§ 38-29-204 — Certificate of destruction

(1) (a) If a manufactured home is
destroyed, dismantled, or sold or otherwise disposed of as salvage on or after July 1,
2008, the owner of the manufactured home or the person on whose real property
the manufactured home is situated shall file a certificate of destruction.

(b) If the certificate of destruction accompanies an application to cancel a
certificate of title pursuant to section 38-29-118 (1), the certificate shall be filed
with the authorized agent for the county or city and county in which the
manufactured home is or was located. The authorized agent, in his or her capacity
as the clerk and recorder, shall file and record the certificate of destruction in his or
her office.

(c) If an application to cancel a certificate of title is not required pursuant to
section 38-29-118 (1) because no certificate of title was ever issued or because the
title has been purged, the certificate of destruction shall be filed with the county
clerk and recorder for the county or city and county in which the manufactured
home is or was located. The clerk and recorder shall file and record the certificate
of destruction in his or her office.

(d) (I) Notwithstanding any other provision of law, if a manufactured home
has been deemed materially dangerous or materially hazardous, pursuant to local
building or health codes by a governmental entity, the person on whose real
property the manufactured home is situated may file and record a certificate of
destruction without attaching a certificate of taxes due or an authentication of paid
ad valorem taxes and without surrendering a certificate of title or filing an
application to cancel a certificate of title. Any certificate of destruction filed and
recorded pursuant to this paragraph (d) shall be accompanied by the evidence of
violation.

(II) The certificate of destruction and the evidence of violation shall be filed
and recorded with the clerk and recorder for the county or city and county in which
the manufactured home is or was located. The clerk and recorder shall file and
record the certificate of destruction and the evidence of violation in his or her
office.

(III) For purposes of this paragraph (d):

(A) Evidence of violation means a notice and order from a governmental
entity that a manufactured home has been deemed materially dangerous or
materially hazardous pursuant to local building or health codes and that all
applicable cure periods have expired.

(B) Governmental entity means any federal agency, the state, or any
county, town, city, or city and county.

(2) The property tax administrator shall establish the form of the certificate
of destruction. In addition to any other information that the administrator may
require, the certificate shall include the following:

(a) The name and mailing address of the owner of the manufactured home;

(b) The name and mailing address of each holder of a security interest in the
manufactured home and all holders of a lien against the real property on which the
manufactured home was affixed or permanently located;

(c) The identification number of the manufactured home;

(d) The manufacturer or make and year of the manufactured home;

(e) Attached to the certificate of destruction, a certificate of taxes due, or an
authentication of paid ad valorem taxes, issued by the county treasurer of the
county in which the manufactured home is located;

(f) The legal description of the real property on which the manufactured
home was affixed or permanently located prior to destruction;

(g) A book and page or reception number reference for a certificate of
permanent location that was previously filed related to the manufactured home, if
any;

(h) Consent of all lienholders to the destruction of the manufactured home,
or proof that a request for such consent was sent by certified mail to such
lienholders, along with proof that a copy of the request for such consent was
mailed to the owner if the certificate of destruction is filed by the person on whose
real property the manufactured home is situated, at their last-known address and a
notarized declaration, signed under penalty of perjury, that no response was
received from any such lienholders within thirty days of the date of the mailing of
the notice;

(i) Release of all holders of a mortgage to the extent that the mortgage
applies to the manufactured home, or proof that a request for such consent was
sent by certified mail to such mortgage holders at their last-known address and a
notarized declaration, signed under penalty of perjury, that no response was
received within thirty days of the date of the mailing of the notice; and

(j) Verification that the manufactured home has been destroyed, dismantled,
or sold or otherwise disposed of as salvage.

(3) The certificate of destruction shall be acknowledged and shall contain or
be accompanied by a written declaration that the statements made therein are
made under the penalties of perjury in the second degree, as defined in section 18-8-503, C.R.S.

(4) Any owner or person on whose real property the manufactured home is
situated who fails to file a properly completed certificate of destruction when
required pursuant to this section shall be responsible for all actual damages
sustained by any affected party related to the manufactured home being
destroyed, dismantled, or sold or otherwise disposed of as salvage.

Legislative History

Source: L. 2008: Entire part added, p. 450, � 9, effective July 1. L. 2011: (1)(a), (2)(h), and (4) amended and (1)(d) added, (HB 11-1174), ch. 91, p. 269, � 1, effective August 10.