§ 130A-309.114. (Effective July 1, 2009, and expiring October 1, 2023) Process for the disposal of abandoned manufactured homes.
§ 130A‑309.114. (Effective July 1, 2009, and expiring October 1, 2023) Process for the disposalof abandoned manufactured homes.
(a) If a county adoptsand implements a plan for the management of abandoned manufactured homespursuant to this Part, the county shall notify the responsible party and theowner of the property on whose land the abandoned manufactured home is locatedfor each identified abandoned manufactured home in the county that theabandoned manufactured home must be properly disposed of by the responsibleparty within 90 days. The notice shall be in writing and shall be served on theperson as provided by Rule 4(j) of the Rules of Civil Procedure, G.S. 1A‑1.The notice shall disclose the basis for the action and advise that a hearingwill be held before a designated public officer at a place within the county inwhich the manufactured home is located not less than 10 days nor more than 30days after the serving of the notice; that the responsible party shall be giventhe right to file an answer to the order and to appear in person, or otherwise,and give testimony at the place and time fixed in the notice; and that therules of evidence prevailing in courts of law or equity shall not becontrolling in hearings before the public officer.
(b) If, after noticeand hearing, the public officer determines that the manufactured home underconsideration is abandoned, the officer shall state in writing the officer'sfindings of fact in support of that determination, and the county shall orderthe responsible party to dispose of the abandoned manufactured home within 90days of the expiration of this period. If the responsible party fails to complywith this order, the county shall take any action it deems reasonably necessaryto dispose of the abandoned manufactured home, including entering the propertywhere the abandoned manufactured home is located and arranging to have theabandoned manufactured home deconstructed and disposed of in a mannerconsistent with the plan developed under G.S. 130A‑309.113(a). If theresponsible party is not the owner of the property on which the abandonedmanufactured home is located, the county may order the property owner to permitentry onto the owner's property by an appropriate party to permit the removaland proper disposal of the abandoned manufactured home.
(c) When a countyremoves, deconstructs, and disposes of an abandoned manufactured home pursuantto this section, whether directly or through a party that contracted with thecounty, the responsible party shall be liable for the actual costs incurred bythe county, directly or indirectly, for its abatement activities and itsadministrative and legal expenses incurred, less the amount of grants forreimbursement received by the county under G.S. 130A‑309.115 for thedisposal activities for that manufactured home. The county may initiate a civilaction to recover these unpaid costs from the responsible party. Nonpayment ofany portion of the actual costs incurred by the county shall result in theimposition of a lien on any real property in the county owned by theresponsible party.
(d) This section doesnot apply to any of the following:
(1) A retail businesspremises where manufactured homes are sold.
(2) A solid wastedisposal facility where no more than 10 manufactured homes are stored at onetime if all of the manufactured homes received for storage are deconstructed orremoved from the facility within one year after receipt.
(e) This section doesnot change the existing authority of a county or a municipality to enforce anyexisting laws or of any person to abate a nuisance. (2008‑136, s. 1.)