105-367. Procedure for levy.
(a) The levy upon the sale of tangible personal property for tax collection purposes (including levy and sale fees) shall be governed by the laws regulating levy and sale under execution except as otherwise provided in this section.
(b) The tax collector or any duly appointed deputy tax collector shall make the levy and conduct the sale; it shall not be necessary for the sheriff to make the levy or conduct the sale. However, upon the authorization of the governing body of the taxing unit, the tax collector may direct an execution against personal property for taxes to the sheriff in the case of county or municipal taxes or to a municipal policeman in the case of municipal taxes. In either case the officer to whom the execution is directed shall proceed to levy on and sell the personal property subject to levy in the manner and with the powers and authority normally exercised by sheriffs in levying upon and selling personal property under execution.
(c) In addition to the notice of sale required by the laws governing sale of property levied upon under execution, the tax collector may advertise the sale in any reasonable manner and for any reasonable period of time he deems necessary to produce an adequate bid for the property. The taxing unit shall advance the cost of all advertising.
(d) Levy and sale fees, plus actual advertising costs, shall be added to and collected in the same manner as taxes. The advertising costs, when collected, shall be used to reimburse the taxing unit for advertising costs it has advanced. Levy and sale fees, when collected, shall be treated in the same manner as other fees received by the collecting official. (1939, c. 310, s. 1713; 1951, c. 1141, s. 1; 1955, cc. 1263, 1264; 1957, c. 1414, ss. 2-4; 1969, c. 305; c. 1029, s. 1; 1971, c. 806, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 26 - Collection and Foreclosure of Taxes.
§ 105-349 - Appointment, term, qualifications, and bond of tax collectors and deputies.
§ 105-350 - General duties of tax collectors.
§ 105-351 - Authority of successor collector.
§ 105-352 - Delivery of tax receipts to tax collector; prerequisites; procedure upon default.
§ 105-353 - Place for collection of taxes.
§ 105-354 - Collections for districts and other units of local government.
§ 105-355 - Creation of tax lien; date as of which lien attaches.
§ 105-356 - Priority of tax liens.
§ 105-358 - Waiver of penalties; partial payments.
§ 105-361 - Statement of amount of taxes due.
§ 105-362 - Discharge of lien on real property.
§ 105-363 - Remedies of cotenants and joint owners of real property.
§ 105-364 - Collection of taxes outside the taxing unit.
§ 105-365 - Preference accorded taxes in liquidation of debtors' estates.
§ 105-365.1 - When and against whom collection remedies may be used.
§ 105-366 - Remedies against personal property.
§ 105-367 - Procedure for levy.
§ 105-368 - Procedure for attachment and garnishment.
§ 105-369 - Advertisement of tax liens on real property for failure to pay taxes.
§ 105-374 - Foreclosure of tax lien by action in nature of action to foreclose a mortgage.
§ 105-375 - In rem method of foreclosure.
§ 105-377 - Time for contesting validity of tax foreclosure title.