Legal Documents of Newport
Code of Newport
Title 12 Building, Utility, etc. Codes
Chapter 8 Unsafe Building Abatement Code
12-808 : Lien for expenses; sale of salvaged materials; other powers not limited.
The amount of the cost of such repairs, alterations or improvements, or vacating and closing, or removal or demolition by the public official shall be assessed against the owner of the property, and shall upon the filing of the notice with the officer of the Register of Deeds of Cocke County, be a lien on the property in favor of the municipality, second only to liens of the state, county and municipality for taxes, any lien of the municipality for special assessments, and any valid lien, right, or interest in such property duly recorded or duly perfected by filing, prior to the filing of such notice. These costs shall be collected by the municipal tax collector or county trustee at the same time and in the same manner as delinquent property taxes are collected. If the owner fails to pay the cost, they may be collected at the same time, in the same manner as delinquent property taxes are collected, and shall be subject to the same penalty and interest as delinquent property taxes. In addition, the municipality may collect the cost assessed against the owner through a action for debt filed in any court of competent jurisdiction. The municipality may bring one (1) action for debt against more than one (1) or all of the owners of properties against who said cost have been assessed and the fact that multiple owners have been joined in one action shall not be considered by the court as a misjoinder of parties. If the structure is removed or demolished by the public official, he or she shall sell the materials of such structure and shall credit the proceeds of such a sale against the cost of the removal or demolition, any balance remaining shall be deposited in the Chancery Court of Cocke County by the public official, shall be secured in such manner as may be directed by such court, and shall be disbursed by such court provided, however, that nothing in this section shall be construed to impair or limit in any way the power of the City of Newport to define and declare nuisances and to cause their removal or abatement, by summary proceedings or otherwise. (Ord. #03-01-14C, Jan. 2003)