As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 461A.020
to 461A.065 , inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 1981, 1229; A 2001, 1728 ; 2003, 1732 )
“Administrator” means the
chief of the Manufactured Housing Division.
(Added to NRS by 1981, 1229)
“Agency for enforcement” or “agency” means the Division or the city or
county which has responsibility for the enforcement of the provisions of
this chapter and the regulations adopted under it.
(Added to NRS by 1981, 1229)
“Corporate
cooperative park” has the meaning ascribed to it in NRS 118B.0117 .
(Added to NRS by 2003, 1732 )
“Division” means the
Manufactured Housing Division of the Department of Business and Industry.
(Added to NRS by 1981, 1229; A 1993, 1635)
“Mobile home” means a
vehicular structure without independent motive power, built on a chassis
or frame, which is:
1. Designed to be used with or without a permanent foundation;
2. Capable of being drawn by a motor vehicle; and
3. Used for year-round occupancy as a residence, when connected to
utilities, by one person who maintains a household or by two or more
persons who maintain a common household.
Ê Except as provided in NRS 461A.070
the term does not include recreational vehicle.
(Added to NRS by 1981, 1229)
“Nuisance” includes:
1. Any nuisance as defined in NRS 40.140 .
2. As determined by the agency:
(a) Insufficient ventilation or illumination; or
(b) Inadequate or unsanitary sewage or plumbing facilities.
3. As determined by the county health officer:
(a) Uncleanliness;
(b) Any situation which renders air, food or drink unwholesome or
detrimental to the health of human beings; or
(c) Any situation which is dangerous to human life or is
detrimental to the health of human beings.
(Added to NRS by 1981, 1229)
“Recreational
vehicle” includes, without limitation, a recreational park trailer as
defined in NRS 482.1005 .
(Added to NRS by 2001, 1728 )
The provisions of this
chapter apply equally to movable structures without motive power which
are equipped for occupancy for industrial or commercial purposes,
recreational vehicles, factory built housing, modular buildings and
mobile home accessory buildings and structures when such structures or
vehicles are used as a dwelling for a period of 30 days or more at one
location.
(Added to NRS by 1981, 1236)
ADMINISTRATION AND ENFORCEMENT
Except as otherwise
provided in NRS 461A.110 , the
provisions of this chapter shall be administered by the Division, subject
to administrative supervision by the Director of the Department of
Business and Industry.
(Added to NRS by 1981, 1230; A 1993, 1635)
1. In order to carry out the provisions of this chapter, the
Administrator or a person designated by an agency for enforcement may:
(a) Issue subpoenas for the attendance of witnesses or the
production of books, papers and documents; and
(b) Conduct hearings.
2. The Administrator may make inspections of and approve or
disapprove plans and specifications for proposed mobile home parks and
alteration of mobile home parks. When it is necessary to make an
inspection to enforce any of the provisions of this chapter or when the
Administrator or his authorized representative has reasonable cause to
believe that there exists in any mobile home, mobile home lot or mobile
home park any condition or violation which makes it unsafe, dangerous or
hazardous, the Administrator or his authorized representative may enter
it at any reasonable time to inspect it or to perform any duty imposed on
the Administrator with respect to it. The Administrator shall first make
a reasonable effort to locate the owner or other person having charge or
control of the mobile home or mobile home lot or park, and if that person
is located, shall present to him proper credentials and request entry. If
that person is not located or entry is refused, the Administrator or his
authorized representative has recourse to every remedy provided by law to
secure entry.
3. A magistrate shall issue a warrant to permit an inspection if
the Administrator has shown:
(a) Evidence that a violation of a provision of this chapter or a
regulation adopted under it has been committed or is being committed; or
(b) That the mobile home or mobile home lot or park has been chosen
for an inspection on the basis of a general administrative plan for the
enforcement of the provisions of this chapter and the regulations adopted
under it.
