(A) The expense of the action shall be paid by the person in default. If the expense is not paid, it is a lien on the land or premises where the nuisance occurred. A lien established pursuant to this division shall have the same priority and be collected as unpaid ad valorem taxes.
(B) Liens on residential and non-residential buildings. The amount of the cost of repairs, alterations or improvements, or vacating and closing, or removal or demolition by the inspector shall be a lien against the real property upon which the cost was incurred, which lien shall be filed, have the same priority, and be collected as the lien for special assessment provided in G.S. Chapter 160A, Art. 10.
(C) Additional lien created in actions about residential buildings. Where the original action was brought against a dwelling(s), the expense of the action is also a lien on any other real property owned by the person in default within the town limits or within one mile of the town limits, except for the person's primary residence. A lien established pursuant to this division is inferior to all prior liens and shall be collected as money judgment. This division shall not apply if the person in default can show that the nuisance was created solely by the actions of another.
(D) The inspector will notify the Town Attorney to write a notice of lien and cause it to be recorded in the County registry and/or judgments.
(E) Cost recovery in the case of actions against non-residential buildings. If the dwelling is removed or demolished by the inspector, he or she shall sell the materials of the dwelling, and any personal property, fixtures or appurtenances found in or attached to the dwelling, and shall credit the proceeds of the sale against the cost of the removal or demolition and any balance remaining shall be deposited in the Superior Court by the inspector, shall be secured in a manner directed by the court, and shall be disbursed by the court to the persons found to be entitled thereto by final order or decree of the court. Nothing in this section shall be construed to impair or limit in any way the power of the city to define and declare nuisances and to cause their removal or abatement by summary proceedings, or otherwise.
(Ord. passed 3-17-2015; Am. Ord. passed 8-15-2022)
Statutory reference:
Additional lien created in actions about residential buildings, see G.S. § 160A-193.