2005 Nevada Revised Statutes - Chapter 461A — Mobile Homes and Parks

CHAPTER 461A - MOBILE HOMES AND PARKS

GENERAL PROVISIONS

NRS 461A.010 Definitions.

NRS 461A.020 Administratordefined.

NRS 461A.030 Agencyfor enforcement and agency defined.

NRS 461A.035 Corporatecooperative park defined.

NRS 461A.040 Divisiondefined.

NRS 461A.050 Mobilehome defined.

NRS 461A.060 Nuisancedefined.

NRS 461A.065 Recreationalvehicle defined.

NRS 461A.070 Applicabilityof chapter.

ADMINISTRATION AND ENFORCEMENT

NRS 461A.080 Administrationof chapter.

NRS 461A.090 Powersof Administrator or person designated by agency for enforcement.

NRS 461A.100 Enforcementof subpoena issued by agency.

NRS 461A.105 Checklistof provisions of chapter: Duties of Division and owners of mobile home parks.

NRS 461A.110 Enforcementof chapter by city or county.

NRS 461A.115 Dutyto inspect and report mobile homes suspected of being substandard or mobilehome parks suspected of being operated in violation of applicable law.

SUBSTANDARD MOBILE HOMES

NRS 461A.120 Conditionswhich render mobile home substandard.

NRS 461A.130 Declarationof substandard mobile home as nuisance; abatement; restrictions on use.

NRS 461A.140 Dutiesof agency upon finding mobile home substandard.

NRS 461A.150 Procedurefor ordering substandard mobile home to be repaired, vacated or demolished;notice to vacate.

NRS 461A.160 Agencymay cause prosecution or institute action if person fails to obey order.

NRS 461A.170 Noticeto vacate; agency may make repairs or demolish; extension for compliance withorder; interference with repair or demolition prohibited; agency may requireservices of architect or engineer.

NRS 461A.180 Noticeto owner or lienholder; hearing; final order.

NRS 461A.190 Objectionto hearing or order to abate nuisance is waived if no action brought within 30days after posting or receipt of order.

NRS 461A.200 Liabilityfor cost of abating nuisance.

NRS 461A.210 Noticeto Division of demolition, dismantling or order for repair, vacation ordemolition.

MOBILE HOME PARKS

NRS 461A.215 Boardof directors or trustees of mobile home park owned or leased by nonprofitorganization; operation of nonprofit organization and mobile home park.

NRS 461A.220 Permitfor construction; fees; deposit of money in Fund for Manufactured Housing;expenses.

NRS 461A.223 Construction,expansion or operation: Certification of safety of water and sewage systemsrequired; annual inspections; fees.

NRS 461A.225 Initialbusiness license: Inspection required.

NRS 461A.227 Businesslicense: Municipality prohibited from issuing without proof of compliance withapplicable law.

NRS 461A.230 Provisionof service for electricity, gas and water.

NRS 461A.233 Localagency required to notify Administrator of violations.

NRS 461A.237 Condemnationif chronic conditions render mobile homes in park substandard.

UNLAWFUL ACTS AND PENALTIES

NRS 461A.240 Unlawfulacts.

NRS 461A.250 Criminal,civil and administrative penalties; disposition of money collected as civilpenalties.

NRS 461A.260 Dispositionof money collected as administrative fines; delegation of power to conductenforcement proceedings and take disciplinary action; claims for attorneysfees and investigative costs.

_________

 

GENERAL PROVISIONS

NRS 461A.010 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS461A.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)

NRS 461A.020 Administratordefined. Administrator means the chief ofthe Manufactured Housing Division.

(Added to NRS by 1981, 1229)

NRS 461A.030 Agencyfor enforcement and agency defined. Agencyfor enforcement or agency means the Division or the city or county which hasresponsibility for the enforcement of the provisions of this chapter and theregulations adopted under it.

(Added to NRS by 1981, 1229)

NRS 461A.035 Corporatecooperative park defined. Corporate cooperativepark has the meaning ascribed to it in NRS118B.0117.

(Added to NRS by 2003, 1732)

NRS 461A.040 Divisiondefined. Division means the ManufacturedHousing Division of the Department of Business and Industry.

(Added to NRS by 1981, 1229; A 1993, 1635)

NRS 461A.050 Mobilehome defined. Mobile home means a vehicularstructure without independent motive power, built on a chassis or frame, whichis:

1. Designed to be used with or without a permanentfoundation;

2. Capable of being drawn by a motor vehicle; and

3. Used for year-round occupancy as a residence, whenconnected to utilities, by one person who maintains a household or by two ormore persons who maintain a common household.

