AN ORDINANCE OF IDAHO COUNTY, STATE OF IDAHO, PROVIDING A PERMIT SYSTEM FOR THE INSTALLATION OF MOBILE HOMES OR MANUFACTURED HOMES WITHIN IDAHO COUNTY IF CONSTRUCTED PRIOR TO JUNE 15, 1976; PROVIDING THAT SUCH EARLIER UNITS BE REHABILITATED PRIOR TO INSTALLATION IN ACCORDANCE WITH THE APPROPRIATE PROVISIONS OF TITLE 44, CHAPTER 25 OF THE IDAHO CODE; PROVIDING CRIMINAL PENALTIES FOR NONCOMPLIANCE IN ADDITION TO PROVIDING FOR INJUNCTIVE RELIEF TO THE COUNTY; PROVIDING FOR THE ORDINANCE BECOMING EFFECTIVE UPON ITS PASSAGE, APPROVAL, AND PUBLICATION.

NOW, THEREFORE BE ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF IDAHO COUNTY:

In order to ensure the residents of rural Idaho County, Idaho outside the Inc. limits of the various cities, within said county with affordable, healthy, and safe housing, the Idaho County commission does hereby adopt the following ordinance:

Section 1: Transportable, factory built, residential dwellings, commonly known as mobile homes and/or manufactured homes shall hereafter be referred to as units.

Section 2: Units constructed prior to June 15, 1976, MAY NOT be installed in the Inc. limits of Idaho County, Idaho, unless they meet the rehabilitation requirements set forth in Idaho code §44– 2501 — 2504. The owner or owners of such older units, before installation, must receive eight certificates of compliance from the Administration of the Division of Public Safety of the State of Idaho.

a) The Idaho County Commissioners shall authorize by appropriate motion or resolution the Idaho County Clerk to be available for contact with people desiring to install a unit constricted prior to June 15, 1976, anywhere within the Inc. limits of the County of Idaho. Upon any such contact the County Clerk, shall notify the owner or installer of the requirements of this ordinance and the provisions to of Idaho Code §44 — 2501 — 2504. The owner shall likewise be notified of the need to make written application to the Idaho County Clerk for a permit, which will be issued later upon the receipt of the appropriate certificate of compliance from the Division in of Public Safety of the State of Idaho.

b) After the application for a permit is received, the County Clerk shall wait for a certificate of compliance as described herein. After the certificate is received the County shall issue a permit on forms adopted by the County Commission for the installation of the rehabilitated units and that permits may be issued then by the County Clerk in writing in accordance with the requirements of Idaho Code §44 – 2502(2).

c) There shall be no fee for the County’s administration of the permit system hereunder.

Section 3: Units existing within the unincorporated limits of Idaho County prior to the adoption of this ordinance may continue in use at the site they occupy upon the effective date of this ordinance, but may not be used in other site within unincorporated limits of that County unless they meet the rehabilitation requirements set forth in Idaho Code §44 — 2501 – 2504.

Section 4: The definition of the word installed as contained here in this ordinance shall be defined as follows: installed shall be defined as the placing, by any means, a unit anywhere within the unincorporated limits of Idaho County, including the placing of a unit on the ground, on blocks, on cement, foundation, on the trailer, or other foundation for residential occupancy or other general use.

Section 5: Any violation of this ordinance is declared to be a misdemeanor, and shall be punishable in accordance with the general misdemeanor penalties set forth in the Idaho Code.

Section 6: In addition to the criminal penalties described above in section 7, the county shall be permitted to seek injunctive relief as in light from time to time be required to enforce the terms of this ordinance.

Section 7: This ordinance shall become effective upon its passage, approval, and publication in the Idaho County Free Press.

Section 8: All ordinances or parts of ordinance in conflict here with are hereby repealed.

This ordinance passed on the eleventh day of July, 2005.

IDAHO COUNTY BOARD OF COMMISSIONERS

RANDY DOMAN, chair

JIM REHDER, Commissioner

ALICE MATTSON, Commissioner

ATTEST:

ROSE E. GEHRING, Clerk