Each and all of the regulations, provisions, penalties, conditions, terms and all appendices of the latest editions of:

   A.   New Mexico manufactured housing division rules and regulations;

   B.   NFIP (national flood insurance program) regulations, 44 CFR, section 60.3; flood insurance study; and flood insurance rate map, effective June 4, 2010; and

   C.   National manufactured housing construction and safety standards act of 1974;

are hereby referred to, adopted and incorporated by reference as fully as if set out verbatim herein and any amendments thereto, including the latest editions thereof. (Ord. 969, 6-9-2015)

Fees shall be established and revised as needed by resolution of the city council, to defray costs of any application, administration review, and any inspections as may be required by this chapter. No permit shall be issued nor shall an application be considered prior to the receipt of any required fee and a copy of the New Mexico manufactured housing division permit issued by the New Mexico regulation and licensing department/manufactured housing division. The fee schedule shall be available for review in the office of the community development director. (Ord. 969, 6-9-2015)

All manufactured homes, whether titled or untitled, are subject to this chapter and shall, prior to occupancy, be inspected by an authorized official, and issued a certificate of occupancy. Approved on site utilities, to include water, sewer, and electricity, are prerequisite to issuance of a manufactured home placement permit (MHPP).

   A.   All electrical, plumbing, and gas hookups from structure to public tie ins shall be inspected and approved by an inspector of the New Mexico manufactured housing division (NMMHD) or construction industries division (CID), as the case may be, prior to occupancy. All water, sewer and electrical public tie ins shall be permitted and inspected by the city of Artesia's building inspection division before a certificate of occupancy shall be issued by the code enforcement officer.

   B.   Any water, sewer, electric, or natural gas utility provider that connects services to individual parcels before the landowner holds a valid MHPP is in violation of this chapter and the service shall be disconnected.

   C.   There shall be no multiple users connected to a domestic water well nor to any on site liquid waste disposal system except for properly permitted systems through New Mexico environmental protection agency (NMEPA). (Ord. 969, 6-9-2015)

   A.   Placement of a manufactured home and related development shall comply with the minimum standards set forth within the floodplain ordinance as adopted by the city of Artesia in accordance with the national flood insurance program. Manufactured homes proposed to be placed within a flood zone as designated by the national flood insurance rate map require a floodplain development permit issued by the floodplain manager of the city of Artesia.

   B.   No person shall transport nor move into, nor install upon any site in the city of Artesia, any manufactured home that does not have affixed to it a U.S. department of housing and urban development label of certification, or other sufficient proof of the date of the manufactured home, and shall be habitable as defined in this regulation prior to occupancy and issuance of a certificate of occupancy.

   C.   Applications submitted for an MHPP shall be considered complete when submitted with the following: a legal description of the property, a plat or survey map clearly and accurately defining the location of the property, a site plan of the proposed orientation and location of the manufactured home and a copy of a valid manufactured home placement permit issued by NMMHD. A complete application shall also include the location of available utilities, such as water, wastewater, natural gas, electrical service and other utilities. A complete application for an MHPP shall also include applicable approvals, such as a permit to develop within a floodplain, approval from the NMEPA for multiple user connections, and similar required approvals. Incomplete applications for an MHPP shall be returned to the applicant for completion. Only complete applications for an MHPP shall be reviewed as provided by this chapter. The community development department shall issue an MHPP as soon as the review of the completed application as submitted is found to be compliant with this chapter and applicable codes, and all applicable fees have been received.

   D.   All manufactured homes shall have affixed in front, closest to the main entrance, and at the rear of the structure the address, clearly visible from street/alleyway, four inches (4") in height and contrasting in color. The address shall be placed on the manufactured home before a certificate of occupancy is issued.

   E.   All manufactured homes shall be placed on a permanent foundation system per New Mexico manufactured housing rules and regulations, 14 NMAC 12.5.11.

   F.   Exterior doors shall meet the following conditions, and details shall be included with a complete application for an MHPP:

      1.   Exterior doors of a manufactured home shall open onto a landing with a minimum dimension of thirty six inches (36") measured in the direction of travel and thirty six inches (36") in clear width.

      2.   Landings shall be permitted to have a slope not to exceed one- fourth (1/4) unit vertical in twelve (12) units horizontal (2 percent slope).

      3.   Guards measured thirty six inches (36") in height shall be located along open sided walking surfaces of landings located more than thirty inches (30") measured vertically to the floor or grade below at any point within thirty six inches (36") horizontally to the edge of the open side.

      4.   Steps shall not be less than thirty six inches (36") in clear width at all points and have a maximum riser height of seven and three-fourths inches (73/4"). The greatest riser height within any flight of stairs shall not exceed the smallest by more than three-eighths inches (3/8") when measured vertically between leading edges of adjacent treads.