Except asprovided in NRS 461A.070 the term doesnot include recreational vehicle.

(Added to NRS by 1981, 1229)

NRS 461A.060 Nuisancedefined. 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 plumbingfacilities.

3. As determined by the county health officer:

(a) Uncleanliness;

(b) Any situation which renders air, food or drinkunwholesome or detrimental to the health of human beings; or

(c) Any situation which is dangerous to human life oris detrimental to the health of human beings.

(Added to NRS by 1981, 1229)

NRS 461A.065 Recreationalvehicle defined. Recreational vehicleincludes, without limitation, a recreational park trailer as defined in NRS 482.1005.

(Added to NRS by 2001, 1728)

NRS 461A.070 Applicabilityof chapter. The provisions of this chapterapply equally to movable structures without motive power which are equipped foroccupancy for industrial or commercial purposes, recreational vehicles, factorybuilt housing, modular buildings and mobile home accessory buildings andstructures when such structures or vehicles are used as a dwelling for a periodof 30 days or more at one location.

(Added to NRS by 1981, 1236)

ADMINISTRATION AND ENFORCEMENT

NRS 461A.080 Administrationof chapter. Except as otherwise provided in NRS 461A.110, the provisions of thischapter shall be administered by the Division, subject to administrativesupervision by the Director of the Department of Business and Industry.

(Added to NRS by 1981, 1230; A 1993, 1635)

NRS 461A.090 Powersof Administrator or person designated by agency for enforcement.

1. In order to carry out the provisions of thischapter, the Administrator or a person designated by an agency for enforcementmay:

(a) Issue subpoenas for the attendance of witnesses orthe production of books, papers and documents; and

(b) Conduct hearings.

2. The Administrator may make inspections of and approveor disapprove plans and specifications for proposed mobile home parks andalteration of mobile home parks. When it is necessary to make an inspection toenforce any of the provisions of this chapter or when the Administrator or hisauthorized representative has reasonable cause to believe that there exists inany mobile home, mobile home lot or mobile home park any condition or violationwhich makes it unsafe, dangerous or hazardous, the Administrator or hisauthorized representative may enter it at any reasonable time to inspect it orto perform any duty imposed on the Administrator with respect to it. TheAdministrator shall first make a reasonable effort to locate the owner or otherperson 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 andrequest entry. If that person is not located or entry is refused, theAdministrator or his authorized representative has recourse to every remedyprovided by law to secure entry.

3. A magistrate shall issue a warrant to permit aninspection if the Administrator has shown:

(a) Evidence that a violation of a provision of thischapter or a regulation adopted under it has been committed or is beingcommitted; or

(b) That the mobile home or mobile home lot or park hasbeen chosen for an inspection on the basis of a general administrative plan forthe enforcement of the provisions of this chapter and the regulations adoptedunder it.

4. The Administrator shall adopt regulations to carryout the purposes of this chapter and to govern the use and occupancy of mobilehomes and premises. The regulations must establish minimum requirements toprotect the health and safety of the occupants and the public and must providefor the abatement of any substandard, unsafe or unsanitary condition of amobile home or premises or of the electrical, mechanical or plumbing systemstherein.

5. The Administrator shall adopt regulations to governthe construction and alteration of mobile home parks and lots within the parksand the abatement of any substandard, unsafe or unsanitary condition of amobile home park. The regulations must establish standards to protect thehealth, safety and general welfare of the residents of the parks, and mustcontain 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, anyrelated installations;

(e) Gas equipment and related installations;

(f) Prevention of fire and fire protection; and

(g) Other matters which relate to the health and safetyof residents.

6. When construction, rebuilding or other work isbeing performed or is about to be performed in violation of the provisions ofthis chapter or a regulation adopted pursuant to this chapter, theAdministrator may order the work stopped by written notice served on any personperforming the work or causing the work to be done, and the person shallimmediately stop the work until authorized by the Administrator to proceed.

(Added to NRS by 1981, 1230)

NRS 461A.100 Enforcementof subpoena issued by agency.

1. The district court for the county in which anyinvestigation or hearing is being conducted by the agency for enforcementpursuant to the provisions of this chapter may compel the attendance ofwitnesses, the giving of testimony and the production of books and papers asrequired by a subpoena issued by the agency.