4. The Administrator shall adopt regulations to carry out the
purposes of this chapter and to govern the use and occupancy of mobile
homes and premises. The regulations must establish minimum requirements
to protect the health and safety of the occupants and the public and must
provide for the abatement of any substandard, unsafe or unsanitary
condition of a mobile home or premises or of the electrical, mechanical
or plumbing systems therein.
5. The Administrator shall adopt regulations to govern the
construction and alteration of mobile home parks and lots within the
parks and the abatement of any substandard, unsafe or unsanitary
condition of a mobile home park. The regulations must establish standards
to protect the health, safety and general welfare of the residents of the
parks, and must contain provisions relating to:
(a) The construction and maintenance of roadways, driveways,
walkways and permanent buildings;
(b) Plumbing and the supply of water;
(c) Disposal of refuse and sewage;
(d) Electrical wiring, fixtures and equipment, any related
installations;
(e) Gas equipment and related installations;
(f) Prevention of fire and fire protection; and
(g) Other matters which relate to the health and safety of
residents.
6. When construction, rebuilding or other work is being performed
or is about to be performed in violation of the provisions of this
chapter or a regulation adopted pursuant to this chapter, the
Administrator may order the work stopped by written notice served on any
person performing the work or causing the work to be done, and the person
shall immediately stop the work until authorized by the Administrator to
proceed.
(Added to NRS by 1981, 1230)
1. The district court for the county in which any investigation or
hearing is being conducted by the agency for enforcement pursuant to the
provisions of this chapter may compel the attendance of witnesses, the
giving of testimony and the production of books and papers as required by
a subpoena issued by the agency.
2. If any witness refuses to attend or testify or produce any
papers required by a subpoena, the agency may report to the district
court for the county in which the investigation or hearing is pending by
petition, setting forth that:
(a) Due notice has been given of the time and place of attendance
of the witness or the production of the books and papers;
(b) The witness has been subpoenaed in the manner prescribed in
this chapter; and
(c) The witness has failed or refused to attend or produce the
papers required by subpoena before the agency in the investigation or
hearing named in the subpoena, or has refused to answer questions
propounded to him in the course of the investigation or hearing,
Ê and asking for an order of the court compelling the witness to attend
and testify or produce the books or papers before the agency.
3. Upon such petition, the court shall enter an order directing
the witness to appear before the court at a time and place to be fixed by
the court in its order, the time to be not more than 10 days from the
date of the order, and then and there show cause why he has not attended
or testified or produced the books or papers before the agency. A
certified copy of the order must be served upon the witness.
4. If it appears to the court that the subpoena was regularly
issued by the agency, the court shall enter an order that the witness
appear before the agency at the time and place fixed in the order and
testify or produce the required books or papers, and upon failure to obey
the order the witness shall be dealt with as for contempt of court.
(Added to NRS by 1981, 1235)
1. The Division shall:
(a) Provide to each owner of a mobile home park a checklist of the
provisions of this chapter which must include, without limitation:
(1) Contact information regarding the Division; and
(2) A simple description of each provision of this chapter;
and
(b) Update the checklist each time a provision of this chapter is
added, amended or repealed.
2. Each owner of a mobile home park shall provide a copy of the
checklist to each manager and assistant manager of the mobile home park.
3. In preparing the checklist pursuant to this section, the
Division may consult with any public or private entities, including,
without limitation, the representatives of owners and tenants of mobile
home parks.
4. As used in this section, “manager” has the meaning ascribed to
it in NRS 118B.0145 .
(Added to NRS by 2005, 2331 )
1. Each city and county may enforce this chapter and regulations
adopted pursuant to this chapter. If any city or county fails to enforce
this chapter, the Division shall enforce it in the territory of that city
or county.
2. The governing body of any city or county may adopt an ordinance
which is as stringent as or more stringent than the provisions of this
chapter.
