Chapter 5.48
MOBILE HOME AND RECREATIONAL VEHICLE PARK OPERATION
Sections:
5.48.020 Operation prohibited without a license.
5.48.030 Application—Forms—Contents.
5.48.040 Review of application—Issuance.
5.48.060 Procedure for renewing license.
5.48.090 Register to be kept—Inspection.
5.48.100 Revocation or suspension of license—Grounds.
5.48.120 Sale or transfer of park—New license required.
5.48.130 Separate license required for each park operated.
5.48.140 Penalty for violations.
5.48.010 Definitions.
In construing the provisions of this chapter, except when otherwise declared or clearly apparent from the context, the following terms shall have the meanings set forth below:
A. “Mobile home” means a structure, transportable in one or more sections, which is thirty-two body feet or more in length and is eight body feet or more in width, and which is built on a permanent chassis, and designed to be used as a dwelling unit with or without a permanent foundation when connected to the required utilities, and includes the plumbing, air conditioning and electrical system contained therein. The term “mobile home” does not include a commercial coach, recreational vehicle, motor home, or modular home.
B. “Mobile home park” means a tract of land developed and operated as a unit with lots, roads, utilities, recreation areas, and facilities to accommodate mobile homes as occupied residential dwellings.
C. “Recreational vehicle” means a vehicular type unit designed and licensed as temporary living quarters for recreational camping or travel uses, with or without internal power. The term “recreational vehicle” includes vehicles such as travel trailers, camping trailers, truck campers, and motor homes. The term “recreational vehicle” does not include a mobile home.
D. “Recreational vehicle park” means a tract of land either developed or operated as a unit or as part of an established mobile home park with roads, utilities and community facilities to accommodate recreational vehicles on a space rental basis. (Ord. 87-15 § 1 (part), 1987)
5.48.020 Operation prohibited without a license.
No person shall operate any mobile home and/or recreational vehicle park in the city unless such person has been issued and has in full force and effect a license from the city to do so. (Ord. 87-15 § 1 (part), 1987)
5.48.030 Application—Forms—Contents.
No license to operate any mobile home and/or recreational vehicle park shall be issued except upon written application therefor to the city clerk at City Hall. Such application shall be signed by the owner or intended operator of the mobile home and/or recreational vehicle park and shall be in such form as the city clerk shall prescribe. The application shall be accompanied by the nonrefundable license fee established by Section 5.48.070 and shall contain, at a minimum, the following information:
A. The name, address, and telephone number of the owner of the land on which the mobile home and/or recreational vehicle park is to be operated;
B. The name, address, and telephone number of the operator of the park, if different from the owner;
C. The name of the mobile home and/or recreational vehicle park; and
D. Such other information as the city clerk may reasonably require to evaluate the permit. (Ord. 96-30 § 22, 1996: Ord. 87-15 § 1 (part), 1987)
5.48.040 Review of application—Issuance.
A. Upon receipt of a completed application for the operation of a mobile home and/or recreational vehicle park, the city clerk shall refer the same to a technical committee composed of the planning director, city engineer and building official, or their designees, together with such other city department heads as the planning director and city engineer, in their discretion, deem appropriate to the particular application. The technical committee shall review the application for compliance with all zoning and other requirements for the establishment of a mobile home and/or recreational vehicle park on the site. The building official or his designee shall make a physical inspection of the site as part of the technical committee review. Upon completion of its review, the technical committee shall forward its written recommendation to the city clerk.
B. Upon receipt of the recommendation of the technical committee, if the city clerk determines that the application is complete and in proper order and that the technical committee has found that all zoning and other requirements have been met for the establishment of a mobile home and/or recreational vehicle park on the site, the city clerk may issue a license to the applicant for the operation of the mobile home and/or recreational vehicle park. (Ord. 87-15 § 1 (part), 1987)
5.48.050 Term of license.
All licenses issued pursuant to the provisions of this chapter shall be valid until December 31st of the year in which they are issued, and all renewals thereafter shall be for a period of one calendar year commencing January 1st of the year for which the license is issued and terminating and expiring December 31st of the same year. (Ord. 87-15 § 1 (part), 1987)
5.48.060 Procedure for renewing license.
All licenses to be issued pursuant to the provisions of this chapter shall be renewed by following the same procedure as required for original application and issuance, including review by the technical committee and inspection by the building official pursuant to Section 5.48.040. (Ord. 87-15 § 1 (part), 1987)
