership interest of fhe
appiicant and all ofher pezsons having an interest in the properCy.
(D) The review process will include a review of the site plan, bYher application material required in MSB t;,~> i)?Ci, and
tlie following infonnation:
(I) Yhe character, design and attracriveness of the proposed ~nobile ~i ~home ~°2 park and its adequacy Co
encourage desirable living conditions, to piovide separation and screening bctween uses where desir-able, and to
preserve the iiatural ainenities of sYxeams and wooded areas;
(2) tl~e adequacy of open space and recrea-tional areas, exisring and proposed, to meet the needs of the
development ~ .
(3) traffic circulation into and through the ~~mobiie ~ U~ffihome ~ paz]<.
(E) The planning director shall review the applieation for completeness and accept ox xeject within ten days of receipY.
(Ord. 90-051, § 2(part), 1990; Ord. 86-47, § 13, 1986; Oxd. 83-79, § 2, 1983; Ord. 83-63, § 2(pait), 1983)
17.48.060 PLANNING COM:VIISSION REVIEW.
Within 30 days after the ~moUile ~# ~home ~ park application has been approved Uy the planning director, the director shall
schedule a public heaz'ing before the planning commission. Any conditions attached to the ~mobile ,°~ ~home ~ park plan,
staff recommendations and teclviical agency ceview eomments will be pxesented to the planning commission.
(Ord 83•63, § 2 (part), 1983}
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I~ocument Page 3 of 4
17.48A80 TECH,NICAL REVIEW AGENCIES.
After the ~mobile ~~home ~ park ptan has received preapplication approval by the planning director, tl~e applicanY or the
applicant's representatzve shall be informed which agencies shall xeceive copies of the plan. The planning department sliall
submit the plan to the agencies to which planned unit deveiopmenfs are referred under MSB 7?,3fi.
(Ord. 83-63, § 2 (parC), 1983)
17.48.090 ACTION OF THE PLANNING COMMISSION
The planning commission shall review the ''~mobilc ~~ ~home ~~ park plan and approve the applicaYion, give condifional
appcoval, or deny the application. Tl~e planning commission shall render its decision and findings in writing; and if its
decision is to deny the applicafion, it shall indicaEe what fhe applicanC might do to make the applicaEion accepfable. If given
conditioual approvat, the applicanC shall submit final plans meoting the eonditions of tl~e planning commission to the
plamiing deparEmeuY wiChin 30 days of such approval.
(Orci. 83-63, § 2 (part), 1983)
17.48100 APPEAL PROCESS.
A decision of the plamiing commission is final unless an appeal is filed within 15 borough business days afrer the
commission's acYion. Appeals shall be conducted undex the provisions af MSB 7;'~,,3,Q as a conditional use.
(Ord. 9~-026, § 2, 1997; IM 96-013, page 1(part~), presented 3-19-96; Ord. 83-63, § 2(part), 1983)
ARTICLG III. G~NERAL PROVISIONS
17.a8.110 DEFINITIONS.
(A) Foc the purpose oP this ehaptex, the following definitions shall apply unless the conYext clearly indicates or rcquires
a different meaning.
(1) `Buffex" means a means of protecYion against negative impacts which provides a physical separaYion or
barrier.
(2) "~Mobi]e ~~liome @6" means a detached s•vigle-family dwelling designed for long-torm human habitarion
and having complete living Pacilities; capable of being transported to a location of use on its own chassis and
wheels; ide~tified by a model number and sexial number by its manufactuxer, and desig~ed prvnaxity fox placement
on a nonpermanent foundarion. Travel trailers are not considered as ~rnobile ~$' homes.
(3) " 9~Mobile ~9 ~home "#$ parks" means any parcel, tract oc lot or portion thereof where space for two or moxe
D~^mobile $~ homes or travel trailers is leased, re~lted or held for rent for occupancy, but noY including autoinoUile or
trailer sales lots on whicla unoccupied 9~mobile ~ homes are parked for inspection and sale or camper parks in
which travel trailers are perniitted for Yemporary occupancy of less than 30 days.
(4) "Travel Crailexs" means a motor veliicle or portable vehiculax stnicture capable of being towed on the
highways by a motor vehicle designed or i~itended for easual or short-term human occupancy for fravel, reczeatio~ial
or vacation uses, ideiitified by a model uumber, serial number or vehicle regisYration numbex, equipped with limited
water storage and other self-contained living faciliYies.
(Ord. 90-051, § 2(pazt), 1990; Ord. 83-63, § 2(part), 1983)
17.48.130 NONCONRORMING $~MOSILE ^~ ~HOME ~4 PARKS.
(A) Within Yhe bocough there may exist ~cnobile ~~home ~ parks as of the date of adopfion of the ordinance codified
in this chaptex, or amendments thereYO which wece lawful befbre the effective date of applicable regulations, Uut which would
od~erwise be prohibited, regulated or restricted Lmder this cl~apter. Such existing nonconforming parks are permitted to
eontinue subjecY to the ~rovisions of this section, but shall noY be expanded except in accordance witl~ this cl~apter.
(B) Nc~thing in this chapfer shall require the relocation ox removal of ~*nnobile ~~home ~ pazks existing or under
construcrion af Yl~e Yime of adoption of the ordinance codified in tl~is cbaptec if such use was lawful aL the time of its
construction. No P~mobile ~;'~"home ~ park shall be constructed or operated except in accordanee with these xegulations,
excepf to the exCenY it was in existence or undex actual construction as oF fhe effective daYe of fhe ordinance codified in this
chapter or amendmenY thereto. "Actual construction" is de&ned as the substantial placement of construction materials and
performance of labor for construction of facilities which cannot reasonably be used except in a manner whicli does not
conform with these regulations.
(C) 9d~Mobile ~~ ~home ~ parks tmdex consfruction ar in existence as of the date of the ordinance codified in this
chapter shall apply fox, and may obtain approval of, the ~tnobile ~~home ~ park wiYhin 120 days oF fhe effecYive date of
the ordiizance codified in Yhis chapter. The planning directc~r shali gxanC approval of the ~nobile ~~:home ~ park if it
complies with the requiremenYS of tl~is chaptex, excepting only Yhose facilities and improvements wliich wese under
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Do~ixment
Page 4 ~f 4
construcTion oc in exisfence prior to t6e effective date of fhc respecrive regularioi~. The ~mobile ~ 9'~home'1~ park sball meef
all other requirements of this chapter which are not in conflict with tlie pre-existing usc or construction.
(D) No existing ~mobile ~~home ~4 park shall be expanded in area or in number of dwelling units permitted unless
the area of expansion meets the requiremeuYS of This chapter. No area of a,~"~°mobile ~ D~home ~ park whicli is abandoned
shall be used as a a4mobile ~ 6~^home ~ park unless it meets fl1e requirements of this chapter. "Abandonment" is defined as a
disconfinuation of use of a~mobile ~~home ~m park or a discrete poxtion or pamel thereof, or the failure to complete
conshuction and begiit use, for a continuous period of'more tl~an one yeax. If abandoned, the Iand shall not thereafter be used
except in confornvty witl~ the xequirements of this chapter.
(Ord. 83-78, § 3, 1983)
17.481A0 VIOLATIONS AND ENFORCFMENT.
Violations and enforcement of this ehapter shall be consistent wiCh fhe terms and provisions of MSB 17;.S,fi.
(Ord. 90-051, § 2(part), 1990: Ord. 83-78, § 4, 1983)
17.48.150 APPEAL PROCEDURE.
Appeals from a decision of the planning director of a zoning enforcemenf acYion sha11 be filed aiid eonducted in accordance
witl~ MSB 1539.
(IM 96-013,~ page I(part), presented 3-19-96; Ord. 84-78, § 5, 1983)
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5.16.120 Standards Page 1 of 1
, CITY OF PALMER
(22 hits)
5.16.120 Standards.
A. A mobile home park shall have an area of not less than two acres nor more than
10 acres. No mobile home, parking, ofFice or service building shail be cioser than
25 feet to a public use area or other property line.
B. Individual mobile home sites shall have an area of not less than 6,000 square
feet per single-wide mobile home and 6,500 square feet per double-wide mobile
home, and the totai number of mobile homes per gross acre will not exceed five.
C. The planting of trees and shrubs or the preservation of existing trees or shrubs
shall be required to the extent needed to provide a buffer to surrounding properties.
Planted vegetation shall be of a sufficient density to provide a substantial visual
barrier between the mobile home park and adjacent properties.
D. A minimum separation of 30 feet between mobile homes, including any attached
entrance, lean-to, or other extensions from mobile homes, shall be maintained.
E. A minimum of two parking spaces per mobile home will be provided.
F. A fenced area for the storage of boats and other recreational vehicles may be
required by the planning and zoning advisory commission in mobile home parks
with three or more spaces per acre.
G. Sufficient open space is required for a common area for residents, such as
playground areas for resident children with a minimum of 300 square feet per site.
(Ord. 275 § 4, 1983)
dtSearch 7.00 (7008)
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Article 3. Mobile Home Parks Page 1 af 3
CITY OF SEWARD
Article 3. Mobile Home Parks
8.15.310. Required facilities.
Only those mobile homes with their own toilet, tub or shower bath and lavatory facilities shall be
allowed in mobile home parks. Ail mobile homes shail meet the state standards for mobile home
construction set forth in Title 45, Chapter 30, Aiaska Statutes, and applicable federal construction
standards. Manufactured homes other than mobile homes may be allowed in mobile home parks
provided they meet setback and other applicable requirements. Mobile homes lacking toilet, tub or
shower bath and lavatory facilities and travel trailers, campers and motor homes shall be allowed in
camper parks only.
(Ord. 522, § 2 (part), 1984)
8.15.315. Mobile home spaces.
(a) Space occupancy. No mobiie home space shall contain more than one mobile home or
dupiex mobile home. No other dweiling unit shail occupy a mobile home space.
(b) Minimum space requirement. All single mobile home spaces shall have a minimum of
3,000 square feet of land area. A duplex mobile home space shali have a minimum of 4,500
square feet of land area.
(c) Mobile home separation. No part of any mobile home, accessory building or its addition
shall be piaced closer than 15 feet from any other mobile home or its addition. Ail mobile homes
and accessory structures shall be placed at least five feet from the front space line.
(d) Access. Each mobile home space shall have direct access to an internal street. Direct
access to exterior pubiic streets shail be discouraged.
(e) Parking. At least one private vehicle off-street parking space shall be provided for each
dwelling unit in the park. Additional common area off-street parking for guests shall be provided
with one parking space for every four mobile home spaces in the park.
(Ord. 522, § 2 (part), 1984)
8.15.320. Electric power.
AII mobile home spaces shali be served by a three-wire 120/240 volt, sixty-amp minimum
service line. The electrical power supply connected to the mobile home shail be in accordance with all
applicabie building safety codes and with the requirements of the utility supplier. Poles supporting
meters and power lines shall be kept in a safe and upright condition (see also section 14.15.345 and
section 14.15.525).
(Ord. 522, § 2 (part), 1984)
8.15.325. Streets, walkways and storm drainage.
(a) Surface. All streets within a mobile home park shall be surfaced with ail-weather materials,
such as gravei, cinders, asphalt, or concrete to a minimum surface width of 34 feet.
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Article 3. Mobile Home Parks
Page 2 of 3
(b) Right-of-way. Any street within a mobile home park that serves one hundred spaces or
more shall be ciassified as a major street. Major streets shall have a minimum right-of-way width
of 50 feet. Ali other streets shall have a minimum right-of-way width of 40 feet. Streets within
mobile home parks are not required to be dedicated as public rights-of-way.
(c) Cul-de-sac streets. No street within a mobile home park shall dead-end except for cul-de-
sac streets which are no more than 650 feet in length and have a minimum turning radius of 50
feet at the termination point of the cul-de-sac.
(d) Intersections. (Vo street within a mobile home park shail extend more than 650 feet in
length between street intersections. Intersecting streets shall cross at ninety-degree angles from
an alignment point one hundred feet from the point of intersection. No street intersection shall
be closer than 125 feet from any other street intersection.
(e) Street frontage. Double frontage spaces are prohibited except that reverse frontage lots
may back against streets bordering the mobile home park.
