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Town Takes Up Manufactured Home Ordinance

May 8th, 2017 Comments off
TownTakesUpManufacturedHomeOrdinancecreditRealtor-postedtothedailybusinessnewsmhpronewsmhlivingnews

A manufactured home in Kilgore, Texas. Credit: Realtor.

In Kilgore, Texas, an ordinance that has stopped the inclusion of new manufactured homes outside of specific communities is now under scrutiny.

According to the Longview News-Journal, the ordinance was front and center for officials during a council workshop last week.

In 2008, the city council approved an ordinance that restricted new manufactured homes from being placed outside of select communities. But according to City Manager Josh Selleck, manufactured homes have been allowed outside such communities during the past nine years anyway.

Unfortunately, we’re bound by state law to enforce our code as written,” said Selleck.

And city staff no longer will allow exceptions to the code.”

Selleck suggested that the council hold a joint meeting with the planning and zoning commissions to discuss clearing up zoning ordinance issues. A date for that meeting was not set.

TownTakesUpManufacturedHomeOrdinancecreditGoogle-postedtothedailybusinessnewsmhpronewsmhlivingnews

Credit: Google.

Aside from mobile home parks [sic] that are licensed with the city, there are at least three other locations that appear to be mobile home parks [sic] but aren’t licensed,” said Selleck.

The question is whether they can expand or replace, and that’s part of what I think what we’re going to have to go through is how are they able to replace a mobile home [sic] if one burns, and what are the rules for the permit process.”

Based on discussions at the workshop, Selleck believes that the City Council could be in a position to formally pass any proposed changes as early as their June 27th meeting.

 

A Trend?

The case in Kilgore potentially provides hope for manufactured housing, and could signal a stop to a recent trend of limiting manufactured homes to select communities.

In December, the Linton, Indiana City Council voted to move forward with a manufacturing housing ordinance, which will require all future manufactured homes to be in a manufactured home community. The Daily Business News covered this in a story, linked here.

MobileTrailerHouseStillCreditCBSNews-SunshineHomeModernManufacturedHomeManufacturedHomeLivingNews-InsideMHVideo-575x278

Too many cities and towns have an outdated view of manufactured homes, or are being pushed by residents who don’t understand the modern MH reality into taking actions like those noted in this town in IN. When more of the public understands what inspector Becki Jackson does about modern manufactured homes, the incidents of such cases will continue. To see the Becki Jackson video and interview, click here or above.

The controversial motion passed with a 3-2 vote.

Shortly after, Indiana Manufactured Housing Association (IMHA) President Ron Breymier responded.

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Photo credit: TheLegisGroup.com

IMHA sent a letter to Mayor Wilkes and members of the Linton City Council advising them that their proposed ordinance would not be permissible under Indiana law.

Breymier shared Indiana Code IC 16-41-27-32 (b) which states the following:

A governmental body other than the state department of health may not regulate mobile homes or manufactured homes regarding habitability or minimum housing conditions unless the regulation is applicable in the same manner to other forms of residential housing in the jurisdiction.

Rather than an outright ban on the future placement of manufactured homes in Linton, which would be counter to Indiana law,” said Breymier, “IMHA recommended the city enforce the existing state law and make certain any additional manufactured homes seeking placement in Linton meet the same regulations that apply to other forms of residential housing.

Obviously, Mayor Wilkes and the Linton City Council chose to ignore that advice and adopted the new ordinance. IMHA will discuss the matter with its board of directors and determine if there is anything further we can do to address this situation.”

The Daily Business News has covered a number of NIMBY (Not-In-My-Back-Yard) cases recently, including one in Hutchinson, Kansas here.

It should also be noted that a close reading of the Manufactured Housing Improvement Act of 2000 provides for enhanced preemption, which ought to limit such local zoning efforts.

MHARR and state associations are often raising this issue, with one example in a case linked here. ##

(Image credits are as shown above, and when provided by third parties, are shared under fair use guidelines.)

 

rcwilliams-writer75x75manufacturedhousingindustrymhpronews

RC Williams, MHProNews.

Submitted by RC Williams to the Daily Business News for MHProNews.

