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COMMITTEE REPORT
May 2, 2007
H. 3456
S. Printed 5/2/07--S.
Read the first time February 28, 2007.
To whom was referred a Bill (H. 3456) to amend Title 31, Code of Laws of South Carolina, 1976, relating to housing and redevelopment, by adding Chapter 20 enacting the "Abandoned Manufactured Home Removal Act", etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking the bill in its entirety and inserting therein:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-150 SO AS TO AUTHORIZE A LOCAL OFFICIAL OR LANDOWNER TO SEEK TO REMOVE AND SELL OR REMOVE AND DESTROY A DERELICT MOBILE HOME BY APPLYING TO THE MAGISTRATES COURT AND TO ALLOW A LOCAL GOVERNING BODY TO IMPOSE A FEE TO DEFRAY THE COST OF LOCATION, IDENTIFICATION, AND INSPECTION OF DERELICT MOBILE HOMES; TO AMEND SECTION 12-49-85, RELATING TO UNCOLLECTIBLE REAL AND PERSONAL PROPERTY TAXES, SO AS TO ALLOW THE COUNTY AUDITOR TO WAIVE AND REMOVE FROM THE TAX DUPLICATE CURRENT AND DELINQUENT PROPERTY TAXES, ASSESSMENTS, COSTS, AND FEES FROM A MANUFACTURED HOME DEMOLISHED AND DISPOSED OF PURSUANT TO SECTION 6-1-150; AND TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-29-1145, SO AS TO CLARIFY THAT IF A LOCAL PLANNING AGENCY HAS NOTICE OF A RESTRICTIVE COVENANT ON A TRACT OR PARCEL OF LAND, THE LOCAL PLANNING AGENCY MUST NOT ISSUE A PERMIT FOR ACTIVITY THAT IS CONTRARY TO, CONFLICTS WITH, OR IS PROHIBITED BY THE RESTRICTIVE COVENANT UNLESS THE LOCAL PLANNING AGENCY RECEIVES CONFIRMATION FROM THE APPLICANT THAT THE RESTRICTIVE COVENANT HAS BEEN WAIVED FOR THE TRACT OR PARCEL OF LAND EITHER BY ACTION OF THE OTHER PROPERTY HOLDERS SUBJECT TO THE RESTRICTIVE COVENANT OR BY COURT ORDER.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 1, Chapter 1, Title 6 of the 1976 Code is amended by adding:
"Section 6-1-150. (A) For purposes of this section:
(1) 'Derelict mobile home' means a mobile home:
(a) that is:
(i) not connected to electricity or not connected to a source of safe potable water supply sufficient for normal residential needs, or both;
(ii) not connected to a Department of Environmental Control approved waste water disposal system; or
(iii) unoccupied for a period of at least thirty days and for which there is clear and convincing evidence that the occupant does not intend to return on a temporary or permanent basis; and
(b) that is so damaged, decayed, dilapidated, unsanitary, unsafe, or vermin-infested that it creates a hazard to the health or safety of the occupants, the persons using the mobile home, or the public.
(2) 'Landowner' means the owner of real property on which a derelict mobile home is located.
(3) 'Local governing body' means the governing body of a county or municipality.
(4) 'Local official' means the office or agency that is responsible for inspecting or zoning property in a county or a municipality.
(5) 'Mobile home' means a structure, not including a modular home, designed for temporary or permanent habitation and constructed to permit its transport on wheels, temporarily or permanently attached to its frame, from its place of construction or sale to a location where it is intended to be a housing unit or a storage unit. For purposes of this section only, 'mobile home' includes both mobile and manufactured homes.
(B)(1) If a landowner seeks to have a mobile home removed from his property and sold, the landowner may apply to a magistrate and follow the procedures in Section 29-15-10. The landowner does not have to have the mobile home determined to be a derelict mobile home in order to have it removed from his property and sold following the procedures of Section 29-15-10.
