Prior to the issuance of any building permit for a dwelling proposed for location within 300 feet of an existing or approved building or structure used to house poultry or livestock for commercial purposes, the applicants therefore shall be required to sign a waiver on a form prepared by the administrative officer which will indicate that the applicant understands that a use is ongoing adjacent to his proposed dwelling which will produce odors, noise, dust and other effects which may not be compatible with the applicant's dwelling.

By executing the form, the applicant agrees to waive any objection to those effects and understands that his permit is issued and processed in reliance on his agreement not to bring any action [asserting that the adjacent use(s) constitute a nuisance] against local governments and landowners on which said adjacent poultry house or other such structure is located. All such waiver forms required by this section shall be public record.

(Ord. of 12-21-2020)

Within any land use district, exterior illumination of any particular site shall not exceed 1.2 foot-candles of illumination at any property line and shall not shine directly into yards associated with a residential use nor into the windows of a residential structure. Outdoor lighting associated with outdoor recreation shall not shine directly into yards associated with a residential use or into the windows of a residential structure. Every person holding title to or possessing a mobile home/manufactured home which is placed or located within the limits of unincorporated Habersham County, in addition to the requirements herein, shall report the location to and obtain a location decal for said mobile home or manufactured home from the Tax Commissioner of Habersham County annually, no later than May 1 of each year.

(Ord. of 12-21-2020)

(a)

Minimum construction standards. Each manufactured home newly installed in Habersham County shall conform to the minimum construction standards required by the U.S. Housing and Urban Development as required by the National Mobile Home and Safety Standards Act of 1974, 42 USC, Section 5401, et seq. before that manufactured home is entitled to be connected to any utility service.

(b)

Location permit required. No mover, hauler or person shall move a manufactured home into or within unincorporated Habersham County without first obtaining a location permit from the tax commissioner of Habersham County authorizing such location. No location permit shall be issued until:

(1)

The person, firm, corporation or other entity moving it specifies the new map and parcel and address of the proposed location to which it is to be moved.

(2)

The owner of said manufactured home submits to the aforesaid Tax Commissioner proof that all state and county taxes, interest and penalties theretofore accruing and payable with respect to such manufactured home have in fact been paid.

(3)

The person, firm, corporation or other entity moving it acquires a building permit, a sanitary/septic permit for waste water hookup, and suitable proof of a potable water source for that site. In the event that a municipality provides water and/or sewer hookup, a letter must be provided by a duly authorized representative of the municipality verifying that such hook-up is available and obtainable.

(c)

Location permit issuance. Any owner of a manufactured home who has made application for the location of a manufactured home and whose application meets the requirements of this article shall be issued a location permit and decal. The location decal authorizing location of a manufactured home within unincorporated Habersham County shall be the same color as prescribed by state law and shall be affixed to the manufactured home in such a manner as to cause it to be easily visible for inspection at all times.

(d)

Penalty.

(1)

Failure to remove a pre-owned manufactured home from the jurisdiction upon failure to receive a certificate of occupancy shall be punishable by a fine in the amount specified in the current Habersham County fee schedule. This subsection shall not prohibit or limit the county authorities from providing other methods of prosecution of an owner.

(2)

Failure to attach and display current decal shall be a misdemeanor and punishable by fine of not less than $25.00 nor more than $200.00; except that upon receipt of proof of purchase of a decal prior to the date of issuance of a summons, the fine shall be $25.00.

(3)

Moving or transporting a manufactured home within the jurisdiction without a current decal attached and displayed shall be guilty of a misdemeanor and punishable by a fine of not less than $200.00 nor more than $1,000.00 or by imprisonment of not more than 12 months, or both.

(4)

Violations of subsection (2) and (3) may be prosecuted in the Magistrate Court of Habersham County in accordance with O.C.G.A. § 15-10-60 et seq. Each day any violation under this section continues shall be considered a separate offense. The tax commissioner may issue executions for nonpayment in the manner prescribed in O.C.G.A, § 48-3-3 and the collection shall follow procedures prescribed in Title 48. Executions shall bear interest at the rate set forth in O.C.G.A. § 48-2-40 once issued.

