South Carolina’s scenic landscapes are home to numerous mobile homes, a popular housing choice for many residents. However, like any type of dwelling, mobile homes can sometimes fall into disrepair or become abandoned, posing health and safety risks to the community. To address these concerns, South Carolina has established a legal framework for declaring a mobile home derelict, which can lead to its removal, destruction, or sale at public auction.
This guide is designed to simplify the often complex process of declaring a mobile home derelict in South Carolina. Whether you’re a landowner dealing with an abandoned mobile home on your property, a local official responsible for upholding community standards, or a concerned citizen wanting to understand the process, this article will provide you with a clear understanding of the legal framework, step-by-step procedures, and practical considerations involved.
We’ll explore what constitutes a derelict mobile home, outline the steps for its declaration and removal, discuss the roles and responsibilities of the parties involved, and highlight potential challenges and solutions. By the end of this guide, you’ll have a clear roadmap for navigating the derelict mobile home declaration process in South Carolina.
Understanding Derelict Mobile Homes: Definitions and Criteria
Before diving into the legal procedures, it’s important to understand what qualifies as a “derelict mobile home” under South Carolina law. The state has specific criteria to ensure the term is applied appropriately.
1.1 Legal Definition of a Derelict Mobile Home
Under Section 6-1-150 of the South Carolina Code of Laws, a mobile home is considered derelict if it meets any of the following criteria:
- Utility Disconnection: The mobile home is not connected to electricity or a safe potable water supply sufficient for normal residential needs, or both.
- Lack of Proper Sanitation: The mobile home is not connected to a Department of Environmental Control-approved wastewater disposal system.
- Prolonged Vacancy: The mobile home has been unoccupied for at least 30 days, with clear and convincing evidence that the occupant does not intend to return.
- Hazardous Condition: The mobile home is so damaged, decayed, dilapidated, unsanitary, unsafe, or vermin-infested that it creates a hazard to health or safety.
1.2 Interpreting the Criteria
Let’s break down these criteria to see how they might apply in real-world situations:
- Utility Disconnection: This is straightforward; a mobile home without electricity or a safe water supply is likely uninhabitable.
- Lack of Proper Sanitation: A mobile home without an approved wastewater system poses significant health risks, whether from a failing septic system or illegal wastewater discharge.
- Prolonged Vacancy: If a mobile home has been vacant for 30 days and there’s clear evidence the occupant isn’t returning, it can be declared derelict. Indicators include overgrown vegetation, accumulation of mail, and lack of vehicle movement.
- Hazardous Condition: This requires a subjective assessment, considering structural damage, mold, dangerous materials, unstable foundations, or pest infestations.
1.3 The Importance of Professional Assessment
Given the potential subjectivity in determining whether a mobile home meets these criteria, involving professionals in the assessment process is crucial. Local officials responsible for inspections or zoning are typically tasked with making these determinations to ensure the derelict classification is applied fairly and consistently.
The Legal Framework: Understanding the Relevant Laws
The process of declaring a mobile home derelict and proceeding with its removal, destruction, or sale is governed by several key pieces of legislation in South Carolina.
2.1 Section 6-1-150 of the South Carolina Code of Laws
This statute outlines the definition of a derelict mobile home, procedures for declaring a mobile home derelict, and options for its removal, destruction, or sale.
2.2 Section 29-15-10 of the South Carolina Code of Laws
This section details the procedures for selling abandoned mobile homes, relevant to the derelict mobile home process because many of the notification and sale procedures apply here.
2.3 Section 12-49-85(D) of the South Carolina Code of Laws
This section addresses the tax implications of declaring a mobile home derelict, including removal from the tax rolls and waivers of certain unpaid taxes and fees.
The Process for Landowners: Declaring a Mobile Home Derelict for Destruction
If you’re a landowner dealing with a potentially derelict mobile home on your property, here’s a step-by-step guide to having it declared derelict and approved for destruction.
Step 1: Initial Inspection
Apply to a local governmental official for an inspection of the mobile home to determine if it meets the criteria for being declared derelict.
Step 2: Filing a Petition with the Magistrate Court
If the inspection confirms the mobile home is derelict, file a petition with the magistrate court, including a completed Petition for Removal and Destruction of Derelict Mobile Home (SCCA 274 form).
Step 3: The Court Hearing
Present your case at the court hearing. The magistrate will decide whether to approve your petition based on the evidence presented.
Step 4: Notification Process
If the petition is approved, you must notify the Department of Motor Vehicles (DMV), county auditor, and any lienholders, and post a notice on the mobile home.
Step 5: Final Court Order and Removal
After the notification period, return to court for a final order authorizing the removal and destruction of the mobile home.
The Process for Landowners: Removing and Selling a Mobile Home
As an alternative to destruction, landowners can choose to have the mobile home removed and sold at public auction, a process that doesn’t require the mobile home to be declared derelict.
The Role of Local Officials in Declaring Mobile Homes Derelict
Local officials play a crucial role in inspecting, determining, and facilitating the removal, destruction, or sale of derelict mobile homes, ensuring community standards are upheld.
Legal and Practical Considerations
The process involves balancing property rights, landlord-tenant relationships, lien considerations, costs, and environmental concerns, all of which are critical to navigating the derelict mobile home process effectively.
The Impact on Local Communities
Derelict mobile homes can negatively affect property values, public health and safety, and community aesthetics, making their removal essential for maintaining vibrant communities.
Alternatives to Declaration and Removal
Rehabilitation programs, temporary assistance, and voluntary removal programs can serve as alternatives to declaring a mobile home derelict.
The Role of Community Education and Outreach
Educating mobile home owners, raising community awareness, and educating landlords can help prevent mobile homes from becoming derelict and facilitate the removal process when necessary.
Relevant Links:
Understanding Derelict Mobile Homes: Definitions and Criteria
- South Carolina Code of Laws – Section 6-1-150: Link to South Carolina Legislature’s official site for Section 6-1-150
The Legal Framework: Understanding the Relevant Laws
- South Carolina Code of Laws – Section 29-15-10: Link to Section 29-15-10 on Abandoned Mobile Homes
- South Carolina Code of Laws – Section 12-49-85(D): Link to Section 12-49-85(D) regarding tax implications
The Process for Landowners: Declaring a Mobile Home Derelict for Destruction
The Impact on Local Communities
- Public Health and Safety Resources: Check with the South Carolina Department of Health and Environmental Control (DHEC) for information on public health concerns related to derelict properties.
Alternatives to Declaration and Removal
- South Carolina Housing Resources: Link to South Carolina Housing Authority for programs that may assist with mobile home rehabilitation or removal.
Future Considerations and Potential Policy Changes
- South Carolina Association of Counties: Link to SCAC for updates on local government policies