The Village Board of Trustees finds:

   A.   Housing options within the Village have included manufactured homes for the last sixty (60) years;

   B.   While many manufactured homes are contemporary, there are a significant number of older structures still being occupied by our residents;

   C.   Industry standards over the last few decades have enhanced safety regulations; and

   D.   It is paramount to the safety of occupants that inspections prior to the resale of existing manufactured homes ascertain compliance with applicable manufactured home regulations. (Ord. 18-10, 5-14-2018; amd. Ord. 22-04, 4-11-2022)

Unless the context clearly requires otherwise, the words and phrases set forth in this Chapter shall have the meanings set forth in this section:

 

   A.   Application And Interpretation: Nothing in this Chapter shall be construed to include the State Park of Illinois, and the term "Manufactured Home Community" shall not be construed to include buildings, tents, or other structures maintained by any individual or company on their own premises and used exclusively to house their own farm labor, or any military establishment of the United States or of this State where a travel trailer or manufactured home may be located or harbored.

   B.   Compliance Required: Each Manufactured Home Community licensed or to be constructed under the provisions of this Chapter shall be operated and maintained in accordance with the requirements of this Chapter.

   C.   Code Adopted: The Village of Hodgkins has adopted the regulations of the Illinois Department of Public Health, Manufactured Homes Part 860 and known as the Manufactured Home Community Code.

The Building Official, Village Code/Life Safety Officer, and Pleasantview Fire Protection District are authorized to perform necessary inspections in order to assure compliance with the provisions adopted herein. Any violations shall be subject to fines up to five hundred dollars ($500.00) per occurrence. (Ord. 18-10, 5-14-2018; amd. Ord. 22-04, 4-11-2022)

   A.   License required; Term: No person, firm, or corporation shall establish, maintain, conduct or operate a Manufactured Home Community without first obtaining a license therefore from the Village. "Conduct or operate a Manufactured Home Community," as used in this section, shall include, but not necessarily be limited to, supplying or maintaining common water, sewer, or other utility supply or service, or the collection of rents directly or indirectly from five (5) or more independent manufactured homes. Such license shall expire one (1) year from the date of issue, and a new license may be issued upon proper application and payment of the annual license fee, provided the applicant is in substantial compliance with the rules and regulations of the Village. The fee to be paid is stated pursuant to section 4-1A-1 of this code.

   B.   Construction Permit Required; Application; Fee; Term:

      1.   In order to obtain a permit to construct a Manufactured Home Community, the applicant shall file with the Village a written application and plan documents, and such plan documents shall be prepared by a registered engineer or architect licensed to practice in the State of Illinois, with registration seal affixed, setting forth:

         a.   The full name and address of the applicant or applicants or names and addresses of the partners if the applicant is a partnership or the names and addresses of the officers if the applicant is a corporation, and the present or last occupation of the applicant at the time of the filing of the application.

         b.   The location and legal description of the tract of land upon which the Manufactured Home Community is proposed to be operated and maintained.

         c.   The proposed and existing facilities in the Manufactured Home Community for water supply, sewage, garbage, waste disposal, and fire protection, and the proposed alterations therein and the maintenance thereof.

         d.   The proposed method of lighting, structures, and land upon which the Manufactured Home Community is to be located.

         e.   The plot plans of the Manufactured Home Community, building plans and specifications for existing buildings and facilities, and the plans and specifications for new buildings and facilities or the proposed alterations in existing facilities, all as may be required by the rules and regulations of the Village under the provisions of this Chapter.

         f.   A statement of the firefighting facilities, public or private, which are available to the Manufactured Home Community.

   C.   Issuance Or Denial Of License Or Permit:

      1.   Upon the receipt of an application for a permit to construct a Manufactured Home Community or an application for a license to operate and maintain the same, the Village shall, if the Community is, or the proposed Community will be, in conformity with this Chapter and the rules and regulations adopted by the Village pursuant hereto, issue a permit to construct or an original license, as the case may be. If the application for a permit to construct or a license is declined, the Village shall give the reasons therefore in writing to the applicant, and if the objections can be corrected, the applicant may amend his application and resubmit it for approval.