City Council Approves Controversial Manufactured Housing Ordinance

December 14th, 2016 Comments off
proposedcouncilordinancesparkspropertyrightsdiscriminationdiscussioncreditofficialphoto2-postedtothedailybusinessnewsmhpronewsmhlivingnews

Linton city council. Official photo.

The Linton, Indiana City Council voted on December 12th to move forward with a manufacturing housing ordinance, which will require all future manufactured homes to be in a manufactured home community.

The controversial motion passed with a 3-2 vote, with council members Tony Richards and Linda Bedwell casting dissenting votes.

According to the GC Daily World, the conversation began in June when Mayor John Wilkes said the city needed to take action in creating an enforceable manufactured home ordinance in order to ensure the homes are properly hooked into the sanitation system and electricity. The mayor said there had been several complaints about manufactured homes in the city.

Since the discussion began, a number of versions of a proposed ordinance were presented, but were not successful.

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Mayor John Wilkes. Official Photo.

In November, as the Daily Business News covered here, Wilkes made the proposal to require all manufactured homes brought into the city to be placed in a manufactured home community. The proposal was passed after Mayor Wilkes broke the council’s 2-2 tie.

The formal ordinance was brought before the council on December 12th for adoption.

By requiring the manufactured homes to be placed in manufactured home communities, the community owner will be required to follow state mandates for sanitation and water supply.

The provisions set forth in the ordinance also extend to Amish cabins or “tiny houses.

According to the mayor, current manufactured homes are grandfathered in, but Councilwoman Linda Bedwell asked for clarification on the grandfather clause, including the fact if fire or certain types of disaster destroy a manufactured home, it could allow for the manufactured home to be replaced or rebuilt.

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Linton, Indiana. Credit: Google.

Mayor Wilkes opened the floor to public discussion before the vote was taken.

Jerry May, a local landlord, raised a few questions, including a possible violation of Senate Bill 6593.

The bill states, in part, “No city, town, code city or county may enact any statute or ordinance that directly or indirectly has the effect of discriminating against consumer choice in the placement or use of a home that does not apply equally to all homes.

Additionally, the bill also notes entities can require a manufactured house to be set on a permanent foundation, be up to state energy code and meeting other requirements for designated manufactured homes.

If I purchased a piece of property and built a pole barn to live in, would that be allowed?” asked another attendee.

City attorney John Rowe said the potential concerns could be litigated if needed.

MobileTrailerHouseStillCreditCBSNews-SunshineHomeModernManufacturedHomeManufacturedHomeLivingNews-InsideMHVideo-575x278

Too many cities and towns have an outdated view of manufactured homes, or are being pushed by residents who don’t understand the modern MH reality into taking actions like those noted in this town in IN. Until more of the public understands what inspector Becki Jackson does about modern manufactured homes, the incidents of such cases will continue. To see the Becki Jackson video and interview, click here or above.

A Strong Response

The Indiana Manufactured Housing Association (IMHA) became aware of this issue in late November based on local media reports,” said IMHA President Ron Breymier.

ron_breymierexecutivedirectorindianamanufacturedhousingassociation-creditlegisgroup-posteddailybusinessnews-mhpronews

Photo credit: The Legis Group

IMHA sent a letter to Mayor Wilkes and members of the Linton City Council advising them that their proposed ordinance would not be permissible under Indiana law.

Breymier shared Indiana Code IC 16-41-27-32 (b) which states the following:

A governmental body other than the state department of health may not regulate mobile homes or manufactured homes regarding habitability or minimum housing conditions unless the regulation is applicable in the same manner to other forms of residential housing in the jurisdiction.

Rather than an outright ban on the future placement of manufactured homes in Linton, which would be counter to Indiana law,” said Breymier, “IMHA recommended the city enforce the existing state law and make certain any additional manufactured homes seeking placement in Linton meet the same regulations that apply to other forms of residential housing.

Obviously, Mayor Wilkes and the Linton City Council chose ignore that advice and adopted the new ordinance. IMHA will discuss the matter with its board of directors and determine if there is anything further we can do to address this situation.

The Daily Business News has covered a number of NIMBY (Not-In-My-Back-Yard) cases recently, including one in Hutchinson, Kansas here.

It should also be noted that a close reading of the Manufactured Housing Improvement Act of 2000 provides for enhanced preemption, which ought to limit such local zoning efforts.

