CR 93-84 Appeals - Pines Mobile Home Park
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May 26, 1993 o P K \ "" Council Report No. 93-84
Appeals - Pines Mobile Home Park
prooosed Action.
staff recommends approval of the following motion: Move to deny the aooeal
by James Knoll. unit 308 and Glen Dahlmeir. unit 309 of the pines Mobile
Home Park and order them to reoair their Mobile Homes as stated in the
orders issued by the City Housinq Insoector. with the understandinq that
the electrical items will not have to be comoleted until 60 days after
the Dark owner comoletes the oark's electrical service imorovements.
Approval of this motion will carry through orders written by the Building
Inspection Division.
Overview.
The City of Hopkins passed City code section 450 "Manufactured Home Parks",
in 1990 with input from concerned mobile home owners and the park
management. The code set a time frame in which to improve the safety and
livability of the pines Mobile Home Park.
The time frame has expired and orders were sent by the staff to the park
owner and approximately 60 mobile home owners requiring they bring their
units into conformance with the ordinance. Two mobile home owners have
appealed the orders to the city council as allowed by the code.
Both appeals involve the electrical cords of the owner's trailers. Both
have rubber above ground cords that have been buried. This is a violation
of the state Electrical code and a misuse of the product.
One of the homeowners is also appealing the need to have a landing and
steps to his back door as required in the City Code, and the need to repair
his deteriorated front steps and landing.
Primary Issues to consider.
0 Did the staff act properly in ordering the homes corrected?
0 Why were the property owners, not the park owner, ordered to make
the corrections to the electrical connections?
0 What are the specific conditions on each appeal?
0 How was the timing determined for the correction of the
items?
0 How did the staff arrive at its recommendation?
Suooortinq Information.
0 Background
0 primary Issues to Consider
o Alternatives
0 o ders to the residents
0 tters.fr m the residents
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BACKGROUND
In February of 1990, The City Council adopted a Manufactured Home
Park Ordinance. Previous to this time, the city staff and Council
had been receiving several complaints from park residents and
others regarding enforcement issues at the pines Trailer Court.
The enforcement previous to the City's code in 1990, was handled
through the Minnesota Department of Health.
During the hearings that led up to the adoption of the City Code,
several residence came and testified that it was necessary to
adopt some minimum health safety standards for this mobile home
park and the city should firmly enforce them.
The ordinance as adopted had provisions that would require
enforcement both on the owner of the mobile home park as well as
some standards that applied to the residences themselves.
The ordinance established certain deadlines when particular code
items were required to be corrected by the park owner. The final
deadline for enforcement of all these provisions of the ordinance
was February 6th of this year.
Shortly before and again after the February 6th deadline, city
staff made inspections of the pines Mobile Home Park. After
discussing the matter with the City council, we issued orders to
the owner of the park to make the necessary improvements to bring
the park into conformance with the City ordinance. The code
improvements have not as yet been completed by the owner.
The following are the general items covered in the orders to the
park owner:
. The repairs required of the park owner include such things as
addressing the park's water and sewer systems. The park is
required to provide a plan showing the size and location of
the water and sewer pipes including the capacity and material
of all the valves that control the water system. If the
system does not meet the minimum requirements, the
underground utility system must be brought up to code.
. The park must be surveyed and the large lots marked with
permanent flush markers.
. The Park's electrical wiring must be brought into conformance
with State Electrical Code standards and the trailer
electrical cords must be properly run underground.
. The City ordinance also requires that there be a storm
shelter within the park for the residents, or a plan for
evacuation of park residents to a safe place of shelter. The
park currently does not have either a shelter in the park or
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. an alternative shelter plan acceptable to the City of
Hopkins. The state of Minnesota as we understand currently is
reviewing the park's mobile home license due to the park's
non compliance with the storm shelter requirement.