(Added to NRS by 1981, 1236)
If an agency for enforcement has cause to
believe that a mobile home is substandard or that the owner of a mobile
home lot or mobile home park is in violation of any applicable health or
safety code or regulation, or is in violation of any provision of this
chapter or any regulation adopted pursuant thereto, the agency shall:
1. Inspect the mobile home, mobile home lot or mobile home park
not later than 3 business days after the agency learns of the alleged
substandard condition or violation; and
2. Make a report of the inspection to the Administrator not later
than 2 business days after completing the inspection.
(Added to NRS by 2005, 2331 )
SUBSTANDARD MOBILE HOMES
Any
mobile home where there exists any of the following listed conditions
which endangers the life, health, property, safety or welfare of the
public or the occupants of the mobile home is hereby declared to be
substandard:
1. Inadequate sanitation.
2. Structural hazards.
3. Nuisance.
4. Hazardous wiring.
5. Hazardous plumbing.
6. Hazardous mechanical equipment.
7. Faulty weather protection.
8. A condition as to cause a fire or explosion.
9. Faulty materials of construction.
10. Hazardous or unsanitary premises.
(Added to NRS by 1981, 1231)
Any mobile home which is determined to
be substandard by the agency is hereby declared to be a nuisance and:
1. Must be abated by repair, demolition or removal; and
2. Must not be rented, leased or sold or offered for rent, lease
or sale until the nuisance is abated.
(Added to NRS by 1981, 1231; A 1993, 2053)
1. When the agency has inspected or caused to be inspected any
mobile home and has determined that the mobile home is substandard,
proceedings to cause the mobile home to be repaired, vacated or
demolished must be commenced.
2. The agency shall issue an order directed to the owner and
lienholder of the mobile home and the owner of the land on which the
mobile home is located. If the agency is a city or county, it shall mail
a copy of the order to the Division. The order must contain:
(a) The street address and legal description sufficient for
identification of the mobile home and premises upon which the mobile home
is located, and the serial number of the mobile home.
(b) A statement that the agency has found the mobile home to be
substandard with a brief and concise description of the conditions found
to render the mobile home substandard under the provisions of this
chapter.
(c) A statement as follows of the action required to be taken as
determined by the agency:
(1) If the agency has determined that the mobile home must
be repaired, the order must state that all required permits must be
secured and the work physically commenced within 60 days from the date of
the order and completed within such time as the agency shall determine is
reasonable under all of the circumstances.
(2) If the agency has determined that the mobile home must
be vacated, the order must state that the mobile home must be vacated
within a certain time after the date of the order as determined by the
agency to be reasonable.
(3) If the agency has determined that the mobile home must
be demolished, the order must state that the mobile home must be vacated
within such time as the agency determines is reasonable, not to exceed 60
days after the date of the order, that all required permits must be
secured within 60 days after the date of the order, and that the
demolition must be completed within such time as the agency determines is
reasonable.
(d) Statements advising that if any required repair or demolition
work, where the mobile home was not required to be vacated, is not
commenced within the time specified, the agency will order the mobile
home vacated and posted to prevent further occupancy until the work is
completed, and may proceed to cause the work to be done and charge the
costs of repair as provided by this chapter.
(e) Statements advising that any person having any title or legal
interest in the mobile home may appeal from the order or any action of
the agency and that the appeal must be made in writing and filed with the
agency within 10 days after the date of the service of the order and that
failure to appeal constitutes a waiver of all rights to an administrative
hearing and determination of the matter.
(Added to NRS by 1981, 1231; A 1993, 2053)
1. The following procedure must be followed by the agency in
ordering that a substandard mobile home be repaired, vacated or
demolished:
(a) If any mobile home is declared substandard under this chapter
it must either be repaired or it may be demolished at the option of the
owner and lienholder.
(b) If the mobile home is in such condition as to make it
immediately dangerous to the life, property or safety of the public or of
the occupants, it must be ordered to be vacated.
2. Every notice to vacate must, in addition to being served, be
posted in a conspicuous place on the mobile home, and must be in
substantially the following form:
DO NOT ENTER
UNSAFE TO OCCUPY
It is a misdemeanor to occupy this structure or to
remove or deface this notice.