MHARR and state associations are often raising this issue, with one example in a case linked here. ##

(Image credits are as shown above.)

rcwilliams-writer75x75manufacturedhousingindustrymhpronews

RC Williams, for Daily Business News, MHProNews.

Submitted by RC Williams to the Daily Business News for MHProNews.

Proposed Council Ordinance Sparks Property Rights, Discrimination Discussion

November 15th, 2016 Comments off
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Nimby comic credit as shown, used here under fair use guidelines.

In Greene County, Indiana, the Linton city council voted to move forward with a controversial ordinance.

The vote, which required the mayor to break a tie, approved a measure stating all future manufactured homes brought into the city must be moved into a manufactured home community.

What I’m going to propose is all of the trailers [sic] in town now be grandfathered in. Any trailer [sic] from this day forward will go into a state-mandated trailer park [sic],” said Linton mayor John Wilkes.

You look at all the other communities around, their cities are clean, their towns are cleaned up. They have trailer parks [sic] to put their trailers [sic] in.

According to the Greene County Daily World, the Linton city council has been debating for months about how to move forward with cleaning up unsightly older mobile and manufactured homes in the city limits, while still providing affordable and safe housing for Linton residents.

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Mayor John Wilkes. Official Photo.

One of the reasons why the city has been unable to put together a trailer [sic] ordinance is because Linton does not have any zoning,” said Wilkes.

The mayor said the city is working to clear out houses in the city and commended city councilwoman Linda Bedwell for her work with the county-led blighted property ordinance.

I think we are on the same page here. We want to clean the city up and make it a better place,” Wilkes said during the council meeting.

Upon the call for a vote, council members Fred Markle and Jerry Ellett voted in favor of putting together the ordinance as proposed by the mayor. Council members Tony Richards and Linda Bedwell voted against the measure.

Councilman Jeff Sparks was not in attendance.

In a situation like this, the chair will break the tie and I’m in favor of that motion so that motion carries,” Wilkes said.

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Linton city council. Official photo.

Markle told the council that based on his independent research, he found many communities of similar size have zoning in place, and this seems like the right direction to go in addressing the problem.

Markle also stressed that it may take 10 to 12 years for the proposed ordinance to take effect.

Mayor Wilkes noted while about 10 percent of manufactured homes in the city limits are in top shape, it is the rest of the older mobile or manufactured homes, which he characterized as being run down and negatively impact the neighbor’s property values.

But you also have that problem with houses, too,” said Bidwell.

I think if you own the property you should do with it what you want,” said councilman Tony Richards.

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Linton, Indiana. Credit: Google.

A member of the public was not pleased.

While Mayor Wilkes did not open up the topic for public discussion during the meeting, local landlord Jerry May addressed the council after the meeting was adjourned.

I wanted to put you on notice that I plan to file an injunction on the ordinance. I think you need to rethink that because you’re violating some laws,” May said.

May buys, sells and trades manufactured homes in the city, rents out several homes and currently has a manufactured home community.

This is taking away the usability, sell-ability and buy-ability of the property. It takes away all value in all aspect. We’ve got one park [sic] here in town, and it’s got restrictions itself,” said May.

The landlord also said that he believes this is a dangerous step in the direction of zoning.

It’s a major takeover. It’s not just the creation of an ordinance. This is a major form of zoning, and there’s lots more zoning to come. I promise,” May said.

The Daily Business News has covered a number of NIMBY (Not-In-My-Back-Yard) cases recently, including one in Hutchinson, Kansas here.  It should also be noted that a close reading of the Manufactured Housing Improvement Act of 2000 provides for enhanced preemption, which ought to limit such local zoning efforts.

MHARR and state associations are often raising this issue, with one example in a case linked here.  Please see the download from that linked column. ##

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Image credits are as shown.

(Editor’s Note: the story in the image linked above is another case of NIMBY that is worth exploring. Also, to understand the home owner’s vantage point, please see the article linked here.)

(Image credits are as shown above.)

rcwilliams-writer75x75manufacturedhousingindustrymhpronews

RC Williams, for Daily Business News, MHProNews.

Submitted by RC Williams to the Daily Business News for MHProNews.