Be it enacted by the Tribal Council of the Colorado River Indian

Tribal code

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Text

Ordinance No.

99-02

Be it enacted by the Tribal Council of the Colorado River Indian

Tribes that. the Land Code of the Colorado River Indian Tribes is hereby

amended to include a new Article VIII governing Mobile Homes as follows:

TITLE 15:

LAND CODE

Table of Contents

ARTICLE I.

MOBILE HOMES

CHAPTER 1.

GENERAL PROVISIONS

Section 15-1101.

Purpose

Section 15-1102.

Definitions

Section 15-1103.

Development Process

Section 15-1104.

Development Requirements

Section 15-1105.

Additional Requirements

Section 15-1106.

Permits! Leases/ Licenses

Section 15-1107.

Inspections

Section 15-1108.

Authority

Section 15-1109.

Notices, Hearing/Order

Section 15-1110.

Environmental, Open Space, Access

Requirements

Section 15-1111.

Water Supply

Section 15-1112.

Sewage Disposal

Section 15-1113.

Electrical Distribution System

Section 15-1114.

Service Building/Other Community Serving

Facility

..8

Section 15-1115.

Refuse Handling

Section 15-1116.

Fuel Supply/Storage

Section 15-1117.

Fire Protection

Section 15-1118.

Miscellaneous Requirements

Section 15-1119.

Incorporated by Reference

: : : : :

LAND CODE

TITLE 15:

ARTICLE I.

MOBILE HOMES

CHAPTER 1.

GENERAL PROVISIONS

Section 15-1101.

LAND CODE

Purpose.

This is an ordinance enforcing minimum standards for Mobile Home and

Mobile Home Parks.

Establishing requirements for the design,

construction, alterations, extension and maintenance of the same,

which includes all related utilities and facilities.

The Ordinance

will authorize the issuance of permits and authorizing inspections and

fixing penalties. for violations. This ordinance is adopted to

preserve, protect and promote the public health, safety, prosperity

and general welfare of the members of the Colorado River Indian Tribes

and the residents of the Reservation.

Section 15-1102.

Definitions.

Unless the context specifically requires otherwise,

(a)

this Article:

as used in

(1)

Individual Utilities means the provision for each mobile

home of; a separate meter, connection to electrical service;

separately tapped water service from an approved public

water supply or a separate private water supply; and a

separately tapped connection to an approved public sewer

system or a separate private sewage disposal system.

Water

and wastewater systems shall be in compliance with the Safe

Drinking Water Act and U.S. Environmental Protection Agency

(EPA) rules and regulations.

(2)

Mobile Home or Manufactured Home means a structure designed

for permanent habitation and so constructed as to permit its

transport on wheels, temporarily or permanently attached to

its frame, from the place of its construction to the

location or subsequent locations, at which it. is intended to

be a permanent habitation and designed to permit the

occupancy thereof as a dwelling place for 1 or more persons.

Any such structure served by individuals utilities and

resting on a permanent foundation, with wheels, tongue and

hitch permanently removed, shall not be construed as a

manufactured home.

(3)

Motor Home means a vehicular unit designed to provide

temporary living quarters for recreational, camping, or

travel use built on or permanently attached to a self

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propelled motor vehicle chassis or on a chassis cab or van

that is an integral part of the completed vehicle (See

Recreational Vehicle.)

(4)

Mobile Home Park means tracts of lands upon which

independent mobile homes are located for permanent

habitation and shall include any building, structure, tent,

vehicle, or enclosure used or intended for use as a part of

the equipment of such mobile home parks.

(5)

Recreational Vehicle means a vehicular-type unit primarily

designed as temporary living quarters for recreational,

camping, or travel use, which either has its own motive

power or is mounted on or drawn by another vehicle.

The

basic entities include, but are not limited to: travel

trailer, camping trailer, truck camper, and motor home.

(6)

Recreational Vehicle Park means a plot of land upon which

two or more recreational vehicle sites are located,

established, or maintained or occupancy by recreational

vehicles of the general public as temporary living quarters

for recreation or vacation purposes.

(7)

Travel Trailer means a vehicular unit mounted on wheels,

designed to provide temporary living quarters for

recreational, camping, or travel use, of such size or weight

as not to require special highway movement permits when

towed by a motorized vehicle, and of gross trailer area less

than 320 square feet (29.77 sq m)

(See Recreational

Vehicles)

(8)

Truck Camper means a portable unit constructed to provide

temporary living quarters for recreational, travel, or

camping use, consisting of a roof, floor, and sides,

designed to be loaded onto and unloaded from the bed of a

pick-up truck. (See Recreational Vehicle.)