(f) Streef layouf. Streets shail be laid out so that their use by through traffic will be
discouraged. However, dead-end streets other than cul-de-sacs are not allowed.
(g) Street grades. Street grades shall not exceed six percent. Street grades within one
hundred feet of intersections shall not exceed four percent.
(h) Street curves and visibility. The radius of street curves (between intersections) shall
exceed 100 feet. Streets shall be constructed to provide clear visibility as measured along a
centerline of the street for a minimum distance of 150 feet.
(i) Drainage. All spaces and streets shall be designed to ensure roper drainage. All areas of
the mobile home park shall be designed to prevent the accumulation of standing groundwater.
Q) Crosswalks. Pedestrian crosswalks not less than ten feet in width may be required in biocks
longer than 330 feet when deemed essential to provide reasonable circulation or access to
schools, playgrounds, shopping centers, convenience establishments, service buildings or other
community facilities.
(k) Lighting. All streets shall be lighted at night in such a manner that illumination is equivalent
to that provided on residential streets having medium-density traffic.
(I) Walkways. Walkways not less than two
service buildings. The walkways shall have
and lighted at night.
feet wide shall be provided from spaces or lots to
a stabilized surface, be well marked in the daytime
(Ord. 522, § 2 (part), 1984)
8.15.330. Water and sewage.
All mobile homes in mobile home parks shall be connected to water and sewage systems
approved by the city before they may be occupied (see chapter 14.10, water, and chapter 14.20,
sewage disposal).
(Ord. 522, § 2 (part), 1984)
8.15.335. Additions.
(a) Generally. Additions or other accessory buildings or structures shall not exceed the width
or length of the mobile home to which they may be attached or adjacent. Additions and
accessory buildings shail not exceed the height of the mobile home by more than twelve inches.
All additions and accessory buildings shall be subject to spacing and setback requirements for
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Article 3. Mobile Home Parks
Page 3 ~f 3
mobile homes. Any additional or accessory building shall be constructed in accordance with
building safety code regulations pertaining to temporary structures; provided, that additions will
not be required to have a permanent foundation.
(b) Exits. The number of exterior exits from additions shall be equal to or greater than the
number of exits leading from the mobile home to the addition. All additions exceeding 300
square feet shall be provided with at least two exterior exits. When two exterior exits are
required from additions, they shall be placed a distance apart equal to one-fifth of the total
perimeter of the addition.
(Ord. 522, § 2 (part), 1984)
8.15.340. Refuse.
A mobile home park operator shall provide adequate refuse collection facilities. Refuse
collection facilities shail be constructed and maintained in accordance with all city health and utility
regulations. Refuse shall be removed from refuse collection-sites at least once a week (see chapter
14.05, garbage and refuse).
(Ord. 522, § 2 (part), 1984)
8.15.345. Convenience establishments.
Convenience establishments of a commercial nature, including stores, coin-operated or other
laundry and dry cieaning estabiishments, beauty shops and barbershops may be permitted in mobile
home parks subject to the following restrictions:
(1) Such establishments and the parking area primarily related to their operations shall
not occupy more than ten percent of the area of the park, shail be subordinate to the
residentiai use and character of the park, shail be located, designed and intended to
serve frequent trade or service needs of persons residing in the park, and shall present
no visible evidence of their commercial character from any portion of any district outside
the park.
(2) Such convenience areas shall be considered accessory uses to the principal use of
the mobile home park, may be permitted without a zoning change and shall be
discontinued if the mobile home park is discontinued.
(Ord. 522, § 2 (part), 1984)
8.15.350. Recreational area.
A recreationai area consisting of a minimum of 3,000 square feet for the first fve trailer spaces,
and an additional 3,000 square feet for each additional ten trailer spaces or portion thereof shall be
provided.
(Ord. 522, § 2 (part), 1984)
8.15.355. Construction standards and responsibility.
Complete responsibility for compliance with the standards established by this chapter and for
construction within a mobile home park shall rest with the owner of such park.
(Ord. 522, § 2 (part), 1984)
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C,1lapter 21.70 MOBILE HOME PAP~'°* Pa e 1 of 6
g
iVIUNICIPALITY OF ANCHORAGE
Chapter 21.70 MOBI~E HOME PARKS*
*Cross references: Fines,~ 1~.~~?.t)3~~; standards regarding mobile home parks,S 2°.5C),1~;}; mobile
home construction standards,~,t'1. 23 35.
21.70.010 Definitions.
The following words, terms and phrases, when used in this chapter, shali have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Addition means an enciosed structure of conventionai construction, or a prefabricated enciosed
mobile home unit, attached and appurtenant to a mobile home.
Camper means a portable structure mounted on a truck or truck chassis or a converted hearse,
bus, station wagon or panel truck designed for use as a temporary travel dwelling.
Cul-de-sac means a minor street with a permanent turnaround at its end, which turnaround has
a greater diameter than the width of the right-of-way.
Dead-end street means a right-of-way that terminates without a cul-de-sac or a temporary
turnaround and the terminus of which has the same width as the width of the right-of-way.
Duplex mobile home means a mobile home designed for occupancy by two families and
containing two separate dwelling units. A doublewide mobile home is not a duplex mobile home unless
it contains two separate dwelling units.
Major street means a right-of-way designed to coliect and distribute a heavy volume of traffic,
which, in the case of this chapter, means the traffic generated by 100 or more mobile home spaces.
Minor street means a neighborhood right-of-way designed to carry a small amount of traffic and
to provide access and service to a limited number of mobile home spaces, which, in the case of this
chapter, means less than 100 mobile home spaces.
Mobile home means a detached single-family dwelling unit, regardless of the dimensions of the
dwelling unit, with the following characteristics:
1. Designed for iong-term occupancy and containing sleeping accommodations, a flush
toilet, a tub or showerbath and kitchen facilities, with plumbing and electrical connections
provided for attachment to outside systems.
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21.76.p 1(7_CJefinitfc7~is,_
21 70 020 Ap,~licabi+it~ of cha~~er,
Cliapter 21.70 MOBILE HOME PARKS*
Page 2 Gf 6
2. Designed to be transported, after fabrication on its own wheels, on flatbeds or other
trailers or detachable wheels and ready for occupancy except for minor and incidental
unpacking and assembly operations and connection to utilities.
3. Placed upon impermanent foundations or otherwise so placed as to permit moving of
the unit to another location during its usabie life.
Mobile home park means any parcel or adjacent parcels of land in the same ownership which
are managed for occupancy by more than two mobile homes. The term does not include tourist facilities
for travel trailers or campers.
Permit means the license issued for and allowing the establishment and management of mobile
home parks as defined in this chapter.
Right-of-way means land set aside for the accommodation of traffic movements, whether
dedicated or not.
Space means a defined land area in a mobile home park on which a mobile home may be
placed and which is described by boundary Iines measured in terms of:
1. its depth expressed as a mean distance between the front and rear of the space,
measured in the general direction of the side space lines.
Z. Its width expressed as a mean distance between the side lines of the space,
measured in the general direction of the front and rear space lines.
Travel/trailer means a vehicular portabie structure designed for short-term occupancy as a
temporary dwelling for travel, recreational and vacation uses.
(GAAB 21.20.030; AO No. 85-44)
Cross references: Definitions and rules of construction generaily," 1.CY~ Ck2C3.
21.70.020 Applicability of chapter.
Except as provided inSection 21.70._150, all mobile home parks within the municipality shall be
constructed, operated and maintained in accordance with the standards set forth in this chapter. It shall
be unlawful for any person to own or operate a mobiie home park which does not meet the standards of
this chapter.
(CAC 6.60.020; GAAB 2120.040--21.20.050)
21.70.030 Permit (Repealed).
(CAC 6.60.070; GAAB 21.20.050; AO No. 87-154(S); AO No. 93-186(S), § 2, 2-22-94; AO No. 2004-1,
§ 1, 1-1-03)
21.70.040 Compliance with applicabie regulations.
Mobile home parks shali be constructed, operated and maintained in conformance with all
applicable state and local statutes, ordinances or regulations; provided, however, that the provisions
of!~i~~s~f;,~r 21.55shall not be applied to prohibit the removal and replacement of a mobile home on a
space within a mobile home park subject to that chapter.
(CAC 6.60.050; GAAB 21.20.060; AO No. 85-44; AO No. 87-154(S))
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Chapter 21.70 MOBILE HOME PARKS* Page 3 of 6
21.70.050 Mobile home spaces.
A. Occupancy. No mobile home space shall contain more than one mobile home or duplex
mobile home. No other dwelling unit shall occupy a mobile home space.
B. Minimum size. All single mobile home spaces shall have a minimum of 3,000 square feet of
land area. A duplex mobile home space shall have a minimum of 4,500 square feet of land
area.
C. Mobile home separation. No part of any mobile home, accessory building or its addition
shall be placed closer than 15 feet from any other mobile home or its addition, or no closer than
ten feet if that mobile home, accessory building, or its addition being placed meets NFPA 501A
and HUD #24CFR3280 standards. An accessory building to a mobile home may be placed
closer to that mobile home or its addition. All mobile homes and accessory structures shali be
piaced at Ieast five feet from the front space Iine. The provisions of
Sections21.~~5.Cs;~~and~1.~5,i)7f)shall not apply to mobile home parks. Steps shail not be
considered in determining the separations required by this subsection.
D. Access. Each mobile home space shall have direct access to an internal street. Direct
access to exterior public streets shall be discouraged.
(GAAB 21.20.070, 21.20.100; AO No. 85-44; AO No. 96-50, § 1, 5-28-96)
21.70.060 Electrical power.
Aii mobile home spaces shall be serviced by a 215l230 volt power supply. The electrical power
supply connected to the mobile home shall be in accordance with all applicable building safety codes
and with the requirements of the utility supplier.
(CAC 6.60.080; GAAB 21.20.080)
21.70.070 Streets and drainage facilities.
A. Street surface. All streets within a mobile home park shall be surfaced with ail-weather
materials, such as gravel, cinders, asphait or concrete, to a minimum surface width of 34 feet.
B. Right-of-way width. Any street within a mobile home park that services 100 spaces or more
shall be classified as a major street. Major streets shali have a minimum right-of-way width of 50
feet. All other streets shall have a minimum right-of-way width of 40 feet. Streets within mobile
home parks are not required to be dedicated as public rights-of-way.
C. Cul-de-sac sfreets. No street within a mobile home pa~k shali dead end except for cul-de-
sac streets which are no more than 650 feet in length and have a minimum turning radius of 50
feet at the termination point of the cul-de-sac.
D. Intersections. No street within a mobile home park shall extend more than 650 feet in
length between street intersections. Intersecting streets shall cross at 90-degree angles from an
alignment point 100 feet from the point of intersection. No street intersection shall be closer than
125 feet to any other street intersection.
E. Street frontage. Double-frontage spaces are prohibited, except that reverse-frontage lots
may back against streets bordering the mobile home park.
F. Street layout. Streets shall be laid out so that their use by through traffic will be
discouraged.
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Chapter 21.70 MOBILE HOME PARKS*
Page4cf6
G. Sfreet grades. Street grades shali not exceed six percent. Street grades within 100 feet of
intersections shall not exceed four percent.
H. Street curves and visibility. The radius of street curves (between intersections) shall exceed
100 feet. Streets shall be constructed to provide clear visibility as measured along a centerline
of the street for a minimum distance of 150 feet.
I. Drainage. All spaces and streets shall be designed to ensure proper drainage. Ail areas of
the mobile home park shall be designed to prevent the accumulation of standing groundwater.
J. Crosswalks. Pedestrian crosswalks not less than ten feet in width may be required in blocks
longer than 330 feet when deemed essential to provide reasonabie circulation or access to
schools, playgrounds, shopping centers, convenience establishments, seroice buildings or other
community facilities.
(GAAB 21.20.080)
21.70.080 Water and sewage systems.
Ail mobile homes in mobile home parks shall be connected to water and sewage systems
approved by the municipality before they may be occupied.
