§ 12-34. Equitable enforcement.

(a)

In the case of a nonresidential building or structure declared unsafe under this article, the city may, in lieu of seeking civil enforcement under G.S. § 160A-432(a), cause the building or structure to be removed or demolished. The amounts incurred by the city in connection with the removal or demolition shall be a lien against the real property upon which the cost was incurred. The lien shall be filed, have the same priority, and be collected in the same manner as liens for special assessments provided in Article 10 of Chapter 160A, G.S. If the building or structure is removed or demolished by the city, the city shall sell the usable materials of the building and any personal property, fixtures, or appurtenances found in or attached to the building. The city shall credit the proceeds of the sale against the cost of the removal or demolition. Any balance remaining from the sale shall be deposited with the clerk of superior court of Henderson County and shall be disbursed by the court to the person found to be entitled thereto.

(b)

Nothing in this section shall be construed to impair or limit the power of the city to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise.

(Ord. No. 04-1059, § 1, 10-7-04)