(A) Inspections. All buildings and premises as set forth in this code are subject to inspections by the Code Enforcement Officer or his designated representatives. Upon presentation of proper identification and credentials to the owner, agent or occupant in charge of the property and/or premises, and securing his oral or written permission, the Code Enforcement Officer and/or his representative may enter and make such inspections as necessary and permitted by law.
(1) If permission for entry for the purpose of inspections is denied, and no emergency exists, the Code Enforcement Officer shall, after presentation of probable cause, procure a Court Order or other writ for entry.
(2) In cases of emergency where immediate and significant hazards are known to exist which may involve potential loss of life or significant property damage, the above limitations will not apply. The Code Enforcement Officer shall have such powers as may be necessary to carry out and effectuate the purposes and provisions of this code, including, without limiting the generality of the foregoing, in addition to others herein granted, the following powers:
(a) Investigations. To investigate building conditions in the city in order to determine which buildings fail to meet the standards set forth herein.
(b) Oaths, witnesses, evidence. To administer oaths and affirmations and to examine witnesses and receive evidence.
(c) Right-of-entry. To enter upon and within buildings and their premises for the purpose of making examinations and investigations; provided, that such entries shall be made in such a manner as not cause significant inconvenience to the persons in possession.
(4) Delegation of functions. To delegate any of his functions and powers under this code to such officers and agents as he may designate.
(B) Hearing and notice of violation.
(1) Whenever it appears to the Code Enforcement Officer that a building is in violation of a provision of this code, he or she shall issue and cause to be served on the owner of and parties in interest in such building, including lien holders, if any, as shown by the records of the Register of Deeds of Stanly County, a complaint stating the charges in that respect and containing a notice that a hearing will be held before the Code Enforcement Officer, or his designated agent, at a place within the city therein fixed not less than ten days or more than 30 days after the serving of such complaint; that the owner and parties in interest shall be given a right to file an answer to the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint.
(2) Following such hearing, the Code Enforcement Officer shall dismiss the complaint or order compliance setting forth up to a maximum of 180 days within which to correct the violations and containing an outline of remedial action which, if taken, will effect compliance with the provisions of this code. Extensions of this time requirement may (such is discretionary) be issued by the Code Enforcement Officer with his or her agreement or by the Planning and Zoning Board or Historic Resources Commission, in the case of buildings of historical value, upon application by the property owner.
(a) If the Code Enforcement Official determines that the cost of repair, alteration, or improvement of the nonresidential building or structure would not exceed 50% of its then current value, then the Code Enforcement Official shall state in writing the findings of fact in support of such determination and issue an order that requires the owner, within a reasonable time specified in the order, to either: repair, alter or improve the nonresidential building or structure in order to bring it into compliance with the minimum standards established in this chapter; or vacate and close the nonresidential building or structure for any use.
(b) If the Code Enforcement Official determines that the cost of repair, alteration, or improvement of the nonresidential building or structure would exceed 50% of its then current value, then the Code Enforcement Official shall state in writing the findings of fact in support of such determination and issue an order that requires the owner, within a reasonable time specified in the order, to either: remove or demolish the nonresidential building or structure; or repair, alter or improve the nonresidential building or structure to bring it into compliance with the minimum standards established in this chapter.
(C) Content of notice. Such notice shall be in writing; specify in detail the violation or violations, together with the respective sections of this code being violated and contain an outline of remedial action which, if taken, will effect compliance with the provisions of this code.
(D) Service of notice and orders. Service of notice and orders shall be as follows:
(1) By delivery personally to one or more of the following:
(a) The at least one owner, operator or other party in interest of the property, or the person responsible; or
(b) By leaving the notice at the usual place of abode or business of the owner, operator, other party in interest or his agent;
(c) By depositing the notice in the United States Post Office addressed to the owner, operator, party in interest or his agent or persons responsible at his last known address (based on the tax listing information as furnished to Stanly County) with postage prepaid thereon, and certified or registered;
(d) In the event service of notice cannot be obtained in any of the above methods, by posting and keeping posted for 24 hours a copy of the notice in a conspicuous place on the premises where the violation has occurred and published once a week for three weeks in a newspaper of general circulation in the city such information as is necessary to inform an owner, operator, or other party in interest of the location of the premises and type of offense.
(2) No person shall deface or remove such notice without the consent of the Code Enforcement Officer.
(E) Violations and penalties. Any person, firm, corporation or agent who shall violate the provisions of this Code, or after due notice shall fail to comply with orders issued by the Code Enforcement Officer under the terms and provisions of the Code shall be subject to penalties pursuant to the civil penal provisions and/or criminal penalty provisions of the Code of Ordinances of the City of Albemarle. Such penalties shall continue to accrue until the Code Enforcement Officer has confirmed that all cited violations have been abated. Collection of all monetary penalties may be included in addition to the following remedies outlined below.
