"AN ORDINANCE TO AMEND ARTICLE II OF CfIAPTER 18 OF THE CODE OF BROOKS COUNTY. GA. RELATINIG TO TIMBER HARVESTING; TO REPEAL ALL ORDINANCES IN CONFLICT HEREWITfl; AND FOR EFFECTIVE DATE AND FOR OTHER PURPOSES".

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• SECTION I

Purpose and Enactment Clause

BE IT ORDAINED by the Board of Commissioners of Brooks County in a regular meeting assemble and pursuant to lawful authority thereof, the Code of Brooks County, Georgia, is amended and stands amended as follows:

Purpose. To amend the Article II of Chapter 18 relating to Timber Harvesting to be in compliance with state law. O.C.G.A. § 12-6-24 

• SECTION II

Body of Ordinance

Section 18-21 of Article II of Chapter 18 of the The Code of Brooks County, Georgia, is hereby amended to read as follows:

"Sec. 18-20. Prior notice.

Any person or firm harvesting timber in the county shall provide prior notice for each separate tract to beharvested and said notice shall be made only in such form as prescribed by rule or regulation of the director of the State Forestry Commission and shall be limited to the following:

1. a. A map of the area which identifies the location of the tract to be harvested and, as to those trucks which will be traveling to and from such tract for purposes of picking upand hauling loads of cut forest products, the main point of ingress to such tract from a public road and, if different, the main point of egress from such tract toa public road;

b. A Statement as to whether the timber will be removed pursuant to lump sum sale, per unit sale, 

or owner harvest for purposes of ad valorem taxation under O.C.G.A § 48-5-7.5;

c. The name, address, and daytime telephone number of the timber seller if the harvest is pursuant to a lump sum or per unit sale or of the timber owner if the harvest is an owner harvest; and

d. The name, business address, business telephone number, and nighttime or emergency telephone nun1ber of the person of firm harvesting such timber; 

2. Notice may be submitted in person, by transtnission of an electronic record via telefacsimile, email, or such other means as approved by the county, including through a standing timber notification website. Notice shall be submitted to the county administrator or his/her designated agent prior to entering onto the property if possible, but no later than 24 hours after entering onto the property. Further such persons shall give notice of cessation of cutting within 24 hours 

after the job iscompleted.

3.    a. The county may require persons or firms subject to such notice requirement to deliver a 

bond or letter of credit as provided by this subparagraph, in which case notice shall not be or remain effective for such harvesting operations unless and until the person or firm providing such notice has delivered to the governing authority or its designated agent a valid surety bond, 

executed by a surety corporation authorized to transact business in this state, protecting the county, as applicable, against any damage caused by such person or firm in an amount specified by 

the county not exceeding $5,000.00 or, at the option of the person or firm harvesting timber, a valid irrevocable letter of credit issued by a bank or savings and loan association, as defined in 

Code Section 7-1-4, in the amount of and in lieu of such bond. Such bonds or letters of credit shall be subject to the conditions set forth in subparagraph (d) of this paragraph. The county 

shall require no more than one bond from each person or firm harvesting timber regardless of the number of tracts harvested in the county by each such person or firm so long as the bond remains in effect. For purposes of this subparagraph, any such surety bond or letter of credit shall be valid only for the calendar year in which delivered.

b. Such bond or letter of credit shall protect the county against any damage requiring re­ditching or repair of existing ditch structure or the removal of any harvesting residue, including tree 

tops, debris logs, pulpwood, and other materials, placed in or around rights of way caused by such person or firm tendering the bond or letter of credit, and the proceeds of such bond or letter of credit shaU be available to reimburse the county for any cost incurred to repair such damages in or 

around county rights of way. The proceeds of such bond or letter of credit shall also be available to reimburse the county for any cost incurred to maintain or repair county roads damaged by the 

ingress or egress of motor vehicles engaged in harvest operations located within 500 feet of any point of ingress or egress of the timber harvesting operation. The right of a county to call such bond or letter of credit in accordance with the provisions of this section shall be in addition to 

any other remedies available to the county at law or in equity for damage tocounty roads or rights of way.