2. If any witness refuses to attend or testify orproduce any papers required by a subpoena, the agency may report to thedistrict court for the county in which the investigation or hearing is pendingby petition, setting forth that:

(a) Due notice has been given of the time and place ofattendance of the witness or the production of the books and papers;

(b) The witness has been subpoenaed in the manner prescribedin this chapter; and

(c) The witness has failed or refused to attend orproduce the papers required by subpoena before the agency in the investigationor hearing named in the subpoena, or has refused to answer questions propoundedto him in the course of the investigation or hearing,

and askingfor an order of the court compelling the witness to attend and testify orproduce the books or papers before the agency.

3. Upon such petition, the court shall enter an orderdirecting the witness to appear before the court at a time and place to befixed by the court in its order, the time to be not more than 10 days from thedate of the order, and then and there show cause why he has not attended ortestified or produced the books or papers before the agency. A certified copyof the order must be served upon the witness.

4. If it appears to the court that the subpoena wasregularly issued by the agency, the court shall enter an order that the witnessappear before the agency at the time and place fixed in the order and testifyor produce the required books or papers, and upon failure to obey the order thewitness shall be dealt with as for contempt of court.

(Added to NRS by 1981, 1235)

NRS 461A.105 Checklistof provisions of chapter: Duties of Division and owners of mobile home parks.

1. The Division shall:

(a) Provide to each owner of a mobile home park achecklist of the provisions of this chapter which must include, withoutlimitation:

(1) Contact information regarding the Division;and

(2) A simple description of each provision ofthis chapter; and

(b) Update the checklist each time a provision of thischapter is added, amended or repealed.

2. Each owner of a mobile home park shall provide acopy of the checklist to each manager and assistant manager of the mobile homepark.

3. In preparing the checklist pursuant to thissection, the Division may consult with any public or private entities,including, without limitation, the representatives of owners and tenants ofmobile home parks.

4. As used in this section, manager has the meaningascribed to it in NRS 118B.0145.

(Added to NRS by 2005, 2331)

NRS 461A.110 Enforcementof chapter by city or county.

1. Each city and county may enforce this chapter andregulations adopted pursuant to this chapter. If any city or county fails toenforce this chapter, the Division shall enforce it in the territory of thatcity or county.

2. The governing body of any city or county may adoptan ordinance which is as stringent as or more stringent than the provisions ofthis chapter.

(Added to NRS by 1981, 1236)

NRS 461A.115 Dutyto inspect and report mobile homes suspected of being substandard or mobilehome parks suspected of being operated in violation of applicable law. If an agency for enforcement has cause to believe that amobile home is substandard or that the owner of a mobile home lot or mobilehome park is in violation of any applicable health or safety code orregulation, or is in violation of any provision of this chapter or anyregulation adopted pursuant thereto, the agency shall:

1. Inspect the mobile home, mobile home lot or mobilehome park not later than 3 business days after the agency learns of the allegedsubstandard condition or violation; and

2. Make a report of the inspection to theAdministrator not later than 2 business days after completing the inspection.

(Added to NRS by 2005, 2331)

SUBSTANDARD MOBILE HOMES

NRS 461A.120 Conditionswhich render mobile home substandard. Anymobile home where there exists any of the following listed conditions whichendangers the life, health, property, safety or welfare of the public or theoccupants 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)

NRS 461A.130 Declarationof substandard mobile home as nuisance; abatement; restrictions on use. Any mobile home which is determined to be substandard bythe 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 forrent, lease or sale until the nuisance is abated.

(Added to NRS by 1981, 1231; A 1993, 2053)

NRS 461A.140 Dutiesof agency upon finding mobile home substandard.

1. When the agency has inspected or caused to beinspected any mobile home and has determined that the mobile home issubstandard, proceedings to cause the mobile home to be repaired, vacated ordemolished must be commenced.

2. The agency shall issue an order directed to theowner and lienholder of the mobile home and the owner of the land on which themobile home is located. If the agency is a city or county, it shall mail a copyof the order to the Division. The order must contain:

(a) The street address and legal description sufficientfor identification of the mobile home and premises upon which the mobile homeis located, and the serial number of the mobile home.

(b) A statement that the agency has found the mobilehome to be substandard with a brief and concise description of the conditionsfound to render the mobile home substandard under the provisions of thischapter.

(c) A statement as follows of the action required to betaken as determined by the agency:

(1) If the agency has determined that the mobilehome must be repaired, the order must state that all required permits must besecured and the work physically commenced within 60 days from the date of theorder and completed within such time as the agency shall determine isreasonable under all of the circumstances.

