Town of Oakland
Mobile/Manufactured Home and Mobile/Manufactured Home Park Ordinance # 2019-01
Adopted June 13, 2019
The Town Board of Oakland Township, County of Burnett, State of Wisconsin does ordain and enact as follows:
Section 1: Statutes Adopted
The provisions of 1999 Wis. State Statues 66.0435 are hereby adopted by reference, except as hereinafter amended.
Section 2: Definitions
(a) “Licensee” means any person licensed to operate and maintain a mobile/manufactured home park under this section.
(b) “Licensing Authority” means the Town Board of the Town of Oakland.
(c) “Park” means mobile/manufactured home park.
(d) “Person” means any individual, form, trust, partnership, association, or corporation.
(e) “Mobile home” is a vehicle manufactured or assembled prior to June 15, 1976, designed to be towed as a single unit or in sections on a highway by a motor vehicle and equipped and used, or intended to be used, primarily for human habitation, with walls of rigid non-collapsible construction. Within this ordinance, “Mobile home” includes a structure which has been certified as a manufactured home as defined under Section 2, part (f) of this ordinance.
(f) “Manufactured home” is a structure which has been certified and labeled as a manufactured home by the U.S. Department of Housing and Urban Development, or which has been labeled as a manufactured home under Section 101.90-101.96. Wisconsin State Statutes and Chapter ILHR 27 of the Wisconsin Administrative Code.
(g) “Unit” means a mobile/manufactured home unit.
Section 3: Mobile/Manufactured Home Parks
(a) It shall be unlawful for any person to establish, operate, or maintain, or permit to be established, operated, or maintained upon any property owned, leased, or controlled by said person, a mobile/manufactured home park within the limits of the Town of Oakland, without having first obtained a license for each such mobile/manufactured home park from the Town Board pursuant to this ordinance. Such licenses shall expire on January 1st of each year but be renewed under the provisions of this ordinance for additional periods of one year.
(b) The application for each license or the renewal thereof shall be filed with the Town Clerk and shall be accompanied by a fee of $25.00.
(c) Accompanying and to be filed with an original license application for any new mobile/manufactured home park shall be plans and specifications which shall be in compliance with all applicable state, county, city, and town ordinances and regulations as well as provisions of the State Board of Health. The Clerk of the Town of Oakland, after approval of the application by the Town Board, shall issue the license.
(d) The Town Treasurer, following approval of a transfer of license by the Town Board of the Town of Oakland, shall collect, from the transferee, a transfer fee in the amount of $25.00 for the transfer of said license.
(e) All new mobile/manufactured home parks or additions to existing mobile/manufactured home parks in the Town of Oakland shall comply with Section 6.6 Mobile/Manufactured Home Parks, of the Burnett County Land Use Ordinance.
Section 4: Mobile/Manufactured Homes Placed Outside of a Mobile/Manufactured Home Park
(a) Any person who intends to move a non-exempt mobile/manufactured home into the jurisdiction of the Town of Oakland, and which will be parked outside of a “mobile/manufactured home park” is hereby required to make an application for a building permit. The cost for such a permit is set by the Burnett County Office of Land Use.
(b) If a mobile/manufactured home is moved from one location to another with the town but outside of a mobile/manufactured home park, an application for a new building permit is required before the unit is moved.
(c) All mobile/manufactured homes moved into the Town of Oakland shall comply with Section 6.5 Single Mobile/Manufactured Homes of the Burnett County Land Use Ordinance.
Section 5: Mobile/Manufactured Home Construction Standards.
All non-exempt mobile/manufactured home units that are moved into the Town of Oakland shall be manufactured homes. The owner of the manufactured home shall provide written proof to the Town Board or its designee that the mobile/manufactured home meets the construction standards of the U.S. Department of Housing and Urban Development as evidenced by a H.U.D. seal or stamp affixed to the mobile/manufactured home.
Section 6: Monthly Parking Permit Fees
The monthly parking permit fee is applicable to all non-exempt mobile/manufactured homes moving into the Town of Oakland tax district any time during the year.
(a) For non-exempt mobile/manufactured homes located in a park, the park operator shall furnish information to the town clerk and the assessor on mobile/manufactured homes added to the park within 5 days after their arrival, on forms prescribed by the Department of Revenue. The monthly parking fee shall be determined in accordance with Wis. State Statutes 66.0435(3). It shall be the full and complete responsibility of the licensee to collect the proper amount from each mobile/manufactured homeowner. Said fee shall be paid to the Town Treasurer on or before the tenth day of the month following the month for which such fees are due, in accordance with the terms of this ordinance, and such regulations as the Town Treasurer shall reasonably declare.
(b) For a non-exempt mobile/manufactured home located outside of a mobile/manufactured home park, the owner of the land on which it stands shall furnish information to the town clerk and the assessor within 5 days after its arrival on forms prescribed by the Department of Revenue. The monthly parking fee shall be determined in accordance with Wis. State Statutes 66.0435(3). The owner of the land shall transmit to the town treasurer on or before January 10 and on or before July 10 all fees owed for the 6 months ending on the last day of the month preceding the month when the payment is required, in accordance with the terms of this ordinance, and such regulations as the Town Treasurer shall reasonably declare.
(c) A new monthly parking fee and a new valuation shall be effective each January and shall continue for that calendar year.
Section 7: Variance
Any person seeking a variance from the terms of this ordinance may request a copy of the Town’s policy from the appropriate town official.
Section 8: Penalties
(a) Any person, firm or corporation who violates any provision of this ordinance shall not have a mobile/manufactured home park license renewed the following year unless the violation is remedied and any punitive fees are paid.
(b) In addition, any mobile park license fee, parking permit fee, or additional fees set by the Township not paid when due creates a lien in favor of the Town of Oakland in the delinquent amount upon the real estate parcel where such mobile/manufactured home park or mobile/manufactured home is situated at the time when the liability for such fee was incurred, effective as of the first day of the month for which such fee is levied. The licensing authority shall provide that all such license or permit fees not paid when due shall be extended upon the tax roll as delinquent tax against the parcel where such mobile/manufactured home park or mobile/manufactured home is or was situated at the time when liability for such fee was incurred, and all proceedings in relation to the collection, return and sale of property for delinquent real estate taxes shall apply to such delinquent license or permit fee.
Section 9: Revocation or suspension
The Town Board of Oakland is hereby authorized to revoke or suspend any license or permit pursuant to the terms of this ordinance.
Section 10: Non-exclusivity
(a) Adoption of this ordinance does not preclude the Town Board of Oakland from adopting any other ordinance or providing for the enforcement of any other law or ordinance relating to the same or other matter.
(b) The issuance of a citation hereunder shall not preclude the Town Board of Oakland or any authorized office from proceedings under any other ordinances or law or enforcement method to enforce any ordinance, regulation, or order.
Section 11: Severability
If any provision of this ordinance is invalid or unconstitutional, or if the application of this ordinance to any person or circumstance is invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the provisions or applications of this ordinance which can be given effect without the invalid or unconstitutional provision or application.
Section 12: Effective Date
This ordinance shall take effect upon its passage and publication or posting as provided by law and all ordinances or parts of ordinances inconsistent with or contrary hereto are hereby repealed, except nothing in this ordinance shall be interpreted so as to conflict with any State Laws or orders regulating mobile/manufactured homes or mobile/manufactured home parks or any of the requirements of any ordinance of the Town of Oakland not mentioned or made inapplicable by express terms of this ordinance.
Adopted the 13th day of June, 2019 Filed: ____/_____/_________