Ordinance authorizing demolition of 3254 Old Stage Rd South (Single-Family residence owned by William & Nannie Johnson (deceased)) & imposition of Lien to recover County costs FOR REGISTRATION
yEGISTRATgION
Kimberly S.
OFrDEEDS
Harnett County NC
2017 OCT 18 09:56:02 AM
BK:3551 PG:75-77
FEE:$26.00
INSTRUMENT U 2017015656
TUESTER
II I DI 1111
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11
2017015656
COVER SHEET
Ordinance
RECORDED IN HARNETT COUNTY
KIMBERLY S HARGROVE
REGISTER OF DEEDS
Harnett
COUNTY
NORTH CAROLINA www.hamen.org
ORDINANCE AUTHORIZING DEMOLITION OF 3254 OLD STAGE ROAD
SOUTH (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 3254 Old Stage Road South,
Erwin, NC, owned by William Charles Johnson (Deceased) and wife, Nannie Sue Johnson
(Deceased) and Jimmy D. Johnson and wife, Brenda B. Johnson (Deceased) through deed
recorded in Book 817, Page 616, of the Hamett County Registry, and
WHEREAS, the concerns identified have included severe fire damage, structural deterioration
and collapse, water intrusion, unrestricted access and other code violations that present clear life
safety issues, and
WHEREAS, on September 7, 2016, the structure located at 3254 Old Stage Road South was
posted in a conspicuous place as unsafe and a certified letter was sent to the owner, Jimmy D.
Johnson, on January 12, 2017 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 January 19, 2017, and
WHEREAS, County staff conducted a hearing with Jimmy D. Johnson, the owner of 3254 Old
Stage Road South, on January 19, 2017, and the owner was advised that a formal order would be
issued regarding the determination of corrective actions, and
WHEREAS, based on the discussion with Jimmy D. Johnson, the owner of 3254 Old Stage Road
South, a formal order was issued to demolish the structure on January 19, 2017, and a deadline
of March 24, 2017 to demolish the structure was established as required by NCGS 153A-369,
and
WHEREAS, Jimmy D. Johnson, the owner of 3254 Old Stage Road South, did not appeal the
January 19, 2017 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 September 2016, and
WHEREAS, in the interest of the public health, safety, and welfare, and despite repeated
efforts by the Harnett County staff to work cooperatively with the owner of the structure 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 3254 Old Stage Road South, Erwin, NC, and
WHEREAS, the County has solicited bids for the demolition of the structure, and the low bid is
the sum of$7,050.00 for the abatement of asbestos containing materials and demolition and
removal of debris and materials of the single-family residence, and
strong roots • new growth
WHEREAS, the cost incurred by the County shall be a lien against the owner, Jimmy D.
Johnson, and the real property located at 3254 Old Stage Road South, Erwin, NC as conveyed to
owner in Book 817, Page 616, 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 Hamett County Board of Commissioners that:
Section 1. Due to significant life safety concerns and pursuant to NCGS 153A-372, the
demolition of the single-family residence at 3254 Old Stage Road South, Erwin, NC, (PIN 0588-
71-3505.000) 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 NCGS 153A-372, and NCGS 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 3254 Old Stage Road South, 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 the 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
entitles 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.
,`m Lent. \* HARNETT COUNTY BOARD OF COMMISSIONERS
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t.rdon S.ri ' e, Ch: rman
ATTEST: i�r- r•��i
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Mar_:\ et Gina feeler, Clerk to the Board
www.hametlerg