(2) If the agency has determined that the mobilehome must be vacated, the order must state that the mobile home must be vacatedwithin a certain time after the date of the order as determined by the agencyto be reasonable.

(3) If the agency has determined that the mobilehome must be demolished, the order must state that the mobile home must bevacated within such time as the agency determines is reasonable, not to exceed60 days after the date of the order, that all required permits must be securedwithin 60 days after the date of the order, and that the demolition must becompleted within such time as the agency determines is reasonable.

(d) Statements advising that if any required repair ordemolition work, where the mobile home was not required to be vacated, is notcommenced within the time specified, the agency will order the mobile homevacated 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 asprovided by this chapter.

(e) Statements advising that any person having anytitle or legal interest in the mobile home may appeal from the order or anyaction of the agency and that the appeal must be made in writing and filed withthe agency within 10 days after the date of the service of the order and thatfailure to appeal constitutes a waiver of all rights to an administrativehearing and determination of the matter.

(Added to NRS by 1981, 1231; A 1993, 2053)

NRS 461A.150 Procedurefor ordering substandard mobile home to be repaired, vacated or demolished;notice to vacate.

1. The following procedure must be followed by theagency in ordering that a substandard mobile home be repaired, vacated ordemolished:

(a) If any mobile home is declared substandard underthis chapter it must either be repaired or it may be demolished at the optionof the owner and lienholder.

(b) If the mobile home is in such condition as to makeit immediately dangerous to the life, property or safety of the public or ofthe occupants, it must be ordered to be vacated.

2. Every notice to vacate must, in addition to beingserved, be posted in a conspicuous place on the mobile home, and must be insubstantially the following form:

 

DO NOT ENTER

UNSAFE TO OCCUPY

 

Itis a misdemeanor to occupy this structure or to remove or deface this notice.

 

The notice must also briefly and concisely specify theconditions which necessitate the posting.

3. A person shall not remain in or enter any mobilehome to which a notice pursuant to subsection 2 has been posted, except thatentry may be made to repair, demolish or remove the mobile home under a permitfrom the agency. A person shall not remove or deface any such notice after itis posted until the required repairs, demolition or removal has been completedand a certificate of occupancy has been issued.

(Added to NRS by 1981, 1232; A 1985, 337)

NRS 461A.160 Agencymay cause prosecution or institute action if person fails to obey order. If, after any order of the agency has become final, theperson to whom the order is directed fails to obey the order, the agency maycause the person to be prosecuted or institute any appropriate action to abatethe substandard mobile home.

(Added to NRS by 1981, 1233)

NRS 461A.170 Noticeto vacate; agency may make repairs or demolish; extension for compliance withorder; interference with repair or demolition prohibited; agency may requireservices of architect or engineer.

1. If the required repair or demolition is notcommenced within 30 days after a final order issued under this chapter becomeseffective:

(a) The agency shall cause the mobile home described inthe order to be vacated by posting in a conspicuous place on the mobile home anotice reading:

 

SUBSTANDARD STRUCTURE

DO NOT OCCUPY

 

Itis a misdemeanor to occupy this structure or to remove or deface this notice.

 

(b) A person shall not occupy any mobile home to whicha notice pursuant to paragraph (a) has been posted. A person shall not removeor deface any notice so posted until the repairs, demolition or removal orderedby the agency have been completed and a certificate of occupancy has been issued.

(c) The agency may, in addition to any other remedyprovided in this section:

(1) Cause the mobile home to be repaired to theextent necessary to correct the conditions which render the mobile homesubstandard as set forth in the order; or

(2) If the order required demolition, cause themobile home to be sold and demolished or, to be demolished and the materials,rubble and debris removed and the lot cleaned.

Any suchrepair or demolition work must be accomplished and the cost paid and recoveredin the manner provided in this chapter. Any surplus realized from the sale ofthe mobile home or from its demolition, above the cost of demolition and ofcleaning the lot, must be paid to the person lawfully entitled to the money.

2. Upon receipt of any application from the personrequired to conform to the order and an agreement by the person that he willcomply with the order if allowed additional time, the agency may grant anextension, not to exceed an additional 120 days, within which to complete therepairs or demolition, if the agency determines that an extension will notcreate or perpetuate a situation imminently dangerous to life or property. Theagencys authority to extend time is limited to the physical repair or demolitionof the mobile home and must not extend the time to appeal the order.