The notice must also briefly and concisely specify the conditions which
necessitate the posting.
3. A person shall not remain in or enter any mobile home to which
a notice pursuant to subsection 2 has been posted, except that entry may
be made to repair, demolish or remove the mobile home under a permit from
the agency. A person shall not remove or deface any such notice after it
is posted until the required repairs, demolition or removal has been
completed and a certificate of occupancy has been issued.
(Added to NRS by 1981, 1232; A 1985, 337)
If, after any order of the agency has become
final, the person to whom the order is directed fails to obey the order,
the agency may cause the person to be prosecuted or institute any
appropriate action to abate the substandard mobile home.
(Added to NRS by 1981, 1233)
1. If the required repair or demolition is not commenced within 30
days after a final order issued under this chapter becomes effective:
(a) The agency shall cause the mobile home described in the order
to be vacated by posting in a conspicuous place on the mobile home a
notice reading:
SUBSTANDARD STRUCTURE
DO NOT OCCUPY
It is a misdemeanor to occupy this structure or to
remove or deface this notice.
(b) A person shall not occupy any mobile home to which a notice
pursuant to paragraph (a) has been posted. A person shall not remove or
deface any notice so posted until the repairs, demolition or removal
ordered by the agency have been completed and a certificate of occupancy
has been issued.
(c) The agency may, in addition to any other remedy provided in
this section:
(1) Cause the mobile home to be repaired to the extent
necessary to correct the conditions which render the mobile home
substandard as set forth in the order; or
(2) If the order required demolition, cause the mobile home
to be sold and demolished or, to be demolished and the materials, rubble
and debris removed and the lot cleaned.
Ê Any such repair or demolition work must be accomplished and the cost
paid and recovered in the manner provided in this chapter. Any surplus
realized from the sale of the mobile home or from its demolition, above
the cost of demolition and of cleaning the lot, must be paid to the
person lawfully entitled to the money.
2. Upon receipt of any application from the person required to
conform to the order and an agreement by the person that he will comply
with the order if allowed additional time, the agency may grant an
extension, not to exceed an additional 120 days, within which to complete
the repairs or demolition, if the agency determines that an extension
will not create or perpetuate a situation imminently dangerous to life or
property. The agency’s authority to extend time is limited to the
physical repair or demolition of the mobile home and must not extend the
time to appeal the order.
3. A person shall not obstruct, impede or interfere with any
officer, employee, contractor or authorized representative of the agency
or with any person who owns or holds any interest in a mobile home which
has been ordered repaired, vacated or demolished under the provisions of
this chapter, or with any person to whom the mobile home has been
lawfully sold pursuant to the provisions of this chapter, whenever the
authorized person is engaged in the work of repairing, vacating and
repairing, or demolishing the mobile home pursuant to the provisions of
this chapter, or in performing any necessary act preliminary to or
incidental to such work or authorized or directed pursuant to this
chapter.
4. The agency may require the plans for repair to be prepared by
an architect or engineer at the expense of the owner.
(Added to NRS by 1981, 1233; A 1985, 337)
1. Any person against whom an action is taken pursuant to this
chapter is entitled to notice in the form of an order and a hearing
before the agency for enforcement in accordance with regulations of the
agency.
2. Upon request for such a hearing, the owner or lienholder of the
mobile home or the owner of the land on which the mobile home is located
must be granted a hearing on the matter before an authorized
representative of the agency or any other board, commission or official
authorized to conduct such hearings. This request must be made to the
agency within 10 days after personal service or acknowledgment of receipt
by mail of the order. If the owner of the land on which the mobile home
is located submits a sworn written statement denying responsibility for
the presence of the mobile home on his land within the prescribed period
of time, this statement shall be deemed a request for a hearing which
does not require the presence of the owner who submitted the request. If
such a request is not received within 10 days from the date of personal
service or acknowledgment of receipt by mail of the order, the agency may
abate the substandard mobile home.