(Ord. of 12-21-2020)

(a)

Issuance of relocation permit and affixation of decal. Any owner of a manufactured home who makes application for the relocation of a manufactured home and whose application meets the requirements of this article must obtain in addition to approval, a relocation permit and decal. The relocation permit, as set forth in section 68-703, issued authorizing relocation of a manufactured home shall be orange in color and shall be affixed to the manufactured home at all times such manufactured home is being transported. Such location decal shall be designed in such manner and affixed to the manufactured home in such a manner as to cause it to be easily visible for inspection at all times.

(b)

Manufactured homes brought into the county. Manufactured homes may be brought into the county and located on a sales lot of a State of Georgia approved dealer as listed in the office of the State Safety Fire Commissioner for resale without a building, sanitary or relocation permit. Installation must comply with the rules and regulations for manufactured homes made and promulgated by the Georgia Safety Fire Commissioner pursuant to the authority set forth in O.C.G.A. §§ 8-2-132, 8-2-135, 8-2-137(b), 8-2-161, 8-2-162, 8-2-165, 8-2-168 and 25-2.

(Ord. of 12-21-2020)

Site/stick-built houses moved within the county to another point within the county or from a point outside the county to a point within the county shall conform to all minimum construction standards required by the State of Georgia building, plumbing, mechanical, fuel gas and electrical codes enforced by Habersham County.

(a)

Moving permit required. Any person owning a site/stick-built house shall not move nor authorize the moving of any house or other similar structure or any portion thereof from within the county to a point outside the county, or from within the county to another point within the county, or from a point outside the county to a point within the county, or from a point outside the county through the county to another point outside the county without first having obtained all permits required by this article.

(1)

A County moving permit shall not be required if the route of travel is located entirely on roads under the jurisdiction of the State Department of Transportation which requires the appropriate state permit.

(2)

A person shall not be issued a permit to move any house or other similar structure or any portion thereof in the county, or into the county, or from the county to a point outside the county, or through the county until he or she has paid a moving permit fee as established by the governing body.

(3)

Upon filing of complete application for a permit to move a site/stick-built house, and upon compliance with all other applicable ordinances of the county and all permit fees paid, the administrative officer shall be authorized to issue a moving permit to the applicant. Said permit shall be displayed at all times during transportation and erection.

(4)

A permit to move a site/stick-built house from inside the county to a point inside or outside the county shall not be issued until the applicant has posted performance surety in the amount listed in the county fee schedule as adopted and amended with the planning and development department. The performance surety may be in the form of cash deposited with the county or a bond, irrevocable letter of escrow or letter of credit from a bank or other financial institution in a form acceptable to the administrative officer or county attorney. The performance surety shall be released to the applicant after the structure has been moved, the applicant has placed the premises or location in the condition as set forth in this article, and any damages to county property caused by the move have been repaired by the applicant. In the event the permit holder should fail to comply with these requirements, all or any portion of the performance surety shall be applied by the county to the cost of the county performing the work to the premises or location from where the structure was moved or performing the repairs to county property damaged as a result of the move. In the application for the moving permit, the applicant shall grant in writing unto the county, its agent or employees, the right to enter upon the premises to perform the work.

(5)

The application for a moving permit shall include information as to the route, date and time of the move which shall be subject to the approval of the Georgia Department of Transportation and County road department or engineer.

(6)

The mover shall, in writing, indemnify the county and hold the county employees and staff harmless from any and all damages which the county may suffer and from any and all liability claims including interest thereon, demands, attorney's fees, and costs of defense, or judgment against it arising from damages caused by the move of the structure.

(7)

Structures regulated in this article shall only be moved on Mondays through Thursdays between the hours of 9:00 a.m. and 3:00 p.m. unless otherwise approved in writing by the department of transportation or county road department or engineer.

