If the manufactured dwelling or personal property, as applicable, is presumed to be abandoned under Section 35-12-8, the manufactured dwelling community owner then may do any of the following:
(1) Sell the manufactured dwelling or personal property, as applicable, at a public or private sale, provided that prior to the sale of a manufactured dwelling:
a. The manufactured dwelling community owner may seek to transfer the certificate of title and registration to the manufactured dwelling by complying with the requirements of the appropriate state agency, specifically Section 32-8-46
b. The manufactured dwelling community owner shall do all of the following:
1. Place a notice in a newspaper of general circulation in the county in which the manufactured dwelling is located. The notice shall state all of the following:
(i) That the manufactured dwelling is abandoned. The manufactured dwelling shall be described with reasonable certainty.
(ii) The tenant's and owner's name if of record or actually known to the manufactured dwelling community owner.
(iii) The address and any space number where the manufactured dwelling is located, and if actually known to the manufactured dwelling community owner, the plate, registration, or other identification number as noted on the certificate of title.
(iv) Whether the sale is by private bidding or public auction.
(v) Whether the manufactured dwelling community owner is accepting sealed bids and, if so, the last date on which bids will be accepted.
(vi) The name and telephone number of the person to contact to inspect the manufactured dwelling.
2. With regard to personal property, including the contents of the manufactured dwelling and any personal property left on the rented space outside a manufactured dwelling, the manufactured dwelling community owner shall store the abandoned personal property as provided for in Section 35-12A-6. Prior to selling or disposing of the personal property, the manufactured dwelling community owner must hold the personal property for 45 days after notifying the tenant or the tenant's designated agent at the last known address of the tenant or the tenant's agent by certified mail, verified by return receipt, or by delivering a copy of the notice to the last known address of the tenant or the tenant's agent. The manufactured dwelling community owner is entitled to reasonable storage charges as provided in Section 35-12A-6 prior to surrendering the property to the tenant or the tenant's agent.
3. At a reasonable time prior to the sale, give a copy of the notice required by subparagraph 1. to the tenant, owner, and any lienholder by certified or registered mail, verified by return receipt, or alternatively, in the case of a tenant, by personal service.
4. Obtain an affidavit of publication from the newspaper to show that the notice required under subparagraph 1. was published in the newspaper at least one day in each of two consecutive weeks prior to the date scheduled for the sale or the last date bids will be accepted.
5. Obtain a written statement from the appropriate county tax official indicating whether all property taxes on the manufactured dwelling have been paid or, if not paid, the amount then outstanding.
(2) Destroy or otherwise dispose of the manufactured dwelling or personal property if the manufactured dwelling community owner reasonably determines the following:
a. For a manufactured dwelling, the current tax-assessed value is one thousand five hundred dollars ($1,500) or less.
b. For all other personal property, the current fair market value is seven hundred fifty dollars ($750) or less or so low that the cost of storage and conducting a public sale exceeds the amount that would be realized from the sale.
(3) Consistent with subdivisions (1) and (2), sell certain items and destroy or otherwise dispose of the remaining personal property.
If the manufactured dwelling or personal property, as applicable, is presumed to be abandoned under Section 35-12-8, the manufactured dwelling community owner then may do any of the following:
(1) Sell the manufactured dwelling or personal property, as applicable, at a public or private sale, provided that prior to the sale of a manufactured dwelling:
a. The manufactured dwelling community owner may seek to transfer the certificate of title and registration to the manufactured dwelling by complying with the requirements of the appropriate state agency, specifically Section 32-8-46
b. The manufactured dwelling community owner shall do all of the following:
1. Place a notice in a newspaper of general circulation in the county in which the manufactured dwelling is located. The notice shall state all of the following:
(i) That the manufactured dwelling is abandoned. The manufactured dwelling shall be described with reasonable certainty.
(ii) The tenant's and owner's name if of record or actually known to the manufactured dwelling community owner.
(iii) The address and any space number where the manufactured dwelling is located, and if actually known to the manufactured dwelling community owner, the plate, registration, or other identification number as noted on the certificate of title.
(iv) Whether the sale is by private bidding or public auction.
(v) Whether the manufactured dwelling community owner is accepting sealed bids and, if so, the last date on which bids will be accepted.
(vi) The name and telephone number of the person to contact to inspect the manufactured dwelling.
