(A) Repair, closing, and posting. If the owner fails to comply with an order to repair, alter or improve, or to vacate and close a dwelling or unsafe abandoned structure, the Housing Inspector may cause the structure to be repaired, altered or improved, or to be vacated and closed, and the Housing Inspector may cause to be posted on the main entrance of any dwelling so closed a placard with the following words: "This building [or structure] is unfit for human habitation [and/or unsafe]; the use or occupation of this building [or structure] for human habitation is prohibited and unlawful." Occupation of a structure so posted shall constitute a Class 1 misdemeanor. The duties of the Housing Inspector set forth in this division shall not be exercised until the Town Council shall have by ordinance ordered the Housing Inspector to proceed to effectuate the purpose of this chapter with respect to the particular property or properties that the Housing Inspector shall have found to be unfit for human habitation or an unsafe abandoned structure, and which property or properties shall be described in the ordinance. This ordinance shall be recorded in the office of the Register of Deeds in the county where the property or properties are located and shall be indexed in the name of the property owner in the grantor index.
(B) Demolition. If the owner fails to comply with an order to remove or demolish a dwelling or an unsafe abandoned structure, the Housing Inspector may cause such structure to be removed or demolished. The duties of the Housing Inspector set forth in this division shall not be exercised until the Town Council shall have by ordinance ordered the Housing Inspector to proceed to effectuate the purpose of this chapter with respect to the particular property or properties that the Housing Inspector shall have found to be unfit for human habitation or an unsafe abandoned structure, and which property or properties shall be described in the ordinance. No such ordinance shall be adopted to require demolition of a structure until the owner has first been given a reasonable opportunity to bring it into conformity with this chapter and any other applicable codes. This ordinance shall be recorded in the office of the Register of Deeds in the county where the property or properties are located and shall be indexed in the name of the property owner in the grantor index.
(C) Abandonment of intent to repair.
(1) If a structure has been vacated and closed for a period of one year pursuant to an ordinance adopted pursuant to division (A) of this section, or after the Housing Inspector issues an order or proceedings have commenced regarding a structure to be repaired or vacated and closed as provided in this section, then the Town Council may find that the owner has abandoned the intent and purpose to repair, alter, or improve the structure in order to render it fit for human habitation and/or safe and that the continuation of the structure in its vacated and closed status would be inimical to the health, safety, and welfare of the local government in that the structure would continue to deteriorate, would create a fire and safety hazard, would be a threat to children and vagrants, would attract persons intent on criminal activities, would cause or contribute to blight and the deterioration of property values in the area, and would render unavailable property and a structure that might otherwise have been made available to ease the persistent shortage of decent and affordable housing in this state, then in such circumstances, the Town Council may, after the expiration of such one-year period, enact an ordinance and serve such ordinance on the owner, setting forth the following:
(a) If it is determined that the repair of the dwelling to render it fit for human habitation can be made at a cost not exceeding 50% of the then current value of the dwelling, the ordinance shall require that the owner either repair or demolish and remove the dwelling within 90 days.
(b) If it is determined that the repair of the dwelling to render it fit for human habitation cannot be made at a cost not exceeding 50% of the then current value of the dwelling, the ordinance shall require the owner to demolish and remove the dwelling within 90 days.
(2) This ordinance shall be recorded in the office of the register of deeds and shall be indexed in the name of the property owner in the grantor index. If the owner fails to comply with this ordinance, the housing inspector shall effectuate the purpose of the ordinance.
(D) If any occupant fails to comply with an order to vacate a dwelling, the Housing Inspector may file a civil action in the name of the town to remove the 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 the 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 Housing Inspector produces a certified copy of an ordinance adopted by the governing body pursuant to division (C) above, 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 judgement ordering that the dwelling be vacated shall be enforced in the same manner as the judgement for summary ejectment entered under G.S. § 42-30. An appeal from any judgement entered hereunder by the magistrate may be taken as provided in G.S. § 7A-228, and the execution of the judgement 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 (D), unless the occupant was served with notice at least 30 days before the filing of the summary ejectment proceeding that the governing body has ordered the Housing Inspector to proceed to exercise his or her duties under division (C) of this section to vacate and close or remove and demolish the dwelling.
(E) Whenever a determination is made pursuant to § 151.48 that a dwelling must be vacated and closed, or removed or demolished, under the provisions of this section, notice of the order shall be given by first-class mail to any organization involved in providing or restoring dwellings for affordable housing that has filed a written request for the notices. A minimum period of 45 days from the mailing of the notice shall be given before removal or demolition by action of the Housing Inspector, to allow the opportunity of any organization to negotiate with the owner to make repairs, lease or purchase the property for the purpose of providing affordable housing. The Housing Inspector or clerk shall certify the mailing of the notices, and the certification shall be conclusive in the absence of fraud. Only an organization that has filed a written request for the notices may raise the issue of failure to mail the notices, and the sole remedy shall be an order requiring the Housing Inspector to wait 45 days before causing removal or demolition. Authority: G.S. § 160D-1203.
(F) The Town Council shall ensure that any ordinance issued under this section that concerns a designated landmark or a structure located 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)