(GAAB 21.20.090)
21.70.090 Additions to mobile homes; accessory buildings.
A. Generaily. Additions or other accessory buildings or structures shail not exceed the width or
length of the mobile home to which they may be attached or adjacent. Additions and accessory
buildings shall not exceed the height of the mobile home by more than 12 inches. All additions
and accessory buildings shall be subject to the spacing and setback requirements for mobile
homes. Any addition or accessory building constructed after June 14, 1966, shall be constructed
in accordance with building safety code regulationspertaining to temporary structures, provided
that additions will not be required to have a permanent foundation.
B. Exifs. The number of exterior exits from additions shall be
number of exits leading from the mobile home to the addition
square feet shall be provided with at least two exterior exits.
required from additions, they
perimeter of the addition.
shail be placed a distance apart
(CAC 6.60.110; GAAB 21.20.120)
21.70.100 Refuse collection.
equal to or greater than the
Ail additions exceeding 300
When two exterior exits are
equal to one-fifth of the total
A mobile home park operator shali provide adequate refuse collection facilities. Refuse
coliection facilities shall be constructed and maintained in accordance with ali municipal heaith
regulations and shall be designed to bar animais from access to refuse. Refuse shall be removed from
refuse collection sites at least once a week.
(GAAB 21.20.140)
21.70.110 Fuel tanks.
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Ghapter 21.70 MOBILE HOME PARKS* Page 5 of 6
Fuel oil supply tanks shall be placed underground. Liquefied gas containers shall be securely
anchored to a permanent and stable holding structure or adequately secured to a mobile home.
(GAAB 21.20.150)
21.70.120 Campers and trave9 trailers.
Occupied campers and travel trailers are not subject to Sections21.70.0~~and21.70.0&0. Any
permitted spaces intended for occupied campers and travel trailers shall be placed in an area
segregated from permanent mobile home spaces. Any area within a mobile home park that is occupied
by campers and travel trailers shali be served by a service building containing public toilet facilities and
water supply.
(GAAB 21.20.130)
21.70.130 Convenience estabiishments.
Convenience estabiishments of a commercial nature, including stores, coin-operated laundry
and dry cleaning establishments and laundry and dry cleaning agencies, beauty shops and
barbershops, may be permitted in mobile home parks subject to the following restrictions. Such
establishments and the parking area primarily related to their operations shall not occupy more than ten
percent of the area of the park, shall be subordinate to the residential use and character of the park,
shall be located, designed and intended to serve frequent trade or service needs of persons residing in
the park, and shali present no visible evidence of their commercial character from any portion of any
district outside the park. Such convenience areas shall be considered accessory uses to the principal
use of mobile homes, may be permitted without a zoning change, and shail be discontinued if the
mobile home park is discontinued.
(GAAB 21.20.110)
21.70.140 Responsibility for compliance.
Complete responsibility for standards estabiished by this chapter and for construction within a
mobile home park shall rest with the owner of such park.
(GAAB 21.20.120)
21.70.150 Nonconforming mobile home parks.
A. Those mobile home parks situated within the boundaries of the former City of Anchorage
which existed prior to August 30, 1977, are not subject to Sections21.70.Q5Qand21.7U 070,
provided that such parks meet the standards set forth in the former City of Anchorage Municipal
Code Sections6.~0,;Ci?C~through~a.b(~.'(,1C7.
B. Those mobile home parks situated in any area of the municipality other than that described
in subsection A of this section which existed prior to 1966 are not subject to the requirements of
Sections21.7Q.050,21.70.07Qand21.70.090within the area and to the extent that it was
constructed, operated or maintained prior to that date.
C. Any mobile home park exempt from certain sections of this chapter as provided in
subsections A and B of this section shali conform to all sections of this chapter within any area
first constructed, operated or maintained after the specified date or within any area which is
substantially aitered, remodeled, reconstructed or rebuilt after that date.
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Chapter 21.70 MOBILE HOME PARICS*
(GAAB 21.20.170; AO No. 87-154(S))
Page 6 nf 6
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Chapter 21.50 STANDARDS FOR CONDITIONAL USES AND SITE PLANS* Page 13 of 40
1. Visual enhancement landscaping. Except as provided in subsection 2 of thi
subsection, aii areas not devoted to buiidings, structures, drives, waiks, off-street par g
facilities or other authorized installations shall be planted with visual enhanc ent
landscaping.
2. Buffer landscaping. Buffer landscaping shall be planted along each lot li adjoining
residential district.
E. Pavin , drainage and parking stall size.
1. Th off-street parking area, including all ingress and egress point , shall be paved.
2. Parki spaces shall be at least eight feet by 20 feet in size an shall be marked.
3. If the sitc~plan indicates that surface drainage will be carrie off the site, the plan will
A
The foilowing standards shall app to townhouses, r w houses and office buiidings built to a
common wall (R-O district):
A. Minimum yard requirement Minimu yard requirements are as follows:
1. Front yard: Ten feet.
2. Side yard: At the commo all, none; otherwise five feet.
3. Rear yard: Ten feet.
be subject to t approval of the public works department.
(GAAB 21.05.060.M; AO No. 8 1, 10-1-85)
21.50.110 Conditional use stand (ds--Townhouses, row uses and office buildings
built to a common wall (R-O distri~t).
B. Maximum lot coverage. aximum ~t coverage is the same as is required for
permitted uses in the zoning strict where e site is located.
C. Maximum height of s uctures. Maximu height of structures is the same as is
required for permitted us s in the zoning district here the site is located.
D. Off-street parking Off-street parking requirem nts are as foilows:
1. For to houses and row houses, at I st one parking space shali be
provided r each unit.
2. F office buildings, per use, the minimum s II be as provided imui-,a;~ter
21.'
. Ali parking spaces shall be at least eight feet b 20 feet in size, and all
driveways, maneuvering areas and parking areas shail be aved.
E. andscaping. All areas not devoted to buildings, structures, dr es, walks, off-street
arking facilities or other authorized installations shall be p nted with visuai
enhancement landscaping.
F. Building agreements. A common party wall agreement must be reco ed.
21.05.060.M; AO No. 85-91, 10-1-85)
21.50.120 Conditional use standards obile home parks.
A. Minimum size of site. The minimum size of a proposed mobile home park shall be two
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Chapter 21.50 STANDARDS FOR CONDITIONAL USES AND SITE PLANS* Page 14 of;.40
acres, except as otherwise required for the pertinent use district
B. Traffic access. Proposed sites of five acres or less shall have adequate access to
dedicated streets having a minimum right-of-way of 60 feet. All other sites shall have direct
access to a collector street.
C. Density. Density for proposed mobile home parks shall not exceed eight units per gross
acre.
D. Landscaping
1. Visua! enhancement landscaping. Except as provided in subsection 2 of this
subsection, all areas not devoted to mobile home spaces, buildings, structures, drives,
walks, off-street parking facilities or other instaliations shall be planted with visuai
enhancement landscaping.
2. Screening landscaping. Screening landscaping shall be planted along each
boundary of the mobile home park, except for vehicular and pedestrian ingress and
egress points.
E. Additional standards. Ali mobile home parks shall meet the standards set forth inCh~;A~F:r
2 ~.7t~.
F. Sites in flood hazard district. Ail mobile home parks or mobile home subdivisions of which
all or a portion are within the flood hazard district shall meet the following requirements:
1. Over-the-top ties shaii be provided at each of the four corners of the mobile home,
with two additional ties per side at intermediate locations. Mobile homes more than 50
feet long shall require one additional tie per side (applicable on mobile homes
constructed eariier than 1976).
2. Frame ties shall be provided at each corner of the frame, with five additional ties per
side at intermediate points. Mobile homes more that 50 feet long shall require four
additional ties per side.
3. All components of the anchorage system shall be capable of carrying a force of
4,800 pounds.
4. Any additions to the mobile home shall be similarly anchored.
5. All applications for a conditional use for a mobile home park or mobile home
subdivision shall include an evacuation plan indicating alternate vehicular access and
escape routes during times of flooding.
G. Sites in floodplain. No mobile homes shall be placed within the regulatory floodplain,
except that mobile home parks existing before September 25, 1979, shali be permitted to place
mobile homes within existing unit spaces.
(GAAB 21.05.060.M; AO No. 79-169; AO No. 85-91, 10-1-85)
Cross references: Business licenses and regulations,rit. 1~; mobile home parks,t~Ez. '?~.7U; mobile
home construction standards, Ch.'3.35.
21.50.130 Conaitia~al. use standards--Planned unit d opments.
A. Intent. A planned uni velopment (P is intended to allow flexibility in the zoning
ordinance and to achieve the cre ' o more desirable environment than wouid be possi6le
through a strict application of the z' g ' ance. The planning and zoning commission shall
evaluate the proposed pianned it development i rdance with the following criteria:
1. Creative useyaf the land, imaginative architectural ~as~c n, a consolidation of usable
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GHAPTER 151 MOBILE HOML~ PARKS
Page 1 of 18
LEXINGTON, SOUTH CAROLINA
CNAPTER 151
MOBILE HOME PARKS
Section
Definitions
151.01.0~ Definitions
Administration
151.02.01 Authority
151.02.d2 Applicability
151.Q2.03 General plat information
151.02.04 Procedures for mobile home park approval
151.02.05 Final inspection
151.02.06 Operating permits
Inspection of Mobile Home Parks
151.Q3.p1 Inspection of mobile home parks
Notices, Hearings and Orders
151.04.~1 Notices, hearings and orders
Park Design Standard
151.Oa.01 General
151 05.02 Parking
151,05.d~ Roadways
151.05.Q4 Mobile home lot
151.d5.~5 Mobile home standards
15_1 05.06 Storm drainage, flood control and sediment and erosion control
Water Supply
151,_06,_t~1 General requirements
151.d6.02 Taps
151.06,_d_3 Water distribution system
15.1.06.04 Individual water-riser pipes and connections
151_,06,_D_5_ Disinfection of water system
Sewage Disposal
1_51_,__07..~1 General requirements
151.Q7.02 Individual connections
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CHAPTER 151 MOSILE HOME PARKS
Refuse Disposal
151.(~8.01 Refuse disposal
Insect and Rodent Control
151.09.01. Insect and rodent control
Electricai Distribution System
151.10.Q1 General requirements
151.1C~.02 Powerdistribution lines
__ _ . _
Fuel Supply and Storage
1~1.11_C31_ Natural gas system
151.11.02 Liquified petroleum gas systems
151.1_~.03 Fuel oil supply systems
Fire Protection
151,.12.Q1. Fire protection
Alterations and Additions - Animals and Pets Requirements
151.13.01 Alterations and additions
151.13.02 Animals and pets requirements
Registration of Occupants
151.14.fl1 Registration of occupants
Supervision
151.15.01_ Supervision
Enforcement Interpretation
151.96.01. Enforcement interpretation
Penalties
151.17.01 Penalties
Enactment
151.18.03 Enactment and effective date
DEFINITIONS
Page 2 of,18
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CHAPT~R 151 MOBIL~ HOME PARKS
§ 151.01.01 DEFItdIT10NS.
Page 3 of 18
"Accessory structure" means a detached subordinate building or structure
located on the same site as the mobile home, which it serves.
"Cul-de-sac" means a driveway having one end open to trafFic and the other
end terminated by a vehicular turnaround; a dead-end driveway.
"Health Authority" means an authorized representative ot the Town to
include members of the Building Department, Engineering and Planning, Utility
Department, the Parks, Streets and Sanitation Department, Police, etc., and Health
Officials from the County or State Health Departments.
"Manufactured home" means a si~gle-family dwelling unit fabricated in an
off-site manufacturing facility for installation or assembly at the building site,
bearing a label certifying that it is buiit in compiiance with the Federal Manufactured
Home construction and Safety Standards Act of 1974 (42 U.S.C. § 501), which
became effective June 15, 1976.
"Mobile home" means a movable or portable residential dwelling that was
fabricated in an off-site manufacturing facility, designed to be a permanent
residence, constructed to be towed on its own chassis and designed without a
permanent foundation for long-term occupancy, which includes a double wide or
expandable mobile home as defined below, as well as a portable dwelling
composed of a single unit, which may or may not be in compliance with the Federal
Manufactured Home Construction and Safety Standard Act of 1974. The term
"mobile home" as used in this chapter shall not include prefabricated,
manufactured, modular or unitized dwellings placed on permanent foundations, nor
shall it refer to travel trailers, campers or similar units designed for recreation or
other short term uses. A mobile home may or may not be permanently attached to
the ground, and its transport features may or may not be removed.
