Fort Jones Municipal Code Ch. 15.04 Occupancy of Mobile Homes, Trailers or Recreational Vehicles

The following words, terms and phrases, when used in this title, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Manufactured home, moveable vehicle, trailer and recreational vehicle means any motor home, 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 manufactured home, trailer or recreational vehicle as a place of human habitation or as a dwelling, when used by one or more individuals or a family for living and sleeping.

(Code 1987, § 15.16.080)

(a) No permit shall be required for the occupation of a moveable vehicle for less than 21 days, provided that, in the discretion of the building official, health, safety and sanitation requirements of the town 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 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 town limits for a time period exceeding 21 days within any 365-day period.

(c) Nothing herein shall authorize the occupancy of an automobile for any period.

(Code 1987, § 15.16.090)

(a) Applications for temporary occupancy permits, when required, shall be submitted to the town 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 only when all of the following conditions are met:

(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) The manufactured home, trailer or recreational vehicle will, at all times, be connected to the approved permanent water supply and sewage disposal facility;

(4) The building permit and temporary occupancy permit holder shall agree in writing to hold the town 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 manufactured home, trailer or recreational vehicle, but in no event less than $250.00.

(Code 1987, § 15.16.100)

(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 manufactured home, trailer or recreational vehicle shall be removed from the parcel within 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.

(Code 1987, § 15.16.110)

(a) The deposit or bond required by section 15.04.030(b)(5) shall be refunded upon the removal of the manufactured home, 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 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 manufactured home, 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 30 days from the suspension or revocation of the permit or the related building permit, the deposit may be applied by the town to the actual cost of removal and any storage or related fees incurred by the town. Any costs reasonably incurred by the town not covered or satisfied by the deposit shall be paid to the town as a condition of recovery of possession of the manufactured home, trailer or recreational vehicle.

(Code 1987, § 15.16.120)

The fee for temporary occupancy permits shall be $75.00 per each three-month period provided for in the term of permit. The town council may increase such fees as deemed necessary in the future by resolution.

(Code 1987, § 15.16.130)

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 town clerk. The planning commission shall hear and decide any appeal at the next regularly scheduled commission meeting to be held more than 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.

(Code 1987, § 15.16.140)

Notwithstanding any other provisions of this article, any violation of this article or any modification thereto, shall be punishable as an infraction.

(Code 1987, § 15.16.150)