c. When damage results from a person or firm's harvesting activities, the county shall make a written claim to the person or firm causing the damage within 30 business days after the governing authority becomes aware of the damage. Such claim may be given in person, by transmission of an 

electronic record via telefacsimile or email, or by mail. Such claim shall describe the damage in detail and give the person or firm the opportunity to repair such damage within 30 days of the notification. The county shall be authorized to repair the damage immediately if the county determines the conditions present a threat to public safety, health, or welfare and, upon making such repairs, shall present to the 

person or fin11 an itemized list of expenses incurred as a claim against the responsible party and the issuer of its bond or letter of credit. If the damage in question has not been repaired by or on behalf of the person or finn, then the county shall be authorized to call such bond or letter of credit for payment of any cost the county incurs or ,will incur to repair such damages, and 

additional remedies set forth in this paragraph shall remain available. Within 30 days of the 

receipt of the written notification from the county required by this subparagraph, the person or firm may:•

• 1. Repair damage at their own expense with the approval and supervision of the county. When repairs are completed to the satisfaction of the county, the county shall provide the person or firm with written notification of such satisfactory completion within five business days;
• II.   In the event of inclement weather or other factors preventing repair of the damage, request a 30 day extension to repair the damage from the county, provided that no such extension shall exceed 90 days. Approval of such extensions shall be in the discretion of the county; or
• III,  Appeal any adverse decision of the county to the magistrate court of Brooks county. The magistrate court will hear arguments within 30 days of the written appeal and render a ruling within ten days of such hearing. Any such appeal shall toll the 30 day period, or any extension thereof, provided for in subparagraph (c) of this paragraph. Should the person or finn receive a favorable ruling from the magistrate court, the county shall have no claim against the bond or letter of credit. Should the person or finn in question receive an unfavorable ruling from the magistrate court, the county shall be authorized to call the bond or letter of credit for reimbursement, not to exceed the bond or letter of credit amount, of costs incurred in repairing the damage.

d.lf a person or finn tendering the bond or letter of credit, or any agent, employee, or contractor of such person orfinn, causes a bond or letter of credit to be revoked, then a valid replacement bond or letter of credit shall be obtained by the person or firm and delivered to the county, or 

the designated agent thereof, no later than the close of business five business days after the date of revocation of the prior bond or letter of credit. The county shall be authorized to increase such bond or letter of credit by $2,500.00 after each instance of revocation of a bond or letter of credit, provided that the total bond amount shall not exceed $10,000.00 as to any riginal bond or letter of credit;

4. Notice shall be effective for such harvesting operation on such tract within such unincorporated area of the county upon receipt of the same by the county or its designated agent and, if applicable, compliance with the requirements of paragraph (3) of this subsection and until such time as the person or firm giving such notice has completed the harvesting operation for such tract; 

provided, however, that any subsequent change in the facts required to be provided for purposes of such notice shall be reported to the governing authority or its designated agent within three business days after such change; and 

5. Violation of the notice require1nents of this section shall be punishable by a fine not exceeding $1,500.00 for each violation. "

Sec. 18-21. REPEALED and RESERVED. 

Sec. 18-22. REPEALED and RESERVED.

• SECTION III
• Severability

In the event that any section, subsection, sentence, clause or phrase of this Ordinance shall be declared or adjudged invalid or unconstitutional, such adjunction shall not in any manner affect the other sections, sentences, clauses, or phrases of this Ordinance, which shall remain in full 

forc.e and effect, as if the section, subsection, sentence, clause or phrase so declared oradjudged invalid or unconstitutional were not originally part thereof.

• SECTION IV
• Penalty Clause

Violations of any provisions of this Ordinance shall be punished in the same manner as provided for punishment of violations of validly enacted Ordinances of Brooks County or the Official Code of Georgia should no applicable Ordinance be enacted.

• SECTION V
• Repealing Clause

All ordinances and parts of ordinances in conflict with this Ordinance are hereby repealed.

• SECTION VI
• Adoption Date

This Ordinance was adopted by vote of the Brooks County Board of Commissioners on May 2nd, 2022.

• SECTION VII
• Effective Date

This ordinance shall become effective immediately upon its ratification which shall take place after a synopsis of this Ordinance Amendment has run in the legal organ for three (3) consecutive weeks. All other portions, parts and provisions of the Codeof Brooks County, Georgia as heretofore enacted and amended, shall remain in force and effect.