5.48.070 Fees—Late payment.
A. The fee for each license and renewal thereof required by this chapter is set forth in Section 3.12.040(L).
B. All mobile home and recreational vehicle park operations required to obtain annual licenses under this chapter shall obtain the same and pay all fees required on or before January 31st of each respective year. Anyone failing to obtain and pay the license fees prior to February 1st shall, in addition to any other penalties provided in this chapter, be assessed the sum of ten dollars per month as a penalty for each month such late application and/or payment is overdue until paid. (Ord. 2003-16 § 19, 2003; Ord. 96-30 § 23, 1996: Ord. 87-15 § 1 (part), 1987)
5.48.080 Maintenance of park.
The licensee shall be responsible for ensuring that all community facilities, landscaping and common areas within the park are maintained in a clean, safe and functional condition at all times. (Ord. 87-15 § 1 (part), 1987)
5.48.090 Register to be kept—Inspection.
The licensee shall be responsible for maintaining a register containing the names of all occupants of the mobile home park, together with a record of the date of installation of each mobile home installed. This register should be made available to the city building inspector or his designee and the county health official or his designee. (Ord. 87-15 § 1 (part), 1987)
5.48.100 Revocation or suspension of license—Grounds.
The city clerk may, at any time, suspend or revoke any license issued under the provisions of this chapter whenever the licensee, or any person acting on behalf of the licensee:
A. Has violated any city ordinance of the city in the operation of the mobile home and/or recreational vehicle park; or
B. Has made any false statement in connection with the application or renewal of any license required by this chapter. (Ord. 87-15 § 1 (part), 1987)
5.48.110 Hearing.
Whenever the city clerk determines that there is cause for suspending or revoking any license issued pursuant to this chapter, the city clerk shall notify the person holding such license by registered or certified mail, return receipt requested, of his or her determination. Notice mailed to the address on the license shall be deemed received three days after mailing. The notice shall specify the grounds for suspension or revocation of the license. The notice shall also specify that the holder of the license may request a hearing before the city council on the revocation or suspension by filing a written request for such a hearing with the city clerk within five days after the notice of suspension or revocation is received or deemed received. The licensee may appear at the hearing and be heard in opposition to such revocation or suspension. The revocation or suspension shall be stayed pending determination of the appeal by the city council. Following the hearing, the city council may affirm the revocation or suspension, reinstate the license, or reinstate the license with conditions. The decision of the city council shall be final and all appeals from such decision must be made to the Superior Court of the State of Washington for Kitsap County within ten days after the decision is rendered by the city council. (Ord. 87-15 § 1 (part), 1987)
5.48.120 Sale or transfer of park—New license required.
Upon the sale or transfer of any mobile home and/or recreational vehicle park for which an operator’s license has been issued pursuant to this chapter, the license issued to the prior owner or transferor shall automatically expire on the date of such sale or transfer and the new owner intending to continue to operate such mobile home and/or recreational vehicle park in the city shall apply for and obtain a new license pursuant to the procedures established by this chapter. (Ord. 87-15 § 1 (part), 1987)
5.48.130 Separate license required for each park operated.
A separate mobile home and/or recreational vehicle park operator’s license shall be required for each mobile home and/or recreational vehicle park operated in the city. (Ord. 87-15 § 1 (part), 1987)
5.48.140 Penalty for violations.
A. Any person and the officers, directors, managing agents, or partners of any corporation, firm, partnership or other organization or business violating or failing to comply with any of the provisions of this chapter shall have committed a civil infraction and, upon a determination by the Poulsbo Municipal Court that such infraction has been committed, shall pay a civil monetary penalty to the city of a sum not to exceed two hundred dollars. In addition, each and every day during any portion of which a violation of any provision of this chapter is committed, continued or permitted constitutes a separate infraction. Penalties collected pursuant to this section shall be deposited in the city’s general fund to be used for general purposes of the city.
B. In addition to the penalties provided in this section, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a public nuisance and all remedies given by law for the prevention and abatement of nuisances shall apply thereto.
C. Any person deemed to have committed a civil infraction under subsection A of this section who shall fail to come into compliance, or remain in compliance, with the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be punished by imprisonment in jail for a term not exceeding ninety days or by a fine in an amount not more than one thousand dollars or by both such fine and imprisonment. Each day that such condition or violation continues shall be regarded as a new and separate offense and shall be punishable accordingly. (Ord. 96-30 § 24, 1996: Ord. 87-15 § 1 (part), 1987)