Section 15-1103.

Development Process.

Any and all persons requesting permission to set up a mobile home or

develop a mobile home park shall comply with the CRIT Land Code

Development Review Process administered by the CRIT Planning

Department and contact CRIT Realty for any licenses or leases.

Planning and Realty will prepare and submit documents to CRIT Resource

Development Committee (RDC) for review and comments.

RDC will make

recommendations to Tribal Council for final approval.

Section 15-1104.

Development Requirements.

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To meet the purpose, all uses shall comply with the following

(a)

minimum standards for the particular type of development:

(1)

Minimum Park Size.

The minimum park shall be a minimum of

No parcel or tract of land less than two (2)

two (2) acres.

acres shall be eligible for consideration unless it adjoins

an existing Mobile Home (MH) Zoning District and is proposed

as an expansion to an existing subdivision, park, or

cooperative, which otherwise meets the minimum required

development standards specified herein.

(2)

Development Type.

The maximum allowable density within the

(MH) classification shall be determined according to a

minimum lot area of four thousand (4,000) square feet per

unit within a subdivision, and a minimum space size of two

thousand eight hundred (2,800) square feet per unit within a

park or cooperative.

SUBDIVISION

PARK OR

COOPERATIVE

Lot/Space Size

2 acres

Lot/Space Width:

Interior lots/space

Corner lots/spaces

50 ft.

60 ft.

40 ft.

50 ft.

Lot Depth

80 ft.

70 ft.

Street Yard Setback

10 ft.

Interior Yard Setback

7 ft.

5 ft.

Rear Yard Setback

10 ft.

5 ft.

Maximum Lot Coverage

50%

Maximum Building Height

20 ft.

10 ft.

(3)

Setback for Accessory Structures. Any detached accessory

structure not containing living quarters may be located up

to a side or rear property line within the rear quarter of

the lot or space, subject to the applicable requirements of

any building code as may be adopted by the Colorado River

If not located within such rear quarter,

Indian Tribes.

such accessory structure(s) shall comply with the minimum

setback requirements specified by this section.

,Th

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(4)

All streets within any

Street Design and Improvements.

subdivision, park, or cooperative shall have a minimum width

of thirty-two (32) feet measured edge to edge, exclusive of

Plans for such

any curbing or other pavement border.

improvements shall be reviewed by Planning Department and,

Building Inspector for conformance with the minimum

standards for paving as adopted by the Tribal Council.

All

streets within a subdivision shall be dedicated right of

way, while any Street within a park or cooperative shall be

private.

All lots or spaces shall be designed in such a

manner to have access and frontage on improved street.

(5)

Any site developed as a subdivision, park,

Storm Drainage.

cooperative

shall

be designed and improved to achieve an

means

Plans and

adequate

surface storm water drainage.

achieve

submitted

these provisions shall be

details to

the Tribal Planner and RDC for review and approval.

(6)

Water, sewer, telephone and electrical utilities

Utilities.

shall be provided to each lot or space within the

development, subject to the standards and requirements as

Overhead utility lines shall

may be adopted by the Tribe.

be prohibited.

(7)

Fire hydrant of the type approved by the

Fire Hydrants.

CRIT Fire Chief shall be provided throughout the interior of

the development, subject to the maximum spacing interval as

specified by GRIT Fire Department.

(8)

Facilities for refuse collection within

Refuse Collection.

the development shall be collected by the Tribes Landfill

Such

Department at the expense of the MH district lessee.

facilities shall be screened from view by a solid. wall,

fence, or dense planting.

(9)

Walls and Fences.

(A)

The exterior property line of any subdivision, park,

cooperative shall be bounded by a six (6) foot high

masonry wall.

(B)

A maximum three (3) foot height may be established

along any street line, or within any Street yard

A maximum six (6) foot

setback area as defined herein.

fence height may be established along any side nr raar

property

line or space line, or within any side or

Any wall or fence enclosure as

rear yard setback area.

may be erected shall also be subject to the traffic

visibility.

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(10)

Any signs as may be erected shall comply with the

Signing.

Sign Regulations

and requirements of Article VI

rds

standa

of Land Code.

(11)

The connection of any recreational

Recreational Vehicles.

vehicle to utilities for occupancy as either a primary or

secondary dwelling unit within a subdivision, or as a

secondary dwelling unit within a park or cooperative, shall

be prohibited.

