Colfax Municipal Code Art. III Regulation of Temporary Occupancy of Manufactured Homes, Trailers or…

Footnotes:

--- (5) ---

Editor's note— Ord. No. 531, § 1(Exh. C), adopted Jan. 11, 2017, changed the title of Art. III from "Regulation of temporary occupancy of mobilehomes, trailers or recreational vehicles" to "Regulation of temporary occupancy of manufactured homes, trailers or recreation vehicles".

For the purpose of this article, unless otherwise apparent from the context, certain words and phrases used, in this article are defined as follows:

"Moveable vehicle," "trailer" and "recreational vehicle" means any motorhome, trailer, travel trailer, tent trailer, fifth wheel trailer, camp car, van or van conversion, camper shell or unit (whether or not it is truck mounted) or other similar vehicles (motorized or not) not built or intended for permanent fixed situs occupancy.

"Occupation" or "occupancy" means the use of a mobilehome, trailer or recreational vehicle as a place of human habitation or as a dwelling, when used by one or more individual or family for living and sleeping.

(Prior code § 8-7.01)

(Ord. No. 531, § 1(Exh. C), 1-11-2017)

A. No permit shall be required for the occupation of a moveable vehicle for less than twenty-one (21) days; provided, that in the discretion of the building official, health, safety and sanitation requirements of the city are met and that a nuisance to surrounding properties is not created. In the event the building official determines a temporary occupancy for less than twenty-one (21) days violates health, safety or sanitation ordinances or regulations or a nuisance is created for surrounding properties he or she shall take action or refer the matter for appropriate corrective action pursuant to other provisions of this code.

B. A permit shall be required for occupation of a moveable vehicle on a site or sites, on public or private property, within city limits for a time period exceeding twenty-one (21) days within any three hundred sixty-five (365) day period.

C. Nothing herein shall authorize the occupancy of an automobile for any period.

(Prior code § 8-7.02)

A. Applications for temporary occupancy permits, when required, shall be submitted to the city building official and shall be granted only upon review and consideration of the following:

1. Compliance with health and safety regulations;

2. Potential for disturbance to adjacent property uses;

3. The applicant's justification for the request; and

4. The specific length of time of proposed occupancy.

B. The building official may issue a temporary occupancy permit for the following conditions:

1. When for construction-related temporary occupancy, a building permit for a permanent dwelling or building has been issued;

2. The proposed temporary siting does not violate any valid existing deed restrictions or applicable covenants, conditions or restrictions (CC&Rs) of record;

3. Reserved.

4. The building permit and temporary occupancy permit holder shall agree in writing to hold the city harmless for any damages or injuries which may result from the approval of a temporary occupancy permit;

5. The applicant shall deposit a bond or cash amount equal to the cost of removal of the mobilehome, trailer or recreational vehicle, but in no event less than two hundred fifty dollars ($250.00).

(Prior code § 8-7.03)

(Ord. No. 531, § 1(Exh. C), 1-11-2017)

A. Temporary occupancy permits shall not exceed the following periods:

1. For non-construction-related temporary occupancy, three months, with no more than three renewals upon approval by the building official and payment of the fees for each renewal;

2. For construction-related temporary occupancy, a maximum of one year, provided that after issuance, the building permit shall be maintained in a current status. In the event that the building permit expires or is suspended or revoked, any mobilehome, trailer or recreational vehicle shall be removed from the parcel within thirty (30) days and occupancy shall immediately terminate. Any building permit extension or reapplication may not include a temporary occupancy permit for the same use previously granted.

B. If, in the opinion of the building official, the terms and conditions of a temporary occupancy permit are violated, the building official may suspend or revoke the permit.

(Prior code § 8-7.04)

A. The deposit or bond required by Section 15.16.100(B)(5) of this chapter shall be refunded upon the removal of the mobilehome, trailer or recreational vehicle from the site for which a temporary permit has been issued on or before the date of the expiration of the permit or within thirty (30) days from the suspension or revocation of the permit or the related building permit, whichever date is sooner.

B. In the event that the mobilehome, trailer or recreational vehicle is not removed from the site for which a temporary occupancy permit has been granted at the expiration of the permit or within thirty (30) days from the suspension or revocation of the permit or the related building permit, the deposit may be applied by the city to the actual cost of removal and any storage or related fees incurred by the city. Any costs reasonably incurred by the city not covered or satisfied by the deposit shall be paid to the city as a condition of recovery of possession of the mobilehome, trailer or recreational vehicle.

(Prior code § 8-7.06)

Editor's note— Ord. No. 531, § 1(Exh. C), adopted Jan. 11, 2017, repealed § 15.16.130 in its entirety. Former 15.16.130 pertained to fees and derived from prior code § 8-7.07.

Any decision of the building official pursuant to this article may be appealed to the planning commission by any applicant for or holder of a temporary occupancy permit or other party adversely affected by such decision by the filing of a written notice of appeal stating the grounds for the appeal with the building official or city clerk. The planning commission shall hear and decide any appeal at the next regularly scheduled commission meeting to be held more than seventy-two (72) hours following the filing of a notice of an appeal. A copy of the notice of appeal shall be given to the permit holder by personal service or certified mail if the appeal is filed by any other party. The filing of an appeal shall not stay the suspension or revocation of a temporary occupancy permit.

(Prior code § 8-7.08)

Notwithstanding any other provisions of this article, any violation of this article or any modification thereto, shall be punishable as an infraction, as provided in Chapter 1.24 of this code.

(Prior code § 8-7.09)