ARTICLE IV Manufactured Housing
The following terms, when used in this chapter, shall have the meanings respectively ascribed to them:
Dependent mobile home: A mobile home which does not have sewer and water connections to accommodate a flush [water] closet, a tub or shower, and a lavatory or sink within the unit.
Dwelling: A building having accommodations for and occupied by not more than one (1) family.
Independent manufactured housing: Manufactured housing which has approved sewer and water connections to accommodate a flush water closet and a tub or shower, and a lavatory or sink within the unit.
Mobile home: A structure that was constructed before June 15, 1976, transportable in one (1) or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems.
Manufactured housing or manufactured home: An HUD-code manufactured home or a mobile home, and collectively means and refers to both.
HUD-code manufactured home: A structure, constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one (1) or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems. The term does not include a recreational vehicle as that term is defined by 24 C.F.R. Section 3282(g).
Mobile home park: Any lot, tract or parcel of land used in whole or part for the parking of mobile homes, which mobile homes are used as, or to be used as, temporary or permanent dwellings or sleeping places for one (1) or more persons by the day or week, or for a longer period of time with or without compensation, and where parking facilities are provided for one (1) or more automobiles and mobile homes to be used for temporary or permanent dwellings. "Mobile home court" shall be synonymous therewith.
Owner: Any person who has the control, direction, maintenance or supervision of a mobile home park.
Unit plot: That space of ground set aside and permanently marked off and designated on the manufactured housing park site plan for occupancy by one (1) manufactured housing, or the space or plot of ground actually occupied by manufactured housing in a mobile home park.
(Ord. No. 5059, § 1, 12-15-92)
All mobile homes which have any of the following defects shall be deemed "dangerous mobile homes":
(1) Those of which interior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base.
(2) Those which, exclusive of the foundation, show thirty-three (33) per cent or more of damage or deterioration of the supporting member or members, or fifty (50) per cent of damage or deterioration of the nonsupporting enclosing or outside walls or covering.
(3) Those which have improperly distributed loads upon the floors or roofs or in which the same are overloaded, or which have insufficient strength to be reasonably safe for the purpose used.
(4) Those which have been damaged by fire, wind or other causes so as to have become dangerous to life, safety, morals or the general health and welfare of the occupants or the people of the city.
(5) Those which have become or are so dilapidated, decayed, unsafe, unsanitary or which so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation, or are likely to cause sickness or disease, so as to work injury to the health, morals, safety or general welfare of those living therein.
(6) Those having light, air and sanitation facilities which are inadequate to protect the health, morals, safety or general welfare of human beings who live or may live therein.
(7) Those having inadequate facilities for egress in case of fire or panic.
(8) Those which have parts thereof which are so attached that they may fall and injure members of the public or property.
(9) Those which, because of their condition, are unsafe, unsanitary, or dangerous to the health, morals, safety or general welfare of the people of this city.
(10) Those existing in violation of any provision of the building, fire, gas, mechanical and electrical provisions of this Code.
(Ord. No. 5059, § 1, 12-15-92)
The following standards shall be followed in substance by the code compliance manager or his authorized designee and the building advisory and appeals board in ordering repair, vacation or demolition of manufactured housing:
(1) If the dangerous manufactured housing can reasonably be repaired so that it will no longer exist in violation of the terms of this article, it shall be ordered repaired.
(2) If the dangerous manufactured housing is in such condition as to make it dangerous to the health, morals, safety or general welfare of its occupants, it shall be ordered to be vacated.
(3) In any case where dangerous manufactured housing is fifty (50) per cent damaged or decayed, or deteriorated from its original value or structure, it shall be demolished; and in all cases where a manufactured housing cannot be repaired so that it will no longer exist in violation of the terms of this article, it shall be demolished. In all cases where dangerous manufactured housing is a fire hazard existing in violation of the terms of this Code or any ordinance of the city or statute of the state, it shall be demolished.
(Ord. No. 5059, § 1, 12-15-92)
All dangerous manufactured housing, within the terms of this article, are hereby declared to be public nuisances, and shall be repaired, vacated or demolished as hereinabove and hereinafter provided.
The code compliance manager or his authorized representative shall:
(1) Inspect or cause to be inspected, at their discretion, all manufactured housing or mobile home parks for the purpose of determining whether any conditions exist which render such places dangerous manufactured housing within this article.
(2) Inspect any manufactured housing about which complaints are filed by any person to the effect that it may be existing in violation of this article.
(3) Inspect any manufactured housing reported (as hereinafter provided for) by the fire or police departments of this city as probably existing in violation of the terms of this article.
(4) Inspect manufactured housing in the city to determine whether it is dangerous manufactured housing within the terms of section 29-46.
(5) Report all manufactured housing found by them to be dangerous manufactured housing to the building advisory and appeals board, and upon authorization of the building advisory and appeals board, notify, in writing, the owner, occupant, lessee, mortgagee, agent, and all other persons having an interest in said building, as shown by the land records of the county clerk, of any building found by such inspector to be a dangerous manufactured housing within the standards set forth in this article, that:
a. The owner must vacate or repair or demolish said manufactured housing in accordance with the terms of the notice and this Code;
b. The occupant or lessee must vacate said manufactured housing or may have it repaired in accordance with the notice and remain in possession;
c. The mortgagee, agent or other persons having an interest in said manufactured housing as shown by the land records of the county clerk may, at such person's own risk, repair, vacate or demolish said manufactured housing or have such work or act done; provided, that any person notified under this section to repair, vacate or demolish any manufactured housing shall be given such reasonable time, not exceeding thirty (30) days, as may be necessary to do, or have done, the work required by said notice.
