§ 9.9. ABATEMENT OF NUISANCE CAUSED BY ABANDONED MOBILE HOMES

9.9.1. Findings

The Board of Commissioners finds that:

A.

The number of mobile homes in Brunswick County has risen dramatically as available land becomes scarce and the housing market has become more expensive.

B.

Mobile homes may be difficult and expensive to repair when they begin to deteriorate. Often consumers simply buy another mobile home rather than refurbish a mobile home in need of repair.

C.

Abandoned mobile homes are a visual blight on the landscape of Brunswick County, which is in large part economically dependent upon tourism.

D.

Abandoned mobile homes create a public health and environmental problems, pose fire hazards, safety hazards to unsupervised children, and are a potential source of toxic or hazardous materials that may escape into the atmosphere. As a result, abandoned mobile homes constitute a nuisance.

9.9.2. Certain Mobile Homes Exempt

This Section shall not apply to:

A.

A retail business where mobile homes are sold; or

B.

A properly permitted mobile home salvage and storage yard (see Section 5.2, Use Table).

C.

A solid waste disposal facility, provided that no more than 5 mobile homes are located at the facility at any given time and that no mobile home may remain on the premises for 1 year or longer from the date of receipt.

9.9.3. Process for Abatement

A.

Determination of Abandonment

The Inspector shall make a determination that a mobile home is abandoned as defined in this Ordinance.

B.

Notification

Upon determination that a mobile home is abandoned, the County shall notify the registered owner in writing that the home constitutes a nuisance and that said home must be properly disposed of within 90 days. The notice shall be in writing and served in accordance with G.S. § 1A-1 Rule 4(j) of the Rules of Civil Procedure and by a prominent notice posted on the home.

C.

Failure to Comply

1.

If the abandoned mobile home is not removed by the registered owner before the expiration of the initial 90 day period, the County shall order the removal of the abandoned mobile home.

2.

If the abandoned mobile home is not removed by the registered owner before the expiration of the initial 90 day period, the County shall take any action it deems reasonably necessary to abate the nuisance, including entering upon the property where the abandoned mobile home is located and/or arranging to have the abandoned mobile home removed and properly disposed of. If the registered owner for the nuisance is not the owner of the property where the abandoned mobile home is located, the County may order the property owner to permit entry onto the subject property to permit the removal and proper disposal of the abandoned mobile home.

9.9.4. Liability for County Expenses

A.

When the County removes and disposes of an abandoned mobile home (whether directly or through a party contracted with the County) pursuant to Subsection 9.9.3.C.2 above, the registered owner of the abandoned mobile home shall be liable for:

1.

Any unpaid property taxes due on the home;

2.

Any actual costs incurred by the County (directly or indirectly) for the abatement activities; and

3.

Any administrative and legal expenses related to the abatement activities.

B.

Nonpayment of any unpaid property taxes or any or all portions of the actual costs incurred by the County for the abatement activities shall result in the imposition of lien on any real property in the County owned by the registered owner of the abandoned mobile home.