(2) If a landowner seeks to have a mobile home determined to be derelict so it may be removed from the landowner's property and destroyed, the landowner must:
(a) apply to the local official to have the mobile home inspected;
(b) receive written confirmation from the local official that the mobile home has been inspected and meets the requirements for removal and disposal and provided in this section;
(c) file the required pleadings with the magistrate to seek to have the mobile home removed from the property and destroyed, and follow the procedures in Section 29-15-10 to notify the owner of the mobile home and any lienholders that the local official has determined the mobile home is a derelict mobile home and that the matter is the subject of a proceeding in the magistrates court; and
(d) post a notice on each door of the mobile home for thirty consecutive days reading substantially as follows:
(3) If, in a court proceeding with the proper notice, the magistrate determines that the mobile home is derelict, as provided in this section, and orders the derelict mobile home to be removed and destroyed, the landowner must remove and dispose of the derelict mobile home and send proof of the removal and disposal to the county auditor as provided in Section 12-49-85(D).
(C)(1) If a local official determines that a derelict mobile home has value for which it may be sold, the local official may apply to a magistrate and follow the procedures in Section 29-15-10 to notify the owner of the mobile home and any lienholders that the local official has determined the mobile home is a derelict mobile home and has filed the required pleadings with the magistrate to seek to have the mobile home removed from the property and sold.
(2) If a local official seeks to remove and destroy a derelict mobile home, the local official must follow the procedures in Section 29-15-10 to notify the owner of the mobile home and any lienholders that the local official has determined the mobile home is a derelict mobile home and has filed the required pleadings with the magistrate to seek to have the mobile home removed from the property and destroyed.
(3) In addition to the notice requirements in the magistrates court, in order to (a) remove and sell, or (b) remove and destroy a derelict mobile home, a local official must post a notice on each door of the mobile home for thirty consecutive days reading substantially as follows:
(4) In a court proceeding with the proper notice, a magistrate must determine whether a derelict mobile home may be either (a) removed and sold, or (b) removed and destroyed. In order for the mobile home to be removed and destroyed, it must meet the requirements of a derelict mobile home as defined in this section.
(5) If the magistrate determines that the mobile home is derelict and is to be removed and sold, the local official must follow the procedures in Section 29-15-10.
(6) If the magistrate determines that the mobile home is derelict and is to be removed and destroyed, the local official or the landowner must remove and dispose of the derelict mobile home and send proof of the removal and disposal to the county auditor as provided in Section 12-49-85(D).
(D)(1) All costs of removal and disposal are the responsibility of the owner of the derelict mobile home, and may be waived only by order of the magistrates court or if a local governing body has a program that covers removal and disposal costs.
(2) A lienholder of the derelict mobile home is not responsible for the costs of removal and disposal unless the lienholder or his agent effects a recovery of the mobile home under its lien and subsequently the lienholder or his agent knowingly abandons the mobile home on the property and allows the mobile home to become a derelict mobile home.
(3) If the landowner is the owner of the derelict mobile home and is unwilling or unable to pay the costs of removal and disposal, a lien for the costs of removal and disposal may be placed on the landowner's real property where the derelict mobile home was located.
(E) To defray the costs of location, identification, and inspection of derelict mobile homes, a local governing body may impose a registration fee of no more than twenty-five dollars to be paid when a manufactured home or mobile home is registered with the county or municipality. This fee may be in addition to all other fees and charges relating to a manufactured home or mobile home and may be required to be paid before electrical connection."
SECTION 2. Section 12-49-85 of the 1976 Code, as last amended by Act 386 of 2006, is further amended by adding a new lettered subsection at the end to read:
"(D) Upon receipt of proof satisfactory to the county auditor that a derelict mobile home, as defined in Section 6-1-150, has been removed and disposed of in accordance with Section 6-1-150, the county auditor shall remove the derelict mobile home permanently from the duplicate list. Upon this removal, any unpaid taxes, uniform service charges, assessments, penalties, costs of collection, and any other amounts billed on the tax notice, which are due as a result of the value of the derelict mobile home, are waived. All costs of removal and disposal are the responsibility of the owner of the derelict mobile home, and may be waived only by order of the magistrates court or if a local governing body has a program that covers removal and disposal costs."
