§ 90.61 IN REM ACTION BY INSPECTOR; PLACARDING.

   After failure of an owner of a dwelling or dwelling unit to comply with an order of the Inspector issued pursuant to the provisions of §§ 90.45 through 90.66, and upon adoption by the City Council of an ordinance authorizing and directing him to do so, as provided by G.S. 160D-1203(4) and (5) and § 90.59(C), the Inspector shall proceed to cause the dwelling or dwelling unit to be repaired, altered, or improved to comply with the minimum standards of fitness established by §§ 90.45 through 90.66, or to be vacated and closed and removed or demolished, as directed by the ordinance of the City Council, and shall cause to be posted on the main entrance of the dwelling or dwelling unit a placard with the following words: "This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful." Each such ordinance shall be recorded in the office of the Register of Deeds of Stanly County and shall be indexed in the name of the property owner in the grantor index, as provided by G.S. 160D-1203(4) and (5).

(‘58 Code, § 4-128) (Am. Ord. 16-27, passed 8-15-16; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 21-40, passed 9-7-21)

§ 90.62 COSTS A LIEN ON PREMISES.

   (A)   As provided by G.S. 160D-1203(7), the amount of the cost of any repairs, alterations, or improvements, or vacating and closing, or removal or demolition, caused to be made or done by the Inspector pursuant to § 90.61 shall be a lien against the real property on which the cost was incurred. The lien shall be filed, have the same priority, and be enforced and the costs collected as provided by Article 10 of Chapter 160A of the General Statutes.

   (B)   If the real property upon which the cost was incurred is located in the City of Albemarle, then the amount of the cost is also a lien on any other real property of the owner located within the city limits or within one mile thereof 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 dwelling is removed or demolished by the public officer, the local government shall sell the materials of the dwelling, and any personal property, fixtures, or appurtenances found in or attached to the dwelling, and shall credit the proceeds of the sale against the cost of the removal or demolition, and any balance remaining shall be deposited in the Superior Court by the public officer, 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 local government to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise.

(‘58 Code, § 4-129) (Am. Ord. 16-27, passed 8-15-16; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 21-40, passed 9-7-21)

§ 90.63 ALTERNATIVE REMEDIES.

   (A)   Neither §§ 90.45 through 90.66, nor any provisions of those sections, shall be construed to impair or limit in any way the power of the city to define and declare nuisances and to cause their abatement by summary action or otherwise, or to enforce those sections by criminal process, and the enforcement of any remedy provided herein shall not prevent the enforcement of any other remedy or remedies provided herein or in other ordinances or laws.

   (B)   If any occupant fails to comply with an order to vacate a dwelling, the Building Inspector (hereinafter "public officer") may file a civil action in the name of the city to remove such occupant. The action to vacate the dwelling shall be in the nature of summary ejectment and shall be commenced by filing a complaint naming as parties-defendant any person occupying such dwelling. The Clerk of Superior Court shall issue a summons requiring the defendant to appear before a magistrate at a certain time, date and place, not to exceed ten days from the issuance of the summons to answer the complaint. The summons and complaint shall be served as provided in G.S. 42-29. The summons shall be returned according to its tenor, and if on its return it appears to have been duly served, and if at the hearing the public officer produces a certified copy of an ordinance adopted by the governing body pursuant to § 90.59(C)(2), authorizing the officer to proceed to vacate the occupied dwelling, the magistrate shall enter judgment ordering that the premises be vacated and that all persons be removed. The judgment ordering that the dwelling be vacated shall be enforced in the same manner as the judgment for summary ejectment entered under G.S. 42-30. An appeal from any judgment entered hereunder by the magistrate may be taken as provided in G.S. 7A-228, and the execution of such judgment may be stayed as provided in G.S. 7A-227. An action to remove an occupant of a dwelling who is a tenant of the owner may not be in the nature of a summary ejectment proceeding pursuant to this division, unless such occupant was served with notice at least 30 days before the filing of the summary ejectment proceeding that the governing body has ordered the public officer to proceed to exercise his duties under § 90.59 to vacate and close or remove and demolish the dwelling.

(‘58 Code, § 4-130) (Am. Ord. 04-23, passed 6- 21-04; Am. Ord. 16-27, passed 8-15-16; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 21-40, passed 7-9-21)

§ 90.64 APPEALS OF DECISIONS OR ORDERS OF THE INSPECTOR.

   Appeals from decisions or orders of the Inspector, as provided by §§ 90.45 through 90.66, may be taken to the Zoning Board of Adjustment. When considering appeals of decisions or orders of the Inspector, the Board shall perform the duties prescribed by § 90.59(D) and shall keep an accurate record of all its proceedings.

(‘58 Code, § 4-131) (Am. Ord. 16-27, passed 8-15-16; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 21-40, passed 9-7-21)

§ 90.65 CONFLICT WITH OTHER PROVISIONS.

   In the event any provision, standard, or requirement of §§ 90.45 through 90.66 is found to be in conflict with any provision of any other ordinance or code of the city, the provision which establishes the higher standard or more stringent requirement for the promotion and protection of the health and safety of the residents of the city shall prevail.

(‘58 Code, § 4-132) (Am. Ord. 16-27, passed 8-15-16; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 21-40, passed 9-7-21)