[HISTORY: Adopted by the Board of County Commissioners of Otero County 4-19-2011 by Ord. No. 11-03. Amendments noted where applicable.]
STATE LAW REFERENCES
Traffic laws: powers of local authorities — See NMSA 1978, § 66-7-9.
This chapter may be referred to as "The Otero County Mobile Home Ordinance."
This chapter shall apply to all streets and highways under the jurisdiction of the County of Otero, State of New Mexico, and within the reasonable exercise of the police power of said County (NMSA 1978, § 66-7-9, as amended).
As used in this chapter, the following terms shall have the meanings indicated:
- MOBILE HOME
- A manufactured home which is a movable or portable housing structure over 32 feet in length or over eight feet in width, constructed to be towed on its own chassis and designed to be installed with or without a permanent foundation for human occupancy as a residence and which may include one or more components that can be retracted for towing purposes and subsequently expanded for additional capacity or may be two or more units separately towable but designed to be joined into one internal unit, as well as a single unit. "Manufactured or mobile home" does not include recreational vehicles or modular or premanufactured homes, built to Uniform Building Home standards, designed to be permanently affixed to real property.
Except as provided in § 160-6 of this chapter, no movement of a manufactured home which originates in this County shall be permitted until the owner of such manufactured home or his authorized agent obtains and presents to the Motor Transportation Division a tax release issued by the Otero County Treasurer showing that either:
All property taxes due or to become due on the manufactured home for the current tax year or any past tax years have been paid, except for manufactured homes located on an Indian reservation; or
No liability for property taxes on the manufactured home exists for the current tax year or any past tax years, except for manufactured homes located on an Indian reservation.
A certificate from the County Treasurer shall be of a size and color to be prescribed by said Treasurer and shall contain an expiration date which shall be no later than 30 days from the date of issuance and will accompany the issuance of the tax release provided for in § 160-4.
The movement of a manufactured home from the lot or business location of a manufactured home from the lot or business location of a manufactured home dealer to its destination designated by an owner-purchaser is not subject to the requirements of § 160-4 above if the movement originates from the lot or business location of the dealer and the manufactured home was part of his inventory prior to the sale to the owner-purchaser, provided that the movement of a manufactured home by a dealer or his authorized agent as a result of a sale or trade-in from a nondealer owner is subject to the requirements of this chapter regardless of the destination and regardless of the origination.
The certificate from the County Treasurer shall be attached to the manufactured home in a conspicuous location on the rear of said manufactured home during movement over any streets and highways under the jurisdiction of Otero County.
No certificate shall be issued by the County Treasurer in accordance with § 160-4 above unless the destination has a municipal address or a County address assigned under the County Rural Addressing System, provided that, if the destination is a location within the County for which a rural County address is not available, then the person requesting the certificate shall give a physical description of the destination sufficient to enable the County Treasurer to identify the actual site or location to which the manufactured home is being moved.
No person who is the owner, purchaser, lessee, renter, or who is the agent or employee of any owner, purchaser, lessee, renter, or who has custody and control of said manufactured home shall suffer or permit the movement of said manufactured home unless the person shall have first obtained the certificate required in § 160-4 above and shall have affixed said certificate to the manufactured home as required by § 160-7 above.
No person shall move a manufactured home unless the certificate required by this chapter shall have been obtained and affixed to said manufactured home as required by this chapter.
Any person violating the terms of this chapter shall be punished by a fine not to exceed $300 or imprisonment for 90 days, or both such fine and imprisonment.
Prosecution or conviction under this chapter shall not discharge the obligation for the payment of any taxes due under the law as of the State of New Mexico.