Is there a rule that cities follow regarding replacing an old mobile home with a new one? Do we need to apply for a permit before moving or demolishing the old home?
We had a tenant move out without giving notice, and the old home was removed. Now the city is saying that because the permit was not approved before the home was moved, the grandfathered status is lost.
What are the options I have in city of Grand Prairie, TX
You need to check with your local government. Every city/county/state has their own set of rules. Play by their rules and you will be fine for the most part. I would check into the grandfathering part. Don’t be afraid to use an attorney.
This is a bluff, don’t fall for it. If they push, ask them to show you the code that states this. They are going to try to “fool” you into believing them. Most of these small towns are trying to push out older parks. Like kyleroemmich1 said, do not be afraid to hire an attorney.
I spent a few minutes googling this and came up with this:
Texas State Law
Tex. Local Government Code § 211.018(b), (c)(2), (d)–(e)
Tex. Occupations Code § 1201.008(e)–(f)
Grand Prairie Unified Development Code (UDC)
UDC Article 26, § 26.3.1(C) (right to replace a manufactured home) article-26-09.02.25.pdf (343.0 KB)
Whoever you spoke with is Full of $hIT.
The only thing I can find that would allow them to prevent you replacing the home is if it’s been vacant for more than 12 months or if the park is within a floodplain.
That is the equivalent of saying if you own a commercial parking lot and the cars leave at night, they cannot return the next morning.
Every city is different, but in general what you are being told is not legal. Sometimes the city bureaucrats actually believe that to be true. The younger bureaucrats learn the incorrect ways of the older bureaucrats, so they may not be “lying” to you. In other cases, they may know what they are saying is not true hoping to call your bluff because they want to shut you down.
If you are lucky, you can research the ordinance and make a case yourself and have them agree. If you are less lucky, you may need to have a knowledgeable attorney reach out. Last time I brought up this fight, the legal bill was $5,000 but the city agreed they were wrong and now we can bring in homes again.
With tools like ChatGPT, you can search things like “show me the local ordinance in City, State that prevents me from replacing a manufactured or mobile home in a community if a prior home was removed from the lot.” Chat may not be perfect, but it will probably at least tell you which ordinances to read.