OFFERED AND PRESENTED FOR THE FIRST TIME by Commissioner Larko at a regular meeting of the Board of Commissioners, Brooks County, Georgia, on April 4, 2022.

OFFERED, PRESENTED AND ADOPTED at a regular meeting of the Board of Commissioners, Brooks County, Georgia, on May 2, 2022.

I ATTEST AND CONFIRM THAT ORDIANANCE 2022-02 CAME BEFORE BROOKS COUNTY COMMISSION ON May 4, 2022 AND RECIEVED THE NECESSARY MAJORITY VOTE TO ENACT THE AFOREMENTIONED ORDINANCE. 

Authentication

Signature: 

Patricia Williams, Brooks County Clerk 

Signature:

Patrick Folsom, Brooks County Chairman 

Purpose:  The Purpose of theis enactment is to provide protection to residents of Brooks County against potential hazards to the health, safety and welfare of occupants of manufactured housing placed on real property located within the geographic boundaries of Brooks County in accordance with state and federal standards, and to regulate the installation of manufactured housing so as to provide protection to the occupants therefore and to ensure compliance with state and federal standards. 

Definations: 

a) Act or the Act means the National Manufactured Housing Construction and Safety Standards act of 1974, 42 U.S.C, § 5401, et seq., as amended and any and all rules and regulations promulgated thereunder.

b) Compliance officer means teh persons desgnated by Brooks County to enforce the provisions of the ordiance. 

c) Hub means the United States Department of Housing and Urban Development. 

d) Installation means the construction of the foundation system and the placement or erection of a manufacctured home one the foundation system  including (but not limited to) supporting, blocking, levleling, securing or anchoring such home and connecting multiple or expandable sections of such home, as per manufacturer requirements. Owner of manufactured home shall also install skirting within 30-day period. For purposes of this ordinance, the terms "installation" and "set up" are interchangeable. 

e) Installer maeans person responsible for performing an installation of manufactured home and who is required to obtain a license pursuant to O.C>G.A. § 8-2-164. In addition, thereto, "installer" shall also mean and include an "registered installer", or "licensed installer" as defined in the Rules and Regulations of the Office of Commissioner of Insurance and Safety Fire Division, § 12-3-7-03(6). 

f) Manufactured Housing Act means the "Uniform Standards Code for Manufactured Homes Act" codifies at O.C.G.A § 8-2-130, et seq., and any rules and regulations promulgated thereunder. 

g) Safety fire division means teh authorized inspection and enforcement authority of the Georgia Safety Fire Commissioner. 

h) Secretary means the Secretary of the U.S. Department of Housing and Urban Development. 

i) Set up See: "instaltion." 

j) Standars means the Federa Manufactured Home Construction and Safety Standards as promulgated under Section 604 of the Act, 42 U.S.C. § 5403, as part of the federal regulations. 

k) Statae administrative agency means an agency of the state which has been approved by HUD to carry out the state plan for enforcement of the standards pursuant to Section 632 of the Act (42 U.S.C. § 5422).

Construction Standards: Each Manufactured home to be located in Brooks County shall conform to the requirements of the Act and the rules and regulations promulgated thereunder by the secretary as the construction standards for manufactured homes, contained at 24 C.F.R § 3280, as amended and the rules and regulations of the Georgia Rules and Regulations, Section 120-3-7-.05 and Section 120-3-7-.06, as amended.

Dealer License Required: Each dealer/retailer who sells or offers for sale to consumers three (3) or more previously owned n1anufactured homes in a twelve (12) month period in Brooks County shall have a license as required by the rules and regulations of the Georgia Office of Insurance and

Safety Fire Commissioner, at Georgia Rules and Regulations, Section 120-3-7-.08(2), as amended.

Installer License Required: Every installer who installs new or previously owned manufactured homes in Brooks County shall have a licensed installer as required by the rules and regulations of

the Georgia Office of Insurance and Safety Fire Commissioner, at Georgia Rules and Regulations, Section 120-3-7-.14, including but not limited to Appendix A to Section 120-3-7-.14.