3. A person shall not obstruct, impede or interferewith any officer, employee, contractor or authorized representative of theagency or with any person who owns or holds any interest in a mobile home whichhas been ordered repaired, vacated or demolished under the provisions of thischapter, or with any person to whom the mobile home has been lawfully soldpursuant to the provisions of this chapter, whenever the authorized person isengaged in the work of repairing, vacating and repairing, or demolishing themobile home pursuant to the provisions of this chapter, or in performing anynecessary act preliminary to or incidental to such work or authorized ordirected pursuant to this chapter.

4. The agency may require the plans for repair to beprepared by an architect or engineer at the expense of the owner.

(Added to NRS by 1981, 1233; A 1985, 337)

NRS 461A.180 Noticeto owner or lienholder; hearing; final order.

1. Any person against whom an action is taken pursuantto this chapter is entitled to notice in the form of an order and a hearingbefore the agency for enforcement in accordance with regulations of the agency.

2. Upon request for such a hearing, the owner orlienholder of the mobile home or the owner of the land on which the mobile homeis located must be granted a hearing on the matter before an authorizedrepresentative of the agency or any other board, commission or officialauthorized to conduct such hearings. This request must be made to the agencywithin 10 days after personal service or acknowledgment of receipt by mail ofthe order. If the owner of the land on which the mobile home is located submitsa sworn written statement denying responsibility for the presence of the mobilehome on his land within the prescribed period of time, this statement shall bedeemed a request for a hearing which does not require the presence of the ownerwho submitted the request. If such a request is not received within 10 daysfrom the date of personal service or acknowledgment of receipt by mail of theorder, the agency may abate the substandard mobile home.

3. Upon receipt of a request for a hearing or a swornwritten 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, theagency shall set a time and place for a hearing and shall give the petitionerwritten notice of it. Receipt of the request for a hearing or a statement bythe owner of the land on which the mobile home is located, operates to delayany action by the agency until after the hearing.

4. Upon receipt of a request for a hearing the agencyshall give a second notice directing the owner and lienholder of the mobilehome and the owner of the land on which the mobile home is located to appear ata stated time and place to show cause why the substandard mobile home shouldnot be abated.

5. At the time and place fixed in the notice givenpursuant to subsection 4 the authorized representative of the agency or otherboard, commission or official authorized to conduct the hearing shall proceedto hear the testimony of the officers or employees of the agency and the ownerof the mobile home or his representatives respecting the condition of themobile home, the estimated cost of its repair or removal and any otherpertinent matters. Upon the conclusion of the hearing, the person conductingthe hearing shall render a decision in the matter which must be reported to theagency. If the mobile home is found to be a nuisance, the owner, lienholder orowner of the land must be ordered to abate the nuisance within 30 days afterthe date of personal service or acknowledgment of receipt by mail of the order.

6. The agency shall post a copy of the order to abatethe substandard mobile home in a conspicuous place on the mobile home. A copyof the order must also be mailed or delivered by personal service to the ownerof the property on which the mobile home is located, and to the last owner andlienholder of record of the mobile home.

(Added to NRS by 1981, 1234)

NRS 461A.190 Objectionto hearing or order to abate nuisance is waived if no action brought within 30days after posting or receipt of order. Anyowner or other interested person who has an objection to the hearing or theagency ordering the abatement of a nuisance must bring an action in a court ofcompetent jurisdiction within 30 days after the date of the posting of theorder on the mobile home or receipt of the order pursuant to NRS 461A.180 or the objection shall bedeemed waived.

(Added to NRS by 1981, 1235)

NRS 461A.200 Liabilityfor cost of abating nuisance. The owner or thelienholder 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 notavailable to determine ownership or the agency is unable to locate the owner orthe lienholder of the mobile home, the owner of the land on which the mobilehome is located is liable for the costs.

(Added to NRS by 1981, 1235)

NRS 461A.210 Noticeto Division of demolition, dismantling or order for repair, vacation ordemolition. A notice identifying each mobilehome which has been demolished, dismantled or the subject of an order issuedpursuant to NRS 461A.140, must be sentto the Division within 15 days after the demolition, dismantling or completionof all proceedings, including appeals, conducted in connection with the order.The notice must contain all available evidence of ownership or the certificateof title.

(Added to NRS by 1981, 1235; A 1993, 2054)

MOBILE HOME PARKS

NRS 461A.215 Boardof directors or trustees of mobile home park owned or leased by nonprofitorganization; operation of nonprofit organization and mobile home park.