      5.   Handrails installed with a height between thirty four inches (34") and thirty eight inches (38") measured vertically from the sloped plane adjoining the tread nosing shall be provided on each side of all continuous runs of treads or flights with four (4) or more risers.

   G.    No manufactured home shall be occupied until the manufactured home placement permit has been signed and the code enforcement officer/building inspector has issued a certificate of occupancy.

   H.    It is the sole responsibility of those persons proposing to locate manufactured homes outside of an MH manufactured/mobile home district to ensure that manufactured homes are allowed by zoning classifications within the subdivision or area in which the location is intended for the manufactured home. The city of Artesia does not enforce restrictive covenants.

   I.    The entire perimeter of all manufactured homes shall be skirted on all sides within thirty (30) days of the date of issuance of the MHPP. Details for skirting materials shall be included with a complete application for an MHPP and shall be approved prior to installation. Acceptable skirting materials include vinyl sheeting, aluminum sheeting, painted galvanized steel sheeting or similar materials. The use of poor quality building materials, such as, but not limited to, wood boxes, crates, pallets, used tires and similar materials are prohibited and a violation of this chapter.

   J.    At no time shall a manufactured home be used as an unoccupied storage building within the city of Artesia.

   K.    Structural repairs, alterations and modifications, including reroofing and/or additions to a manufactured home, are regulated by the New Mexico manufactured housing division. It shall be the responsibility of the seller or purchaser to obtain the required permits from said agency. Upon inspection and approval by the State manufactured housing inspector, and compliance with this chapter, a certificate of occupancy shall be issued by the Code Enforcement Officer/building inspector of the City of Artesia prior to occupancy. (Ord. 969, 6-9-2015)

   A.    Exemptions: Any recreational vehicle (RV) located within an MH Manufactured/Mobile Home District shall be exempt from this chapter.

   B.    Location Where Occupied: Recreational vehicles (RVs) shall not be occupied anywhere in the City limits of the City of Artesia outside an MH Manufactured/Mobile Home District or RV park in a Commercial Business District.

   C.    Storage Restrictions: Recreational vehicles (RVs), boats and utility trailers may be stored on the premises of other zoning districts, with the following restrictions:

      1.   The RV, boat and utility trailer shall not block the sidewalk, driveway, or impede sight of traffic, nor block an alley.

      2.   Storage for RVs shall be in compliance with the following:

         a.   All wastewater and water connections shall be disconnected.

         b.   The RV must be physically and mechanically ready to lawfully operate on the highway or street, and be currently registered with a Motor Vehicle Department of any state.

      3.   RVs shall not be used for storage purposes of any item not utilized for direct operation of the RV.

   D.    Additional Parking Restrictions: It shall be unlawful to park, stand, or permit to remain any RV on any street, highway, or public alley within the City limits for longer than seventy two (72) consecutive hours.

   E.    Temporarily Permitted: Recreational vehicles (RVs) may be permitted temporarily, on site, where a building permit has been issued for a site built structure, for the period of time which coincides with the actual period of time utilized for the building permit. The chief building official and Fire Marshal shall determine the maximum number of RVs allowed on a construction site. (Ord. 1047, 2-12-2019)

   A.    The Community Development Department/Code Enforcement Officer/Building Inspector shall be responsible for the administration and enforcement of this chapter.

   B.    The State of New Mexico electrical inspector, State of New Mexico plumbing inspector, and/or any manufactured housing division inspector, and any other qualified person, may be authorized by the Code Enforcement Officer to help enforce the provisions set out in this chapter, or may be requested by the Code Enforcement Officer to give a written report or other advice to aid the City in the administration and enforcement of this chapter.

   C.    If, after inspection or investigation, a violation is found to exist, the Code Enforcement Officer shall serve, or cause to be served by personal service, or alternatively provide by certified mail to the owner of record, or to the occupant, or both the owner and the occupant, a "notice of violation" under this chapter. The "notice of violation" shall state the violation and notify of a ten (10) day time limit from the date of the notice in which the parties are required to abate the violation. In the event the violation is not abated within the ten (10) day time limit, then the City may proceed with enforcement as specified in subsection E of this section.

   D.    In the event a violation of this chapter is found by the Code Enforcement Officer to constitute an immediate danger to the public health and safety, the notice provisions of this section shall not apply, and the provisions in section 8-1-8 of this Code, may be separately invoked.

   E.    Enforcement action for any violation of this chapter shall be in the Municipal Court of the City of Artesia, New Mexico, and upon conviction, the offender shall be punished as provided by subsection 1-4-4C of this Code. Each day in which a violation is found to have occurred shall be determined to be a separate and distinct offense. (Ord. 969, 6-9-2015)