      2.   If a permit to construct a Community has been issued, the applicant, upon completion thereof, shall notify the Village. The Village shall then inspect the Community, and if completed in accordance with the accepted application, the Village shall issue a license.

      3.   No change in any sanitary facilities, methods of water supply, sewer, drainage, garbage, or waste disposal, and no change in the plot plan shall be made without first making a written application to the Village and receiving a written permit therefrom. Such application shall be made in the way and manner herein before set forth, except that a fee amounting to two hundred fifty dollars ($250.00) shall accompany each application for a permit to increase the size of a Community. No application fee shall be required to accompany an application for a permit to alter a Manufactured Home Community where such alteration involves only a reduction in the number of manufactured home spaces to a number less than that for which such Community is currently licensed.

      4.   The Village shall not issue any permit until the applicant receives written certification from the Village Board of Trustees that such Community is not in violation of any Zoning Ordinance. Further, the Village shall not issue a license to operate and maintain a Manufactured Home Community where any violation of a Village Ordinance or regulation exists.

   D.   License Fees:

      1.   In addition to the application fee provided herein, the licensee shall remit to the Village on or before January 1st of each year or at such other dates as the Village may designate an annual license fee of nine hundred dollars ($900.00).

      2.   The licensee shall pay the Village fifty dollars ($50.00) for each additional manufactured home space added to the Community under the authority of a written permit to alter the Community as provided in subsection B of this section, payment for which the additional manufactured home spaces are to be made and an amended license, therefore, obtained before any manufactured homes are accommodated on the additional manufactured home spaces. The Village shall issue an amended license to cover such additional manufactured home spaces when they are to be occupied before the end of the license year, for which an annual license has been previously issued.

      3.   Provided that subsequent to the effective date hereof, an applicant for an original license to operate a new Community constructed under a permit issued by the Village shall be required to pay a prorated fee based on the remaining months of the license year for the first year of operation.

      4.   Each license fee shall be paid to the Village, and any license fee or any part thereof, once paid to and accepted by the Village, shall not be refunded.

      5.   The Village shall deposit all funds received under this Chapter in the Village General Fund.

   E.   Display of License and Permit; Non-transferability of License: No person, firm, or corporation shall construct a Manufactured Home Community without first obtaining a permit to do so. All permits to construct, all licenses to operate, and all permits to make alterations therein shall be prominently displayed in the Community office. All licenses issued under this Chapter shall be nontransferable.

   F.   Revocation or Suspension of License: Any license granted hereunder shall be subject to revocation or suspension by the Village. However, the Village shall first serve or cause to be served upon the licensee a written notice in which shall be specified the way or ways in which such licensee has failed to comply with this Chapter or any rules or regulations promulgated by the Village pertaining hereto. The notice shall require the licensee to remove or abate any nuisance or unsanitary or objectionable condition specified in the notice within five (5) days or within a longer period of time as may be allowed by the Village. If the licensee fails to comply with the terms and conditions of the notice within the time specified or such extended period of time, the Village may revoke or suspend the license.

   G.   Notices And Hearings:

      1.   If the Village denies a permit to construct or alter a Community, denies a license or suspends or revokes a license, the Village shall give notice by registered mail to the Community Representative, operator, or the applicant, as the case may be, within fifteen (15) days of such decision. Any person refused a permit to construct or alter a Community or refused a license, or whose license is suspended or revoked shall have the right to a hearing before the Village. A written notice of a request for such a hearing shall be served upon the Village within twenty (20) days of the mailing of such refusal of a permit to construct or alter or refusal of a license or suspension or revocation thereof.

      2.   The hearing shall be conducted through its administrative adjudication hearing process by a Hearing Officer designated by the Village (hereinafter "Hearing Officer").

      3.   The Hearing Officer may compel, by subpoena or subpoena duces tecum, the attendance and testimony of witnesses and the production of books and papers, and administer oaths to witnesses. The hearing shall be conducted at such place as designated by the Village. The Village shall give written notice of the time and place of hearing, by registered mail, to the Community Representative, Community Operator, or license applicant, as the case may be, at least ten (10) days prior to such hearing.

