Title 38
MANUFACTURED HOUSING
38-29-101. Short title.
This part 1 shall be known and may be cited
as the "Titles to Manufactured Homes Act".
38-29-102. Definitions.
As used in this article, unless the context
otherwise requires:
(1) "Authorized agent" means the county
clerk and recorder in each of the counties of the state, except in the city
and county of Denver, and therein the manager of revenue, or such other
official of the city and county of Denver as may be appointed by the mayor
to perform functions related to the registration of manufactured homes, is
the authorized agent.
(1.5) "Clerk and recorder" means the clerk
and recorder of any county or city and county in the state of Colorado.
(2) "Dealer" means any person, firm,
partnership, corporation, or association licensed under the laws of this
state to engage in the business of buying, selling, exchanging, or otherwise
trading in manufactured homes.
(3) "Department" means the department of
revenue.
(4) "Director" means the executive director
of the department of revenue.
(5) "Home" means any manufactured home as
defined in subsection (6) of this section.
(6) "Manufactured home" means a
preconstructed building unit or combination of preconstructed building units
that is constructed in compliance with the federal manufactured home
construction safety standard, as defined in section 24-32-3302 (13), C.R.S.
"Manufactured home" shall also include a mobile home, as defined in section
24-32-3302 (24), C.R.S.
(7) "Manufacturer" means a person, firm,
partnership, corporation, or association engaged in the manufacture of new
manufactured homes.
(8) Repealed.
(9) "Mortgages" or "mortgage" or "chattel
mortgage" means chattel mortgages, conditional sales contracts, or any other
like instrument intended to operate as a mortgage or to create a lien on a
manufactured home as security for an undertaking of the owner thereof or
some other person; except that, as used in part 2 of this article,
"mortgage" also includes mortgages, deeds of trust, and other liens on real
property.
(10) "Owner" means any person, association
of persons, firm, or corporation in whose name the title to a manufactured
home is registered.
(11) "Person" means a natural person,
association of persons, firm, partnership, or corporation.
(12) "State" includes the territories and
the federal districts of the United States.
(13) "Verification of application form"
means the form generated by an authorized agent upon receipt of a properly
completed application for title submitted in accordance with section
38-29-107.
38-29-103. Application.
The provisions of this article shall apply
to manufactured homes as defined in section 38-29-102 (6).
38-29-104. Administration.
The director is charged with the duty of
administering this part 1. For that purpose he or she is vested with the
power to make such reasonable rules, prepare, prescribe, and require the use
of such forms, and provide such procedures as may be reasonably necessary or
essential to the efficient administration of this part 1.
38-29-105. Authorized agents.
The county clerk and recorder in each of the
counties of the state, except in the city and county of Denver the manager
of revenue or such other official of the city and county of Denver as may be
appointed by the mayor to perform functions related to the registration of
manufactured homes, is designated to be the authorized agent of the director
and, under the direction of the director, is charged with the administration
of the terms and provisions of this article and the rules that may from time
to time be adopted for the administration thereof in the county in which
such authorized agent holds office.
38-29-106. Sale or transfer of manufactured home.
Except as provided in section 38-29-114, no
person shall sell or otherwise transfer a manufactured home to a purchaser
or transferee
thereof without delivering to such purchaser
or transferee the certificate of title to such home, duly transferred in the
manner prescribed in section 38-29-112, and no purchaser or transferee shall
acquire any right, title, or interest in and to a manufactured home
purchased by him unless and until he obtains from the transferor the
certificate of title thereto, duly transferred to him in accordance with the
provisions of this article.
38-29-107. Applications for certificates of title.
(1) In any case under the
provisions of this article wherein a person who is entitled to a certificate
of title to a manufactured home is required to make formal application to
the director therefor, such applicant shall make application upon a form
provided by the director in which appears a description of the manufactured
home, including the manufacturer and model thereof, the manufacturer's
number, the date on which said manufactured home was first sold by the
dealer or manufacturer thereof to the initial user thereof, and a
description of any other distinguishing mark, number, or symbol placed on
said home by the manufacturer thereof for identification purposes, as may by
rule be required by the director. Such application shall also show the
applicant's source of title and the new or resale price of said manufactured
home, whichever is applicable, paid by such applicant and shall include a
description of all known mortgages and liens upon said manufactured home,
each including the name of the legal holder thereof, the amount originally
secured, the amount outstanding on the obligation secured at the time such
application is made, the name of the county or city and county and state in
which such mortgage or lien instrument is recorded or filed, and proof of
the fact that no property taxes for previous years are due on such
manufactured home. Such proof shall be a certificate of taxes, or an
authentication of paid ad valorem taxes, issued by the county treasurer of
the county in which the manufactured home is located. Such application shall
be affirmed by a statement signed by the applicant and shall contain or be
accompanied by a written declaration that it is made under the penalties of
perjury in the second degree, as defined in section 18-8-503, C.R.S.
(2) In any case in which the manufactured
home was affixed to the ground prior to July 1, 2008, and a certificate of
permanent location was not filed and recorded, a person who is entitled to a
certificate of title to a manufactured home shall make formal application to
the director upon a form provided by the director. As part of the
application, in addition to any information required pursuant to subsection
(1) of this section, the applicant shall provide an affidavit of real
property, a statement that the identification number has been verified
pursuant to section 38-29-122 (3) (a), a certificate of removal, and a copy
of all deeds recorded since the home was affixed to the ground. The director
shall accept these documents as sufficient evidence of the applicant's proof
of ownership of the manufactured home.
(3) (a) In any case in which the
manufactured home was affixed to the ground after July 1, 2008, and a
certificate of permanent location was filed and recorded, a person who is
entitled to a certificate of title to a manufactured home shall make formal
application to the director upon a form provided by the director. As part of
the application, in addition to any information required pursuant to
subsection (1) of this section, the applicant shall provide a copy of the
recorded certificate of permanent location, a certificate of removal, a
statement that the identification number has been verified pursuant to
section 38-29-122 (3) (a), and a copy of all deeds recorded since the home
was affixed to the ground. The director shall accept these documents as
sufficient evidence of the applicant's proof of ownership of the
manufactured home.
(b) In any case in which a manufactured home
occupies real property subject to a long-term lease that has an express term
of at least ten years, the manufactured home was affixed to the ground after
July 1, 2008, and a certificate of permanent location was filed and
recorded, a person who is entitled to a certificate of title to a
manufactured home shall make formal application to the director upon a form
provided by the director. As part of the application, in addition to any
information required pursuant to subsection (1) of this section, the
applicant shall provide a copy of the recorded certificate of permanent
location, a statement that the identification number has been verified
pursuant to section 38-29-122 (3) (a), and a copy of the recorded long-term
lease. The director shall accept these documents as sufficient evidence of
the applicant's proof of ownership of the manufactured home.
38-29-108. Where application for certificates of title made - procedure.
(1) An application for a certificate of
title upon the sale, transfer, or movement into the state of any
manufactured home that does not become real property pursuant to section
38-29-114 (2) or section 38-29-117 (6) shall be directed to the director and
filed with the authorized agent of the county or city or city and county in
which such manufactured home is to be located. Upon sale or transfer, an
application for a certificate of title on a manufactured home shall be made
within forty-five days of the receipt of a manufacturer's certificate or
statement of origin or its equivalent. The authorized agents shall forward
copies of all such applications to the county assessor. Any person, other
than an individual selling a manufactured home used as his residence, who
receives a commission or other valuable consideration for the transfer or
sale of a manufactured home shall fulfill the application and notice
requirements of this subsection (1).
(2) Repealed.
38-29-109. Director may refuse certificate,
when.
The director shall use reasonable diligence
in ascertaining whether the facts stated in any application and facts
contained in other documents submitted to him with said application are true
and, in appropriate cases, may require the applicant to furnish other and
additional information regarding his ownership of the manufactured home and
his right to have issued to him a certificate of title therefor. He may
refuse to issue a certificate of title to such home if from his
investigation he determines that the applicant is not entitled thereto.
38-29-110. Certificates of title - contents.
(1) All certificates of title to
manufactured homes issued under the provisions of this article shall be
subscribed by the director, or by some duly authorized officer or employee
in the department in the name, place, and stead of the director, to which
shall be affixed the seal of the department. Such certificate shall be
mailed to the applicant, except as provided in section 38-29-111, and
information of the facts therein appearing and concerning the issuance
thereof shall be retained by the director and appropriately indexed and
filed in his office. The certificate shall be in such form as the director
may prescribe and shall contain, in addition to other information which he
may by rule from time to time require, the manufacturer and model of the
manufactured home for which said certificate is issued, the date on which
said home therein described was first sold by the manufacturer or dealer to
the initial user thereof, where such information is available, together with
the serial number thereof, if any, and a description of such other marks or
symbols as may be placed upon the home by the manufacturer thereof for
identification purposes.
(2) Beginning January 1, 1983, there shall
be issued a distinctive certificate of title identifying the home as a
manufactured home. Any person in whose name a certificate of title to a
mobile home, as defined in section 38-29-102 (8), was issued prior to
January 1, 1983, and which title is free and clear of all encumbrances, may
apply to the director or one of his authorized agents for a distinctive
manufactured home certificate of title, accompanied by the fee required in
section 38-29-138 to be paid for the issuance of a duplicate certificate of
title; whereupon, a distinctive certificate of title shall be issued and
disposition thereof made as required in this article.
38-29-111. Disposition of certificates of title.
(1) All certificates of title issued by the
director shall be disposed of by him in the following manner:
(a) If it appears from the records in the
director's office and from an examination of the certificate of title that
the manufactured home therein described is not subject to a mortgage filed
subsequent to August 1, 1949, or if such home is encumbered by a mortgage
filed in any county of a state other than the state of Colorado, the
certificate of title shall be delivered to the person who therein appears to
be the owner of the home described, or such certificate shall be mailed to
the owner thereof at his address as the same may appear in the application,
the certificate of title, or other records in the director's office.
(b) If it appears from the records in the
office of the director and from the certificate of title that the
manufactured home therein described is subject to one or more mortgages
filed subsequent to August 1, 1949, the director shall deliver the
certificate of title issued by him to the mortgagee named therein or the
holder thereof whose mortgage was first filed in the office of an authorized
agent or shall mail the same to such mortgagee or holder at his address as
the same appears in the certificate of title to said manufactured home.
38-29-112. Certificate of title - transfer.