Report of Manufactured Home Installations: Each manufactured home installer shall report any and all installations performed in Brooks County each month, no later than the 10th day of each

month. Any report which complies with the requirements or the rules and regulations of the Georgia Office of Insurance and Safety Fire Commissioner, at Georgia Rules and Regulations,

Section 120-3-7-.15 shall be deemed to comply with this requirement. Any report required herein shall be directed and provided to the Brooks County Building Official.

Inspections: An inspection of any manufactured home installation in Brooks County shall be conducted by the Brooks County Building Official to ensure compliance with the requirements of

0.C.G.A. § 8-2-160, et seq., the rules and regulations of the State of Georgia and the provision of the Brooks County Code. No permit shall be issued for any manufactured home within Brooks County until the manufactured home is determined to be in compliance with any applicable provision of any and all laws, rules and/or regulations. In addition, no permit shall be issued by Brooks County until the Brooks County Tax Commissioner has confirmed that any and all taxes

applicable to such manufactured home and paid and current.

Issuance of Permits and Decals. Display of Decals 

By action of the Brooks County Board of Commissioners on July 12, 2021, this portion of the

Manufactured Home Ordinance has been repealed. Brooks County no longer requires mobile home decals pursuant to Georgia Senate Bill 193 amended O.C.G.A § 48-5-492.

Annual Reports by Manufactured Home Park Owners/Operators:

Each and every owner and/or operator of a manufactured home park is required to give to the Brooks County Tax· ·Assessor an annual inventor of all manufactured homes located within the park of January 1 of each calendar year. Such report shall be due on or before February 1 of each calendar year and shall include the following information:

a) An updated lot map of each park identifying lots and manufacturing homes hereon as of January 1 of such calendar year.

b) The year and decal nun1ber displayed "if any" on the manufactured home and the owner's name.

Other Reports and Lot Markings Required from Manufactured Home Park Owners/Operators:

a) In addition to the annual repo1ts required by "Issuance of Permits and Decals", each and every owner and/or operator of a manufactured home park shall provide the following additional notices to the Brooks CoW1ty Tax Assessor within thirty (30) days of the date of the occurrence of such event.

a. The removal of any manufactured home from the manufactured home park; and

b. Any change of ownership or of the name of the manufactured home park.

b) Each and every owner and/or operator of a manufactured home park shall number each lot located within the manufactured home park in sequence and identify each lot with its applicable lot number by a sign of sufficient size to comply with the requirements of

Brooks County Address Ordinance Section 302-7.

c) Tax Assessor will provide a copy of the report to Brooks CoW1ty Tax Commissioner.

Inspection for Location Permit Compliance/Citations:

a) The Brooks County Tax Assessors' Agent and/or The Brooks County Building Official shall have the responsibility to annually inspect each manufactured home located within Brooks County, expect those held in inventory by manufactured home dealers, but specifically including those located within manufactured home parks is in compliance with this ordinance, including compliance with those regulations requiring the display of the decal "if any" evidencing issuance of the manufactured home permit. The Brooks County Tax Assessors' Agent shall have the further responsibility to determine whether each owner/operator of a manufactured home park in Brooks County has complied with the reporting obligations imposed by "Reports". The Brooks County Tax Assessor's Agent and the Brooks County Building Official shall be and are hereby appointed by Brooks

County as its appropriate and lawful agent pursuant to O.C.G.A. § 15-1 0-63 to issue

citations to owners found to be in violation of this ordinance.

b) The Brooks County Tax Assessors' Agent and/or the Brooks County Building Official shall issue a citation to the owner or occupant of any manufactured home not in compliance with this ordinance. The citation shall notify the owner, i f known, of the manufactured home that it is in violation with a person of legal age fourid therein or by  registered mail, return receipt requested. If the owner of the manufactured home is not known, such notice may be given to any occupant therein by the same means. The notice shall state the penalties set forth in this ordinance, along with those contained within O.C.G.A § 48-5-493, as amended and Georgia Rules and Regulations section 590-1 1-9-.1 1, as amended.

c) The Brooks Courity Tax Assessor's Agent issuing any citation in "Reports" shall also

provide notice of the issuance of the citation to the Brooks County Tax Commissioner.

Transportation of Manufactured Homes/Decal Required: 

It shall be unlawful for any person to move or transport any manufactured home which is required to and which does not have attached and displayed thereon the manufactured home decal "if any" required by "Issuance of Pennits and

Decals".

