If, after the notice and an administrative hearing, the Housing Inspector determines that the structure under consideration is unfit for human habitation and/or an unsafe abandoned structure in accordance with the standards herein set forth, the Housing Inspector shall state in writing his or her findings of fact in support of the determination, and shall issue and cause to be served upon the owner thereof one of the following orders, as appropriate:
(A) If the repair, alteration or improvement of the dwelling or unsafe abandoned structure (sometimes referenced herein collectively as "structure"), bringing it up to the standards described herein, can be made at a cost less than 50% of the present value of the building, the order shall require the owner, within a specified period of time, to repair, alter or improve the structure so as to render it fit for human habitation, or it shall require the owner within the specified time therein, to repair, alter or improve the structure so as to render it safe. The order may require that the structure be vacated and closed only if continued occupancy during the time allowed for repair will present a significant threat of bodily harm, taking into account the nature of the necessary repairs, alterations, or improvements; the current state of the structure; and any additional risks due to the presence and capacity of minors under the age of 18 or occupants with physical or mental disabilities. The order shall state that the failure to make timely repairs as directed in the order shall make the structure subject to the issuance of an order under § 151.49 below.
(B) If the repair, alteration or improvement of the structure, bringing it up to the standards described herein cannot be made at a cost of less than 50% of the present value of the structure, the order shall require the owner, within a specified period of time, to either repair, alter or improve the structure so as to bring it into compliance with the standard described herein, or to demolish and remove the structure. The order may require that the structure be vacated and closed only if continued occupancy during the time allowed for repair will present a significant threat of bodily harm, taking into account the nature of the necessary repairs, alterations, or improvements; the current state of the structure; and any additional risks due to the presence and capacity of minors under the age of 18 or occupants with physical or mental disabilities. The order shall state that the failure to make timely repairs as directed in the order shall make the structure subject to the issuance of an order under § 151.49 below. If the structure is a designated local landmark or located in a historic district of the town, the Housing Inspector shall notify the Historic District Commission, and the Historic District Commission shall, after providing proper notice, hold an administrative hearing to determine if the structure is of particular significance or value toward maintaining the character of the district and if the structure is determined to be of particular significance or value, the order may require that the structure be vacated and closed consistent with G.S. § 160D-949.
(C) The Housing Inspector shall ensure that any order issued under this section that concerns a designated landmark or a structure within a designated historic district is consistent with and follows the procedures and standards applicable to such designated landmark and/or within the designated historic district under the town's unified development ordinance.
(Ord. passed 7-21-2016; Ord. PL05268-110121, passed 12-8-2021)