(1) Upon the sale or transfer of a
manufactured home for which a certificate of title has been issued, the
person in whose name said certificate of title is registered, if he is other
than a dealer, shall, in his own person or by his duly authorized agent or
attorney, execute a formal transfer of the home described in the
certificate, which transfer shall be affirmed by a statement signed by the
person in whose name said certificate of title is registered or by his duly
authorized agent or attorney and shall contain or be accompanied by a
written declaration that it is made under the penalties of perjury in the
second degree, as defined in section 18-8-503, C.R.S. The purchaser or
transferee, within thirty days thereafter, shall present such certificate,
duly transferred, together with his application for a new certificate of
title to the director or one of his authorized agents, accompanied by the
fee required in section 38-29-138 to be paid for the issuance of a new
certificate of title; whereupon, a new certificate of title shall be issued
and disposition thereof made as required in this article.
(1.3) Prior to the sale or transfer of a
manufactured home for which a certificate of title has been issued, a holder
of a mortgage that is the legal holder of certificate of title shall provide
a copy of the certificate of title to any title insurance agent, title
insurance company, or financial institution requesting information related
to the payoff of the mortgage within fourteen days of the request.
(1.5) The purchaser or transferee of a
manufactured home that becomes permanently affixed at an existing site or is
transported to a site and is permanently affixed to the ground so that it is
no longer capable of being drawn over the public highways shall present a
certificate of transfer as required in subsection (1) of this section,
together with his or her application for purging a manufactured home title
and a certificate of permanent location, to the authorized agent of the
county or city or city and county in which such manufactured home is
located. The manufactured home shall become real property upon the filing
and recording of the certificate of permanent location in accordance with
section 38-29-202. The provisions of articles 30 to 44 of this title and of
any other law of this state shall be applicable to manufactured homes that
have become real property pursuant to this subsection (1.5) and to
instruments creating, disposing of, or otherwise affecting such real
property wherever such provisions would be applicable to estates, rights,
and interests in land or to instruments creating, disposing of, or otherwise
affecting estates, rights, and interest in land. The manufactured home for
which a Colorado certificate of title has been issued shall continue to be
valued and taxed separately from the land on which it sits until such time
that the manufactured home becomes real property pursuant to this subsection
(1.5).
(1.7) (a) If the conditions set forth in
paragraph (b) of this subsection (1.7) are met, the legal holder of the
certificate of title, within forty-five days, shall deliver to the title
insurance agent who is the settlement agent related to the sale of the
manufactured home the certificate of title or evidence that the holder has
lost the certificate of title and requested a duplicate from the department.
The holder shall mail or otherwise deliver the duplicate certificate of
title to the title insurance agent within five business days of receipt from
the department. Upon receipt from the holder, the title insurance agent
shall present the certificate of title to the person in whose name the
certificate of title is issued or his or her authorized agent or attorney to
allow such person to execute a formal transfer as required by subsection (1)
of this section.
(b) The provisions of paragraph (a) of this
subsection (1.7) shall apply if:
(I) A title insurance agent acts as a
settlement agent related to the sale of a manufactured home;
(II) The manufactured home that is sold is
the subject of one or more mortgages that have been filed pursuant to
section 38-29-128; and
(III) All holders of a mortgage on the
manufactured home that have been filed pursuant to section 38-29-128 have
been paid in full from the proceeds of the sale.
(2) Any person who violates any of the
provisions of subsection (1) of this section is guilty of a misdemeanor and,
upon conviction thereof, shall be punished by a fine of not less than two
hundred fifty dollars nor more than one thousand dollars, or by imprisonment
in the county jail for not less than ten days nor more than six months, or
by both such fine and imprisonment.
(3) Any person who violates the provisions
of subsection (1.3) or (1.7) of this section shall be liable to an injured
person for any actual economic damages caused by the violation, to be
recovered in a civil action in a court of competent jurisdiction.
38-29-113. Lost certificates of title.
(1) Upon the loss in the mails of any
certificate of title to a manufactured home and accompanying papers which
may be sent by an authorized agent to the director and upon an appropriate
application of the owner or other person entitled to such certificate of
title directed to the authorized agent therefor, such certificate of title
may be reissued bearing such notations respecting existing mortgages on the
home therein described as the records of the authorized agent and of the
director may indicate are unreleased and constitute an encumbrance upon the
home, which certificate of title shall be issued without charge.
(2) If the holder of any certificate of
title loses, misplaces, or accidentally destroys any certificate of title to
a manufactured home which he holds whether as the holder of a mortgage or as
the owner of the home therein described, upon application therefor to the
director, the director may issue a duplicate certificate of title as in
other cases.
(3) Upon the issuance of any duplicate
certificate of title as provided in this section, the director shall note
thereon every mortgage shown to be unreleased and the lien of which is in
force and effect as may be disclosed by the records in his office and shall
dispose of such certificate as in other cases.
38-29-114. New manufactured homes - bill of sale - certificate of title.
(1) Upon the sale or transfer by a dealer of
a new manufactured home, such dealer shall, upon the delivery thereof, make,
execute, and deliver to the purchaser or transferee a good and sufficient
bill of sale therefor, together with the manufacturer's certificate or
statement of origin or the filing of a mortgage by the holder of such
mortgage pursuant to section 38-29-128. Said bill of sale shall be affirmed
by a statement signed by such dealer and shall contain or be accompanied by
a written declaration that it is made under the penalties of perjury in the
second degree, as defined in section 18-8-503, C.R.S., and the
manufacturer's certificate or statement of origin shall be notarized. Both
the bill of sale and the manufacturer's certificate or statement of origin
shall be in such form as the director may prescribe, and shall contain, in
addition to other information which he may by rule from time to time
require, the manufacturer and model of the manufactured home so sold or
transferred, the identification number placed upon the home by the
manufacturer for identification purposes, the manufacturer's suggested
retail price or the retail delivered price, and the date of the sale or
transfer thereof, together with a description of any mortgage thereon given
to secure the purchase price or any part thereof. Upon presentation of such
a bill of sale to the director or one of his authorized agents, a new
certificate of title for the home therein described shall be issued and
disposition thereof made as in other cases. The transfer of a manufactured
home which has been used by a dealer for the purpose of demonstration to
prospective customers shall be made in accordance with the provisions of
this section.
(2) Any purchaser of a new manufactured home
that is transported to a site and permanently affixed to the ground so that
it is no longer capable of being drawn over the public highways shall not be
required to procure a certificate of title thereto as is otherwise required
by this article. The purchaser shall file a certificate of permanent
location along with the manufacturer's certificate or statement of origin or
its equivalent with the clerk and recorder for the county or city and county
in which the new manufactured home is permanently affixed to the ground. The
manufactured home shall become real property upon the filing and recording
of such documents in accordance with section 38-29-202. The provisions of
articles 30 to 44 of this title and of any other law of this state shall be
applicable to manufactured homes that have become real property pursuant to
this subsection (2) and to instruments creating, disposing of, or otherwise
affecting such real property wherever such provisions would be applicable to
estates, rights, and interests in land or to instruments creating, disposing
of, or otherwise affecting estates, rights, and interests in land.
38-29-115. Sale to dealers - certificate need not issue.
Upon the sale or transfer to a dealer of a
manufactured home for which a Colorado certificate of title has been issued,
formal transfer and delivery of the certificate of title thereto shall be
made as in other cases; except that, so long as the home so sold or
transferred remains in the dealer's inventory for sale and for no other
purpose, such dealer shall not be required to procure the issuance of a new
certificate of title thereto as is otherwise required in this article.
38-29-116. Transfers by bequest, descent, law.
Upon the transfer of ownership of a
manufactured home by a bequest contained in the will of the person in whose
name the certificate of title is registered, or upon the descent and
distribution upon the death intestate of the owner of such home, or upon the
transfer by operation of law, as in proceedings in bankruptcy, insolvency,
replevin, attachment, execution, or other judicial sale, or whenever such
manufactured home is sold to satisfy storage or repair charges or
repossession is had upon default in the performance of the terms of any
mortgage, the director or an authorized agent, upon the surrender of the
certificate of title, if the same is available, or upon presentation of such
proof of ownership of such home as the director may reasonably require and
upon presentation of an application for a certificate of title, as required
in section 38-29-107, a new certificate of title may thereupon issue to the
person shown by such evidence to be entitled thereto, and disposition shall
be made as in other cases.
38-29-117. Certificates for manufactured homes registered in other states.
(1) Whenever any resident of the state
acquires the ownership of a manufactured home, located or to be located in
the state of Colorado, by purchase, gift, or otherwise, for which a
certificate of title has been issued under the laws of a state other than
the state of Colorado, the person so acquiring such home upon acquiring the
same shall make application to the director or his authorized agent for a
certificate of title as in other cases.
(2) If any dealer acquires the ownership by
any lawful means whatsoever of a manufactured home, the title to which is
registered under the laws of and in a state other than the state of
Colorado, such dealer shall not be required to procure a Colorado
certificate of title therefor so long as such home remains in the dealer's
inventory for sale and for no other purpose.
(3) Upon the sale by a dealer of a
manufactured home, the certificate of title to which was issued in a state
other than Colorado, the dealer shall immediately deliver to the purchaser
or transferee such certificate of title from a state other than Colorado
duly and properly endorsed or assigned to the purchaser or transferee,
together with the dealer's statement, which shall contain or be accompanied
by a written declaration that it is made under the penalties of perjury in
the second degree, as defined in section 18-8-503, C.R.S., and which shall
set forth the following:
(a) That such dealer has warranted and, by
the execution of such affidavit, does warrant to the purchaser or transferee
and all persons claiming or who shall claim under, by, or through the named
purchaser or transferee that, at the time of the sale, transfer, and
delivery thereof by the dealer, the manufactured home therein described was
free and clear of all liens and mortgages, except those which might
otherwise appear therein;
(b) That the home therein described is not
stolen; and
(c) That such dealer had good, sure, and
adequate title thereto and full right and authority to sell and transfer the
same.
(4) If the purchaser or transferee of the
said manufactured home accompanies his application for a Colorado
certificate of title to such home with the affidavit required by subsection
(3) of this section and the duly endorsed or assigned certificate of title
from a state other than Colorado, a Colorado certificate of title therefor
may issue in the same manner as upon the sale or transfer of a manufactured
home for which a Colorado certificate of title has been issued. Upon the
issuance by the director of such certificate of title, he shall dispose of
the same as provided in section 38-29-111.
(5) Each dealer, on or before the fifteenth
day of each month, on a form to be provided therefor, shall prepare,
subscribe, and send to the auto theft division of the Colorado state patrol
a complete description of each manufactured home held by such dealer during
the preceding calendar month, or any part thereof, the certificate of title
to which was issued by a state other than the state of Colorado or which
home was registered under the laws of a state other than the state of
Colorado and for which no application for a Colorado certificate of title
has been made as provided in this section.
