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APPEAL ROBERT CULP FROM DECISION HEARING OFFICER JANUARY 7 (03/17/87)

decided: March 17, 1987.

IN RE: APPEAL OF ROBERT CULP FROM DECISION OF HEARING OFFICER OF JANUARY 7, 1985, CONCERNING DENIAL OF CERTIFICATE OF REGISTRATION AND CEASE AND DESIST ORDER CONCERNING MOBILE HOME PARK BY BUCKS COUNTY DEPARTMENT OF HEALTH ON TAX PARCELS 12-8-21-1 AND 12-8-21-2. ROBERT CULP, APPELLANT


Appeal from the Order of the Court of Common Pleas of Bucks County, in case of Re: Appeal of Robert Culp from Decision of Hearing Officer of January 7, 1985, concerning denial of certificate of registration and cease and desist order concerning Mobile Home Park by Bucks County Department of Health on Tax Parcels 12-8-21-1 and 12-8-21-2, Docket No. 85-217-03-6.

COUNSEL

Robert Culp, appellant, for himself.

Elliot M. Drexler, Connolly, Chandor & McAndrews, for appellee.

Judges MacPhail, Doyle and Barry, sitting as a panel of three. Opinion by Judge Doyle.

Author: Doyle

[ 104 Pa. Commw. Page 636]

This is the appeal of Robert Culp (Appellant) from an order of the Court of Common Pleas of Bucks County affirming the decision of the Bucks County Board of Health, which denied Appellant's application for a certificate of registration for a mobile home park. We affirm.

Appellant owns and operates an eight-unit mobile home park in East Rockhill Township, Bucks County, Pennsylvania. This mobile home park was in existence prior to 1980, and Appellant admits that he has never registered his mobile home park as is required by the Bucks County Department of Health's Rules and Regulations

[ 104 Pa. Commw. Page 637]

    for mobile home parks, which became effective on November 1, 1980. In May 1982,*fn1 the Bucks County Department of Health (Department) received a complaint with regard to the operation of Appellant's mobile home park. In January 1983, the Department held a conference with Appellant concerning the operation of his mobile home park. On February 3, 1983, Appellant filed an application with the Department to obtain a "Certificate of Registration" for his mobile home park. Field investigations were made in February, March and May of 1983 to determine whether the mobile home park met the requirements of the Department's regulations. Subsequently, the Department, by letter dated June 13, 1983, informed Appellant that his mobile home park was in violation of its regulations and ordered him to "cease and desist the operation of the mobile home park . . . within 90 days from receipt of this letter, unless compliance can be made with the Department's Mobile Home Park Rules and Regulations. Failure to do so will necessitate the Department's taking immediate action to enforce compliance." Attached to this letter was a copy of the Department's regulations, a list of six violations found by the Department, and the remedial measures needed to bring Appellant's mobile home park within compliance.

Appellant filed an administrative appeal with the Department. Following three days of hearings, the hearing officer affirmed the Department's denial of

[ 104 Pa. Commw. Page 638]

Appellant's application for a certificate of registration. In his order the hearing officer wrote that the Department's cease-and-desist order "shall not take effect until February 28, 1985 and [that] during the interim, Appellant may make appropriate corrective measures to satisfy the requirements of the Department, and, thereby, possibly obtain a certification of registration prior to the enactment of this cease and desist order."

On appeal, the Court of Common Pleas of Bucks County, without taking additional evidence, affirmed the decision of the ...


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