(8)

Any individual, firm or corporation transporting any house or other structure formerly used for human habitation across or along the public roads or highways of the county shall be required to furnish proof that it has, in effect, public liability insurance in the amount of at least $300,000.00 combined single limit to protect the property and persons who may be damaged as a result of the moving of the structure.

(9)

All mail boxes, highway signs, and other movable obstacles involved in the move of the structure and located in the street right-of-way shall be removed as the structure approaches such an obstacle and re-erected immediately after the structure passes such obstacles in equal or better condition than prior to removal.

(10)

Trees located in the street right-of-way shall not be removed or trimmed without the written permission of the Georgia Department of Transportation or county road department.

(11)

During the move, the mover shall obtain an escort by a county law enforcement officer at the mover's expense.

(12)

For moving a structure or any portion of a structure for which a moving permit has been issued, the mover shall provide at least two calendar days' notice to the sheriff's department prior to the date of moving.

(b)

Building permit required.

(1)

All site/stick-built houses moved into or within the county must be located at an approved site. This approval is obtained by the issuance of a building permit for that site. The location of a moved site/stick-built house within the unincorporated areas of Habersham County shall not occur unless all permits required have been obtained. A building permit application is available at the planning and development department and the private sewerage disposal permit application is available at the county health department. Upon the issuance of the above building permit, a site/stick-built house may be moved into the county or within the county.

(2)

In order to obtain approval for permanent electrical service and before any person or persons are authorized to occupy any newly-installed moved site/stick-built house, a certificate of occupancy shall be issued indicating compliance with all applicable codes.

(Ord. of 12-21-2020)

(a)

Minimum construction standard. Each newly installed manufactured home in Habersham County shall conform to the minimum construction standards required by the U.S. Housing and Urban Development, as required by the National Mobile Home and Safety Standards Act of 1974, 42 U.S.C., Section 5401, et seq., before that mobile home or manufactured home is entitled to receive any utility service.

(b)

Nonresidential uses. Mobile homes shall not be occupied as a permanent office or for any other nonresidential use in any district, provided, however, that such mobile homes may be used for a temporary office, storage, or other permitted nonresidential use subject to the following conditions:

(1)

Approval by the administrative officer and issuance of a permit.

(2)

Said permit shall be temporary but renewable after a period of six months.

(3)

Said permit shall only be issued if plans and permit(s) have been approved for one or more permanent buildings on the subject property.

(4)

Adequate water and sewage disposal for the structure(s) is approved by the Habersham County Health Department.

(5)

Said mobile home(s) are removed upon the establishment of the appropriate permanent building(s) or structure(s) intended for such use.

(Ord. of 12-21-2020)

(a)

Minimum construction standards. Any mobile/manufactured home or site/stick-built home moved into unincorporated Habersham County shall as a minimum meet the following requirements:

(1)

Mobile/manufactured homes shall meet the requirements of the U.S. Housing and Urban Development Department's construction standards, as expressed in 42 U.S.C. Section 5401, et seq., and regulations established pursuant to that Act.

(2)

Site/stick-built houses shall meet the mandated building codes adopted by the State of Georgia.

(3)

Site/stick-built houses moved within the county to another point within the county shall conform to the minimum construction standards required by the State of Georgia building, plumbing, mechanical, fuel gas and electrical codes enforced by Habersham County.

(b)

Restrictions on moved mobile/manufactured home or site/stick-built home.

(1)

No used mobile or manufactured home more than seven years old being moved into Habersham County shall be allowed to locate for permanent or temporary occupancy unless such mobile or manufactured home has been occupied by the applicant/owner as his or her principal residence for the previous consecutive 12 months immediately prior to its being moved into Habersham County.

(2)

No mobile or manufactured home shall be moved into Habersham County to be used for a purpose other than occupancy by its owner as his or her principal residence.

