residence. The additional lien provided in this Subsection is inferior to all prior liens and shall be collected as a money judgment.
(2) Offer for Sale for Recoverable Cost . If the nonresidential building or structure is removed or demolished by the Inspections Director or Code Enforcement Officer, the Inspections Director or Code Enforcement Officer shall offer for sale the recoverable materials of the building or structure and any personal property, fixtures or appurtenances found in or attached to the building or structure and shall credit the proceeds of the sale, if any, against the cost of the removal or demolition, and any balance remaining shall be deposited in the superior court by the Inspections Director or Code Enforcement Officer, shall be secured in a manner directed by the court, and shall be disbursed by the court to the persons found to be entitled thereto by final order or decree of the court. Nothing in this Subsection shall be construed to impair or limit in any way the power of the Town Board of Commissioners to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise.
l.
Ejectments
If any occupant fails to comply with an order to vacate a nonresidential building or structure, the Inspections Director or Code Enforcement Officer may file a civil action in the name of the Town to remove the occupant. The action to vacate shall be in the nature of summary ejectment and shall be commended by filing a complaint naming as parties-defendant any person occupying the nonresidential building or structure. (1) Summons . The Clerk of Superior Court shall issue a summons requiring the defendant to appear before a magistrate at a certain time, date, and place not to exceed 10 days for the issuance of the summons to answer the complaint. The summons and complaint shall be served as provided in North Carolina General Statutes §42-29. The summons shall be returned according to its tenor, and if on its return it appears to have been duly served and if at the hearing the Inspections Director or Code Enforcement Officer produces a certified copy of an ordinance adopted by the Town Board of Commissioners, pursuant to North Carolina General Statutes §160D-1127 to vacate the occupied nonresidential building or structure, the magistrate shall enter judgment ordering that the premises be vacated and all persons be removed. The judgment ordering the nonresidential building or structure be vacated shall be enforced in the same manner as the judgment for summary ejectment entered under North Carolina General Statutes §42-30. (2) Removal of Occupant . An action to remove an occupant of a nonresidential building or structure who is a tenant of the owner may not be in the nature of a summary ejectment proceeding pursuant to this Subsection unless the occupant was served with notice, at least
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