(1) Doublewide mobile homes. A"doublewide mobile home" means a
mobile home with two (2) or more units separately towable, but designed to be
joined into one integral unit at the site.
(2) Expandable mobile home. An "expandable mobile home" means a
mobile home with one or more room sections that fold, collapse or telescope into
the principal unit when being transported and which can be expanded at the site to
provide additional living area.
"Mobile home IoY' means that portion of a mobile home park that is reserved
for occupancy by the single mobile home unit and its accessory buildings or
structures and uses.
"Mobile home park" means a development which is designed and
constructed to accommodate mobile homes and meets the requirements of this
chapter, the zoning ordinance, and the land development regulations.
"Modular home" means a prefabricated dwelling, manufactured and
designed off-site and intended for long term residential ~se, arriving at the site
where it is to be erected from more than one section as a site-built structure upon
permanent foundation, and which meets all applicable codes and regulatio~s for
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r
standard dwelling construction and in accordance with the Southern Building
Code and BOCA Basic Building Code.
"PermiY' means a written permit issued by the Health Authority permitting the
mobile home park to operate under these regulations.
"Planning Commission" means the Town of Lexington Planning
Commission.
"Property line" means the platted boundary of a mobile home park.
"Roadway" means a minor private right-of-way used by vehicles and
pedestrians of a mobile home park for access.
"Service building" means a structure housing toilet and bathing facilities,
maintenance equipment or such other facilities as may be allowed by this chapter.
"Sewer connection" means ali pipes, fittings, and appurtenances from the
drain outlet of the mobile home to the inlet of the corresponding sewer riser pipe.
"Sewer riser pipe" means that portion of the sewer lateral which extends
verticaily to or above the ground elevation and terminates at each mobile home
space.
"Tandem parking" means any parking facility when fully occupied denies one
or more vehicles free access to a driveway or street.
"Water connection" means all pipes, fittings and appurtenances from the
water riser pipe to the water inlet pipe of the distribution system within the mobile
home.
"Water-riser pipe" means that portion of the water service pipe which
extends vertically to or above the ground elevation and terminates at a designated
point at each mobile home lot.
"Water-service pipe" means all pipes, fittings, valves and appurtenances
from the water main of the park supply system to the water outlet of the distribution
system witnin the mobile home.
(Ord. 99-012 § 2(Art. 1}, passed 5-5-99)
ADMINISTRATION
§ 151.02.01 AUTHORITY.
Pursuant to the authority conferred by the 1994 "South Carolina l.ocal
Government Comprehensive Planning Enabling Act," S.C. Code §§ 6-29-310
through 6-29-1200, the Town of Lexington does ordain and enact into law the
following articles and sections.
(Ord. 99-012 § 2(§ 2-0), passed 5-5-99)
§ 151.02.02 APP~ICABILITY.
(A) In order to construct, alter or expand a mobile park, a developer must
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secure the appropriate approval for the site plan and construction drawing
from the Planning Commission. The construction drawing must be approved before
a building permit can be issued. The plans must comply with the provisions of §
151.02.03.
(B} Mobile homes as defined in this chapter are not permitted. Manufactured
homes as defined in this chapter are only allowed in mobile home parks.
(Ord. 99-012 § 2(§ 2-1), passed 5-5-99; Ord. 2003-05 § 1, passed 2-3-03)
§ 151.02.03 GENERAL PLAT INFORMATION.
(A) A plat of the property drawn to a scale of at least one hundred feet (100')
to one inch (1").
(B) The location of the parcel of land with respect to adjacent roads or
streets.
(C) The shape, dimensions and locations of all buildings, existing and
proposed, on such parcel.
(D) Topography of the site by contours or vertical intervals of not more than
five feet (5').
(E) The location and dimensions of atl-street parking and loading spaces and
the means of ingress and egress to and from such spaces.
(F) The location and size of all proposed utilities and storm drainage
facilities.
(G) Such other information as the Planning Commission deem necessary
because of the physical characteristics peculiar to the particular development.
(H) Vicinity map of property in relationship to all roads within three (3) miles
at a scale of one inch (1 ") equals one mile.
(Ord. 99-012 § 2(§ 2-2), passed 5-5-99}
§ 151.02.04 PROCEDURES FOR MOBILE HOME PARK APPROVAL.
(A) Site Pian.
(1) The developer shall submit three (3) copies of a site plan to the
stafF of the Planning Commission for review and approval. The staff shall make a
recommendation to Planning Commission to approve or disapprove the site plan
within thirty (30) days.
(2) The plan shall be presented to the Planning Commission at its
next regularly scheduled meeting after the staff completes its review. The Planning
Commission shall review and approve, disapprove, or approve with modifications
the site plan at the meeting at which it is presented. Pertinent comments and
recommendations shall be noted in the minutes of the Planning Commission
meeting.
(3) If the staff of the Planning Commission faiis to act within thirty (30)
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days after submission of the site plan, the staff must inform the
developer of the date on which the action shall be taken.
(B) Construction Drawings.
(1) The developer shall submit five (5) copies of the construction
drawings along with the necessary supporting data to the staff of the Planning
Commission.
(2) Upon determination that the construction drawings conform to the
approved site plan, the staff shall submit one copy of these pians to the following
agencies (as appropriate) for review and approval:
(a) Director of Engineering and Planning;
(b) Department of Health and Environmental Control (DHEC);
(c) Director of Utilities;
(d) Director of Parks, Streets and Sanitation;
(e) Building Officiai/Zoning Administrator.
(3) Upon receipt of the reports from the above agencies, the staff of
the Planning Commissio~ shall approve, disapprove or approve with modifications
the construction drawings within thirty (30) days after submission of the plans.
(4) If the construction drawings are disapproved by the staff or if the
staff requires changes with which the developer does not concur, the developer
may submit the construction drawings to fhe P(anning Commission at its next
regular meeting. The Planning Commission shall review and approve, disapprove
or approve with modifications the construction drawings at the next regular meeting
at which it is presented. Pertinent comments and recommendations shall be noted
in the minutes of the Planning Commission.
{5) If the staff of the Planning Commission fails to act within thirty (30)
days after submission of the construction drawings, the plans shall be automatically
approved and a certificate to that effect shall be issued by the Planning
Commission upon demand.
(6) The Planning Commission shall not act to override the
requirements of other agencies. The Commission may seek to bring agreement in
cases of conflict between the various reviewing agencies and the developer.
(7) It is the developer's responsibility to obtain all State and Federal
permits. Copies of these permits must be furnished to the staff of the Pianning
Commission. The thirty (30) day limit shail not begin until such permits are
received.
(Ord. 99-012 § 2(§ 2-3), passed 5-5-99)
§ 151A2.05 FINAL INSPECTION.
Finai inspection of the mobile home park for conformance with the approved
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plat shall be conducted by the Health Authority prior to issuing an operating
permit.
(Ord. 99-012 § 2(§ 2-4), passed 5-5-99)
§ 151.02.06 OPERATING PERMITS.
(A) It is unlawful for any person to maintain or operate any mobile home park
within the Town of Lexington unless a valid permit has been issued by the Health
Authority in the name of such person for the specific mobile home park. No permit
shall be transferable from one Iocation to another, or one person to another, Every
person holding such permit shail give notice in writing to the Health Authority within
twenty-four (24) hours after having sold, transferred, given away or otherwise
disposed of interest in or control of any mobile home park. Such notice shall inciude
that name and address of the person succeeding to the ownership or control of
such mobile home park.
(B) Application for original permits shall be in tripiicate on forms provided by
the Health Authority, signed by the applicant, and shall contain the foilowing:
(1) Tne name and address of the applicant;
(2) The interest of the applicant in, and the location and legal
description of the mobile home park;
(3) A complete plan of the mobile home park, showing compliance
with all applicable provisions of these regulations;
(4) Such further information as may be requested by the Health
Authority to enable it to determine that the proposed mobile home park will comply
with legal requirements.
(C) Operating permits shall be renewed annualiy. Application for renewal of
a permit shall be in writing by the holder of the permit to be renewed and shall
contain the following:
(1) Name and address of the applicant;
(2) Name and address of the mobile home park; and
(3) Any change in the information submitted since the original permit
was issued or the last renewal granted.
(D) Any person whose application for a permit under these regulations has
been denied may request and shall be granted a hearing on the matter before the
Health Authority under the procedure provided by § 15.9.04.01 of these regulations.
(E) Whenever, upon inspection of any mobile home park, the Health
Authority finds that conditions or practices exist which are in violation of any
provision of these regulations, the Health Authority shall give notice in writing in
accordance with § 151,04.01(A) to the owner or agent that unless such conditions
or practices are corrected within a reasonable period of time specified in the notice
by the Health Authority, the permit will be suspended. At the end of such period, the
Health Authority shall reinspect such mobiie home park and, if such conditions or
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practices have not been corrected, he snall suspend the permit and give
notice in writing of such suspension to the owner or agent. Upon receipt of notice of
suspension, such person shall cease operation of such mobile home park.
(F) Any person whose permit has been suspended; or who has received
notice from the Health Authority that the permit will be suspended unless certain
conditions or practices at the mobile home park are corrected, may request and
shall be granted a hearing on this matter before the Health Authority, under the
procedure provided by § 151_,04.01 of these regulations. Provided; that when no
petition for such a hearing shall have been filed within ten (10) days following the
day on which notice of suspension was served, such permit shall be deemed to
have been automatically revoked at the expiration of such ten (10) day period.
(Ord. 99-012 § 2(§ 2-5), passed 5-5-99)
INSPECTION OF MOBI~E HOME PARKS
§ 151.03.01 INSPECTION OF MOBIL.E HOME PARKS.
(A) The Health Authority is authorized to make inspections to determine the
condition of mobile home parks located within the Town of Lexington, in order that it
may perform the duty of safeguarding the health and safety of occupants of mobile
home parks and of the general public.
(B) The Nealth Authority shall have the power to enter at reasonable times
upon any private or public property for the purpose of inspecting and investigati~g
conditions relating to the enforcement of these regulations.
(C) It shall be the duty of every occupant in a mobile home park to give the
owner thereof or his agent or employee access to any part of such mobile home
park, or premises at reasonabie times for the purpose of making such repairs or
alterations as are necessary to effect compliance with these regulations, or with
any lawful order issued pursuant to the provision of these regulations.
(Ord. 99-012 § 2(Art. 3), passed 5-5-99)
NOTICES, HEARINGS AND ORDERS
§ 151.04.01 NOTICES, HEARINGS AND ORDERS.
(A) Whenever the Health Authority determines that there are reasonable
grounds to believe that there has been a violation of any provision of these
regulations, it shall give notice of such alleged violation to the owner or agent of the
park, as hereinafter provided.
(1) Such notice shall:
(a) Be in writing;
(b) Include a statement of the reasons for the issuance;
(c) AIIow a reasonable time for the performance of any act it
requires;
(d) Be served upon the owner or his agent as the case may
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require; provided, that such notice or order shali be deemed to
have been properly served upon such owner or agent when a copy of the
inspection report form or other notice has been delivered personally to the permit
hoider or person in charge or such notice has been sent by registered mail to his
last known address; or when he has been served with such notice by any other
method authorized or required by the laws of this State; and
(e) Contain an outline of remedial action, which if taken, will
effect compliance with the provisions of these regulations.
(B) Any person affected by any notic2 which has been issued in connection
with the enforcement of any provision of these regulations may request and shall
be granted a hearing on the manner before the Health Authority, provided, that
such person shall file in the office of the Health Authority a written petition
requesting such hearing and setting forth a brief statement of the grounds thereof.
Upon receipt of such petition, the Health Authority shali set a time and place for
such hearing, and shall give the petitioner written notice thereof. At such hearing,
the petitioner shall be given an opportunity to be heard and to show why such
notice should be modified or withdrawn. The hearing shali be commenced no later
than ten (10) days after the day on which the petition was filed; provided, that upon
appiication of the petitioner, the Health Authority may postpone the date of the
hearing for a reasonable time beyond such ten (10) day period when in its
judgment the petitioner has submitted good and sufficient reasons for such
postponement.