(3)

Any mobile or manufactured home that is located in unincorporated Habersham County at the time of the passage of this chapter shall be freely transferable and relocated in Habersham County.

(4)

No used mobile or manufactured home being moved into Habersham County shall be allowed to locate for permanent or temporary occupancy in this county if said mobile or manufactured home is more than seven years old except as provided in the following paragraphs of this section:

a.

No mobile home or manufactured home permit or site/stick house will be issued unless proof of payment of current year real or personal property taxes is provided to the administrative officer.

b.

No person may occupy a home described in this section after the effective date of this chapter without a certificate of occupancy being issued by the administrative officer. A certificate of occupancy shall be issued within five working days after satisfactory final inspection by the Habersham County Building Department. Final connection of utilities shall not be performed by any public provider to such a home until approved by the authority having jurisdiction or a certificate of occupancy has been issued.

(5)

A mobile or manufactured home that is more than seven years old and does not meet the requirements of this chapter and a mobile or manufactured home that is located in Habersham County and was manufactured prior to U.S. Housing and Urban Development construction standards may be transferred without purchasing a moving permit to a Habersham County licensed dealer authorized to buy and sell mobile or manufactured homes for location at said dealer's place of business for sale or transfer outside of Habersham County. In no event shall this exception allow any person to live in said mobile or manufactured home or allow said home to receive any utility service.

(c)

Permitting process for moved site/stick-built houses. Notwithstanding anything to the contrary, a mobile/manufactured home or site/stick-built house may be moved into Habersham County that is more than seven years old provided the following conditions are met:

(1)

Said mobile/manufactured home or site/stick-built house is inspected by the planning and development department prior to being brought into Habersham County and must conform to the applicable U.S. Housing and Urban Development construction standards, as expressed in 42 U.S.C. Section 5401, et seq., and regulations established pursuant to that Act. The inspection shall ensure all windows, doors, smoke detectors, plumbing systems, electric systems, heating system and ventilation system are in working order. The general appearance of the manufactured home or site/stick-built house shall have all siding and paneling affixed properly.

(2)

In addition to the fees to be paid at the time of filing for a moving and building permit, there will be a charge, in an amount determined by the governing body, for travel outside Habersham County for the purpose of an inspection to determine if the manufactured home or site/stick-built house meets the minimum construction standards outlined in the article. The maximum radius of travel from Habersham County to the location of the manufactured home shall not exceed 50 miles. This inspection is to be made by the administrative officer. The mileage fee must be paid before the application is considered.

(3)

Said manufactured home or site/stick-built house is compatible with existing housing in the surrounding area in terms of type, style and condition.

(4)

The administrative officer, or his designee, may approve a completed application for movement of a manufactured home or site/stick-built house into the county only after a complete application is filed and a field inspection is performed by the administrative officer to determine if said structure complies with all applicable codes. The administrative officer may permit appropriate corrections be performed for code compliance after being brought into the county.

(5)

If a mobile/manufactured home or site/stick-built home is being replaced, it must be legally moved or otherwise properly disposed of within 180 days of utilities being disconnected or occupancy of the replacement unit, whichever is the lesser time.

(Ord. of 12-21-2020)

(a)

All newly-installed mobile/manufactured homes must be permanently connected to water, sewerage and electrical service in compliance with applicable health codes and Chapter 120-3-7 Rules and Regulations for Manufactured Homes made and promulgated by the Georgia Safety Fire Commissioner which include Chapter A.

(1)

All mobile/manufactured homes must be installed on an approved pier system and secured with approved tie-down devices, an approved plumbing system, an approved electrical system and an approved landing at each exit as required by the aforementioned rules and regulations.

(2)

Each mobile/manufactured home shall be installed such that the finished floor level of the mobile/manufactured home shall not exceed an average height higher than five feet in elevation from finished grades.

(3)

Within 30 days of the issuance of a temporary certificate of occupancy, the space beneath each mobile/manufactured home shall be enclosed with the exception of ventilation and access openings.

a.