(6) If any person acquires the ownership in
a manufactured home for which a certificate of title has been issued under
the laws of a state other than the state of Colorado and such home is
transported to a site where it is permanently affixed to the ground so that
it is no longer capable of being drawn over the public highways, such person
shall not be required to procure a new certificate of title as is otherwise
required by this article. The owner shall file a certificate of permanent
location along with the certificate of title or the manufacturer's
certificate or statement of origin or its equivalent with the clerk and
recorder for the county or city and county in which the manufactured home is
permanently affixed to the ground. The manufactured home shall become real
property upon the filing and recording of such documents in accordance with
section 38-29-202. The provisions of articles 30 to 44 of this title and of
any other law of this state shall be applicable to manufactured homes that
have become real property pursuant to this subsection (6) and to instruments
creating, disposing of, or otherwise affecting such real property wherever
such provisions would be applicable to estates, rights, and interests in
land or to instruments creating, disposing of, or otherwise affecting
estates, rights, and interests in land.
38-29-118. Surrender and cancellation of certificate - purge of certificate
- penalty for violation.
(1) The owner of any manufactured home for which a Colorado certificate of title has been issued, upon the destruction or dismantling of said manufactured home or upon its being sold or otherwise disposed of as salvage, shall surrender the owner's certificate of title thereto to the director with the request that such certificate of title be cancelled and shall submit a certificate of destruction as set forth in section 38-29-204, and such certificate of title may thereupon be cancelled. Any person who violates any of the provisions of this subsection (1) commits a petty offense and, upon conviction thereof, shall be punished as provided in section 18-1.3-503.
(2) The owner of any manufactured home for
which a Colorado certificate of title has been issued, upon its being
permanently affixed to the ground so that it is no longer capable of being
drawn over the public highways, shall surrender his or her certificate of
title thereto and file with the authorized agent of the county or city and
county in which such manufactured home is located a request for purging of
the manufactured home title and a certificate of permanent location. The
manufactured home shall become real property upon the filing and recording
of the certificate of permanent location in accordance with section
38-29-202. The provisions of articles 30 to 44 of this title and of any
other law of this state shall be applicable to manufactured homes that have
become real property pursuant to this subsection (2) and to instruments
creating, disposing of, or otherwise affecting such real property wherever
such provisions would be applicable to estates, rights, and interests in
land or to instruments creating, disposing of, or otherwise affecting
estates, rights, and interests in land. The manufactured home for which a
Colorado certificate of title has been issued shall continue to be valued
and taxed separately from the land on which it sits until such time that the
manufactured home becomes real property pursuant to this subsection (2).
38-29-119. Furnishing bond for certificates.
(1) In cases where the applicant for a
certificate of title to a manufactured home is unable to provide the
director or the director's authorized agent with a certificate of title
thereto, duly transferred to such applicant, a bill of sale therefor, or
other evidence of the ownership thereof that satisfies the director of the
right of the applicant to have a certificate of title issued to him or her,
as provided in section 38-29-110, a certificate of title for such home may,
nevertheless, be issued by the director upon the applicant therefor
furnishing the director with his or her statement, in such form as the
director may prescribe. There shall appear a recital of the facts and
circumstances by which the applicant acquired the ownership and possession
of such home, the source of the title thereto, and such other information as
the director may require to enable him or her to determine what liens and
encumbrances are outstanding against such manufactured home, if any, the
date thereof, the amount secured thereby, where said liens or encumbrances
are of public record, if they are of public record, and the right of the
applicant to have a certificate of title issued to him or her. In situations
involving an abandoned manufactured home located on an applicant's real
property, a copy of an order or judgment for possession obtained through a
civil eviction proceeding, along with proof of efforts to notify, via
certified mail, regular mail, and posting as otherwise required by law, the
prior owner of the potential removal or transfer of title of the home, as
well as proof of ownership of the real property on which the home is
located, shall constitute sufficient evidence of the applicant's right to a
certificate of title for the home. The statement shall contain or be
accompanied by a written declaration that it is made under the penalties of
perjury in the second degree, as defined in section 18-8-503, C.R.S., and
shall accompany the formal application for the certificate as required in
section 38-29-107.
(2) (a) If, from the affidavit of the
applicant and such other evidence as may be submitted to him or her, the
director finds that the applicant is the same person to whom a certificate
of title for said home has previously been issued or that a certificate of
title should be issued to the applicant, such certificate may be issued, in
which event disposition thereof shall be made as in other cases. Except as
provided by paragraph (b) of this subsection (2), no certificate of title
shall be issued as provided in this section unless and until the applicant
furnishes evidence of a savings account, deposit, or certificate of deposit
meeting the requirements of section 11-35-101, C.R.S., or a good and
sufficient bond with a corporate surety, to the people of the state of
Colorado, in an amount equal to twice the actual value of the manufactured
home according to the assessor's records, as of the time application for the
certificate is made, conditioned that the applicant and his or her surety
shall hold harmless any person who suffers any loss or damage by reason of
the issuance thereof.
(b) An applicant shall not be required to
furnish surety pursuant to this subsection (2) for a manufactured home that
is twenty-five years old or older, if the applicant:
(I) Provides proof that no property taxes
for previous years are due for the manufactured home;
(II) Has had a manufactured home
identification inspection performed on the manufactured home; and
(III) Presents the information required in
subsection (1) of this section with the title application, accompanied by
the written declaration set forth therein.
(c) If any person suffers any loss or damage
by reason of the issuance of the certificate of title as provided in this
section, such person shall have a right of action against the applicant and,
if applicable, the surety on his or her bond. The person who has suffered a
loss or damage may proceed against the applicant, the surety, or against
both the applicant and the surety.
38-29-120. Where to apply for certificate of title.
Except as may be otherwise provided by rule
of the director, it is unlawful for any person who is a resident of the
state to procure a certificate of title to a manufactured home in any county
of this state other than the county in which such home is to be used as a
residence. Any person who violates any of the provisions of this section or
any rule of the director relating thereto, made pursuant to the authority
conferred upon the director in this article 29, commits a class 2 misdemeanor.
38-29-121. Altering or using altered certificate.
Any person who alters or forges or causes to
be altered or forged any certificate of title issued by the director
pursuant to the provisions of this article, or any written transfer thereof,
or any other notation placed thereon by the director or under his or her
authority respecting the mortgaging of the manufactured home therein
described or who uses or attempts to use any such certificate for the
transfer thereof, knowing the same to have been altered or forged, commits a
class 6 felony and shall be punished as provided in section 18-1.3-401,
C.R.S.
38-29-122. Substitute manufactured home identification numbers - inspection.
(1) Any person required to make an
application for a certificate of title to a manufactured home shall use the
identification number placed upon the home by the manufacturer thereof or an
identification number assigned to the home by the department. The
certificate of title issued by the department shall use the identification
number assigned to the manufactured home.
(2) On and after February 25, 1954, the
identification number provided for in this section shall be accepted in lieu
of any serial number provided for by law prior to said date.
(3) (a) The department may designate a
manufactured home identification inspector to physically inspect a
manufactured home in order to verify the following information: The
identification number, the make of the manufactured home, the year of
manufacture of the manufactured home, and such other information as may be
required by the department. A manufactured home identification inspector may
charge a fee for the inspection; except that such fee shall not exceed the
reasonable costs related to the inspection. A manufactured home
identification inspector shall notify the owner of the amount of the fee
before commencing any verification activities. If the manufactured home
identification inspector determines that the manufactured home
identification number has been removed, changed, altered, or obliterated,
the owner shall request that the department assign a distinguishing number
to the manufactured home pursuant to section 38-29-123.
(b) The department may designate one or more
of the following persons to be a manufactured home identification inspector
charged with the functions set forth in paragraph (a) of this subsection
(3):
(I) An authorized agent as defined in
section 38-29-102 (1) or a person designated by such agent;
(II) A Colorado law enforcement officer;
(III) A person registered to sell
manufactured homes pursuant to section 24-32-3323, C.R.S.; or
(IV) A county assessor.
38-29-123. Assignment of a special manufactured home identification number
by the department of revenue.
The department is authorized to assign a
distinguishing number to any manufactured home whenever there is no
identifying number thereon or such number has been destroyed, obliterated,
or mutilated. In such cases, the department shall provide a form on which
the distinguishing number has been assigned to the manufactured home. The
distinguishing number shall be affixed to the manufactured home in the door
frame or fuse box or as determined by the department. The distinguishing
number shall then be the manufactured home identification number. Such
manufactured home shall be titled under such distinguishing number in lieu
of the former number or absence thereof, or in the event that the
manufactured home is affixed to the ground so that it is no longer capable
of being drawn over the public highways, the owner shall file the form
provided by the department on which the distinguishing number has been
assigned with the clerk and recorder for the county or city and county in
which the manufactured home is located. The clerk and recorder shall file
and record such form in his or her office.
38-29-124. Amended certificate to issue, when.
If the owner of any manufactured home for
which a Colorado certificate of title has been issued replaces any part of
said home on which appears the identification number or symbol described in
the certificate of title and by which said home is known and identified, by
reason whereof such identification number or symbol no longer appears
thereon, or incorporates the part containing the identification number or
symbol into a manufactured home other than the one for which the original
certificate of title was issued, immediately thereafter, such owner shall
make application to the director or one of his authorized agents for an
assigned identification number and an amended certificate of title to such
manufactured home.
38-29-125. Security interests upon manufactured homes.
(1) Except as provided in this section, the
provisions of the "Uniform Commercial Code", title 4, C.R.S., relating to
the filing, recording, releasing, renewal, and extension of mortgages, as
the term is defined in section 38-29-102 (9), shall not be applicable to
manufactured homes. Any mortgage intended by the parties thereto to encumber
or create a lien on a manufactured home, to be effective as a valid lien
against the rights of third persons, purchasers for value without notice,
mortgagees, or creditors of the owner, shall be filed for public record and
the fact thereof noted on the owner's certificate of title or bill of sale
substantially in the manner provided in section 38-29-128; and the filing of
such mortgage with the authorized agent and the notation by him of that fact
on the certificate of title or bill of sale substantially in the manner
provided in section 38-29-128 shall constitute notice to the world of each
and every right of the person secured by such mortgage.
