If the owner of any residential property or child care facility who is notified pursuant to this article of a dangerous level of lead in paint or other surface-coating material present upon his premises refuses or does not satisfactorily correct or remove such dangerous conditions within the time specified by Section 44-53-1430, the director or his representative may:
- (1) Cause such building, structure or portion thereof to be made safe. For the purpose of removing the public health hazard, the director or his representative may immediately enter the structure or go upon the land on which it stands and with such assistance and at such cost as he deems necessary remove the nuisance. Cost incurred, if not paid by the property owner or agent, shall be borne by the State Budget and Control Board which shall acquire a lien on the property to the amount of such costs, which shall be recorded in the office of the clerk of court or register of deeds in the county where the property is situated and the lien shall be enforceable as a tax lien, junior in priority to any other prior recorded lien or mortgage on the property.
- (2) Upon request, and with the consent of the owner or his representative, obtain an order from a court of competent jurisdiction that the structure be declared unfit for human habitation and shall not be leased, rented or otherwise occupied as a residence or child care facility until such time as the lead poisoning conditions are abated.