      4.   The Hearing Officer shall permit the applicant or licensee to appear in person and to be represented by counsel at the hearing, at which time, the applicant or licensee shall be afforded an opportunity to present all relevant matter in support of his application for license or renewal of license or in resisting the revocation thereof.

      5.   In the event of the inability of any party or the Village to procure the attendance of witnesses to give testimony or produce books and papers, such party or the Village may take the deposition of witnesses in accordance with the provisions of the laws of the State. All testimony taken at a hearing shall be reduced to writing, and all such testimony and other evidence introduced at the hearing shall be a part of the record of the hearing.

      6.   The Hearing Officer shall make findings of fact in such hearing, and the Hearing Officer shall render his decision within thirty (30) days after the termination of the hearing unless additional time is required for a proper disposition of the matter.

      7.   Technical errors in proceeding before the Hearing Officer or his failure to observe the technical rules of evidence shall not constitute grounds for the reversal of any administrative decision unless it appears to the court that such error or failure materially affects the rights of any party and results in substantial injustice thereto.

      8.   All subpoenas issued by the Hearing Officer may be served as provided for in civil action. The fees for witnesses for attendance and travel shall be the same as the fees for witnesses before the Circuit Court and shall be paid by the party to such proceedings at whose request the subpoena is issued. If such subpoena is issued at the request of the Village, the witness fee shall be paid as an administrative expense.

      9.   In cases of refusal of a witness to attend or testify or to produce books or papers concerning any matter upon which he might be lawfully examined, the Circuit Court of Cook County, upon application of any Illinois party to the proceeding, may compel obedience by similar order of said court.

   H.   Judicial Review of Administrative Decisions: The Illinois Administrative Review Act shall apply to and govern all proceedings of final administrative decisions of the Village hereunder. The term "administrative decision" is defined under the Illinois Administrative Review Act. (Ord. 18-10, 5-14-2018; amd. Ord. 22-04, 4-11-2022)

   A.   Area: Each space or site on which each manufactured home is accommodated shall have a minimum of two thousand five hundred (2,500) square feet; provided that the spaces or sites existing in Communities prior to November 8, 2004, shall contain an area of not less than one thousand (1,000) square feet or as previously required by the regulatory agency.

   B.   Location Restrictions; Access: No manufactured home shall be parked closer than five feet (5') to the side lot lines of a Community, nor closer than ten feet (10') to a public street, alley, or building. Each individual site shall abut or face on a private or public driveway or roadway of not less than twenty four feet (24') in width, which driveway or roadway shall have unobstructed access to a public highway or alley. There shall be an open space of at least ten feet (10') adjacent to the sides of every manufactured home and at least five feet (5') adjacent to the ends of every manufactured home. (Ord. 18-10, 5-14-2018; amd. Ord. 22-04, 4-11-2022)

   A.   Water Supply: An adequate supply of water of safe, sanitary quality, approved by the Village, shall be furnished at each Community. Each site shall be provided with a cold water tap located in accordance as per regulations of the Village and the Illinois Plumbing Code.

   B.   Sewage Disposal:

      1.   All sewage and other water carried wastes shall be disposed of into the Village sewerage system whenever the interceptor or sewer main of such system is adjacent to the Community.

      2.   When a water carriage system of sewage is used, each site shall be provided with a sewer connection for the combined liquid waste outlet or outlets of each manufactured home. It shall be the duty of the owner or manager of the Community to provide an approved type of watertight and odor tight connection from the manufactured home drainage outlets to the sewer connection, and it be the duty of the owner or manager of the Manufactured Home Community to make and maintain such connection and keep all occupied manufactured homes connected to the sewer while located in the Community. Sewer connections in unoccupied sites shall be so closed that they will emit no odors or cause a breeding place for flies. No water or waste shall be allowed to fall on the ground from a manufactured home.

   C.   Solid Waste Disposal:

      1.   A sufficient number of adequate insect proof and watertight containers, in acordance with rules and regulations adopted by the Village shall be supplied for the storage of garbage except where a centralized dumpster system is in place.