The City has been in contact with the park owner with respect to
the shelter. He has indicated that his intent is to build a
shelter on the park. He has not given us any idea of his intent
to comply with the other orders. The City's remedy should the
owner of the park fail to comply with any of the orders will be
to file both criminal and civil charges against him with the
court. Staff is monitoring this item closely. currently, the
State Health Department is engaged in License revocation
proceedings with the park owner because of the lack of a proper
storm shelter or shelter plan.
The City ordinance also contains some code provisions that are
the responsibility of the individual homeowners to correct.
Therefore, after discussing the matter with the City Council, we
sent orders to approximately 60 trailer owners on February 17th
requiring them to bring their trailers into conformance with the
City code. The most common of the orders were as follows:
. The City ordinance requires a landing and stairs be installed
at both the front and back doors of each mobile home in the
park. In some cases handrails and possibly guardrails will be
required on these stairs.
. City ordinance requires that all electrical service wiring
from the pole to the units be placed underground in
compliance with the electrical code. It is our understanding
that it is the homeowners responsibility to run the
electrical line from the trailer to the power pole once the
mobile home park owner has prepared the pole for the
necessary connections.
. The code requires all units to maintain perimeter skirting.
. Each trailer is required to have address numbers.
. All accessory buildings are required to be a minimum of 10
ft. to the neighbor's building. Some are too close and were
ordered to be moved.
Of the approximate 60 orders that were sent out, the city staff
has received two appeals. Both of the parties are appealing the
electrical connection from the unit to the pole. Both of the
homes have rubber above ground cords that have been buried which
is a violation of the state Electrical Code. One owner is also
appealing the need for steps and a landing to the rear of his
unit next to the rear exit door.
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Primary Issues to consider.
0 Did the staff act properly in ordering the homes corrected?
The staff has reviewed each appeal and finds all orders written to be
violations of the city code section 450. The city staff made an inspection
of the Park just prior to the established February 6th deadline in the code
at which time all items required of the park owner should have been
corrected. The staff prior to sending out formal orders, sent a letter to
each resident explaining the city code and reasons for it. In the letter,
we explained the types of violations which may be encountered and that
specific orders would follow when identified. Shortly thereafter, another
inspection was done and on February 16th the staff discussed the issues and
possible courses of action with the City Council. On February 17th, formal
orders were sent to over 60 residents of the park. Previous to this, orders
were sent to the park owner requiring correction of his items. Two of the
residents have chosen to appeal the orders. Following the appeals, another
inspection was conducted to assess the appeals. All items ordered corrected
are clear violations of the city code.
o Why were the property owners, not the park owner, ordered to mak
th
corrections to the electrical connections?
The normal Mobile home is designed to be moved to a park and connected to
the park's utility systems. This involves a water, sewer and electrical
connection. It is normal practice for the park owners to establish in the
lease that the home owner is responsible for the actual hook ups. In
conversations with the park management it is our understanding that this is
the case at the Pines.
o What are the specific conditions on each appeal
James Knoll unit 308:
Mr. Knoll has a rubber above ground type electrical cord to his unit that
has been buried. This is a misuse of the cord as well as a violation to the
State electrical code. This type of installation could cause a distinct
shock hazard to anyone digging in the ground. Mr. Knoll also has been
ordered to fix his front steps and landing. It is deteriorated to the point
that a person could step through it. This is a violation of the Housing
Code as it pertains to Mobile homes in city code section 450. Mr. Knoll
also has placed steps next to his rear door but there is no landing or
hand rail on the stairs. The Housing and building codes require a landing
on a residential door if it swings over the steps as this one does, and it
requires hand rails on one side if there are more than 4 risers in the
stair.
Gl n Dahlmeir unit 309:
Mr. Dahlmeir has a rubber above ground type electrical cord to his unit
similar to Mr. Knoll's that has been buried. This, as stated previously, is
a misuse of the cord as well as a violation to the state electrical code.
Mr. Dahlmeir was also issued orders to place a landing and stair at his
rear entrance. Mr. Dahlmeir has not appealed that portion of the order.