(C) After such hearing, the Health Authority shall make findings as to
compliance with the provisions of these regulations and shall issue an order in
writing sustaining, modifying or withdrawing the notice which shall be served as
provided in § 151.04.01(A)(1)(d}. Upon failure to comply with any order s~staining
or modifying a notice, the permit of the mobile home park affected by the order may
be revoked. Revoked permits may not be reissued but a new permit may be issued,
if all requirements of these regulations are met.
(D) The proceedings of such a hearing, including the findings and decision of
the Health Authority, and together with a copy of every notice and order related
thereto shall be entered as a matter of public record in the office of the Health
Authority.
(E) Whenever the Health Authority finds that an emergency exists, which
requires immediate action to protect the public health, it may, without notice or
hearing, issue an order citing the existence of such an emergency and requiring
that action be taken as may be deemed necessary to meet the emergency
including the suspension of the permit. Notwithstanding any other provisions of
these regulations, such order shall be effective immediately, Any person to whom
such an order is directed shail comply therewith immediately, but upon petition to
the Health Authority, shall be afforded a hearing as provided in subsection (B) of
this section. The provisions of subsections (C) and (D) of this section shall be
applicable to such hearing and the order issued thereafter.
(Ord. 99-012 § 2(Arf. 5), passed 5-5-99}
PARK DESIGN STANDARDS
§ 151.05.01 GENERAL.
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(A) The minimum area for a mobile home park shall be ten (10) acres.
(B) The maximum density shall be four (4) mobile homes per acre.
(C) A mobile home park or additions to mobile home parks shall be located
on a well-drained site.
(D) All mobile homes and all buildings or structures within a mobile home
park shall have a minimum setback of thirty feet (30') from any public right-of-way
or from ad joining property. Side and rear setbacks may not be used for roadways,
parking or any other accessory purpose to include the positioning of dumpsters or
individual refuse containers.
(E} A mobile home park shall be effectively screened along the front, sides
and near property lines. Screening may be a planting of evergreen trees or shrubs
designed to reach a height of six feet (6') and a depth of four feet (4') within two (2)
years from planting. Screening may also be a masonry wall at least six feet (6') in
height. Such wall must be set back at least five feef (5'} from any public right-of
way. The five feet (5') between the wall and the right-of-way shall be improved with
the planting of grass, shrubs and trees. All screening must meet the requirements
for vision ciearance in the zoning ordinance for the Town of Lexington.
(F) Permanent signs displaying no information other than the name of a
mobile home park shall not exceed fifty (50) square feet in display area. No more
than one sign shail be permitted along each public road frontage, which has an
entrance to the park. Such a sign shali not exceed a height of four feet (4'), if
located within a required setback, or six feet W), if located elsewhere. Such signs
shail not be permitted within the required sight area. Any sign dividing the entrance
to a mobile home park into separate traffic Ianes shall be a minimum of ten feet
(10') from the public right-of-way.
(G) All new mobile home parks shall reserve and develop a minimum of ten
percent (10°/o) of its land area for recreational purposes.
(H) No recreational area shall be less than three hundred (300) square feet
in area.
(I) In order to expand an existing park, a recreation area equal to ten percent
(10%) of the gross park area (existing plus proposed area) must be provided within
the park boundary.
(J) A park office, laundrornat, maintenance buildings and recreation facilities
are permitted in the mobile home park for the convenience of the park occupants.
(K) All wiring for teiephone, electricity or cable TV shall be underground.
(Ord. 99-012 § 2(§ 5-1), passed 5-5-99)
§ 151.05.02 PARKING.
(A) A minimum of two (2) parking spaces shall be provided for each mobile
home. Parking spaces shall be within three hundred feet (300') of the mobile home.
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(B) Tandem parking, which prevents egress, is prohibited.
(C) Parking spaces will be paved, properly marked and lighted.
(D) Concrete curbs and other appropriate car stops shall be installed at the
end of all "head-in'° parking bays which are not "drive-through" type.
(Ord. 99-012 § 2(§ 5-2), passed 5-5-99)
§ 151.05.03 ROADWAYS.
(A) Roadways shall have a minimum travel width of twenty feet (20')
exclusive of parking.
(B) All roadways shall be paved with an all-weather surface.
(C) No entrylexit to a mobile home park shall be located closer than one
hundred feet (100') to any public intersection.
(D) The number of entrances and/or exits shali not exceed the ratio of one
per one hundred fifty feet (150') of park frontage. Parks with less than one hundred
fifty feet (150') frontage are allowed only one combination ingress and egress road.
(E) Roadway intersections with mobile home parks shall be at least one
hundred fifty feet (150') apart and no greater than one thousand feet (1,000') apart.
(F) All roadway intersections shall be provided with a streetlight.
(G) All dead-end roadways shali terminate in a"cul-de-sac" with a minimum
turning radius of forty feet (40'), exclusive of parking.
(Ord. 99-012 § 2(§ 5-3), passed 5-5-99)
§ 151.05.04 MOBILE HOME LOT.
(A) All mobile home lots shall front upon a roadway.
(B) All mobile home lots shall have a minimum area of five thousand (5,000)
square feet and shall be a minimum of forty feet (40') wide at its frontage.
(C) A mobile home, including decks and other additions, shall not cover
more than twenty-five percent (25%) of the lot on which it stands.
(D) There shall be a minimum of twenty feet (20') separation between
individual mobile homes, and between individual mobile homes and any other
building or structure. Decks and other additions shall not encroach into this clear
space.
(E) Each mobile home shall be placed on a concrete or asphalt pad at least
four inches (4") thick.
(F) Mobile homes are required to connect to all utilities, except gas and
telephone.
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(Ord. 99-012 § 2(§ 5-4), passed 5-5-99)
§ 151.05.05 MOBILE HOME STANDARDS.
(A) Each mobile home must meet the National Manufactured Home
Construction and Safety Standards and must display a seal certifying that it was
built in accordance with the standards.
(B) A building permit is required prior to the placement or replacement of a
mobile home in the mobile home park.
(C) AII mobile homes must be provided with a skirting from the bottom of the
mobile home floor to the ground. Skirting must be suitable for outdoor exposure
and contact with the ground. The area enclosed by skirting may not be used for
storage and must be kept free of debris at all times.
(D) All entrances to a mobile home shail be provided with permanent steps
of precast concrete, properly laid, and cemented bricks or treated lumber. The
entrance to an attached deck or similar extension shall be considered as an
entrance to a mobile home.
(E) All mobile homes must be provided with anchors and tie downs to meet
the requirements of the Department of Housing and Urban Development.
(F) If piers are used to provide stability to a mobile home they must meet the
requirement of the current edition of the Iocal building code.
(G) Additions to a mobile home may not use the mobile home for structural
support. Additions must meet the current provisions of the local building code.
(Ord. 99-012 § 2(§ 5-5), passed 5-5-99)
§ 151.05.06 STORM DRAINAGE, FLOOD CONTROL AND SEDIMENT AND
EROSION CONTROL.
Mobile home parks must compiy with the provisions of the storm drainage,
the flood control and the sediment and erosion control ordinances of the Town of
Lexington.
(Ord. 99-012 § 2(§ 5-8), passed 5-5-99)
WATER SUPPLY
§ 151.06.01 GENERAL REQUIREMENTS.
Mobile home parks shall be connected to the Town's pubiic water supply
system. The developer of a park shall be responsibie for the installation of lines to
connect the system. All lines should meet the requirements of the S.C. Department
of Health and Environmental Control and the Town of Lexington.
(Ord. 99-012 § 2(§ 6-1), passed 5-5-99)
§ 151.06.02 TAPS.
(A) Water systems for mobile home parks in which the mobile homes are
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intended primarily for rental shall be connected to a master meter at or near
the entrance of tne park. Parks in which mobile homes are primarily intended for
individual ownership shall be provided with individual meters at the front of each Iot
on common property. Mobile home parks which change from primarily individual to
rental shaii be required to instali a master meter and to pay a new tap fee at the
then prevailing rate based upon the site of the master meter required. The
individual meters shall be removed at the owner's expense and shall be returned to
the Town of Lexington.
(B} Each mobile home shall be considered as a separate water tap requiring
the payment of a separate tap fee. Each mobile home shall pay the water
contribution fee.
(Ord. 99-012 § 2(§ 6-2), passed 5-5-99)
§ 151.06.03 WATER DISTRIBUTION SYSTEM.
(A) All water piping, fixtures and other equipment shail be constructed and
maintained in accordance with state and local regulations.
(B) The water piping system shail not be connected with not-potable or
questionable water supplies and shall be protected against the hazards of backflow
or back-siphonage. Ail plastic pipe must bear the NSF seal of approval.
(C) The mobile home park water system shall be adequate to provide a
minimum of twenty (20) pounds per square inch of pressure at ail service buildings
and mobile home connections.
(D) Where drinking fountains are provided for public use, they shall be of a
type and in locations approved by the Health Authority.
(Ord. 99-012 § 2(§ 6-3), passed 5-5-99)
§ 151.06.04 INDIVIDUAL. WATER-RISER PIPES AND CONNECTIONS.
(A) Individual water-riser pipes shall be located within the confined area of
the mobile home stand at a point where the water connection will approximate a
vertical position, thereby insuring the shortest water connection possible and
decreasing susceptibility to water pipe freezing.
(B) The water-riser pipe shall have a minimum inside diameter of three-
fourths inches (3/4") terminating at least four inches (4") above the ground surface,
with two (2) three-fourths-inch (3/4") valved outlets. The outlets shall be threaded
so that a connection can be made from one outlet to the mobile home water piping
system and the other connection can serve as an outside connection.
(C) Adequate provisions shall be made to prevent freezing of service lines,
valves and riser pipe, and to protect risers from heaving and thawing actions of
grounds during freezing weather. Surface drainage shall be diverted from the
location of the riser pipe. Individual service connections shall be constructed as to
protect the line from infiltration by ground water.
(D) A shut-off valve below the frost line shali be provided near the water-riser
pipe of each mobile home lot. Underground stop-and-waste-cocks shall be installed
on any connection.
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(Ord. 99-012 § 2(§ 6-4), passed 5-5-99)
§ 151.06.05 DISINFECTION OF WATER SYSTEM.
All water systems shall be disinfected and analyzed in accordance with
South Carolina State Department of Health and Environmental Control
requirements before use for domestic purposes.
(Ord. 99-012 § 2(§ 6-5), passed 5-5-99}
SEWAGE DISPOSA~
§ 151.07.01 GENERAL REQUIREMENTS.
Mobile home parks shall be connected to the public sewer system. The
construction of lines and appurtenances to make a connection to the existing lines
of the Town of Lexington shall be at the expense of the park developer. AII sewer
lines must be constructed in accordance with S.C. Department of Health and
Environmental Control requirements and the provisions of the Town's coordination
guidelines.
(Ord. 99-012 § 2(§ 7-1), passed 5-5-99)
§ 151.07.02 INDIVIDUAL CONNECTIONS.
(A) Each mobile home shall be considered a separate tap for the purpose of
calculating tap fees. Each mobile home shall be required to pay a sewer
contribution fee. Parks with a master water meter shall be charged at the
commercial rate. Parks with individual meters shall be charged at the residential
rate. Each mobile home lot shall be provided with at least a four-inch (4") nominal
diameter sewer-riser pipe. The sewer-riser pipe shal! be located on each stand that
the provisions of subsection (B) of this section can be met.
(B) The sewer connection (see § 151,01.01) shall have a nominai size of
four inches (4"}, and the slope of any portion thereof shall be at least one-fourth
inch (1/4") per foot. The sewer connection shall be provided with suitabie fittings, so
that watertight and gas tight connections can be made between the mobile home
drain, the sewer co~nection and the sewer-riser. Taped connections are not
acceptable.
(C) All materials used for sewer connections shall be semi-rigid or rigid
corrosive resistant, nonabsorbent and durable. The inner surFace shall be smooth.
(D) Provisions shall be made for capping the sewer-riser pipe in a gas-tight
manner when a mobile home does not occupy the lot. Surface drainage shall be
diverted away from the riser. The rim of the riser pipe shall extend at least four
inches (4") above the ground elevation.
