Ord 2013-035/Amending Chapters 1 through 8 of the Land Development Code to implement the changes made through Ord 2013-16 which adopted the comprehensive plan

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Subpart B - LAND DEVELOPMENT CODE Chapter 1 - DEVELOPMENT PROCEDURES ARTICLE 9: - CONSTRUCTION PERMITS DIVISION 6: - MANUFACTURED /MOBILE HOME PARKS /RECREATIONAL VEHICLE PARKS (d) Inspection of Register. The department, the Environmental Health Department, the Fire Chief, Fire Marshal, and the Police Chief shall have the power and authority in discharging their official duties to inspect the register containing a record of all residents of the mobile home or manufactured housing park. (e) Duty of Occupants. Every occupant of a mobile home or manufactured housing park shall give the park owner or the owner's agent or authorized employee access to any part of the park at reasonable times for the purpose of making repairs or alterations as are necessary to effect compliance with this Article. (f) Recreational Vehicles. Recreational vehicles, as defined in Chapter 8, are prohibited in mobile home parks and manufactured housing parks. (0i- ",lo 200(3 4"5, § 21, 9 19 0(33 Oi-d I ",lo. 2009 73, § 12 sl id 1.4i9) Section 1„ ...6„ 4 ,,. I Notlices, lll learlings and it it (a) Violation Notice. Whenever it is determined that there are grounds to believe that there has been a violation of Section 1.9.6.3, the City shall give notice of the alleged violation to the individual mobile or manufactured home owner (if applicable) and to the manufactured housing park owner or agent, as provided in this section. The notice shall: (1) Be in writing; (2) Include a statement of the reasons for its issuance; (3) Allow a reasonable time for the performance of the act it requires; (4) Be served upon the park owner or the owner's agent, provided that the notice or order shall be deemed to have been properly served upon the park owner or agent when a copy thereof has been sent by mail to the owner's or agent's last known address or when the owner or agent has been served with the notice by any method authorized or required by State law; and (5) Contain an outline of remedial action which, if taken, will effect compliance with this Article. (b) Appeal from Notice. Any person affected by any notice issued in connection with the enforcement of any section of this Article applicable to a mobile home or manufactured housing park by the City may request and shall be granted a hearing on the matter before the municipal court judge, provided that the person shall file within ten days after the day the notice was served, in the offices of the municipal court, a written petition requesting the hearing and setting forth a brief statement of the grounds therefor. The filing of the request for a hearing shall operate as a stay of the notice and of the suspension, except for an order issued under Section 6.8.1.5. Upon receipt of the petition, the municipal court judge will set a time and place for the hearing and give the petitioner written notice thereof. At the hearing, the petitioner will be given an opportunity to be heard and to show why the notice should be modified or withdrawn. (c) Hearing, Order. After the hearing, the judge shall issue an order in writing sustaining, modifying or withdrawing the notice, which will be served as provided in subsection (a) of this Section. Upon failure to comply with an order of the judge sustaining or modifying a decision thereof, the department will take whatever action necessary to enforce this Article. (d) Order Without Notice. Whenever the municipal court judge finds that an emergency exists which requires immediate action to protect the public health or safety, the judge may, without notice or hearing, issue an order reciting the existence of the emergency. Notwithstanding any other section of this Article, this order shall be effective immediately. Any person to whom the order is directed shall comply therewith immediately, but upon written petition to the City shall be afforded a hearing as soon as possible. Subsection (b) and (c) of this Section shall be applicable to the hearing and the order issued thereafter. San Marcos, Texas, Code of Ordinances Page 125