Notice to owner or lienholder; hearing; final order.
1. Any person against whom an action is taken pursuant to this chapter is entitled to notice in the form of an order and a hearing before the agency for enforcement in accordance with regulations of the agency.
2. Upon request for such a hearing, the owner or lienholder of the mobile home or the owner of the land on which the mobile home is located must be granted a hearing on the matter before an authorized representative of the agency or any other board, commission or official authorized to conduct such hearings. This request must be made to the agency within 10 days after personal service or acknowledgment of receipt by mail of the order. If the owner of the land on which the mobile home is located submits a sworn written statement denying responsibility for the presence of the mobile home on his land within the prescribed period of time, this statement shall be deemed a request for a hearing which does not require the presence of the owner who submitted the request. If such a request is not received within 10 days from the date of personal service or acknowledgment of receipt by mail of the order, the agency may abate the substandard mobile home.
3. Upon receipt of a request for a hearing or a sworn written statement by the owner of the land on which the mobile home is located, denying responsibility for the presence of the mobile home on his land, the agency shall set a time and place for a hearing and shall give the petitioner written notice of it. Receipt of the request for a hearing or a statement by the owner of the land on which the mobile home is located, operates to delay any action by the agency until after the hearing.
4. Upon receipt of a request for a hearing the agency shall give a second notice directing the owner and lienholder of the mobile home and the owner of the land on which the mobile home is located to appear at a stated time and place to show cause why the substandard mobile home should not be abated.
5. At the time and place fixed in the notice given pursuant to subsection 4 the authorized representative of the agency or other board, commission or official authorized to conduct the hearing shall proceed to hear the testimony of the officers or employees of the agency and the owner of the mobile home or his representatives respecting the condition of the mobile home, the estimated cost of its repair or removal and any other pertinent matters. Upon the conclusion of the hearing, the person conducting the hearing shall render a decision in the matter which must be reported to the agency. If the mobile home is found to be a nuisance, the owner, lienholder or owner of the land must be ordered to abate the nuisance within 30 days after the date of personal service or acknowledgment of receipt by mail of the order.
6. The agency shall post a copy of the order to abate the substandard mobile home in a conspicuous place on the mobile home. A copy of the order must also be mailed or delivered by personal service to the owner of the property on which the mobile home is located, and to the last owner and lienholder of record of the mobile home.
Last modified: February 26, 2006