(Ord. 99-012 § 2(§ 7-2), passed 5-5-99)
REFUSE DISPOSAL
§ 151.08.01 REFUSE DISPOSAL.
(A) The storage, collection and disposal of refuse in the mobile home park
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CHAPTER 151 MOBILE HOME PARKS
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shall be so arranged as to create no health hazards, rodent harborage,
insect-breeding areas, accident or fire hazards or air pollution.
(B) All refuse shall be stored in flytight, watertight, rodent proof containers,
which snall be located not more than one hundred fifty feet (150') from any mobile
home space. Bf pick up by the Town's Sanitation Department is desired, the park
owner must provide dumpsters meeting Town specifications and located in such a
manner as to aliow the Town's sanitation vehicle easy access. Dumpsters must be
placed on a concrete pad.
(C) Racks or holders shall be provided for all individual refuse containers.
Such container racks or holders shall be designed as to prevent containers from
being tipped, to minimize spillage and container deterioration, and to facilitate
cleaning around them. No wooden racks will be allowed in newly constructed
mobile homes.
(D) If a private sanitation service is used, refuse must be collected and
removed at least twice per week.
(Ord. 99-012 § 2(Art. 8), passed 5-5-99)
INSECT AND RODENT CONTROL
§ 151.09.01 INSECT AND RODENT CONTROL
(A) Insect and rodent control measures to safeguard the pubiic health as
required by the Heaith Authority shall be applied to the mobiie home park.
(B) The Health Authority may require the mobile home park operator to take
suitable measures to control other insects, obnoxious weeds and rank vegetation.
(C) Accumulations of debris, which may provide harborage for rodents, shali
not be permitted in the mobile home park.
(D) When rats or other objectionable rodents are known to be in the mobile
home park, the park operator shall take definite action, as directed by the Health
Authority to examine them.
(Ord. 99-012 § 2(Art. 9), passed 5-5-99)
ELECTRICAL DISTRIBUTION SYSTEM
§ 151.10.01 GENERAL REQUIREMENTS.
The electricai distribution system shali comply with the National Electric
Code (current edition).
(Ord. 99-012 § 2(§ 10-1), passed 5-5-99)
§ 151.10.02 POWER DISTRBBUTION ~INES.
(A) All power lines shall be underground.
(B) AII direct burial conductors or cable shall be buried at least eighteen
inches (18") below the ground surface and shall be insulated and specifically
designed for the purpose. Such conductors shali be located not less than one foot
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CHAPTER 151 MOBILE HOME PARKS Page 16 of,18
(1') radial from water, sewer, gas or communication lines.
(Ord. 99-012 § 2(§ 10-2), passed 5-5-99}
FUEL SUPPL.Y AND STORAGE
§ 151.11.01 NATURAL GAS SYSTEM.
(A) Natural gas piping systems when installed in mobile home parks shall be
maintained in conformity with accepted engineering practices.
(B) Each mobile home lot provided with piped gas shall have an approved
shut-off valve installed upstream of the gas outlet. The outlet shall be equipped with
an approved cap to prevent accidental discharge of gas when the outlet is not in
use.
(Ord. 99-012 § 2(§ 11-1), passed 5-5-99)
§ 151.11.02 ~IQUEFIED PETROLEUM GAS SYSTEMS.
Liquefied petroleum gas systems provided for mobile homes, service
buiidings or other structures when installed shall be maintained in conformity with
the rules and regulations of the authority having jurisdiction and shall include the
following:
(A) Systems shall be provided with safety devices to relieve excessive
pressures and shall be arranged so that the discharge terminates at a safe location.
(B) Systems have at least one accessible means for shutting off gas. Such
means shall be located outside the mobile home and shall be maintained in
effective operating conditions.
(C) All LPG piping outside the mobile homes shall be well supported and
protected against mechanical injury. Undiluted liquefied petroleum gas in liquid
form shall not be conveyed through piping equipment and systems in mobile
homes.
(D) Vessels of more than twelve (12) and less than sixty (60) U.S. gailons
gross capacity may be instailed on a mobile home lot and shall be securely but not
permanently fastened to prevent accidental overturning.
(E) No ~PG vessei shall be stored or located inside or beneath any storage
cabinet, carport, mobile home or any other structure unless such installations are
specifically approved by the authority having jurisdiction.
(Ord. 99-012 § 2(§ 11-2), passed 5-5-99)
§ 151.11.03 FUEL OIL SUPPLY SYSTEMS.
The storage of fuel oil in containers exceeding five (5) gallon capacity is
prohibited. Only one such container shall be permitted per mobile home.
(Ord. 99-012 § 2(§ 11-3), passed 5-5-99)
FIRE PROTECTION
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CHAPTER 151 MOBILE HOME PARKS
§ 151.12.01 FIRE PROTECTION.
Page 17 of 18
(A) The mobiie home park area snall be subject to the rules and regulations
of the State and Iocal fire prevention authority.
(B) Mobile home park areas shall be kept free of litter, rubbish and other
flammable material.
(Ord. 99-012 § 2(Art. 12), passed 5-5-99)
ALTERATIONS AND ADDITIONS--ANIMALS AND PETS 12EQUIREMENTS
§ 151.13.01 ALTERATIONS AND ADDITIONS.
(A) All plumbing and electrical alterations or repairs in the mobile home
parks shall be made in accordance with applicable local regulations.
(B) No permanent additions shall be built onto or become a part of any
mobile home uniess they are constructed in accordance with the local, state and
federal building codes and ali provisions of this chapter. A building permit must be
obtained prior to the initiation of the construction.
(Ord. 99-012 § 2(§§ 13-1, 13-2), passed 5-5-99)
§ 151.13.02 ANIMALS AND PETS REQUIREMENTS.
(A) Pet animals must be inoculated against rabies in accordance with the
State Department of Health and Environmental Control.
(B) Pets and animals may not run at large and must be either confined or
kept on a leash and shall comply with other Town ordinances regulating dogs, pets
and animals.
(Ord. 99-012 § 2(§§ 13-3, 13-4), passed 5-5-99)
REGISTRATION OF OCCUPANTS
§ 151.14.01 REGISTRATION OF OCCUPANTS.
Every mobile home park owner or operator shall maintain a register
containing a record of all mobile homes and occupants using the mobile home
park. Such register shall be available to any authorized person inspecting the park,
and shall be preserved for the period required by the Health Authority. Such
register shall contain the names and addresses of alI mobile home occupants
residing in the park.
(Ord. 99-012 § 2(§ 14-1), passed 5-5-99)
SUPERVISION
§ 151.15.01 SUPEFtVISION.
The person to whom a permit for a mobile home park is issued shall at all
times operate the park in compiiance with these regulations, and shall provide
adequate supervision to maintain the park, its facilities and equipment in good
repair and i~ a clean and sanitary condition at all times.
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CI-IAPTER 151 MOBILE HOME PARKS Page 18 of,18
(Ord. 99-012 § 2(§ 15-1), passed 5-5-99)
ENFORCEMENTINTERPRETATION
§ 151.16.01 EiVFORCEMENT INTERPRETATION.
(A) Whenever the provisions of this chapter impose regulations that are in
conflict with those of other Town ordinances, other governmental agencies, or
privately executed restrictions, the more restrictive shall apply. The same shall be
true if there is a conflict between provisions within the body of this chapter.
(B) Should any article, section, clause or provision of this chapter be
declared by a court of competent jurisdiction to be unconstitutional or invalid, such
decision shall not affect the validity of the chapter as a whole or any other article,
section, clause or provision of this chapter.
(Ord. 99-012 § 2(Art. 16), passed 5-5-99)
PENALTIES
§ 151.17.01 PENALTIES.
Violations of this chapter shall be considered a misdemeanor under the laws
of the State of South Carolina. Each day a violation exists shall be considered a
separate offense.
(Ord. 99-012 § 2(§ 17-1), passed 5-5-99)
ENACTMENT
§ 151.18.01 ENACTMENT AND EFFECTIVE DATE.
This regulation shall become effective on April 5, 1999. If any section,
clause, provision or portion of these regulations shall be held to be invalid or
unconstitutionai by any court of competent jurisdiction, such holding shall not affect
any other section, subsection, clause, provision or portion of these regulations
which is not invalid or unconstitutional.
(Ord. 99-012 § 2(§ 18-1), passed 5-5-99)
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CALAMAS, WISCONSIN
Town of Calamus
Mobile Home Ordinance
6-2001
Section 1 Purpose ~
Section 2 De£initions
Section 3 Mobile Home Parks I,iceuse and Applicatiou
Section 4 Inspection and Enforcement ~
Section 5 ~~Vlobile Home Park Standards
Section 6 Mobile Home Replacement
Sectioi~ 7 Accessory Struchires
Section 8 Waste and Garbage Disposal
Secrion 9 Limitations on number of Occupants ~
Section 10 Management
Section 1 I Responsibilities and duties of Park Occupants
Section 12 Monthly Parking Fee
Section 13 Additional Regulations on Mobile Homes and Mobite Home Parks
Section 14 Compliance with Plumbing, Electrical, and Buildiug Codes
Section 15 Revocation or Suspension
Section 16 Penalties for Violation of Mobile Home Ordinance
SecTion 17 SeparabilityofProvisions
Section 18 Fffective Date
Seetion 1 PurPose
Whereas, the Town Board recognizes that mobile home parlcs allow for effective,
afPordable housing for the citizens ofthe Town of Calamus, said Board also
reco~nizes that mobile home parks, by virtue of persons living in very close
proximity to eaeh other, creates unique concerns re~azding safety and health of all of
the occupants. Therefore, the Town Board enacTS this ordinvzce enforcing minimum
scandards for mobile home parks to promoYe the public health, safety, and welfare;
establishing requirements for design, consYrucrion, alteration, ea~tension and
maintenanae of mobile home parks and related utilities and facilities; authorizing the
issuance of ~ermits for eonstruction, alteration and extension of mobile home parks;
authorizing the inspection of mobile homc parks; regulating the (ocation of mobile
home; fixing penalTies for violations, consistenY with 66.0435 and 66.058 of the
Wisconsin State SYatutes.
Section 2 Definitions
Whenever used in this ordinance, unless a different meaning appears from the
context:
1. "Licensee" means any person licensed to operate and maintain a mobile home
park under this seetion.
2. "Lieensing Authority" means the Town Board of the Town of Calamus.
3. "Park" means mobiLe home park.
4. "Person" means any natural individual, firm, trusY, partnership, association or
corporation.
5. "Mobile Home" is a vehicle manufactured or assembled prior to June 15,
1976, designed t'o be towed as a single unit or iu sections on the highway by a
rnotor vehicle and equipped and used, or intended to be used, primarily for
human habitation, with walls of rigid collapsible construction; which has as
overall lengtl~ in excess of 45 feet. Within mobile home parks, "mobile home"
includes a structure, which has been certified and labeled as a manufactured
home as defined under Saction 2(7) of this ordinance.
"UniY' means mobile home unit.
"Manufactured Home" is a structure which has been certified and labeled as
a manufactured home under 42 U.S.C. Section 5401-5426, or which has been
certified and labeled as a manufactured home under Section 101.90-101.96
WI State StatuYes, and Chapter ILHR 27 of Yhe Wisconsin Administration
Code, and is designed to be used as a dwelling, and when placed on-site is off
its wheels, properly connected to utilities, and installed in accordance with the
manufacturei's instructions or a plan certified by a registered architecY or
engineer so as to iusure proper suppart for the home.
Section 3 Mobile FIome Parks License and Application
It shall be unlawFul for any person to estabLish, operate or maintain,
or permit to be established, operated or maintained upon any property owned,
leased or controlled by said person a mobile home park wiYhin the limits of the
Town of Calamus, withouY having first obtained a license for each such mobile
home park from the Town Board pursuant to this ordinance. Stich licenses shall
expire one year from the date of issuance, but may be renewed under the
provision of this ordinance for additional periods of one year. The licensing
period for the issuance of any original license or renewal license shall be July lst
to June 30`h of the following year.
