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(A) It shall be unlawful for the registered owner, or person entitled to possession of a manufactured home, and for the owner, lessee, or occupant of the real property upon which the manufactured home is located to leave, allow, or suffer the manufactured home to remain on the property after it has been declared an abandoned manufactured home, or a public nuisance.
(B) A manufactured home shall be deemed to be an abandoned manufactured home for the purposes of this article in the following circumstances: Any manufactured home that is either vacant, or in need of extensive repair; and an unreasonable danger to public health, safety, welfare, or the environment.
(C) A manufactured home shall be considered abandoned when it has not been occupied for at least 120 days, and meets any of the following criteria:
(1) Provides a location for loitering, vagrancy, unauthorized entry, or other criminal activity;
(2) Has been boarded up for at least 30 days;
(3) Has taxes in arrears for a period of time exceeding 365 days; and/or
(4) Has all utilities disconnected or not in use.
(Ord. 21-2018, passed 12-3-2018) Penalty, see § 1-111
(A) The owner, or responsible party, shall be given 60 days from receipt of the written notice to dispose of the abandoned manufactured home in a legal manner.
(B) If the owner, or responsible party, fails to comply with this order, the town shall take any action it deems reasonably necessary to dispose of the abandoned manufactured home, including entering the property where the abandoned manufactured home is located and arranging to have the home deconstructed, and disposed of, in a manner consistent with the town’s garbage collection and disposal provisions.
(C) If the property owner does not remove said abandoned manufactured home a lien will be placed against the real property if not paid within 30 days, and shall be collected as unpaid taxes.
(Ord. 21-2018, passed 12-3-2018)
No person shall be held to answer in any civil, or criminal, action to any owner, or other person legally entitled to the possession of an abandoned, nuisance, or junked manufactured home, for disposing of such manufactured home as provided in this article.
(Ord. 21-2018, passed 12-3-2018)
(A) Within the 60-day period mentioned in § 5-704(A), the owner of the property where the nuisance exists may appeal the findings of the Code Official to the Board of Adjustment by giving written notice of appeal to the Code Official, the appeal to stay the abatement of the nuisances by the Code Official until a final determination by the Board of Adjustment. In the event no appeal is taken, the Code Official may proceed to abate the nuisance.
(B) The Board of Adjustment, in the event an appeal is taken, as provided in subsection (A) above, may, after hearing all interested persons and reviewing the findings of the Code Official, reverse the finding made pursuant to § 5-704, but if the Board of Adjustment shall determine that the findings of the Code Official, pursuant to § 5-704(A) and (B), are correct and proper, it shall declare the condition existing on the property to be a danger and hazard to the health, safety, morals, and general welfare of the inhabitants of the town and a public nuisance, and direct the Code Official to cause the conditions to be abated.
(Ord. 21-2018, passed 12-3-2018)