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HB 381 Abandoned Mobile Home Act: Title 44 Chapter 7 Section 1 Article 6
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Angel Gray 2 posts -
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Mark Crews 1 post
Hi Everyone,
In our GA Land Banks and Code Enforcement Class held at the most recent GACE Conference, we discussed HB 381. I wanted to update on how well the process worked for Albany/Dougherty County Land Bank, Code Enforcement, and Magistrate Court. The process took only six months from start to finish.
As the owner of the Real Property which was host to an abandoned mobile home, The Land Bank submitted a request for an inspection of the structure by Code Enforcement.(per OCGA 44-7-113(a))
The Inspector provided the Land Bank with a completed inspection sheet and listing of violations of unsafe conditions. The inspector Posted the Property Unsafe and provided the Land Bank with photos to prove property was Efficiently Posted. (per OCGA 44-7-113(c))
The Land Bank then sent notice to the listed(registered title) owners of the mobile home. Notice gave inspection findings and requested owner to remove the mobile home within 90 days. The notice was sent both certified, and regular post as well posted on the mobile home. (Per OCGA 44-7-113 (d(1)) (notice of claimed mail was received and the ninety day count began on 8/28/2020)
As added precaution and due process to gain compliance, the Land Bank sent a follow up notice to Mobile home owners at the 60 day time expiration 11/23/2020. The notices were again sent both regular post and certified mail, and posted on mobile home. Owners claimed mail.
Hearing request was filed 2/24/2021 by the Land Bank. The Magistrate Court set hearing upon our request to expand the 10 day requirement to March 9, 2021 at 10:30 am. Notice of Hearing went out and was posted on property.
Owners of Mobile Home did not Appear before the Court this morning. The Judge reviewed all evidence and photos of proper posting and mailings. Judge issued Order in Favor of Albany/Dougherty Land Bank, deeming the Mobile Home Abandoned and Derelict, authorizing the Land Bank (land owner)to dispose of the mobile home. We will have 180 days of the order to dispose of the mobile home, and within 30 days of disposal must notify Department of Revenue and the Local Tag office of the disposal of said mobile home. (Per OCGA 44-7-114(c))
For those of you who are struggling with Abandoned and Derelict Mobile Homes with your jurisdiction, I encourage you to study this Code and recommend it to your land owners who are willing to go through the process. Our Magistrate Judges, have gone through training on this law, and seem to be just as excited to gain remedy as our communities.
Thanks for your attention, the Class on Thursday was a great class, I enjoyed teaching it and will incorporate this case into the next time the class is offered at GACE.
Respectfully Yours,
M. Angel Gray