Section 15-1105.

Additional Requirements.

All manufactured dwellings shall be set upon a foundation wherein

(a)

the exterior arcade material of thedwelling shall be extended to a

level not greater than six (6) inches above ground level.

The installation and connection to utilities for any manufactured

(b)

dwelling on a lot or space shall be subject to a permit and subsequent

inspections from CRIT Building Inspector.

Mobile homes are restricted to model years of twenty(20) years or

less from the current year for the Parker Valley and to ten(1O) years

or less from the current year for the California side of the

Reservation.

Section 15-1106.

Permits! Leases! Licenses.

All

Installation Permits shall be issued by CRIT Building Inspector.

with

comply

shall

plans

ction

constru

Parks

Mobile Homes/Mobile Home

the Uniform Building Code, and Housing and Urban Development (HUD)

Manufactured Home Procedural and Enforcement Regulation and Consumer

Manual Requirements, 24 CFR 3280.3 (1997)

The Tribal Realty Department shall have the authority to issue all

leases and issue any applicable licenses after completion and approval

of Section 15-1103 of this Ordinance. All Tribal Realty Department

policies and procedures shall apply.

Section 15-1107.

Inspections.

The Tribal Council has authorized specific Tribal Departments to

Each department shall have the responsibility

enforce this Ordinance.

These departments shall include, but not

concer

areas

for their

Realty Department, CRIT Building

ng,

Planni

CRIT

be limited to,

CRIT Environmental Protection

ment,

Depart

Water

Inspector, CRIT

ment.

Depart

Office, CRIT Fire

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Department

Authority

CRIT Planning Department

Land Code Article 2 and 5

Realty

Land Code Article 7.

CRIT Building Inspector

Uniform Building Code,

Health and

Building and

Safety Code, Article 1.

Construction Chapter 1 through 8,

Housing and Urban Development (HUD)

Code of Federal Regulations 24, Parts

1700, revised April 1, 1997, Subpart

A-General, 3280.3 Manufactured home

procedural and enforcement

regulations and consumer manual

requirements, Land Code Article 6

The CRIT Water Department

Tribe’s Public Utilities Code.

The CRIT Environmental Office

(EPO)

---,

‘Nb)

CRIT Fire Department

CRIT Health and Safety Code Article 6

Fire Prevention and Safety Chapter 1

through 5 and the Life and Safety

Code.

Section 15-1108.

Responsible for human safety and the

protection of the environment and

receives its authority to enforce

this Ordinance from the Tribal

Council.

The EPO is responsible for any and

all enforcement activity as a result

Indian

of Inspections performed by

Health Service and Bureau of Indian

Affairs who have a trust

responsibility to the tribe.

Authority.

The CRIT Tribal Council and its delegates shall have final authority

to maintain and enforce this Ordinance.

Section 15-1109.

Notices,

Hearing/Order.

Whenever the enforcing agency determines that there are

(a)

reasonable grounds to believe that there has been a violation of any

provisions of this Ordinance, the Enforcing Agency shall give notice

of such alleged violation to the person to whom the permit or license

was issued, as hereinafter provided.

Any person affected by any

LAND CODE

notice which has been issued in connection with the enforcer’tent of any

provision of this Ordinance, may request and shall be granted a

hearing on the matter before the enforcing agency.

After such hearing

the enforcing agency shall make findings as to compliance with the

provisions of this Ordinance and shall issue an order in writing

sustaining, modifying or withdrawing the notice which shall be served.

Upon failure to comply with any Order, the license for whom license

was issued shall be revoked.

Whenever the enforcing agency finds that an emergency may exist

(b)

which requires immediate action to protect the public health, the

agency may without notice or hearing issue an order reciting the

existence of such an emergency and requiring that such action be taken

as may deem necessary to meet the emergency including the suspension

of the permit or license.

All hearings are before the RDC.

If a party is not satisfied with

RDC’s decision, he or she can appeal to the Tribal Council.

Section 15-1110.

Environmental,

Open Space, Access Requirements.

Environmental Compliance requires adherence

General

to any and all

Federal and Tribal environmental laws and ordinances adopted by the

Tribe.

Open Space and Access Requirements shall comply with the

Uniform Building Code.

Section 15-1111.

Water Supply.

Park water distribution systems shall be designed and installed as set

forth in the 1997 Edition of the Uniform Plumbing Code, Chapter 10,

and Appendix A of the Uniform Building Code. The Water Supply is

maintained and regulated by CRIT Utility in accordance with the Safe

Water Drinking Act.