0 How was th timing determin d for the correction of th items?
The city staff sent orders to both the park owner and the residents at
essentially the same time. This was done because both the park owner and
the residents appear to have some responsibility for correction of the
electrical system, therefore their efforts must be coordinated. The park
owner must ensure the parks electrical system from the main transformer to
the pole outside each unit is properly prepared to accept underground
connections. Once the pole is prepared the home owner can make the
necessary under ground connection from his unit to the pole. We gave the
park owner until May 21st to make his corrections to the electrical system
and the home owners until July 17th to make their corrections. The park
owner still has not completed his repairs, therefore, we may have to
eventually grant all of the homeowners an extension of time for the
electrical work. We feel, however, that the non electrical items should be
repaired by July 17th as ordered, and that the 150 days notice for
correction was a reasonable time period.
o How did the s.taff arrive at its recommendation?
When the staff prepared the original orders for both the park owner and the
residents we recognized that some of the items required of the park owner
needed to be corrected before the residents could make there corrections.
It was decided to write orders to the park owner giving him a staged
deadline for each item. He was given 30 days to construct a shelter, 90
days to make the electrical system corrections and 120 to make other
corrections. since the electrical system work must be completed prior the
residents being able to make their underground electrical connection, it
was decided to give the residents 150 days so that they would have 60 days
to comply after the owner had completed his electrical work. The 150 days
was used as a deadline for all of the orders written to the residents for
simplicity, even though some of the items other than electrical could
reasonably be corrected much sooner. Since the park owner has passed the
deadline for correction of the electrical system and no work has been
completed, it will be necessary at some point to give an extension to all
of the residents on the electrical corrections. The other items however we
feel can and should be corrected in the originally allotted 150 days.
Alternatives
0 Deny the appeals as recommended by the staff and order the residents
to make the corrections as ordered by the city Housing Inspector.
0 Deny the appeal and grant additional time for corrections to be
completed.
0 continue appeal for further information.
o Approve the appeals. Following this course of action would result in
the need to revise all of the orders that were not appealed and
revise the city Code.
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C I T y 0 ,- FelbnJb. f7,1~931 N S
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Glen Dahlmeier, Unit 309
2012 Main Street
Hopkins Mn. 55343
A recent inspection of the grormds and exterior are~1S of individual units at the Pines
ITllli.1.llf:1c::ured home park has revealed the follovting violations of section 450 of the Hopkins
City Code at your address. The following violations are deemed to be the responsibility of the
UIut owner. You are here-by ordered to correct the items indicated by a check mark..
lL Section 450.13 Subd. 5 requires the electrical supply connection to your unit be nm
rmdtrgrormd in accordance with the current National Electrical Code. Electrical permits are
required for this work.
~ Provide landings, steps and handrails at each exit to your unit per the City Code Section
.450.15 Subd. 5 (see available hand-out)
Prov:de and m.aintai"'l skirting (non-combusrable material hannonious with the aDDeara.nce of
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the r~lanufactured home) 3rmmd tl-te entire home a,'1.d also provide ventilation grills :;,~.t:he
approximate opposite corn~rs of the sk:L."1:mg. Section 450.13 Subd 16.
_Provide address nlli"':1hers on your u..."'lit per City ordinance 415.01.
_Provide the required separation between your accessory structure and the abutting unit per
Section 450.13 SUDd 1
You must secure necessary permits and complete work on the aforementioned violations within
150 days. Should compliance with these orders not be accomplished in the time frame allotted or
an appeal not filed, the city may choose one of the following remedies to correct the situation.
a) Issue a misdemeanor citation for each of the violations formd to exist.
b) Order 'immediate vacation of the property.
c) Conoect or abate the violation by rmdertaking repair, removal or demolition of the property,
structure elf manufa::tu.red home.
d) In the event tlle city unde:+..akes the remedies described above, due notice shall be served upon
the parties and:in tllt~ rnanner described in Section 450.19, Subd 4 that such remedial action will
occur OIl Dr after 10 days tol1owi'1g receipt of said notice.
