§ 4-42. Remedies; lien for cost of demolition and removal.  


Latest version.
  • In the event of such failure to comply, in addition to the penalties, remedies and enforcement procedures contained in chapter 1, section 1-14, general penalty; continuing violations and section 4-49 of this article, the inspector may cause such building and premises to be repaired, closed, vacated or demolished as appears appropriate.

    The inspector, however, shall not take such action until the city council shall have by ordinance ordered the inspector to proceed with such action with respect to the particular property or properties which the inspector shall have found to be unsafe or not in compliance with all standards of nonresidential building and premises fitness and which property or properties shall be described in the ordinance. No such ordinance shall be adopted to require demolition of a building until the owner has first been given a reasonable opportunity to bring it into conformity with this article. The ordinance adopted pursuant to this section shall be recorded in the office of the register of deeds of the appropriate county and shall be indexed in the name of the property owner or owners in the grantor index.

    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 a lien for special assessments provided in G.S. Article 10 of Chapter 160A. If the building is removed or demolished by the Inspector, he shall sell the materials of the building, and the personal property, fixtures or appurtenances found in or attached to the building, 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 of the decree of the court.

(Ord. of 9-23-02)