HomeMy WebLinkAboutOrd 87 Prohibiting mobile homes and mobile home trailer parksNo' d
AN ORDINANCE BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, MAKING IT UNLAWFUL FOR ANY PERSON TO LIVE IN OR HAVE
A MOBILE HOME WITHIN THE CITY LIMITS; PROHIBITING MOBILE
HOME TRAILER PARKS; DEFINITIONS; DECLARATION OF SAME TO BE
A PUBLIC NUISANCE; EXEMPTION; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF WESTLAKE, TEXAS -
SECTION I.
That an ordinance be passed outlawing mobile home trailer
parks and mobile homes within the city limits and the same
shall hereafter be and read as follows:
ARTICLE I. DEFINITIONS.
(1) "Town", is the Town of Westlake, Texas.
(2) "Person" means any individual, partnership, firm,
association, corporation or other legal entity,
or agent or servant thereof.
(3) "Camper" is a mobile living unit designed to be
mounted upon and conveyed by another vehicle.
No camper unit shall be occupied within. the Town
without first securing a permit from the Town
Secretary.
(4) "Travel Trailer" is a mobile home not exceeding
eight feet in width nor more than thirty three
feet in length. No travel trailer shall be oc-
cupied within the Town without first securing a
permit from the Town Secretary.
(5) "Mobile Home" is a dwelling unit, factory built
and factory assembled, designed for conveyance
after fabrication, on streets and highways on
its own wheels or on flat bed or other trailers,
and arriving at the site where it is to be oc-
cupied as a dwelling unit complete and ready for
occupancy, except for minor and incidental un-
packing ,and assembly operations such as locating
on jacks or other foundation, or connection to
utilities. A prefabricated home or structure
shall not be included in the definitions.
(b) "Mobile Home Park'' shall mean any lot, tract or
parcel of land used in whole or part for the park-
ing of house trailer, used for or to be used as a
temporary or permanent dwelling or sleeping place
for one or more persons by the day or week, or for
longer period of time with or without compensation
and where parking facilities are provided for one
or more automobiles and house trailers to be used
for temporary or permanent dwellings.
ARTICLE II. MOBILE HOMES & MOBILE HOME TRAILER PARKS
UNLAWFUL.
No mobile home shall be placed, parked or permitted for
residential purposes upon any land within the Town limits. It
shall be unlawful to operate a mobile home trailer park within
the Town limits. Campers and travel trailers may be placed,
parked or stared upon property provided they are not placed
or stored in the front yard of a residential lot or side
yard of a residential lot .facing a street on a corner, and
are not used for residential purposeg.
ARTICLE III. EXEMPTIONS.
(A) Any mobile home existing and occupied at the time
of the passage of this ordinance is exempt from the terms
of the ordinance, but if a mobile home is moved it cannot
be replaced by another mobile home and if a mobile home is
unoccupied at the time of the passage of this ordinance, it
will be removed within thirty days. If the mobile home is
not removed within thirty days then the Town Secretary will
notify the owner by written notice sent by certified mail
that the mobile home must be removed and the owner and/or
occupant will have five days from receipt of the notice to
remove the mobile home. If it still remains, the Town will
make arrangements for the mobile home to be removed and the
costs involved will be charged against the owner and/or occu-
pant.
(B) The above provisions of Article II shall have no
application to those trailers which are placed. on a lot or
lots temporarily for construction purposes to be used as a
construction site office, but such office may not be main-
tainod as a residence.
(C) The above provisions of Article II shall have no
application to those house trailers which are placed on a lot
or lots to be used as a temporary residence, for a period
not to exceed 12 months after the burning or destruction by
an Act of God of the permanent residence on the same lot or
lots, said destruction to be to the extent that said perma-
nent residence is rendered uninhabitable, and said temporary
use of a house trailer shall be only after approval of the
Town Council of the Town of Westlake, Texas.
(D) The above provisions of Article Il shall have no
application to those house trailers to be placed on a lot
to be used as a temporary residence, not to exceed one year,
for the sole purpose of construction of a new house; pro-
vided said applicant provides the Town Council with proof
of committment for construction. The said temporary use of
house trailer shall be only after approval of the Town
Council of the Town of Westlake.
ARTICLE IV. PENALTY.
That the violation of any provision of this ordinance
shall be deemed an offense punishable by a fine not ex-
ceeding Two Hundred ($200,00) Dollars, and each violation
thereof shall be and is hereby deemed to be a. distinct and
separate offense and punished as such.
SECTIONII.
Tt is hereby declared to be the intention of the Town
Council that the sections, paragraphs, sentences, clauses
and phrases of this ordinance are severable, and if any
phrase, clause, sentence, paragraph or section, of this or-
dinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the re-
maining phrases, clauses, sentences, paragraphs and sections
of this ordinance since the same would h.ave been enacted by
the Town Council without the incorporation in this ordinance
of any such unconstitutional phrase, clause, sentence, par-
agraph. or section.
SECTION III.
That this ordinance shall be in full force and effect
days from and after its passage
PASSED AND APPROVED this the GV,"�_ day of
A. D. 1974.
ATTEST:
TOWN SECRFiARY
TOWN OF WESTLAKE, TEXAS
HOWARD DUDLEY, MAYOR
TOWN OF WESTLAKE, TEX
APPROVED AS TO LEGAL FORM:
TOWN ATTORNEY
TOWN OF WESTLAKE, TEXAS