(2) The provisions of this section and
section 38-29-128 shall not apply to any mortgage or security interest upon
any manufactured home held for sale or lease which constitutes inventory as
defined in section 4-9-102, C.R.S. As to such mortgages or security
interests, the provisions of article 9 of title 4, C.R.S., shall apply, and
perfection of such mortgages or security interests shall be made pursuant
thereto, and the rights of the parties shall be governed and determined
thereby.
38-29-126. Existing mortgages not affected.
Nothing in this article shall be construed
to impair the rights of the holder of any lien on a manufactured home
created by mortgage or otherwise prior to August 1, 1949, which remains
unreleased and the undertaking which the lien thereof secures remains
undischarged. Nothing in this article shall be construed to relieve the
holders of such liens of the duty to file such instruments respecting the
undertakings secured thereby as may be required by law to preserve the liens
of such mortgages unimpaired.
38-29-127. Foreign mortgages.
No mortgage on a manufactured home, filed
for record in any state other than the state of Colorado, shall be valid and
enforceable against the rights of subsequent purchasers for value,
creditors, or mortgagees having no actual notice of the existence thereof.
If the certificate of title for such home, whether issued under the laws of
this state or any other state, bears thereon any notation adequate to
apprise a purchaser, creditor, or mortgagee of the existence of such
mortgage at the time any third party acquires a right in the manufactured
home covered thereby, such mortgage and the rights of the holder thereof
shall be enforceable in this state the same and with like effect as though
such mortgage were filed in the state of Colorado and noted on the
certificate of title in the manner prescribed in section 38-29-128.
38-29-128. Filing of mortgage.
The holder of any mortgage on a manufactured
home desiring to secure to himself the rights provided for in this article
and to have the existence of the mortgage and the fact of the filing thereof
for public record noted on the certificate of title to the manufactured home
thereby encumbered shall present said mortgage or a duly executed copy or
certified copy thereof and the certificate of title to the manufactured home
encumbered to the authorized agent of the director in the county or city and
county in which the manufactured home is located. Upon the receipt of said
mortgage or executed copy or certified copy thereof and certificate of
title, the authorized agent, if he is satisfied that the manufactured home
described in the mortgage is the same as that described in the certificate
of title, shall make and subscribe a certificate to be attached or stamped
on the mortgage and on the certificate of title, in which shall appear the
day and hour on which said mortgage was received for filing, the name and
address of the mortgagee therein named and the name and address of the
holder of such mortgage, if such person is other than the mortgagee named,
the amount secured thereby, the date thereof, the day and year on which said
mortgage was filed for public record, and such other information regarding
the filing thereof in the office of the authorized agent as may be required
by the director by rule, to which certificate the authorized agent shall
affix his signature and the seal of his office.
38-29-129. Disposition of mortgages by agent.
(1) The authorized agent upon receipt of the
mortgage shall file the same in his office separately and apart from records
affecting real property and personal property, other than manufactured
homes, which he may by law be required to keep. Such mortgage shall be
appropriately indexed and cross-indexed:
(a) Under one or more of the following
headings in accordance with such rules and regulations relating thereto as
may be adopted by the director:
(I) Manufacturer, manufacturer's number, or
serial number of manufactured homes mortgaged;
(II) The numbers of the certificates of
title for manufactured homes mortgaged;
(b) Under the name of the mortgagee, the
holder of such mortgage, or the owner of such mortgaged home; or
(c) Under such other system as the director
may devise and determine to be necessary for the efficient administration of
this article.
(2) All records of mortgages affecting
manufactured homes shall be public and may be inspected and copies thereof
made, as is provided by law respecting public records affecting real
property.
38-29-130. Disposition after mortgaging.
Within forty-eight hours after a mortgage on
a manufactured home has been filed in his office, the authorized agent shall
mail to the director the certificate of title or bill of sale on which he
has affixed his certificate respecting the filing of such mortgage. Upon the
receipt thereof, the director shall note, on records to be kept and
maintained by him in his office, the fact of the existence of the mortgage
on such manufactured home and other information respecting the date thereof,
the date of filing, the amount secured by the lien thereof, the name and
address of the mortgagee and of the holder of the mortgage, if such person
is other than the mortgagee, and such other information relating thereto as
appears in the certificate of the authorized agent affixed to the
certificate of title or bill of sale. The director shall thereupon issue a
new certificate of title containing, in addition to the other matters and
things required to be set forth in certificates of title, a description of
the mortgage and all information respecting said mortgage and the filing
thereof as may appear in the certificate of the authorized agent, and he
shall thereafter dispose of said new certificate of title containing said
notation as provided in section 38-29-111.
38-29-131. Release of mortgages.
(1) Upon the payment or discharge of the
undertaking secured by any mortgage on a manufactured home that has been
filed for record and noted on the certificate of title in the manner
prescribed in section 38-29-128, the legal holder of the certificate of
title, in a place to be provided therefor, shall make and execute such
notation of the discharge of the obligation and release of the mortgage
securing the same and set forth therein such facts concerning the right of
the holder to so release said mortgage as the director may require by
appropriate rule, which satisfaction and release shall be affirmed by a
statement signed by the legal holder of the certificate of title and shall
contain or be accompanied by a written declaration that it is made under the
penalties of perjury in the second degree, as defined in section 18-8-503,
C.R.S. Thereupon, except as otherwise provided in section 38-29-112 (1.7),
the holder of the mortgage so released shall dispose of the certificate of
title as follows:
(a) If it appears from an examination of the
certificate of title that the manufactured home therein described is subject
to an outstanding junior mortgage or mortgages filed for record subsequent
to August 1, 1949, the holder shall deliver the certificate of title to the
person so shown to be the holder of the mortgage which was filed earliest in
point of time after the filing of the mortgage released or to the person or
agent of the person shown to be the assignee or other legal holder of the
undertaking secured thereby or shall mail the same to such mortgagee or
holder thereof at his address as the same thereon appears. If such
certificate is returned unclaimed, it shall thereupon be mailed to the
director.
(b) If it appears from an examination of the
certificate of title that there are no other outstanding mortgages against
the manufactured home therein described, filed for record subsequent to
August 1, 1949, upon the release of such mortgage as provided in this
section, the holder thereof shall deliver the certificate of title to the
owner of the home therein described or shall mail the same to him at his
address as the same may therein appear. If for any reason said certificate
of title is not delivered to the owner of the home therein described or is
returned unclaimed upon the mailing thereof, it shall thereupon be mailed to
the director.
38-29-132. New certificate upon release of mortgage.
Upon the release of any mortgage on a
manufactured home, filed for record in the manner prescribed in section
38-29-128, the owner of the home encumbered by such mortgage, the purchaser
from or transferee of the owner thereof as appears on the certificate of
title, or the holder of any mortgage the lien of which was junior to the
lien of the mortgage released, whichever the case may be, upon the receipt
of the certificate of title, as provided in section 38-29-131, shall deliver
the same to the authorized agent who shall transmit the same to the director
as in other cases. Upon the receipt by the director of the certificate of
title bearing thereon the release and satisfaction of mortgage referred to
in section 38-29-131, he shall make such notation on the records in his
office as shall show the release of the lien of such mortgage, shall issue a
new certificate of title to the manufactured home therein described,
omitting therefrom all reference to the mortgage so released, and shall
dispose of the new certificate of title in the manner prescribed in other
cases.
38-29-133. Duration of lien of mortgage - extensions.
(1) The duration of the lien of any mortgage
on a manufactured home shall be for the full term of the mortgage, but the
lien of the mortgage may be extended beyond the original term thereof for
successive three-year periods during the term of the mortgage or any
extension thereof upon the holder thereof presenting the certificate of
title, on which the existence of the mortgage has been noted, to the
authorized agent of the county wherein said mortgage is filed, together with
a notarized written request for an extension of the mortgage or a written
request that is made under the penalties of perjury in the second degree, as
defined in section 18-8-503, C.R.S., in which shall appear a description of
the undertaking secured, to what extent it has been discharged or remains
unperformed, and such other and further information respecting the same as
may be required by appropriate rule of the director to enable him or her to
properly record such extension upon the director's records.
(2) Upon receipt of a mortgage extension,
the authorized agent shall make and complete a record of the extension and
shall issue a new certificate of title on which the extension of the
mortgage is noted. Thereafter the newly issued certificate of title shall be
returned to the person shown thereon to be entitled thereto, the same as in
other cases. If a mortgage noted on the certificate of title has not been
released or extended after its maturity date, the owner of the manufactured
home described in the certificate of title may request that any references
to the mortgages shown on the records of the authorized agent be removed,
and upon the request, the authorized agent shall remove such references.
38-29-134. Priority of mortgages.
The liens of mortgages filed for record and
noted on a certificate of title to a manufactured home, as provided in
sections 38-29-128 and 38-29-135, shall take priority in the same order that
the mortgages creating such liens were filed in the office of the authorized
agent.
38-29-135. Second or other junior mortgages.
(1) On and after July 1, 1977, any person
who takes a second or other junior mortgage on a manufactured home for which
a Colorado certificate of title has been issued may file said mortgage for
public record and have the existence thereof noted on the certificate of
title with like effect as in other cases, in the manner prescribed in this
section.
(2) Such second or junior mortgagee or the
holder thereof shall file said mortgage with the authorized agent of the
county wherein the manufactured home is located and shall accompany said
mortgage with a written request to have the existence thereof noted on the
certificate of title to the manufactured home covered thereby, subscribed by
such mortgagee or holder, in which shall appear the names and addresses of
the holders of all outstanding mortgages against the home described in said
second or junior mortgage and the name and address of the person in
possession of the certificate of title thereto. Upon the filing of such
mortgage, the authorized agent shall note thereon the day and hour on which
such mortgage was received by him and shall make and deliver a receipt
therefor to the person filing the same.
(3) The authorized agent, by registered
mail, return receipt requested, shall make a written demand on the holder of
the certificate of title, addressed to such person at his address as the
same may appear in said written request, that such certificate be delivered
to the authorized agent for the purpose of having noted thereon such second
or junior mortgage. Within fifteen days after the receipt of such demand,
the person holding such certificate shall either mail or deliver the same to
such authorized agent or, if he no longer has possession thereof, shall so
notify the agent and, if he knows, shall likewise inform him where and from
whom such certificate may be procured. Upon the receipt of such certificate,
the authorized agent shall complete his application for a new title and
record the number thereof on the mortgage, as in the case of a first
mortgage, and shall thereafter transmit the current certificate of title and
application for a new certificate of title to the director. Upon the receipt
thereof, the director, as in the case of a first mortgage, shall thereupon
issue a new certificate of title on which the existence of all mortgages on
the manufactured home, including such second or junior mortgage, have been
noted, which certificate he shall dispose of as in other cases.
