§ 85-888. Temporary use mobile structures.

A. 

Legislative intent. The Town Board of the Town of Brookhaven hereby finds and determines that under certain specific circumstances, where a single-family dwelling has been rendered uninhabitable by the occurrence of a catastrophic event such as a fire, flood, or otherwise, or due to extensive construction that makes the existing residence uninhabitable, the installment and temporary use of a house trailer or mobile home shall be permitted as a practical economic means of providing for the temporary housing needs of the individual(s) and/or family so displaced, so long as for a reasonable period during which the affected dwelling place shall be repaired and/or reconstructed. Further, it is this Board's specific intent in enacting this section to permit such shelter for temporary occupancy exclusively, and without exception, subject to certain safeguards which will ensure the health, safety, and welfare of such displaced occupants and neighboring residents as well.

B. 

House trailers and/or mobile homes shall be permitted in all residential zoning districts for the temporary use and occupancy of an individual(s) displaced by the occurrence of catastrophic damage to their single-family dwelling which renders said dwelling temporarily uninhabitable, subject to the following requirements:

(1) 

The house trailer or mobile home shall be located on the same parcel upon which the damaged dwelling is located or on a contiguous parcel thereto.

(2) 

That appropriate sanitary, water supply and electrical service shall be installed as evidenced by approval and permit of the Suffolk County Department of Health Services, the Chief Building Inspector, and an authorized electrical inspection company, respectively.

C. 

No house trailer, mobile home or other temporary quarters as authorized herein shall be located upon and/or installed upon a residentially zoned lot or parcel unless a permit therefor shall be issued by the Chief Building Inspector, who shall take into consideration the following factors prior to his or her approval of the installation:

(1) 

The availability and accessibility of necessary utilities.

(2) 

The front, side, and backyard setbacks to be provided from the temporary housing quarters.

(3) 

The extent of intrusion upon neighboring residentially developed properties.

(4) 

Such other factors as s/he shall deem relevant to the health, safety, and welfare of the displaced occupants and resident(s) of the neighborhood.

D. 

Said permit shall be issued for a period not to exceed one year and shall be subject to no more than two ninety-day extensions thereof.

E. 

The Chief Building Inspector is hereby authorized to revoke any permit issued herein, in the exercise of reasonable discretion, upon due investigation, where she/he determines that the temporary house trailer or mobile home is being used in an unsafe manner or in violation of provisions of this section herein. Written notice of said contemplated revocation shall be made by personal service or by certified or registered return receipt mail, at least five business days prior to such said revocation.

F. 

In the event that a house trailer or mobile home permitted in accordance with the provisions of this section shall not be removed at the end of the permit period and any extension thereof, there shall be a per-diem civil penalty of at least $50 or a maximum of $150 for each day that it remains beyond the expiration of the permit.

G. 

If the house trailer or mobile home remains for more than 14 days beyond the expiration of the temporary permit, the Commissioner of Planning, Environment and Land Management, or his representative, shall, after notifying the owner of said house trailer or mobile home by registered or certified mail, return receipt requested, cause the house trailer or mobile home to be removed. The expense of removal and any resulting storage charges shall be paid by the owner of the house trailer or mobile home, and if said cost is not paid within 10 days, the Commissioner of Planning, Environment and Land Management may advertise for the public sale of the house trailer or mobile home in the official newspaper of the Town and sell the house trailer or mobile home to the highest bidder at a public sale. The monies realized from the sale shall be applied first to any outstanding civil penalties, next to reimburse the Town for all expense incurred for moving and storage of the house trailer or mobile; and last, excess monies shall be remitted to the registered or certified owner thereof.