GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2007

 

 

SESSION LAW 2008-59

SENATE BILL 1971

 

 

AN ACT to allow the cities of rocky mount and wilson to declare residential and nonresidential buildings in community development target areas unsafe and to have the option of removing or demolishing those buildings.

 

The General Assembly of North Carolina enacts:

 

SECTION 1.  G.S. 160A-425.1(d) reads as rewritten:

"(d)      This section applies to the Cities of Clinton, Durham, Fayetteville, Goldsboro, High Point, Lumberton, Rocky Mount, and Whiteville,Whiteville, and Wilson, and the Towns of Garner, Franklin, Hope Mills, Louisburg, and Spring Lake only."

SECTION 2.  G.S. 160A-432(a1) reads as rewritten:

"(a1)    [Removal of Building: Certain Localities.] - In the case of a residential building or nonresidential building or structure declared unsafe under G.S. 160A-425.1, a city may, in lieu of taking action under subsection (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 this Chapter. 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 the county where the property is located and shall be disbursed by the court to the person found to be entitled thereto by final order or decree of the court.

This subsection applies to the Cities of Clinton, Durham, Fayetteville, Goldsboro, High Point, and Lumberton,Lumberton, Rocky Mount, and Wilson, and the Towns of Garner, Franklin, Hope Mills, Louisburg, and Spring Lake."

SECTION 3.  This act is effective when it becomes law.

In the General Assembly read three times and ratified this the 7th day of July, 2008.

 

 

                                                                    s/ Beverly E. Perdue

                                                                         President of the Senate

 

 

                                                                    s/ Joe Hackney

                                                                         Speaker of the House of Representatives