A RESOLUTION OF THE BOARD OF COMMISSIONERS OF BUTTS COUNTY APPOINTING A LOCAL GOVERNMENT AGENT TO INSPECT ABANDONED MOBILE HOMES PURSUANT TO THE ABANDONED MOBILE HOME ACT; TO AUTHORIZE THE CHAIRMAN TO SIGN THE RESOLUTION; TO AUTHORIZE THE CLERK OF BUTTS COUNTY TO ATTEST THE RESOLUTION; AND FOR OTHER RELATED AND LAWFUL PURPOSES.
WHEREAS, Butts County is a duly created and validly existing political subdivision of the State of Georgia under the Constitution and laws of the state of Georgia; and
WHEREAS, the Butts County Board of Commissioners, hereinafter referred to as “The Commission”, is the elected governing body, charged with managing the affairs of the County and as such, is empowered by Law to adopt Resolutions and other Acts, and;
WHEREAS, the Abandoned Mobile Home Act, O.C.G.A. § 44-7-110 et seq., requires local governing authorities to appoint an agent to determine the condition of mobile homes in order for landowners to remove or restore abandoned mobile homes left on their property; and
WHEREAS, pursuant to O.C.G.A. § 44-7-112(6), the local government agent must be a person who is qualified to inspect abandoned mobile homes and to determine if abandoned mobile homes are derelict or intact; and
WHEREAS, the Butts County Board of Commissioners desires to comply with said Act and to appoint a local government agent; now, therefore, be it:
RESOLVED, that the Commission hereby declares that the foregoing preamble and whereas provisions set forth hereinabove constitute, and shall be considered to be, substantive provisions of this Resolution and are hereby incorporated by reference into this provision.
BE IT FURTHER RESOLVED that the Board of Commissioners hereby appoints the Butts County Building Inspector(s) to serve as Butts County’s local government agent for purposes of the Abandoned Mobile Home Act and charges that said Building Inspector(s) shall be authorized and empowered to perform the duties of the local government agent as outlined in the Abandoned Mobile Home Act, and as amended from time to time, and;
BE IT FURTHER RESOLVED that as provided in O.C.G.A. § 44-7-113(e), neither the Butts County Board of Commissioners nor the appointed agent(s) shall bear any liability with respect to any lawful actions taken to make a determination that a mobile home is abandoned or derelict, and;
BE IT FURTHER RESOLVED that this appointment shall remain effective until it is revoked or repealed by the Board of Commissioners and that said appointment shall carry forward to the appointed agent’s successors in office, subject to revocation as such action may be determined by the Board of Commissioners sitting at the time such revocation is undertaken, and;
BE IT FURTHER RESOLVED that this Resolution shall be in full force and effect on October 7, 2019 and that any and all resolutions or parts of resolutions, or policies or ordinances in conflict with this Resolution shall be, and they, to the extent of such conflict are, hereby repealed, and;
BE IT RESOLVED that it is the express intention of the Board of Commissioners that each independent provision of this Resolution should be adopted, and that the Board would have adopted each such independent provision even if the others had not been adopted; therefore, in the event that a court of competent jurisdiction finds any of the aforementioned to be unlawful, invalid or unenforceable, that it is the intent of the Board of Commissioners that the offending provision be severed, and that all lawful provisions remain in force, and;
BE IT FINALLY RESOLVED that the Board does hereby authorize the Chairman of the Board of Commissioners to sign this Resolution on their behalf and the Clerk of County to attest all signatures, to refer this resolution to the Book of Resolutions, Volume 1 and to append this resolution, by reference, upon the minutes of the Board of Commissioners.
Adopted in open session this 7th Day of October, 2019 in session.
/s/ Ken Rivers, Chairman
/s/ J. Michael Brewer, Deputy County Administrator
Clerk of Butts County Georgia