2. The application for each license or the renewal thereof shall be filed witl~ the
Town Clerlc and shall be accompanied by a fee of $100.00 for any one mobile
home parlc containing 50 spaees, or any fracYion thereof, together with a surety
bond in the sum of $5, 000.00. This bond shall guarantee the collection by the
licensee of the monthly parking permit fee provided I'or in section 12 of this
ordinance, and for the payment of such fees to the Town Clerk/Treasurer, the
payment by the licensee of anq fine or forfeiture, including legal costs, imposed
or levied against said licensee for a violation of the ordinance of the said Town,
pursuanf to which said license is granted, and shall be Por the use and benefit and
may be prosecuted and recovery had thereon by any person who~may be injured
or damaged by reason of the (icensee violating the provisions of fhis ordinance.
The Towu Clerk/Treasurer, following approval of a transfer of license by Yhe
Town Board of the Towu of Calamus, shall collect frorn the tra~~sferee a fee of
$10.00 for the Yransfer oPsaid license.
In addition thereto, any mobile home park license fee not paid when due, creates a
lien in favar of the Town of Calamus ii~ tlle delinquent amo~mt upon the real
estate parcel where such mobile home park or mobile home is situated at the time
when the liability for such fee was incurred, efFective as of the firsY day on the
month or year for which such fee was levied. The licensing~ authority shall provide
that all such lieense fees not paid when due shall be extended upon the tax roll as
a delinquent tax againsC the parcel where such mobile home part< or mobile home
is or was situated at the time wheu such liability for such fee was incurred, and all
proceedings in relation to the colleetion, return and sate of property foe delinquent
real estate taxes shall apply fo such delinquent license or pennit fee.
5. The application of a license or a eenewal thereof shall be signed by the applica~iY
and filed with the Clerk of the Town of Calarnus. The application shall include
the name and address of The owner iv fee of the tract, also the name and address of
the applicant, and such legal description of the premises upon which the mobile
~ home park is to be located or is located, as will readily ideutify and definitely
locate the premises The application shall also contain a time schedule for
development o'f the mobile home park froin the date of commencement Co the date
of completiou c~f Yhe mobile home park p(an. The application shall be
accompanied by two copies of the mobile home park plan showing the following
eitl~er existing or as proposed: (i) the extent and area used for mobile home park
purposes; (2) roadways and driveways, (3) location o1'space for mobile homes;
(4) method aud plan for sewage disposal; (5) method and plan for garbage
dis}~osal; (6) method and plan for sewage disposal; ('1) plan For water supply;
(8)plan for lighting of spaces; (9) designated green space for leisure activities;
(10) all other matters required of this ordinance.
6. Every licensee shall fumish the Town Clerk/Treasurer and Town tlssessor with
information on mobile homes added Yo the mobile home park within (5) days affer
arrival on forms prescribed by the Department of Revenue.
Prior to approval of a mobile home park, the Town Board shall hold a public
hearing ou the application. Notice oFsuch hearing shall be n~ailed to all adjoining
proper~y owuers of Che proposed site.
Licenses granted under this ord'rnance shall be subject to revocation or suspension
by Che governing body for cause in accordance with Sec. 66.058(2), Wisc. Seats.
and the procedures in that section shall be followed. "Cause" as used in this
Section, shall include, buY be not limited to:
(a) Failure of neglect to abide by the requirements o~Fthis Ordinance of the
laws or regulations of the State of Wisconsin relating to mobile I~ome parks and
their operation.
(b) Conviction of any offense under the laws of the State of Wisconsin or
Town Ordinances relating to PraudulenC or misleading advertising or deceptive
practices regarding the sale or rental of mobile bomes or the leasing or rental oF
mobile home spaces or sale, lease or operation of park facilities.
(c) OperaCion or maintenance of the moUile home park in a manner inimieal to
the health, safeTy, or welfare of park occupants or the inhabifants of the Town
including, but not limited Yo, repeated violations of laws or ordinance re(ating to
heaLth, sanitation, refuse disposal, fire hazards, or morals.
(d) Transfer or sale of an ownership interest in viy mobile home space or the
underlying land other than to another eligible licensee. Such action shall also
subjeet the owner of the underlying land to all 7equirements of the state or
municipal subdivision control laws and regulations regardless of the size or
mimber oY loYS or spaces so transferred or sold.
Section 4 Inspection and ~nforcemeat
No mobile home park license shall be issued or renewed unYil the Town Board, or its
designee, shall have inspected and reviewed for compliance with tl~is Ordinance each
applicaCion and the premises on which mobile homes will be IocaYed to insure
compliance with the regulations, ordinanees and laws ap~licable thereto. No license
will be renewed without the re-inspection of the premises. For fhe purposes of making
inspeetions and securing the enForcement o~FLhis Ordinanee, such officials or their
authorized agents shall have the right and are hereby empowered to enter on any
premises on which a mobile home is located, ~r about to be located, and to inspect Yhe
same and all accommodations connected therewith at any reasonable time.
Section 5 Mobile Home Park Standards
Accompanying and to be filed with the original application for a mobile home
park shall be plans and specifications which shall be in compliance with all
county, and town ordinances, Dodge Counfy and Town of Calamus Land Use
Plans, and provisions of the State Board of Health. The Clerk of the Town of
Calamus, after approval of the application by Yhe Town Board and upon
completion of the work according to the plans, shall issue the ]icense.
2. Each mobile home space withiiti a mobile home park shall be clearly defined
and shall contain at least five thousand (5,000) sqaare feet of land area Por the
exclusive ase of Yhe occupant; such space shall be no less the fifty (50) feeY in
width and no less than one hundred (100) feet in depth. The area occupied by
a mobile home shall not exceed fifty percent (50%) of the total area of the
mobile horne space (including awuings, carporCs, vehicles or attachments
thereto). Each mobile home space shall be landseaped iu accordance with the
plans approved by the Towu Board. The mobile ]iome par]< shall be so
arranged that all the spaces shall face or abut on an approved driveway of not
less than 20 feet iu width, giving easy access Yhereto. Public street and
driveway shall be blacktopped or paved and maintained in good condition,
hauing natural drainage, be well lighted at night, and shall be free of
obstruckions, with no over night parking. Each space shall have a fifteen (IS)
foot by twenty (20) foot paved off-sYreet parking space for vehicles.
No mobile home shal( be parked in a mobile home park outside of a
designated space for no longer than a forty-eight (48) hour period.
Vo mobile home unit that is less tt~an 12 feet wide or less than 50 feet long
shall be parked in any mobile home park.
Section 6 Mobile Home ReplacemenY
All Manufactures homes, which are replaced, sball be:
(a) Unifs whieh prior to placement in the park are inspect~ed by the
township; at the mobile home owner's expense as sfated in the Town
of Calamus Fee Schedule; whieh inspection finds that all mechanical
systems are funetional, current to the then existing code, that all
structural components, including but not limited to, windows, siding,
roof, insulaCion and flooring, are in good, functional repair;
ox
(b) They are replaced with the new units.
fi1 addition:
(c) The reptacement maimfactured home shall be the same square fooYage
as the original unit, or larger; buf shall not exceed sixfeen (16) feet in
width, nor sevcnty-six (76) feet in length
(d) Setback requirements shall be met within Dc~dge County Zoning.
(e) If the replacement n~anufactured home has been repaired, the owuer
shall provide verification acceptable Eo the Town $oard of the Town
of Calamus that the repairs are i~1 compliance with the Federal
Manufactured Housing Construction Standards.
2. The placement of manufactured homes outside of mobile home parks shall be
allowed wiTh the following conditious:
(a) Is set upon an ene(osed permanent ~Poundation meeting the requirements of
the State Uniform Dwelling Code upon land which is owned by the
ma~~ufactured home owner, and
(b) Is off iLS wheels, and
(c) Is properly connected to utilities, and
(d) Is instaLLed in accordance with the manufac2urer's instructions or a
plan certified by a registered architect or engineer so as to insure
proper sup~ort for the home, and
(e) Has no tow bars, wheels or axles attached to it
(~ Manufactured hornes p(aced outside of Yhe enobile home parks shall
comply with section 61 above.
Section 7 Accessory Structures
Aecessory structures sueh as sCOra~e sheds, garages, and decks shall be
allowed in the mobile home parks and on individual lots. All setbacks for
accessory structures shali be in compliance with Yhe Dodge CounYy Zoning
Ordinance.
2. No accessory strucRire will be permitted on any lot without a plaeement of a
mobile home unit on that lot.
Section 8 Waste and Garbage Disposal
I, All liquid wastes from showers, tc~i(eYs, lauudries, faucets, lavatories, ect.,
shall be discharged into a sewer system.
2. All sanitary facilities in any uniY, which are ~zot comiected with a County
approved sewer system by approved pipe connections, shall be sealed and
their use in hereby declared unlawful.
3. Every unit shall be provided a substantial fly-tight, watertight meYal garbage
depository From which conteuts shall be removed and disposed of in a sanitary
manner by the mobile home park custodian at least twice weekly between
May 1 and October IS and otherwise weekly.
4. Mobile home residents shall comply with all Town of Calamus refuse disposa]
and recycling requirements.
Section 9 Limitations on Number of Vehicles
There may be no more than Ywo (2) vehicles parked overnight at each designated
mobile home space.
Section 10 Management
It1 every mobile home park there shall be (ocated the office of the attendant or
person in charge of said park. A copy of the park license and have this
ordinance shall be posted therein and Che park register shall at all times be
kept in said o~ce.
2. It is hereby made the duty of the attendant or persou in charge, togetl~er with
the licensee, ta
{a) Keep a register of all guests, to be open at all times to iuspecYion by
the Stafe, and Federal officers and by the Town Board, which shall
show for all guests:
(1) Name and Address
(2) Number of children of school age
(3) State oflegalresidence
(4) Dates of entrance and departure
(5) License number of alt mobile homes and other vehicles
(6) State ofliceose issue
(7) Purpose of stay in park
(8) Place of lasC location and length of stay
(9) Place of employment of each occupanY
(b) Provide, attach, and maintain fire numbers for each park, and a lot
number for each individual mobile home loY or parcel.
(c) Maintain The park in a clean, orderly and saniTary eondition at all
times.
(d) Insure the provisions of this ordinance are compHed with and enforced
and reported promptly to the proper authorities any violations of law
which may come to the attendanYs attenYion.
(e) Report to the Health Officer all cases of persons or animals affected or
suspected of being affected with any communicable disease.
(~ Maintiain in convenient places, hand fire extingnishers in the ratio of
one to each eight units.
(g) CollecY the monthly parking permit ~Pee as provided in Section 12 of
Yhis Ordinance.
3. Prohibit the lighting af open fires on the premises.
4. Allow for the inspection of park premises and facilities at reasonable times by
Town Officials or their agents or employees.
Section 11 Responsibilifies and Duties of Mobile Flome Park Occapants
Park occupanCS shall comply with all applicable requirements of this
Ordinance and regulations issued hereunder and shall maintain their mobile
home space, iYS facilities and equipment in good repair and in a clean and
sanitary condition. That outside storage or accumulafions of materials tbat
increase fire hazards, infestation of vermin or safety concems to children is
specifically prohibited. Continued maintenanee of said conditions sl~all be
grounds for eviction by the parlc operator.
2. Park occupants shall be responsible for proper placement of their moUile
home on Yhe mobile home sYand and proper iustallation of all utility
connections in accordance with the instructions of the park mana~ement.
No owner ar person in charge of a dog cat or other pet animal shall permit it
Yo ruu af large or to cause any nuisance wiYhin the limits of any mobile home
park.
4. IY shall be the duty of every occupant of a park to give the park licensee or
management, or agent or employee, access to any part of such park or mobile
home premises at reasonable times for the purpose of making such repairs or
alterations as are necessary to ePfect compliance with this Ordinance or any
laws or ordinauces of the State, County or 1"own or lawful regulation or order
adopted there under.
Park occupants are responsible for the registraYion and licensin~ of all
vehicles, and there is fo be no storage of tmlicensed vehicles at any mobile
home space.
Each moUile home space is allocated a parking pad for two automobiles or
pickup trueks. IY is the responsibility of each oecupaut to see that no vehicies
in excess of said two-vehicles-per-unit shal( be parlced overnight on a regular
Uasis. Vehicles parked other than on the designated parking pad-whether
parked on lawus or alongside of driveways-are strictly prohibited and shall
be subject to citation and towing.
