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Ord 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