2. With regard to personal property, including the contents of the manufactured dwelling and any personal property left on the rented space outside a manufactured dwelling, the manufactured dwelling community owner shall store the abandoned personal property as provided for in Section 35-12A-6. Prior to selling or disposing of the personal property, the manufactured dwelling community owner must hold the personal property for 45 days after notifying the tenant or the tenant's designated agent at the last known address of the tenant or the tenant's agent by certified mail, verified by return receipt, or by delivering a copy of the notice to the last known address of the tenant or the tenant's agent. The manufactured dwelling community owner is entitled to reasonable storage charges as provided in Section 35-12A-6 prior to surrendering the property to the tenant or the tenant's agent.
3. At a reasonable time prior to the sale, give a copy of the notice required by subparagraph 1. to the tenant, owner, and any lienholder by certified or registered mail, verified by return receipt, or alternatively, in the case of a tenant, by personal service.
4. Obtain an affidavit of publication from the newspaper to show that the notice required under subparagraph 1. was published in the newspaper at least one day in each of two consecutive weeks prior to the date scheduled for the sale or the last date bids will be accepted.
5. Obtain a written statement from the appropriate county tax official indicating whether all property taxes on the manufactured dwelling have been paid or, if not paid, the amount then outstanding.
(2) Destroy or otherwise dispose of the manufactured dwelling or personal property if the manufactured dwelling community owner reasonably determines the following:
a. For a manufactured dwelling, the current tax-assessed value is one thousand five hundred dollars ($1,500) or less.
b. For all other personal property, the current fair market value is seven hundred fifty dollars ($750) or less or so low that the cost of storage and conducting a public sale exceeds the amount that would be realized from the sale.
(3) Consistent with subdivisions (1) and (2), sell certain items and destroy or otherwise dispose of the remaining personal property.
If the manufactured dwelling or personal property, as applicable, is presumed to be abandoned under Section 35-12-8, the manufactured dwelling community owner then may do any of the following:
(1) Sell the manufactured dwelling or personal property, as applicable, at a public or private sale, provided that prior to the sale of a manufactured dwelling:
a. The manufactured dwelling community owner may seek to transfer the certificate of title and registration to the manufactured dwelling by complying with the requirements of the appropriate state agency, specifically Section 32-8-46
b. The manufactured dwelling community owner shall do all of the following:
1. Place a notice in a newspaper of general circulation in the county in which the manufactured dwelling is located. The notice shall state all of the following:
(i) That the manufactured dwelling is abandoned. The manufactured dwelling shall be described with reasonable certainty.
(ii) The tenant's and owner's name if of record or actually known to the manufactured dwelling community owner.
(iii) The address and any space number where the manufactured dwelling is located, and if actually known to the manufactured dwelling community owner, the plate, registration, or other identification number as noted on the certificate of title.
(iv) Whether the sale is by private bidding or public auction.
(v) Whether the manufactured dwelling community owner is accepting sealed bids and, if so, the last date on which bids will be accepted.
(vi) The name and telephone number of the person to contact to inspect the manufactured dwelling.
2. With regard to personal property, including the contents of the manufactured dwelling and any personal property left on the rented space outside a manufactured dwelling, the manufactured dwelling community owner shall store the abandoned personal property as provided for in Section 35-12A-6. Prior to selling or disposing of the personal property, the manufactured dwelling community owner must hold the personal property for 45 days after notifying the tenant or the tenant's designated agent at the last known address of the tenant or the tenant's agent by certified mail, verified by return receipt, or by delivering a copy of the notice to the last known address of the tenant or the tenant's agent. The manufactured dwelling community owner is entitled to reasonable storage charges as provided in Section 35-12A-6 prior to surrendering the property to the tenant or the tenant's agent.
3. At a reasonable time prior to the sale, give a copy of the notice required by subparagraph 1. to the tenant, owner, and any lienholder by certified or registered mail, verified by return receipt, or alternatively, in the case of a tenant, by personal service.
4. Obtain an affidavit of publication from the newspaper to show that the notice required under subparagraph 1. was published in the newspaper at least one day in each of two consecutive weeks prior to the date scheduled for the sale or the last date bids will be accepted.
5. Obtain a written statement from the appropriate county tax official indicating whether all property taxes on the manufactured dwelling have been paid or, if not paid, the amount then outstanding.
(2) Destroy or otherwise dispose of the manufactured dwelling or personal property if the manufactured dwelling community owner reasonably determines the following:
a. For a manufactured dwelling, the current tax-assessed value is one thousand five hundred dollars ($1,500) or less.
b. For all other personal property, the current fair market value is seven hundred fifty dollars ($750) or less or so low that the cost of storage and conducting a public sale exceeds the amount that would be realized from the sale.
(3) Consistent with subdivisions (1) and (2), sell certain items and destroy or otherwise dispose of the remaining personal property.
