2-98-1 Manufactured Homes

ORDINANCE NO. 1201

ORDINANCE AMENDING ORDINANCE NO. 12-96-4

The Odon Town Council on December 10, 2001 amended the second paragraph in Section 2 to state the following:

Section 2. An existing trailer may be updated or improved by means of replacement without permission from surrounding neighbors, if the improved updated trailer complies with all requirements set fourth in ordinance 12-96-4. The time lapse between removal and new unit installation cannot exceed thirty days. Thirty days after removal, the property will revert to the status of requiring surrounding neighbor approval. An extension of this thirty day time frame may be granted by the Council, but must be received within the thirty day window.

ORDINANCE NO. 2-98-1

ORDINANCE AMENDING ORDINANCE NO. 12-96-4

WHEREAS, the Town Board of Trustees of the Town of Odon have heretofore passed on the 18^th day of November 1996, Ordinance No. 12-96-4, and

WHEREAS, it has come to the attention of the Town Board of Trustees that this Ordinance needs to be amended;

NOW, THEREFORE, be it ordained by the Board of Trustees of the Town of Odon as follows:

Section 1. That in addition to the provisions set forth in the hereinabove referenced Ordinance, the Town Board does now require that there shall be on each lot within the Town of Odon only one dwelling or manufactured home. Under no circumstances shall there be placed on a lot where there is an existing manufactured home, dwelling or other such structure including but not limited to structures which would qualify as a commercial concern, agrarian concern or industrial concern in addition to residential dwellings, a second residential dwelling or manufactured home.

Section 2. Any individual who wishes to place a second dwelling, manufactured home or other structure on a lot where there is an existing dwelling, manufactured home or structure, may petition to the Town Board of Trustees for relief from this Ordinance and it will be in the sole discretion of the Town Board as to whether or not such relief shall be granted.

Section 3. That in the event it comes to the attention of the Town Board of Trustees that this Ordinance is being breached by the placement of a second or subsequent dwelling, manufactured home or other structure upon a lot which already has an existing dwelling, manufactured home or structure, the owner of said lot and/or the individual illegally and contrary to this Ordinance placing a second or subsequent structure on said lot shall be immediately notified to cease and desist, to remove said dwelling, manufactured home or structure. In t e event said individuals and/or owner fails to do so, such individual, owner or other entity (corporation, partnership, sole proprietorship, etc.) shall be subject to a civil penalty in the sum of $2,500.00 and a separate offense shall be deemed committed on each day during or on which said violation occurs or continues.

Section 4. This Ordinance shall be deemed in full force and effect from and after its passage by the Town Board of Trustees and its subsequent publication in the Odon Journal on two separate occasion's one week apart.

Passed by the Town Board of Trustees this 9^th day of February 1998.

Ralph Quarles, Member

Ron Bell, Member

Richard Cottrell, Member

WHEREAS, the Town Board of Trustees have previously passed Ordinance No. 133-01 on the 9th day of November 1981 regulating "mobile homes" in the Town of Odon, and

WHEREAS, the Town Board of Trustees desires to have 1,that Ordinance updated and broadened;

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ODON AS FOLLOWS:

Section 1. In addition to I.C. 9-13-2-96 which defines "manufactured homes" which the Town does hereby incorporate and make a part of this Ordinance, the Town also defines "manufactured home" as any vehicle including equipment sold as part of a vehicle which is so constructed as to permit it to be used as a conveyance upon public streets or highways by either self-propelled or non-self-propelled means, which is designed, constructed or reconstructed or added to by means of an enclosed addition or room in such a manner as will permit the occupancy thereof as a dwelling for one or more persons, which is use or occupied as a dwelling having no foundation other than wheels, jacks, skirting, underpinning or other temporary supports.

Section 2. With the exception of a mobile home park as defined in I.C. 16-41-27-5 as licensed by the Indiana State Department of Health pursuant to I.C. 16-41-27-19, no individual's), corporation, or any other entity shall park, place or otherwise situate a manufactured home as hereinabove defined on any real estate within the corporate boundaries of the Tow of Odon without securing a permit to so do, which permit shall be issued solely by the Town Board of Trustees, but only after, the written consent of all the adjacent owners of real estate 1, are submitted by the applicant requesting the permit.

Adjacent owners of real estate to as hereinabove set forth: are real estate owners who have common border with the real estate, upon which real estate the applicant is seeking a permit to pace a manufactured home. This includes landowners that are across the street or alley. Adjacent owners of real estate also include estate owners to the north, south, east and west, as well as northwest, southwest, northeast and southeast of the applicant seeking the permit. Any real estate owned by the applicant seeking the permit, whether solely or jointly, will be considered as the real estate for which the permit is being requested.

Section 3. Upon the applicant requesting the permit and providing to the Town Board written and signed consents from adjacent real estate owners as hereinabove set forth, the Town Board may grant the permit if in the collective wisdom of skid Town Board the proposed location of the manufactured home would be harmonious and compatible with the general character end conditions of the neighborhood.

Section 4. A further condition of permitting a manufactured home to be placed on any real estate in the corporate boundaries of the Town of Odon is these:

a. The manufactured home shall sit square on the real estate with the manufactured home front being parallel with the property line adjacent to it and placed in line with other homes or mobile homes/manufactured housing

d. All manufactured homes shall be habitable and have not less than 750 square feet of livable room.

e. All manufactured homes placed within the corporation boundaries of the Town of Odon shall be connected to the Town water supply and sewer system. Each manufactured home shall have a separate sewer and wader connection. Said water and sewer permits shall not be issued to the applicant until such time as the To n Board has granted the permit as hereinabove set for h and check compliance with the requirements set forth 'n this section.

Section 5. This Ordinance shall not affect or be applicable to temporary situated construction trailers, which shall be moved within a six (6) month period following completion of construction. If the construction trailer is to be situated longer than a six (6) month period, then the individual, corporation or entity owning said construction trailer mint obtain permission to extend the temporary situation of said construction trailer beyond the six (6) month period herein sit forth. Under no circumstance shall anyone reside in a construction trailer. If this occurs, then this Ordinance shall apply in its entirety to the construction trailer.

Section 6. Any individual's), corporation, business or other entity who violates this Ordinance shall be deemed to have committed a Class A infraction and shall be fined in a sum of up to but not exceeding $2,500.00 and each day that a violation of this Ordinance occurs, the violator will be deemed to have committed a separate infraction.

Section 7. This Ordinance shall be deemed in force and effect from and after its passage by the Town Board of Trustees and its subsequent publication in the Odon Journal on two separate occasions one week apart and upon this Ordinance being in effect, Ordinance No. 133-01 will be deemed to have been superseded.

PASSED by the Town Board Trustees of the Town of Odon, Daviess County, Indiana this 18^th day of November 1996.