1. Notwithstanding any provision of law to thecontrary, if a nonprofit organization owns or leases a mobile home park:

(a) The board of directors or trustees which controlsthe mobile home park must be selected as set forth in this section; and

(b) The provisions of this section govern the operationof the nonprofit organization and the mobile home park.

2. If a nonprofit organization owns or leases only onemobile home park, the board of directors or trustees which controls the mobilehome park must be composed of:

(a) Three directors or trustees who are residents ofthe mobile home park and are elected by a majority of the residents who live inthe mobile home park, with each unit in the mobile home park authorized to castone vote;

(b) Except as otherwise provided in subsection 4, threedirectors or trustees appointed by the governing body of the local governmentwith jurisdiction over the location of the mobile home park; and

(c) Three directors or trustees elected by a majorityof the other directors or trustees selected pursuant to this subsection.

3. If a nonprofit organization owns or leases morethan one mobile home park, the board of directors or trustees which controlsthe mobile home parks must be composed of:

(a) For each mobile home park, one director or trusteewho is a resident of that mobile home park and is elected by a majority of theresidents who live in that mobile home park, with each unit in the mobile homepark authorized to cast one vote;

(b) Except as otherwise provided in subsection 4, onedirector or trustee appointed for each mobile home park by the governing bodyof the local government with jurisdiction over the location of that mobile homepark; and

(c) For each mobile home park, one director or trusteeelected by a majority of the other directors or trustees selected pursuant tothis subsection.

4. The governing body of a local government withjurisdiction over the location of a mobile home park owned or leased by anonprofit organization shall not appoint a director or trustee pursuant toparagraph (b) of subsection 2 or paragraph (b) of subsection 3 unless the landupon which the mobile home park is located or the improvements to that land areowned by any governmental entity, patented to any governmental entity or leasedto the nonprofit organization by any governmental entity.

5. The term of office of a director or trusteeselected pursuant to this section:

(a) Is 2 years, except that upon the expiration of histerm 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 theboard of directors or trustees selected pursuant to this section must be filledin 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 provisionsof this section; and

(c) Institute proceedings on behalf of this State, anagency or political subdivision of this State, or as parens patriae of a personresiding in a mobile home park:

(1) For injunctive relief to prevent andrestrain a violation of any provision of this section; and

(2) To collect any costs or fees awardedpursuant to the provisions of this section.

8. The provisions of this section may be enforced withregard to a nonprofit organization or a mobile home park by:

(a) The nonprofit organization;

(b) The board of directors or trustees required to beselected pursuant to this section, or any member thereof;

(c) A person who claims membership on the board ofdirectors 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 thelocation of the mobile home park; or

(f) Any combination of the persons described inparagraphs (a) to (e), inclusive.

9. In any action to enforce the provisions of thissection, including, without limitation, an action to prevent or restrain aviolation of the provisions of this section, if a person is found to haveknowingly acted as a director or trustee on a board of directors or trusteesrequired to be selected pursuant to this section while he was not authorized toact as such a director or trustee pursuant to this section:

(a) The court shall award the prevailing party costsand attorneys fees;

(b) If the nonprofit organization which owns or leasesa mobile home park participates in the action, the court shall award thenonprofit organization costs and attorneys fees; and

(c) Costs and attorneys fees awarded pursuant to thissection must be recovered from the person. If in the same action to enforce theprovisions of this section, more than one person is found to have knowinglyacted as a director or trustee on a board of directors or trustees required tobe selected pursuant to this section while he was not authorized to act as sucha director or trustee pursuant to this section, each such person is jointly andseverally liable for the costs and attorneys fees awarded pursuant to thissection.

10. The provisions of this section do not apply to acorporate cooperative park.

11. As used in this section:

(a) Board of directors or trustees which controls themobile home park means:

(1) If the nonprofit organization which owns orleases a mobile home park does not own or operate any substantial asset that isunrelated to the mobile home park, the board of directors or trustees of thenonprofit organization; or

(2) If the nonprofit organization which owns orleases a mobile home park owns or operates a substantial asset that isunrelated to the mobile home park, a board of directors or trustees which:

(I) Has full and independent control overthe affairs of the nonprofit organization that are related to the mobile homepark, including, without limitation, full and independent control over allpolicies, operation, property, assets, accounts and records of the nonprofitorganization which are related to or derived from the park;

(II) Notwithstanding any provision of lawto the contrary, exercises the powers described in sub-subparagaph (I) withoutbeing subject to any control by the board of directors or trustees of thenonprofit organization or any other person, group or entity within or relatedto the nonprofit organization; and

(III) If the nonprofit organization ownsor leases more than one mobile home park, controls all of the mobile home parksowned or leased by the nonprofit organization.