A minimum of four ventilation openings shall be provided from the under floor space to the exterior.

b.

The standards are more specifically explained in the Rules and Regulations for Manufactured Homes. The enclosing materials shall extend from the lower edge of the exterior walls of the mobile/manufactured home to the ground surface level of the pad on which it is located.

i.

All such enclosures shall be permanently installed and consist of opaque, rust and rot resistant materials.

ii.

All ventilation and access openings shall be covered with wire mesh screen or its equivalent.

(4)

The administrative officer is authorized to permit the applicable power company to provide temporary power not to exceed 120 volts for the express purpose of completing necessary construction and installation of the mobile/manufactured home.

(5)

This provision specifically does not authorize permanent power hookup or occupancy of the mobile/manufactured home. It shall be unlawful for temporary power to be utilized on a permanent basis or for occupancy of said home.

(b)

Process of inspection for mobile/manufactured homes. Until the following inspections have been made and the mobile/manufactured home is found to be in compliance with all applicable codes, no permanent power may be installed and no occupancy shall be permitted. A certificate of occupancy, with written documentation provided to the applicant and a sticker attached to the electrical meter base, will be issued upon compliance. Occupancy is permitted only upon issuance of the certificate of occupancy:

(1)

Foundation: the administrative officer shall require the foundation to be inspected to ensure compliance with the Rules and Regulations for Manufactured Homes, as may be subsequently revised. These Rules and Regulations for Manufactured Homes are incorporated as a part of this ordinance by reference. Until the foundation is inspected and approved by the Habersham County Building Department, no additional work will be approved.

(2)

Plumbing: the administrative officer shall require the external plumbing system to be inspected, including water and sewage hookups, to ensure compliance with the Rules and Regulations for Manufactured Homes and the currently adopted edition of the International Plumbing Code. Until the plumbing system is inspected and approved by the Habersham County Building Department, no additional work will be approved.

(3)

Stairs and landings: the administrative officer shall require stairs and landings to comply with the specifications for stairs and landings contained in the current edition of the International Building Code and must as a minimum requirement adhere to the Rules and Regulations for Manufactured Homes, as may be subsequently revised

(4)

Electrical: the administrative officer shall require inspection of the electrical system to ensure compliance with the Rules and Regulations for Manufactured Homes and the currently adopted edition of the National Electrical Code.

(5)

Gas: the administrative officer shall require inspection of the gas system to ensure compliance with the current adopted edition of the International Fuel Gas Code.

(c)

Inspection of moved site built and stick-built homes. A moved site built or stick-built house shall be inspected as specified in the State of Georgia building codes governing new construction, additions, alterations, and remodeling. Application of the codes will depend on the repairs necessary to bring the home into compliance with the building codes and local ordinances.

(Ord. of 12-21-2020)

(a)

Mobile home/manufactured home parks. All mobile home/manufactured home parks hereafter developed shall conform to the following regulations:

(1)

Site plan approval required: All mobile home/manufactured home park developments shall require site plan approval by the governing body in accordance with the procedures and requirements established in Article XIII. The site plan shall show all proposed lots, numbered sequentially, that will be the maximum number of lots allowed in the park upon approval by the governing body.

(2)

Location and frontage: A mobile home/manufactured home park district development shall be located on property with a minimum frontage of 200 feet on a public street.

(3)

Street requirement: Interior roads serving the development are required and shall be suitably drained and have a minimum pavement width of 24 feet. If dedicated to the public, the roads within the development shall have a minimum right-of-way width of 40 feet.

(4)

Lot area and width: A mobile home/manufactured home park development shall have a minimum area of five contiguous acres and a lot width of at least 200 feet. Each lot space within the park shall have a minimum area of 9,000 square feet and shall have not less than 30 feet of frontage on the interior road.

(5)

Recreation and other community facilities: Not less than ten percent of the total area of the development shall be devoted to recreation and other community use facilities for those mobile home/manufactured home parks containing 20 acres or 25 units.