(4) If any person lawfully in possession of
a certificate of title to any manufactured home upon whom demand is made for
the delivery thereof to the authorized agent omits, for any reason
whatsoever, to deliver or mail the same to the authorized agent, such person
shall be liable to the holder of such second or junior mortgage for all
damage sustained by reason of such omission.
38-29-136. Validity of mortgage between parties.
Nothing in this article shall be construed
to impair the validity of a mortgage on a manufactured home between the
parties thereto as long as no purchaser for value, mortgagee, or creditor
without actual notice of the existence thereof has acquired an interest in
the manufactured home described therein, notwithstanding that the parties to
said mortgage have failed to comply with the provisions of this article.
38-29-137. Mechanics', warehouse, and other liens.
Nothing in this article shall be construed
to impair the rights of lien claimants arising under any mechanics' lien law
in force and effect in this state or the lien of any warehouseman or any
other person claimed for repairs on or storage of any manufactured home,
when a mechanic's lien or storage lien has originated prior to the time any
mortgage on said manufactured home has been filed for record, as provided in
section 38-29-125, and such manufactured home has remained continuously in
the possession of the person claiming such mechanic's lien or lien for
storage, notwithstanding that no notation of such lien is made upon the
certificate of title to the home in respect of which it is claimed.
38-29-138. Fees.
(1) (a) Upon filing with the authorized
agent any application for a certificate of title, the applicant shall pay to
the agent a fee of seven dollars and twenty cents, which shall be disposed
pursuant to section 42-6-138, C.R.S.
(b) Repealed.
(2) Upon the receipt by the authorized agent
of any mortgage for filing under the provisions of section 38-29-128, the
agent shall be paid such fees as are prescribed by law for the filing of
like instruments in the office of the county clerk and recorder in the
county or city and county in which such mortgage is filed and shall receive,
in addition, a fee of seven dollars and twenty cents for the issuance or
recording of the certificate of title and the notation of the existence of
said mortgage.
(3) Upon application to the authorized agent
to have noted on a certificate of title the extension of any mortgage
therein described and noted thereon, such authorized agent shall receive a
fee of one dollar and fifty cents.
(4) Upon the release and satisfaction of any
mortgage and upon application to the authorized agent for the notation
thereof on the certificate of title in the manner prescribed in section
38-29-131, such authorized agent shall be paid a fee of seven dollars and
twenty cents, which shall be disposed pursuant to section 42-6-138, C.R.S.
(5) For the issuance of any duplicate
certificate of title, except as may be otherwise provided in this article,
the agent shall be paid a fee of eight dollars and twenty cents, and, in all
cases in which the department assigns a new identifying number to any
manufactured home, the fee charged for such assignment shall be three
dollars and fifty cents.
(6) The fees provided for in subsections (1)
and (2) of this section shall not apply to the issuance of a certificate of
title for a tax-deferred mobile home pursuant to the provisions of section
39-3.5-105 (1) (b) (II), C.R.S.
38-29-139. Disposition of fees.
(1) All fees received by the authorized
agent under the provisions of section 38-29-138 (1) and (2), upon
application being made for a certificate of title, shall be disposed of
pursuant to section 42-6-138 (1), C.R.S.
(2) All fees collected by the authorized
agent under the provisions of section 38-29-138 (5) shall be disposed of
pursuant to section 42-6-138 (2), C.R.S.
(3) All fees paid to the authorized agent
under section 38-29-138 (3) for the filing or extension of any mortgage on a
manufactured home filed in his or her office shall be kept and retained by
said agent to defray the cost thereof and shall be disposed of by him or her
as provided by law; except that fees for this service that may be paid to
the authorized agent in the city and county of Denver shall, by such agent,
be disposed of in the same manner as fees retained by him or her that were
paid upon application being made for a certificate of title.
38-29-140. Director's records to be public.
All records in the director's office
pertaining to the title to any manufactured home shall be public records and
shall be subject to the provisions of section 42-1-206, C.R.S. This shall
include any records regarding ownership of and mortgages on any manufactured
home for which a Colorado certificate of title has been issued.
38-29-141. Penalties.
(1) No person may:
(a) Sell, transfer, or in any manner dispose
of a manufactured home in this state without complying with the requirements
of this article.
(b) (Deleted by amendment, L. 89, p. 1573, §
8, effective January 1, 1990.)
(2) Any person who violates any of the provisions of subsection (1) of this section for which no other penalty is expressly provided commits a class 2 misdemeanor.
38-29-141.5. False oath.
Any person who makes any application for a
certificate of title, written transfer thereof, satisfaction and release,
oath, affirmation, affidavit, statement, report, or deposition required to
be made or taken under any of the provisions of this article and who, upon
such application, transfer, satisfaction and release, oath, affirmation,
affidavit, statement, report, or deposition, swears or affirms willfully and
falsely in a matter material to any issue, point, or subject matter in
question, in addition to any other penalties provided in this article, is
guilty of perjury in the second degree, as defined in section 18-8-503,
C.R.S.
38-29-142. Repossession of manufactured home - owner must notify law
enforcement agency - penalty.
(1) If any mortgagee or his assignee or the
agent of either repossesses a manufactured home because of default in the
terms of a mortgage, the mortgagee or his assignee shall notify, either
verbally or in writing, a law enforcement agency, as provided in this
section, of the fact of such repossession, the name of the owner, and the
name of the mortgagee or assignee. Such notification shall be made not later
than twelve hours after the repossession occurs. If such repossession takes
place in an incorporated city or town, the notification shall be made to the
police department, town marshal, or other local law enforcement agency of
such city or town, and, if such repossession takes place in the
unincorporated area of a county, the notification shall be made to the
county sheriff.
(2) Any mortgagee of a manufactured home or
his assignee who violates the provisions of this section is guilty of a
misdemeanor and, upon conviction thereof, shall be punished by a fine of not
less than fifty dollars nor more than one hundred dollars.
38-29-143. Change of location - penalty.
(1) The owner shall file notice of any
change of location within the county with the county assessor and the county
treasurer or change of location from one county to another county with the
county assessor and the county treasurer of each county within twenty days
after such change of location occurs. For the purposes of this subsection
(1), "owner" shall mean the owner at the time of the change of location.
(2) Any person who fails to file notice of
any change of location as required by subsection (1) of this section is
guilty of a misdemeanor traffic offense and, upon conviction thereof, shall
be punished by a fine of not less than one hundred dollars nor more than one
thousand dollars. This shall be a strict liability offense.
38-29-201. Verification of application form - supporting materials.
(1) In all instances under part 1 of this
article in which an application for a certificate of title is filed with an
authorized agent pursuant to section 38-29-107, the authorized agent, in his
or her capacity as the clerk and recorder, shall file and record the
documents set forth in subsection (2) of this section in his or her office.
(2) (a) For an application for a certificate
of title for a new manufactured home, the following documents shall be filed
and recorded:
(I) The manufacturer's certificate or
statement of origin or its equivalent; and
(II) (Deleted by amendment, L. 2009, (SB
09-040), ch. 9, p. 67, § 8, effective July 1, 2009.)
(III) The verification of application form.
(b) For an application for a certificate of
title for which a bond is furnished pursuant to section 38-29-119 (2), the
following documents shall be filed and recorded:
(I) A copy of the written declaration
required pursuant to section 38-29-119 (1);
(II) A copy of the bond that was furnished;
and
(III) The verification of application form.
(c) For all other applications for a
certificate of title, the following documents shall be filed and recorded:
(I) A copy of the certificate of title
presented to the authorized agent, if any; and
(II) The verification of application form.
(3) A verification of application form shall
comply with the federal "Driver's Privacy Protection Act of 1994", 18 U.S.C.
sec. 2721 et seq.
38-29-202. Certificate of permanent location.
(1) (a) If a manufactured home is
permanently affixed to the ground so that it is no longer capable of being
drawn over the public highways on or after July 1, 2008, the owner of the
manufactured home shall file a certificate of permanent location.
(b) If the certificate of permanent location
accompanies an application for purging a manufactured home title pursuant to
section 38-29-112 (1.5) or 38-29-118 (2), the certificate shall be filed
with the authorized agent for the county or city and county in which the
manufactured home is located. For a manufactured home that occupies real
property subject to a long-term lease that has an express term of at least
ten years, a copy of the lease shall be filed along with the certificate.
The authorized agent, in his or her capacity as the clerk and recorder,
shall file and record the certificate of permanent location and, if
applicable, the copy of the long-term lease in his or her office.
(c) If the certificate of permanent location
is received in accordance with section 38-29-114 (2) or 38-29-117 (6), the
certificate shall be filed with the clerk and recorder for the county or
city and county in which the manufactured home is located. For a
manufactured home that occupies real property subject to a long-term lease
that has an express term of at least ten years, a copy of the lease shall be
filed along with the certificate. The clerk and recorder shall file and
record the certificate of permanent location, a copy of the bill of sale, a
copy of the manufacturer's certificate or statement of origin or its
equivalent, and, if applicable, the copy of the long-term lease in his or
her office and destroy the original manufacturer's certificate or statement
of origin or its equivalent.
(d) At least one of the owners of the
manufactured home, as reflected on the certificate of title, the bill of
sale, or the manufacturer's certificate or statement of origin or its
equivalent, must be an owner of record of the real property to which the
manufactured home is to be affixed or permanently located; except that this
paragraph (d) shall not apply to any manufactured home that occupies real
property subject to a long-term lease that has an express term of at least
ten years.
(2) The property tax administrator shall
establish the form of the certificate of permanent location. In addition to
any other information that the administrator may require, the certificate
shall include the following:
(a) The name and mailing address of the
owner of the manufactured home;
(b) The name and mailing address of any
holder of a mortgage on the manufactured home or on the real property to
which the home has been affixed;
(c) The identification number of the
manufactured home and the certificate of title number, if applicable;
(d) The manufacturer or make and year of the
manufactured home;
(e) Attached to the certificate of permanent
location, a certificate of taxes due, or an authentication of paid ad
valorem taxes, issued by the county treasurer of the county in which the
manufactured home is located;
(f) The legal description of the real
property to which the manufactured home has been permanently affixed;
(g) The name of the legal owner or owners of
the land upon which the home is affixed;
(h) The county or city and county in which
the certificate of permanent location is filed;
(i) Verification that the manufactured home
is permanently affixed to the ground so that it is no longer capable of
being drawn over the public highways in accordance with any applicable
county or city and county codes or requirements;
(j) Consent to the permanent location of the
manufactured home by all holders of a security interest in the manufactured
home;
(k) An affirmative statement of
relinquishment and release of all rights in the manufactured home by all
holders of a security interest in the manufactured home;
(l) An affirmative statement of
relinquishment of all rights in the manufactured home by any owner on the
certificate of title of the manufactured home who is not also an owner of
the real property to which the manufactured home is to be affixed or
permanently located. The provisions of this paragraph (l) shall not apply to
any manufactured home that occupies real property subject to a long-term
lease that has an express term of at least ten years.