Requirements for Relocation of a Manufactured Home:

a) A pennit shall be required for the transport and/or relocation ofany manufactured home in Brooks County.

b) Prior to transport and/or relocation ofany manufactured home presently existing in Brooks County and Proposed to be transported and/or relocated to another location within Brooks County, 

the Brooks County Building Official shall conduct an inspection of such manufactured home. Based 

thereon, the Brooks County building Official shall provide to the pennit applicant a list of each and every existing condition ofthe manufactured home in which such home fails to conform to the requirements of the Act and a notice that no certificate ofoccupancy can be issued for habitation upon transport and/or relocation until such manufactured home complies with the Act and the rules and regulations promulgated thereunder by the secretary as the construction standards for manufactured homes, contained at 24 C.F.R. § 3280, as amended and the rules and regulations of the 

Georgia Office of Insurance and Safety Fire Commissioner, at Georgia Rules and Regulations, section 

120-3-7-.05 and section 120-3-7-.06, as amended.

c) No certificate ofoccupancy shall be issued for any manufactured home relocated in Brooks County until the Brooks County Building Official certifies (upon inspection) that such home conforms to the requirements of the Act and the rules and regulations promulgated thereunder by the 

secretary as the construction standards for manufactured homes, contained at 24 C.F.R § 3280, as amended and the rules and regulations of the Georgia Office or Insurance and Safety Fire Commissioner, at Georgia Rules and Regulations, section 120-3-7-.05 and section 120-3-7-.06, as amended.

• Penalties

The following penalties shall apply for violations ofthis ordinance:

a) Any owner ofa manufactured home which is subject to these regulations shall, in addition to the ad valorem tax due thereon, be liable for a penalty ofapplicable interest and penalties due for failure to make the return or pay the tax by May 1 of each calendar year.

Any owner ofa manufactured home located in Brooks County (other than a manufactured home dealer) on January 1 ofeach calendar year and subject to these regulations that fails to obtain or afftx a 

decal "ifany" required by "Issuance ofPermits and Decal s" by May 1 ofeach calendar year shall be guilty ofamisdemeanor. Upon conviction thereof, the owner shall be punished by a fine ofnot less than twenty-five dollars ($25.00) nor more than two hundred dollars ($200.00) per violation, expect that upon receipt ofproof ofpurchase of a decal "ifany" prior to the date ofthe issuance ofa summons the fine shall be $25.00.

c) Any person owning, moving or transporting a manufactured home from a location in Brooks County or to a location within Brooks County in violation ·of "Transportation" shall be guilty of a misdemeanor. Upon conviction thereof, the person shall be punished by a fine ofnot less than two 

hundred dollars ($200.00) nor mor than one thousand ($1,000.00) per violation.

d) Penalty for failure to comply with provisions ofthis ordinance for lot owners containing manufactured homes are subject to these regulations and shall be punishable same as stated

above. Upon conviction thereof, the person shall be punished by a fine ofnot less than two 

hundred dollars ($200.00) nor more than one thousand ($1 ,000.00) per violation. Penalty will be enforced by Brooks County Code Enforcement Officer.

e) All violations shall be subjected to thejurisdiction of the Brooks County Magistrate.

All ordinances or parts ofordinances in conflict with this ordinance are hereby repealed.

ADOPTED AND APPROVED, this 12th day of July, 2021. 

SEAL

Brooks County Board of Commissioners 

Signed: 

Patrick Folsom, Chairman

Signed: 

James Maxwell, Vice Chairman

Unsigned:

Myra Exum, Commissioner 

Signed:

Willie Cody, Commissioner

Unsigned: 

1st District Commissioner (vacant seat). 

Brooks County, GA 

Budget Summary Sheet for FY2022

This is the 2nd half of the Brooks County Budget Summary Sheet FY2022. 

“BURNT HOUSE ORDINANCE”

AN ORDINANCE RELATED TO THE DWELLINGS, BUILDINGS, OR STRUCTURES AND PUBLIC SAFETY IN BROOKS COUNTY, GEORGIA

SECTION 1

Purpose and Enactment Clause

 WHEREAS this Ordinance is enacted to promote the safe operation and maintenance of property within unincorporated portions of Brooks County and to abate nuisances to the public.