(6)

Setbacks required: No mobile home/manufactured home or other building or structure shall be located closer than 60 feet to any mobile home/manufactured home park perimeter property boundary. Each mobile home/manufactured home shall be set back from the front lot line and any other mobile home/manufactured home by at least 25 feet.

(7)

Perimeter buffer required: A buffer at least 50 feet in width shall be provided and maintained around the entire exterior perimeter of the mobile home park.

(8)

Lighting: All mobile home parks shall have lighting or appropriate height, spacing and intensity so that each mobile home/manufactured home site's access and parking is appropriately illuminated. Mercury vapor or high- or low-pressure sodium lights at not less than 500 feet intervals with a minimum height of 18 feet is recommended.

(9)

Utilities: All mobile home parks shall be served by water and sanitary sewer systems and shall be subject to approval by the Habersham County Health Department.

(10)

Service buildings: Accessory structures and community service facilities are hereby permitted for the convenience and well-being of park residents. Such structures may include, but are not limited to, the following uses:

a.

Park management offices, repair shops and storage;

b.

Community sanitary facilities;

c.

Community laundry facilities;

d.

Community postal facilities;

e.

Indoor community recreation areas;

f.

Commercial uses supplying essential goods or services.

(11)

Listing of mobile homes/manufactured homes required: Every person or other entity owning or operating a mobile home/manufactured home park and each such entity engaged in the sale or rental of mobile homes/manufactured homes or lots upon which to place them shall furnish the tax commissioner of Habersham County on January 1 and July 1 of each year with a complete list of all mobile homes/manufactured homes parked, rented or otherwise located upon the property of the entity or in a mobile home/manufactured home park operated by the entity.

(12)

Registration of park residents required: Park management must maintain a register of all park residents. The register must be available to any authorized person inspecting the park.

(b)

Uninhabitable mobile/manufactured homes. Any home alleged by the owner to be or determined by the administrative officer, fire chief and/or the health official of Habersham County to be no longer safe for habitation for reasons of structural safety, sanitation, fire safety or environmental concerns which impose a threat to the health, safety or general welfare of the public shall be made safe by removal, replacement or repair within 180 calendar days of official notification by the county. The vacant lot may remain vacant for a period not to exceed one year while improvements are made and a suitable replacement home can be found. This period of time is an exception to the six-month restriction contained in section 68-604 of this chapter. Any replacement home must be installed in compliance with the requirements of this chapter.

(Ord. of 12-21-2020)

(a)

No recreational vehicle shall be permanently occupied. For the purposes of this section, any recreational vehicle shall be deemed permanently occupied if:

(1)

The recreational vehicle is occupied for 30 or more consecutive days;

(2)

The recreational vehicle is occupied for 30 or more non-consecutive days during a 90-day period; or

(3)

The recreational vehicle is connected to metered water or electrical power at a unique mailing address.

The prohibition on permanent occupancy shall apply to all recreational vehicles regardless of location, excluding locations within approved recreational vehicle parks.

(b)

No recreational vehicle shall be permanently connected to water or electrical power. For the purposes of this section, any recreational vehicle shall be deemed permanently connected if:

(1)

the recreational vehicle is directly connected to metered water or metered electrical power, unless so connected pursuant to section 68-803;

(2)

the recreational vehicle is directly connected to any water or any electrical power for 30 or more consecutive days;

(3)

the recreational vehicle is connected to water or electrical power for 30 or more non-consecutive days during a 90-day period;

(c)

All recreational vehicles must display a current license before being moved.

(d)

Recreational vehicles occupied on a temporary basis in accordance with section 68-803 shall be permitted.

(Ord. of 12-21-2020)

All recreational vehicle parks shall conform to the following regulations:

(a)

Site plan approval required: All recreational vehicle parks shall require site plan approval by the governing body in accordance with the procedures and requirements established in article XIII hereof.