(l.5) For any manufactured home that
occupies real property subject to a long-term lease that has an express term
of at least ten years, an affirmative statement that all owners of the real
property and the manufactured home consent to the affixation of the
manufactured home to the real property and an acknowledgment that, upon such
affixation and upon the filing and recording of the certificate of permanent
location, the manufactured home will become a part of the real property,
subject to the reversion of the manufactured home to the owners of the home
upon termination of the long-term lease; and
(m) An affirmative statement that all owners
of the real property and the manufactured home consent to the affixation of
the manufactured home to the real property and an acknowledgment that upon
such affixation and upon the filing and recording of the certificate of
permanent location the manufactured home will become a part of the real
property and ownership shall be vested only in the title owners of the real
property. Ownership in the manufactured home shall vest in the same parties
and be subject to the same tenancies, encumbrances, liens, limitations,
restrictions, and estates as the real property to which the manufactured
home is affixed or permanently located. The provisions of this paragraph (m)
shall not apply to any manufactured home that occupies real property subject
to a long-term lease that has an express term of at least ten years.
(3) The certificate of permanent location
shall be acknowledged and shall contain or be accompanied by a written
declaration that the statements made therein are made under the penalties of
perjury in the second degree, as defined in section 18-8-503, C.R.S.
38-29-203. Certificate of removal.
(1) (a) On or after July 1, 2008, a
manufactured home shall not be removed from its permanent location unless
the owner of the manufactured home files a certificate of removal. If a
certificate of permanent location has not been previously filed and recorded
for the manufactured home, the owner shall also file an affidavit of real
property, described in section 38-29-208, along with the certificate of
removal.
(b) The certificate of removal and the
affidavit of real property, if any, along with the application for a new
certificate of title required in part 1 of this article, shall be filed with
the authorized agent for the county or city and county in which the
manufactured home is located. The authorized agent, in his or her capacity
as the clerk and recorder, shall file and record the certificate of removal
and the affidavit of real property in his or her office.
(2) The property tax administrator shall
establish the form of the certificate of removal. In addition to any other
information that the administrator may require, the certificate shall
include the following:
(a) The name and mailing address of the
owner of the manufactured home;
(b) The name and mailing address of any
holder of a mortgage on or lien against the real property on which the
manufactured home was affixed or permanently located;
(c) The identification number of the
manufactured home;
(d) The manufacturer or make and year of the
manufactured home;
(e) Attached to the certificate of removal,
a certificate of taxes due, or an authentication of paid ad valorem taxes,
issued by the county treasurer of the county in which the manufactured home
is located;
(f) The legal description of the real
property from which the manufactured home was removed; and
(g) Consent of all lienholders and a release
by all holders of a mortgage, only to the extent that the mortgage or lien
applies to the manufactured home, to allow the removal of the manufactured
home from its permanent location.
(2.5) (a) The provisions of this section
shall apply to a manufactured home that occupies real property subject to a
long-term lease that has an express term of at least ten years, except as
set forth in paragraph (b) of this subsection (2.5).
(b) A landlord evicting a tenant who owns a
manufactured home that occupies real property subject to a long-term lease
that has an express term of at least ten years may cause the home to be
removed from its permanent location without the owner first filing a
certificate of removal if, within twenty days after such removal, the
landlord files a certificate of removal accompanied by a copy of the notice
of judgment or order for possession allowing the eviction of the home and
the address of the location to which the home has been moved. Such
certificate of removal shall comply with subsection (5) of this section and
include the information required in subsection (2) of this section; except
that paragraphs (e) and (g) of said subsection (2) shall not apply. The
landlord shall file the certificate of removal and the additional
information with the authorized agent for the county or city and county from
which the manufactured home was removed.
(3) The consent of a mortgage or other lien
holder on the certificate of removal shall serve as a full release of any
interest against the manufactured home once the manufactured home is removed
from the real property. The consent on the certificate of removal shall not
release any interest of the mortgage or lien holder against the remaining
real property.
(4) If consent of any mortgagee or lien
holder is not given, the owner may file a corporate surety bond or any other
undertaking with the clerk of the district court of the county in which the
real property to which the manufactured home was affixed is situated. The
bond or undertaking shall be in an amount equal to one and one-half times
the amount of the mortgage or lien and shall be approved by a judge of the
district court with which the bond or undertaking is filed. The bond or
undertaking shall be conditioned that, if the mortgagee or lien holder shall
be finally adjudged to be entitled to recover upon the mortgage or lien, the
principal or his sureties shall pay to the mortgagee or lien holder the
amount of the indebtedness together with any interest, costs, and other sums
which the mortgagee or lien holder would be entitled to recover upon
foreclosure of the mortgage or lien. Upon the filing of a bond or
undertaking, the mortgage or lien against the property shall be forthwith
discharged and released in full, and the real property described in the bond
or undertaking shall be released from the mortgage or lien and from any
action brought to foreclose the mortgage or lien, and the bond or
undertaking shall be substituted. The clerk of the district court with which
the bond or undertaking has been filed shall issue a certificate of release
that shall be recorded in the office of the clerk and recorder of the county
in which the real property to which the manufactured home was affixed is
situated, and the certificate of release shall show that the property has
been released from the mortgage or lien and from any action brought to
foreclose the mortgage or lien.
(5) The certificate of removal shall be
acknowledged and shall contain or be accompanied by a written declaration
that the statements made therein are made under the penalties of perjury in
the second degree, as defined in section 18-8-503, C.R.S.
38-29-204. Certificate of destruction.
(1) (a) If a manufactured home is destroyed, dismantled, or sold or otherwise disposed of as salvage on or after July 1, 2008, the owner of the manufactured home or the person on whose real property the manufactured home is situated shall file a certificate of destruction.
(b) If the certificate of destruction
accompanies an application to cancel a certificate of title pursuant to
section 38-29-118 (1), the certificate shall be filed with the authorized
agent for the county or city and county in which the manufactured home is or
was located. The authorized agent, in his or her capacity as the clerk and
recorder, shall file and record the certificate of destruction in his or her
office.
(c) If an application to cancel a
certificate of title is not required pursuant to section 38-29-118 (1)
because no certificate of title was ever issued or because the title has
been purged, the certificate of destruction shall be filed with the county
clerk and recorder for the county or city and county in which the
manufactured home is or was located. The clerk and recorder shall file and
record the certificate of destruction in his or her office.
(III) For purposes of
this paragraph (d):
(A) "Evidence of violation"
means a notice and order from a governmental entity that a manufactured
home has been deemed materially dangerous or materially hazardous
pursuant to local building or health codes and that all applicable cure
periods have expired.
(B) "Governmental
entity" means any federal agency, the state, or any county, town, city,
or city and county.
(2) The property tax administrator shall
establish the form of the certificate of destruction. In addition to any
other information that the administrator may require, the certificate shall
include the following:
(a) The name and mailing address of the
owner of the manufactured home;
(b) The name and mailing address of each
holder of a security interest in the manufactured home and all holders of a
lien against the real property on which the manufactured home was affixed or
permanently located;
(c) The identification number of the
manufactured home;
(d) The manufacturer or make and year of the
manufactured home;
(e) Attached to the certificate of
destruction, a certificate of taxes due, or an authentication of paid ad
valorem taxes, issued by the county treasurer of the county in which the
manufactured home is located;
(f) The legal description of the real
property on which the manufactured home was affixed or permanently located
prior to destruction;
(g) A book and page or reception number
reference for a certificate of permanent location that was previously filed
related to the manufactured home, if any;
(h) Consent of all lienholders to the destruction of the manufactured home, or proof that a request for such consent was sent by certified mail to such lienholders, along with proof that a copy of the request for such consent was mailed to the owner if the certificate of destruction is filed by the person on whose real property the manufactured home is situated, at their last-known address and a notarized declaration, signed under penalty of perjury, that no response was received from any such lienholders within thirty days of the date of the mailing of the notice;
(i) Release of all holders of a mortgage to
the extent that the mortgage applies to the manufactured home, or proof that
a request for such consent was sent by certified mail to such mortgage
holders at their last-known address and a notarized declaration, signed
under penalty of perjury, that no response was received within thirty days
of the date of the mailing of the notice; and
(j) Verification that the manufactured home
has been destroyed, dismantled, or sold or otherwise disposed of as salvage.
(3) The certificate of destruction shall be
acknowledged and shall contain or be accompanied by a written declaration
that the statements made therein are made under the penalties of perjury in
the second degree, as defined in section 18-8-503, C.R.S.
(4) Any owner or person on whose real property the manufactured home is situated who fails to file a properly completed certificate of destruction when required pursuant to this section shall be responsible for all actual damages sustained by any affected party related to the manufactured home being destroyed, dismantled, or sold or otherwise disposed of as salvage.
38-29-205. Authorized agent - forward to the clerk and recorder.
If an authorized agent who receives a
document for filing and recording pursuant to this part 2 is not the clerk
and recorder for the county or city and county, the authorized agent shall
forward such document to the clerk and recorder, for the clerk and recorder
to file and record the document in his or her office.
38-29-206. Recorded documents - index.
Any document filed and recorded by a clerk
and recorder pursuant to this part 2 shall be indexed in both the grantor
and grantee indexes under the name of the owner or owners of the
manufactured home and the owners of the land to which the manufactured home
was affixed or permanently located at the time the document is required to
be filed and recorded.
38-29-207. Copy of certificates to assessor.
The clerk and recorder shall forward a copy
of a certificate of permanent location, certificate of removal, and
certificate of destruction to the assessor for the county or city and
county.
38-29-208. Affidavit of real property.
(1) Any person can prove that a manufactured
home and the land upon which it has been permanently affixed is real
property by filing an affidavit of real property with the clerk and recorder
for the county or city and county in which the manufactured home is located.