3. Upon receipt of a request for a hearing or a sworn written
statement by the owner of the land on which the mobile home is located,
denying responsibility for the presence of the mobile home on his land,
the agency shall set a time and place for a hearing and shall give the
petitioner written notice of it. Receipt of the request for a hearing or
a statement by the owner of the land on which the mobile home is located,
operates to delay any action by the agency until after the hearing.
4. Upon receipt of a request for a hearing the agency shall give a
second notice directing the owner and lienholder of the mobile home and
the owner of the land on which the mobile home is located to appear at a
stated time and place to show cause why the substandard mobile home
should not be abated.
5. At the time and place fixed in the notice given pursuant to
subsection 4 the authorized representative of the agency or other board,
commission or official authorized to conduct the hearing shall proceed to
hear the testimony of the officers or employees of the agency and the
owner of the mobile home or his representatives respecting the condition
of the mobile home, the estimated cost of its repair or removal and any
other pertinent matters. Upon the conclusion of the hearing, the person
conducting the hearing shall render a decision in the matter which must
be reported to the agency. If the mobile home is found to be a nuisance,
the owner, lienholder or owner of the land must be ordered to abate the
nuisance within 30 days after the date of personal service or
acknowledgment of receipt by mail of the order.
6. The agency shall post a copy of the order to abate the
substandard mobile home in a conspicuous place on the mobile home. A copy
of the order must also be mailed or delivered by personal service to the
owner of the property on which the mobile home is located, and to the
last owner and lienholder of record of the mobile home.
(Added to NRS by 1981, 1234)
Any owner or other interested person who has an objection to the
hearing or the agency ordering the abatement of a nuisance must bring an
action in a court of competent jurisdiction within 30 days after the date
of the posting of the order on the mobile home or receipt of the order
pursuant to NRS 461A.180 or the
objection shall be deemed waived.
(Added to NRS by 1981, 1235)
The owner or
the lienholder of the mobile home is liable for the cost of abating the
nuisance. If the mobile home is in such condition that identification
numbers are not available to determine ownership or the agency is unable
to locate the owner or the lienholder of the mobile home, the owner of
the land on which the mobile home is located is liable for the costs.
(Added to NRS by 1981, 1235)
A notice identifying each
mobile home which has been demolished, dismantled or the subject of an
order issued pursuant to NRS 461A.140 , must be sent to the Division within 15 days
after the demolition, dismantling or completion of all proceedings,
including appeals, conducted in connection with the order. The notice
must contain all available evidence of ownership or the certificate of
title.
(Added to NRS by 1981, 1235; A 1993, 2054)
MOBILE HOME PARKS
1. Notwithstanding any provision of law to the contrary, if a
nonprofit organization owns or leases a mobile home park:
(a) The board of directors or trustees which controls the mobile
home park must be selected as set forth in this section; and
(b) The provisions of this section govern the operation of the
nonprofit organization and the mobile home park.
2. If a nonprofit organization owns or leases only one mobile home
park, the board of directors or trustees which controls the mobile home
park must be composed of:
(a) Three directors or trustees who are residents of the mobile
home park and are elected by a majority of the residents who live in the
mobile home park, with each unit in the mobile home park authorized to
cast one vote;
(b) Except as otherwise provided in subsection 4, three directors
or trustees appointed by the governing body of the local government with
jurisdiction over the location of the mobile home park; and
(c) Three directors or trustees elected by a majority of the other
directors or trustees selected pursuant to this subsection.
3. If a nonprofit organization owns or leases more than one mobile
home park, the board of directors or trustees which controls the mobile
home parks must be composed of:
(a) For each mobile home park, one director or trustee who is a
resident of that mobile home park and is elected by a majority of the
residents who live in that mobile home park, with each unit in the mobile
home park authorized to cast one vote;
(b) Except as otherwise provided in subsection 4, one director or
trustee appointed for each mobile home park by the governing body of the
local government with jurisdiction over the location of that mobile home
park; and
(c) For each mobile home park, one director or trustee elected by a
majority of the other directors or trustees selected pursuant to this
subsection.
