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Manufactured Housing Permit Ordinance

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BEFORE THE RANKIN COUNTY, MISSISSIPPI, BOARD OF SUPERVISORS

AN ORDINANCE PROHIBITING THE LOCATING, RELOCATING OR ESTABLISHMENT OF OCCUPANCY IN ANY  MANUFACTURED/MOBILE/MODULAR HOUSING UNIT ANYWHERE IN RANKIN COUNTY, MISSISSIPPI, WITHOUT ISSUANCE OF A PERMIT BY RANKIN COUNTY AND ESTABLISHING PENALITIES FOR VIOLATION

WHEREAS the Rankin County Board of Supervisors desires to address safe, clean and livable housing located m Rankin County, Mississippi, and realizing that manufactured/mobile /modular housing is an integral part of the housing supply in Rankin County, Mississippi; and

WHEREAS frequently residents of Rankin County, and more particularly sellers, retailers, lessors, transporters, installers and developers of manufactured/mobile/modular housing, locate or relocate manufactured/mobile/modular housing on property of Rankin County, Mississippi, without a permit having been issued by the County; and

WHEREAS, the locating or relocating of manufactured/mobile/modular housing on property of Rankin County often results in undue hardships on unsuspecting residents of Rankin County who may face the prospect of displacement, zoning violation penalties and delays in occupancy of the unit until a zoning hearing may be scheduled; and

WHEREAS, sellers, retailers, lessors, transporters, installers, and developers of manufactured/mobile/modular housing are fully aware of the permit requirements of Rankin County and are in a position to know or determine whether a permit has been issued for the locating, relocating or occupancy of a manufactured/mobile/modular housing unit prior to causing a unit to be located, relocated or occupied on property of Rankin County; and

WHEREAS it is important for the health, safety and welfare of the residents of Rankin County, Mississippi, that residents of Rankin County obtain, and sellers, retailers, lessors, installers, transporters and developers of manufactured/mobile/modular housing confirm, that a permit from Rankin County authorizing the locating, relocating or occupancy of a manufactured/mobile/modular housing unit on property in Rankin County, Mississippi, and that violators face penalties for violations of this Ordinance;

THEREFORE, BE IT RESOLVED AND ORDAINED by the Board of Supervisors of Rankin County, Mississippi as follows:

  1. No Person, Firm or Corporation may locate, relocate or occupy a manufactured/mobile/modular housing unit on any property in Rankin County, Mississippi without a written permit authorizing the locating, relocating or occupancy of said manufactured/mobile/modular housing unit;
  2. Any manufactured/mobile/modular housing unit located in Rankin County that is located, relocated or occupied without a written permit authorizing the locating, relocating or occupancy of the manufactured/mobile /modular housing unit shall immediately be vacated (if occupied) and shall immediately be removed from Rankin County, Mississippi, until such time as a written permit has been issued by Rankin County;
  3. Any seller, retailer, lessor, installer, transporter, and/or developer of a manufactured/mobile/modular housing unit who locates or relocates a manufactured/mobile/modular housing unit onto property in Rankin County without a permit having been issued for the locating, relocating or occupancy thereof, shall, in addition to other penalties listed herein, be required to immediately remove said manufactured/mobile/modular housing unit from Rankin County at its sole and exclusive expense until such time as a valid written permit has been issued by Rankin County and then said seller, retailer, lessor, installer, transporter, and/or developer shall return the unit at its sole and exclusive expense upon request of the purchaser/resident after a permit has been issued by Rankin County;

IT IS FURTHER RESOLVED AND ORDAINED by the Board of Supervisors of Rankin County, Mississippi that the following penalties shall apply for violations of this Ordinance:

  1. This Ordinance shall be enforced by the Rankin County Office of Community Development;
  2. Violations of this Ordinance shall be the subject of an affidavit sworn before an officer of the court and directed to the Rankin County Justice Court for prosecution;
  3. Any person, corporation or business entity, and/or Retailer violating the provisions of this Ordinance shall, upon conviction, be guilty of a misdemeanor and shall be fined in an amount of not less than $100.00 nor more than $1,000.00, with each day that a violation continues constituting a separate offense. In addition to the monetary fine levied herein, a person found guilty of a violation of the provisions of this Ordinance may also be imprisoned for a period of not less than zero (0) days nor more than one hundred eighty (180) days.
  4. A seller, retailer, lessor, installer, transporter, and/or developer of manufactured/mobile/modular housing units who is convicted of a third violation of the provisions of this Ordinance within a period of twelve (12) months from the date of the first conviction shall, upon conviction for a third offense and in addition to other penalties set forth herein, be fined the sum of not less than $250.00 nor more than $500.00 and shall be prohibited from locating or relocating any manufactured/mobile/modular housing unit on any property of Rankin County for a period of thirty (30) days from the date of conviction for a third violation hereof.
  5. A seller, retailer, lessor, installer, transporter, and/or developer of manufactured/mobile/modular housing units who is convicted of a fourth or more violation of the provisions of this Ordinance within a period of eighteen (18) months from the date of a first conviction shall, upon conviction of the fourth or more violation and in addition to any other penalties set forth herein, be fined the sum of not less than $500.00 nor more than $1,000.00 and shall be prohibited from locating or relocating any manufactured/mobile /modular housing unit on any property of Rankin County for a period of ninety (90) days from the date of the fourth or more conviction.
  6. For the purpose of this Ordinance, the term "Seller" as used herein shall include (in addition to retailers, lessors, transporters, installers, and/or developers) lending institutions and/or their agents or assigns that offer repossessed or otherwise recovered manufactured housing for sale to the public.
  7. Rankin County will investigate the identity of the seller, retailer, lessor, transporter, installer and/or developer at the time a violation of this Ordinance is suspected so that business entities that operate using a common business name but have no common ownership are not charged with a violation hereof by mistake.

SO ADOPTED as an official ordinance of the Rankin County Board of Supervisors, this ______ day of ___________________, 20____.

RANKIN COUNTY BOARD OF SUPERVISORS

BY:     ____________________________________
PRESIDENT OF THE BOARD

 

ATTEST:

 

_______________________________
CLERK

 

CLERK'S CERTIFICATE

The  above  and  foregoing  Ordinance  was  adopted  upon  the  Motion  of  Supervisor _________________________________, said Motion was seconded by Supervisor _________________________________, with the following Supervisors voting in favor of the Motion:
________________________________________.
The following Supervisors voted in opposition to the Motion:
______________________________________.
WITNESS my signature this the ______ day of ____________________, 20_____.

 

                                                                        __________________________
CLERK