§ 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)

§ 90.66 VIOLATIONS; PENALTY.

   It shall be unlawful for the owner of any dwelling or dwelling unit to fail, neglect, or refuse to repair, alter, or improve the dwelling, or to vacate and close and remove or demolish the dwelling, on order of the Inspector duly made and served as herein provided within the time specified in the order, and each day that any such failure, neglect, or refusal to comply with the order continues shall constitute a separate and distinct offense. It shall be unlawful for the owner of any dwelling or dwelling unit with respect to which an order has been issued pursuant to § 90.59 to occupy or permit the occupancy of the dwelling after the time prescribed in the order for its repair, alteration, or improvement or its vacation and closing, and each day that the occupancy continues after the prescribed time shall constitute a separate and distinct offense. A violation of this section is punishable as a misdemeanor.

(‘58 Code, § 4-133) (Am. Ord. 16-27, passed 8-15-16; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 21-40, passed 9-7-21; Am. Ord. 22-01, passed 1-3-22) Penalty, see § 10.99

REPAIR, CLOSING, OR DEMOLITION OF ABANDONED STRUCTURES

§ 90.75 FINDINGS; INTENT.

   It is hereby found that there exist within the city abandoned structures which the City Council finds to be hazardous to the health, safety, and welfare of the residents of the city due to the attraction of insects or rodents, conditions creating a fire hazard, dangerous conditions constituting a threat to children, or frequent use by vagrants as living quarters in the absence of sanitary facilities. Therefore, pursuant to the authority granted by G.S. 160D-1201(b), it is the intent of §§ 90.75 through 90.83 to provide for the repair, closing, or demolition of any abandoned structures in accordance with the same provisions and procedures as are set forth by law for the repair, closing, or demolition of dwellings unfit for human habitation

(Ord. 83-3, passed 1-17-83; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 21-40, passed 7-9-21)

§ 90.76 DUTIES OF THE BUILDING INSPECTOR.

   The Building Inspector is hereby designated as the city officer to enforce the provisions of §§ 90.75 through 90.83. It shall be the duty of the Building Inspector to do the following.

   (A)   Locate abandoned structures within the city which structures are in violation of §§ 90.75 through 90.83.

   (B)   Take any action pursuant to these sections as may be necessary to provide for the repair, closing, or demolition of the structures.

   (C)   Keep an accurate record of all enforcement proceedings begun pursuant to the provisions of §§ 90.75 through 90.83.

   (D)   Perform any other duties as may be prescribed herein or assigned to him by the City Council.

(Ord. 83-3, passed 1-17-83; Am. Ord. 21-40, passed 9-7-21; Am. Ord. 21-26, passed 7-12-21)

§ 90.77 POWERS OF THE BUILDING INSPECTOR.

   The Building Inspector is authorized to exercise such powers as may be necessary to carry out the intent and the provisions of §§ 90.75 through 90.83, including the following powers in addition to others herein granted.

   (A)   To investigate the condition of buildings within the city in order to determine which structures are abandoned and in violation of §§ 90.75 through 90.83.

   (B)   To enter upon premises for the purpose of making inspections.

   (C)   To administer oaths and affirmations, examine witnesses and receive evidence.

   (D)   To designate any other officers, agents, and employees of the city as he deems necessary to carry out the provisions of §§ 90.75 through 90.83.

(Ord. 83-3, passed 1-17-83; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 21-40, passed 9-7-21)

§ 90.78 STANDARDS FOR ENFORCEMENT.

   (A)   Every abandoned structure within the city shall be deemed in violation of §§ 90.75 through 90.83 whenever the structure constitutes a hazard to the health, safety, or welfare of the citizens as a result of the following.

      (1)   The attraction of insects or rodents.

      (2)   Conditions creating a fire hazard.

      (3)   Dangerous conditions constituting a threat to children.

      (4)   Frequent use by vagrants as living quarters in the absence of sanitary facilities.

   (B)   In making the preliminary determination of whether or not an abandoned structure is in violation of §§ 90.75 through 90.83, the Building Inspector may, by way of illustration and not limitation, consider the presence or absence of the following conditions.

      (1)   Holes or cracks in the structure's floors, walls, ceilings, or roof which might attract or admit rodents and insects, or become breed- ing places for rodents and insects.

      (2)   The collection of garbage or rubbish in or near the structure which might attract rodents and insects, or become breeding places for rodents and insects.

      (3)   Violations of the State Building Code, the State Electrical Code, or the fire prevention code which constitutes a fire hazard in the structure.

      (4)   The collection of garbage, rubbish, or combustible material which constitute a fire hazard in the structure.

      (5)   The use of the structure or nearby grounds or facilities by children as a play area.

      (6)   Violations of the State Building Code which might result in danger to children using the structure or nearby grounds or facilities as a play area.

      (7)   Repeated use of the structure by transients and vagrants, in the absence of sanitary facilities, for living, sleeping, cooking, or eating.

(Ord. 83-3, passed 1-17-83; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 21-40, passed 9-7-21)