SECTION 3. Chapter 29, Title 6 of the 1976 Code is amended by adding:
"Section 6-29-1145. (A) In an application for a permit, the local planning agency must inquire if the tract or parcel of land is restricted by any recorded covenant that is contrary to, conflicts with, or prohibits the permitted activity.
(B) If a local planning agency has notice of a restrictive covenant on a tract or parcel of land, the local planning agency must not issue a permit for activity that is contrary to, conflicts with, or is prohibited by the restrictive covenant unless the local planning agency receives confirmation from the applicant that the restrictive covenant has been waived for the tract or parcel of land either by action of the other property holders subject to the restrictive covenant or by court order."
SECTION 4. This act takes effect upon approval by the Governor except that the provisions of Section 6-29-1145 apply to applications for permits filed on and after July 1, 2007. / Renumber sections to conform.
Amend title to conform.
LARRY A. MARTIN for Committee.
TO AMEND TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOUSING AND REDEVELOPMENT, BY ADDING CHAPTER 20 ENACTING THE "ABANDONED MANUFACTURED HOME REMOVAL ACT" SO AS TO PROVIDE A PROCEDURE FOR DEMOLITION AND DISPOSAL OF ABANDONED MANUFACTURED HOMES AND PROVIDE THE APPROPRIATE NOTICE AND OTHER PROCEDURES NECESSARY FOR THIS ACT; AND TO AMEND SECTION 12-49-85, AS AMENDED, RELATING TO UNCOLLECTIBLE REAL AND PERSONAL PROPERTY TAXES, SO AS TO ALLOW THE COUNTY AUDITOR TO WAIVE AND REMOVE FROM THE TAX DUPLICATE CURRENT AND DELINQUENT PROPERTY TAXES, ASSESSMENTS, COSTS, AND FEES FROM A MANUFACTURED HOME DEMOLISHED AND DISPOSED OF PURSUANT TO THE ABANDONED MANUFACTURED HOME REMOVAL ACT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The General Assembly finds that:
(1) Derelict mobile homes and manufactured homes exist in this State which have been abandoned by their owners but which are located on real property belonging to third parties.
(2) The law is unclear regarding whether or not the third party owners of the real property may dispose of these abandoned, derelict mobile homes or manufactured homes, under existing laws dealing with the disposal of abandoned personal property.
(3) It is desirable to provide for clear and economically feasible procedures by which owners of the real property may dispose of abandoned, derelict manufactured homes.
(4) Section 31-17-360 of the 1976 Code, which governs moving mobile homes and manufactured homes, requires that all property taxes assessed against mobile homes and manufactured homes, including abandoned, derelict homes, be paid before a mobile home or manufactured home may be moved beyond the boundaries of the county in which it is located.
(5) Existing laws governing the collection of taxes do not allow for the sale of mobile homes or manufactured homes, where the identity of the owner cannot be ascertained because the current owner would not receive the required notices before the sale of property for delinquent taxes.
(6) The cost a county incurs attempting to collect taxes levied against an abandoned, derelict manufactured home, the value of which is less than the taxes and collection costs, is not a fiscally responsible use of taxpayer dollars.
(7) It is desirable to provide for procedures by which the auditors of the various counties of this State may remove the derelict mobile homes and manufactured homes from their tax duplicates, so that the owners of the real property are able to remove the abandoned, derelict manufactured homes from their properties, without incurring the additional cost of paying current and delinquent taxes assessed against these abandoned, derelict homes.