.A.!l:lppe:'l..;. fit'st be .f~led in '.:vriting to the Hopkins City Clerk within ten days-'by descri15ing the
reasons for objecting to the violation and order of the City. Should you have questions about this
process please feel free to contact me at City Hall between the h?urs of 8 and 4:30 at 935-8474.
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Patrie GrahaITI Buildin.-g rnspe~t~r .. -~.....=.-"""=-
1010 First Street South, Hopkins. Minnesota 55343 612/935-8474
An Equal Opportunity Employer
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Touch Yem, Unite 4~5 T Y 0 F Fe" 17~19~ I N S
2012 Main Street
Hopkins11n.55343
A recent inspection of the grounds and exterior areas of individual units at the Pines
manufactured home park has revealed the following violations of section 450 of the Hopkins
City Code at your address. The following violations are deemed to be the responsibility of the
unit owner. You are here-by ordered to correct the items indicated by a check mark.
..L Section 450.13 Subd. 5 requires the electrical supply connection to your unit be run
underground in accordance with the current National Electrical Code. Electrical permits are
required for this work.
-1L Provide landings, steps and handrails at each exit to your unit per the City Code Section
.450.15 Subd. 5 (see available hand-out)
_Provide and maintain skirting (non-combustable material harmonious with the appearance of
the manufactured home) around the entire home and also provide ventilation grills at the
approximate opposite corners of the skirting. Section 450.13 Subd 16.
_Provide address numbers on your unit per City ordinance 415.01.
_Provide the required separation between your accessory structure and the abutting unit per
Section 450.13 Subd I
You must secure necessary permits and complete work on the aforementioned violations within
150 days. Should compliance with these orders not be accomplished in the time frame allotted or
an appeal not filed, the city may choose one of the following remedies to correct the situation.
a) Issue a misdemeanor citation for each of the violations found to exist.
'h.\ ()_rlo."':" .;..........~.c.,.:t;,...+!3> 'r~#"<O,.+.;.f'- ,...J:.,.t..a. --.......-..-:::...;.y...
V) _~.;.....v.:.. .~.J...i..i..i..L\"..y..l.a...v Y<:.:':'""Ul.LV.l1. v.l \,J,l.V-pJ..vpvl\. .
c) Correct or abate the violation by undertaking repair, removal or demolition of the property,
structure or manufactured home.
d) In the event the city undertakes the remedies described above, due notice shall be served upon
the parties and in the manner described in Section 450.19, Subd 4 that such remedial action will
occur on or after 10 days following receipt of said notice.
An appeal must be filed in writing to the Hopkins City Clerk within ten days by describing the
reasons for objecting to the violation and order of the City. Should you have questions about this
process please feel free to contact me at City Hall between the hours of 8 and 4:30 at 935-8474.
Sincerely, P~X/J ~
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Patrie Graham Building Inspector
1010 First Street South, Hopkins, Minnesota 55343 612/935-8474
An Equal Opportunity Employer
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Jaffies E. Knoll
2012 'iiI. Mainstreet #308
Hopkins, Mn. 55343
City of Hopkins
1010 1St ST. so.
Hopkins, MN. 55343
ATTN. Mr. Patric Graham
Dear Mr. Graham,
I am writing this letter in response
to the notice I received
from your office concerning the
statement of the violations
of section 450 of tIle Hopkins City code.
The st. a tement 1 isted
that my residence was in violation
of section 450.13 Subd.
5
and City Code Section .450.15 Bubd. 5.
1 would like detailed
information to what exactly what is at
fault to these violations.
After receiving these details, I
will respond to your accusations,
or complete the work necesary to correct
the problem.
I will a wa i t your response to the i
nformation I requested so I
can respond to these violations in
the proper manner.
Sincere[~
~..
~. Knoll
CC. City Clerk
ene. violations
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