      2.   Garbage containers shall be emptied at least once a week and shall not be filled to over flowing or allowed to become foul smelling or a breeding place for insects.

      3.   Garbage and rubbish shall be disposed of in a manner which creates neither a nuisance nor a menace to health and which is approved by the Village.

   D.   Electrical Supply: Electrical outlets for each individual site shall be provided, and the installation shall be in accordance with all state or local codes and ordinances.

   E.   Maintenance Of Community Services:

      1.   The management of every Community shall assume full responsibility for maintaining all sanitary, electrical, and safety appliances in the Community and shall promptly bring such action as is necessary to prosecute or eject from the Community any person or persons who fail to comply with the regulations of this Chapter.

      2.   When Community kitchens, dining rooms, laundries, or other facilities are provided, such facilities and equipment as are supplied must be maintained in a sanitary condition and kept in good repair, and subject to such rules and regulations as may be issued by the Village.

   F.   Surface Water Drainage; Wastewater Deposits Restricted: No Community shall be so located that the drainage of the Community area will endanger any water supply. All such Communities shall be well drained. No wastewater shall be deposited on the surface of the ground within the Manufactured Home Community. (Ord. 18-10, 5-14-2018; amd. Ord. 22-04, 4-11-2022)

Adequate insect and rodent control measures shall be employed. All buildings shall be fly proof and rodent proof, and rodent harborages shall not be permitted to exist in the Community or pathways. (Ord. 18-10, 5-14-2018; amd. Ord. 22-04, 4-11-2022)

All streets and driveways in each Community must be maintained in a passable condition at all times, and streets in Communities constructed after November 8th, 2004, shall have a minimum width of twenty four feet (24'). (Ord. 18-10, 5-14-2018; amd. Ord. 22-04, 4-11-2022)

   A.   Only new manufactured homes may be moved into or relocated within a Manufactured Home Community in the Village, and the following requirements shall apply.

      1.   Smoke Detectors and Carbon Monoxide Detectors: Electric smoke detectors and carbon monoxide detectors must be operable and the detector connected by a permanent wiring method into a general electrical circuit. There must be no switches in the current to the detector other than the overcurrent protective device protecting the branch circuit. The smoke detector cannot be placed on any branch circuit protected by a ground fault circuit interrupter.

      2.   Exit Doors: Two (2) functional and unobstructed doorways are required in all manufactured homes. Exit doors may not have deadbolt locks that require a key to unlock them from the inside. Temporary storm doors or excessive weather stripping that would hamper the use of the door as an exit is forbidden. One exit door must be accessible from the doorway of each bedroom without traveling more than thirty five feet (35').

      3.   Egress Windows: Every bedroom in a manufactured home must have at least one egress window to the outside, having a clear window opening of five (5) square feet or more, with the bottom of the window opening not more than thirty six inches (36") above the floor.

      4.   Design Loads: Wall construction must be constructed to withstand the equivalent design load of construction grade two feet by four feet (2' x 4') lumber sixteen feet (16') on center, or greater design load. The roof must be manufactured to a tested design load of twenty (20) pounds per square foot or more.

      5.   Roof: All new manufactured homes placed on the lot must have a pitched shingled roof.

      6.   Minimum Bedroom Size: Bedrooms must have a minimum of fifty (50) square feet of living space, excluding closets. Bedrooms designed for two (2) people must have a minimum of seventy (70) square feet, excluding closets. An additional fifty (50) square feet of living space is required for each person in excess of two (2). If more than two (2) people are living in the manufactured home, each adult person must be allocated an additional fifty (50) square feet.

      7.   Foundation Requirements: All foundations for manufactured home installations must be designed and constructed in accordance with 24 CFR 3285, commonly referred to as the Manufactured Home Construction Safety Standards "MHCSS"), including but not limited to six-inch (6") concrete slabs and vapor barriers.