(b) Corporation for public benefit has the meaningascribed to it in NRS 82.021.

(c) Governmental entity includes, without limitation,the Federal Government, this State, an agency or political subdivision of thisState, a municipal corporation and a housing authority.

(d) Nonprofit organization includes, withoutlimitation, a corporation for public benefit.

(e) Owns or leases a mobile home park means being theowner or lessee of:

(1) The land upon which the mobile home park islocated; or

(2) The improvements to the land upon which themobile home park is located.

(Added to NRS by 2003, 1732; A 2005, 1604)

NRS 461A.220 Permitfor construction; fees; deposit of money in Fund for Manufactured Housing;expenses.

1. A person shall not:

(a) Construct a mobile home park; or

(b) Construct or alter lots, roads or other facilitiesin a mobile home park,

unless hehas obtained a construction permit from the agency for enforcement.

2. Each agency for enforcement may charge and collectreasonable 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 Divisionpursuant to this chapter must be deposited in the State Treasury for credit tothe Fund for Manufactured Housing created pursuant to NRS 489.491. Expenses of enforcement ofthis chapter must be paid from the Fund.

(Added to NRS by 1981, 1236; A 1985, 295; 1995, 957; 2005, 2332)

NRS 461A.223 Construction,expansion or operation: Certification of safety of water and sewage systemsrequired; annual inspections; fees.

1. A person shall not construct or expand a mobilehome park unless he has obtained from the appropriate city, county or districtboard of health a permit certifying that the infrastructure of the park for theprovision of water, septic and sanitation services does not endanger the safetyor health of the tenants or the general public.

2. The city, county or district board of health shallannually inspect a park to ensure that the infrastructure of the park for theprovision of water, septic and sanitation services does not endanger the safetyor health of the tenants or the general public. Upon satisfactory completion ofthe inspection, the city, county or district board of health shall issue apermit to the owner of the park.

3. A person shall not operate a park without firstobtaining 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 tocover the costs of conducting inspections and issuing permits pursuant to thissection.

(Added to NRS by 2005, 2331)

NRS 461A.225 Initialbusiness license: Inspection required.

1. If a person applies for the initial businesslicense for a mobile home park or acquires ownership of a mobile home park, theperson shall, within 3 business days, notify the local fire department withinwhose jurisdiction the mobile home park is located.

2. Upon receiving notice pursuant to subsection 1, thelocal fire department shall inspect the mobile home park for fire hazards andcompliance with applicable fire codes and regulations and shall notify theAdministrator of any violations.

(Added to NRS by 2005, 2331)

NRS 461A.227 Businesslicense: Municipality prohibited from issuing without proof of compliance withapplicable law. A city or county shall not issuea business license for a mobile home park unless the person applying for thebusiness license provides written proof from the agency for enforcement thatthe mobile home park is in compliance with all applicable fire, health andsafety codes and regulations and the provisions of this chapter and anyregulations adopted pursuant thereto.

(Added to NRS by 2005, 2331)

NRS 461A.230 Provisionof service for electricity, gas and water.

1. Each mobile home park constructed after July 1,1981, but before October 1, 1989, must provide direct electrical and gasservice from a utility or an alternative seller to each lot if those servicesare available.

2. Each mobile home park constructed after October 1,1989, must provide direct:

(a) Electrical and gas service from a public utility oran alternative seller, or a city, county or other governmental entity whichprovides electrical or gas service, to each lot if those services areavailable.

(b) Water service from a public utility or a city,county or other governmental entity which provides water service, theprovisions of NRS 704.230notwithstanding, to the park if that service is available.

3. Except as otherwise provided in subsection 4, in acounty whose population is 400,000 or more, each mobile home park constructedafter October 1, 1995, must provide direct water service, as provided inparagraph (b) of subsection 2, that is connected to individual meters for each lot.The individual meters must be installed in compliance with any uniform designand construction standards adopted by the public utility or city, county orother governmental entity which provides water service in the county.

4. Theprovisions of subsection 3:

(a) Do notapply to a mobile home park constructed after October 1, 1995, if the mobilehome park is operated by:

(1) Apublic housing authority; or

(2) Anonprofit corporation. As used in this subparagraph, nonprofit corporationdoes not include a corporate cooperative park.