(F) Failure to comply with orders.
(1) If the owner or other party in interest fails to comply with an order to repair the building or structure, the Code Enforcement Officer may:
(a) Cause such structure to be repaired, and pending such repairs, may order such building vacated and closed.
(b) Cause to be posted on the main entrance of any structure so closed, a placard entitled “Notice of Condemnation” with the following words:
“Notice is hereby given that this building is in an unsafe and dangerous condition; may constitute a fire hazard by reason of structural defects and general state of decay, deterioration and disrepair; may be hazardous or dangerous to children or members of the public generally; or may be dangerously infested with vermin rodents or insects. Said building has been condemned under the building laws of the State of North Carolina and the City of Albemarle.”
(2) If the owner or other party in interest fails to comply with an order to remove or demolish the building, the Code Enforcement Officer may:
(a) Cause such structure to be remove or demolished.
(b) Cause to be posted, pending removal or demolition, on the main entrance of any structure a placard entitled "Notice of Condemnation" with the following words: "Notice is hereby given that this building is in an unsafe and hazardous condition; may constitute a fire hazard by reasons of structural defects and general state of decay, deterioration and disrepair; may be hazardous or dangerous to children or members of the public generally; or may be dangerously infested with vermin rodents or insects. Said building has been condemned under the building laws of the State of North Carolina and the City of Albemarle."
(3) The duties of the Code Enforcement Officer set forth in divisions (1) and (2) shall not be exercised until the City Council, by ordinance for each violation, shall have ordered the Code Enforcement Officer to proceed to effectuate the purpose of this chapter with respect to the particular structure which the Officer shall have found to be in violation of this Code. No such order shall be adopted to require demolition of a structure until the owner or other party in interest has first been given a reasonable opportunity to bring it into conformity with this article. Such order shall be recorded in the Office of the Register of Deeds where the building is located and shall be indexed in the name of the property owner in the grantor index.
(4) Cost becomes a lien.
(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 set out in G.S. 160A-216 et seq., G.S. Chapter 160D.
(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 structure is demolished and removed by the city, the City of Albemarle may sell the marketable materials of such structure and shall credit the proceeds of such sale against the cost of the demolition and removal and any balance remaining shall be deposited in the Superior Court by the city, and shall be secured in such manner as may be directed by such Court, and shall be disbursed by such Court to the persons found to be entitled thereto by final order or decree of such Court (in a special proceeding brought before the Clerk of Superior Court for said purpose).
(5) Nothing in this section shall be construed to impair or limit in any way the power of the city to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise, nor shall enforcement of one remedy provided herein prevent the enforcement of the other remedies provided herein.
(6) Nothing in this section shall be construed to impair or limit in any way the power of the Code Enforcement Officer in the proper enforcement of the duties of his office, as assigned, nor shall the enforcement of one remedy provided herein prevent the enforcement of other remedies provided or cited herein.
(7) It shall be unlawful for the owner or other party in interest of any structure to fail, neglect or refuse to repair or to vacate and close and demolish and remove the same, upon order of the Code Enforcement Officer duly made and served as herein provided, within the time specified in such order.
(G) If the building has been vacated and closed for a period of two years as the result of an order issued by a Code Enforcement Officer under division (B) of this section or an ordinance adopted pursuant to division (F) of this section, the City Council may make findings that the owner has abandoned the intent and purpose to repair, alter, or improve the building or structure and that the continuation of the building or structure in its vacated and closed status would be inimical to the health, safety, and welfare of the local government in that it would continue to deteriorate, would create a fire or safety hazard, would be a threat to children and vagrants, would attract persons intent on criminal activities, or would cause or contribute to blight and the deterioration of property values in the area. In the case of a vacant manufacturing facility or a vacant industrial warehouse, the building or structure must have been vacated and closed pursuant to an order or ordinance for a period of five years before City Council may take action under this section.
(1) Upon such findings, the City Council may enact an ordinance and serve such ordinance on the owner, setting forth the following:
(a) If the cost to repair the nonresidential building or structure to bring it into compliance with the minimum standards is less than or equal to 50% of its then current value, the ordinance shall require that the owner either repair or demolish and remove the building or structure within 90 days.
(b) If the cost to repair the nonresidential building or structure to bring it into compliance with the minimum standards exceeds 50% of its then current value, the ordinance shall require the owner to demolish and remove the building or structure within 90 days.
(2) If the owner fails to comply with the requirements of the ordinance, the Code Enforcement Officer shall demolish and remove the nonresidential building or structure.
(Ord. 20-01, passed 1-6-20; Am. Ord. 21-40, passed 9-7-21)