A New Way to Deal with Dilapidated Mobile Homes

The Municipal Law and Finance Group recently advised a client regarding the use of a relatively new statute – 30-A M.R.S. § 3106 – which provides municipalities with authority to take possession and dispose of mobile homes that have been abandoned. While the statute uses the term “abandoned,” it seems to also include mobile homes that are in a substantial state of disrepair. Code Enforcement Officers should consult municipal counsel before using the statute for a mobile home that is still inhabited. 

Section 3106 provides that the municipal officers may take corrective action after determining at a hearing that a mobile home has been abandoned. Notice of the hearing must be published or delivered at least seven days prior. 

The standards for making this determination are listed in 14 M.R.S. § 6326 and allow for a determination of abandonment if doors and windows have been boarded up, broken, or left unlocked; trash and debris has accumulated on the mortgaged premises; the premises constitute a threat to public health or safety; or the premises are unfit for occupancy. Only one of these must be proven true in order for the municipal officers to make a lawful finding of abandonment. 

After making such a determination at the hearing, the municipal officers must order that the conditions be addressed. Contents for the order are outlined in the statute. The order must give the property owner 60 days to correct the situation. If that deadline passes without action, the municipal officers are authorized to take possession of the mobile home and dispose of, it as well as any personal property located inside. Costs of doing so, including legal and administrative costs, may be assessed to the owner as a special tax if they remain unpaid after 30 days. 

Experienced CEOs will notice many parallels between this procedure and the more commonly used “dangerous building” statute (17 M.R.S. § 2851). Both allow for the process to be conducted either by the municipal officers or in court, and both allow for costs to be assessed as a personal tax. However, because Section 3106 sets a lower trigger for action, provides clear authority to dispose of personal property, and is more directly addressed to mobile homes, we recommend its use when dealing with dilapidated mobile homes.

Maine Legislature Allows Recreational Marijuana Law to Go Fully into Effect

The Maine State Legislature today voted against legislation extending the moratorium that had held the citizens’ enacted recreational marijuana law from going into full effect since its enactment in November 2016 (it has been legal since early 2017 to possess up to 2.5 ounces of marijuana, grow your own plants, and to give gifts of marijuana to other people). The immediate effect of the law should be to spur the required state licensing rulemaking process to be completed. The law provides for licensing systems for retail and social clubs, and mandates that rulemaking procedures occur before those licenses are issued. Licenses will be required for retail sales, social clubs, production, and testing facilities. The State rulemaking proceeding will take a considerable amount of time to develop the rules. Under the new law, a municipal license is also required before any retail establishment can open. The State must provide all license applications on State forms.

The medical marijuana law is unaffected by the recreational marijuana law.

Undoubtedly many questions and issues will be arising about this and we will be updating this blog as things happen.