Parking and Occupancy of Manufactured Homes and Recreational Vehicles.
A. Manufactured homes.
It is unlawful for any person to park a manufactured home within the city for longer than forty-eight (48) hours. Affirmative defenses to the Section are:
1. That the manufactured home is in a manufactured home community;
2. That the manufactured home is a recreational vehicle parked in compliance with the city zoning ordinance and all other applicable laws;
3. That the manufactured home is parked on property where manufactured homes are manufactured or sold and where no one occupies a manufactured home as a dwelling or sleeping place; and
4. That the manufactured home is parked on the property as a temporary office or display unit and where no person occupies a manufactured home as dwelling or sleeping place.
Roster of Manufactured Homes and Recreational Vehicles.
A. The owner, licensee, and manager of each manufactured home community shall keep a roster of all manufactured homes and recreational vehicles located within the manufactured home community. The roster shall contain the following information:
1. The make, model and year of each manufactured home and recreational vehicle;
2. The vehicle identification number and name of the owner of each manufactured home and the license number and name of the owner of each recreational vehicle and the state issuing the license; and
3. Dates of each manufactured home moved into and/or out of the manufactured home community.
B. The owner or manager shall make the roster available for inspection at all times by law enforcement officers, appropriate employees of the city, and fire department personnel.
Locating Manufactured Homes or Other Structures in Violation of Standards.
It is unlawful for any person to position, move, or locate, or for a manufactured home community owner or manager to allow, permit, or suffer any person to move, position, or locate, any manufactured home, accessory building, or other structure within or into a manufactured home community so that a violation of this Section or other applicable law is created or exacerbated.
Compliance with State Standards for Maunfactured Homes.
A. It is unlawful for any person to own or manage a manufactured home community that contains any manufactured home built after 1976 that is not constructed and installed in compliance with the Manufactured Housing Standards Act, Chapter 1201 et seq. of the Texas Occupations Code, and with all laws, rules and regulations promulgated by the state department of housing and community affairs pursuant to that act.
B. It is unlawful for any person to own, keep, or occupy a manufactured home built after 1976 in the city limits that is not constructed and installed in compliance with the Texas Manufactured Housing Standards Act and with all laws, rules, and regulations promulgated by the state department of housing and community affairs pursuant to that act.
Design and Maintenance Standards.
It is unlawful for any person to own or manage a manufactured home community that does not meet the following standards:
A. Drainage.
Each manufactured home community and each unit plot shall be properly graded and equipped to drain all surface water in a safe and efficient manner.
B. Maintenance of accessory structures and community buildings.
All accessory structures and community buildings in the manufactured home community shall be maintained in a structurally sound and clean condition, and kept free of any condition that might be detrimental to the safety or health of any person.
C. Collection and removal of waste.
Each manufactured home community shall be provided with safe, clean, and adequate facilities for the collection and removal of wastes and garbage.
D. Electrical outlets.
Each manufactured home unit plot shall be supplied with a separate electrical outlet supplying at least one hundred ten (110) volts, permanently identified as belonging to the individual plot it serves.
E. Setbacks and separations.
Setbacks and separations shall be maintained for all manufactured homes, accessory buildings and other structures as follows:
1. Porches and accessory buildings must be a minimum of five (5) feet from the edge of an interior street and/or from any adjacent manufactured home.
2. A carport may be attached to the manufactured home it serves but may not be closer than five (5) feet to any adjacent manufactured home.
3. A freestanding accessory structure shall be no closer than five (5) feet to an adjacent manufactured home at any point. It is an affirmative defense to this subsection that the accessory structure is located within eight inches of the manufactured home it serves.
4. Between any end of a manufactured home and [edge of] internal private roadway: five (5) feet; or seventeen (17) feet from the center of the road.
5. Between any side of a manufactured home and edge of internal private roadways: five (5) feet; or seventeen (17) feet from the center of the road.
F.
Exposed ground.
All exposed ground shall be covered with pavement, stone screenings or other solid or semi-porous material, or vegetative growth that is capable of eliminating soil erosion and dust and that is free of holes and depressions that may injure a person or property.
G.
Maintenance of drainage devices.
All drainage ditches, culverts, and other drainage devices shall be maintained so that they are free flowing and free of trash, debris, and all other obstacles.
H.
Fire hydrants.
Any manufactured home community established after the effective date of this Section shall have at least one (1) fire hydrant maintained in compliance with all applicable laws within five hundred (500) feet of each outside wall of each structure in the manufactured home community, measured along a route approved by the fire department. It is an affirmative defense to this section that an alternative design has been approved by the fire chief and/or that the manufactured home community existed before the effective date of this Ordinance.
I.
Trees, tree limbs and branches.
No trees, tree limbs, or branches may exist that are reasonably capable of damaging a structure or that are reasonably capable of causing injury to a person or which are within fourteen (14) feet of any access or fire lane measured vertically from the surface of the street or fire lane to the lowest point of the tree limb or branch.
J.
Excavations or other dangerous conditions.
No holes, excavations, sharp protrusions, or any other object or condition may exist on the property which may cause injury to a person.
K.
Uncovered wells, cesspools or cisterns.
No wells, cesspools, and cisterns that are not securely covered or securely closed.
L.
Storage of pool chemicals.