7. No mobile home owner or occupant shall eouduct in any unit or any mobile
home park any business or engage in any other activity, which would not be
permitted in single-family residential areas in the Town.
8. No person shall discharge any wastewater on the surface of the ground within
any mobile home park.
Section 12 Monthiy Parking Fee
There is hereby imposed on any occupied non-exempt mobile home is the
Towi~ of Calamus a monthly parking permit fee determined in accordance
with Wisconsin SYaYe StatuYe 66.058. It shall be the full and complete
responsibility of the liceusee to collect tihe proper amounY from each mobile
home owner. Said fee shall be paid to the Town of Calamus Clerk/Treasurer
on or before the Centh day of the month ~Following the month for which such
fees are due.
2. Licensees of mobile home parks and owners of land on which are parked any
occupied nonexempt mobile home shall furnish iuformation to the Town
Clerk and Town Assessor on such homes added eo their parl< or land within
five days affer arrival of such homes on forms furnished by the Department of
Revenue iu accordance with Wisconsin StaYe StaYUCe 66.058.
Section 13 Additional Regulations on Mobile Homes and Mobile Home Parks
Recoguizin~ the purposes oFthis Mobile Aome Ordinance as set for in Section 1
above and fiurther recognizing many of the concerns of the residents of said mobile
homes, this ordinance further provides as follows:
Temporary or long-term storage sha11 not be allowed outside.
2. Each of the mobile homes shall Ue owner occupied.
3. Fires in the mobile home parks shall be made only in stoves aud other cooking
or heating equipment intended for such purposes. Outside burning is
prohibited.
All mobile homes in mobile home parks shall be skirted with foundaTion
siding. Areas enclosed by such sl<irting shall be maintained free of rodents and
fire hazards. Such foundation siding/sltirting shall be fire and weather
resisfant, pre-ftnished material surro~mding the entire perimeter of a home and
eompletely enclosing a space between the exterior wall of such home and the
ground. Foundation siding shall be properly vented, harmonious and
compatible with tlie house and installed within sixty (60) days from the date
of piacement on site.
Storage under mobile homes is prohibited.
6. Wrecked, damaged or dilapidated moUile homes or mauufactured homes shall
not be lcept or stored in a mobile home padc or upon any premises in Yhe
Town. The Town Board shall determine if a unit is damaged or dilapidated to
a point, which makes it unYit for human occupancy. Such mobile homes are
hereby declared to be a public nuisance. Whenever the Town Board so
determines, it shall notify the (icensee or landowner and owner of the mobile
homes in writing that such public nuisance exists within the park or on lands
owued by him/her giving the findings upon which his/I~er determination are
based and shall arder such home removed from the park or site or repaired to
a safe, sanitary and wholesome condition of occupancy within a reasonable
tiine, but not less fhan thirty (30) days.
Section 14 Compliance with Plumbing, Electrical and Building Code Ordinances
All plumbing, electric, electrical, building and other work on or at any mobile home
park uuder this Ordinance shall be in accordance with the Ordinances of the Town of
Calamus and the requirements of the State Plumbing, Electrical and Building Codes
and the regulations of the State Board of Health. Licenses and perrnits granted under
this Ordinance grant no ri~hY to erecf or repair any structure, fo do any plumbing or
electric work. ~
Section 15 Revocation or Suspension
The Town Board is hereby authorized to revoke or suspend any license or permit
issued pursuant to the terms of this Ordinance.
Section 1G Penalties for Violation of Mobile Home Ordinance
Any person violating any provision of this ordinance shall, upon conviction thereof,
forPei2 not less than $100.00 nor more than $1000.00 and the costs of prosecution, and
in default of payment of such forfeiture and costs shall be imprisoned in the County
Jail until payment of sueh forfeiture and costs of prosecution, but not exceeding thirty
days For each viotation. Each day of violation shall constitute a separate offense.
Secfion 17 Separability oYProvisions
Should any section of provision of this c~rdinance be declared invalid, such decisions
shall not affect the validity of the remaining portions of this ordinance.
Section 18 Effective Date
This ordinance shall take effecT from and affer its passage and posting as provided by
law.
Adopted this day of
Town of Calamus, Dodge County.
Piled t(iis day of
,2001.
1'own Clerk
2001 by the Town Board of Supervisors of Yhe
Town Chairman
Town Supervisor
Town Supervisor
POLK COUNTY, NORTH CAROLINA
7une, 2003
STAT~ OF NORTH CAROLINA
POLK COUNTY
MOBILE HOME ORDINANCE
POLK COUNTY, NORTH CAROLINA
Article I
Authority, Purpose, Jurisdiction and Legal Provisions
Section 101. Short Title
This Ordinance shall be titled Mobile Home Ordinance, Polk County, North Carolina, and may
be cited as the MobIle Home Ordinance.
Section 103. Authority
Polk County hexeby exercises its authoriey to adopt and enforce a mobile home ordinance nnder
the provision granted by Norfh Carolina General Statutes 153A-121 and 153A-340 and 347.
Section 103. Puruose
The purpose of this ordinance is eo promote the protection of the health, safery and welfare of the
communities and eo provide an acceptable environment for all the residents wiCh Polk County.
This ordinance is designed to accompiish the following objeetives:
a. To secure safety from fire, panic and odlec dangers.
b. To protect individuals from hazards associated wiCh electrical dangers.
a To pxotect surrouncling properties and residents.
Section 104. ,Turisdiction
These regulations shall govern The entrance, movement and set-up of any and all pxe 1976 mobile
homes wiThin Polk County, North Carolina. These xe~uladons apply to all iands lying within the
territorial jurisdiction of Polk Counry and wiehin the planning jurisdicuon of any municipality
whose ~oveming body by resolution agrees eo such regulation. No person or persons may loeate
or cause to be located, any mobile home n7anufachired priar to 1976 on any lands situaCed with
Polk County, North Carolina at anytime after the adopeion oP ehis ordinance. Owners of pre 1976
mobile homes currently inhabited shail not be affeeted by this ordinance but movement of said
mobile home is restricted to relocaYion and inhabitauce by the lawful owner or his or her spouse,
parent, gr~ndparent and(or child. Mobile homes manufactured prior to 1976 inhabiCed and/or set
up within a mobile home park if owned by someone other than the park owner may be sold to the
park owner or anyone, bat cannot be relocated from iC's current location.
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Section 105 Variances
The Plaiming Board may audlorize a variance from these regulations when, in the Board's
opinion, undue hardship may result from st~icT compliance with this Ordinance. No v~ iance
shall be granted unless the Planning Board finds:
1. That there are speciai circumstances or eonditions affecting said property such that the
strict applicapon of the provisions of this Ordinance would deprive fhe applicant of the
reasonable use of his property.
2. That the variance is necessary for the preservation and enjoyment of a substanual
property right of the petirioner.
3. That the eircumstances giving rise to the need for the variance are peculiar to the property
and is not generally characteristie of other similar properLies with the jurisdiction of this
Ordinance.
4. ThaC ehe granting of the variance will not be detrimental to the public health, safety and
welfare, or injurious to other property in the tenitory in which said properry is to be
IocaTed.
5. Any variance that is authorized shall be entered in rvriting in the minutes of the Pla~aning
Board meeCing.
Section 106. Compliance wiYh Other Ordinances
Any and ali proposed movement, locafion, and inhabitanee of pre 1976 manufactured mobile
home within Polk County, North Carolina, shall comply with all the requirements of any
of'ffcially adopted ordinance within Pollc County, North Carolina.
Section 107. ECfect of Existing LeQislation
Where this Ordinance co~flicts with existing ordinances, statutes, or regulations eFfective in the
jurisdiction of diis Ordinance and enacted by the Counry, State, or Federal Government or their
agencies, Chen the ordinance, statute or regulation requiring the higher standard shall apply.
Section 108. Penaltv
Any person or persons violating the provisions of Chis ordinance shall be guilty of a
miedemeanoc and shall be subject to fine and/or imprisonment as provided by General Statute
14-4. ~ach day's continuing violarion of this ordinance shail be a separate and distinct offense.
Nothing io this Section shall be construed co limit ehe use of remedies available to the County.
Secfion 109. Effective Date
Effeetive date of this ordinance shallbe . 2003
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Adopted this day of , ~0_.
Polk County Board of Commissioners
7ackLiogafelter, Chairman
Attest:
Pam Thomas
Clerk to the Board
Approved as to Form:
Thomas Hix
CounCy Attorney
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Article II
Procedure for Securing Approval of Mobile Homes
Section 201. Aanroval Required
No pre-1976 nzobile homes may be installed, moved or relocated witl~in the ten~itoria]
jurisdiction of Polk County timtil a pecmit has been issued by tl~e Administrator, authorizing sucb
installation.
Section 202. Procedures for Review and Auproval of a Mobile Home
Prior to the installation of a moUile home, the applicant shall make application to the
AdminisKator for a permiY to instali such a mobile; home on forms required by the Polk County
Plannin~ and Zoning Department and the Polk County Building Inspection DeparCmeot.
Seetion 203. Issuanee of a Zonine Permit and ConsYrucYion Permit
After receiving apptication that meets the requixements of this ordinance, the Administrator is
authorized to issue a development compliance permit or building permit. A fee schedule shall be
established by Che Board of County Com~nissioners.
Article III
Minimum Design Standards
This section sets forth minimum design standards which are sCated as follows
Section 301. Safetv Sfandards
No mobile home older than 1976 shall be allowed to move into Polk County. Mobile homes
which, at the time of construcrion, were not built to the etandards of the National Manufactured
Housing Construction and Safety Standaxds Act of 1974 (effective 1976) are prohibited within
Poik County under this chapter wiTh the foilowing exception:
a. Any existing 1976 or older mobile home within the County may be relocated by the
owner or a surviving heir.
Section 302. Installation Repuirements
l. Each mobile home shall be installed with stabilizaYion devices in aeeordanee witb
the State of' Iv~orth Carolina regulations for installauon of mannfacturedJmobile
homes adopted and published by the North Carolina Department of Insurance.
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2. It is the responsibility of all mobile home owners to provide prc~per sidrting and
stairs. Specific requirements are as Pollows:
a. Skirting is required within one-hundred and twenty (120) days of the date of mobile
home installadon. The skirting shall be of solid curtain wail material (i.e. treated wood, vinyl,
metal, masonry). Materials are to be erecCed in a fashion as not eo create a fire hazard ox harbor
txash or rodents. Skirtin~ shall have an access door and be properly vented in accordance with
State Regulations. Skirting shall be maintained in a good state of repair.
Article IV
DeFinition of Terms
For the purposes of this ocdinanee, certain terms or words used herein shall be defined as
foltows:
1. Administrator: The person or persone appointed by the Polk County Board of
Commissioners to administer and enforce the provisions of this ordinance.
2. Construction Permit: A perinit issued by the Building Snspection Administrator
authorizing the mobile home to be instaLled by the owner/agene in accordance with a site
plan approved by the Administrator.
3. Developer: Any person, firm, trust, partnership, association, or cotparation erigaged in
development, or proposed development.
4. Development Compliance Permit: A permit issued by the Administrator auehorizing
ehe applicaoUdeveloper to install a mobile home in accordance with the development
regulations of Polk Coui~ty.
5. Mobile Home: A portable manufactured housing unit designed for Cransporeation on its
own chassis and placement on a temporary or semi-permanent ~foundaaon having a
measurement of over thirty-two (32) feet in length and over eight (8) feet in width.
Mobile home shall also mean double wide mobile home which is two or moxe portable
manufactured housing units designed for transportation on their own chassis, whieh
connect on site for placement on a temporary or semi-permanent foundation having a
measurement of over thirzy-two (32) feet in length and over eight (8) feet in width.
Mobile home shall be designed to be used as a dwelling and provide complete,
iodependent livin~ facilities for one (1) P~amily, including permanent provisions for living,
sleeping, eadng, cooldng, and sanitation. A mobite home shall actually be usecl, or held
ready for use, as a dwelling.
6. 5hall: When used in this Ordinanee, it is intended to indicate a mandatory requiremenC.
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Stabilizing Devices: All components of the anchoring and support sysCems such as
piers, footers, ties, anchoring equipment and any other equipment which supports the
mobile home and secures it to the ground.
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