Disposal of
Uninhabitable Mobile Homes in Kentucky

Introduction
Kentucky Legislation 
Resources for Disposal by County
Documents:

• "Options for Removing Unusable Mobile Homes
  - Landowner" (download) * 

• "Disposal of Uninhabitable Mobile Homes
  - County and Local Governments" (download)*

Presentation:

• "Disposal of Uninhabitable Mobile Homes - Success Using a Big Carrot and a Little Stick" (download)*

(Select a topic for additional information. Some resources link to other internet sites. KMHI is not responsible for the content of linked sites.)

The Kentucky Manufactured Housing Institute (KMHI) is providing this information as a public service to assist those who want to recycle or demolish uninhabitable mobile homes. There are many federal, state and local regulations which may apply with respect to the appropriate, safe and legal method to complete the process. KMHI does not warrant the information contained herein on a legal basis and would encourage the use of contractors who are properly registered and licensed with all of the appropriate agencies.
Any suggestions to improve this information are very welcome. Please contact Betty Whittaker, Assistant Executive Director of KMHI 502.223.0490 or Diane Korte, AICP, The Balance Group, the KMHI land use and zoning consultant, 540.886.8987.

Introduction
How do we rid our neighborhoods, countryside and commercial districts of derelict structures? This process will focus primarily on one portion of the overall problem of structural blight. Although there are unsafe, derelict commercial, and site built residential structures, cars, boats, trucking containers, RVs and other items cumbersome to dispose of, this discussion will be limited to programs for the removal of uninhabitable mobile homes.

Modern manufactured housing is no longer considered either mobile or disposable due to the improvements in architectural design, durability, safety, wind resistance, energy efficiency, ventilation, installation and the ability to appreciate in value. This should not be considered a never ending program. There have not been any pre-HUD Code mobile homes built for over 25 years.

However, there are many, very old mobile homes, built before 1976, or prior to the improvements brought about by the HUD Code, still out there. The term mobile homes, as distinguished from manufactured homes, is used because the vast majority of unsafe units are over 25 years old. Pre-HUD Code factory built housing is properly defined as a mobile home.

What demolition process is best for those that are uninhabitable or abandoned?    To assist a landowner and local governments with this confusing process, the KMHI has prepared 2 "How To" documents:

• Landowner: "Options for Removing Unusable Mobile Homes"

• County and Local Governments: "Disposal of Uninhabitable Mobile Homes - Success Using a Big Carrot and a Little Stick"

The Kentucky Manufactured Housing Institute appreciates the assistance of the following agencies and organizations in coordinating this information:

• State of Kentucky Division of Waste Management

• Solid Waste Coordinators of Kentucky (SWaCK)

• Kentucky Association of Counties (KACo)

• Kentucky County Judge Executive Association (KCJEA)

• Kentucky Council of Area Development Districts (KCADD)

• Kentucky League of Cities (KLC)

• Kentucky Chapter American Planning Association (KAPA)

• Code Administrators Association of Kentucky (CAAK)

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Kentucky Legislation

Senate Bill 109 (2004)
How can we prevent substandard units from coming into the State?
To address this issue, the Kentucky Manufactured Housing Institute worked hard to obtain passage of Senate Bill 109. This legislation was supported by the KMHI, the Kentucky Office of Housing, Buildings and Construction and the Office of the State Fire Marshal, Manufactured Housing Section. The state Manufactured Housing Certification and Licensure Board endorsed the legislation.

The most important element of the legislation provides a method for the regulatory agency to prevent previously-owned, old and unfit factory-built structures from being brought into Kentucky from surrounding states that already have regulation prohibiting such structures in their states. Kentucky has been a dumping ground for these unfit structures to light. This new law provides that previously-owned factory-built structures must be re-inspected and brought up to standards for human habitation.

House Bill 345 (2005)
A State law, enacted in 2005, HB 345, "an act relating to nuisance abatement", allows local governments a process to enforce proper disposal of old abandoned and uninhabited structures. This new law may work hand-in-hand with KMHI's efforts to help local jurisdictions and its members to "clean-up" these structures.

This law clarifies that these nuisance abatement standards apply to "One (1) or more mobile or manufactured homes as defined in KRS 227.550 that are junked, wrecked, or nonoperative and which are not inhabited;".

"Any city, county, consolidated local government, or urban-county may establish by ordinance reasonable standards and procedures for the enforcement of this section.".. "Proper notice shall be given to property owners before any action is taken pursuant to this section; and, prior to the demolition of any unfit or unsafe structure, the right to a hearing shall be afforded the property owner."

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Resources for Disposal by County

The KMHI has worked to address the confusion over demolishing old units.

• What is the easiest process?

• How can the costs be minimized?

• What information does a landowner need to encourage responsible demolition of unfit structures?

In discussions with Solid Waste Coordinators from various counties we discovered that the basic information needed for this process is unique in each county.

Therefore, we encourage each county to provide the basic information about construction and demolition landfills, recycling, and disposal of appliances, etc. to their constituents.
Here is a template for a handout that can be customized by a county to provide this information. In those counties that do not have a Solid Waste Coordinator, the County Judge Executives office seems to be the place people would turn.

Here is a list of landfills from the Kentucky Division of Waste Management. For the latest information, please go to: www.waste.ky.gov .
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* (pdf file, download free reader)

KMHI  (502) 223-0490  fax: (502) 223-7305  email: kmhi@kmhi.org
Copyright 2003-09 Kentucky Manufactured Housing Institute. All rights reserved.