4. The governing body of a local government with jurisdiction over
the location of a mobile home park owned or leased by a nonprofit
organization shall not appoint a director or trustee pursuant to
paragraph (b) of subsection 2 or paragraph (b) of subsection 3 unless the
land upon which the mobile home park is located or the improvements to
that land are owned by any governmental entity, patented to any
governmental entity or leased to the nonprofit organization by any
governmental entity.
5. The term of office of a director or trustee selected pursuant
to this section:
(a) Is 2 years, except that upon the expiration of his term of
office he shall continue to serve until his successor is selected; and
(b) Commences on July 1 of each odd-numbered year.
6. Any vacancy occurring in the membership of the board of
directors or trustees selected pursuant to this section must be filled in
the same manner as the original election or appointment.
7. The Attorney General shall:
(a) Enforce the provisions of this section;
(b) Investigate suspected violations of the provisions of this
section; and
(c) Institute proceedings on behalf of this State, an agency or
political subdivision of this State, or as parens patriae of a person
residing in a mobile home park:
(1) For injunctive relief to prevent and restrain a
violation of any provision of this section; and
(2) To collect any costs or fees awarded pursuant to the
provisions of this section.
8. The provisions of this section may be enforced with regard to a
nonprofit organization or a mobile home park by:
(a) The nonprofit organization;
(b) The board of directors or trustees required to be selected
pursuant to this section, or any member thereof;
(c) A person who claims membership on the board of directors or
trustees required to be selected pursuant to this section;
(d) A resident of the mobile home park;
(e) The local government with jurisdiction over the location of the
mobile home park; or
(f) Any combination of the persons described in paragraphs (a) to
(e), inclusive.
9. In any action to enforce the provisions of this section,
including, without limitation, an action to prevent or restrain a
violation of the provisions of this section, if a person is found to have
knowingly acted as a director or trustee on a board of directors or
trustees required to be selected pursuant to this section while he was
not authorized to act as such a director or trustee pursuant to this
section:
(a) The court shall award the prevailing party costs and attorney’s
fees;
(b) If the nonprofit organization which owns or leases a mobile
home park participates in the action, the court shall award the nonprofit
organization costs and attorney’s fees; and
(c) Costs and attorney’s fees awarded pursuant to this section must
be recovered from the person. If in the same action to enforce the
provisions of this section, more than one person is found to have
knowingly acted as a director or trustee on a board of directors or
trustees required to be selected pursuant to this section while he was
not authorized to act as such a director or trustee pursuant to this
section, each such person is jointly and severally liable for the costs
and attorney’s fees awarded pursuant to this section.
10. The provisions of this section do not apply to a corporate
cooperative park.
11. As used in this section:
(a) “Board of directors or trustees which controls the mobile home
park” means:
(1) If the nonprofit organization which owns or leases a
mobile home park does not own or operate any substantial asset that is
unrelated to the mobile home park, the board of directors or trustees of
the nonprofit organization; or
(2) If the nonprofit organization which owns or leases a
mobile home park owns or operates a substantial asset that is unrelated
to the mobile home park, a board of directors or trustees which:
(I) Has full and independent control over the affairs
of the nonprofit organization that are related to the mobile home park,
including, without limitation, full and independent control over all
policies, operation, property, assets, accounts and records of the
nonprofit organization which are related to or derived from the park;
(II) Notwithstanding any provision of law to the
contrary, exercises the powers described in sub-subparagaph (I) without
being subject to any control by the board of directors or trustees of the
nonprofit organization or any other person, group or entity within or
related to the nonprofit organization; and
(III) If the nonprofit organization owns or leases
more than one mobile home park, controls all of the mobile home parks
owned or leased by the nonprofit organization.
(b) “Corporation for public benefit” has the meaning ascribed to it
in NRS 82.021 .
(c) “Governmental entity” includes, without limitation, the Federal
Government, this State, an agency or political subdivision of this State,
a municipal corporation and a housing authority.