(b) Do notprohibit a mobile home park constructed on or before October 1, 1995, fromexpanding the number of lots in the mobile home park if the expansion can beaccommodated under the capacity, as it existed on October 1, 1995, of theservice connection to the master meter for the mobile home park.

5. As used in this section, alternative seller hasthe meaning ascribed to it in NRS 704.994.

(Added to NRS by 1981, 1236; A 1989, 1869; 1995, 920;2001, 1770; 2003, 1732)

NRS 461A.233 Localagency required to notify Administrator of violations.If a local agency for enforcement determines that a mobile home park isin violation of any applicable health or safety code or regulation or is inviolation of any provision of this chapter or any regulation adopted pursuantthereto, the local agency for enforcement shall notify the Administrator of theviolation.

(Added to NRS by 2005, 2332)

NRS 461A.237 Condemnationif chronic conditions render mobile homes in park substandard. A mobile home park may, without limitation, be condemnedif the agency for enforcement determines that there exists in the park chronicconditions that render mobile homes in the park substandard pursuant to NRS 461A.120.

(Added to NRS by 2005, 2332)

UNLAWFUL ACTS AND PENALTIES

NRS 461A.240 Unlawfulacts.

1. It is unlawful for the person ordered to abate anuisance under this chapter to fail or refuse to remove or abate the nuisancewithin 60 days after the date of personal service or acknowledgment of receiptby mail of the order. After the expiration of the 60 days, the agency may abatethe nuisance.

2. It is unlawful for any person to use, cause to beused or permit to be used for occupancy:

(a) Any mobile home which does not comply with thesafety standards for the installation, support and tie down of mobile homesrequired by NRS 489.251.

(b) Any mobile home that is not fit for the use forwhich it was intended or could cause an unreasonable risk or make itimmediately dangerous to the life, health, property, safety or welfare of thepublic or of the occupants.

(c) Any mobile home in an unsanitary condition.

(d) Any mobile home which is structurally unsound ordoes not protect its occupants against the elements.

(e) Any mobile home which has been declared by theagency to be substandard.

(Added to NRS by 1981, 1235)

NRS 461A.250 Criminal,civil and administrative penalties; disposition of money collected as civilpenalties.

1. Any person who knowingly or willfully violates anyof the provisions of this chapter or any order issued by the agency forenforcement is guilty of a misdemeanor.

2. Except as otherwise provided in subsection 4, inaddition to any criminal penalty that might be imposed, any person who knowinglyor willfully violates any provision of this chapter or any regulation issuedpursuant thereto is liable for a civil penalty of not more than $500 for eachviolation or for each day of a continuing violation. The agency for enforcementmay bring an action in the appropriate court to collect the civil penalty.

3. All money collected as civil penalties pursuant tothe provisions of this chapter must be deposited in the State General Fund orthe general fund of the city or county, as the case may be.

4. In addition to any criminal penalty that might beimposed, the Administrator may, in lieu of bringing an action to collect acivil penalty pursuant to subsection 2, impose on and collect from any personwho knowingly or willfully violates any provision of this chapter or anyregulation issued pursuant thereto an administrative fine of not more than $500for each violation or for each day of a continuing violation.

(Added to NRS by 1981, 1236; A 2005, 2333)

NRS 461A.260 Dispositionof money collected as administrative fines; delegation of power to conductenforcement proceedings and take disciplinary action; claims for attorneysfees and investigative costs.

1. Except as otherwise provided in this section, allmoney collected from administrative fines imposed pursuant to this chapter mustbe deposited in the State General Fund.

2. The money collected from an administrative fine maybe deposited with the State Treasurer for credit to the Fund for ManufacturedHousing created pursuant to NRS 489.491if:

(a) The person pays the administrative fine withoutexercising his right to a hearing to contest the administrative fine; or

(b) The administrative fine is imposed in a hearingconducted by a hearing officer or panel appointed by the Administrator.

3. The Administrator may appoint one or more hearingofficers or panels and may delegate to those hearing officers or panels thepower of the Administrator to conduct hearings and other proceedings, determineviolations, impose fines and penalties and take other disciplinary actionauthorized by the provisions of this chapter.

4. If money collected from an administrative fine isdeposited in the State General Fund, the Administrator may present a claim tothe State Board of Examiners for recommendation to the Interim FinanceCommittee if money is needed to pay attorneys fees or the costs of aninvestigation, or both.

(Added to NRS by 2005, 2332)

 

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