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HomeMy WebLinkAboutOrdinance No. 98-11 r"\ 1"""'\ ORDINANCE NO. 98-11 AN ORDINANCE AMENDING CHAPTER 50 OF THE CITY OF FRIENDSWOOD CODE OF ORDINANCES BY DELETING THE PRESENT DEFINITION OF MOBILE HOME AND REPLACING IT IN ITS ENTIRETY WITH A NEW DEFINITION; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE IMPOSITION OF A PENALTY NOT TO EXCEED $2,000 PER DAY; AND PROVIDING FOR OTHER RELATED MATTERS. * * * * * * * * * WHEREAS, it has come to the attention of the City Council of the City of Friendswood, Texas (the "City"), that unregulated Manufactured Homes can be dangerous and constitute a hazard to life and property; and WHEREAS, it is in the best interest of the City that the health, safety and general welfare of the City be promoted by preventing the overcrowding of land through planned and orderly growth of the City, and an undue concentration of the population be avoided; and WHEREAS, the City Council of the City of Friendswood finds it to be in the best interests of the public safety, health and general welfare to regulate the location of Manufactured Homes, within the City, and WHEREAS, the City Council of the City of Friendswood finds that to regulate in accordance with state and federal laws, it is necessary to update certain provisions of its Manufactured Homes regulations; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: FWD/LEA VESLEY PARK.ORD/04/15/98 Section 1. That Chapter 50, Article II, Section 50-26 is hereby amended by striking the definition of "Mobile Home" which provides: [Mobile home means a portable vehicle constructed on a chassis and which has been designed so that it may be occupied and used without a permanent foundation. For the purpose of this article, a "mobile home" shall mean a single-family dwelling unit suitable for year-round occupancy and which has provision for electrical and water connections and which provides for waste disposal in compliance with the plumbing code requirements for dwellings. Such vehicle shall be eligible for registration and licensing by the state for operation on the public streets and highways.] and substituting therefore the following: Manufactured Home: A structure constructed on or after June 15, 1976, according to the rules of the United States Department of Housin� and Urban Development transportable in one or more sections, which, in the traveling mode is eight feet (8') or more in width or forty feet (40') or more in length, or when erected on site, is 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. A structure described bv this paragraph shall be allowed for placement only in a Mobile Home Park or a Mobile Home Subdivision, zoned MHR in accordance with the Citv's Zonin� Ordinances. Any structure not described bv this paragraph shall not be allowed for placement in a Mobile Home Park, nor anvwhere else in the Citv Section 2. Except as otherwise herein expressly amended, all other provisions of Chapter 50 of the Code of Ordinances of the City of Friendswood, Texas remain unchanged and in full force and effect. Section 3. Any person who shall violate any provision of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed $2,000. Each day of violation shall constitute a separate offense. FWD/LEAVESLEY PARK.ORD/04/15/98 2 Section 4. In the event any clause, phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Friendswood, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, whether there be one or more parts. PASSED AND APPROVED on first reading this 6th day of April � 1998. PASSED, APPROVED, AND ADOTED on second and final reading this 20th day of April , 1998. Harold L. Whitaker Mayor ATTEST: , Deloris McKenzie, T C City Secretary Motion: Tom Manison 2nd: Mel Austin Approved: Unanimously FWD/LEAVESLEY PARK.ORD/04/15/98 3