NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

 

 

CHAPTER 367

HOUSE BILL 670

 

AN ACT TO AUTHORIZE THE TOWN OF SOUTHERN PINES TO AFFIX A LIEN AGAINST RESIDENTIAL PROPERTY UPON PETITION OF THE OWNER FOR IMPROVEMENTS IN ASSOCIATION WITH THE TOWN'S COMMUNITY DEVELOPMENT PROGRAM.

 

The General Assembly of North Carolina enacts:

 

Section 1. In addition to any other powers and authority heretofore granted by general law or local act the Town Council of the Town of Southern Pines is hereby authorized and empowered to make improvements to residential property, including connection to water and sewer lines, and to affix a lien to the benefitting property for the cost of making such improvements and providing such services, upon receipt of a petition from the property owner or owners, and determination that the proposed work is in compliance with federal, State and local rules and regulations pertaining to Community Development Block Grants.

Sec. 2. The authority granted by this section shall be exercised only upon petition by the owner or owners of such benefitting property. Such petition shall be upon a form approved by the town council and shall contain:

a.         A description of the improvements and/or service or services requested, and

b.         A description of the property to be improved or served, and the anticipated cost of furnishing such services, and

c.         An acknowledgement by the owner or owners that they understand that the cost of such improvements will become a lien against their property, and

d.         Such other information as may be required by the town council.

Sec. 3. The town council may approve or deny such petition submitted. If any such petition shall be approved by the town council, the town clerk shall mark upon the face of such petition such words as shall indicate such approval by the town council and the date and time of the approval.

Sec. 4. From and after approval of any petition submitted pursuant to this section, a lien in favor of the town shall exist upon the property described in such petition for the amount stated An such petition as the anticipated cost of furnishing such improvements and services. Such liens shall be inferior to all prior and subsequent federal, State, county and municipal tax liens of record, but superior to all others. This lien may be collected by foreclosure in the same manner as provided by law for the foreclosure of liens for special assessments. Any foreclosure proceeding instituted pursuant to this section shall be deemed a proceeding in rem and no mistake or omission as to the name of any owner or person interested in any lot or parcel of land affected thereby shall be regarded as a substantial mistake or omission. No change of ownership shall affect any lien created pursuant to this section.

Sec. 5. The amount of the lien affixed pursuant to the act for the purpose of improving residential dwellings shall not exceed the valuation for ad valorem tax purposes of the land and improvements which are benefited.

Sec. 6. The owner or owners submitting such a petition to the town council shall also have the option of removing the lien from their property by either a lump sum payment or completion of an installment payment plan of the cost of the improvements and services.

Sec. 7. If the town council shall determine that the actual cost of furnishing the improvements and services provided for in any approved petition shall have exceeded the amount originally stated in such petition as the anticipated cost of providing such improvements or services, the town council may, by resolution, amend the approved petition to set forth the correct costs. The town council's determination of such actual costs shall be deemed conclusive. Upon amendment as provided by this subsection, the petition shall be deemed effective as if originally submitted with the amended costs set forth therein. A copy of any resolution enacted pursuant to this subsection shall be mailed or personally delivered to the owner or owners of such property at their last known address.

Sec. 8. Any petition approved by the town council and any amendment thereof shall be filed in the office of the town clerk. The town clerk shall maintain a record of such approved petitions and amendments thereof and such records shall be available to public view during regular business hours.

Sec. 9. If the actual cost of providing the services requested in any approved petition shall be less than the costs set forth in such petition as anticipated costs, the town council may, by resolution, amend the approved petition to set forth the correct costs under the same procedures as outlined in Section 7 above. Provided, however, any anticipated costs set forth in the approved petition which shall have been determined under any schedule of charges approved by the town council shall, for the purpose of this section, be deemed the actual costs of providing such service.

Sec. 10. All laws and clauses of laws in conflict with this act are hereby repealed.

Sec. 11. This act shall apply only to the Town of Southern Pines and is supplementary to all other powers and authority possessed by the Town of Southern Pines and is not in substitution thereof.

Sec. 12.  This act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 22nd day of May, 1975.