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Town attorney says tax lien is possible but collection uncertain for 602 Small Street abatement costs
Summary
Town clerk reported Attorney Sasnett advised that the town can file a Claim of Lien for abatement costs at 602 Small Street, but recovery is unlikely unless the property changes hands; adding nuisance-abatement fees would require explicit interlocal agreement language with the county.
Clerk April S. Alligood told the board that Attorney Sasnett had reviewed options for recovering costs the town might incur to abate nuisances at 602 Small Street. Attorney Sasnett said the town could file a Claim of Lien on the real property for abatement costs, but such claims are frequently unpaid unless the property is sold. Using a tax lien rather than a civil lien was discussed as an option, but additional authority to collect nuisance-abatement fees would need to be spelled out in the interlocal agreement with Beaufort County for the county to assist in collection.
The clerk was asked to research the town—s participation in the Debt Set-Off program and to consult further with the attorney on procedural steps and next actions if the town contracts out abatement work. The board took no immediate enforcement action at the meeting.