(d) “Nonprofit organization” includes, without limitation, a
corporation for public benefit.
(e) “Owns or leases a mobile home park” means being the owner or
lessee of:
(1) The land upon which the mobile home park is located; or
(2) The improvements to the land upon which the mobile home
park is located.
(Added to NRS by 2003, 1732 ; A 2005, 1604 )
1. A person shall not:
(a) Construct a mobile home park; or
(b) Construct or alter lots, roads or other facilities in a mobile
home park,
Ê unless he has obtained a construction permit from the agency for
enforcement.
2. Each agency for enforcement may charge and collect reasonable
fees, specified by ordinance or regulation, for its services.
3. Except as otherwise provided in NRS 461A.260 and 489.265 , money collected by the Division pursuant to
this chapter must be deposited in the State Treasury for credit to the
Fund for Manufactured Housing created pursuant to NRS 489.491 . Expenses of enforcement of this chapter must
be paid from the Fund.
(Added to NRS by 1981, 1236; A 1985, 295; 1995, 957; 2005, 2332
)
1. A person shall not construct or expand a mobile home park
unless he has obtained from the appropriate city, county or district
board of health a permit certifying that the infrastructure of the park
for the provision of water, septic and sanitation services does not
endanger the safety or health of the tenants or the general public.
2. The city, county or district board of health shall annually
inspect a park to ensure that the infrastructure of the park for the
provision of water, septic and sanitation services does not endanger the
safety or health of the tenants or the general public. Upon satisfactory
completion of the inspection, the city, county or district board of
health shall issue a permit to the owner of the park.
3. A person shall not operate a park without first obtaining a
permit issued pursuant to subsection 2.
4. The governing body of a city or county or the city, county or
district board of health may charge and collect reasonable fees to cover
the costs of conducting inspections and issuing permits pursuant to this
section.
(Added to NRS by 2005, 2331 )
1. If a person applies for the initial business license for a
mobile home park or acquires ownership of a mobile home park, the person
shall, within 3 business days, notify the local fire department within
whose jurisdiction the mobile home park is located.
2. Upon receiving notice pursuant to subsection 1, the local fire
department shall inspect the mobile home park for fire hazards and
compliance with applicable fire codes and regulations and shall notify
the Administrator of any violations.
(Added to NRS by 2005, 2331 )
A city or
county shall not issue a business license for a mobile home park unless
the person applying for the business license provides written proof from
the agency for enforcement that the mobile home park is in compliance
with all applicable fire, health and safety codes and regulations and the
provisions of this chapter and any regulations adopted pursuant thereto.
(Added to NRS by 2005, 2331 )
1. Each mobile home park constructed after July 1, 1981, but
before October 1, 1989, must provide direct electrical and gas service
from a utility or an alternative seller to each lot if those services are
available.
2. Each mobile home park constructed after October 1, 1989, must
provide direct:
(a) Electrical and gas service from a public utility or an
alternative seller, or a city, county or other governmental entity which
provides electrical or gas service, to each lot if those services are
available.
(b) Water service from a public utility or a city, county or other
governmental entity which provides water service, the provisions of NRS
704.230 notwithstanding, to the park if
that service is available.
3. Except as otherwise provided in subsection 4, in a county whose
population is 400,000 or more, each mobile home park constructed after
October 1, 1995, must provide direct water service, as provided in
paragraph (b) of subsection 2, that is connected to individual meters for
each lot. The individual meters must be installed in compliance with any
uniform design and construction standards adopted by the public utility
or city, county or other governmental entity which provides water service
in the county.
4. The provisions of subsection 3:
(a) Do not apply to a mobile home park constructed after October 1,
1995, if the mobile home park is operated by:
(1) A public housing authority; or
(2) A nonprofit corporation. As used in this subparagraph,
“nonprofit corporation” does not include a corporate cooperative park.