   B.   Manufactured homes in a Manufactured Home Community shall be equipped with fire extinguishers, in working order, of a type approved by and located as directed by appropriate fire prevention authorities. (Ord. 18-10, 5-14-2018; amd. Ord. 18-20, 11-29-2018; Ord. 18-22, 12-10-2018; Ord. 22-04, 4-11-2022)

All buildings constructed or altered, all plumbing, electrical, and heating installations shall be in accordance with existing Municipal and County Building Ordinances and the rules and regulations of the Village. (Ord. 18-10, 5-14-2018; amd. Ord. 22-04, 4-11-2022)

In no event shall a dependent manufactured home or nonpermanent shelter or other vehicle designed or used for sleeping purposes, other than an independent manufactured home, be permitted for occupancy at any time in a Manufactured Home Community. (Ord. 18-10, 5-14-2018; amd. Ord. 22-04, 4-11-2022)

Every Community shall have a responsible attendant or caretaker on duty and physically present at the Community for a minimum of forty (40) hours per week, Monday through Saturday. It shall be the duty of the responsible attendant or caretaker to maintain the Community, its facilities, and equipment in a clean, orderly, and sanitary condition. The licensee shall be responsible for any violation of the provisions of this Chapter.

An emergency telephone number shall be provided to all residents, and the residents shall be provided with a response within one (1) hour. The office shall be open during normal business hours, forty (40) hours a week, and the office hours shall be posted for public inspection. (Ord. 18-10, 5-14-2018; amd. Ord. 22-04, 4-11-2022)

   A.   When the Village has approved an application for a permit to construct or make alterations upon a Manufactured Home Community or the appurtenances thereto or a license to operate and maintain the same, it shall retain the original and keep a file thereof, and one copy shall be returned to the applicant or agent, one copy to the Village Clerk.

   B.   The Village shall draft and supply all forms and blanks and specify the number and detail necessary to obtain permits to construct or make alterations upon Community's and for a license to operate and maintain such a Community according to this Chapter.

   C.   The Village shall keep a record of all Manufactured Home Communities, said records to show the names and addresses of all Communities, names and addresses of the licensees, number of manufactured home lots in each Community, source of water supply, system of sewage and garbage disposal, and other information desired by the Village.

   D.   The Village shall supply licensees of all Communities with any and all health rules and regulations pertaining thereto made by the Village and any change or changes that may be made from time to time, and such rules and regulations shall be posted by the management of the Community in a protected, conspicuous place within the Community. (Ord. 18-10, 5-14-2018; amd. Ord. 22-04, 4-11-2022)

Each Manufactured Home Community shall be provided with a manager's office where each manufactured home entering such Community shall be assigned to a site, given a copy of the Community rules and regulations, and registered according to the prescribed form.

Any person furnishing misinformation for purposes of registration shall be subject to punishment as provided in this Chapter and as the law otherwise permits. The registration records shall be neatly and securely maintained, and no registration records shall be destroyed until six (6) years have elapsed following the date of registration. The register shall be available at all times for inspection by all law enforcement officers and by the Village. (Ord. 18-10, 5-14-2018; amd. Ord. 22-04, 4-11-2022)

The Village shall enforce the provisions of this Chapter and the rules and regulations adopted pursuant hereto affecting health, sanitation, water supply, sewage, garbage, and waste disposal, and the Village shall inspect, at least once each year, each Manufactured Home Community and all the accommodations and facilities therewith. Such Officials or Officers are hereby granted the power and authority to enter upon the premises of such Community at any time for the purposes herein set forth. The Village may issue rules and regulations to carry out the provisions of this Chapter. (Ord. 18-10, 5-14-2018; amd. Ord. 22-04, 4-11-2022)

Whoever violates any provision of this Chapter shall, except as otherwise provided, be fined not less than one hundred dollars ($100.00) and not more than one thousand dollars ($1,000.00). Each day's violation shall constitute a separate offense. The Village may, in addition to other remedies provided in this Chapter, bring action for an injunction to restrain such violation or to enjoin the operation of any such Manufactured Home Community in the Circuit Court of Cook County. (Ord. 18-10, 5-14-2018; amd. Ord. 22-04, 4-11-2022)