Section 15-1112.

Sewage Disposal.

Wastewater systems shall be designed, constructed and maintained

(a)

All raw

in accordance with Federal and Tribal laws and regulations.

or partially treated sewage w.thin a mobile home park shall discharge

into the joint use sewage system or sewage disposal system approved by

CRIT Environmental Protection Office.

Wastewater Collection System.

All plumbing and installation in

(b)

mobile home parks and mobile home lots shall comply with the

ruirtunLs of

Lh i7 Edition otthe Uniform plumbing Code,

Part 1 and Appendix B,

article.

Section 15-1113.

except

and as otherwise permitted or required by this

Electrical Distribution System.

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Except as otherwise permitted or required by this Article, all

electrical installations outside of permanent buildings in mobile home

parks shall comply with the applicable requirements

for installations

of 600 volts or less of the 1997 Edition of the National Electrical

Code, except Articles 550 and 551 enforced by Building Inspector.

Section 15-1114.

Service Building/Other Community Serving Facility.

All service buildings and other community serving facility shall be

permitted and built in accordance with the Uniform Building Code.

Section 15-1115.

Refuse Handling.

Refuse handling shall comply with the Tribal Solid Waste Management

Plan and any other applicable laws and regulations. It shall be the

responsibility of the Landfill Director and the Tribe’s Environmental

Protection Office Solid Waste Division to assure compliance with this

Ordinance.

Section 15-1116.

Fuel Supply/Storage.

Natural Gas liquefied petroleum gas systems, and fuel oil supply

systems shall comply with all applicable Tribal and Federal laws and

regulations.

Section 15-1117.

Fire Protection.

The CRIT Fire Chief and his delegates shall enforce the Health/Safety

Code and Life and Safety Code to ensure compliance with this

Ordinance.

By way of Resolution #178-90 dated 08-20-90 the CRIT Fire

Chief was authorized to enter into a Mutual Aid Agreement to

occasionally combat fires in non-tribal jurisdiction or near the

Reservation and non-tribal fire departments are agreeable to enter

into mutual aid agreements with each other.

Section 15-1118.

Miscellaneous Requirements.

The persons to whom a license for a single residential mobile

(a)

home set up and/or mobile home parks are issued shall operate in

compliance with this Ordinance and regulations issued hereunder and

shall provide adequate supervision to maintain the park, its

facilities and equipment in good repair and in clean and sanitary

condition.

Ownersof mobile homes and park occupants shall comply

with all applicable requirements of this Ordinance and regulations

issued hereunder and shall maintain his mobile home lot, its

facilities and equipment in good repair and in a clean, sanitary

condition.

(b)

Restrictions on Occupancy.

A mobile home shall not be occupied

LAND CODE

for dwelling purposes unless it is properly anchored on a mobile home

stand and connected to water, sewerage and electrical utilities.

Special consideration shall be given to Tribal members for those

housing units to be used for his/her immediate family. Certain

dispensation shall be determined on a case-by-case basis upon

recommendation of the Resource Development Committee.

Units to be

occupied by non-Tribal members shall adhere to all provisions of this

ordinance.

Section 15-1119.

Incorporated by Reference.

The following codes and ordinances are hereby incorporated by

reference.

Health and Safety Code, Article 1.

Building and

Construction Chapter 1 through 8; Article 6 Fire Prevention and Safety

Chapter 1 through 5; Land Code Article 2 and Article 5; Public

Utilities Code; Uniform Building Code and Life and Safety Code.

Housing and Urban Development (HUD) Code of Federal Regulations 24,

Parts 1700, revised April 1, 1997, Subpart A-General, 3280.3

Manufactured home procedural and enforcement regulations and consumer

manual requirements, and the Indian Health Service(IHS) Environmental

Health Guide for Mobile Home Communities.

***

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The foregoing Ordinance was enacted on March 5,1999, duly approved by

a vote of for andL against, by the Tribal Council of the Colorado River

Indian Tribes, pursuant to authority vested in it by Article VI of the

Constitution of the Tribes, ratified by the Tribes on March 1, 1975,

pursuant to Section 16 of the Act of June 18, 1934 (25 U.S.C. Section 476)

This ordinance is effective as of

(Qq

3L&L, f

COLORADO RIVER INDIAN TRIBES

COLORADO RIVER TRIBAL COUNCIL

Daniel Eddy, Jr. “

Chai

Tribal Council

LaWand

affoon

Secretary, Tribal Council

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.