SECTION 2. Title 31 of the 1976 Code is amended by adding:
Section 31-20-10. This chapter may be cited as the 'Abandoned Manufactured Home Removal Act'.
Section 31-20-20. As used in this chapter:
(1) 'Abandoned manufactured home' means a manufactured home, located on property of a third party, which has not been occupied for a period of at least sixty consecutive days and:
(a) is not connected to electricity;
(b) is not connected to a source of safe potable water supply sufficient for normal residential needs;
(c) is not connected to a waste water disposal system as approved by the South Carolina Department of Health and Environmental Control; or
(d) is in a state of disrepair and does not meet the minimum habitability standards as adopted by the South Carolina Manufactured Housing Board.
(2) 'Demolished' means being permanently destroyed so that a manufactured home is no longer capable of being used or occupied for any purpose.
(3) 'Landowner' means the owner of real property on which an abandoned manufactured home is located.
(4) 'Manufactured home' has the meaning provided in Section 40-29-20(9).
Section 31-20-30. If a landowner desires to dispose of an abandoned manufactured home located on the landowner's property, the landowner shall post a notice on each door of the manufactured home for sixty consecutive days reading substantially as follows:
Disposition/Demolition Permit for this mobile home to be applied for by (applicant), (applicant's address), (applicant's telephone number), sixty days from the date of this notice.
Section 31-20-40. If a vehicle identification number appears on the manufactured home, the landowner shall inquire of the South Carolina Department of Motor Vehicles to ascertain the true owner of the manufactured home, and the owner's mailing address, as shown on the department's records, as well as to ascertain whether or not any lienholders are shown on the certificate of title.
Section 31-20-50. (A) If the identity of the owner of the manufactured home is shown on the certificate of title, or is otherwise known to the landowner, the landowner also shall mail copies of the notice provided pursuant to Section 31-20-30 to the owners of the manufactured home, by certified mail, return receipt requested, at the address shown on the certificate of title, and to any other address known to the landowner to be a more current address.
(B) If the certificate of title reflects the existence of any lienholders, the landowner also shall mail copies of the notice to the lienholders, by certified mail, return receipt requested, at the address shown on the certificate of title and to the addresses of the registered agents, if any, of the lienholders, as shown in the records of the Secretary of State.
Section 31-20-60. The owner of the manufactured home and any lienholder have sixty days to respond, after the later of (1) the posting of the notice pursuant to Section 31-20-30 or (2) the mailing of the notice by certified mail, return receipt requested. If none of the persons or entities entitled to receive notice responds within that time, the landowner may demolish the manufactured home and dispose of it without incurring any liability to the owner or the lienholder, unless the value of the manufactured home exceeded five thousand dollars on the date of disposal and the landowner was grossly negligent in disposing of the manufactured home.
Section 31-20-70. (A) Upon application by a landowner for a permit to move an abandoned manufactured home pursuant to this article, the county shall inspect the home to verify that the home meets the requirements of Section 31-20-20(1) and shall provide written verification to the licensing agent who shall retain a copy of the verification. The licensing agent shall issue a permit allowing the abandoned manufactured home to be permanently demolished and disposed of. The licensing agent is not required to inquire as to whether or not the landowner has complied with the requirements of this chapter."
SECTION 3. Section 12-49-85 of the 1976 Code, as last amended by Act 386 of 2006, is further amended by adding a new subsection at the end to read:
"(D) Upon receipt of proof satisfactory to the county auditor that an abandoned manufactured home has been demolished and disposed of in accordance with Chapter 20 of Title 31, the 'Abandoned Manufactured Home Removal Act', the county auditor permanently shall remove the abandoned manufactured home from the duplicate list. On this removal, any unpaid taxes, uniform service charges, assessments, penalties, costs of collection, and any other amounts billed on the tax notice, which are due as a result of the value of the abandoned manufactured home, are waived."
SECTION 4. This act takes effect upon approval by the Governor.
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