All pool chemicals must be stored in compliance with all applicable laws.
M.
Broken sewer lines.
All broken sewer line(s) must be repaired or replaced and all residue must be removed, and affected areas treated with a suitable disinfectant, within seventy-two (72) hours of notification or discovery that the sewer line is broken.
N.
Address numbers and other required signage.
All street address numbers, unit numbers, lot or plot numbers, and any additional signage as required by applicable laws must be provided and maintained on each manufactured home and structure, and on the property.
O.
Fences.
All fences on the property must be maintained in compliance with
ARTICLE 3.05: FENCES of the Joshua Code of Ordinances.
P.
Swimming pools and spas.
All swimming pools, spas, and pool fences and gates must be installed and maintained in compliance with all applicable laws.
Q.
Electrical supply lines.
All supply lines for electrical service to each dwelling unit intended for human occupancy must be installed and maintained in safe, operative condition and in compliance with all applicable laws.
R.
Water and sewer systems.
All exterior water and sewer systems must be installed and maintained in compliance with all applicable laws.
S.
Fire lanes and paved areas.
All fire lanes and required paved areas must be installed and maintained with legible parking and fire lane markings in compliance with all applicable laws.
T.
Access control devices.
Any vehicular or pedestrian access control devices must be installed and maintained in compliance with all applicable laws.
U.
Fuel supply lines and fuel containers.
All fuel supply lines to each dwelling unit and all fuel containers for each dwelling unit that is heated by natural gas or propane or has a water-heating device or stove fueled by natural gas or propane must be installed and maintained in compliance with all applicable laws.
V.
Sidewalks, ramps, bridges, parking lots, stairs and steps.
All sidewalks, ramps, bridges, parking lots, stairs, and steps must be installed and maintained in safe and operative condition and in compliance with all applicable laws.
W.
Maintenance of yards.
Yards around and adjacent to manufactured homes or mobile home parks shall be maintained in accordance with applicable city ordinances and state or federal laws.
X.
Storage area.
A manufactured home community may provide a storage area for residents use for boats, recreational vehicles, campers, and additional vehicles, as well as park maintenance equipment and supplies, as long as it is screened from all adjacent properties or if visible from the public right-of-way by a six (6) foot minimum blind fence in compliance with
ARTICLE 3.05: FENCES of the Joshua Code of Ordinances.
Y.
Exemption from setback and separation requirements.
The standards set forth in
§ 6.122 MH DISTRICTS ESTABLISHED BY PLANNED DEVELOPMENT shall apply to any manufactured home moved into, onto, or within a manufactured home community after the effective date of this Ordinance. It shall be an affirmative defense to prosecution under the provisions of
§ 6.122 MH DISTRICTS ESTABLISHED BY PLANNED DEVELOPMENT that the manufactured home in question has not moved since the effective date of this Ordinance.
Compliance with Applicable Laws.
Each owner or manager of a manufactured home community within the city which may be used for human habitation or residence shall comply with the provisions of this Section and all other applicable laws for each manufactured home community over which he or she has control.
Duties of Owner or Manager.
A. Maintenance of facilities and equipment.
The owner or manager of a manufactured home community shall provide adequate supervision to maintain the community and its facilities and equipment and to keep it in an operable and sanitary condition at all times.
B. Supervision of placement of manufactured homes.
The owner or manager of a manufactured home community shall supervise the placement of each manufactured home on its lot or plot, insuring safe installation and set-up in compliance with all applicable laws.
C. Supervision of installation of LPG containers.
The owner or manager of a manufactured home community within the city shall ensure safe installation of liquid petroleum gas (LPG) containers, including propane gas, in compliance with all applicable laws, and shall ensure that they are securely anchored to the ground directly beneath the container.
Conditions or Defects Constituting Uninhabitable and Dangerous Manufactured Homes.
A. A dangerously damaged or deteriorated manufactured home whose condition, in the building official’s judgment, presents a substantial danger to its occupants or adjoining property or persons and which has some or all of, but not necessarily limited to, the following structural deficiencies:
1. Parts or pieces that may fall and injure a person or property.
2. Damage by fire, explosion, wind, vandalism, or elements of nature so that there may be a danger to life or safety or to the general health and welfare of a person.
3. Absence of the availability of an essential utility for seventy-two (72) hours or more, in an occupied structure.
4. Any leaking sewage and/or exposed wastewater lines.
5. Inaccessibility of any part of the community to fire, police, EMS or other emergency vehicles.
6. Individuals, owners, or tenants who allow their dwelling units to fall into a state of disrepair are in violation of this Article and may be cited and fined. Owners or managers of a manufactured home community who allow the community to fall into disrepair may also be cited and fined.
Replacement of HUD-Code Manufactured Homes.
In the event that a HUD-code manufactured home occupies a lot in the city, whether located in a manufactured home community or not, the owner of the HUD-code manufactured home may remove the HUD-code manufactured home from its location and place another HUD-code manufactured home on the same property, provided that the replacement is a newer HUD-code manufactured home, and is at least as large in living space as the prior HUD-code manufactured home. Except in the case of a fire or natural disaster, the owner of the HUD-code manufactured home is limited to a single replacement of the HUD-code manufactured home on the same property.
See
§ 6.12: MH - Manufactured Home Subdivision District for complete, detailed information.