[Rev. 11/21/2013 11:54:22 AM--2013]

CHAPTER 461A - MOBILE HOMES AND PARKS

GENERAL PROVISIONS

NRS 461A.010        Definitions.

NRS 461A.020        “Administrator” defined.

NRS 461A.030        “Agency for enforcement” and “agency” defined.

NRS 461A.035        “Corporate cooperative park” defined.

NRS 461A.040        “Division” defined.

NRS 461A.050        “Mobile home” defined.

NRS 461A.060        “Nuisance” defined.

NRS 461A.065        “Recreational vehicle” defined.

NRS 461A.070        Applicability of chapter.

ADMINISTRATION AND ENFORCEMENT

NRS 461A.080        Administration of chapter.

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

NRS 461A.100        Enforcement of subpoena issued by agency.

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

NRS 461A.110        Enforcement of chapter by city or county.

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

SUBSTANDARD MOBILE HOMES

NRS 461A.120        Conditions which render mobile home substandard.

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

NRS 461A.140        Duties of agency upon finding mobile home substandard.

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

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

NRS 461A.170        Notice to vacate; agency may make repairs or demolish; extension for compliance with order; interference with repair or demolition prohibited; agency may require services of architect or engineer.

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

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

NRS 461A.200        Liability for cost of abating nuisance.

NRS 461A.210        Notice to Division of demolition, dismantling or order for repair, vacation or demolition.

MOBILE HOME PARKS

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

NRS 461A.220        Permit for 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 systems required; annual inspections; fees.

NRS 461A.225        Initial business license: Inspection required.

NRS 461A.227        Business license: Municipality prohibited from issuing without proof of compliance with applicable law.

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

NRS 461A.233        Local agency required to notify Administrator of violations.

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

UNLAWFUL ACTS AND PENALTIES

NRS 461A.240        Unlawful acts.

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

NRS 461A.260        Disposition of money collected as administrative fines; delegation of power to conduct enforcement proceedings and take disciplinary action; claims for attorney’s fees and investigative costs.

_________

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GENERAL PROVISIONS

      NRS 461A.010  Definitions.  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)

      NRS 461A.020  “Administrator” defined.  “Administrator” means the chief of the Manufactured Housing Division.

      (Added to NRS by 1981, 1229)

      NRS 461A.030  “Agency for enforcement” and “agency” defined.  “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)

      NRS 461A.035  “Corporate cooperative park” defined.  “Corporate cooperative park” has the meaning ascribed to it in NRS 118B.0117.

      (Added to NRS by 2003, 1732)

      NRS 461A.040  “Division” defined.  “Division” means the Manufactured Housing Division of the Department of Business and Industry.

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

      NRS 461A.050  “Mobile home” defined.  “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)

      NRS 461A.060  “Nuisance” defined.  “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)

      NRS 461A.065  “Recreational vehicle” defined.  “Recreational vehicle” includes, without limitation, a recreational park trailer as defined in NRS 482.1005.

      (Added to NRS by 2001, 1728)

      NRS 461A.070  Applicability of chapter.  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

      NRS 461A.080  Administration of chapter.  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)

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

      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 the Administrator’s 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 the Administrator’s 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 the person proper credentials and request entry. If that person is not located or entry is refused, the Administrator or the Administrator’s 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)

      NRS 461A.100  Enforcement of subpoena issued by agency.

      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 the witness 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 the witness 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)

      NRS 461A.105  Checklist of 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 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)

      NRS 461A.110  Enforcement of chapter by city or county.

      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)

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

      NRS 461A.120  Conditions which render mobile home substandard.  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)

      NRS 461A.130  Declaration of substandard mobile home as nuisance; abatement; restrictions on use.  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)

      NRS 461A.140  Duties of agency upon finding mobile home substandard.

      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)

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

      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)

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

      NRS 461A.170  Notice to vacate; agency may make repairs or demolish; extension for compliance with order; interference with repair or demolition prohibited; agency may require services of architect or engineer.

      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 or she 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)

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

      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 or her 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 or her 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 or her 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)

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

      NRS 461A.200  Liability for cost of abating nuisance.  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)

      NRS 461A.210  Notice to Division of demolition, dismantling or order for repair, vacation or demolition.  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

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

      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 4 years, except that upon the expiration of his or her term of office he or she shall continue to serve until his or her successor is selected; and

      (b) Commences on July 1.

      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 the person 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 the person 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-subparagraph (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; 2009, 2691)

      NRS 461A.220  Permit for 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 facilities in a mobile home park,

Ê unless the person 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)

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

      1.  A person shall not construct or expand a mobile home park unless the person 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)

      NRS 461A.225  Initial business license: Inspection required.

      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)

      NRS 461A.227  Business license: Municipality prohibited from issuing without proof of compliance with applicable law.  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)

      NRS 461A.230  Provision of 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 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 700,000 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; 2011, 1280)

      NRS 461A.233  Local agency required to notify Administrator of violations.  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)

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

      NRS 461A.240  Unlawful acts.

      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)

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

      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)

      NRS 461A.260  Disposition of money collected as administrative fines; delegation of power to conduct enforcement proceedings and take disciplinary action; claims for attorney’s fees and investigative costs.

      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 or her 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)