The clerk and recorder shall file and record the affidavit of real property
in his or her office. Except as otherwise set forth in subsection (2) of
this section, the affidavit of real property shall include the following:
(a) An acknowledged statement by all owners
that the manufactured home and real property to which the manufactured home
is permanently affixed became real property pursuant to this article;
(b) A statement from the county assessor
that the manufactured home has been valued together with the land upon which
it is affixed;
(c) A statement from the county treasurer
that taxes have been paid on the manufactured home and the land upon which
it is affixed in the same manner as other real property, as that term is
defined in section 39-1-102 (14), C.R.S.;
(d) Proof that a search of the director's
records pursuant to section 42-1-206, C.R.S., was conducted and that no
certificate of title was found for the manufactured home; and
(e) Verification that the manufactured home
is permanently affixed to the ground in accordance with any applicable
county or city and county codes or requirements so that it is no longer
capable of being drawn over the public highways.
(2) If a manufactured home occupies real
property subject to a long-term lease that has an express term of at least
ten years, then the affidavit of real property shall include the following:
(a) A copy of the applicable long-term
lease;
(b) A statement from the county treasurer
that taxes have been paid separately on the manufactured home and the land
upon which it is affixed; and
(c) The items set forth in paragraphs (a),
(d), and (e) of subsection (1) of this section.
38-29-209. Fees - disposition.
(1) In all instances in which a document is
to be filed and recorded pursuant to this part 2, the authorized agent or
clerk and recorder, as the case may be, shall be paid such fees for each
document so filed and recorded as are prescribed by law for the filing of
like instruments in the office of the county clerk and recorder.
(2) The recording fees authorized by this
section are in addition to any fees that are required pursuant to section
38-29-138.
(3) All fees paid pursuant to this section
shall be kept and retained by the authorized agent or the clerk and recorder
to defray the cost thereof and shall be disposed of by him or her as
provided by law.
42-4-510. Permits for excess size and weight and for manufactured homes - rules - repeal.
(1) (a) The department of transportation, the Colorado state patrol with respect to highways under its jurisdiction, or any local authority with respect to highways under its jurisdiction may, upon application in writing and good cause being shown therefor, issue a single trip, a special, or an annual permit in writing authorizing the applicant to operate or move a vehicle or combination of vehicles of a size or weight of vehicle or load exceeding the maximum specified in this article or otherwise not in conformity with the provisions of this article upon any highway under the jurisdiction of the party granting such permit and for the maintenance of which said party is responsible; except that permits for the movement of any manufactured home shall be issued as provided in subsection (2) of this section.
(b) (I) The application for any permit shall specifically describe the vehicle and load to be operated or moved and the particular highways for which the permit to operate is requested, and whether such permit is for a single trip, a special, or an annual operation, and the time of such movement. All state permits shall be issued in the discretion of the department of transportation, subject to rules adopted by the transportation commission in accordance with this section and section 42-4-511. All local permits shall be issued in the discretion of the local authority pursuant to ordinances or resolutions adopted in accordance with section 42-4-511. Any ordinances or resolutions of local authorities shall not conflict with this section.
(II) An overweight permit issued pursuant to this section shall be available for overweight divisible loads if:
(A) The vehicle has a quad axle grouping and the maximum gross weight of the vehicle does not exceed one hundred ten thousand pounds; or
(B) The vehicle is operated in combination with a trailer or semitrailer, two or three axles, and the maximum gross weight of the vehicle does not exceed ninety-seven thousand pounds; and
(C) The owner and operator of the motor vehicle are in compliance with the federal "Motor Carrier Safety Improvement Act of 1999", Pub.L. 106-159, as amended, as applicable to commercial vehicles; and
(D) The vehicle complies with rules promulgated by the department of transportation concerning the distribution of the load upon the vehicle's axles.
(III) A permit issued pursuant to this paragraph (b) shall not authorize the operation or movement of a motor vehicle on the interstate highway in violation of federal law.
(c) (I) A single trip or annual permit shall be issued pursuant to this section for a self-propelled fixed load crane that exceeds legal weight limits if it does not exceed the weight limits authorized by the department of transportation. A boom trailer or boom dolly shall not be permitted unless the boom trailer or boom dolly is attached to the crane in a manner and for the purpose of distributing load to meet the weight requirements established by the department. A self-propelled fixed load crane may be permitted with counterweights when a boom trailer or boom dolly is used if the counterweights do not exceed the manufacturer's rated capacity of the self-propelled fixed load crane and do not cause the vehicle to exceed permitted axle or gross weight limits. A permit issued pursuant to this paragraph (c) shall not authorize movement on interstate highways if not approved by federal law.
(II) For the purposes of this paragraph (c), "self-propelled fixed load crane" means a self-powered mobile crane designed with equipment or parts permanently attached to the body of the crane. A self-propelled fixed load crane includes, without limitation, the crane's shackles and slings.
(1.5) (a) The department of transportation may, upon application in writing or electronically made and good cause being shown therefor, issue an annual fleet permit authorizing the applicant to operate or move any two or more vehicles owned by the applicant of a size or weight of vehicle or load exceeding the maximum specified in this article or otherwise not in conformity with the provisions of this article upon any highway.
(b) The application for any annual fleet permit shall specifically describe the vehicles, loads, and estimated number of loads to be operated or moved and the particular highways for which the permit to operate is requested, as defined by rules of the department of transportation. Permits issued pursuant to this subsection (1.5) shall not authorize the operation of vehicles that exceed the maximum dimensions allowed for vehicles operating under annual permits issued pursuant to the rules of the department pertaining to transport permits for the movement of extra-legal vehicles or loads.
(c) The department shall provide the option to a company filing for a permit under this subsection (1.5) to file an express consent waiver that enables the company to designate a company representative to be a party of interest for a violation of this section. The appearance of the company representative in a court hearing without the operator when the operator has signed such waiver shall not be deemed the practice of law in violation of article 93 of title 13.
(1.7) (a) The department of transportation may issue super-load permits for:
(I) A combination vehicle with a weight of five hundred thousand pounds or more that occupies two lanes to haul the load; or
(II) An unladen combination vehicle with an expandable dual-lane transport trailer that occupies two lanes.
(b) (I) The department of transportation may place restrictions on the use of a permit. A person shall obey the restrictions contained in a permit.
(II) (A) The department of transportation may refuse to issue a permit to a person who has been held by an administrative law judge to have disobeyed permit restrictions or to have violated this section or rules promulgated under this section in a hearing held in accordance with article 4 of title 24, C.R.S.
(B) The department shall create a system that tracks the compliance of permit holders and use the system to determine if a permit holder has a pattern of noncompliance. The department shall promulgate rules establishing standards to deny permits to persons who show a pattern of noncompliance, which standards include the length of time a permit is denied based upon the number and type of noncomplying events.
(III) The department of transportation shall include in a super-load permit a speed restriction, not to exceed twenty-five miles per hour on the highway and ten miles per hour on structures; except that the department of transportation may modify the speed restriction when necessary for safety or to prevent structural damage,
(c) When filing an application, an applicant for a super-load permit shall provide the department of transportation with documentation, acceptable to the department of transportation, from a third party establishing the gross weight of the load. The driver shall carry the documentation in the vehicle during the permitted move and produce, upon request, the documentation for any state agency or law enforcement personnel.
(d) The department of transportation may refuse to issue a super-load permit under this section for an unladen combination vehicle unless the applicant breaks the load down to the smallest dimensions possible. The department of transportation may refuse to issue a super-load permit under this section for an unladen vehicle unless the applicant renders the dual lane trailer into legal loads.
(e) The department of transportation, Colorado state patrol, or port of entry shall inspect the load of a super-load permit holder, at the permit holder's expense, at the nearest point where the shipment enters the state, at a location specified by the department of transportation, or at the load's point of origin to ensure compliance with the permit requirements and safety statutes and rules, including:
(I) Height, width, and length;
(II) Number of axles;
(III) Date of move;
(IV) Correct route;
(V) Documentation of load weight;
(VI) Use of signs and pilot cars; and
(VII) Weight, if the vehicle can be weighed within two hours.
(f) The department of transportation shall notify the port of entry of the permit's issuance and the location and date of the move.
(g) Until the department of transportation promulgates rules to implement this subsection (1.7), the department may issue permits conforming to the requirements of this section under existing rules. This paragraph (g) is repealed, effective July 1, 2012.
(2) (a) An authentication of paid ad valorem taxes, after notification of such movement to the county treasurer, may serve as a permit for movement of manufactured homes on public streets or highways under the county's jurisdiction. An authentication of paid ad valorem taxes from the county treasurer of the county from which the manufactured home is to be moved, after notification of such movement has been provided to the county assessor of the county to which the manufactured home is to be moved, pursuant to section 39-5-205, C.R.S., may also serve as a permit for the movement of manufactured homes from one adjoining county to an adjoining county on streets and highways under local jurisdiction. The treasurer shall issue along with the authentication of paid ad valorem taxes a transportable manufactured home permit. The treasurer may establish and collect a fee, which shall not exceed ten dollars, for issuing the authentication of paid ad valorem taxes and the transportable manufactured home permit. Such transportable manufactured home permit shall be printed on an eleven inch by six inch fluorescent orange card and shall contain the following information: The name and address of the owner of the mobile home; the name and address of the mover; the transport number of the mover, a description of the mobile home including the make, year, and identification or serial number; the county authentication number; and an expiration date. The expiration date shall be set by the treasurer, but in no event shall the expiration date be more than thirty days after the date of issue of the permit. Such transportable manufactured home permit shall be valid for a single trip only. The transportable manufactured home permit shall be prominently displayed on the rear of the mobile home during transit of the mobile home. Peace officers and local tax and assessment officials may request, and upon demand shall be shown, all moving permits, tax receipts, or certificates required by this subsection (2). Nothing in this section shall require a permit from a county treasurer for the movement of a new manufactured home. For the purposes of this section, a new manufactured home is one in transit under invoice or manufacturer's statement of origin which has not been previously occupied for residential purposes.
(b) All applications for permits to move manufactured homes over state highways shall comply with the following special provisions:
(I) Each such application shall be for a single trip, a special permit, an annual permit, or, subject to the requirements of paragraph (a) of subsection (1.5) of this section, an annual fleet permit. The application shall be accompanied by a certificate or other proof of public liability insurance in amounts of not less than one hundred thousand dollars per person and three hundred thousand dollars per accident for all manufactured homes moved within this state by the permit holder during the effective term of the permit. Each application for a single trip permit shall be accompanied by an authentication of paid ad valorem taxes on the used manufactured home.
(II) Holders of permits shall keep and maintain, for not less than three calendar years, records of all manufactured homes moved in whole or in part within this state, which records shall include the plate number of the towing vehicle; the year, make, serial number, and size of the unit moved, together with date of the move; the place of pickup; and the exact address of the final destination and the county of final destination and the name and address of the landowner of the final destination. These records shall be available upon request within this state for inspection by the state of Colorado or any of its ad valorem taxing governmental subdivisions.
