Ordinance authorizing demolition of 365 Betts Rd (single family residence owned by Kenneth & Carol Bigda) & imposition of lien to recover County costs FOR REGISTRATION
Kimberly S. Hargrove
REGISTER OF DEEDS
Harnett-Countyy, NC
2017 OCT 18 09:56:02 AM
BK:3551 PG:72-74
FEE:$26.00
INSTRUMENT P 2017015655
TUESTER
II I In II 10111111111 FEUII 111
2017015655
COVER SHEET
Ordinance
RECORDED IN HARNETT COUNTY
KIMBERLY S HARGROVE
REGISTER OF DEEDS
-. , Harnett
COUNTY
NORTH CAROLINA www.harne2org
ORDINANCE AUTHORIZING DEMOLITION OF 365 BETTS ROAD
(SINGLE FAMILY RESIDENCE) AND IMPOSITION OF LIEN TO
RECOVER COUNTY COSTS
WHEREAS, the County of Harnett has received complaints about life safety issues and
potential code violations on the single-family residence located at 365 Betts Road, Holly
Springs,NC, owned by Kenneth James Bigda and wife, Carol Ann Bigda through deed
recorded in Book 996, Page 597, of the Harnett County Registry, and
WHEREAS, the concerns identified have included structural deterioration and collapse,
water intrusion, and other code violations that present clear life safety issues, and
WHEREAS, on April 13, 2016, the structure located at 365 Betts Road was posted in a
conspicuous place as unsafe and a certified letter was sent to the owners, Kenneth James Bigda
and Carol Aim Bigda on April 18, 2016 to order the structure not to be occupied, and to advise
the owner of the opportunity to present evidence concerning the structure at a hearing, which
was scheduled for April 28, 2016, and
WHEREAS, County staff conducted a hearing on April 28, 2016 in accordance with
N.C.G.S. 153A-368, and the owners, persons in interest, agents or attorneys did not appear
to submit evidence or participate therein, and
WHEREAS, based on the examination of the structure and the absence of evidence or
argument from Kenneth James Bigda and Carol Ann Bigda, the owners of 365 Betts Road, a
formal order was issued to demolish the structure on April 28, 2016, and a deadline of June
30, 2016 to demolish the structure was established as required by N.C.G.S. 153A-369, and
WHEREAS, Kenneth James Bigda and Carol Ann Bigda, the owners of 365 Betts Road, did
not appeal the April 28, 2016 order to the Harnett County Board of Commissioners, and
WHEREAS, no significant progress has occurred to demolish the structure, and it remains
in a similar condition as noted in April 2016. and
WHEREAS, in the interest of the public health, safety, and welfare, and despite the efforts by
Harnett County staff to resolve the outstanding life safety concerns, and as a result of the
owner having failed to comply with the order to demolish within the prescribe timeframe, the
County has determined that it is now necessary for the County to proceed with the demolition
of the single-family residence at 365 Betts Road, Holly Springs, NC, and
WHEREAS, the County has solicited bids for the demolition of the structure, and the low bid
is the sum of$6,295.00 for the demolition and removal of debris and materials of the single-
family residence, and
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strong roots • new growth
WHEREAS, the cost incurred by the County shall be a lien against the owners, Kenneth
James Bigda and wife, Carol Ann Bigda, and the real property located at 365 Betts Road,
Holly Springs, NC as conveyed to owners in Book 996, Page 597, Harnett County Registry,
and the County shall sell any usable materials and personal property, fixtures, and
appurtenances found in or attached to the structure and credit the proceeds of the sale toward
the costs and account to the owner,
NOW, THEREFORE BE IT ORDAINED by the Harnett County Board of Commissioners
that:
Section 1. Due to significant life safety concerns and pursuant to N.C.G.S. 153A-372,
the demolition of the single-family residential structure at 365 Betts Road, Holly Springs, NC,
(PIN 0646-40-0252.000) is hereby authorized, and County staff shall contract for and carry
out the demolition and removal of the structure in accordance with the terms of this Ordinance.
Section 2. Pursuant to N.C.G.S. 153A-372, and N.C.G.S. 153A-200, a lien equal to the
amount of the County's cost associated with the demolition and removal, less any credits due
the owner, shall be imposed against the real property located at 365 Betts Road, and the costs
shall be repaid to the County within 30 days following demolition and removal of the single-
family residential structure. If the County does not receive payment for said costs within 30
days, then all costs not paid to the County within 30 days shall accrue interest at a rate of 8%
per annum and said interest shall be added to the amount of the lien imposed, and the County
is authorized to foreclose its lien and recover all costs associated therewith including attorney's
fees and court costs.
Section 3. County shall sell the usable materials of the dwelling and credit the proceeds
against the cost of demolition and removal. If a surplus remains after the sale of materials and
satisfaction of the cost of removal or demolition, County shall deposit the surplus in the
Superior Court where it shall be secured and disbursed by the Court to the person found to be
entitled thereto by final order or decree of the Court.
Section 4. A certified copy of the Resolution and Ordinance be recorded in the Office
of the Harnett County Register of Deeds.
Section 5. This Ordinance shall become effective upon its adoption.
Adopted this the 16th day of October, 2017.
HARNE ' CO TY BO • ' P a COMMISSIONERS
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