The purpose of this enactment is to provide protection to residents of Young Harris against potential hazards to the health, safety and welfare of occupants of manufactured housing placed on real property located within the geographical boundaries of Young Harris in accordance with state and federal standards, and to regulate the installation of manufactured housing so as to provide protection to the occupants thereof and to ensure compliance with state and federal standards.

(1)

Act or the Act means the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 USC § 5401 et seq., as amended and any and all rules and regulations promulgated thereunder.

(2)

Compliance officer means the person designated by Young Harris to enforce the provisions of this ordinance.

(3)

HUD means the United States Department of Housing and Urban Development.

(4)

Installation means the construction of a foundation system and the placement or erection of a manufactured home on the foundation system, including (but not limited to) supporting, blocking, leveling, securing or anchoring such home and connecting multiple or expandable sections of such home. For purposes of this ordinance, the terms "installation" and "set up" are interchangeable.

(5)

Installer means a person responsible for performing an installation of a manufactured home and who is required to obtain a license pursuant to O.C.G.A. § 8-2-164. In addition thereto, "installer" shall also mean and include any "registered installer" or "licensed installer" as defined in the Rules and Regulations of the Office of Commissioner of Insurance and Safety Fire Division, § 120-3-7-.03(6).

(6)

Manufactured Housing Act means the "Uniform Standards Code for Manufactured Homes Act," codified at O.C.G.A. § 8-2-130 et seq., and any rules and regulations promulgated thereunder.

(7)

Safety fire division means the authorized inspection and enforcement authority of the Georgia Safety Fire Commissioner.

(8)

Secretary means the Secretary of the U.S. Department of Housing and Urban Development.

(9)

Set up. See "installation."

(10)

Standards means the Federal Manufactured Home Construction and Safety Standards as promulgated under Section 604 of the Act, 42 USC § 5403, as part of the federal regulations.

(11)

State administrative agency means an agency of the state which has been approved by HUD to carry out the state plan for enforcement of the standards pursuant to Section 632 of the Act (42 USC § 5422). The Manufactured Housing Division of the Safety Fire Division is the state administrative agency for Georgia.

Each manufactured home to be located in Young Harris shall conform to the requirements of the Act and the rules and regulations promulgated thereunder by the secretary as the construction standards for manufactured homes, contained at 24 CFR § 3280, as amended and the rules and regulations of the Georgia Office of Insurance and Safety Fire Commissioner, at Georgia Rules and Regulations, section 120-3-7-.05 and section 120-3-7-.06, as amended.

Every installer who installs new or previously owned manufactured homes in Young Harris shall have an installer license as required by the rules and regulations of the Georgia Office of Insurance and Safety Fire Commissioner, at Georgia Rules and Regulations, section 120-3-7-.08, as amended.

Each installation of a manufactured home in Young Harris shall comply with the installation requirements set forth by the rules and regulations of the Georgia Office of Insurance and Safety Fire Commissioner, at Georgia Rules and Regulations, section 120-3-7-.14, including, but not limited to, Appendix A to section 120-3-7-.14.

An inspection of any manufactured home installation in Young Harris shall be conducted by the Young Harris building official to ensure compliance with the requirements of O.C.G.A. § 8-2-160 et seq., the rules and regulations of the State of Georgia and the provision of the Young Harris Code. No location permit shall be issued for any manufactured home within Young Harris until the inspection required by this section has been completed and the manufactured home is determined to be in compliance with any applicable provision of any and all laws, rules and/or regulations and a location permit has been issued by the city. It shall be unlawful to reside in a manufactured home before a location permit is issued by the city.

(1)

Upon completion of inspection, the owner of any manufactured home in Young Harris shall apply to the city for and obtain a manufactured home location permit. Such permit shall be evidenced by a decal to be affixed to the exterior of the manufactured home.

(2)

The issuance of a manufactured home permit or decal shall not eliminate, waive or supersede the zoning requirements contained in the zoning ordinance of Young Harris governing the location of manufactured homes.

The Young Harris building official shall issue a citation to the owner or occupant of any manufactured home not in compliance with this ordinance. The citation shall notify the owner, if known, of the manufactured home that it is in violation of this ordinance by either leaving a notice of violation with a person of legal age found therein or by registered mail, return receipt requested. If the owner of the manufactured home is not known, such notice may be given to any occupant therein by the same means. The notice shall state that a decal for the manufactured home is required and not properly displayed. The notice shall also state the penalties set forth in this ordinance, along with those contained within O.C.G.A. § 48-5-493, as amended and Georgia Rules and Regulations section 590-11-9-.11, as amended.

Any owner of a manufactured home located in Young Harris (other than a manufactured home dealer) subject to these regulations that fails to obtain or affix a decal required by this article shall be guilty of a misdemeanor. Upon conviction thereof, the owner shall be punished by a fine of not less than $200.00, nor more than the maximum allowed by law.