The City of Vienna recently consulted the city attorney on whether or not a mobile home that burned could be replaced by another mobile home without being approved by the city council as per Vienna’s mobile home ordinance.

At the January meeting, the council discussed the mobile home that was replaced after a fire by Buddy Thompson in the lot he owns behind his business on Highway 63 South in Vienna. The previous mobile home was damaged in a fire and a question was raised about whether or not the mobile home could be replaced by another in that same location. Police Chief Shannon Thompson said its all been cleared up as the city attorney, Ross Bush, looked at the ordinance and his opinion was since the previous mobile home was destroyed by fire, replacing it did not need further authorization by the city council as per the city’s mobile home ordinance.

The city’s mobile home ordinance states “all presently existing mobile homes have the right to continue at their present location even though they are outside an area designated by the board of aldermen as a mobile home community or as a mobile home location.”

The next section of the city’s mobile home ordinance states, “Once a mobile home is removed from an area not designated as a mobile home community or as a mobile home location another mobile home may not be placed on that site unless done so within 15 days of the original removal and then only if the mobile home is occupied or lived in by the owner of the mobile home which was originally removed. This provision shall be applicable to all mobile homes which were not located in properly designated mobile home communities or locations.”

The ordinance further states, “It shall be unlawful for any person to establish, place, maintain, operate, permit or locate any mobile home or mobile home community on any premises within the city without first securing a permit from the board of aldermen.” The ordinance states a written application is to be filed with the city accompanied by a verified affidavit of the owner and include a legal description of the premises the mobile home will be located. A public hearing will be held so citizens can be heard and at least 15 days notice of the hearing will be published for two weeks in a newspaper of general circulation in the city. A fee will be paid by the applicant to cover the cost of publishing the notice of public hearing.

Bush interpreted the ordinance that the new trailer was legally placed because the previous mobile home was occupied as part of possession, control and use.

North Ward Alderman Tyler “TC” James said he thinks the ordinance was interpreted differently than intended by the council that originally crafted and approved a mobile home ordinance for Vienna. He thinks it probably should have been advertised and a public hearing held before a new mobile home was moved in. Chief Thompson said it was to allow someone who already had a mobile home to be able to replace it. James said the ordinance was “twisted.”

South Ward Alderman Brenda Davis said they don’t know what the original council wanted with the ordinance and maybe it should be cleared up now. James agreed that now is the time to clarify what the council wants in the ordinance.

James said it needs to be changed as the trouble is the mobile homes get run down. Chief Thompson said Buddy Thompson’s situation was unique. James said he thinks if a mobile home is replaced, it probably needs to be advertised and a public hearing held as the ordinance states. Utilities Superintendent Shon Westart said the adjoining property owners should have a say about it. Clerk James said they can work on this ordinance and make changes, but there is a cost to do it.

The council briefly discussed a building permit ordinance, which the city is not quite qualified to adhere to because it requires residents to obtain a building permit when doing any construction work to their homes and also requires a building inspector. The city does not have permits or a building inspector.

Davis said they probably ought to get rid of the ordinance if they don’t plan to enforce it. Clerk Sherry James said now the people building on or adding a new structure talk to Westart about the project. Westart said his concern is that there might be construction over water and sewer lines. Davis said her concern is why have the ordinance they don’t use.

Clerk Sherry James said there are many ordinances that don’t apply to Vienna as the ordinance book was prepared by MRPC and is general rather than specific to Vienna. The city council did not adjust it.

Davis said it sounds as though Westart sort of acts as the building inspector. James said he knows people who live elsewhere who have to pay $5,000 for a building permit. One of the reasons Hippos wanted to locate an emerging market business in Vienna is because of the city’s “low regulations.” Davis said there could be push back if they don’t enforce the ordinance. Westart said he keeps an eye on the water and sewer lines when someone is building.

Clerk James said there are many laws on the books that don’t or no longer pertain to the city and it would be expensive to change the ordinance book. Davis said it could cost $10,000 or more. Clerk James said it cost $500 last time to change five ordinances.