(b)

Location and frontage: All recreational vehicle parks shall be located on property with a minimum frontage of 200 feet on a public street.

(c)

Street requirement: An interior road(s) serving the development is required and shall be suitably graded, stabilized and covered with a dust-free material which shall be durable and well drained under normal use and weather conditions. Said interior road(s) shall have unobstructed access to a public street or highway.

(d)

Lot area and width: The minimum land area of any recreational vehicle park shall be five contiguous acres. Each space within the park shall have a minimum area of not less than 2,000 square feet, and lot lines shall be clearly delineated. Lots may be set at an angle, set parallel to the street, or varied in other ways provided that the arrangement is approved as a part of site plan approval. Each lot within the park shall have a minimum of 25 feet of street frontage and a minimum depth of 50 feet.

(e)

Utilities and improvements: Each vehicle/camping space shall be equipped with a suitable and approved electrical outlet, a threaded potable water standpipe and faucet, an approved connection to the community sewer system except at tent-only sites, a fire pit with permanent masonry or stone enclosure, a picnic-type table and a covered trash and garbage container. Garbage shall be removed daily from campsites. A separate dump station shall be available and monitored for those campers using chemicals in holding tanks which would be harmful to the community sewer system.

(f)

All recreational vehicle parks must be equipped with men's and ladies' restrooms with toilet, shower and lavatories at a ratio of two fixtures for each sex per 20 vehicle spaces and a central sanitary dump station. Each recreational park must provide on-site public telephone access.

(g)

Recreation facilities required: Parks designed to accommodate 15 or more recreational vehicles, campers, etc. shall provide one or more recreation areas. The size of the recreation area(s) shall be based on a minimum of 200 square feet for each travel trailer space. No recreation area shall be smaller than 3,000 square feet and each shall be equipped for family activity.

(h)

Service buildings permitted: Community service facilities and accessory structures are hereby permitted, subject to site plan approval, for the convenience of park patrons. Such structures may include, but are not limited to, the following uses:

(1)

Park management offices.

(2)

Community laundry facilities.

(3)

Indoor community recreation areas.

(4)

Commercial uses supplying goods or services for the use of park patrons.

(Ord. of 12-21-2020)

(a)

In cases where a violation of this article has been found by the administrative officer, he/she shall notify the owner of the property on which such violation is found by certified mail sent to the address of the property owner as it appears in tax information. If the owner of the mobile/manufactured home is different from the property owner, the violation notice shall also be sent by certified mail to the owner of the mobile/manufactured home. In the case no valid mailing address can be obtained or if the certified mail is returned to the administrative officer, the notice of violation may be hand delivered to the person deemed responsible for said violation. The notice of violation shall clearly state the nature of the violation, including specific provision(s) of this article which have not been complied with and the date upon which said violation(s) will be remedied. Said date will be determined by the administrative officer based on the nature and extent of the violation but in no case shall exceed seven business days from the date the certified mail was received. In cases where the notice of violation is hand delivered, the date upon which said violation(s) will be remedied shall not exceed seven business days from the date of delivery.

(b)

Issuance of stop work orders: the administrative officer is authorized to issue stop work orders in any instance where a violation of this article is found. The procedure for issuance of stop work orders shall be the same as the notification procedure for violations as specified above.

(c)

Procedure for non-compliance: In cases where a violation has occurred and the violator has not remedied the violation within the specified time period or in cases where stop work orders have not been fully complied with, the code enforcement officer, upon written notification from the administrative officer of such violation or non-compliance, shall issue a citation requiring appearance in Habersham County Magistrate Court. Said citation shall include any and all violations found by the administrative officer.

(d)

The tax commissioner pursuant to state law has the authority to enforce the provisions of this article in cases that involve a violation regarding location decals, relocation permits or failure to provide a complete list of all mobile/manufactured homes parked, rented or otherwise located upon the property of the entity or in a mobile/manufactured home park operated by the entity.

(Ord. of 12-21-2020)