§ 160A-432. Enforcement. - North Carolina Statutes

§ 160A‑432. Enforcement.

(a)        [ActionAuthorized.] – Whenever any violation is denominated a misdemeanor under theprovisions of this Part, the city, either in addition to or in lieu of otherremedies, may initiate any appropriate action or proceedings to prevent,restrain, correct, or abate the violation or to prevent the occupancy of thebuilding or structure involved.

(a1)      Repealed by SessionLaws 2009‑263, s. 1, effective October 1, 2009.

(b)        Removal ofBuilding. – In the case of a building or structure declared unsafe under G.S.160A‑426 or an ordinance adopted pursuant to G.S. 160A‑426, a citymay, in lieu of taking action under subsection (a), cause the building orstructure to be removed or demolished. The amounts incurred by the city inconnection with the removal or demolition shall be a lien against the realproperty upon which the cost was incurred. The lien shall be filed, have thesame priority, and be collected in the same manner as liens for specialassessments provided in Article 10 of this Chapter. If the building orstructure is removed or demolished by the city, the city shall sell the usablematerials of the building and any personal property, fixtures, or appurtenancesfound in or attached to the building. The city shall credit the proceeds of thesale against the cost of the removal or demolition. Any balance remaining fromthe sale shall be deposited with the clerk of superior court of the countywhere the property is located and shall be disbursed by the court to the personfound to be entitled thereto by final order or decree of the court.

(b1)      Additional Lien. – Theamounts incurred by the city in connection with the removal or demolition shallalso be a lien against any other real property owned by the owner of thebuilding or structure and located within the city limits or within one mile ofthe city limits, except for the owner's primary residence. The provisions ofsubsection (b) of this section apply to this additional lien, except that thisadditional lien is inferior to all prior liens and shall be collected as amoney judgment.

(c)        [NonexclusiveRemedy.] – Nothing in this section shall be construed to impair or limit thepower of the city to define and declare nuisances and to cause their removal orabatement by summary proceedings, or otherwise.  (1969, c. 1065, s. 1; 1971,c. 698, s. 1; 2000‑164, s. 3; 2001‑386, s. 2; 2001‑448, s. 2;2002‑118, s. 2; 2003‑23, s. 1; 2003‑42, s. 1; 2004‑6,s. 1; 2007‑216, s. 2; 2008‑59, s. 2; 2009‑9, s. 2; 2009‑263,ss. 1, 3.)