(6) Set forth in the notice provided for in this section, a description of the manufactured housing deemed unsafe, a statement of the particulars which made the manufactured housing "dangerous manufactured housing" and an order requiring the same to be put in such condition as to comply with the terms of this article within such length of time, not exceeding thirty (30) days, as is reasonable.
(7) Report to the chairman of the building advisory and appeals board any noncompliance with the "notice" provided for herein.
(8) Appear at all hearings conducted by the building advisory and appeals board, and testify as to the condition of the dangerous manufactured housing.
(9) Upon authorization of the city council as hereinabove set out, place a notice on all dangerous manufactured housing reading as follows: "This manufactured housing has been found to be dangerous manufactured housing by the code compliance manager or his authorized representative. This notice is to remain on this manufactured housing until it is repaired, vacated or demolished in accordance with the notice which has been given the owner, occupant, lessee, mortgagee, or agent of this manufactured housing, and all other persons having an interest in said manufactured housing, as shown by the land records of the County Clerk of Dallas or Tarrant County. It is unlawful to remove this notice until such notice is complied with."
(Ord. No. 5059, § 1, 12-15-92)
The employees of the fire department shall make a report in writing to the code compliance manager or his authorized designee of all mobile homes which are, may be, or are suspected to be dangerous mobile homes within the terms of this article. Such reports must be delivered to the code compliance manager or his authorized representative as soon as practicable after the discovery of such manufactured housing by any employee of the fire department.
(Ord. No. 5059, § 1, 12-15-92)
All employees of the police department shall make a report in writing to the code compliance manager or his authorized designee of any manufactured housing which is, may be, or is suspected to be dangerous manufactured housing within the terms of this article. Such reports must be delivered to the code compliance manager or his authorized designee as soon as practicable after the discovery of such manufactured housing by any employee of the police department.
(Ord. No. 5059, § 1, 12-15-92)
The building advisory and appeals board shall:
(1) Upon receipt of a report of the code compliance manager or his authorized designee, as provided for in this article, give written notice to the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said manufactured housing, as shown by the land records of the county clerk, to appear before the building advisory and appeals board on the date specified in the notice to show cause why the manufactured housing reported to be dangerous manufactured housing should not be repaired, vacated or demolished in accordance with the statement of particulars set forth in the code compliance manager's or his authorized designee's notice provided for herein in section 29-49(6).
(2) Hold a hearing and hear such testimony as the code compliance manager or his authorized designee, or the owner, occupant, mortgagee, lessee or any other person having an interest in said manufactured housing, as shown by the land records of the county clerk, shall offer relative to the dangerous manufactured housing.
(3) Make written findings of fact from the testimony offered pursuant to subsection (2) as to whether or not the manufactured housing in question is dangerous manufactured housing within the terms of this article.
(4) Issue an order based upon findings of fact made pursuant to subsection (3) commanding the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said manufactured housing, as shown by the land records of the county clerk, to repair, vacate, or demolish any manufactured housing found to be dangerous manufactured housing within the terms of this article, and provided that any person having an interest in said manufactured housing, as shown by the land records of the county clerk, may demolish said dangerous manufactured housing at such person's own risk to prevent the acquiring of a lien against the land upon which said dangerous manufactured housing stands by the city as provided in subsection (5) hereof.
(5) If the owner, occupant, mortgagee, or lessee fails to comply with the order provided for in subsection (4) hereof, within ten (10) days, the building advisory and appeals board shall cause such manufactured housing to be repaired, vacated, or demolished as the facts may warrant, under the standards hereinbefore provided for in section 29-52, and shall, with the assistance of the city attorney, cause the costs of such repair, vacation, or demolition to be charged against the land on which the manufactured housing existed as a municipal lien or cause such costs to be added to the tax roll as an assessment, or to be levied as a special tax against the land upon which the manufactured housing stands or did stand, as provided by this article, or to be recovered in a suit at law against the owner; provided, that in cases where such procedure is desirable and any delay thereby caused will not be dangerous to the health, morals, safety or general welfare of the people of this city, the building advisory and appeals board shall notify the city attorney to take legal action to force the owner to make all necessary repairs or demolish the manufactured housing.
(6) Report to the city attorney the names of all persons not complying with the order provided for in subsection (4) of this section.
(Ord. No. 5059, § 1, 12-15-92)
The city attorney shall:
(1) Prosecute all persons failing to comply with the terms of the notices provided for in this article, section 29-49(5) and (6) and the order provided for in section 29-52(4).
(2) Appear at all hearings before the building advisory and appeals board in regard to dangerous manufactured housing.
(3) Bring suit to collect all municipal liens, assessment, or costs incurred by the building advisory and appeals board in repairing or causing to be vacated or demolished dangerous manufactured housing.
(4) Take other such legal actions as is necessary to carry out the terms and provisions of this article.
(Ord. No. 5059, § 1, 12-15-92)