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HomeMy WebLinkAboutA001 - cover letter for ordinance SOLE® CITY CLERK CITY 07 AlviES,IOWA City of - AMES, Iowa 50010 DEC 1 197$ 1 (515) 232-6210 JOHN R. KLAUS City Attorney R. MICHAEL HAYES Ass It. City Attorney December 8 , 1978 Honorable Lee Fellinger, Mayor And Members of the City Council Of The City of Ames, Iowa In Re: Ordinance Amending the Municipal Code by Repealing Chapter 23 Pertaining to Mobile Homes and Mobile Home Parks Dear Mayor Fellinger and Council Members : You will find herewith an ordinance for the purpose of repealing chapter 23 of the Municipal Code of the City of Ames, Iowa. This is in accordance with my recommen- dation in the report of necessary code revisions under date of October 13 . At the meeting of December 5 , the Council indicated that it would desire to see this ordinance on the agenda for December 19 . Repeal of Chapter 23 as it presently exists does not re- move the City of Ames from involvement with mobile homes and mobile home parks. The City of Ames will, under state law, remain an active participant in the licensing and inspection of mobile home parks much in the same manner as the City is a participant with the state in licensing liquor establishments. Under the provisions of section 135D.3 of the Code of Iowa, the required annual license for a mobile home park must be submitted to the State Department of Health, but this section provides that if the mobile home park is located within the municipality the application is filed with the local Board of Health, which in our case is the City Council. The local Board then votes either to approve or disapprove the license or renewal and the application is then processed to the state for final action. Combining Education and Industry with Hospitality -2- Section 135D.5 of the Code of Iowa 1977 provides that: "When the application is received by the State Department of Health it shall promptly cause that the mobile home park and appurtenances thereto to be inspected. " In this regard section 135D.20 empowers the State Department of Health to delegate the inspection function to the local authority. If this is done, then the local authority is empowered to retain one half of the twenty-five ($25 . 00) dollar annual license fee, that is twelve dollars and fifty cents ($12 . 50) per mobile home park. However, since it is unlikely that the City could perform a meaningful inspection of a mobile home park for $12 .50 from the standpoint of pure economics , it would make more sense to insist that the State Department of Health perform the inspections as they are required to do by law. Respectfully submitted, John R. K1 us City Attorney cc T.V. Sprenkel Pat Switz