(A) Scope. This section authorizes the demolition and removal of nonresidential buildings and structures as enacted by the General Assembly of North Carolina. "Unsafe buildings" shall mean buildings that fall within the statutory definitions as set forth in G.S. 160D-1119.
(B) Findings (Unsafe Buildings Condemned). Pursuant to G.S. 160D-1119 (Unsafe Buildings Condemned) every building which shall appear to the Code Enforcement Officer to be dangerous to life because of its propensity for fire or because of defective condition of walls, roof systems, floor systems, overloaded floors, defective construction, decay, unsafe wiring or heating system, inadequate means of egress, or other causes, shall be deemed or ruled to be unsafe and the inspector shall affix a notice of the dangerous character of the structure to a conspicuous place on the exterior wall of said building.
(1) Nonresidential building or structure. The Code Enforcement Officer may declare a nonresidential building or structure within a “Community Development Target Area” to be unsafe if it meets both of the following conditions:
(a) It appears to the inspector to be vacant or abandoned;
(b) It appears to the inspector to be in such dilapidated condition as to cause or contribute to blight, disease, vagrancy, fire or safety hazard, to be a danger to children, or to tend to attract persons intent on criminal activities or other activities which should constitute a public nuisance.
(2) If the Code Enforcement Officer declares a nonresidential building or structure to be unsafe, the Code Enforcement Officer must affix a notice of the unsafe character of the structure (condemnation) to a conspicuous place on the exterior wall of the building.
(3) For the purposes of this section, the term “Community Development Target Area” means a “nonresidential development area” under G.S. 610D-1119(c) and G.S. 143D-437.09.
(C) Action in event of failure to take corrective action. If the owner of a building or structure that has been condemned as unsafe pursuant to G.S. 160D-1119 shall fail to take prompt corrective action, the Code Enforcement Officer shall give the owner written notice, by certified or registered mail to his last known address or by personal service.
(1) That the building or structure is in a condition that appears to meet one or more of the following conditions:
(a) Constitutes a fire or safety hazard;
(b) Is dangerous to life health or other property;
(c) Is likely to cause or contribute to blight, disease, vagrancy, or danger to children; and
(d) Has a tendency to attract persons intent on criminal activities or other activities which would constitute a public nuisance.
(2) That a hearing will be held before the Code Enforcement Officer at a designated place and time, not less than ten days or more than 30 days after the date of the notice, at which time the owner shall be entitled to be heard in person or by representative and to present arguments and evidence pertaining to the matter; and
(3) That following the hearing, the Code Enforcement Officer may issue such order to repair, close, vacate or demolish the building or structure as appears appropriate.
(4) If the name or whereabouts of the owner cannot after due diligence be discovered, the notice shall be considered properly and adequately served if a copy thereof is posted on the outside of the building or structure in question at least ten days prior to the hearing and a notice of the hearing is published in a newspaper having general circulation in the city at least once not later than one week prior to the hearing.
(D) Civil and equitable enforcement. Per G.S. 160D-1124 and G.S. 160D-1125:
(1) Civil enforcement. Whenever any violation is denominated a misdemeanor under the provisions of this section, the city, either in addition to, or in lieu of other remedies, may initiate any appropriate action or proceedings to prevent, restrain, correct or abate the violation or to prevent the occupancy of the building or structure involved.
(2) Equitable enforcement. In the case of a nonresidential building or structure declared unsafe under G.S. 160D-1119(b), the City of Albemarle may in lieu of taking action under division (D)(1), cause the building or structure to be removed or demolished pursuant to G.S. 160D-1125(b).
(a) The amount of the cost of repairs, alterations, or improvements, or vacating and closing, or removal or demolition by the Code Enforcement Officer shall be a lien against the real property upon which the cost was incurred, which lien shall be filed, have the same priority, and be collected as the lien for special assessment provided in G.S. Ch. 160A, Art. 10.
(b) The amount of the cost of repairs, alterations or improvements, or vacating and closing, or removal or demolition by the administrator shall be a lien on any other real property of the owner located within the city limits except for the owner's primary residence. The additional lien provided in this division is inferior to all prior liens and shall be collected as a money judgment.
(c) If the nonresidential building or structure is removed or demolished by the administrator, the administrator 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 administrator, 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 section shall be construed to impair or limit in any way the power of the Council to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise.
(d) If the building or structure is removed or demolished by the City of Albemarle, the city, may in its sole discretion, reasonably exercise its right to sell the usable materials of the building and any usable property, fixtures or appurtenances found in or attached to the building. The city shall credit the proceeds of the sale against the cost of the removal or demolition. Any balance remaining from the sale shall be deposited with the Clerk of Superior Court for Stanly County, and shall be disbursed by the Court to the person found to be entitled thereto by final order or decree of the court.
(3) Non-limiting power of declaration. Nothing in this section shall be construed to impair or limit the power of the City of Albemarle to define and declare nuisances and to cause their removal or abatement by summary proceedings, or otherwise.
(4) Bond for repair or demolition. A surety in the form of performance bond or letter of credit may be required by the Code Enforcement Officer to insure completion of the required repairs or to cover the cost of securing and demolition of a structure. The surety shall be issued to the city and shall be accompanied by a signed agreement between all parties including the necessary work to be completed and the estimated time for the owner to complete such work as determined by the Code Enforcement Officer. The amount of the surety will be a minimum of one and one-half times the estimated cost of the required repairs or demolition as determined by the Code Enforcement Officer. The bond or letter of credit must be drawn from an institution licensed to do business in North Carolina and valid for the time period provided by the Code Enforcement Officer. If work has not been completed by the agreed upon date then the Code Enforcement Officer is authorized to use necessary funds from the surety to ensure that the work is completed, including hiring contract labor for the purpose of all necessary repairs and/or demolition such that the requirements of this chapter are met.
(5) Receivership. In cases where owners have documented non-compliance to repair or otherwise abate violations on vacant properties or at the request of the owners of such property, the City Council may petition the Superior Court for appointment of a receiver of said property for the purposes of abating or contracting the abatement of said nuisances. Receiver of property shall be entitled to all forms and methods of repayment of expenses and shall be responsible for all aspects of property as legally afforded under related state statutes.
(E) G.S. 160D-1123 - Appeal; finality of order if not appealed. Any owner who has received an order under G.S. 160D-1122 may appeal from the order to the Albemarle Planning and Zoning Board by giving notice of appeal in writing to the Code Enforcement Officer within ten days of notification of the order. In the absence of an appeal, the order of the Code Enforcement Officer shall be final. The Planning and Zoning Board shall hear and render a decision in an appeal within a reasonable time. All appeals shall adhere to quasi-judicial procedures and shall consider only the Code Enforcement Officer's interpretation of the City Code related to the order. The Board may affirm, modify and affirm, or revoke the order.
(F) A violation of this section is punishable as a misdemeanor.
(Ord. 20-01, passed 1-6-20; Am. Ord. 21-40, passed 9-7-21; Am. Ord. 22-01, passed 1-3-22)