(III) Holders of permits shall obtain an authentication of paid ad valorem taxes through the date of the move from the owner of a used manufactured home or from the county treasurer of the county from which the used manufactured home is being moved. Permit holders shall notify the county treasurer of the county from which the manufactured home is being moved of the new exact address of the final destination and the county of final destination of the manufactured home and the name and address of the landowner of the final destination, and, if within the state, the county treasurer shall forward copies of the used manufactured home tax certificate to the county assessor of the destination county. County treasurers may compute ad valorem manufactured home taxes due based upon the next preceding year's assessment prorated through the date of the move and accept payment of such as payment in full.
(IV) No owner of a manufactured home shall move the manufactured home or provide for the movement of the manufactured home without being the holder of a paid ad valorem tax certificate and a transportable manufactured home permit thereon, and no person shall assist such an owner in the movement of such owner's manufactured home, including a manufactured home dealer. Except as otherwise provided in this paragraph (b), a permit holder who moves any manufactured home within this state shall be liable for all unpaid ad valorem taxes thereon through the date of such move if movement is made prior to payment of the ad valorem taxes due on the manufactured home moved.
(V) In the event of an imminent natural or man-made disaster or emergency, including, but not limited to, rising waters, flood, or fire, the owner, owner's representative or agent, occupant, or tenant of a manufactured home or the mobile home park owner or manager, lienholder, or manufactured home dealer is specifically exempted from the need to obtain a permit pursuant to this section and may move the endangered manufactured home out of the danger area to a temporary or new permanent location and may move such manufactured home back to its original location without a permit or penalty or fee requirement. Upon any such move to a temporary location as a result of a disaster or emergency, the person making the move or such person's agent or representative shall notify the county assessor in the county to which the manufactured home has been moved, within twenty days after such move, of the date and circumstances pertaining to the move and the temporary or permanent new location of the manufactured home. If the manufactured home is moved to a new permanent location from a temporary location as a result of a disaster or emergency, a permit for such move shall be issued but no fee shall be assessed.
(3) The department of transportation, the Colorado state patrol, or any local authority is authorized to issue or withhold a permit, as provided in this section, and, if such permit is issued, to limit the number of trips, or to establish seasonal or other time limitations within which the vehicles described may be operated on the highways indicated, or otherwise to limit or prescribe conditions of operation of such vehicles, when necessary to protect the safety of highway users, to protect the efficient movement of traffic from unreasonable interference, or to protect the highways from undue damage to the road foundations, surfaces, or structures and may require such undertaking or other security as may be deemed necessary to compensate for any injury to any highway or highway structure.
(4) The original or a copy of every such permit shall be carried in the vehicle or combination of vehicles to which it refers and shall be open to inspection by any police officer or authorized agent of any authority granting such permit; except that, if a peace officer, as described in section 16-2.5-101, C.R.S., or an authorized agent of the authority that granted a permit may determine that the permit can be electronically verified at the time of contact, a copy of the permit need not be carried in the vehicle or combination of vehicles to which it refers. No person shall violate any of the terms or conditions of such permit.
(5) The department of transportation or the Colorado state patrol shall, unless such action will jeopardize distribution of federal highway funds to the state, authorize the operation or movement of a vehicle or combination of vehicles on the interstate highway system of Colorado at a maximum weight of eighty-five thousand pounds.
(6) No vehicle having a permit under this section shall be remodeled, rebuilt, altered, or changed except in such a way as to conform to those specifications and limitations established in sections 42-4-501 to 42-4-507 and 42-4-1407.
(7) Any person who has obtained a valid permit for the movement of any oversize vehicle or load may attach to such vehicle or load or to any vehicle accompanying the same not more than three illuminated flashing yellow signals as warning devices.
(8) (a) The department of transportation shall have a procedure to allow those persons who are transporting loads from another state into Colorado and who would require a permit under the provisions of this section to make advance arrangements by telephone or other means of communication for the issuance of a permit if the load otherwise complies with the requirements of this section.
(b) The Colorado state patrol shall have available for issuance at each fixed port of entry weigh station permits for extralegal vehicles or loads; except that special permits for extralegal vehicles or loads that are considered extraordinary in dimensions or weight, or both, and that require additional safety precautions while in transit shall be issued only by the department of transportation. A port of entry may issue such special permits if authorized to do so by the department of transportation and under such rules as the department of transportation may establish, and may deliver from a fixed port of entry weigh station any permit issued by the department of transportation.
(c) Repealed.
(9) No permit shall be necessary for the operation of authorized emergency vehicles, public transportation vehicles operated by municipalities or other political subdivisions of the state, county road maintenance and county road construction equipment temporarily moved upon the highway, implements of husbandry, and farm tractors temporarily moved upon the highway, including transportation of such tractors or implements by a person dealing therein to such person's place of business within the state or to the premises of a purchaser or prospective purchaser within the state; nor shall such vehicles or equipment be subject to the size and weight provisions of this part 5.
(10) The Colorado state patrol, the personnel in any port of entry weigh station, and local law enforcement officials shall verify the validity of permits issued under this section whenever feasible. Upon determination by any of such officials or by any personnel of a county assessor's or county treasurer's office indicating that a manufactured home has been moved without a valid permit, the district attorney shall investigate and prosecute any alleged violation as authorized by law.
(11) (a) The department of transportation or the Colorado state patrol may charge permit applicants permit fees as follows:
(I) For overlength, overwidth, and overheight permits on loads or vehicles which do not exceed legal weight limits:
(A) Annual permit, two hundred fifty dollars;
(B) Single trip permit, fifteen dollars.
(II) For overlength, including
front or rear overhang, annual fleet permits on loads or vehicles which do not
exceed legal weight limits, one thousand five hundred dollars plus fifteen
dollars per fleet vehicle. For purposes of this subparagraph (II), "fleet" means
any group of two or more vehicles owned by one person. This subparagraph (II)
shall only apply for public utility vehicles and loads.
(III) For overweight permits for
vehicles or loads exceeding legal weight limits up to two hundred thousand
pounds:
(A) Annual permit, four hundred dollars;
(B) Single trip permit, fifteen dollars plus five dollars per axle;
(C) Annual fleet permits, one thousand five hundred dollars plus twenty-five dollars per vehicle to be permitted. For purposes of this sub-subparagraph (C), "fleet" means any group of two or more vehicles owned by one person. This sub-subparagraph (C) shall apply only to longer vehicle combinations as defined in section 42-4-505.
(IV) Special permits for structural, oversize, or overweight moves requiring extraordinary action or moves involving weight in excess of two hundred thousand pounds, one hundred twenty-five dollars for a permit for a single trip, including a super-load permit issued under subsection (1.7) of this section; except that a super-load permit fee is four hundred dollars.
(V) The fee for an annual fleet permit issued pursuant to subsection (1.5) or (2) of this section is three thousand dollars for a fleet of from two to ten vehicles plus three hundred dollars for each additional vehicle in the fleet.
(VI) For overweight permits for vehicles that have a quad axle grouping for divisible vehicles or loads exceeding legal weight limits issued pursuant to subsection (1)(b)(II)(A) of this section:
(A) Annual permit, five hundred dollars;
(B) Single trip permit, thirty dollars plus ten dollars per axle; and
(VII) For overweight permits for vehicle combinations with a trailer that has two or three axles for divisible vehicles or loads exceeding legal weight limits established by subsection (1)(b)(II)(B) of this section:
(A) Annual permit, five hundred dollars;
(B) Six-month permit, two hundred fifty dollars;
(C) Single trip permit, fifteen dollars plus ten dollars per axle; and
(VIII) For annual fleet overweight permits for fleets of vehicles that have a quad axle grouping, fleets of vehicle combinations with a trailer that has two or three axles, and fleets of both vehicles that have a quad axle grouping and vehicle combinations with a trailer that has two or three axles for divisible vehicles or loads exceeding legal weight limits established by subsection (1)(b)(11) of this section, two thousand dollars plus thirty-five dollars per vehicle to be permitted.
(b) Any local authority may impose a fee, in addition to but not to exceed the amounts required in subparagraphs (I) and (III) of paragraph (a) of this subsection (11), as provided by the applicable local ordinance or resolution; and, in the case of a permit under subparagraph (IV) of paragraph (a) of this subsection (11), the amount of the fee shall not exceed the actual cost of the extraordinary action.
(12) (a) Any person holding a permit issued pursuant to this section or any person operating a vehicle pursuant to such permit who violates any provision of this section, any ordinance or resolution of a local authority, or any standards or rules or regulations promulgated pursuant to this section, except the provisions of subparagraph (IV) of paragraph (b) of subsection (2) of this section, commits a class 2 misdemeanor traffic offense.
(b) Any person who violates the provisions of subparagraph (IV) of paragraph (b) of subsection (2) of this section commits a class 2 petty offense and, upon conviction thereof, shall be fined two hundred dollars; except that, upon conviction of a second or subsequent such offense, such person commits a class 3 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S.
(c) The department of transportation with regard to any state permit and the local authority with regard to a local permit may, after a hearing under section 24-4-105, C.R.S., revoke, suspend, refuse to renew, or refuse to issue any permit authorized by this section upon a finding that the holder of the permit has violated the provisions of this section, any ordinance or resolution of a local authority, or any standards or rules promulgated pursuant to this section.
(d) A driver or holder of a permit issued under subsection (1.7) of this section who fails to comply with the terms of the permit or subsection (1.7) of this section commits a class 1 misdemeanor traffic offense and shall be punished as provided in section 42-4-1701 (3) (a) (II).
42-4-511. Permit standards - State and local
(1) The
transportation commission shall adopt such rules and regulations as are
necessary for the proper administration and enforcement of section
42-4-510 with regard to state permits.
(2) (a) Any permits which may be required by local authorities shall be
issued in accordance with ordinances and resolutions adopted by the
respective local authorities after a public hearing at which testimony
is received from affected motor vehicle owners and operators. Notice of
such public hearing shall be published in a newspaper having general
circulation within the local authority's jurisdiction. Such notice shall
not be less than eight days prior to the date of hearing. The
publication shall not be placed in that portion of the newspaper in
which legal notices or classified advertisements appear. Such notice
shall state the purpose of the hearing, the time and place of the
hearing, and that the general public, including motor vehicle owners and
operators to be affected, may attend and make oral or written comments
regarding the proposed ordinance or resolution. Notice of any subsequent
hearing shall be published in the same manner as for the original
hearing.
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