(b) Do not prohibit a mobile home park constructed on or before
October 1, 1995, from expanding the number of lots in the mobile home
park if the expansion can be accommodated under the capacity, as it
existed on October 1, 1995, of the service connection to the master meter
for the mobile home park.
5. As used in this section, “alternative seller” has the meaning
ascribed to it in NRS 704.994 .
(Added to NRS by 1981, 1236; A 1989, 1869; 1995, 920; 2001, 1770
; 2003, 1732 )
If a local agency for enforcement determines that a mobile
home park is in violation of any applicable health or safety code or
regulation or is in violation of any provision of this chapter or any
regulation adopted pursuant thereto, the local agency for enforcement
shall notify the Administrator of the violation.
(Added to NRS by 2005, 2332 )
A mobile home park may, without limitation,
be condemned if the agency for enforcement determines that there exists
in the park chronic conditions that render mobile homes in the park
substandard pursuant to NRS 461A.120 .
(Added to NRS by 2005, 2332 )
UNLAWFUL ACTS AND PENALTIES
1. It is unlawful for the person ordered to abate a nuisance under
this chapter to fail or refuse to remove or abate the nuisance within 60
days after the date of personal service or acknowledgment of receipt by
mail of the order. After the expiration of the 60 days, the agency may
abate the nuisance.
2. It is unlawful for any person to use, cause to be used or
permit to be used for occupancy:
(a) Any mobile home which does not comply with the safety standards
for the installation, support and tie down of mobile homes required by
NRS 489.251 .
(b) Any mobile home that is not fit for the use for which it was
intended or could cause an unreasonable risk or make it immediately
dangerous to the life, health, property, safety or welfare of the public
or of the occupants.
(c) Any mobile home in an unsanitary condition.
(d) Any mobile home which is structurally unsound or does not
protect its occupants against the elements.
(e) Any mobile home which has been declared by the agency to be
substandard.
(Added to NRS by 1981, 1235)
1. Any person who knowingly or willfully violates any of the
provisions of this chapter or any order issued by the agency for
enforcement is guilty of a misdemeanor.
2. Except as otherwise provided in subsection 4, in addition to
any criminal penalty that might be imposed, any person who knowingly or
willfully violates any provision of this chapter or any regulation issued
pursuant thereto is liable for a civil penalty of not more than $500 for
each violation or for each day of a continuing violation. The agency for
enforcement may bring an action in the appropriate court to collect the
civil penalty.
3. All money collected as civil penalties pursuant to the
provisions of this chapter must be deposited in the State General Fund or
the general fund of the city or county, as the case may be.
4. In addition to any criminal penalty that might be imposed, the
Administrator may, in lieu of bringing an action to collect a civil
penalty pursuant to subsection 2, impose on and collect from any person
who knowingly or willfully violates any provision of this chapter or any
regulation issued pursuant thereto an administrative fine of not more
than $500 for each violation or for each day of a continuing violation.
(Added to NRS by 1981, 1236; A 2005, 2333 )
1. Except as otherwise provided in this section, all money
collected from administrative fines imposed pursuant to this chapter must
be deposited in the State General Fund.
2. The money collected from an administrative fine may be
deposited with the State Treasurer for credit to the Fund for
Manufactured Housing created pursuant to NRS 489.491 if:
(a) The person pays the administrative fine without exercising his
right to a hearing to contest the administrative fine; or
(b) The administrative fine is imposed in a hearing conducted by a
hearing officer or panel appointed by the Administrator.
3. The Administrator may appoint one or more hearing officers or
panels and may delegate to those hearing officers or panels the power of
the Administrator to conduct hearings and other proceedings, determine
violations, impose fines and penalties and take other disciplinary action
authorized by the provisions of this chapter.
4. If money collected from an administrative fine is deposited in
the State General Fund, the Administrator may present a claim to the
State Board of Examiners for recommendation to the Interim Finance
Committee if money is needed to pay attorney’s fees or the costs of an
investigation, or both.
(Added to NRS by 2005, 2332 )
|
