Section 795. Judgment and warrant


Latest version.
  • 1. Upon the issuance of a declaration
      that a manufactured home has been abandoned pursuant  to  this  article,
      and  upon  motion  of  the manufactured home park owner or operator, the
      court shall issue a warrant directed to the sheriff of the county or  to
      any constable or marshal of the city in which the property, or a portion
      thereof,  is  situated,  or  if  it  is  not  situated in a city, to any
      constable of any town in the county, describing  the  manufactured  home
      and commanding the officer to remove the home from the manufactured home
      park  within  thirty days of delivery of the warrant. The actual cost of
      removing and subsequent destruction  of  the  home  shall  be  a  charge
      against the manufactured home park owner or operator.
        2.  The warrant shall clearly recite that a declaration of abandonment
      has been granted and that the home will be removed from the manufactured
      home park no later than the thirtieth day  after  the  delivery  of  the
      order.
        3.  In lieu of ordering the sheriff to remove the home, the court may,
      upon good cause shown, provide for an alternate disposition of the home,
      including, but not limited to destruction; provided,  however,  that  if
      the  court provides for the sale of the home, and the sale price exceeds
      any amounts owed to the manufactured home park owner  or  operator,  the
      excess  shall  be held in escrow for the benefit of the home owner. This
      subdivision shall not be construed to require the manufactured home park
      owner or operator to post a bond to secure the homeowner's equity in the
      home nor shall it be construed to require  the  manufactured  home  park
      owner  or operator to store the home on the premises of the manufactured
      home park.
        4. To the extent that any household goods or other  personal  property
      of  the  respondent  remain  in  the home at the time of its disposition
      hereunder, the manufactured  home  community  owner  or  operator  shall
      provide  for  the  storage of such household goods and personal property
      for a period of not less than three months from the date  of  the  final
      order  of  the  court  providing for the disposition of the home. In the
      event that the household goods or other personal property are stored  in
      a self-storage facility, an amount equal to the charges imposed for such
      storage  may  be  recovered  from the respondent. Upon the expiration of
      such period, the community owner or operator (a) shall have  no  further
      liability  for  the  storage  or  safekeeping of such household goods or
      personal property, and (b) may provide  for  the  destruction  or  other
      disposition of such household goods or personal property.