Georgia § 8-2-143 - Civil and criminal penalty for violation of Section 610 of National Manufactured Housing Construction and Safety Standards Act of 1974 and regulations and final orders issued thereunder.

§ 8-2-143. Civil and criminal penalty for violation of Section 610 of National Manufactured Housing Construction and Safety Standards Act of 1974 and regulations and final orders issued thereunder.

Civil penalties. Any person in this state who violates any provision of Section 610 of the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq., or any regulation or final order issued thereunder, shall be liable to the State of Georgia for a civil penalty not to exceed $1,000.00 for each such violation. Each violation of Section 610 of the aforementioned act or of any regulation or order issued thereunder shall constitute a separate violation with respect to each manufactured home or with respect to each failure or refusal to allow or perform an act required thereby, except that the maximum civil penalty may not exceed $1 million for any related series of violations occurring within one year from the date of the first violation. Criminal penalties. An individual or a director, officer, or agent of a corporation who knowingly and willfully violates any provision of Section 610 of the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq., in a manner which threatens the health or safety of any purchaser shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000.00 or be imprisoned for not more than 12 months, or both. (Ga. L. 1968, p. 415, § 9; Ga. L. 1973, p. 4, § 12; Ga. L. 1979, p. 1286, §§ 4, 5; Code 1981, § 8-2-143 ; Ga. L. 1982, p. 1376, §§ 2, 7; Ga. L. 2004, p. 607, § 1.) Code Commission notes. - Pursuant to Code Section 28-9-5, in 1989, "Manufactured Housing" was substituted for "Mobile Home" in subsections (a) and (b). Editor's notes. - Ga. L. 1973, p. 4, which forms the basis for this part, was amended by Ga. L. 1975, p. 1557, § 1, which added a "Section 12A" to the 1973 Act. The 1973 Act was also amended by Ga. L. 1979, p. 1286, § 5, which again added a "Section 12A" to the 1973 Act. It does not appear that the later Section 12A was intended to amend or supersede the earlier Section 12A, and both have been codified, the 1975 amendment as Code Section 8-2-142, the 1979 amendment as Code Section 8-2-143.